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City Council Packet 2010 11-23-10 United City of Yorkville 800 Game Farm Road EST. , 1836 Yorkville, Illinois 60560 Telephone: 630 -553 -4350 Fax: 630 -553 -7575 <<E AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, November 23, 2010 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Wally Werderich Gary Golinski Marty Munns Rose Ann Spears George Gilson, Jr. Arden Joe Plocher Robyn Sutcliff Diane Teeling Establishment of Quorum: Introduction of Guests: i Amendments to Agenda: j Committee Meeting Dates: Public Works Committee Meetin!: 6:30 p.m., December 21, 2010 City Hall Conference Room Economic Development Committee: 6:30 p.m., December 7, 2010 City Hall Conference Room Administration Committee Meetiniz: 6:00 p.m., December 16, 2010 City Hall Conference Room Public Safetv Committee Meeting: 6:00 p.m., December 20, 2010 City Hall Conference Room Presentations: 1. Certificate of Recognition for Achieving the Rank of Eagle Scout — William D. Parker 2. Certificates of Recognition to Essay Winners — Lexi Weiss, Ryan Yezak, and Kyle Yezak I City Council Meeting Agenda November 23, 2010 Page 2 Public Hearings: ------------------------------------------------------------------------------------------------------------------------------------------ - - - - -- ------------------------------------------------------------------- Citizen Comments: Consent Agenda: 1. PW 2010 -70 Water Department Report for July 2010 2. PW 2010 -71 Water Department Report for August 2010 3. PW 2010 -72 Game Farm /Somonauk Project — Engineering Supplement #2, Federal Participation Agreement & MFT Appropriation Resolution — authorize increase to engineering supplement #2 in an amount not to exceed $16,810 and authorize the Mayor and City Clerk to execute all documents 4. PW 2010 -73 Cozy Corner Subdivision — Final Acceptance and Bond /LOC Reduction — authorize reduction to Developers Surety & Indemnity Company Bond #7183975 in the amount of $36,842 . 52, authorize reduction to Old Second Bank Letter of Credit #305000082 in the amount of $30,625.88, and authorize the acceptance of the public improvements of watermain and sidewalk for the Cozy Corner Subdivision for ownership and maintenance, all subject to verification that the developer has no outstanding debt owed to the city 5. PW 2010 -78 Temporary Easement — 102 E. Washington Street — authorize the Mayor and City Clerk to execute 6. PW 2010 -79 802 S. Bridge Street —Bond Expiration —authorize the City Clerk to call Old Republic Surety Company Bond #RLI0627158 in the full amount of $10, 000 if a replacement bond is not received by December 10, 2010 7. PW 2010 -80 Prairie Meadows — Warranty Bond Release — authorize the release ofAmerican Casualty Company Bond No. 929306354 in the amount of $659,680.07 on December 22, 2010, subject to verification that the developer has not outstanding debt owed to the city 8. PW 2010 -81 Route 47 Project —Proposed Detour Route —authorize IDOT the use of Countryside Parkway between Route 34 and Route 47 as a detour route during a portion of the Route 47 reconstruction project 9. PW 2010 -84 Raintree Village Units 2 & 3 — Warranty Bond Release — authorize the release of Bond Safeguard Company Bond Nos. 5035418 in the amount of $152,905.79 and 5035419 in the amount of $99,047.98, subject to verification that the developer has no outstanding debt owed to the city 10. PW 2010 -65 Fountain Village — Sitework Letter of Credit Reduction No. 1 — authorize a reduction to the sitework letter of credit in the amount of $665, 377.90, subject to verification that the developer has no outstanding debt owed to the city 11. ADM 2010 -51 Treasurer's Report for September 2010 12. ADM 2010 -52 Treasurer's Report for October 2010 Plan Commission / Zoning Board of Appeals: City Council Meeting Agenda November 23, 2010 Page 3 Minutes for Approval (Corrections and Additions): Minutes of City Council — September 28, 2010 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 629,467.33 (vendors) $ 238,564.54 (payroll period ending 11/6/10) $ 868,031.87 (total) Reports: Mayor's Report: 1. CC 2010 -85 Appointments to the Cultural Commission 2. CC 2010 -89 Appointment to Human Resources Commission 3. CC 2010 -90 Proclamation for National Drunk and Drugged Driving (3 -D) Prevention Month 4. CC 2010 -91 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2003 -100 (Raintree Village Project) and Approving the Amended Special Tax Roll 5. CC 2010 -92 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2003 -101 (Windett Ridge Project) and Approving the Amended Special Tax Roll 6. CC 2010 -93 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2004 -104 (Central Grande Reserve) and Approving the Amended Special Tax Roll 7. CC 2010 -94 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2004 -106 (Total Grande Reserve) 8. CC 2010 -95 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2004 -107 (Raintree Village II Project) 9. CC 2010 -96 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2005 -108 (Autumn Creek Project) and Approving the Amended Special Tax Roll 10. CC 2010 -97 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2005 -109 (Bristol Bay I Project) and Approving the Amended Special Tax Roll 11. CC 2010 -98 Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2011 and Ending April 30, 2012 12. CC 2010 -99 Ordinance Amending City Code Providing for an Admission Fee at Inter -Track Wagering Locations 13. CC 2010 -100 Debt Obligations City Council Report: City Attorney's Report: City Clerk's Report: I I City Council Meeting Agenda November 23, 2010 Page 4 Reports (coat'): City Treasurer's Report: City Administrator's Report: Director of Parks & Recreation Report: Finance Director's Report: City Engineer's Report: Director of Public Works Report: Chief of Police Report: Community Development Director Report: Community Relations Officer: Community & Liaison Report: Committee Reports: Public Works Committee Report: 1. PW 2010 -69 River Road Bridge Replacement — Intergovernmental Agreement 2. PW 2010 -75 Proposed Revisions /Clarifications to Letter of Credit Policy a. Ordinance Regarding Construction Guarantee Requirements b. Resolution Warranty Requirements for Private Land Improvements c. Resolution Modifying Construction Guarantee Requirements Regarding the Release of Warranty Securities Economic Development Committee Report: 1. No report. Public Safetv Committee Report: 1. No report. Administration Committee Report: 1. No report. Additional Business: Executive Session: 1. For litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. 2. For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. City Council Meeting Agenda November 23, 2010 Page 5 Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES --------------------- PUBLIC_ WORKS ---- --- --- --- - - - - -- -------------------------------------------------------------------------------------------------- - - - - -- ------------------------------------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Plocher Public Works Park Board Vice - Chairman: Alderman Gilson Engineering YBSD Committee: Alderman Munns Parks and Recreation Committee: Alderman Teeling !ECONOMIC DEVELOPMENTI -- - -- - --------------------------------------------------------------------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Golinski Community Development Plan Commission Vice - Chairman: Alderman Spears Building Safety and Zoning Yorkville Econ. Dev. Corp. Committee: Alderman Werderich Kendall Co. Plan Commission Committee: Alderman Sutcliff EA BLIC SAFETY] ------------------------------------- - - - - -- ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Werderich Police Human Resource Comm. Vice- Chairman: Alderman Munns School District Committee: Alderman Spears Committee: Alderman Plocher �DMINISTRATION� Committee Departments Liaisons Chairman: Alderman Sutcliff Finance Library Vice - Chairman: Alderman Teeling Administration Committee: Alderman Gilson Committee: Alderman Golinski UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, November 23, 2010 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Certificate of Recognition for Achieving the Rank of Eagle Scout — William D. Parker i 2. Certificates of Recognition to Essay Winners — Lexi Weiss, Ryan Yezak, and Kyle Yezak ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------- - - - - -- -----------------------------------------------------------------------------------7----------------------------------------------------- CITIZEN COMMENTS (continued): ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2010 -70 Water Department Report for July 2010 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes i ----------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2010 -71 Water Department Report for August 2010 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2010 -72 Game Farm /Somonauk Project — Engineering Supplement #2, Federal Participation Agreement & MFT Appropriation Resolution ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes I I -----------------------------------------------------------------------------------7----------------------------------------------------- 4. PW 2010 -73 Cozy Corner Subdivision — Final Acceptance and Bond /LOC Reduction ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes 5. PW 2010 -78 Temporary Easement — 102 E. Washington Street ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes I I ----------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2010 -79 802 S. Bridge Street — Bond Expiration ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes I i ----------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2010 -80 Prairie Meadows — Warranty Bond Release ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes -----------------------------------------------------------------------------------7----------------------------------------------------- 8. PW 2010 -81 Route 47 Project —Proposed Detour Route ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 9. PW 2010 -84 Raintree Village Units 2 & 3 — Warranty Bond Release ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 10. PW 2010 -65 Fountain Village — Sitework Letter of Credit Reduction No. 1 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 11. ADM 2010 -51 Treasurer's Report for September 2010 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 12. ADM 2010 -52 Treasurer's Report for October 2010 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: ----------------------------------------------------------------------------------------------------------------------------------------- 1. City Council —September 28, 2010 ❑ Approved ❑ As presented ❑ As amended I I i BILL LIST: ❑ Approved ❑ As presented ❑ As amended ❑ Notes MAYOR'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2010 -85 Appointments to the Cultural Commission ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee /future meeting ❑ Informational Item ❑ Notes I i ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2010 -89 Appointment to the Human Resources Commission ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee /future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2010 -90 Proclamation for National Drunk and Drugged Driving (3 -D) Prevention Month ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee /future meeting ❑ Informational Item ❑ Notes -----------------------------------------------------------------------------------7----------------------------------------------------- 4. CC 2010 -91 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2003 -100 (Raintree Village Project) and Approving the Amended Special Tax Roll ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee /future meeting ❑ Informational Item ❑ Notes i i i ----------------------------------------------------------------------------------------------------------------------------------------- 5. CC 2010 -92 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2003 -101 (Windett Ridge Project) and Approving the Amended Special Tax Roll ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee /future meeting l ❑ Informational Item ❑ Notes I ----------------------------------------------------------------------------------------------------------------------------------------- 6. CC 2010 -93 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2004 -104 Central Grande Reserve and approving the Amended Special Tax Roll ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee /future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 7. CC 2010 -94 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2004 -106 Total Grande Reserve ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee /future meeting ❑ Informational Item ❑ Notes i ----------------------------------------------------------------------------------------------------------------------------------------- 8. CC 2010 -95 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2004 -107 (Raintree Village II Project) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee /future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 9. CC 2010 -96 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2005 -108 (Autumn Creek Project) and Approving the Amended Special Tax Roll ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee /future meeting ❑ Informational Item ❑ Notes -----------------------------------------------------------------------------------7----------------------------------------------------- 10. CC 2010 -97 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2005 -109 (Bristol Bay I Project) and Approving the Amended Special Tax Roll ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee /future meeting ❑ Informational Item ❑ Notes I i 11. CC 2010 -98 Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2011 and Ending April 30, 2012 i ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee /future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 12. CC 2010 -99 Ordinance Amending City Code Providing for an Admission Fee at Inter -Track Wagering Locations ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee /future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 13. CC 2010 -100 Debt Obligations ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee /future meeting ❑ Informational Item ❑ Notes I i i I I ----------------------------------------------------------------------------------------------------------------------------------------- REPORTS: ----------------------------------------------------------------------------------------------------------------------------------------- i PUBLIC WORKS COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2010 -69 River Road Bridge Replacement — Intergovernmental Agreement ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee /future meeting ❑ Informational Item ❑ Notes i ----------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2010 -75 Proposed Revisions /Clarifications to Letter of Credit Policy a. Ordinance Regarding Construction Guarantee Requirements ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee /future meeting ❑ Informational Item ❑ Notes �I b. Resolution Warranty Requirements for Private Land Improvements ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee /future meeting ❑ Informational Item ❑ Notes �I c. Resolution Modifying Construction Guarantee Requirements Regarding the Release of Warranty Securities ❑ Approved: Y N ❑ Subject to pp J ❑ Removed ❑ Bring back to Committee /future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- I I i i � I'I ♦ , Q ED C /p Reviewed By: Agenda Item Number Legal ❑ CA #1 EST. ` , 1836 Finance ❑ Engineer ❑ Tracking Number �i �� City Administrator F] O ^Js. �O Public Works ■ �KC- PW 2010 -70 C �E E-1 Agenda Item Summary Memo Title: Water Department Report for July 2010 I Meeting and Date: City Council — 11/23/10 i Synopsis: 1 Council Action Previously Taken: Date of Action: PW 11/16/10 Action Taken: Consensus of PW Committee for this item to be on the 11/23/10 CC consent agenda Item Number: PW 2010 -70 for approval. Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Brian Sorensen Water Name Department Agenda Item Notes: ,2 A O� 0-0 Cl United City of Yorkville C� -, WATER DEPARTMENT REPORT b� _ _. N < �� JULY 2010 MONTH /YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE (FEET) (FEET) (FEET) ( GALLONS) 3 1335 501 204 15,016,000 4 1393 542 187 164,000 7 1500 883 532 4,620,200 8 1500 861 477 25,528,000 9 1500 1125 576 9,900,000 TOTAL 55,228,200 CURRENT MONTH'S PUMPAGE IS 7,485,600 GALLONS MORE THAN LAST MONTH 2,926,900 GALLONS LESS THAN LAST YEAR DAILY AVERAGE PUMPED: 1.826,000 GALLONS DAILY MAXIMUM PUMPED: 2.947,000 GALLONS DAILY AVERAGE PER CAPITA USE: 114 GALLONS WATER TREATMENT CHLORINE FED: 1567.4 LBS. CALCULATED CONCENTRATION: 3.1 MG /L FLUORIDE FED: 367 LBS. CALCULATED CONCENTRATION: 0.19 MG /L POLY PHOSAPHATE 1229.9 LBS. CALCULATED CONCENTRATION: 0.87 MG /L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 18 SAMPLES TAKEN 18 SATISFACTORY UNSATISFACTORY (EXPLAIN) FLOURIDE. 3 SAMPLE(S) TAKEN CONCENTRATION: 1.02 MG /L MAINTENANCE NUMBER OF METERS REPLACED: 15 NUMBER OF LEAKS OR BREAKS REPAIRED: 1 MXU'S 9 NEW CUSTOMERS RESIDENTIAL: 6 COMMERCIAL: 0 INDUSTRIAL /GOVERNMENTAL: 0 COMMENTS REPLACED 100' OF 1" COPPER AT 1385 CHESTNUT CIRCLE. HOLE IN THE COPPER UNDER THE ROAD. ALSO REPLACED 5 SOUARES OF WALK DUE TO THE LEAK. C /T Reviewed By: Agenda Item Number ` J` 0 -0 Legal ❑ CA #2 EST. 1836 Finance ❑ Engineer ❑ Tracking Number 0 City Administrator ❑ a�e1 �O Public Works ■ K PW 2010 -71 ... C W wKy ` �kE `��, ❑ Agenda Item Summary Memo Title: Water Department Report for August 2010 I Meeting and Date: City Council— 11/23/10 Synopsis: Council Action Previously Taken: Date of Action: PW 11/16/10 Action Taken: Consensus of PW Committee for this item to be on the 11/23/10 CC consent agenda Item Number: PW 2010 -70 for approval. Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Brian Sorensen Water Name Department Agenda Item Notes: c� �a V Cl United City of Yorkville ,M WATER DEPARTMENT REPORT P an�u - �[ CC �4 AUGUST 2010 MONTH /YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE (FEET) (FEET) (FEET) ( GALLONS) 3 1335 501 204 10,000 4 1393 542 185 13,273,000 7 1500 883 530 3,883,300 8 1500 861 473 16,534,000 9 1500 1125 575 17,564,000 TOTAL 51,264,300 CURRENT MONTH'S PUMPAGE IS 3.963.900 GALLONS LESS THAN LAST MONTH 3.760.900 GALLONS LESS THAN LAST YEAR DAILY AVERAGE PUMPED: 1.615.600 GALLONS DAILY MAXIMUM PUMPED: 2.534.200 GALLONS DAILY AVERAGE PER CAPITA USE: 101 GALLONS WATER TREATMENT 1 CHLORINE FED: 1417.7 LBS. CALCULATED CONCENTRATION: 3.3 MG /L FLUORIDE FED: 415.3 LBS. CALCULATED CONCENTRATION: 0.22 MG /L POLY PHOSAPHATE 1066.3 LBS. CALCULATED CONCENTRATION: 0.89 MG /L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 18 SAMPLES TAKEN 18 SATISFACTORY UNSATISFACTORY (EXPLAIN) FLOURIDE: 3 SAMPLE(S) TAKEN CONCENTRATION: 1.1 MG /L MAINTENANCE NUMBER OF METERS REPLACED: 15 NUMBER OF LEAKS OR BREAKS REPAIRED: 1 MXU'S 7 NEW CUSTOMERS RESIDENTIAL: 2 COMMERCIAL: 0 INDUSTRIAL /GOVERNMENTAL: 0 COMMENTS 506 COLTON REPAIRED - -A 4" WATERMAIN WITH A 1/16 HOLE IN THE WATER MAIN. ♦,�00 C/1. Reviewed By: Agenda Item Number J 0 Legal ❑ CA #3 EST. 1836 Finance ❑ 1 ` ' Engineer ■ -� -� Tracking Number U �� ` City Administrator ■ �O Consultant ❑ PW 2010 -72 LE Agenda Item Summary Memo Title: Game Farm /Somonauk Project — Eng. Supplement #2, Federal Participation Agmt. & MFT Appropriation Resolution Meeting and Date: City Council 11/23/10 Synopsis: This engineering supplemental request in the amount of $16,810 is for items performed beyond the original scope of work of the agreement. I Council Action Previously Taken: Date of Action: PW 11/16/10 Action Taken: Consensus of PW Committee for this item to be on the 11/23/10 CC consent agenda Item Number: PW 2010 -72 for approval. Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: I Memorandum MT.. . yeas To: Bart Olson, City Administrato u From: Joe Wywrot, City Engineer v , ; _ CC: Lisa Pickering, Deputy City Cl r �� - O g� p Y Y Date: October 13, 2010 Subject: Game.Farm /Somonauk Project - Proposed Engineering Supplement No.2, Agreement for Federal Participation, & MFT Appropriation Resolution Attached find one copy of proposed Engineering Supplement No. 2 submitted by SEC Group for the referenced project. This proposed supplement to the existing engineering agreement, in the amount of a $16,810 increase, is for various work items beyond the scope of the original agreement. Also attached find a Local Agency Agreement for Federal Participation, which calls for half of this additional engineering expense to be funded through the Kane- Kendall Council for Mayors ( KKCOM), and an MFT appropriation resolution in the amount of $16,810.00. Even though the federal government would pay for half this cost, we need to pay the consultant and then request reimbursement, so we need to appropriate the full amount. The additional work items are explained in detail in Exhibit E to the supplement. The more significant items were: A. Re- analyze the tributary area and revise the storm sewer design on Somonauk Street. The new' design will allow us to keep the existing storm sewer in service rather than replacing it with a larger sewer. The cost savings in construction will be in excess of $100,000. B. Revise the storm sewer design on Game Farm Road near the high school to allow the existing watermain near the high school to remain in service. By not replacing the watermain, we will save about $30,000 in construction costs. C. Update the Highway Standards and various special provisions to comply with IDOT's current requirements. Unfortunately this work was performed before we made the decision to defer construction of the project. SEC Group originally submitted a supplemental request for $21,716, which also included additional hours for trail redesign, pavement marking revisions, and an additional future meeting with KKCOM staff. Upon discussing these items with SEC we all agreed that the trail redesign was necessary only because their original design did not fully consider all options to help minimize the need for easements, some of the pavement marking revisions were to correct drafting errors, and the additional future meeting will probably not be necessary. I recommend that Engineering Supplement No. 2, the Local Agency Agreement for Federal Participation, and the MFT appropriation resolution be approved. Please place this item on the October 19, 2010 Public Works Committee agenda for consideration. ��Ino1S Ytl11PJ'1t Resolution for Improvement by Municipality Under the Illinois of Transportation Highway Code BE IT RESOLVED, by the City Council of the Council or President and Board of Trustees United City of Yorkville Illinois City, Town or Village that the following described street(s) be improved under the Illinois Highway Code: Name of Thoroughfare Route From To Game Farm Road FAU 1550 US Route 34 Somonauk Street Somonauk Street FAU 1550 Game Farm Road Colton Street I BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of Additional Phase 2 engineering to revise storm sewer, watermain sidewalk, pavement marking, and railing designs. and shall be constructed N/A wide and be designated as Section 03- 00031 -00 -FP i 2. That there is hereby appropriated the (additional X Yes No) sum of Sixteen thousand, eight hundred and ten and ---------------------------------------------------------------- - - - - -- Dollars ( $16,810.00 ) for the improvement of said section from the municipality's allotment of Motor Fuel Tax funds. 3. That work shall be done by contract ; and, Specify Contract or Day Labor BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation. Approved I, Jacquelyn Milschewski Clerk in and for the City of Yorkville City, Town or Village County of Kendall , hereby certify the Date foregoing to be a true, perfect and complete copy of a resolution adopted by the City Council Council or President and Board of Trustees Department of Transportation at a meeting on Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of Regional Engineer (SEAL) City, Town, or Village Clerk Printed 10/13/2010 BLR 09111 (Rev. 11/06) eunois Department of Transportation United City of Yorkville X Local Agency Agreement Section Fund Type ITEM Number for Federal Participation 03- 00031 -00 -FP STU Construction Enqineerinq Riqht -of -Way Job Number Project Number Job Number Project Number Job Number Project Number P -93- 033 -07 M -8003 (811) This Agreement is made and entered into between the above local agency hereinafter referred to as the "LA" and the state of Illinois, acting by and through its Department of Transportation, hereinafter referred to as "STATE ". The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures approved and /or required by the Federal Highway Administration hereinafter referred to as "FHWA ". Location Local Name Game Farm Road / Somonauk Street Route FAU 1550 Length 5,500 feet Termini U.S. Route 34 to Illinois Route 47 Current Jurisdiction United City of Yorkville Existing Structure No N/A Project Description Reconstruction of Game Farm Road / Somonauk Street from U.S. Route 34 to Illinois Route 47 for the addition of auxiliary turn lanes. Project includes curb and gutter, new storm sewer and sidewalk improvements. Division of Cost Type of Work FHWA % STATE % LA % Total Participating Construction ( ) ( ) ( ) Non - Participating Construction ( ) ( ) ( ) Preliminary Engineering 8,405 ( 50 ) ( ) 8,405 ( 50 ) 16,810 Construction Engineering ( ) ( ) ( ) Right of Way ( ) ( ) ( ) Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) Materials TOTAL $ 8,405 $ $ 8,405 $ 16,810 NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above. The Federal share of construction engineering may not exceed 15% of the Federal share of the final construction cost. Local Agency Appropriation By execution of this Agreement, the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and additional funds will be appropriated, if required, to cover the LA's total cost. Method of Financing (State Contract Work) METHOD A- - -Lump Sum (80% of LA Obligation) METHOD B - -- Monthly Payments of METHOD C --- LA's Share $ 8,405.00 divided by estimated total cost multiplied by actual proqress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Printed on 10/11/2010 Page 1 of 4 BLR 05310 (03/23/10) THE LA AGREES: (1) To acquire in its name, or in the name of the state if on the state highway system, all right -of -way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established state policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LA, and STATE and the FHWA, if required. (2) To provide for all utility adjustments, and to regulate the use of the right -of -way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required. (5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA, the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. (8) To provide if required, for the improvement of any railroad- highway grade crossing and rail crossing protection within the limits of the proposed improvement. (9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA. (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE, in lump sum, an amount equal to 80% of the LA's estimated obligation incurred under this Agreement, and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion, of the project based upon final costs. Method B - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified amount each month for an estimated period of months, or until 80% of the LA's estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method C - Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided by the estimated total cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid. (11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding, equipment, labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right -of -way acquisition for, or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right -of -Way Acquisition) In the event that the actual construction of the project on this right -of -way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which this Agreement is executed, the LA will repay the STATE any Federal Funds received under the terms of this Agreement. (14) (Railroad Related Work Only) The estimates and general layout plans for at -grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission (ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT's District Bureau of Operations. The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer's Payment Estimates in accordance with the Division of Cost on page one, Printed on 10/11/2010 Page 2 of 4 BLR 05310 (03/23/10) (a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three -year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with commission of any of the offenses enumerated in item (b) of this certification; and (d) have not within a three -year period preceding the Agreement had one or more public transactions (Federal, State, local) terminated for cause or default. (16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LA's certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions; (c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right -of -way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and /or STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for feimbursement from the STATE. Supporting documentation is defined as verification of payment, certified time sheets, vendor invoices, vendor receipts, and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,000). (24) Upon completion of this phase of the improvement, the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed. (25) (Single Audit Requirements) That if the LA receives $500,000 or more a year in federal financial assistance they shall have an audit made in accordance with the Office of Management and Budget (OMB) Circular No. A -133. LA's that receive less than $500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE with 30 days after the completion of the audit, but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway planning and construction activities is 20.205. THE STATE AGREES: (1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA's certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and /or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) That for agreements with Federal and /or State funds in engineering, right -of -way, utility work and /or construction work: Printed on 10/11/2010 Page 3 of 4 BLR 05310 (03/23/10) cost information and show evidence of payment by the LA; (b) To provide independent assurance sampling, to furnish off -site material inspection and testing at sources normally visited by STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal -aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement. (2) This Agreement shall be binding upon the parties, their successors and assigns. (3) For contracts awarded by the LA, the LA shall not discriminate on the basis of race, color, national or or sex in the award and performance of any USDOT — assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT — assisted contracts. The LA's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and /or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). In the absence of a USDOT — approved LA DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. (4) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (5) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and /or amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et se g.) unless the provisions of that Act exempt its application. ADDENDA Additional information and /or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1 Location Map (Insert addendum numbers and titles as applicable) The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all addenda indicated above. APPROVED APPROVED Local Agency State of Illinois j Department of Transportation Valerie Burd (Print or Type Name) Gary Hannig, Secretary of Transportation Date Mayor By: (County Board Chairperson /MayorNillage President/etc.) (Delegate's Signature) (Delegate's Name - Printed) (Signature) Date The above signature certifies the agency's TIN number is Christine M. Reed, Director of Highways /Chief Engineer Date 36- 6006169 conducting business as a Governmental Entity. NOTE: If signature is by an APPOINTED official, a resolution Ellen J. Schanzie- Haskins, Chief Counsel Date authorizing said appointed official to execute this agreement is required. Ann L. Schneider, Director of Finance and Administration Date Printed on 10/11/2010 Page 4 of 4 BLR 05310 (03/23/10) LOCATION MAP SUPPLEMENT #2 END IMPROVEMENTS RANGE 7 EAST GAME FARM ROAD m� N STA. 649 +92.69 m� 2 �Fy COUNTRYSIDE PKWY 9 C 34 C O P 4T 34 JOHN ST END SOMONAUK STREET VETERANS PKWY T�M4 RO STA. 513 +88.00 ' N BEGIN GAME FARM ROAD V ? P EASURE IR y ANDMARK JGa �� F4R CgyQ D STA. 513 +88.00 �Q� LANE VE o U � R WALNUT ST � II LL J JACK60N ST E ELM 57 Z 3 EP K ST S ON UK ST RING ST d � S RIVER ST v ~ F OX RIVER O PROJECT OMISSION NGTO NORTHBR RR 1 BEGIN WROVEMENTS SOMONAUK STREET RIDGE VAN EMMON S SOMONAUK STREET STA499 +8184 TO 4T STA. 494 +9193 STA 500 +18.68 o W 5 IN TON T 0 / ORA GE ST OLSEN ST FOX BLAINE S WALTER ST Z ELIZABETH ST ILLINI DR BEAVER ST 26 BRISTOL TOWNSHIP THIRD PRINCIPAL MERIDIAN LOCATION MAP 1 "= 2,000' (APPROX.) PROJECT GROSS LENGTH = 5,463.95 FEET (1.03 MILES) PROJECT NET LENGTH 5,500.69 FEET (1.04 MILES) Local Agency Consultant L 111mis Department SEC Group, Inc. An HR Green United Citv of Yorkville p of Transportabon, C Company County C 0 Address Kendall A N 651 Prairie Pointe Dr, Suite 201 Section L S City 03- 000 31 -00 -FP U Yorkville Project No. A Preliminary Engineering L State M -08003 18111 Services Agreement Illinois Job No. G For T Zip Code P -93- 033 -07 E Federal Participation A 6056 Contact Name /Phone /E -mail Address N N Contact Name /Phone /E -mail Address Joseph Wywrot/630- 553 -8545 C T Glenn Tredinnick, P.E. /630- 553 -7560 Jwywrot @yorkville.il.us y Supplement #2 gtredinnick @hrgreen.com THIS AGREEMENT is made and entered into this day of , 2010 between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT. Federal -aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation (STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. Project Description Name Game Farm Road - Somonauk Street Route FAU 1550 Length 5,500' Structure No. None Termini From Illinois Route 47 to U.S. Route 34 Description: Supplement #2 for the preparation of contract plans and specifications for the reconstruction of Game Farm Road /Somonauk Street, from Illinois Route 47 to U.S. Route 34. Agreement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of engineering services for the LA for the proposed improvement herein described. 2. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LA or STATE. 3. To complete the services herein described within 360 calendar days from the date of the Notice to Proceed from the LA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. I 4. The classifications of the employees Used in the work should be consistent with the employee classifications and estimated man - hours shown in EXHIBIT A. If higher - salaried personnel of the firm, including the Principal Engineer, perform services that are indicated in Exhibit A to be performed by lesser - salaried personnel, the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. 6. That the ENGINEER shall be responsible for the accuraoy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER's errors, omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for clarification of any ambiguities. 7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when such seal is required by law. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE. 8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA. Page 1 of 7 BLR 05610 (Rev. 9/06) Printed on 10/12/2010 12:41:45 PM a, i ne unaersignea cernmes nennei uie nUi i have. a. employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT, b. agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c. paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. d. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, e. have not within a three -year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, .forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property, f. are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (e) and g. have not within a three -year period preceding this AGREEMENT had one or more public transactions (Federal, State or local) terminated for cause or default. 10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 11. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 12. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the project (Exhibit B). 13. Scope of Services to be provided by the ENGINEER (as checked below and detailed in Exhibit E): ❑ Make such detailed surveys as are necessary for the planning and design of the PROJECT. ❑ Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories. ❑ Prepare applications for U.S. Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification. ❑ Design and /or approve cofferdams and superstructure shop drawings. ❑ Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches). ❑ Prepare the necessary environmental and planning documents including the Project Development Report, Environmental Class of Action Determination or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary environmental clearances. ❑ Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal -Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE. ❑ Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation. ❑ Prepare preliminary roadway and drainage structure plans and meet with representatives of the LA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage structures, and compliance with applicable design requirements and policies. ❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. ® Complete the general and detailed plans, special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate. ❑ Furnish the LA with survey and drafts in quadruplicate all necessary right -of -way dedications, construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Page 2 of 7 BLR 05610 (Rev. 9/06) Printed on 10/11/2010 1:58:59 PM 1. To furnish the ENGINEER all presently available survey data and information 2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee ® CPFF = 14.5 %[DL + R(DL) + OH(DL) + IHDC], or ❑ CPFF = 14.5 %[DL + R(DL) + 1.4(DL) + IHDC], or ❑ CPFF = 14.5 %[(2.3 + R)DL + IHDC] Where: DL = Direct Labor IHDC = In House Direct Costs OH = Consultant Firm's Actual Overhead Factor R = Complexity Factor Specific Rate ❑ (Pay per element) Lump Sum ❑ 3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5 -409: ❑ With Retainage a) For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ® Without Retainage 1 , a) For progressive payments — Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE, a sum o money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 4. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT - assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and /or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). III. IT IS MUTALLY AGREED, 1. That no work shall be commenced by the ENGINEER prior to issuance by the LA of a written Notice to Proceed. 2. That tracings, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LA and that basic survey notes, sketches, charts and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request, to the LA or to the STATE, without restriction or limitation as to their use. Page 3 of 7 BLR 05610 (Rev. 9/06) Printed on 10/11/2010 1:58:59 PM J. 11WIL diI IUYUI W, `AdIIJ, UbL1111G1CA CIIIU ZPULdGI PIUVIOIUIIA IUI I II.I,IICU UY 11 IC. "I%a .Q.1 — u. — Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such furnished documents shall be approved by the LA and the STATE before final acceptance. During the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. 4. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement. 5. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 6. The payment by the LA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LA, the STATE, and their officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LA. The LA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination. 9. This certification is required by the Drug Free Workplace Act (301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation -of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract or grant and debarment of the contracting or grant opportunities with the State for at least one (1) year but no more than five (5) years. For the purpose of this certification, "grantee" or "contractor" means a corporation, partnership or other entity with twenty -five (25) or more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the State, as defined in the Act. The contractor /grantee certifies and agrees that it will provide a drug free workplace by: a. Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (a) abide by the terms of the statement; and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. b. Establishing a drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's or contractor's policy of maintaining a drug free workplace; (3) Any available drug counseling, rehabilitation and employee assistance program; and (4) The penalties that may be imposed upon an employee for drug violations. c. Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. d. Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction. e. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, f. Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. Page 4 of 7 BLR 05610 (Rev. 9/06) Printed on 10/11/2010 1:58:59 PM IV. I IIC L_I N/ J YLCI% VI JUVUUIIJUILQIIL JI IPII IIVL VIJVI III IIIIGIG V11 LIIG VoJIJ VI .0 ' V" IIULIVIIGII vly.. v. vv.... ....• p•v....... ... ...� �. a111J AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LA deems appropriate. A greement Summary Prime Consultant: TIN Number Agreement Amount SEC Group, Inc. - An HR Green Company 142- 0927178 I $ 16,809.27 Sub- Consultants: TIN Number Agreement Amount I � I � I I � � Sub - Consultant Total: Prime Consultant Total: $ 16,809.27 Total for all Work: $ 16,809.27 Executed by the LA: United City of Yorkville (Mu nlcipal Ityf rownship /County) ATTEST: By: By: Clerk Title: Mayor (SEAL) I Executed by the ENGINEER: � � I ATTEST:! SEC Grofle� An HR Green Company Title: Administrative Assistant Title: Site Manager Page 5 of 7 BLR 05610 (Rev. 9106) Printed on 10/11/2010 1:58:59 PM Exhibit A - Phase II Engineering Supplement #2 Route: Game Farm Road /Somonauk Road *Firm's approved rates on file with IDOT's Local Agency: United City of Yorkville Bureau of Accounting & Auditing: (Municipality/Township /County) Section: 03- 00031 -00 -EP Overhead Rate (OH) 159.00% Project: M -8003 (811) Complexity Factor (R) 0 Job No. P -93- 033 -07 Calendar Days 360 Method of Compensation Cost Plus Fixed Fee 1 ® 14.5 %[DL + R(DL) + OH(DL) + IHDC] Cost Plus Fixed Fee 2 ❑ 14.5 %[DL + R(DL) + 1.4(DL) + IHDC] Cost Plus Fixed Fee 3 ❑ 14.5 %[(2.3 + R)DL + IHDC] Specific Rate ❑ Lump Sum ❑ Cost Estimate of Consultant's Services in Dollars Element of Work Employee Man- Payroll Payroll Services by Others In -House Overhead* Direct Costs Profit Total Classification Hours Rate Costs (DL) (IHDC) Sidewalk and Bike Trail See Exhibit C 8 $38.05 $304.40 $484.00 $0.00 $0.00 $114.32 $902.71 Storm Sewer See Exhibit C 40 $34.22 $1.368.80 $2,176.39 $0.00 $0.00 $514.05 $4,059.24 Pavement Markinqs See Exhibit C' 4 $38.05 $152.20 $242.00 $0.00 $0.00 $57.16 $451.36 Alternate Fence Details See Exhibit C 4 $32.17 $128.68 $204.60 $0.00 $0.00 $48.33 $381.61 Water Main Plans See Exhih ?t C 1F $1892 $622 72. $990.12 $0.00 $0.00 $233.86 $1,846.71 Water Main Details See Exhibit C. 4 T.I? 17 $1 $204.60 $0.00 $0.00 $48.33 $381.61 Letting Update See Exhibit C 24 $41 17 $988.08 $1,571.05 $0.00 $0.00 $371.07 $2,930.20 Estimate of Cost & Time See Exhibit C P. $39 $318.32 $506.13 $0.00 $0.00 $119.55 $943.99 Meetings /Coordination See Exhibit C 18 $35.23 $634.14 $1,008.28 $0.00 $0.00 $238.15 $1,880.57 Administration See Exhibit C 24 $4259 $1,022.16 $1.625.23 $0.00 $0.00 $383.87 $3,031.27 Totals 150 $5.568.18 $9,012.41 $0.00 $0.00 $2,128.68 $16,809.21 BLR 05610 (Rev. 9 Illinois Department of Transportation Engineering Payment Report Prime Consultant Name SEC Group, Inc. - An HR Green Company Address 651 Prairie Pointe Drive, Yorkville, IL 60560 Telephone 630 - 553 -7560 TIN Number Project Information Local Agency United City of Yorkville Section Number 03- 00031 -00 -FP Project Number M -8003 (811) Job Number P -93- 033 -07 This form is to verify the amount paid to the Sub - consultant on the above captioned contract. Under penalty of law for perjury or falsification, the undersigned certifies that work was executed by the Sub - consultant for the amount listed below. Sub - Consultant Name TIN Number Actual Payment from Prime NONE I I 1 I 1 I 1 Sub - Consultant Total: Prime Consultant Total: Total for all Work Completed: Signature and title of Prime Consultant Date Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above. Page 7 of 7 BLR 05610 (Rev. 9/06) Printed on 10/11/2010 1:58:59 PM Illinois Department Exhibit C - Phase If Engineering Of Transportation Supplement #2 Average Hourly Project Rates Route Game Farm Road - Somonauk Street Section 03- 00031 -00 -FP County Kendall Consultant SEC Group, Inc. -An HR Green Comonay Date 05/18/10 Job No. P -93- 033 -07 Sheet 1 OF 2 PTB /Item Total Project Rates Sidewalk and Bike Trail Storm Sewer Pavement Markings Alternate Fence Details Water Main Plans Payroll Avg Hourly Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours Part W A ! Classification Rates Part. Avq Part. Avq Part. Avq Part. Avg Part. Avg Senior Project Manaqer $52.20 41 27.33% 14.27 2 25.00% 13.05 4 10.00% 5.22 1 25.00% 13.05 4 25.00% 13 Civil Engineer III $35.66 62 41.33% 14.74 4 50.00 17.83 12 30.00% 10.70 2 50.00% 17.83 2 50.00% 17.83 10 62.50% 22 Civil Engineer II $31.43 16 10.67% .3.35 16 40.00% 12.57 Engineering Technician $28.68 17 11.33% 3.25 2 2 00% 7.17 8 20.00% 5.74 1 25.00% 7.17 2 50.00% 14.34 2 12.50% 3. 5 Administrative Assistant $23.37 14 9.33 2.18 TOTALS 150 100% $37.79 4 8 100% $38.05 - 40 100% $34.22 4 100% $38.05 4 100% $32.17 16 100% $3: Rundate:10 /6/2010 8:43 AM Illinois Department Exhibit C - Phase II Engineering Of Transportation Supplement #2 Average Hourly Project Rates Route Game Farm Road - Somonauk Street Section 03- 00031 -00 -FP County Kendall Consultant SEC Group, Inc. -An HR Green Compnay Date 05118/10 Job No. P -93- 033 -07 Sheet 2 OF 2 PTB /Item Water Main Details Letting Update Estimate of Cost R Time Meetings /Coordination Administration Payroll Classification A vg Hourly Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % V Rates Part Avg Part. Avg Part. Avg_ Part. Avg Part. Avg Part. Senior Project Manager 8 33.33% 17.40 2 25.00% 13.05 4 22.22% 11.60 16 66.67% 34.80 Civil Engineer III 2 50.00% 17.83 16 66.67 ° / 23.77 6 75.00% 26.75 8 44.44% 15.85 Civil Engineer II Engineering Technician 2 50.00% 14.34 6 33.33% 7.79 8 33.33% 7.79 Administrative Assistant TOTALS 4 100% $32.17 _ 24 inn% $41.17 8 100% $39.79 18 100% $35.23 24 100% $42.59 0 0% $ Rundate:10 /6/2010 8:44 AM Exhibit E AGREEMENT for SUPPLEMENT NO.2 PREPARATION OF CONTRACT PLANS AND SPECIFICATIONS GAME FARM ROAD /SOMONAUK STREET RECONSTRUCTION FROM ILLINOIS ROUTE 47 TO U.S. ROUTE 34 Mr. Joseph Wywrot City Engineer United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Phone: (630) 553 -8545 Fax: (630) 553 -7575 I SEC Job No.: YORK - 040098.04 September 20, 2010 Mr. Joseph Wywrot United City of Yorkville Game Farm Road /Somonauk Street Supplement No. 2 Job No.: YORK- 040098.04 September 20, 2010 Page 2 of 12 I. Project Understanding A. General Background The United City of Yorkville (CLIENT) plans to improve Game Farm Road /Somonauk Street from U.S. Route 34 to Illinois Route 47. Game Farm Road /Somonauk Street is designated as Federal Aid Urban Route 1550. The proposed improvement consists of roadway reconstruction with the addition of a median /two -way left turn lane from U.S. Route 34 to Illinois Route 47. Other improvements include the addition of curb and gutter, storm sewer, sidewalks, traffic signal modernization, and replacement of various water main and sanitary sewers. The CLIENT intends to utilize federal funds for a portion of the construction of the proposed improvements. Funding for construction is programmed through the Kane/Kendall County Council of Mayors and is currently targeted for fiscal year 2011. To be eligible for federal funding, a Phase 1 study and a project report outlining the effects of the proposed improvements were completed with a design, approval date of January 2007. The original design contract was authorized on August 22, 2007 with Supplement No. 1 authorized on April 8, 2009. The next design effort needed for this project is to revise the construction documents consisting of plans, specifications, and estimates, based on the additional CLIENT comments dated March 4, 2010. The construction documents will be resubmitted to the Illinois Department of Transportation (IDOT) District Three for their review and approval as well as the letting and award of a construction contract. Land acquisition negotiations between the CLIENT and private property owners for this project are ongoing. The land acquisition process may take approximately six (6) to nine (9) months to complete. B. Design Criteria The Bureau of Local Roads and Streets Manual published by IDOT in January 2006, the Bureau of Design and Environment Manual published by IDOT in December 2002, and the CLIENT Subdivision Control Ordinance will be utilized. Mr. Joseph Wywrot United City of Yorkville Game Fann Road /Somonauk Street Supplement No. 2 Job No.: YORK- 040098.04 September 20, 2010 Page 3 of 12 II. Scope of Services A. Engineering Services 1. Revise sidewalk and bike trail located on north side of Somonauk Street east of Illinois Route 47. Included are revisions to cross sections, plan and profile, drainage plans, and quantities /costs. The enhanced design will allow better continuity of the CLIENT wide bike trail system. I Labor = eight (8) hours 2. Revise storm sewer design and plans at Somonauk Street and at the outfall near the high school. This effort will reduce construction costs by utilizing some existing pipes and reducing the ROW needed. Revise storm sewer design along nursing home frontage, from approximately Sta. 544 +00 to the U.S. Route 34 outfall. In addition, revise miscellaneous storm sewer connections and crossings as described in CLIENT letter dated March 4, 2010. Quantities /costs will also be updated. I Labor = forty (40) hours 3. Revise pavement marking plans as described in CLIENT letter dated March 4, 2010. Quantities /costs will also be updated. Labor = four (4) hours 4. Provide alternative details and special provisions for fence along the top of the retaining wall. Labor = four (4) hours 5. Revise water main pay units from feet to pounds for all fittings. Quantities /costs will also be updated. Includes ongoing Illinois Environmental Protection Agency (IEPA) coordination for permitting. Labor = sixteen (16) hours Mr. Joseph Wywrot United City of Yorkville Game Farm Road /Somonauk Street Supplement No. 2 Job No.: YORK- 040098.04 September 20, 2010 Page 4 of 12 6. Update water main details based on revision to Standard Specifications for Water and Sewer Main Construction in Illinois from 5th and 6 th editions. Labor = four (4) hours 7. Update list of Highway Standards, Coded Pay Items, Supplemental Specifications, Recurring Special Provisions, and Bureau of Design and Environment (BDE) Special Provisions based on a revised letting date of November 2010. Labor = twenty -four (24) 8. Update the final Engineer's Opinion of Probable Construction Cost and Estimate of Time. Labor = eight (8) hours B. Meetings and Coordination Two (2) people will attend the following meeting: 1. One (1) meeting with CLIENT (four (4) hours); and General coordination will also be conducted throughout the remainder of the project with the CLIENT and IDOT. This item includes, but is not limited to: letters, telephone, e-mail correspondence, and filling of information. This item also includes preparation of meeting minutes and distribution to meeting attendees. C. Administration This item includes project management and general administrative tasks associated with oversight and monthly billing for the additional services. i i Mr. Joseph Wywrot United City of Yorkville Game Farm Road /Somonauk Street Supplement No. 2 Job No.: YORK- 040098.04 September 20, 2010 Page 5 of ]2 D. Deliverables Deliverables included in this supplement are: 1. Roadway, traffic signal, and drainage plans and specifications; 2. Water main and sanitary sewer plans and specifications; I 3. Illinois Environmental Protection Agency (IEPA) Water and Sanitary Sewer Main Construction Permit Application; and 4. Updated Engineer's Opinion of Probable Construction Cost and Estimate of Time. The plans, specifications, and estimates will be revised and submitted to IDOT for review and approval. It is assumed that only one (1) submittal will be required to obtain IDOT approval. I i 'I �I i Mr. Joseph Wywrot United City of Yorkville Game Farm Road /Somonauk Street Supplement No. 2 Job No.: YORK- 040098.04 September 20, 2010 Page 6 of 12 IV. I Terms and Conditions The following erms and Conditions are incorporated into this AGREEMENT and made 9 rp apart of it. Standard of Care Services provided by COMPANY under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. Entire Agreement This Agreement, and its attachments, constitutes the entire understanding between CLIENT and COMPANY relating to professional engineering services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties to this Agreement. If the CLIENT, its officers, agents, or employees request COMPANY to perform extra work or services pursuant to this Agreement, CLIENT will pay for the additional services even though an additional written Agreement is not issued or signed. Time Limit and Commencement of Work This AGREEMENT must be executed within ninety (90) days to be accepted under the terms set forth herein. The work will be commenced immediately upon receipt of this signed Agreement. Suspension of Services If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this Agreement, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as a result of the suspension and resumption of its services, and the COMPANY'S schedule and fees for the remainder of the Project shall be equitably adjusted. If the COMPANY'S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the COMPANY may terminate this Agreement upon giving not less than five (5) calendar days' written notice to the CLIENT. If the CLIENT is in breach of this Agreement, the COMPANY may suspend performance of services upon five (5) calendar days'.notice to the CLIENT. The COMPANY shall have no liability to the CLIENT, and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT, or curing of such other breach which caused the COMPANY to suspend services, the COMPANY shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. Book of Account COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury, death, or property damage arising from the negligent performance by COMPANY's employees of the functions and services required under this Agreement. Mr. Joseph Wywrot United City of Yorkville Game Farm Road /Somonauk Street Supplement No. 2 Job No.: YORK- 040098.04 September 20, 2010 Page 7 of 12 Termination or Abandonment Either party has the option to terminate this Agreement. In the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, then the obligation to provide further services under this Agreement may be terminated upon seven days written notice. If any portion of the work is terminated or abandoned by CLIENT, the provisions of this Schedule of Fees and Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the work not terminated or abandoned. If said termination occurs prior to completion of any phase of the project, the fee for services performed during such phase shall be based on COMPANY's reasonable estimate of the portion of such phase completed prior to said termination, plus a reasonable amount to reimburse COMPANY for termination costs. Waiver COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. Severability If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. Successors and Assigns All of the terms, conditions, and provisions hereof shall inure to the benefit of and be binding upon the parties hereto, and their respective successors and assigns, provided, however, that no assignment of this, Agreement shall be made without written consent of the parties to this Agreement. 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 CLIENT or the COMPANY. The COMPANY's services under this Agreement are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against the COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this project to carry out the intent of this provision. Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Iowa without regard to any conflict of laws provisions, which may apply the laws of other jurisdictions. It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this Agreement or the performance of the services shall be brought in a court of competent jurisdiction in the State of Iowa. Dispute Resolution Mediation. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and COMPANY agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non - binding mediation unless the parties mutually agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub - consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. Arbitration. In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of the services under this Agreement, involving an amount of less than $50,000, in Mediation, then such Mr. Joseph Wywrot United City of Yorkville Game Farm Road /Somonauk Street Supplement No. 2 Job No.: YORK- 040098.04 September 20, 2010 Page 8 of 12 disputes shall be settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties, and shall proceed in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. If the parties cannot agree on a single arbitrator, then the arbitrator(s) shall be selected in accordance with the above - referenced rules. Attorney's Fees If litigation arises for purposes of collecting fees or expenses due under this Agreement, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the party justly entitled thereto. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. COMPANY shall retain these records for a period of five (5) years following completion /submission of the records, during which period they will be made available to the CLIENT at all reasonable times. Reuse of Documents All project documents including, but not limited to, plans and specifications fumished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's use or reuse of the electronic files. Failure to Abide by Design Documents or To Obtain Guidance i The CLIENT agrees that it would be unfair to hold COMPANY liable for problems that might occur should COMPANY'S plans, specifications or design intents not be followed, or for problems resulting from others' failure to obtain and /or follow COMPANY'S guidance with respect to any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing COMPANY'S plans, specifications or other instruments of service. Accordingly, the CLIENT waives any claim against COMPANY, and agrees to defend, indemnify and hold COMPANY harmless from any claim for injury or losses that results from failure to follow COMPANY'S plans, specifications or design intent, or for failure to obtain and /or follow COMPANY'S guidance with respect to any alleged errors, omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing COMPANY'S plans, specifications or other instruments of services. The CLIENT also agrees to compensate COMPANY for any time spent and expenses incurred remedying CLIENT's failures according to COMPANY'S prevailing fee schedule and expense reimbursement policy. Opinion of Probable Construction Cost COMPANY shall submit to the CLIENT an opinion of probable cost required to construct work recommended, designed, or specified by COMPANY, if required by CLIENT. COMPANY is not a construction cost estimator or construction contractor, nor should COMPANY'S rendering an opinion of probable construction, costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. This requires COMPANY to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the contractor will employ; contractor's techniques in determining prices and market conditions at the time, and other factors over which COMPANY has no control. Given the assumptions which must be made, COMPANY cannot guarantee the accuracy of his or her opinions of cost, and in recognition of that fact, the CLIENT Mr. Joseph Wywrot United City of Yorkville Game Farm Road /Somonauk Street Supplement No. 2 Job No.: YORK- 040098.04 September 20, 2010 Page 9 of 12 waives any claim against COMPANY relative to the accuracy of COMPANY'S opinion of probable construction cost. Design Information in Electronic Form Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, COMPANY reserves the right to remove itself from of its ownership and /or involvement in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Furthermore, the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages, losses, expenses, and attorney's fees arising out of the modification or reuse of these materials. The CLIENT recognizes that designs, plans, and data stored on electronic media including, but not limited to computer disk, magnetic tape, or files transferred via email, may be subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT, therefore, agrees that COMPANY shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30 - day inspection period, during which time COMPANY shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications. After 40 days, at the request of the CLIENT, COMPANY shall submit a final set of sealed drawings, and any additional services to be performed by COMPANY relative to the submitted electronic materials shall be subject to separate AGREEMENT. The CLIENT is aware that differences may exist between the electronic files delivered and the printed hard -copy construction documents. In the event of a conflict between the signed construction documents prepared by the COMPANY and electronic files, the signed or sealed hard -copy construction documents shall govern. Information Provided by Others The CLIENT shall furnish, at the CLIENT's expense, all information, requirements, reports, data, surveys and instructions required by this AGREEMENT. The COMPANY may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. The COMPANY shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the CLIENT and /or the CLIENT's consultants and contractors. COMPANY is not responsible for accuracy of any plans, surveys or information of any type including electronic media prepared by any other consultants, etc. provided to COMPANY for use in preparation of plans. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY from any damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, arising out of or connected in any way with the services performed by other consultants engaged by the CLIENT. COMPANY is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this contract unless indicated in the Scope of Work. Force Majeure The CLIENT agrees that the COMPANY is not responsible for damages arising directly or indirectly from any delays for causes beyond the COMPANY's control. CLIENT agrees to defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless from any and all liability, other than that caused by the negligent acts, errors, or omissions of COMPANY, arising out of or resulting from the same. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters or acts of God; fires, riots, war or other emergencies; failure of any government agency to act in timely manner; failure of performance by the CLIENT or the CLIENT'S contractors or consultants; or discovery of any hazardous substances or differing site conditions. Severe weather disruptions include but are not limited to extensive rain, high winds, snow greater than two (2) inches and ice. In addition, if the delays resulting from any such causes increase the cost or time required by the Mr. Joseph Wywrot United City of Yorkville Game Farm Road/Somonauk Street Supplement No. 2 Job No.: YORK- 040098.04 September 20, 2010 Page 10 of 12 COMPANY to perform its services in an orderly and efficient manner, the COMPANY shall be entitled to a reasonable adjustment in schedule and compensation. Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the General Contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY'S consultants shall be indemnified and shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non - contributory basis. Hazardous Materials CLIENT hereby understands and agrees that COMPANY has not created nor contributed to the creation or existence of any or all types of hazardous or toxic wastes, materials, chemical compounds, or substances, or any other type of environmental hazard or pollution, whether latent or patent, at CLIENT's premises, or in connection with or related to this project with respect to which COMPANY has been retained to provide professional engineering services. The compensation to be paid COMPANY for said professional engineering services is in no way commensurate with, and has not been calculated with reference to, the potential risk of injury or loss which may be caused by the exposure of persons or property to such substances or conditions., Therefore, to the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold COMPANY, its officers, directors, employees, and consultants, harmless from and against any and all claims, damages, and expenses, whether direct, indirect, or consequential, including, but not limited to, attorney fees and Court costs, arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acid, alkalies, toxic chemicals, liquids gases, or any other materials, irritants, contaminants, or pollutants in or into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or watercourses, objects, or any tangible or intangible matter, whether sudden or not. It is acknowledged by both parties that COMPANY'S scope of.services does not include any services related to asbestos or hazardous or toxic materials. In the event COMPANY or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of COMPANY'S services, COMPANY may, at its option and without liability for consequential or any other damages, suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s) or contractor(s) to identify, abate and /or remove the asbestos or hazardous or toxic materials, and warrants that the job site is in full compliance with applicable laws and regulations. Nothing contained within this Agreement shall be construed or interpreted as requiring COMPANY to assume the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act, 42 U.S,C.A., §6901 et seq., as amended, or within any State statute governing the generation, treatment, storage, and disposal of waste. Certificate of Merit The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. This certification shall: a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a Design Professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to COMPANY not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any judicial proceeding. Mr. Joseph Wywrot United City of Yorkville Game Farm Road /Somonauk Street Supplement No. 2 Job No.: YORK- 040098.04 September 20, 2010 Page 11 of 12 Limitation of Liability The CLIENT agrees, to the fullest extent permitted by law, to limit the liability of COMPANY and COMPANY's officers, directors, partners, employees, shareholders, owners and subconsultants to the CLIENT for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of COMPANY and its officers, directors, partners, employees, shareholders, owners and subconsultants to all those named shall not exceed COMPANY'S total fee received for services rendered on this project or $50,000.00, whichever is less. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. Drywells, Underdrains and Other Infiltration Devices Services provided by COMPANY under this AGREEMENT do NOT include the geotechnical design of drywells, underdrains, injection wells or any other item that may be devised for the purpose of removing water from the CLIENT'S property by infiltration into the ground. Due to the high variability of soil types and conditions such devices will not be reliable in all cases. While for this reason COMPANY does not recommend the use of these devices, in some cases their use may be necessary to obtain an adequate amount of area for development on the CLIENT'S property. Since the use of these devices is intended to enhance the value of the CLIENT'S property and, in some cases, allow development that would otherwise not be possible, the CLIENT will assume all risks inherent in the design and construction of these devices, unless the contractor or a Geotechnical Engineer assumes these risks. Typical risks include but are not limited to: • Failure to obtain the required release rate; • Variability of the soils encountered during construction from those encountered in soil borings. (Soils can vary widely over a small change in location, horizontal or vertical, particularly with regards to permeability); • Failure of the device due to siltation, poor construction or changes in the water table; • Need to obtain additional soils information (i.e. borings etc.) to evaluate the function of installed devices; • Reconstruction of failed or inadequate devices; • Enlargement of detention/ retention facilities to make up for release rates that are lower than those used in the stormwater design, including engineering design and additional land required for such enlargement; and • Regular maintenance to remove accumulated silt over the device's life span. If the use of these devices is required COMPANY will advise the CLIENT that a Geotechnical Engineer must be retained to consult on the project. The CLIENT must enter into a separate agreement directly with this consultant. They will not be sub - contracted through COMPANY nor are their fees included as part of this AGREEMENT. COMPANY will work together with this consultant to obtain a final design. Our collaboration may include the use of a common standard detail or the creation of a new standard detail. COMPANY may make suggestions to the Geotechnical Engineer on ways to tailor these devices to meet the needs of the overall site design. The Geotechnical Engineer.will evaluate these suggested details and modifications based on his experience and measured soils information to estimate the release rate for each detail considered. COMPANY may use a release rate of these devices as provided by the Geotechnical Engineer for the design of the stormwater system. This rate may be faxed to us, as a draft copy of the Geotechnical Engineers report or as a final copy of that report. In no case will COMPANY accept responsibility for the determination of the expected release rate of these devices. If certification of the contractor's construction of these devices is required by the municipality or desired by the CLIENT a Geotechnical Engineer must also be obtained for these services. This is highly recommended in order to observe the actual soils where the devices are being constructed and to verify that the construction methods used do not violate any assumptions made by the Geotechnical Engineer during the design and evaluation of the standard detail. If a Geotechnical Engineer is not retained by the CLIENT to provide construction review, the CLIENT shall assume all risks that the devices may. fail requiring additional geotechnical investigation or reconstruction and shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom. Any construction observation services provided by COMPANY shall not include these devices. Mr. Joseph Wywrot United City of Yorkville Game Farm Road/Somonauk Street Supplement No. 2 Job No.: YORK- 040098.04 September 20, 2010 Page 12 of 12 Design Without Construction Observation It is agreed that the professional services of COMPANY do not extend to or include the review or site observation of the contractor's work or performance and the CLIENT assumes all responsibility for interpretation of the contract documents and for construction observation. It is further agreed that the CLIENT will defend, indemnify and hold harmless COMPANY from any claim or suit whatsoever, including but not limited to all payments, expenses or costs involved, arising from the contractor's performance or the failure of the contractor's work to conform to the design intent and the contract documents. COMPANY agrees to be responsible for its employees negligent acts, errors or omissions. If the CLIENT desires more extensive project observation or full -time project representation, the CLIENT shall request in writing such services be provided by COMPANY as Additional Services in accordance with the terms of the Agreement. This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the AGREEMENT. Work cannot begin until COMPANY receives a signed agreement. The effective date of the AGREEMENT shall be the last date entered below. Sincerely, SEC GROUP, INC. AN HR GREEN COMPANY Glenn Tredinnick, P.E. Technical Advisor Approved by: �- -' Printed /Typed Name: Peter Huinker, PE. Title: Site Manal;er Date: CLIENT NAME Accepted by: Printed /Typed Name: Valerie Burd Title: Ma Date: \\ - kgyvnas\Data\ 040098.04\ administration \supplements \Supplement#2 \pro- 092010 - Supplement #2 Revised.docx i C/T O Reviewed By: Agenda Item Number J -n Legal ❑ CA # 4 1836 EST 1836 El Engineer ■ Tracking Number - C ®� _(a City Administrator ■ O� tea, �O Consultant ❑ K PW 2010 -73 4k E e l County ` Agenda Item Summary Memo Title: Cozy Corner Subdivision — Final Acceptance and Bond /LOC Reduction Meeting and Date: City Council 11/23/10 Synopsis: Recommend final approval /acceptance of the Cozy Corner subdivision, and reductions to the corresponding bond and letter of credit. Council Action Previously Taken: Date of Action: PW 11/16/10 Action Taken: Consensus of PW Committee for this item to be on the 11/23/10 CC consent agenda Item Number: PW 2010 -73 for approval. Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: II Cop 0 Memorandum ESL � 1836 To: Bart Olson, City Administrat r \ From: Joe Wywrot, City Engineer 1--� CC: Lisa Pickering, Deputy City 1 rk Date: September 17, 2010 Subject: Cozy Corner Subdivision — Final Acceptance & Bond/ Letter of Credit Reduction The punchlist for the Cozy Corner development is complete. This development is located at the southeast corner of Route 47 and Route 126, and consists of a multi -tenant commercial building and one outlot developed with a bank building. We have also received the Bill of Sale for watermain and public sidewalk. Corresponding to final acceptance is a reduction to the existing bond and letter of credit. I recommend that Developers Surety & Indemnity Company Bond #7183975 be reduced by the amount of $36,842.52. The remaining bond amount would be $9450.98. I also recommend that Old Second Bank Letter of Credit #305000082 be reduced by the amount of $30,625.88. The remaining LOC amount would be $92,711.35. Please refer to the attachments for details. Both the bond and LOC would remain in effect through the end of the one -year warranty period. I recommend that the land improvements for the Cozy Corner subdivision be approved, that the public improvements of watermain and sidewalk be accepted by the city for ownership and maintenance, and that the corresponding bond and letter of credit reduction mentioned above be approved. Please place this item on the October 19, 2010 Public Works Committee agenda for consideration. City of Yorkville 17- Sep -10 Letter of Credit/Bond Reduction Subdivision: Cozy ComerSubdjvision Sitework Date of last bond /LOC adjustment: Dec -06 Reduction No. 2 :_ ENR -CC Index for date of last adjustment: 7888 Bond /LOC No. Old °Second= Bank�LOC 430600006 : Current ENR -CC Index: 8857 -- - - LOC /Bond Approved Original amount LOC /Bond Amt. Amount complete prior Amount of Amount to remain Item Eng. Est. for LOC /Bond _Prior to d _ Re_ uction No.2 to Reduction No.2 Reduction No.2 after Red. No.2 Earthwork $9,750.00 $10,725.00,, ..�. =''rc -�. � : : - $'1;462.50 $9,750.00 - $727.05 $2,189.55 San. Sewer $9,264.00 $10,190.40. ;,:= $1;389:60 $9,264.00 - $690.81 $2,080.41 Watermain $107,317.00 $ 118, 048.70 !r; :';$16,097.55, $107,317.00 - $8,002.52 $24,100.07 Storm Sewer $94,165.00 $ 103, 581.50= ::$14;12415 $94,165.00 - $7,021.79 $21,146.54 Pavement $212,244.45 $233,468.90 54-140. $54;140.63 $212,244.45 $6,477.11 $47,663.52 Roadwork ROW $26,158.50 4. 35 -i° '. . ; _: ,;,$3,924:25 $26,158.50 - $1,950.14 $5,874.39 $28, 77 Landscaping $74,675.50 $82,143.05 °,_ _- $82;143:05 $74,675.50 $65,373.25 $16,769.80 Miscellaneous $37,835.00 $41.618.50 `;. $22.506.88 $37,835.00 $14.010.31 $8.496.57 Sub -total $571,409.45 $628,550.40 $195,789.21 $571,409.45 $67,468.38 $128,320.83 Minus Earthwork $42,085.00 $46,293.50 $36,842.52 $9,450.98 existing bond amt. Minus IDOT ROW $26.158.50 $26.158.50 $ $26.158.50 existing bond amt. Total $503,165.95 $123,337.21 $30,625.86 $92,711.35 required bond /LOC Notes: a) LOC /Bond amt. to be 20% of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOC /Bond reduced to 10% at final acceptance. c) LOC /Bond amt. to remain is updated based on Engineering News Record - Construction Cost Index d) Manual input required for cells highlighted in yellow. City of Yorkville 17- Sep -10 Letter of Credit/Bond Reduction Subdivision: Cozy ,o- ner-Subdivision - Earthwork . Date of original bond /LOC: Dec -06 Reduction No. ENR -CC Index for date of original bond /LOC: 7888 Bond /LOC No. Developer'soSurety & Indemnity Co Band #718397S, Current ENR -CC Index: 8857 LOC /Bond Approved Original amount Amount complete prior Amount of Amount to remain Item Eng. Est. for LOC /Bond _to_ R_ educ_tion No.1 Reduction No.1 after Red. No.1 Earthwork y $9;750:00. $10,725.00: $9,750.00 $8,535.45 $2,189.55 Erosion Control $7,335:00 $8,068.50 $7,335.00 $6,421.29 $1,647.21 Environmental Protection $25.000.00 $27.500.00 - , $25:000.00 $21.885.78 $5.614.22 Totals $42,085.00 $46,293.50 $42,085.00 $36,842.52 $9,450.98 Notes: a) LOC /Bond amt. to be 20% of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOC /Bond reduced to 10% at final acceptance. c) LOC /Bond amt. to remain is updated based on Engineering News Record - Construction Cost Index d) Manual input required for cells highlighted in yellow. ♦ ,�QD C /).� Reviewed By: Agenda Item Number J� 0 -n Legal ❑ CA #5 EST. 1836 Finance ❑ 1 Engineer ■ Tracking Number -4 n City Administrator ■ Onst. 20 Consultant ❑ PW 2010 -78 <kE `�♦' Agenda Item Summary Memo Title: Temporary Easement — 102 E. Washington Street Meeting and Date: City Council 11/23/10 Synopsis: This easement allows for the relocation of the water and sanitary services for 102 E. Washington Street. Council Action Previously Taken: i Date of Action: PW 11/16/10 Action Taken: Consensus of PW Committee for this item to be on the 11/23/10 CC consent agenda Item Number: PW 2010 -78 for approval. Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: i 0 -16 Memorandum EST. , L_ 1836 To: Bart Olson, City Administrat 4 �� From: Joe Wywrot, City Engineer AA- 0 9 I p' CC: Lisa Pickering, Deputy City Cl k 2 SCE Date: November 2, 2010 Subject: Temporary Easement —102 E. Washington Street Attached find a proposed temporary easement for the property at 102 E. Washington Street, which is at located at the southeast corner of Route 47 and Washington Street. This proposed easement will allow us to relocate the water and sanitary services for this building when IDOT widens Route 47. The existing services to this property are currently located relatively close and parallel to Route 47. When IDOT widens Route 47 in the near future, I would like to move these services so they will not be located beneath the northbound lanes of the highway. The property owner has agreed to grant the easement at no cost to the city. I recommend that this easement agreement be approved and recorded. Please place this item on the November 16, 2010 Public Works Committee agenda for consideration. STATE OF ILLINOIS ) COUNTY OF KENDALL ) GRANT OF TEMPORARY EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT the Grantors: Kristofor Lee Dahl and Heidi Jo Dahl, in consideration of the sum of one dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged do hereby grant, bargain, sell and convey to the UNITED CITY OF YORKVILLE, a Municipal Corporation, its successors, and assigns, hereinafter referred to as Grantee, in consideration of the covenants to be kept and performed by the Grantee herein, a temporary easement to construct water service and a sanitary service sewer if any are actually as installed in, upon, and across the tract of land described as follows, to -wit: TEMPORARY EASEMENT See Exhibit A. Said grant of easement is made under the additional following terms and conditions: The Grantor hereby grants the right of ingress and egress to said temporary easement to Grantee. The Grantee herein shall and hereby agrees to: 1. Restore the surface of said temporary easement with grass. The surface of such easement shall be left uniform and free of all debris, rocks in excess of one inch (1 "), and gravel, and providing a covering of a minimum of four inches (4 ") of clean, black, fertile top soil. 2. Re -pave the existing driveway, and replace any driveway culverts or fences as necessary. 3. Replace all lot line and property line stakes moved or disrupted in the course of performing working connection with the purpose of which the easement herein is granted. 4. Said temporary easement shall be treated as a covenant running with the land until such time that said easement shall expire. 5. Said temporary easement shall be binding upon the successors, heirs, and assigns of each party hereto. Said easement shall expire upon construction of the water service and sanitary service sewer and related restoration work. IN WITNESS WHEREOF, the Grantors and Grantee have hereunto set their hands and seal this oZ day of IUcuc._ � ' 2010. Mayor, City of Yorkville SsTo �T Lee Dahl City Clerk Heidi Jo Da`I'il STATE OF ILLINOIS ) COUNTY OF KENDALL ) KRISTOFOR LEE DAHL and HEIDI JO DAHL allege and state that they have read the foregoing Grant of Temporary Easement Agreement by them subscribed, that they have knowledge of the facts and contents contained therein, and that the facts as alleged therein are true in substance and in fact. I6i "stofor Le4ahl _.Ah . r7�xi Heidi Jo ahl �' Subscribed and sworn to before me, )OO�w�� - .2010. ` I Notary ub 'c OFFICIAL SEAL Prepared by and return to: ISIM rE J. BEVANS Kathleen Field Orr Public - �° ci 11°"01 My �Vlrss M 24, 2014 800 Game Farm Road Yorkville, Illinois 60560 (630) 553 -4350 Exhibit A Plat of Temporary Easement Part of the Southeast Quarter of Section 32 -37 -7 Yorkville, Kendall County, Illinois Wa shington -- ' gton Street LEGAL DESCRIPTION OF TEMPORARY EASEMENT I i I THE NORTHWEST CORNER OF LAND EXTENDING 1 I I EASTERLY 25 FEET AND SOUTHERLY 25 FEET FROM 25 I THE NORTHWEST CORNER OF THE FOLLOWING DESCRIBED PARCEL A: LOT 6 OF MASON'S ADDITION I TO THE VILLAGE OF YORKVILLE, ACCORDING TO THE rl I PLAT THEREOF RECORDED IN THE RECORDER'S OFFICE I OF KENDALL COUNTY, ILLINOIS, IN THE PLAT BOOK 4, PAGE 76, IN THE VILLAGE OF YORKVILLE, KENDALL 0 / I COUNTY, ILLINOIS, ALSO THAT PART OF THE / SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 37 / PARCEL A I NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A i J POINT ON THE SOUTH LINE OF WASHINGTON STREET / � I I AND THE NORTHEAST CORNER OF LOT 1 OF BLOCK 5 IN THE VILLAGE OF YORKVILLE; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID WASHINGTON STREET -� / I 74Y2 FEET; THENCE SOUTHERLY AT RIGHT ANGLES WITH / O SAID STREET 132 FEET; THENCE WESTERLY TO THE 0 SOUTHEAST CORNER OF LOT 2 IN BLOCK 5 AFORESAID; THENCE NORTHERLY ALONG THE EAST LINE OF SAID y BLOCK 5 TO THE SOUTH LINE OF WASHINGTON STREET / p - — __- _ -_____ _— 4 AND THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART THEREOF DEDICATED TO THE PEOPLE OF THE STATE OF ILLINOIS BY DEDICATION DATED AUGUST 30, 1928 AND RECORDED IN THE RECORDER'S OFFICE OF KENDALL COUNTY, ILLINOIS IN BOOK 77, PAGE 447; ALSO EXCEPTING THEREFROM A STRIP OF LAND 5 FEET IN WIDTH OFF OF THE EAST SIDE OF LOT 6 BLOCK 6, EXTENDING TEH ENTIRE LENGTH OF SAID LOT 6, AS PER DEED FROM MRS. RAE HARRIS JETTER TO CLARENCE W. BEECHER, DATED MAY 16, 1950 AND RECORDED MARCH 17, 1953 IN BOOK 110 OF DEEDS, PAGE 425) KENDALL COUNTY, ILLINOIS. TEMPORARY EASEMENT (0.01435 ACRE) SCALE 1" = 40 I 102 E WASHINGTON STREET "6611 TEMPORARY EASEMENT 40 20 0 40 I DRN, BY: JCD I UNITED CITY OF YORKVILLE SHEET N0, 1 DATE: 8/12/10 REV: 8/13/10 1 SCALE: 1' = 40'l 1 of 1 i C/ p y Reviewed By: Agenda Item Number 0 Legal ❑ CA #6 1836 Finance El EST. , � _ Engineer ■ Tracking Number 0 � L n City Administrator ■ Consultant ❑❑ PW 2010 -79 SCE �V Agenda Item Summary Memo Title: 802 S. Bridge Street — Bond Expiration Meeting and Date: City Council 11/23/10 Synopsis: Recommend that the City Clerk call the pavement restoration bond for this property if a replacement bond is not received by December 10, 2010. Council Action Previously Taken: Date of Action: PW 11/16/10 Action Taken: Consensus of PW Committee for this item to be on the 11/23/10 CC consent agenda Item Number: PW 2010 -79 for approval. Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Cdr y Memorandum EST. , 1836 To: Bart Olson, City Administrat r e _ y From: Joe Wywrot, City Engineer p CC. Lisa Pickering, Deputy City rk Kathy Orr, City Attorney Date: November 9, 2010 Subject: 802 S. Bridge Street — Bond Expiration Attached find a bond expiration notice from Old Republic Surety Company regarding a pavement restoration bond for the property at 802 S. Bridge Street. This property is at the southeast corner of Rt.47 and Orange Street, and is the location of a former Marathon gas station. This property is the subject of a Leaking Underground Storage Tank (LUST) remediation project through the Illinois EPA, but the original remediation contractor (United Science Industries) filed for bankruptcy last fall. Contaminated soils were removed in March 2009, but the project was not closed out by the Illinois EPA prior to the bankruptcy. More excavation may be necessary, and the pavement has not been restored. The completion of the project has been awarded by the IEPA to Chase Environmental Group, Inc. of Centralia, Illinois. I have spoken to Chase and they intend to provide their own bond. If they do not, however, the property would remain with a gravel surface for an extended period of time and we would have no way of requiring restoration. Therefore, I recommend that the City Council authorize the City Clerk to call Old Republic Surety Company Bond #RLI0627158 for the full amount of $10,000 if a replacement bond is not received by December 10, 2010. Please place this item on the Public Works Committee agenda of November 16, 2010 for consideration. I I I i ** ** * * OLD REPUBLIC SURETY COMPANY 445 South Moorland Road, Suite 200, Brookfield, WI 53005 P.O. Box 1635, Milwaukee, WI 53201 Phone: (262) 797 -2640 / Fax: (262) 797 -9495 www.orsurety.com RLI0627158 OLD REPUBLIC SURETY COMPANY CANCELLATION NOTICE CITY OF YORKVILLE 800 GAME FARM RD YORKVILLE, IL 60560 DATE OF CANCELLATION 1/07/2011 WE, THE ABOVE NAMED SURETY, BOND NUMBER: RLI0627158 ARE TERMINATING OUR LIABILITY DESCRIPTION: EXCAVATION CONTRACTO UNDER THE ABOVE REFERENCED BOND AMOUNT: 10,000 BOND AS OF THE ABOVE EFFECTIVE DATE. PRODUCER i THE INSURANCE STORE REGIONAL AGENCY, INC. 102 N. 9TH STREET j MT. VERNON, IL 62864 CANCEL DUE TO NON - PAYMENT OF PREMIUM BY I ATTORNEY IN FACT PRINCIPAL PROCESSED 8/19/2010 UNITED SCIENCE INDUSTRIES PO BOX 589 MT. VERNON, IL 62864 I i C /T Reviewed By: Agenda Item Number J� 0 .0 Legal ❑ CA #7 Finance El EST. , � _ 1836 Engineer ■ Tracking Number L y City Administrator ■ �f O Consultant E] PW 2010 -80 L AE El Agenda Item Summary Memo Title: Prairie Meadows — Warranty Bond Release i City Meeting and Date: Y Council — 11/23/10 Synopsis: The 1 -year warranty period officially expires on December 22, 2010. The warranty punchlist has been completed. Recommend release of the warranty bond. Council Action Previously Taken: Date of Action: PW 11/16/10 Action Taken: Consensus of PW Committee for this item to be on the 11/23/10 CC consent agenda Item Number: PW 2010 -80 for approval. I Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: t Memorandum EST. , 1836 To: Bart Olson, City Administra or 4 a From: Joe Wywrot, City Engineer . p CC: Lisa Pickering, Deputy City rk � Date: November 10, 2010 Subject: Prairie Meadows — Warranty Bond Release The land improvements for Prairie Meadows were approved /accepted by the City Council on December 22, 2009. We inspected the site this past summer and generated a warranty punchlist. The developer has completed the warranty punchlist, and has requested that the warranty bond be released. American Casualty Company Bond No. 929306354 in the amount of $659,680.07 is serving as the warranty bond. Since the warranty punchlist has been completed, I recommend that this bond be released. One issue to consider is whether the bond should be released at this time, or not until December 22 °d Please place this item on the November 16, 2010 Public Works Committee agenda for consideration. i I i I I C/T y Reviewed By: Agenda Item Number Legal ❑ CA #8 EST. 1836 Finance ❑ Engineer ■ -� -�. Tracking Number L City Administrator ■ SW O Consultant ❑ ` 2 PW 2010 - 81 4-E `��, ❑ Agenda Item Summary Memo Title: Route 47 Project — Proposed Detour Route Meeting and Date: City Council 11/23/10 Synopsis: IDOT is proposing to use Countryside Parkway (Rt.34 to Rt.47) as a detour route during a portion of the Route 47 reconstruction project. I i Council Action Previously Taken: i Date of Action: PW 11/16/10 Action Taken: Consensus of PW Committee for this item to be on the 11/23/10 CC consent agenda Item Number: PW 2010 -81 for approval. Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: cir Memorandum r EST. , 1836 To: Bart Olson, City Administr or O y From: Joe Wywrot, City Engineer ¢ p CC: Lisa Pickering, Deputy City erk tea '� Eric Dhuse, Director of Public Works <LE ��• Date: November 10, 2010 Subject: Route 47 Project — Proposed Detour Route Attached find a letter from IDOT proposing to use Countryside Parkway between Route 34 and Route 47 as a detour route during a portion their Route 47 reconstruction project. The detour route would be in effect during Stages 5 -8 of the project. These stages occur late in the 3 -year project schedule when widening of Route 47 south of Landmark is basically complete. The detour using Route 71 and Route 34 to avoid the construction zone would not be in use at that time, reducing the number of vehicles that would need to use the Countryside Parkway detour. Allowing this detour would reduce the overall construction schedule for the Route 47 project by an estimated two months. IDOT is also proposing to document the condition of Countryside Parkway and make repairs if necessary. Countryside Parkway is a concrete roadway that was constructed in 2002, and was designed to handle higher volumes of heavier traffic. Therefore I recommend that we accept IDOT's proposal to incorporate Countryside Parkway into the detour plan for their Route 47 project. I Please place this item on the November 16, 2010 Public Works Committee agenda for consideration. Illinois Department of Transportation Division of Highways / Region 2 / District 3 700 East Norris Drive / Ottawa, Illinois / 61350 -1628 Telephone 815/434 -6131 November 5, 2010 Mr. Joe Wywrot City of Yorkville 800 Game Farm Road Yorkville, IL 60560 FAP Route 326 (IL 47) Section (5CS,13C,108,109)R Kendall County Contract No. 66671 File No. 717 -214 Dear Mr. Wywrot: We are nearing completion of our final plans for reconstruction of IL 47 from south of IL 71 to Kennedy Drive which is tentatively scheduled for a November, 2011 letting subject to project readiness and funding availability. As part of our Traffic Management Plan, we have proposed a truck route detour along IL 71 to US 34 and then back to IL 47 (see attached detour map). The proposed truck detour should greatly enhance the flow of passenger traffic through the construction zone by reducing congestion and user delay. j During review of the second pre -final plans, we discovered that semi - trucks will not be able to make the right -hand turn from westbound US 34 onto IL 47 heading north in stages 6 and 7 as depicted on attached sheets 316 -329. The Department is requesting to sign a truck detour utilizing Countryside Parkway between US 34 and IL 47 during reconstruction of the US 34 intersection. Diverting the truck traffic from Illinois 47 will minimize the number of stages and reduce the time of construction (potentially save approximately two months construction time). The contractor would only be allowed to sign the truck route detour during reconstruction of the US 34 intersection and be required to remove the truck route detour on East Countryside Parkway as soon as the US 34 intersection reconstruction is completed. The estimated time the signed truck detour would be in effect would be approximately one year (assumed maximum). Mr. Joe Wywrot Page 2 November 5, 2010 If the City agrees to the signed truck detour along East Countryside Parkway as described above, then details would be included in a signed City -State agreement which will be prepared as we get closer to the letting date. One of the stipulations of the formal agreement will be to inspect and video tape the roadway before and after the detour. Any damage to the roadway caused by trucks utilizing the detour would be repaired to the satisfaction of the City as part of this agreement. Please provide a written response at your earliest convenience so we can proceed with our final design plans. If you have any questions, please contact Studies & Plans Project Engineer, Craig Reed at 815 - 434 -8420. Sincerely, George F. Ryan, P.E. Deputy Director of Highways Region Two Engineer I By: Dave Broviak, P.E. District Studies & Plans Engineer CRAMS &P /Corr /cr 11 -5 -10 Yorkville Letter 66671 I it _ C�aqm IaT�L SxEET L — ` us em "ox couxrr s ... xo. LJ $ "� mMtt I esl Inuxou lrm No moat* s m � � o � A O Z , ¢ Z O 2 W CARP N ER ST. �'Pi NAY f ND C( �9 G a � o C CMENARD p J ~ C $ NB 47 TRUCK ROUTE COUNTRYSIDE PKWY. \ COUNTRYSIDE PARKWAY 'p 9� EB 34 �G� '1 4 TRUCK ROUTE ��G �� 9��< F o� A 57 < / y �G w F E 34 VET'NNNg PKWY A N ll 5 N Y X4 0 Av, ROUTE 34 - I Ei — �TRF y N g � bl w y T�h Q 9 3 A R 490 g m LL 6 — PI Geci� OR IVF O �'p C�/ LLd ' HUM, MEBENBE M & GENDE, INC., IM LAKE ED, P.O. BOX 70, CASLYL%MUNOIE S= (018}501 - - WWW— GENGINEEEE.COM I CIr Reviewed By: Agenda Item Number J= t - Legal ❑ CA #9 Finance ❑ EST. � 1836 .�� Engineer ■ Tracking Number L �� City Administrator ■ = O Consultant El ` PW 2010 - SCE `��, ❑ i Agenda Item Summary Memo Title: Raintree Village Units 2 & 3 — Warranty Bond Release Meeting and Date: City Council 11/23/10 Synopsis: The warranty period for these two units expires on 11/23/10. The developer has completed the warranty punchlists. Recommend release of the warranty bonds. Council Action Previously Taken: Date of Action: PW 11/16/10 Action Taken: Consensus of PW Committee for this item to be on the 11/23/10 CC consent agenda Item Number: PW 2010 -84 for approval. Type of Vote Required: Majority Council Action Requested: Approval i Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: .D C /r�O Memorandum EST. =— 1836 To: Bart Olson, City Administrat O y From: Joe Wywrot, City Engineer ;P . r p CC: Lisa Pickering, Deputy City rk <kE `Vv Date: November 12, 2010 Subject: Raintree Village Units 2 & 3 – Warranty Bond Release The one -year warranty periods for Raintree Village Units 2 & 3 expire on November 23, 2010. We inspected the site this past summer and generated warranty punchlists, which generally consisted of replacing landscaping that had died. The developer has completed the warranty punchlists, and has requested that the warranty bonds be released. Bond Safeguard Company Bond Nos. 5035418 (in the amount of $152,905.79) and 5035419 (in the amount of $99,047.98) are serving as the warranty bonds for Units 2 and 3, respectively. Since the warranty punchlist has been completed, I recommend that these bonds be released. Please place this item on the November 16, 2010 Public Works Committee agenda for consideration. �D Co. Reviewed B : Agenda Item Number y Y Legal ❑ CA #10 Finance El EST. , � � 1836 Engineer ■ Tracking Number City Administrator ■ O Consultant El K dd `= PW 2010 -65 SCE ❑ Agenda Item Summary Memo Title: Fountain Village — Sitework LOC Reduction No. l j Meeting and Date: City Council— 11/23/10 Synopsis: Recommend a reduction to the sitework letter of credit in the amount of $665,377.90. The remaining LOC amount would be $414,538.10. I Council Action Previously Taken: Date of Action: PW 11/16/10_ Action Taken: Consensus of PW Committee for this item to be on the 11/23/10 CC consent agenda Item Number: PW 2010 -65 for approval. Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: At the City Council meeting held on 9/28/10, the City Council sent this item back to the Public Works Committee for further review. CAP Memorandum EST. , =� _ 1836 To: Bart Olson, City Administr r O y From: Joe Wywrot, City Engineer � p CC: Lisa Pickering, Deputy City Cl rk <CE y Date: September 15, 2010 Subject: Fountain Village — Sitework LOC Reduction No.l Standard Bank & Trust LOC No. 11953 Attached find a request from the developer's consulting engineering for a reduction to the sitework letter of credit for the Fountain Village development, which is located on the west side of Route 47, just north of Route 71. I have reviewed the amount of work completed to date and recommend a reduction to Standard Bank & Trust Company Letter of Credit No. 11953 in the amount of $665,377.90. The remaining amount of the letter of credit would be $414,538.10. Please refer to the attachment for details. This remaining amount also covers an additional 130 pine trees to be located along the western edge of the development as a buffer for the adjacent residential area. This additional landscaping was negotiated with the developer after the original letter of credit was established. Since the initial amount of this letter of credit is in excess if $1,000,000, Resolution 2009 -40 requires that this reduction be approved by the City Council. Please place this item on the September 21, 2010 Public Works Committee agenda for consideration. i I i I SEC Group, Inc. An HR Green Company September 15, 2010 Mr. Joseph Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 RE: Fountain Village — Letter of Credit Reduction SEC Job No.: 050737 -3 Dear Mr. Wywrot: On behalf of Crestlake Holdings LLC, we request the United City of Yorkville.to reduce the letter of credit for the public improvements. It is my understanding that many of the punch list items were completed as well. We respectfully request you review this request as soon as you are able, since the developer has a bond expiring soon. I have attached a spreadsheet of the request as well as a copy of the Record Drawings for your reference. If you have any questions or require any additional information, please call. I may be reached at (630) 553 -7560. Sincerely, SEC Group, Inc., an HR Green Company -7 Peter J. Huinker, P.E., LEED A.P. Site Manager PJH /jmk Enclosure \\HRGYVNAS \SEC \YorkDatal\Jobs \Smith\2005 \050737 Route 47 & 71 Commercial \Correspondence \letters \050737- 3- LOC- REDUC- 091510. doe progress. innovation. expertise. 651 Prairie Pointe Drive, Suite 201 1 Yorkville, IL 60560 Phone: 630.553.7560 1 Fax: 630.553.7646 1 www.secgroupinc.com City of Yorkville 15- Sep -10 Letter of Credit/Bond Reduction Subdivision: Fountain_ Village Date of original bond /LOC: Jul -06 Reduction No. 1 ENR -CC Index for date of original bond /LOC: 7721 Bond /LOC No. Standard Bank & Trust LOC #11953 Current ENR -CC Index: 8857 LOC /Bond Approved Original amount Amount complete prior Amount of Amount to remain Item Ena. Est. for LOC /Bond to Reduction No.1 Reduction No.1 after Red. No.1 Earthwork $197,761.80 $217,537.98 $177,985.62 $151,748.95 $65,789.03 Erosion Control $36,380.00 $40,018.00 $18 $12,891.79 $27,126.21 San. Sewer $27,870.00 $30,657.00 $26,476.50 $22,824.22 $7,832.78 Watermain $66,878:00 $73,565.80 $63,534.10 $54,769.93 $18,795.87 Storm Sewer $162,690.00 $178,959.00 $146,421.00 $124,837.24 $54,121.76 Pavement $305,487.00 $336,035.70 $274,938.30 $234,409.94 $101,625.76 Landscaoinq $223.675.00 $203.142.52 $138.506.25 $63.895.85 $139.246.67 Totals $1,020,741.80 $1,079,916.00 $846,051.77 $665,377.90 $414,538.10 Notes: a) LOC /Bond amt. to be 20% of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOC /Bond reduced to 10% at final acceptance. c) LOC /Bond amt. to remain is updated based on Engineering News Record - Construction Cost Index d) Manual input required for cells highlighted in yellow. ♦ ,��D C /T Reviewed By: Agenda Item Number J O -c+ Legal ❑ CA #11 Finance EST. , _ 1836 Engineer ❑ Tracking Number City Administrator ❑ �a O Consultant ❑ ADM 2010 -51 El 2 SCE �V� i Agenda Item Summary Memo Title: Treasurer's Report for September 2010 Meeting and Date: City Council 11/23/10 Synopsis: Council Action Previously Taken: Date of Action: Admin 11/18/10 Action Taken: Consensus of Admin Committee for this item to be on the 11/23/10 CC consent Item Number: ADM 2010 -51 agenda for approval. Type of Vote Required: Council Action Requested: Submitted by: Rachel Wright Finance Name Department Agenda Item Notes: United City of Yorkville Kendall County, IL Monthly Treasurer's Report Financial Summary As of September 30, 2010 Beginning September September Ending FYTD FY Budgeted FYTD FY Budgeted Fund Balance Revenues Expenses Balance Revenues Revenue Expenses Expenses 01 General (1,927,895) 1,824,424 801,092 (904,563) 6,079,612 11,433,024 4,863,853 11,376,981 11 Fox Hill SSA 11,656 7,271 455 18,473 19,009 21,808 2,762 3,458 12 Sunflower SSA 8,479 5,677 1,219 12,936 13,634 19,070 6,885 8,253 15 Motor Fuel Tax 422,316 35,287 - 457,603 183,949 489,782 28,594 475,600 16 Municipal Building (589,874) 750 - (589,124) 18,600 (552,474) - - 20 PD Capital 221,258 2,311 1,065 222,504 13,855 98,617 43,945 104,000 21 PW Capital 135,794 3,250 6,604 132,440 15,100 175,395 40,309 139,000 22 Parks & Rec Equip Capital 67,173 657 - 67,830 1,034 210,960 1,775 173,135 23 City Wide Capital (87,253) 403 5,934 (92,784) 56,528 328,322 130,934 606,500 42 Debt Service 41,877 125 - 42,002 107,976 436,257 74,702 429,404 51 Water Ops. & Imprv. 15,980,974 19,189 96,983 15,903,180 954,479 1,059,231 921,142 2,122,677 52 Sewer 6,009,553 2,455 17,755 5,994,253 685,378 2,074,023 600,971 2,020,433 72 Land Cash (263,045) 4,102 54,893 (313,835) 110,824 482,641 96,224 665,449 79 Parks & Recreation 203,974 192,153 81,753 314,374 745,730 1,480,378 531,643 1,461,912 80 Recreation Center (200,545) 49,273 41,545 (192,817) 243,206 547,933 316,422 675,301 82 Library 717,487 136,405 49,699 804,193 745,772 2,158,985 536,323 2,158,986 85 Fox Industrial 553,211 83,116 - 636,327 218,151 640,924 5,175 80,433 87 Countryside TIF Project 2,414,037 3,548 - 2,417,586 8,582 2,487,993 68,755 2,487,993 88 Downtown TIF 180,283 20,841 500 200,624 65,140 225,213 811 1,500 95 Trust & Agency 579,814 2,126,956 504,832 2,201,939 6,111,117 - 3,958,161 - Totals 24,479,276 4,518,193 1,664,328 27,333,141 16,397,676 23,818,082 12,229,386 24,991,015 Note: Revenue deficit to be offset with fund balance. As Treasurer of the United City of Yorkville, I hereby attest, to the best of my knowledge, that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Full detail information is available in the Finance Department. William Powell, Treasurer Fund Balance Reserve Sep -10 Aug -10 Jul -10 Jun -10 May -10 Apr -10 Mar -10 Feb -10 General Fund -7.95% - 16.95% - 15.78% -9.71% - 23.14% - 18.46% - 16.23% - 15.24% Water Ops. & Imprv. 749.20% 752.87% 737.17% 745.51% 735.29% 777.31% 774.51% 778.80% Sewer Ops. & Imprv. 296.68% 297.44% 280.93% 285.77% 295.21% 302.33% 298.66% 299.99% Combined Fund Balance 135.3% 129.3% 125.8% 132.0% 122.0% 126.96% 127.78% 129.25% Prepared by_ Rachel Wright - SUBJECT TO REVISIONS BASED ON YEAR END JOURNAL ENTRIES AND AUDITOR ADJUSTMENTS. l i Reviewed By: Agenda Item Number J� T Legal ❑ CA #12 1836 EST. , Finance Engineer ❑ Tracking Number © City Administrator ❑ �f 2 0 Consultant ❑ ADM 2010 -52 4 �E ❑ Agenda Item Summary Memo j I Title: Treasurer's Report for October 2010 Meeting and Date: City Council 11/23/10 Synopsis: I Council Action Previously Taken: Date of Action: Admin 11/18/10 Action Taken: Consensus of Admin Committee for this item to be on the 11/23/10 CC consent Item Number: ADM 2010 -52 agenda for approval. Type of Vote Required: Council Action Requested: Submitted by: Rachel Wright Finance Name Department Agenda Item Notes: United City of Yorkville Kendall County, IL Monthly Treasurer's Report Financial Summary As of October 31, 2010 October YTD FY Budgeted October YTD FY Budgeted Fund Revenues Revenues Revenue Expenses Expenses Expenses 01 General 882,722 6,962,334 11,433,024 1,161,901 5,609,095 11,376,981 11 Fox Hill SSA 388 19,397 21,808 569 3,331 3,458 12 Sunflower SSA 57 13,691 19,070 538 7,423 8,253 15 Motor Fuel Tax 124,912 308,861 489,782 49,631 78,225 475,600 16 Municipal Building 1,350 19,950 (552,474) - - - 20 PD Capital 2,642 16,497 98,617 4,784 48,729 104,000 21 PW Capital 5,800 20,900 175,395 6,644 46,952 139,000 22 Parks & Rec Equip Capital 7 1,040 210,960 3,907 5,682 173,135 23 City Wide Capital 43,327 99,855 328,322 (96,000) 196,503 606,500 42 Debt Service 107,576 215,552 436,257 - 74,702 429,404 51 Water Ops. & Imprv. 435,759 1,390,239 1,059,231 144,366 1,065,508 2,122,677 52 Sewer 126,375 811,753 2,074,023 54,783 655,753 2,020,433 72 Land Cash 6,153 116,977 482,641 17,513 113,737 665,449 79 Parks & Recreation 113,629 859,360 1,480,378 118,120 649,790 1,461,912 80 Recreation Center 46,041 288,569 547,933 61,228 376,979 675,301 82 Library 474,750 1,220,522 2,158,985 101,105 637,428 2,158,986 85 Fox Industrial 5,772 223,923 640,924 - 5,175 80,433 87 Countryside TIF Project 439 9,022 2,487,993 - 68,755 2,487,993 88 Downtown TIF 4,568 69,708 225,213 - 811 1,500 95 Trust & Agency 572,281 6,683,398 - 2,821,178 6.779,340 - Totals 2,954,551 19,351,549 23,818,082 4,450,268 16,423,920 24,991,015 As Treasurer of the United City of Yorkville, I hereby attest, to the best of my knowledge, that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Full detail information is available in the Finance Department. William Powell, Treasurer Prepared by: Rachel Wright C /r Reviewed By: Agenda Item Number 2 O Legal ❑ Minutes EST. 1836 Finance ❑ 1 ' � Engineer ❑ -�� Tracking Number O - � y City Administrator F] �n 9 2 0 Public Works ❑ �e City Clerk ■ Agenda Item Summary Memo Title: Minutes of City Council— September 28, 2010 I Meeting and Date: City Council — 11/23/10 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Jacquelyn Milschewski City Clerk Name Department Agenda Item Notes: 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, 800 GAME FARM ROAD ON TUESDAY. SEPTEMBER 28.2010 Mayor Burd called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Gilson Present Werderich Present Ward I I Golinski Absent Plocher Present Ward III Munns Present Sutcliff Present Ward 1V Teeling Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, Attorney Gardiner, City Administrator /Interim Director of Park and Recreation Olson, Police Chief Hart, Deputy Police Chief Delaney, Finance Director Fredrickson, City Engineer Wywrot, Public Relations Officer Spies and Community Development Director Barksdale - Noble. .QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderman Gilson requested that Item #3 - Fountain Village — Letter of Credit Expiration (PW 2010 -64), Item #4 - Fountain Village — Sitework Letter of Credit Reduction No. 1 (PW 2010 -65) and Item #5 - 2010 Miscellaneous Bituminous Patching — Bid Results and Supplemental MFT Appropriation Resolution (PW 2010 -66) be removed from the consent agenda and placed on the regular agenda under the Public Works Committee Report. Mayor Burd requested that the Police Pension Overview by Todd Overmyer under Presentations be tabled until the next City Council meeting. Amendments approved unanimously by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee Meeting: 6:00 p.m., October 19, 2010 City Hall Conference Room Economic Development Committee: 6:30 p.m., October 5, 2010 City Hall Conference Room Administration Committee Meeting: 6:00 p.m., October 21, 2010 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., September 30, 2010 City Hall Conference Room PRESENTATIONS Certificate of Appreciation Officer Ryan Goldsmith & Officer Mitchell Carlyle Chief Hart explained that the Alliance Against Intoxicated Motorists (AAIM) presents awards to the top DUI enforcement officers. For exceptional DUI enforcement, Chief Hart and Mayor Burd presented Officers Ryan Goldsmith and Mitchell Carlyle with Certificates of Appreciation for DUI Enforcement. Officer Goldsmith had thirteen arrests while Officer Carlyle had twelve. The Minutes of the Regular Meeting of the Citv Council — September 28, 2010 — page 2 PUBLIC HEARINGS None. CITIZEN COMMENTS None. CONSENT AGENDA 1. Monthly Treasurer's Report for August 2010 (ADM 2010 -47) 2. Riverfront Park Building Concession Lease RFP - approve as presented (ADM 2010 -26) Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Werderich; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -7 Nays -0 Werderich -aye, Plocher -aye, Spears -aye, Munns -aye, Sutcliff -aye, Gilson -aye, Teeling -aye PLAN COMMISSION /ZONING BOARD OF APPEAL None. MINUTES FOR APPROVAL A motion was made by Alderman Sutcliff to approve the minutes of the City Council meeting of August 10, 2010 and the Special City Council meeting of August 10, 2010; seconded by Alderman Munns. Motion approved unanimously by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Sutcliff to approve the paying of the bills listed on the Detailed Board Report dated September 22, 2010, totaling the following amounts: checks in the amount of $1,017,014.56 (vendors); $6,753.90 (payroll period ending 8/31/10); $241,847.22 (payroll period ending 9/11/10); for a total of $1,265,615.68 (total); seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes -7 Nays -0 Plocher -aye, Spears -aye, Munns -aye, Sutcliff -aye, Gilson -aye, Teeling -aye, Werderich -aye REPORTS MAYOR'S REPORT Board and Commission Vacancies (CC 2010 -73) Mayor Burd reported that Deanna Cross has resigned from the Human Resource Commission and Chris Rollins has resigned from the Park Board. She asked that anyone interested in being on the Commission contact her or fill out the application that is on the city's website. Vacation of Jefferson Street and a Portion of Ridge Street (PW 2010 -68) Mayor Burd reported that the vacation of Jefferson Street and a portion of Ridge Street was part of the purchase agreement for the old jail. Kendall County needs the streets as part of their plan for expansion of the county building. Administrator Olson added that there will be a public hearing for the vacation on October 12, 2010. Alderman Spears asked if the businesses in the area were notified of the public hearing. Administrator Olson stated that the hearing was noticed in the Kendall County Record newspaper as well as on the city's website and at City Hall. Alderman Sutcliff asked at what point the streets would be unusable. Administrator Olson explained that the county has no immediate intentions to tear out the streets so people will still be able to use them especially as access to the historic courthouse. i I The Minutes of the Regular Meeting of the Citv Council — September 28, 2010 — page 3 CITY COUNCIL REPORT Holiday Under the Stars Event Discussion (CC 2010 -74) Alderman Spears expressed her concern that the event is being held on a Friday. She stated in the past this was a concern due to traffic issues. She asked if it was too late to change the date to a Saturday. Mayor Burd indicated it was too late to change the date and that the event has historically been held on a Friday. In the past it was held in the downtown but the Chamber of Commerce was going to let the event die with the decline of businesses in the area. At her request, Mrs. Spies has kept it going and moved it to Town Square Park. Last year, the event was held at both Town Square Park and in the downtown area again. It was a very successful event however there were traffic issues. Administrator Olson and Chief Hart are working together to address these issues. Administrator Olson explained the festival layout to the City Council. There will be a Kris Kringle Market and business expo on the south side of town along Hydraulic. There will be no traffic allowed on Hydraulic after the city's parking lot. Parking will be available in the lot and hopefully in the Old Second Bank lot. He stated he is working with the Police Department so that an officer can be stationed at Hydraulic to aid with pedestrian crossings. This officer will coordinate with one on the north side of the river. A trolley will be used to link the events. Church and King Streets will be closed to aid in traffic control as well as for house and buggy rides. He explained that he is trying to get permission for parking at the Yorkville High School Freshman Academy however there is an event that night at the main high school. There will be additional parking at city hall and the library. He stated he is also working with the Public Works Department on traffic. Chief Hart added that MOT is cooperating with the event by allowing the city to post flashing signs warning of the event and traffic conditions. They are also providing signs for the city to use and Director Dhuse is looking at the possibility of renting additional sign boards. He explained that the problem last year was with pedestrian traffic. The stop lights on Route 47 will be coordinated to help alleviate traffic. Alderman Sutcliff asked if the Citizens Police Academy Alumni would be assisting. Chief Hart stated that while he had not gotten any definite answer yet, he hoped to get about seven volunteers. Alderman Sutcliff asked if the YHS Madrigals would be singing at Parkview Academy and Mrs. Spies stated they would be. Alderman Teeling asked if the Police Department would be allowing left hand turns at River Road and Route 47. Chief Hart stated that Director Dhuse and Deputy Chief Delaney were working with Kendall County to close River Road to local traffic at Eldamain. Alderman Spears asked if the Citizens Police Academy volunteers would be directing traffic. Chief Hart stated no; they would be used as crossing guards. She asked if the Police Department, Public Works and Park & Recreation Department employees would be paid overtime or given comp time for working t he event. Administrator Olson explained that Public Works and Park & Recreation Department employees would be using flex time rather than overtime or comp time. Chief Hart stated that no decision had been made yet with the Police Department employees. Alderman Spears asked if there were enough officers to patrol the city and cover the event. Chief Hart stated that he was still working on this; it was dependant on CPAA involvement. If four or five officers are needed he would have a hard time covering everything. Alderman Munns asked what the estimated attendance numbers were. Mrs. Spies indicated that about 2,000 people are estimated to attend however this can vary with weather conditions. Mayor Burd noted that each year the city finds ways to improve the event. If the City Council has concerns, she suggested they be expressed in June; changing the date now is too close to the event. Alderman Spears stated she was not suggesting cancelling the event but was suggesting better planning. She felt that the City Council should sit down with staff after the event to discuss any concerns. Alderman Gilson noted that traffic problems were brought up right after last year's event. Mayor Burd commented that the traffic problems were identified the night of the event however she never heard the suggestion to change the date to a Saturday. Mrs. Spies added that there was some discussion with staff about changing the date and it is possible to change to a Saturday in the future however the businesses involved need to be consulted. If the date change is the wish of the City Council it should be addressed in January and the Chamber of Commerce The Minutes of the Reuular Meetinu of the Citv Council — Seatember 28.2010 — aaee 4 should be made aware of it. She explained that almost immediately after the event staff meets to discuss it and she invited the City Council to attend the staff meeting. It was the consensus of the City Council to wait until after the event this year to evaluate the day the event is held. I CITY ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Administrator Olson: • Welcomed Mr. Frederickson as the new Finance Director. • Reported that the tax levy season is around the corner. It will be discussed in October and voted on in December. He noted that he spoke to the county assessor who told him that this is the second year of property decline. • Reported that the city still has not received an application for an amendment to the Annexation Agreement from the Ochoas. A deposit for the stormwater report for the two acres of onsite retention is forthcoming and should be received shortly. With the application fee comes $20,000.00 for the engineering deposit and a $10,000.00 application fee. FINANCE DIRECTOR'S REPORT Director Fredrickson reported that he was happy to be with the city and that he met with the staff today which was his first day on the job. CITY ENGINEER'S REPORT City Engineer Wywrot reported that Route 71 was being resurfaced from Route 126 to Orchard Road. The work is being done overnight in order to lessen the impact on traffic. The project should be done by mid - October. Mayor Burd added that she was invited by the governor to attend a meeting in Chicago where she found out that $100 million will be given to municipalities for street projects. Yorkville should be receiving $73,000.00 for projects. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that there was a large watermain break at Morgan and Madison Streets this morning. He stated that this was the worst break he has seen and that crews were still working on the repair. He explained it affected thirty homes and almost drained the water tower by the Public Works building. CHIEF OF POLICE'S REPORT Chief Hart reported that Lieutenant Schwartzkopf graduated from the FBI academy and will be back to work. He also reminded residents to be cautious of farm equipment now that harvest season has begun. DIRECTOR OF PARKS & RECREATION'S REPORT Interim Director of Park and Recreation Olson reported: • The city held a successful brat fest with 200 to 300 people in attendance. They sold over two brats /person and they received good reviews on the food. The city broke even on the event. He thanked Public Works employee Dave Behrens for manning the grill along with the Park & Recreation Department employees who also helped with the event. • There will be a ribbon cutting ceremony at the Bristol Bay Park on Wednesday at 6:00 p.m. COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Barksdale -Noble reported on the Crane's Chicago Business article about the stormwater basin in Windett Ridge which was installed by the developer in June 2008. The pond's maintenance was transferred to the homeowner's association (HOA). This summer staff became aware of resident's concerns about the pond. The HOA sought out assistance and received two proposals for the maintenance of the pond however they do not have the funds. The city has not accepted the basin and will not do so until it meets performance standards. The Minutes of the ReVular Meetinu of the Citv Council — September 28, 2010 — nase 5 Alderman Gilson asked if the City Council could get a copy of the article. Director Barksdale -Noble stated she would get a copy to the Council. He asked what the city was doing to help the pond get into compliance. Director Barksdale -Noble stated that staff has addressed the invasive plants around the pond. She noted that the only leverage the city has is not to accept the pond. Alderman Gilson asked if the aldermen would be involved in the HOA's discussion on the pond and Director Barksdale -Noble stated that the matter will be before the Public Works Committee. I COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported: • The 3' Annual Care and Share event was scheduled for October 16, 2010 at the Kendall County Fairgrounds. • The Kendall County Triad is holding a fashion show at the Hampton Inn on October 21, 2010 from 9:00 a.m. to 11:00 a.m. Anyone interested in attending should RSVP to Senior Services. • The Senior Ad Hoc Committee is planning a Thanksgiving Dinner on November 19, 2010 from 11:00 a.m. to 1:00 p.m. at the Beecher Center. COMMUNITY & LIAISON REPORT Aurora Area Convention and Visitor Bureau Alderman Sutcliff distributed a packet of information from the Aurora Area Convention and Visitor Bureau. She noted that Raging Waves in Yorkville is listed in their information. She stated that the goal is to cultivate synergy between Plano, Yorkville and Oswego in order to attract tourists. Waubonsee Community College Alderman Sutcliff noted that Waubonsee Community College has invited the City Council to the dedication and open house of their new Plano location. COMMITTEE REPORTS i PUBLIC WORKS COMMITTEE REPORT Fountain Village — Letter of Credit Expiration (PW 2010 -64) A motion was made by Alderman Plocher to approve the Fountain Village Letter of Credit Expiration and authorize City Clerk to call letter of credit if it is not renewed by October 15, 20i0; seconded by Alderman Sutcliff. Alderman Gilson stated that he had concerns and questions on this item. He wanted to know how the staff missed the original LOC. City Engineer Wywrot explained that the date of the LOC was arbitrarily set and if it is not called the LOC continues to exist. He stated there was no need to call it in May. Alderman Gilson expressed his concern that LOC's keep rolling over even though they are in non - completion of punch list items. Mr. Wywrot explained that it has been the practice to let build out activity dictate the completion of punch list items. The process has been working. Alderman Gilson stated that if LOC's keep rolling over, the original engineer's estimate of costs may not be enough to complete projects. He felt the city should be proactive and if developments are not getting done, the LOC should be called. Mayor Burd suggested that each LOC should be looked at individually. Fountain View is not a residential development. She asked what was affected by calling the LOC. Mr. Wywrot explained that it affects public improvements such as sidewalks, water and sewer, etc. The developer is doing some work and the majority of things have been completed. Administrator Olson stated that the amount in the LOC is in excess of what needs to be completed. He further explained that in the next two to three years most LOCs will fall under the new proposed policy which will figure in inflation. Alderman Gilson disagreed with this policy because he felt that inflation will affect the cost of work. There was a brief discussion about the inflation factor in the new policy. Mr. Wywrot explained how a percentage of the LOC is retained until the punch list items are completed. He felt that retaining 20% was sufficient. Alderman Plocher felt that calling all the outstanding LOC's would bankrupt developers and make it hard to get future developments into the city. The Minutes of the Reeular Meeting of the Citv Council — September 28, 2010 — page 6 Alderman Spears asked if the new policy would be coming to the Public Works Committee. Administrator Olson stated that it would be before the committee in October or November. Motion approved by a roll call vote. Ayes -6 Nays -1 Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Teeling -aye, Gilson -nay, Sutcliff -aye Fountain Village — Sitework Letter of Credit Reduction No. 1 (PW 2010 -65) A motion was made by Alderman Plocher to approve Fountain Village Sitework Letter of Credit Reduction No. 1 and authorize a reduction to Standard Bank and Trust Company Letter of Credit No. 11953 in the amount of $665,377.90, subject to verification that the developer has no outstanding debt owed to the City for this project; seconded by Alderman Munns. Alderman Gilson asked if there would be additional landscaping done. Mr. Wywrot explained that the original design called for a berm on the western edge however this area cannot be graded to make a sufficient buffer. Staff worked with the developer to revise the landscaping plan to incorporate plant screenings instead. Alderman Gilson asked if the City Council could get a list of the punch list items remaining. He suggested tabling this matter. A motion was made by Alderman Gilson to table the Letter of Credit reduction; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -6 Nays -1 Werderich -aye, Teeling -aye, Gilson -aye, Sutcliff -nay, Munns -aye, Spears -aye, Plocher -aye Resolution 2010 -25 2010 Miscellaneous Bituminous Patching — Bid Results and Supplemental MFT Appropriation Resolution (PW 2010 -66) A motion was made by Alderman Plocher to approve the 2010 Miscellaneous Bituminous Patching — Bid Results and Supplemental MFT Appropriation Resolution and award contract to Aurora Blacktop, Inc. in an amount not to exceed $59,185.50 and authorize City Clerk to execute the Supplemental MFT Appropriation Resolution in an amount not to exceed $5,000.00; seconded by Alderman Sutcliff. Alderman Gilson expressed his concern that the amount is over the engineer's estimate. He stated that he would like to see this re -bid but that can't be done until spring. He felt it might be good to wait especially with additional MFT funds coming into the city. He added that the Public Works Committee discussed the roadway patch. City Engineer Wywrot explained that the patching work is part of the estimate. He felt that a base repair was not needed at this time which will save $4,500.00. Shoulder work and striping will be done by the Public Works Department which will save even more. He indicated that the work could be done before the asphalt plants close in November. Alderman Sutcliff noted that Game Farm Road needs to get repaired as soon as possible. She trusted staff to do the work in the most economical way. Alderman Spears asked if this item as well as the two previous one were discussed at the Public Works Committee meeting. City Engineer Wywrot explained they were discussed however there wasn't a quorum. Alderman Spears suggested that it be indicated if items were reviewed by the committee and if there was a quorum or not. Motion approved by a roll call vote. Ayes -5 Nays -3 Teeling -aye, Gilson -nay, Sutcliff -aye, Munns -aye, Spears -nay, Plocher -aye, Werderich -nay, Burd -aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. i The Minutes of the Reeular Meetine of the Citv Council — Seatember 28, 2010 — paee 7 ADMINISTRATION COMMITTEE REPORT Ordinance Amending the Code of Ordinances Establishing a Cultural Commission — First Reading (ADM 2010 -48) Alderman Sutcliff indicated this item was discussed by the Administration Committee and two changes were made. The first change is that the cultural committee will include only people who reside in city limits and the second is that the committee will elect its chairman. Alderman Sutcliff stated she disagreed with the committees changes and felt the document should remain in its original draft form. Alderman Spears disagreed with Alderman Sutcliff. She stated she researched historic commissions in other communities and the proposed changes are supported by her research. Alderman Gilson agreed with Alderman Spears and felt that only residents should be on the committee. Mayor Burd explained that the commission is being formed due to the old jail and it would be a slap in the face of those who have worked on it who live outside the city. An architect who does not live in Yorkville has offered services for free. She explained that this will be an advisory commission not a decision making board. She noted that several area municipalities allow the mayor to appoint the chairs of the advisory boards. She felt that anyone interested or who has the knowledge and lives outside the city should be allowed to participate. Alderman Spears asked if the commission complied with state statute. Attorney Gardiner stated that it did. Alderman Gilson stated the commission is bigger than just the old jail. He felt that it should be made up of residents only with help from those outside the city. He did not want to exclude anyone from helping. Alderman Teeling stated that after the Administration Committee meeting she helped at the old jail. She saw many people from outside Yorkville participating so she researched other communities to see how their commissions run. She has since changed her mind about the proposed changes and does not support them. ADDITIONAL BUSINESS Consent Agenda Alderman Werderich requested that if an item is not put through committee that it not be placed on the consent agenda but on the regular agenda. Agenda Item Summary Memo Alderman Werderich asked that the action taken area on the agenda item summary memo be properly filled out for the City Council. First Readings Alderman Werderich questioned the discussion at the first reading of the Cultural Commission Ordinance. He asked if this was proper. Mayor Burd stated that if the aldermen want to discuss the item it should be allowed in order to give more information to the public. Administrator Olson added that the first reading allows the chairman to announce the item and per the Governing Ordinance some discussion is allowable. Raintree Email Alderman Gilson asked that the mayor copy in the aldermen when responding to residents emails. She recently received an email for a resident in Raintree that he was concerned about. Mayor Burd explained that a resident emailed her with a question on SSA payments. She explained to the resident that this was not a city issue; it was between the resident and the developer. She gave the resident the developer's contact information. EXECUTIVE SESSION Mayor Bard entertained a motion to go into Executive Session for the purpose of: 1. For the discussion of minutes lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi - annual review of the minutes as mandated by Section 2.06. 2. For litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. So moved by Alderman Werderich; seconded by Alderman Gilson. i I The Minutes of the Re¢ular Meetine of the Citv Council — September 28, 2010 — va2e 8 Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Plocher -aye, Werderich -aye, Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye The City Council entered into executive session at 9:00 p.m. The City Council returned to regular session at 10:10 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Werderich; seconded by Alderman Teeling. . Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 10:10 p.m. Minutes submitted by: I Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois it ♦ ,�rpD C/r Reviewed By: Agenda Item Number J ' 0 Legal ❑ Bill List EST. 1 M 1836 Finance ■ Engineer ❑ -��—= Tracking Number -t City Administrator ❑ O Ll n 2 0 Public Works ❑ EJ Agenda Item Summary Memo Title: Bill List Meeting and Date: City Council – 11/23/10 Synopsis: I i Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approval Submitted by: Amy Simmons Finance Name Department Agenda Item Notes: DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 15:47:46 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ACCURINT LEXISNEXIS RISK DATA MGMT. 1249304 - 20101031 10/31/10 01 POLICE- OCTOBER FEES 01- 210 -65 -00 -5804 11/23/10 50.00 OPERATING SUPPLIES INVOICE TOTAL: 50.00 VENDOR TOTAL: 50.00 AIRGAS AIRGAS NORTH CENTRAL 105410004 10/31/10 01 STREETS - ANNUAL LEASE RENEWAL 01- 410 -62 -00 -5408 11/23/10 62.99 MAINTENANCE - EQUIPMENT INVOICE TOTAL: 62.99 VENDOR TOTAL: 62.99 ALFORDR RICHARD ALFORD, PH.D. 110810 11/08/10 01 POLICE -POST OFFER 01- 210 -64 -00 -5607 11/23/10 300.00 POLICE COMMISSION 02 PSYCHOLOGICAL FITNESS FOR ** COMMENT ** 03 DUTY EVALUATION ** COMMENT ** INVOICE TOTAL: 300.00 VENDOR TOTAL: 300.00 ALTEC ALTEC INDUSTRIES, INC. 5789346 10/27/10 01 STREETS - PERFORM ANNUAL PM 01- 410 -62 -00 -5409 11/23/10 728.71 MAINTENANCE - VEHICLES 02 INSPECTION AND DIELECTRIC TEST ** COMMENT* INVOICE TOTAL: 728.71 VENDOR TOTAL: 728.71 ARAMARK ARAMARK UNIFORM SERVICES 610 - 6926325 10/26/10 01 STREETS - UNIFORMS 01- 410 -62 -DO -5421 11/23/10 34.87 WEARING APPAREL 02 WATER OP- UNIFORMS 51- 000 -62 -00 -5421 34.88 WEARING APPAREL -7 -1- DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 15:47 :46 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ARAMARK ARAMARK UNIFORM SERVICES 610 - 6926325 10/26/10 03 SEWER OP- UNIFORMS 52- 000 -62 -00 -5421 11/23/10 34.88 WEARING APPAREL INVOICE TOTAL: 104.63 610 - 6930885 11/02/10 01 STREETS - UNIFORMS 01- 410 -62 -00 -5421 11/23/10 30.75 WEARING APPAREL 02 WATER OP- UNIFORMS 51- 000 -62 -00 -5421 30.76 WEARING APPAREL 03 SEWER OP- UNIFORMS 52- 000 -62 -00 -5421 30.75 WEARING APPAREL INVOICE TOTAL: 92.26 610 - 6935484 11/09/10 01 STREETS - UNIFORMS 01- 410 -62 -00 -5421 11/23/10 28.38 WEARING APPAREL 02 WATER OP- UNIFORMS 51- 000 -62 -00 -5421 28.38 WEARING APPAREL 03 SEWER OP- UNIFORMS 52- 000 -62 -00 -5421 28.40 WEARING APPAREL INVOICE TOTAL: 85.16 VENDOR TOTAL: 282.05 ATT AT &T 6305533436 -1010 10/25/10 01 POLICE - MONTHLY CHARGES 01- 210 -62 -00 -5436 11/23/10 37.95 TELEPHONE INVOICE TOTAL: 37.95 6305536805 -1010 10/25/10 01 WATER OP- MONTHLY CHARGES 51- 000 -62 -00 -5436 11/23/10 78.91 TELEPHONE INVOICE TOTAL: 78.91 VENDOR TOTAL: 116.86 BANCAMER BANC OF AMERICA LEASING 011682156 -CITY 10/22/10 01 FINANCE - COPIER LEASE FOR 4 01- 120 -62 -00 -5412 11/23/10 836.00 MAINTENANCE- PHOTOCOPIERS -2 -2- DATE: 11 /18 /10 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 15:47 :46 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ BANCAMER BANC OF AMERICA LEASING 011682156 -CITY 10/22/10 02 COPIERS ** COMMENT *' 11/23/10 03 WATER OP- COPIER LEASE 51- 000 -65 -00 -5809 99.00 PRINTING & COPYING INVOICE TOTAL: 935.00 VENDOR TOTAL: 935.00 BATTERYS BATTERY SERVICE CORPORATION 204086 10/27/10 01 STREETS - BATTERIES 01- 410 -62 -00 -5409 11/23/10 429.38 MAINTENANCE- VEHICLES INVOICE TOTAL: 429.38 VENDOR TOTAL: 429.38 BCBS BLUE CROSS BLUE SHIELD 110510 11/05/10 01 FINANCE - DECEMBER HEALTH INS. 01- 120 -50 -00 -5203 11/23/10 82,886.14 BENEFITS- HEALTH INSURANCE 02 FINANCE- DECEMBER DENTAL INS. 01- 120 -50 -00 -5205 7,457.91 BENEFITS- DENTAL/ VISION A INVOICE TOTAL: 90,344.05 VENDOR TOTAL: 90,344.05 BKFD BRISTOL KENDALL FIRE DEPART. 103110 -DEV 11 /01 /10 01 TRUST /AGENCY- DEVELOPMENT FEES 95- 000 -78 -00 -9010 11/23/10 14,200.00 BKFD DEV FEE PAYMENTS INVOICE TOTAL: 14,200.00 VENDOR TOTAL: 14,200.00 BNYMGLOB THE BANK OF NEW YORK MELLON YORKVILL2022- 111210 11/12/10 01 WATER OP- INTEREST PAYMENT 51- 200 -66 -00 -6007 11/23/10 16,575.00 RADIUM COMPLIANCE BOND INVOICE TOTAL: 16,575.00 VENDOR TOTAL: 16,575.00 -3 -B- DATE: 11 /18 /10 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 15:47:46 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ BRENART BRENART EYE CLINIC 110210 11/02/10 01 POLICE -EYE EXAMINATION 01- 210 -64 -00 -5607 11/23/10 183.00 POLICE COMMISSION INVOICE TOTAL: 183.00 VENDOR TOTAL: 183.00 BRENNTAG BRENNTAG MID - SOUTH, INC. BMS838482 10/21/10 01 WATER OP -DRUM RETURN CREDIT 51- 000 -62 -00 -5407 11/23/10 - 650.00 TREATMENT FACILITIES O &M INVOICE TOTAL: - 650.00 BMS918664 10/20/10 01 WATER OP- CHEMICALS 51- 000 -62 -00 -5407 00204701 11/23/10 1,556.49 TREATMENT FACILITIES O &M INVOICE TOTAL: 1,556.49 VENDOR TOTAL: 906.49 CARGILL CARGILL, INC 2930236 10/27/10 01 WATER OP -BULK SALT 51- 000 -62 -00 -5407 00204702 11/23/10 2,754.92 TREATMENT FACILITIES 0 &M INVOICE TOTAL: 2,754.92 2935244 11/02/10 01 WATER OP -BULK SALT 51- 000 -62 -00 -5407 00204702 11/23/10 2,716.95 TREATMENT FACILITIES 0 &M INVOICE TOTAL: 2,716.95 VENDOR TOTAL: 5,471.87 CDWG CDW GOVERNMENT INC. VJL9700 10/25/10 01 COM /DEV -APC BACK -UPS 01- 220 -75 -00 -7002 11/23/10 72.98 COMPUTER EQUIP & SOFTWARE INVOICE TOTAL: 72.98 VENDOR TOTAL: 72.98 CLASLAND CLASSIC LANDSCAPE, LTD -4-4- DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 15:47:46 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ CLASLAND CLASSIC LANDSCAPE, LTD 60517 11 /01 /10 01 FOX HILL SSA - OCTOBER LAWN 11- 000 -65 -00 -5416 11/23/10 454.92 MAINTENANCE COMMON GROUNDS 02 MAINTENANCE ** COMMENT ** INVOICE TOTAL: 454.92 60518 11 /01 /10 01 SUNFLOWER SSA - OCTOBER LAWN 12- 000 -65 -00 -5416 11/23/10 107.50 MAINTENANCE COMMON GROUNDS 02 MAINTENANCE ** COMMENT ** INVOICE TOTAL: 107.50 VENDOR TOTAL: 562.42 COMCAST COMCAST CABLE 102610 10/26/10 01 POLICE - MONTHLY CHARGES 01- 210 -65 -00 -5804 11/23/10 4.17 OPERATING SUPPLIES INVOICE TOTAL: 4.17 VENDOR TOTAL: 4.17 COMED COMMONWEALTH EDISON 0185079109 -1110 10/29/10 01 WATER OP -420 FAIRHAVEN 51- 000 -62 -00 -5435 11/23/10 118.01 ELECTRICITY INVOICE TOTAL: 118.01 0435113116 -1110 11/02/10 01 STREETS - LIGHTS 01- 410 -62 -00 -5435 11/23/10 108.70 ELECTRICITY INVOICE TOTAL: 108.70 0903040077 -1110 10/27/10 01 STREETS - LIGHTS 01- 410 -62 -00 -5435 11/23/10 2,894.88 ELECTRICITY INVOICE TOTAL: 2,894.88 0908014004 -1110 11 /01 /10 01 WATER OP -WELLS 51- 000 -62 -00 -5435 11/23/10 22.05 ELECTRICITY INVOICE TOTAL: 22.05 -5 -5- DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 15:47 :46 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT COMED COMMONWEALTH EDISON 0966038077 -1110 10/28/10 01 STREETS - LIGHTS 01- 410 -62 -00 -5435 11/23/10 58.12 ELECTRICITY INVOICE TOTAL: 58.12 1407125045 -1110 11/02/10 01 SEWER OP- FOXHILL 7 LIFT 52- 000 -62 -00 -5435 11/23/10 88.93 ELECTRICITY INVOICE TOTAL: 88.93 2019099044 -1110 11/03/10 01 WATER OP -WELLS 51- 000 -62 -00 -5435 11/23/10 44.01 ELECTRICITY INVOICE TOTAL: 44.01 2668047007 -1110 10/27/10 01 SEWER OP -1908 RAINTREE RD 52- 000 -62 -00 -5435 11/23/10 115.66 ELECTRICITY INVOICE TOTAL: 115.66 2961017043 -1110 10/28/10 01 SEWER OP- PRESTWICK LIFT 52- 000 -62 -00 -5435 11/23/10 90.37 ELECTRICITY 02 STATION ** COMMENT x* INVOICE TOTAL: 90.37 4085080033 -1110 11 /01 /10 01 WATER OP -1991 CANNONBALL TRAIL 51- 000 -62 -00 -5435 11/23/10 113.56 ELECTRICITY INVOICE TOTAL: 113.56 4449087016 -1110 11/03/10 01 SEWER OP -LIFT STATIONS 52- 000 -62 -00 -5435 11/23/10 709.02 ELECTRICITY INVOICE TOTAL: 709.02 VENDOR TOTAL: 4,363.31 CONSTELL CONSTELLATION NEW ENERGY 0002331366 11 /01 /10 01 WATER OP -2224 TREMONT 51- 000 -62 -00 -5435 11/23/10 3,305.97 ELECTRICITY INVOICE TOTAL: 3,305.97 DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 15:47:46 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT CONSTELL CONSTELLATION NEW ENERGY 0002333399 11/02/10 01 WATER OP -2921 BRISTOL RIDGE 51- 000 -62 -00 -5435 11/23/10 6,754.22 ELECTRICITY INVOICE TOTAL: 6,754.22 0002336385 11 /03/10 01 SEWER OP -420 FAIRHAVEN DR 52- 000 -62 -00 -5435 11/23/10 327.54 ELECTRICITY INVOICE TOTAL: 327.54 VENDOR TOTAL: 10,387.73 COPCO CHICAGO OFFICE PRODUCTS CO. 728214 -0 11/09/10 01 ADMIN -PAPER TOWELS 01- 110 -65 -00 -5804 11/23/10 59.98 OPERATING SUPPLIES INVOICE TOTAL: 59.98 VENDOR TOTAL: 59.98 DEPO DEPO COURT REPORTING SVC, INC 14712 11/04/10 01 POLICE - 10/20/10 ADMIN HEARING 01- 210 -62 -00 -5443 11/23/10 175.00 ADMIN ADJUDICATION CONTRAC INVOICE TOTAL: 175.00 14 740 11/03/10 01 POLICE - 11/03/10 ADMIN HEARING 01- 210 -62 -00 -5443 11/23/10 175.00 ADMIN ADJUDICATION CONTRAC INVOICE TOTAL: 175.00 VENDOR TOTAL: 350.00 DLUGOPOT TIM DLUGOPOLSKI 11C110 11 /01 /10 01 ADMIN- 04/15/10, 04/20/10 & 01- 110 -62 -00 -5401 11/23/10 122.00 CONTRACTUAL SERVICES 02 06/15/10 MEETING ATTENDANCE ** COMMENT ** INVOICE TOTAL: 122.00 VENDOR TOTAL: 122.00 -7 -7- DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 15:47:46 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT DUTEK DU -TEK, INC. 517694 10/19/10 01 STREETS - DIAGNOSTIC COUPLER 01- 410 -62 -00 -5409 11/23/10 44.95 MAINTENANCE - VEHICLES INVOICE TOTAL: 44.95 517922 10/23/10 01 STREETS - DIAGNOSTIC COUPLER, 01- 410 -62 -00 -5409 11/23/10 69.95 MAINTENANCE- VEHICLES 02 AIR HOSE ** COMMENT ** INVOICE TOTAL: 69.95 VENDOR TOTAL: 114.90 EXELON EXELON ENERGY 200306900030 10/31/10 01 STREETS -LITE RT. 25 01- 410 -62 -00 -5435 11/23/10 166.13 ELECTRICITY INVOICE TOTAL: 166.13 VENDOR TOTAL: 166.13 FLATSOS RAQUEL HERRERA 101810 10/18/10 01 WATER OP -TIRES 51- 000 -62 -00 -5409 11/23/10 215.00 MAINTENANCE- VEHICLES INVOICE TOTAL: 215.00 VENDOR TOTAL: 215.00 FVFS FOX VALLEY FIRE & SAFETY 586097 09/01/10 01 STREETS - SPRINKLER SYSTEM 01- 410 -62 -00 -5416 11/23/10 335.00 MAINTENANCE PROPERTY 02 INSPECTION ** COMMENT INVOICE TOTAL: 335.00 VENDOR TOTAL: 335.00 GALLS GALL'S INC. 510925704 10/27/10 01 POLICE - ZIPPER BOOTS 01- 210 -62 -00 -5421 11/23/10 104.99 WEARING APPAREL INVOICE TOTAL: 104.99 VENDOR TOTAL: 104.99 DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 15:47:46 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------•------------------------------------------------------------------------------------------------------------------------------ GARDKOCH GARDINER KOCH & WEISBERG H -1845C -74548 10/14/10 01 ADMIN- LAY -COM MATTERS 01- 110 -61 -00 -5303 11/23/10 3,799.50 LITIGATION COUNCIL INVOICE TOTAL: 3,799.50 H -1847C -74546 10/14/10 01 ADMIN - GENERAL LEGAL MATTERS 01- 110 -61 -00 -5302 11123110 647.50 CORPORATE COUNCIL INVOICE TOTAL: 647.50 H -1849C -73956 09/09/10 01 ADMIN - DISCONNECTION LEGAL 01- 110 -61 -00 -5303 11/23/10 518.00 LITIGATION COUNCIL 02 MATTERS ** COMMENT ** INVOICE TOTAL: 518.00 H -1961C -74545 10/14/10 01 DEVELOPER ESCROW - KENDALL 90- 220 -71 -00 -0006 11/23/10 555.00 KENDALL MARKETPLACE - LGL 02 MARKETPLACE MATTERS ** COMMENT ** INVOICE TOTAL: 555.00 H -19740 -74544 10/14/10 01 ADMIN -IEPA MATTERS 01- 110 -61 -00 -5303 11/23/10 129.50 LITIGATION COUNCIL INVOICE TOTAL: 129.50 H -2013C -74547 10/14/10 01 ADMIN - HAMMAN FEES MATTER 01- 110 -61 -00 -5303 11/23/10 1,017.60 LITIGATION COUNCIL INVOICE TOTAL: 1,017.60 VENDOR TOTAL: 6,667.10 GJOVIKFD GJOVIK FORD - MERCURY, INC. 254964 11 /01 /10 01 POLICE - REPLACED PCM SENSOR 01- 210 -62 -00 -5409 11/23/10 568.25 MAINTENANCE - VEHICLES INVOICE TOTAL: 568.25 255633 11 /01 /10 01 POLICE- CUT & PROGRAM KEY 01- 210 -62 -00 -5409 11/23/10 117.89 MAINTENANCE - VEHICLES INVOICE TOTAL: 117.89 -9 -9- DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 15:47:46 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ GJOVIKFD GJOVIK FORD- MERCURY, INC. 255686 11/04/10 01 POLICE- ALTERNATOR 01- 210 -62 -00 -5409 11/23/10 437.50 MAINTENANCE - VEHICLES INVOICE TOTAL: 437.50 VENDOR TOTAL: 1,123.64 HACH HACH COMPANY 6979635 11/04/10 01 WATER OP- CHEMICALS 51- 000 -62 -00 -5407 11/23/1D 312.45 TREATMENT FACILITIES O &M INVOICE TOTAL: 312.45 VENDOR TOTAL: 312.45 HDSUPPLY HD SUPPLY WATERWORKS, LTD. 2157566 10/25/10 01 WATER OP -1 1/2C2 METER 51- 000 -75 -00 -7508 00204700 11/23/10 1,040.00 METERS & PARTS INVOICE TOTAL: 1,040.00 2157580 10/26/10 01 WATER OP -2 100CF METERS 51- 000 -75 -00 -7508 11/23/10 356.00 METERS & PARTS INVOICE TOTAL: 356.00 VENDOR TOTAL: 1,396.00 ILMUNLEG ILLINOIS MUNICIPAL LEAGUE 110110 11 /01 /10 01 ADMIN- ANNUAL MEMBERSHIP DUES 01- 110 -64 -00 -5601 11/23/10 1,179.00 ILLINOIS MUNICIPAL LEAGUE INVOICE TOTAL: 1,179.00 VENDOR TOTAL: 1,179.00 ILPD4778 ILLINOIS STATE POLICE 102610 10/26/10 01 ADMIN- BACKGROUND CHECK 01- 110 -65 -00 -5804 11/23/10 34.25 OPERATING SUPPLIES INVOICE TOTAL: 34.25 VENDOR TOTAL: 34.25 -10 -n_ DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 15:47:46 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ILPD481.1 ILLINOIS STATE POLICE 102610 -CITY 10/26/10 01 ADMIN- BACKGROUND CHECK 01- 110 -65 -00 -5804 11/23/10 34.25 OPERATING SUPPLIES 02 POLICE - BACKGROUND CHECK 01- 210 -64 -00 -5607 102.75 POLICE COMMISSION INVOICE TOTAL: 137.00 VENDOR TOTAL: 137.00 ILPROSER ILLINOIS PROSECUTOR SERVICES, 636 10/30/10 01 POLICE -ICOG BINDER 2 VOLUME 01- 210 -65 -00 -5804 11/23/10 370.00 OPERATING SUPPLIES 02 SET ** COMMENT ** INVOICE TOTAL: 370.00 VENDOR TOTAL: 370.00 ILTRUCK ILLINOIS TRUCK MAINTENANCE, IN 025150 09/24/10 01 STREETS - REPAIR EXHAUST LEAK 01- 410 -62 -00 -5409 11/23/10 522.23 MAINTENANCE - VEHICLES INVOICE TOTAL: 522.23 025154 09/24/10 01 STREETS - REPAIRED CONNECTION 01- 410 -62 -00 -5409 11/23/10 212.50 MAINTENANCE- VEHICLES 02 AT POWER RELAY BOX ** COMMENT ** INVOICE TOTAL: 212.50 025178 10/12/10 01 STREETS - REPAIRED CRACKED BELL 01- 410 -62 -00 -5409 00203682 11/23/10 5,860.41 MAINTENANCE- VEHICLES 02 HOUSING ON REAR OF ENGINE ** COMMENT ** INVOICE TOTAL: 5,860.41 025199 10/18/10 01 STREETS -CHECK STARTER 01- 410 -62 -00 -5409 11/23/10 759.28 MAINTENANCE- VEHICLES 02 OPERATION, LUBE & INSPECT ** COMMENT '* -11 -y_ DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 15:47 :47 DETAIL BOARD REPORT TD: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ILTRUCK ILLINOIS TRUCK MAINTENANCE, IN 025199 10/18/10 03 CHASSIS ** COMMENT ** 11/23/10 INVOICE TOTAL: 759.28 VENDOR TOTAL: 7,354.42 JSHOES J'S SHOE REPAIR 6355 -17 10/22/10 02 STREETS -BOOTS 01- 410 -62 -00 -5421 00204171 11/23/10 164.00 WEARING APPAREL INVOICE TOTAL: 164.00 VENDOR TOTAL: 164.00 JULIE JULIE, INC. 10 -10 -1814 10/31/10 01 WATER OP- OCTOBER LOCATES 51- 000 -61 -00 -5303 11/23/10 311.00 JULIE SERVICE INVOICE TOTAL: 311.00 VENDOR TOTAL: 311.00 KCRECORD KENDALL COUNTY RECORD 68- 103110 10/31/10 01 DEVELOPER ESCROW- ULTIMATE 90- 026 -26 -00 -0011 11/23/10 78.00 ESCROW - LEGAL 02 SPORTS SPECIAL USE AND ZOING ** COMMENT ** 03 DEVELOPER ESCROW - REZONING 90- 022 -22 -00 -0011 25.60 ESCROW - LEGAL 04 FOR CHRISTOPHERSON ** COMMENT ** 05 ADMIN -TAX LEVY PUBLIC NOTICE 01- 110 -65 -00 -5810 85.05 PUBLISHING & ADVERTISING INVOICE TOTAL: 188.65 VENDOR TOTAL: 188.65 KCSHERIF KENDALL COUNTY SHERIFF'S OFFIC 090213 11/05/10 01 PD CAPITAL - PORTION OF SALE OF 20- 000 -65 -00 -5840 11/23/10 7.50 SEIZED VEHICLES -12 -2- DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 15:47:47 DETAIL BOARD REPORT TD: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ KCSHERIF KENDALL COUNTY SHERIFF'S OFFIC 090213 11/05/10 02 SEIZED VEHICLE ** COMMENT ** 11/23/10 INVOICE TOTAL: 7.5C VENDOR TOTAL: 7.50 KCSTATTO KENDALL COUNTY STATES ATTORNEY 090213 11/05/10 01 PD CAPITAL - PORTION OF SALE OF 20- 000 -65 -00 -5840 11/23/10 52.50 SEIZED VEHICLES 02 SEIZED VEHICLE ** COMMENT ** INVOICE TOTAL: 52.50 VENDOR TOTAL: 52.50 KONICAMI KONICA MINOLTA BUSINESS 216119740 10/30/10 01 POLICE -COPY CHARGES 01- 210 -65 -00 -5809 11/23/10 16.91 PRINTING & COPYING INVOICE TOTAL: 16.91 216119741 10/30/10 01 ADMIN -COLOR COPY CHARGES 01- 110 -65 -00 -5809 11/23/10 703.56 PRINTING & COPYING 02 ADMIN -B &W COPY CHARGES 01- 110 -65 -00 -5809 86.79 PRINTING & COPYING INVOICE TOTAL: 790.35 216119792 10/30/10 01 WATER OP -COPY CHARGES 51- 000 -65 -00 -5809 11/23/10 6.07 PRINTING & COPYING INVOICE TOTAL: 6.07 216119793 10/30/10 01 POLICE -COPY CHARGES 01- 210 -65 -00 -5809 11/23/10 58.10 PRINTING & COPYING INVOICE TOTAL: 58.10 216119794 10/30/10 01 ENG -COLOR COPY CHARGES 01- 150 -65 -00 -5809 11/23/10 42.15 PRINTING & COPYING -13 -3- DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 15:47:47 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ KONICAMI KONICA MINOLTA BUSINESS 216119794 10/30/10 02 ENG -B &W COPY CHARGES 01- 150 -65 -00 -5809 11/23/10 36.51 PRINTING & COPYING 03 COMM /DEV -COLOR COPY CHARGES 01- 220 -65 -00 -5809 42.15 PRINTING & COPYING 04 COMM /DEV -B &W COPY CHARGES 01- 220 -65 -00 -5809 36.52 PRINTING & COPYING INVOICE TOTAL: 157.33 VENDOR TOTAL: 1,028.76 LENNAR LENNAR COMMUNITIES OF CHICAGO, 111510 11/15/10 01 SEWER OP- OFFSITE SANITARY 52- 200 -62 -00 -5463 11/23/10 30,996.00 LENNAR SEWER RECAPTURE 02 REIMBURSEMENT ** COMMENT k* INVOICE TOTAL: 30,996.00 VENDOR IOTAL: 30,996.00 MCHRCONC MATTHEW A. CHRISTENSEN 19 11/04/10 01 STREETS - SIDEWALK REPLACEMENT 01- 410 -75 -00 -7103 00102222 11/23/10 227.24 SIDEWALK CONSTRUCTION INVOICE TOTAL: 227.24 VENDOR TOTAL: 227.24 MCKIRGN RANDY MCKIRGAN 1010 10/05/10 01 STREETS -FUEL 01- 410 -65 -00 -5812 00204758 11/23/10 828.39 GASOLINE 02 WATER OP -FUEL 51- 000 -65 -00 -5812 828.39 GASOLINE 03 SEWER OP -FUEL 52- 000 -65 -00 -5812 828.39 GASOLINE 04 WATER OP- ENGINE OIL 51- 000 -62 -00 -5409 583.00 MAINTENANCE- VEHICLES -14 -4- DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 15:47:47 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MCKIRGN RANDY MCKIP,GAN 1010 10 /OS /10 05 SEWER OP -OIL 52- 000- 62 - -00 -5409 00204758 11/23/10 390.50 MAINTENANCE - VEHICLES 06 STREETS- GREASE 01- 410 -62 -00 -5409 43.20 MAINTENANCE- VEHICLES INVOICE TOTAL: 3,501.87 VENDOR TOTAL: 3,501.87 MENLAND MENARDS - YORKVILLE 33446 10 /11 /10 01 STREETS - MORTAR MIX 01- 410 -62 -00 -5420 11/23/10 13.52 MAINTENANCE -STORM SEWER INVOICE TOTAL: 13.52 3. 10/12/10 01 STREETS - MORTAR MIX 01- 410 -62 -00 -5420 11/23/10 6.76 MAINTENANCE -STORM SEWER INVOICE TOTAL: 6.76 35747 10/19/10 01 STREETS -STRAP HINGES, STUDS 01- 410- 65 -00 -5804 11/23/10 46.12 OPERATING SUPPLIES INVOICE TOTAL: 46.12 36134 10/21/10 01 STREETS - ADHESIVE, STUDS 01- 410 -65 -00 -5804 11/23/10 9.62 OPERATING SUPPLIES INVOICE TOTAL: 9.62 36379 10/22/10 01 STREETS - COUPLING, SCREW EYES, 01- 410 -65 -00 -5804 11123110 31.88 OPERATING SUPPLIES 02 HAND CLEANER ** COMMENT ** INVOICE TOTAL: 31.88 37093 10/25/10 01 STREETS- MANURE FORK O1- 410 -65 -00 -5804 11/23/10 23.94 OPERATING SUPPLIES INVOICE TOTAL: 23.94 37405 10/26/10 01 SEWER OP -DIRT DEVIL, PELLET 52- 000 -65 -00 -5802 11/23/10 24.95 OFFICE SUPPLIES -75 -5- DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 15:47:47 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MENLAND MENARDS - YORKVILLE 37405 10/26/10 02 BAIT ** COMMENT ** 11/23/10 INVOICE TOTAL: 24.95 37718 10/27/10 01 POLICE -BUG SPRAY, CAR WASH, 01- 210 -65 -00 -5804 11/23/10 10.46 OPERATING SUPPLIES 02 DRY CLEANERS SECRET ** COMMENT ** INVOICE TOTAL: 10.46 37741 10/27/10 01 POLICE - FABRIC SOFTNER 01- 210 -65 -00 -5804 11/23/10 4.27 OPERATING SUPPLIES INVOICE TOTAL: 4.27 39243 11/03/10 01 WATER OP -HOSE CLAMPS 51- 000 -65 -00 -5804 11/23/10 2.64 OPERATING SUPPLIES INVOICE TOTAL: 2.64 39614 11/04/10 01 WATER OP- SIDEBOARDS FOR 51- 000 -62 -00 -5409 11/23/10 181.92 MAINTENANCE - VEHICLES 02 DUMPTRUCK ** COMMENT ** INVOICE TOTAL: 181.92 39624 11/04/10 01 WATER OP -FAINT MIXERS, PAINT 51- 000 -65 -00 -5804 11/23/10 8.37 OPERATING SUPPLIES 02 TRAYS ** COMMENT ** INVOICE TOTAL: 3.37 39660 11/04/10 01 POLICE - CLOROX WIPES 01- 210 -65 -00 -5804 11/23/10 11.98 OPERATING SUPPLIES INVOICE TOTAL: 11.98 39750 11/05/10 01 SEWER OP- MERCHANDISE RETURN 52- 000 -65 -00 -5802 11/23/10 -19.98 OFFICE SUPPLIES 02 CREDIT ** COMMENT "* INVOICE TOTAL: -19.98 DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 15:47:47 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MENLAND MENARDS - YORKVILLE 39751 -10 11/05/10 01 SEWER OP -CHUNX 52- 000 -62 -00 -5422 11/23/10 8.88 LIFT STATION MAINTENANCE INVOICE TOTAL: 8.88 39776 11/05 /10 01 STREETS -MASKS 01- 410 -65 -00 -5804 11/23/10 17.87 OPERATING SUPPLIES INVOICE TOTAL: 17.87 40612 11/08/10 01 POLICE - CLOROX WIPES, BLEACH 01- 210 -65 -00 -5804 11/23/10 9.96 OPERATING SUPPLIES INVOICE TOTAL: 9.96 VENDOR TOTAL: 393.16 METIND METROPOLITAN INDUSTRIES, INC. 0000237878 10/31/10 01 SEWER OP- TRANSDUCTOR 52- 000 -62 -00 -5422 00204778 11/23/10 1,133.20 LIFT STATION MAINTENANCE INVOICE TOTAL: 1,133.20 VENDOR TOTAL: 1,133.20 MIDAM MID AMERICAN WATER 64464A -1 10/29/10 01 WATER OP- COUPLING 51- 000 -65 -00 -5804 11/23/10 275.12 OPERATING SUPPLIES INVOICE TOTAL: 275.12 VENDOR TOTAL: 275.12 MJELECT MJ ELECTRICAL SUPPLY, INC. 1116478 -01 11/05/10 01 WATER OP -BULBS 51- 000 -65 -00 -5804 11/23/10 21.00 OPERATING SUPPLIES INVOICE TOTAL: 21.00 1118202 -01 10/14/10 01 STREETS -BULBS 01- 410 -62 -00 -5414 11/23/10 243.25 MAINTENANCE- TRAFFIC SIGNAL INVOICE TOTAL: 243.25 -17 -7- DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 15:47:47 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MJELECT MJ ELECTRICAL SUPPLY, INC. 1118202 -02 10/20/10 01 STREETS -BULBS 01- 410 -62 -00 -5414 11/23/10 173.75 MAINTENANCE - TRAFFIC SIGNAL INVOICE TOTAL: 1_ 1118456 -00 10/12/10 01 STREETS -BULBS O1- 410 -62 -00 -5415 11/23/10 52.50 MAINTENANCE- STREET LIGHTS INVOICE TOTAL: 52.50 1118533 -00 10/15/10 01 STREETS- BULBS, PHOTOCONTROL 01- 410 -62 -00 -5415 11/23/10 150.00 MAINTENANCE - STREET LIGHTS INVOICE TOTAL: 150.00 1118533 -01 10/20/10 01 STREETS -BULBS 01- 410 -62 -00 -5415 11/23/10 175.00 MAINTENANCE - STREET LIGHTS INVOICE TOTAL: 175.00 1118584 -00 10/20/10 01 STREETS - BALLAST KIT 01- 410 -62 -00 -5415 11/23/10 165.00 MAINTENANCE- STREET LIGHTS INVOICE TOTAL: 165.00 1118687 -01 11/02/10 01 STREETS - WIRE 01- 410 -62 -00 -5415 11/23/10 6.90 MAINTENANCE- STREET LIGHTS INVOICE TOTAL: 6.90 1113837 -00 11/02/10 01 STREETS -BULBS 01- 410 -62 -00 -5416 11/23/10 33.00 MAINTENANCE PROPERTY INVOICE TOTAL: 33.00 VENDOR TOTAL: 1,020.40 NICOR NICOR GAS 00 -41 -22 -8748 4 -1110 11/03/10 01 ADMIN -110' PRAIRIE LANE 01- 110 - -00 -9002 11/23/10 41.29 NICOR GAS INVOICE TOTAL: 41.29 -78 -8- DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 15:47:47 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ NICCR NICOR GAS 15 -41 -50 -1000 6 -1110 11/03/10 01 ADMIN -804 GAME FARM RD 01 -- 110 -78 -00 -9002 11/23/10 161.74 NICOR GAS INVOICE TOTAL: 161.74 15 -64 -61 -3532 5 -1110 11/03/10 01 ADMIN -1991 CANNONBALL TRAIL 01- 110 -78 -00 -9002 11/23/10 36.99 NICOR GAS INVOICE TOTAL: 36.99 20 -52 -56 -2042 1 -1110 11/04/10 01 ADMIN -420 FAIRHAVEN DR 01- 110 -78 -00 -9002 11/23/10 82.12 NICOR GAS INVOICE TOTAL: 82.12 23 -45 -91 -4862 5 -1110 11 /01 /10 01 ADMIN -101 BRUELL STREET 01- 110 -78 -00 -9002 11/23/10 88.85 NICOR GAS INVOICE TOTAL: 88.85 31 -61 -67 -2493 1 -1110 11/03/10 01 ADMIN -276 WINDHAM CIRCLE 01- 110 -78 -00 -9002 11/23/10 35.59 NICOR GAS INVOICE TOTAL: 35.59 45 -12 -25 -4081 3 -1110 10/29/10 01 ADMIN -201 HYDRAULIC STREET 01- 110 -78 -00 -9002 11/23/10 87.97 NICOR GAS INVOICE TOTAL: 87.97 46 -69 -47 -6727 1 -1110 11/03/10 01 ADMIN -1975 BRIDGE STREET 01- 110 -78 -00 -9002 11/23/10 90.85 NICOR GAS INVOICE TOTAL: 90.85 49 -25 -61 -1000 5 -1110 10/29/10 01 ADMIN -1 VAN EMMON RD 01- 110 -78 -00 -9002 11/23/10 61.77 NICOR GAS INVOICE TOTAL: 61.77 66 -70 -44 -6942 9 -1110 11/04/10 01 ADMIN -100 RAINTREE RD 01- 110 -78 -00 -9002 11/23/10 89.43 NICOR GAS INVOICE TOTAL: 89.43 -19 -9- DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 15:47:47 DETAIL BOARD REPORT TD: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ NICOR NTCOR GAS 77 -35 -71 -1000 4 -1110 11/03/10 01 ADMIN -131 E. HYDRAULIC STREET 01- 110 -78 -00 -9002 11/23/10 66.84 NICOR GAS INVOICE TOTAL: 66.84 VENDOR TOTAL: 843.44 OFFWORK OFFICE WORKS 181457 11/04/10 01 ADMIN - SIGNATURE STAMP 01- 110 -65 -00 -5802 11/23/10 25.66 OFFICE SUPPLIES INVOICE TOTAL: 28.66 VENDOR TOTAL: 28.66 OHERROND RAY O'HERRON COMPANY, INC. 0029717 -IN 11/08/10 01 POLICE - SHIRT, SERVICE BARS 01- 210 -62 -00 -5421 11/23/10 48.90 WEARING APPAREL INVOICE TOTAL: 48.90 VENDOR TOTAL: 48.90 ORRK KATHLEEN FIELD ORR & ASSOC. 13311 11/09/10 01 ADMIN- GENERAL LEGAL MATTERS 01- 110 -61 -00 -5302 11/23/10 4,162.50 CORPORATE COUNCIL 02 ADMIN - KENDALL MARKETPLACE 01- 110 -61 -00 -5302 2,571.50 CORPORATE COUNCIL 03 MATTERS ** COMMENT ** 04 ADMIN - MEETINGS 01- 110- 61 -00- 5302 500.00 CORPORATE COUNCIL 05 DEVELOPER ESCROW- ULTIMATE 90- 026 -26 -00 -0011 92.50 ESCROW - LEGAL 06 SPORTS BAR MATTERS ** COMMENT ** 07 DEVELOPER ESCROW- 90- 022 -22 -00 -0011 37.00 ESCROW - LEGAL 08 CHRISTOFFERSON MATTERS ** COMMENT ** -20 -0- DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 15:47:47 DETAIL BOARD REPORT TD: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ORRK KATHLEEN FIELD ORR & ASSOC. 13311 11/09/10 09 DEVELOPER ESCROW- WRIGLEY 90- 024 -24 -00 -0011 11/23/10 249.75 ESCROW - LEGAL 10 GUARD BUILDING MATTERS ** COMMENT ** INVOICE TOTAL: 7,613.25 13312 11/09/10 01 ADMIN - KENCOM LEGAL MATTERS 01- 110 -61 -00 -5302 11/23/10 1,896.25 CORPORATE COUNCIL INVOICE TOTAL: 1,896.25 VENDOR TOTAL: 9,509.50 PARADISE PARADISE CAR WASH 221960 11 /01 /10 01 POLICE - OCTOBER CAR WASHES 01- 210 -62 -00 -5409 11/23/10 67.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 67.00 VENDOR TOTAL: 67.00 PATTEN PATTEN INDUSTRIES, INC. PM600189211 10/29/10 01 SEWER OP- TROUBLESHOOT COOLING 52- 000 -62 -00 -5422 11/23/10 466.50 LIFT STATION MAINTENANCE 02 SYSTEM AND TIGHTENED FITTINGS ** COMMENT ** 03 FOR HEATER RETURN ** COMMENT ** INVOICE TOTAL: 466.50 VENDOR TOTAL: 466.50 PITNEYBO PITNEY BOWES INC 5501440180 10/22/10 01 ADMIN -RED INK CARTRIDGE 01- 110 -65 -00 -5802 11/23/10 67.99 OFFICE SUPPLIES INVOICE TOTAL: 67.99 VENDOR TOTAL: 67.99 PUBSAFDI PUBLIC SAFETY DIRECT, INC _27_x_ DATE: 11 /18 /10 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 15:47 :47 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ PUBSAFDI PUBLIC SAFETY DIRECT, INC 21600 11/17/10 01 POLICE- REPLACED MICROPHONE, 01- 210 -62 -00 -5408 11/23/10 189.99 MAINTENANCE - EQUIPMENT 02 CLEANED ANTENNA CONTACTS ON ** COMMENT ** 03 ROOF AND RADIO BACK ** COMMENT ** INVOTCE TOTAL: 189.99 21611 11/24/10 01 POLICE - REMOVED UHF RADIO, 01- 210 -62 -00 -5408 11/23/10 95.00 MAINTENANCE - EQUIPMENT 02 INSTALLED INTO CONSOLE ** COMMENT ** INVOICE TOTAL: 95.00 VENDOR TOTAL: 284.99 QUILL QUILL CORPORATION 8954001 10/28/10 01 POLICE -TYPE WRITER TAPE, FILE 01- 210 -65 -00 -5802 11/23/10 112.08 OFFICE SUPPLIES 02 FOLDERS, INK CARTRIDGE ** COMMENT ** INVOICE TOTAL: 112.08 9108660 11/04/10 01 POLICE -MEMO BOOKS 01- 210 -65 -00 -5802 11/23/10 14.38 OFFICE SUPPLIES INVOICE TOTAL: 14.38 VENDOR TOTAL: 126.46 R0000594 BRIAN BETZWISER 120110 11/15/10 01 PW CAPITAL - DECEMBER WOLF 21- 000 -75 -00 -7110 11/23/10 6,857.92 PW BUILDING PAYMENT 02 STREET PAYMENT ** COMMENT ** INVOICE TOTAL: 6,857.92 VENDOR TOTAL: 6,857.92 R0000836 RICHARD BOUCHER 111010 11 /10 /10 01 ADMIN- OVERPAYMENT ON FINAL 01- 000 -13 -00 -1371 11/23/10 30.28 A /R- CUSTOMER -22 -9- DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 15:47:47 DETAIL BOARD REPORT ID: AP441000_WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT R0000836 RICHARD BOUCHER 111010 11 /10 /10 02 WATER BILL FOR ACCOUNT ** COMMENT ** 11/23/10 03 #0103257040 -02 *` COMMENT ** INVOICE TOTAL: 30.28 VENDOR TOTAL: 30.28 R0000837 SHARON PETERSON 110510 11/05 /10 01 WATER PO- REFUND OF OVERPAYMENT 51- 000 -13 -00 -1371 11/23/10 17.48 A/R - CUSTOMER 02 ON FINAL WATER BILL FOR ** COMMENT ** 03 0105111600 -00 ** COMMENT ** INVOICE TOTAL: 17.48 VENDOR TOTAL: 17.48 R0000838 ALGIRDAS JAKSTYS 102910 10/29/10 01 STREETS - SIDEWALK REPLACEMENT 01- 410 -75 -00 -7103 11/23/10 97.50 SIDEWALK CONSTRUCTION 02 PROGRAM REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 97.50 VENDOR TOTAL: 97.50 R00008399 LISA WHITT 102910 10/29/10 01 STREETS - SIDEWALK REPLACEMENT 01- 410 -75 -00 -7103 11/23/10 316.80 SIDEWALK CONSTRUCTION 02 PROGRAM REIMBURSEMENT ** COMMENT INVOICE TOTAL: 316.80 VENDOR TOTAL: 316.80 R0000840 CARYN MACEK 110910 11/09/10 01 STREETS - SIDEWALK REPLACEMENT 01- 410 -75 -00 -7103 11/23/10 97.50 SIDEWALK CONSTRUCTION DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 24 TIME: 15:47:47 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT R0000840 CARYN MACEK 110910 11/09/10 02 PROGRAM REPLACEMENT ** COMMENT *x 11/23/10 INVOICE TOTAL: 97.50 VENDOR TOTAL: 97.50 R0000041 HEIDI ERICKSON 103010 11 /10 /10 01 ADMIN - BEECHER DEPOSIT REFUND 01- 000- 21- 00 -211C 11/23/10 50.00 DEPOSITS PAYABLE INVOICE TOTAL: 50.00 VENDOR TOTAL: 50.00 R0000842 MARIA CAMPOS 103010 11 /10 /10 01 ADMIN - BEECHER DEPOSIT REFUND 01- 000 -21 -00 -2110 11/23/10 400.00 DEPOSITS PAYABLE INVOICE TOTAL: 400.00 VENDOR TOTAL: 400.00 R0000843 ROBERT FRIEDERS FARM 87 10/19/10 01 STREETS -12 BALES OF STRAW 01- 410 -62 -00 -5420 11/23/10 48.00 MAINTENANCE -STORM SEWER INVOICE TOTAL: 48.00 VENDOR TOTAL: 48.00 RIVRVIEW RIVERVIEW FORD C24833 10/14/10 01 STREETS - REPLACED ALTERNATOR 01- 410 -62 -00 -5409 11/23/10 108.00 MAINTENANCE - VEHICLES 02 ASSY. ** COMMENT �* INVOICE TOTAL: 108.00 VENDOR TOTAL: 108.00 RUSITYORK RUSH - COPLEY HEALTHCARE -24 -4- DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 25 TIME: 15:47:47 DETAIL BOARD REPORT TD: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ RUSITYORK RUSH- COPLEY HEALTHCARE 2938 11/02/10 01 ENG -DRUG TESTING 01- 150 -62 -00 -5401 11/23/10 45.00 CONTRACTUAL SERVICES INVOICE TOTAL: 45.00 VENDOR TOTAL: 45.00 SMTECOSY SMITH ECOLOGICAL SYSTEMS INC. 14271 10/14/10 01 WATER OP- DIAPHRAGM, 0- RINGS, 51- 000 -62 -00 -5407 11/23/10 146.92 TREATMENT FACILITIES 0 &M 02 FELT PAD, HALE' UNION ** COMMENT ** INVOICE TOTAL: 146.92 14294 10/25/10 01 WATER OP- ROTOMETER, POLY 51- 000 -62 -00 -5407 11/23/10 172.78 TREATMENT FACILITIES O &M 02 TUBING ** COMMENT ** INVOICE TOTAL: 172.78 VENDOR TOTAL: 319.70 SPARLING SPARLING INSTRUMENTS, INC. 2716501 11/04/10 01 WATER OP- GASKETS 51- 000 -62 -00 -5407 11/23/10 140.03 TREATMENT FACILITIES O &M INVOICE TOTAL: 140.03 VENDOR TOTAL: 140.03 STREICH STREICHERS T782457 10/27/10 01 POLICE -2 PAIRS OF BOOTS 01- 210 -62 -00 -5421 11/23/10 329.00 WEARING APPAREL INVOICE TOTAL: 329.00 1784781 11/04/10 01 POLICE -2 PAIRS OF BOOTS 01- 210 -62 -00 -5421 11/23/10 310.98 WEARING APPAREL INVOICE TOTAL: 310.98 -25 -5- DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 26 TIME: 15:47:47 DETAIL BOARD REPORT TD: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ STRETCH STREICHERS !785248 11/06/10 01 POLICE -3 POLO SHIRTS 01- 210 -62 -00 -5421 11/23/10 59.98 WEARING APPAREL INVOICE TOTAL: 59.98 VENDOR TOTAL: 699.96 TRAFFIC TRAFFIC CONTROL CORPORATION 0000045688 10/26/10 01 STREETS - REPAIR 01- 410 -62 -00 -5414 11/23/10 600.00 MAINTENANCE- TRAFFIC SIGNAL INVOICE TOTAL: 600.00 VENDOR TOTAL: 600.00 TUFFY TUFFY AUTO SERVICE CENTER 19641 11 /01 /10 01 POLICE -OIL CHANGE 01- 210 -62 -00 -5409 11/23/10 25.95 MAINTENANCE - VEHICLES INVOICE TOTAL: 25.95 19 " 160 11/08/10 01 POLICE -OIL CHANGE 01- 210 -62 -00 -5409 11/23/10 29.95 MAINTENANCE - VEHICLES INVOICE TOTAL: 29.95 19774 11/09/10 01 POLICE -OIL CHANGE 01- 210 -62 -00 -5409 11/23/10 25.95 MAINTENANCE - VEHICLES INVOICE TOTAL: 25.95 VENDOR TOTAL: 81.85 UPS UNITED PARCEL SERVICE 00004296X2430 10/23/10 01 ADMIN -1 PKG. TO KFO 01- 110 -65 -00 -5808 11/23/10 40.95 POSTAGE & SHIPPING INVOICE TOTAL: 40.95 00004296X2440 10/30/10 01 ADMIN -1 PKG. TO GARDINER LEGAL 01- 110 -65 -00 -5808 11/23/10 40.95 POSTAGE & SHIPPING INVOICE TOTAL: 40.95 -26 -6- DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 27 TIME: 15:47:47 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ UPS UNITED PARCEL. SERVICE 00004296X2450 11/06/10 01 ADMIN -1 PKG. TO KFO 01- 110 -65 -00 -5808 11/23/10 23.64 POSTAGE & SHIPPING 02 WATER OP -1 PKG. TO ARRO LABS, 51- 000 -65 -00 -5808 65.40 POSTAGE & SHIPPING 03 1 PKG. TO ILLINOIS EPA LABS ** COMMENT ** INVOICE TOTAL: 89.04 VENDOR TOTAL: 170.94 VEOLIA VEOLIA ES SOLID WASTE MIDWEST TO 598716 10/25/10 01 HEALTH & SANITATION - OCTOBER 01- 540 -62 -00 -5442 11/23/10 98,235.09 GARBAGE SERVICES 02 SERVICE ** COMMENT INVOICE TOTAL: 98,235.09 VENDOR TOTAL: 98,235.09 WALUENS WALDEN'S LOCK SERVICE 11426 10/15/10 01 POLICE -3 KEYS 01- 210 -65 -00 -5804 11/23/10 64.80 OPERATING SUPPLIES INVOICE TOTAL: 64.80 11478 11/03/10 01 POLICE -3 KEYS 01- 210 -65 -00 -5804 11/23/10 5.85 OPERATING SUPPLIES INVOICE TOTAL: 5.85 VENDOR TOTAL: 70.65 WARDC TINA C WARD 083110 09/23/10 01 FINANCE - OVERPAYMENT CREDIT FOR 01- 120 -62 -00 -5401 11/23/10 202.50 CONTRACTUAL SERVICES 02 PRIOR BILL ** COMMENT t* INVOICE TOTAL: - 202.50 103110 11/03/10 01 FINANCE- SEPTEMBER AND OCTOBER 01- 120 -62 -00 -5401 11/23/10 1,642.50 CONTRACTUAL SERVICES -27 -7- DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 28 TIME: 15:47 :47 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ WARDC TINA C WARD 103110 11/03/10 02 AUDIT AND CONSULTING SERVICES ** COMMENT ** 11/23/10 INVOICE TOTAL: 1,642.50 VENDOR TOTAL: 1,440.00 WHOLTIRE WHOLESALE TIRE 135456 11 /08 /10 01 POLICE -COIL SPRING 01- 210 -62 -00 -5409 11/23/10 153.67 MAINTENANCE - VEHICLES INVOICE TOTAL: 153.67 VENDOR TOTAL: 153.67 WILDATRY WILDMAN, HARROLD, ALLEN & 435308 10/28/10 01 ADMIN -LOCAL SITING ENGAGEMENT 01- 110 -61 -00 -5300 11/23/10 5,174.60 SPECIAL COUNSEL INVOICE TOTAL: 5,174.60 VENDOR TOTAL: 5,174.60 YBSD YORKVILLE BRISTOL OCT10 11 /10 /10 01 TRUST & AGENCY - OCTOBER 95- 000 -78 -00 -9008 11/23/10 275,613.75 YBSD PAYMENTS 02 SANITARY FEES ** COMMENT ** INVOICE TOTAL: 275,613.75 VENDOR TOTAL: 275,613.75 YORKACE YORKVILLE ACE & RADIO SHACK 134453 09/28/10 01 WATER OP- INVERTER FOR UB DRIVE 51- 000 -65 -00 -5804 11/23/10 131.19 OPERATING SUPPLIES 02 BY READER ** COMMENT ** INVOICE TOTAL: 131.19 134847 10/13/10 01 STREETS- SCREWS, WASHERS 01- 410- 65 -00 -5604 11/23/10 1.05 OPERATING SUPPLIES INVOICE TOTAL: 1.05 VENDOR TOTAL: 132.24 -28 -8- DATE: 11 /18 /10 UNITED CITY OF YORKVILLE PAGE: 29 TIME: 15:47:47 DETAIL BOARD REPORT ID: AP441.000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT YORKECON YORKVILLE ECONOMIC DEV 4657 11/04/10 01 ADMIN - ANNUAL MEETING 01- 110 -64 -00 -5604 11;23/10 100.00 TRAINING & CONFERENCES 02 ATTENDANCE FOR 2 PEOPLE ** COMMENT ** INVOICE TOTAL: 100.00 VENDOR TOTAL: 100.00 YORKLIBR YORKVILLE PUBLIC LIBRARY 103110- DEVELOP 11 /01 /10 01 TRUST & AGENCY -AUG. - OCT. 95- 000 -78 -00 -9009 11/23/10 6 LIBRARY DEV FEE PAYMENTS 02 DEVELOPMENT FEES ** COMMENT ** INVOICE TOTAL: 6,850.00 VENDOR TOTAL: 6,850.00 YORKNAPA YORKVILLE NAPA AUTO PARTS 937350 10/01/10 01 STREETS- VACUUM TUBING, BRAKE 01- 410 -62 -00 -5409 11/23/10 15.41 MAINTENANCE - VEHICLES 02 FLUID ** COMMENT ** INVOICE TOTAL: 15.41 937726 10/05/10 01 STREETS -FUEL FILTER, OIL 01- 410 -62 -00 -5408 11/23/10 33.47 MAINTENANCE - EQUIPMENT 02 FILTER ** COMMENT - 1NVOICE TOTAL: 33.47 937751 10/05/10 01 STREETS -AIR FILTERS 01- 410 -62 -00 -5408 11/23/10 58.36 MAINTENANCE- EQUIPMENT INVOICE TOTAL: 58.36 937783 10/05/10 01 ENG -TAIL LAMP 01- 150 -62 -00 -5409 11/23/10 2.35 MAINTENANCE- VEHICLES INVOICE TOTAL: 2.35 938137 10/07/10 01 POLICE- HEADLIGHT BULB 01- 210 -62 -00 -5409 11/23/10 38.37 MAINTENANCE - VEHICLES INVOICE TOTAL: 38.37 -29 -9- DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 30 TIME: 15:47:47 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT YOP.KNAPA YORKVILLE NAPA AUTO PARTS 938197 10/08/10 01 SEWER OP -AIR FILTER 52- 000 -62 -00 -5422 11/23/10 29.16 LIFT STATION MAINTENANCE INVOICE TOTAL: 29.16 938463 10 /11 /10 01 POLICE -BULB 01- 210 -62 -00 -5409 11/23/10 7.98 MAINTENANCE - VEHICLES INVOICE TOTAL: 7.98 938529 10 /11 /10 01 POLICE -OIL 01- 210 -62 -00 -5409 11/23/10 13.99 MAINTENANCE - VEHICLES INVOICE TOTAL: 13.99 939297 10/18/10 01 STREETS -OIL FILTER, AIR 01- 410 -62 -00 -5409 11/23/10 120.77 MAINTENANCE- VEHICLES 02 FILTER, FUEL FILTERS ** COMMENT ** INVOICE TOTAL: 120.77 939322 10/18/10 01 STREETS -AIR FILTER 01- 410 -62 -00 -5408 11/23/10 15.38 MAINTENANCE - EQUIPMENT INVOICE TOTAL: 15.38 939458 10/19/10 01 SEWER OP- HEATER HOSE 52- 000 -62 -00 -5422 11/23/10 4.00 LIFT STATION MAINTENANCE INVOICE TOTAL: 4.00 939504 10/19/10 01 STREETS -MARK LAMP 01- 410 -62 -00 -5409 11/23/10 8.69 MAINTENANCE - VEHICLES INVOICE TOTAL: 8.69 939666 10121110 01 STREETS -OIL FILTERS, SOLVENT 01- 410 -62 -00 -5409 11 /23/10 52.07 MAINTENANCE- VEHICLES INVOICE TOTAL: 52.C7 939668 10121110 Cl STREETS -AIR FILTERS 01- 410 -62 -00 -5409 11/23/10 278.35 MAINTENANCE - VEHICLES INVOICE TOTAL: 278.35 -30-m- DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 31 TIME: 15:47:47 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YORKNAPA YORKVILLE NAPA AUTO PARTS 939748 10/21/10 01 SEWER OP -LIFT STATION PART 52 -- 000 -62 -00 -5422 11/23/10 5.89 LIFT STATION MAINTENANCE INVOICE TOTAL: 5.89 939765 10121110 01 STREETS -OIL FILTERS, FUEL 01- 410 -62 -00 -5409 11/23/10 108.33 MAINTENANCE- VEHICLES 02 FILTERS ** COMMENT - INVOICE TOTAL: 108.33 939766 10/21/10 01 STREETS -OIL FILTERS, FUEL 01- 410 -62 -00 -5409 11/23/10 311.97 MAINTENANCE- VEHICLES 02 FILTERS ** COMMENT ** INVOICE TOTAL: 31_1.97 939884 10/22/10 01 STREETS - COUPLERS 01- 410 -62 -00 -5408 11/23/10 11.09 MAINTENANCE - EQUIPMENT INVOICE TOTAL: 11.09 940075 10/25/10 01 WATER OP -OIL FILTER 51- 000 -62 -00 -5409 11/23/10 4.94 MAINTENANCE- VEHICLES INVOICE TOTAL: 4.94 940568 10/28/10 01 STREETS -OIL DRI 01- 410 -65 -00 -5804 11/23/10 45.60 OPERATING SUPPLIES INVOICE TOTAL: 45.60 VENDOR TOTAL: 1,166.17 YORKPDPC YORKVILLE POLICE DEPT. 111010 11 /10 /10 01 POLICE -MONEY ORDER FOR NOTARY 01- 210 -65 -00 -5804 11/23/10 10.00 OPERATING SUPPLIES 02 RENEWAL ** COMMENT ** INVOICE TOTAL: 10.0000 VENDOR TOTAL: 10.00 -37 -1- DATE: 11/18/10 UNITED CITY OF YORKVILLE PAGE: 32 TIME: 15:47:47 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON /BEFORE 11/23/2010 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ YORKPOST YORKVILLE POSTMASTER 111010 11 /10 /10 01 WATER OP- OCTOBER 31 UTILITY 51- 000 -65 -00 -5808 11/23/10 250.00 POSTAGE & SHIPPING 02 PENALTY BILL POSTAGE ** COMMENT �* INVOICE TOTAL: 250.00 VENDOR TOTAL: 250.00 YORKPR YORKVILLE PARK & RECREATION 103110- DEVELOP 11 /01 /10 01 TRUST & AGENCY -AUG. - OCT. 95- 000 -78 -00 -9012 11/23/10 650.00 PARKS /REC CAPITAL PAYMENTS 02 DEVELOPMENT FEES ** COMMENT ** INVOICE TOTAL: 650.00 VENDOR TOTAL: 650.00 YORKSCHO YORKVILLE SCHOOL DIST #115 103110 -LC 11 /01 /10 01 TRUST & AGENCY -AUG. - OCT. 95- 000 -78 -00 -9011 11/23/10 12,738.24 SCHOOL LAND CASH PMTS 02 LANDCASH ** COMMENT ** INVOICE TOTAL: 12,738.24 VENDOR TOTAL: 12,738.24 YOUNGM MARLYS J. YOUNG 100510 10/26/10 01 ADMIN- OCTOBER 5 MEETING 01- 110 -62 -00 -5401 11/23/10 41.25 CONTRACTUAL SERVICES 02 MINUTES ** COMMENT ** INVOICE TOTAL: 41.25 VENDOR TOTAL: 41.25 TOTAL ALL INVOICES: 629,467.33 -32 -2- UNITED CITY OF YORKVILLE PAYROLL SUMMARY 1 41/6/2010 REGULAR OVERTIME TOTAL IMRF S. SECURITY TOTALS ADMINISTRATION 10,110.01 0.00 10,110.01 923.06 719.66 11,752.73 FINANCE 8,646.70 0.00 8,646.70 789.45 667.94 10,104.09 COMMUNITY REL. 2,500.00 0.00 2,500.00 228.25 147.15 2,875.40 ENGINEERING 10,380.55 0.00 10,380.55 947.74 763.03 12,091.32 POLICE 77,067.31 2,176.08 79,243.39 553.21 5,806.67 85,603.27 COMMUNITY DEV. 11,385.10 0.00 11,385.10 1,039.45 823.43 13,247.98 STREETS 11,550.33 371.43 11,921.76 1,088.46 888.92 13,899.14 WATER 13,138.54 202.08 13,340.62 1,218.01 971.18 15,529.81 SEWER 9,018.90 0.00 9,018.90 823.42 655.45 10,497.77 PARKS 13,580.30 0.00 13,580.30 1,233.86 1,001.16 15,815.32 RECREATION 12,207.20 0.00 12,207.20 901.81 918.86 14,027.87 REC. CENTER 9,438.93 0.00 9,438.93 410.29 716.31 10,565.53 LIBRARY 20,189.48 0.00 20,189.48 845.56 1,519.27 22,554.31 TOTALS 209,213.35 2,749.59 211,962.94 11,002.57 15,599.03 238,564.54 TOTAL PAYROLL 11/6/2010 238,564.54 TOTAL INVOICES 11/23/2010 629,467.33 TOTAL DISBURSEMENTS 868,031.87 -33 -3- Reviewed By: Agenda Item Number Legal ❑ Mayor #1 EST. 1636 Finance ❑ Engineer ❑ Tracking Number -4 City Administrator ❑ 2 0 Consultant ❑ SCE ��' ■ CC 2010 -85 Mayor Agenda Item Summary Memo Title: Appointments to Cultural Commission Meeting and Date: City Council 11/23/10 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Mayor Burd Name Department Agenda Item Notes: United City of Yorkville 800 Game Farm Road M 1838 Yorkville, Illinois 60560 �` Telephone: 630 -553 -4350 � [4 C.1- o` Fax. 630 -553 -7575 trE � Website: www.yorkville.il.us United City of Yorkville Commission & Committee Application To be considered for a commission or committee, please complete this application and return to the attention of the Deputy Clerk at the address listed above. Name iG-r ��1 Address �o r.�li S �C � Cc'� Can Phone: Hom Work Cell Emai Subdivision Please indicate the Commission/Committee(s) that you would like to participate on: [ ] Adhoe Committee on Senior Issues [ ] Park Board �) C�� -+rO� f C-r +s [ ] Fire and Police Commission [ ] Plan Commission -�, [ ] Human Resources Commission [ ] Yorkville Green Committee [ ] Library Board [ ] Zoning Board of Appeals The following questions help in selection of committee members. 1. Indicate your experience (personal and/or work) that will help you in serving the residents of the United City of Yorkville. - - r 60 e— ti �S +C v `t" w r rr, r 1 $ t. c— 5 . 2 1. „��-► ( uc rrt Ze �-r` `t" Eri �^ � b , -(- �' cs,�.... I ` k �..r k F K t� •, C (v t FK �J . � r- �v5� v rr.. Zr- rn f t� f ----� 2. Why do you want to serve on a Commission/Committee for the United City of Yorkville aC'` d\ o� rF.nfi, Thmsk you for your interest in being apart of the development of the Untded City of Yorkville! It is the policy of the United City of Yorkville to promote nondiscriminatory practices in its hiring, and its contractual undertakings. It is the policy of the City to conform with all aspects of Federal Civil Rights legislation including the Equal Employment Opportunity Act and all Slate Civil Rights Legislation. I understand that as part of the process of being considered, it is the City's policy to perform a cursory background investigat non anyone Ying considered for appointment to one of the commissions or committees. 1L1aU /a Signature Applicant Date Foroir" use only: Date Rocolved '� initials_ i I Ga Schirmer EDUCATION May 1991 M.F.A. painting, Southern Illinois University at Carbondale Carbondale, Illinois May 1978 B.A. studio art / painting, Minor / graphic arts technology Northern Illinois University, DeKalb, Illinois PROFESSIONAL EXPEREENCE 1993 -2010 Art Instructor, College of Dupage, Glen Ellyn IL Joliet Junior College, Joliet Illinois, Northeastern Illinois University, Chicago Illinois / Courses taught: Beginning through Advanced Drawing, Beginning through Advanced Painting, Beginning through Advanced Life Drawing, Beginning through Advanced 2 -D Design Awarded . "Outstandine Part -Time Facultv Award 2004" Jan. 1996- Freelance scenic artist for film production industry / Present Clients and Projects include: WTTW Channel 11 Chicago: Illinois Arts Council Awards 2001 Golden Apple Awards 2000,2001,2002 2000 Presidential Campaign Check Please, Soundstage Freelance Illustration: Documentary "Prairie Tides; The Story of the I &M Canal" Wisconsin Humane Society, Milwaukee, WI Freelance Photographer, Fine Art Documentation: Publications include: Ceramics Monthlv Magazine Metals Magazine Kunst Aus Illinois / USA a publication of Southem Illinois University 1991 Freelance Art Instruction, various workshops taught and organized in painting, drawing, life drawing, printmaking. Contract Woodworker, cabinetry, picture framing, display June 1995- Curator and facilitator for art exhibits, for alternative venues Chicago / Oct. 1999 freelance May 1993 - Set and Scenic Designer , Builder / Faux and Scenic Painter/ Dec. 1996 Shop Manager and Dept. Head, Pirrello -Perri Photographics, Chicago, IL Feb. 1985- Exhibit Production and Development, Field Museum of Natural History July 1988 Chicago, IL GARY SCMRM ER EXIFIIBIT HISTORY Selected One - Person Exhibitions May 2008 Earthworks, Fermi National Accelerator, Batavia, IL Nov. 2007 Plat Grounds. Dekalb Gallery. Dekalb,IL Feb. 2007 Re- viewine the Text, Lane Allen, Batavia, IL Mar.2006 Naked People — The House, Dekalb, IL Aug. 2006 Landscapes. Green Otter Gallery, Walden, CO Mar. 2002 Around the I mo, Villa Terrace Museum of Art, Milwaukee, WI Mar. 2001 iworks Gallery, 500 N. Michigan Ave. Chicago, IL. Nov. 2000 Cvbernotics_ Gallery 282.5, 2$28 N. Milwaukee Ave. Chicago, IL May 1998 Bxtem norary Dialecto, Shabes Gallery, 3810 N. Clark, Chicago, IL. Nov. 1997 Antedated Foresiehts , Uncommon Ground, Chicago,IL. July 1996 Naked People, Chicago, 11— public space April 1992 Came Pascuum Glen Ellyn, IL., public space May 1991 M.FA. Thesis Exhibition, Southern Illinois University, Carbondale, IL. May 1990 Boa Di e 'cu. Vergeite Gallery, S.LU. ,Carbondale, lL. May 1989 Allegory. Metaphor an d Other Four Legged Creatures , Vergette Gallery, S.I.U., Carbondale, IL Oct. 1987 fp Drawings Charleston, Chicago, IL. Oct. 1986 Recent Work The Rainbo Club, Chicago IL. Awards May 1990 NATIONAL GRADUATE DRAWING COMPETITION, University of Wisconsin, Oshgosh, WI. , HONORABLE MENTION Oct. 1990 SOUTHERN ILLINOIS UNIVERSITY PURCHASE AWARD SHOW, Student Center, S.I.U. ,Carbondale, IL. Selected Exhibitions Jan. 2007 Re gional Coll Ac, Facu lty Exhibition 20tYT, Governors State Univ. Oct. 2006 Vicin Show 2006, The Norris Center, St. Charles, IL Aug. 2006 QA11gry Artists Preview, The Edge Gallery, Oak Park, IL Dec. 2005 College of Dupa Faculty Show, Glen Ellyn, IL Oct. 2005 Vicin Show 2005, The Norris Center, St. Charles, IL Aug.2005 Lrisons of Your Own Device, Art House Gallery, Oak Park, IL Feb. 2005 Regional College A rt Facultv EKribition 2005, Governors State Univ, i Oct. 2004 Vicinity Show 2M, The Norris Center, St. Charles, IL Jan. 2004 C�lleee of DuF'aQe Faculty Show, Glen Ellyn, IL Oct. 2002 .hC icagQ A rt Open 2002- Chicago, IL Nov. 2001 College of Duoa. Facultv Show Glen Ellyn, IL Oct. 2001 Chicago Art Ooen 2001, Chicago, IL Oct. 2000 Vicinity Show 2000, The Norris Center, St. Charles, IL Feb. 1999 ,College ofDu oagLEaqu1Ly Show Glen Ellyn, IL Jan. 1994 Nude and Erotica, Naked i Gallery, St. Charles, IL Apr. 1994 BM, Naked i Gallery, St. Charles, IL Feb, 1989 Grou v_, N.A.13. Gallery, Chicago, IL Feb. 1988 Eifteen Walls. Fifteen Years ARC Gallery, 356 W. Huron. Chicago, IL Jan. 1987 Artists at the I =jeld Field Museum of Natural History, Chicago, IL Aug 1986 1840 Show, 1840 W. Hubbard, Chicago IL Jan. 1982 Works on Pager. College of Dupage, Glen Ellyn, IL Selected PublicAtiops and Medla Coverage The Chicago Reader, November 2000, October 1999, May 1998, November 1997 WTTW. Channel 11 C icag, PAS presentation, "Artbeat Chicago ", November 20 United City of Yorkville 800 Game Farm Road rr ; 1 183fi Yorkville, Illinois 60560 Telephone: 630 -553 -4350 p Fax: 630- 553 -7575 �Lr N Website: www.yorkville.il.us To be considered for a commission or committee, please complete this application and return to the attention of the Deputy Clerk at the address listed above. Name t- /►4R 'J7�/'/ CJ Address l URX E— Phone: Rom Work - Cell -~-- Email Subdivision Please indicate the Commission/Committee(s) that you would like to participate on: [ ] Adhoc Committee on Senior Issues [ ] Park Board Fire and Police Commission [ ] Plan Commission [ ] Human Resources Commission [ ] Yorkville tureen Committee [ ] Library Board [ ] Zoning Board of Appeals Cx] Ce r.ru ILAL 40 Car-, ai r1S / The following questions help in selection of committee members. 1. Indicate your experience (personal and/or vmrk) that will help you in serving the residents of the United City of Yorkville. Over the past 35 years that I've lived in Yorkville I have enjoyed participating in cultural events. I've served on the Board of the Kendall County Historic Society, have been a tall guide at the Farnsworth House in Plano. and am ctmmdv on the board of the Old Barn Museum in Newaric. My interest in music has included singing the Messiah chorus at the Sandwich Opera House at Christmas andhave entertain with my accordion at various venues amend the area. Lastly, rve restored our 18 93 Yorltville home. 2. Why do you want too serve on a �omnussio omrittttee for the United City of Xorkvilie'i+ Having a passion forpaeserving history. lam thankful that the City has acquired the old County Jail building, andI look forward to helping with the restoration of the site and subsequent romeum development. In addition, with M interest in music rd bke to see Yorkville provide opportunities Cow its citizen to showease theirmusie, artistic, and the atric Wents - - - -- - — ',` ; is It is the policy of the United City of Yorkville to promote nondiscriminatory practices in its hiring, and its contractual undertakings_ It is the policy of the City to conform with all aspects of Federal Civil Rights legislation Including the Equal Employment Opportunity Act and all State Civil Rights Legislation, I rnrdamtend Met as part of tyre process of being consrdered, it is tyre City's policy to perform a cursory background inves►i ation on anyone being considered for eppantment to one of the commissions or committees. Signature of Applicant Date .......... .._..__� a -, For office use only Date Received A' Initials �a'- United City of Yorkville 800 Game Farm Road EST 1836 Yorkville, Illinois 60560 Telephone: 630 - 553 -4350 Fax: 630 - 553 -7575 Website: www.yorkville.il.us United City of Yorkville Commission & Committee Appiieation To be considered for a commission or committee, please complete this application and return to the attention of the Deputy Clerk at the address listed above. Name .S �EtiJr LE� 1 0,00 Address DSc t---U 1 c-- 6 0 .5 - Phone: Home Work Cell Email Subdivision Please indicate the Commission/Committee(s) that you would like to participate on: [ ] Adhoc Committee on Senior Issues [ ] Park Board [ ] Fire and Police Commission [ ] Plan Commission [ ] Human Resources Commission [ ] Yorkville Green Committee [ ] Library Board j ] Zoning Board of Appeals The following questions help in selection of committee members. 1. Indicate your experience (personal and/or work) that will help you in serving the residents of the United City of Yorkville. L/-14 ,e4 f /�c�7.�r�49 u C h%.5 %` . C. / vi -fI�t. / 1 1 r6 �',t;/9 �. /7�DVi SLt t. !J!� kr o 2 :ar--tC i& ►//S 0-CX C�C k L? � /a C.i Cu C, /L1G7i�t��D�r�JtrJ1�E'�c7�CJr F.� �r...9,►.atr�n.�c;:r 2. Why do you want to serve on a Commission /Committee for the United City of Yorkville? N EE / `S ^.o c 1.`t) � r rCt� j '<r r /J � - ,P - N, 4 EZ /��..k7Jk- 4�1 +t'T�O fry -�;� qn/ /3;�.gC„•�e%��.�.r.s•f;S.a/ T ha. A yoif fa:- jw ar interest being apart of the develop"nent of tile Lizitetl City of 1 "0 ;1'cv1 It is the policy of the United City of Yorkville to promote nondiscriminatory practices in Its hiring, and Its contractual undertakings. It is the policy of the City to conform with all aspects of Federal Civil Rights legislation including the Equal Employment Opportunity Act and all State Civil Rights Legislation. 1.•11'ilfH'.`fe711FMkWpr`Y : eF'W fkv�IAfeit *1hx:!'fkWkYrY fFSC Rfe�ekviiYfY *it�'r �4 Y1k1N ti'.' reYtA* Yx�#' Yr1Yi' 4il i!% irtreN' x: YtsclY +Y+Y *Y.1tt *s]k *1F &x # *x *s! * *irt i t understand that as part of the process of being considered, it is the CfVs policy to perform a cursory background investigation on anyone being considered for appointment to one of the commissions or committees. � T/c7.» C� Signature ofApplican pate _.._.._......_ .._.._.._.._.._.._- ._.._.._.._. _.._ ... _ ._. ........ _.._.._.._...... _.. -.._ .. Forotkee use only. Date Received r � initials 01/0 I - ` ,QED CIp. Reviewed By: Agenda Item Number J� ' 0 Legal ❑ Mayor #2 Finance ❑ EST � , , 1836 Engineer E] Tracking Number �� ` City Administrator El FV •� ? O Consultant ❑ CC 2010 -89 <<E Mayor ■ Agenda Item Summary Memo Title: Appointment to Human Resources Commission Meeting and Date: City Council 11/23/10 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Mayor Burd Name Department Agenda Item Notes: United City of Yorkville 800 Game Farm Road Ear 1 `, �aae Yorkville, Illinois 60560 Telephone: 630 -553 -4350 �, gy p` Fax: 630 -553 -7575 Website: www.yorkville.il.us United City of Yorkville Commission & Committee Application To be considered for a commission or committee, please complete this application and return to the attention of the Deputy Clerk at the address listed above. Name Yl r1 0. &A, :S e IKv./ -P Address Phone: Home Work Cell Email Sub division o x Hil Please indicate the Con that you would like to participate on: [ ] Adhoc Committee on Senior Issues [ ] Park Board [ ] Fire and Police Commission (] Plan Commission !Q Human Resources Commission [ ] Yorkville Green Committee [ ] Library Board [ ] Zoning Board of Appeals The following questions help in selection of committee members. 1. Indicate your experience (personal and/or work) that will help you in serving the residents of the United City of Yorkville. 'ra�I�v�ra�tJ� � -Q0.c�%Vpz J "��`0551o�A0.� t o!'�¢ Cr"I\O $\ Y\ SS 2. Why do you want to wive on a Conunission/Committee for the United City of Yorkville? +r\% n k Or I'S I r A e (>r + 0�,Nj jo ► +n t z a d N r \ � C XP • amofi� er- av�t�Y� v �ir a y i \ t iV �oti,ybi-yoiii- l c' cc`-4 r , 1 't\ \- 0 g, V'v I 1 }-e , .r W. V \a O l� 6 l 1 � �� D VY\ uit ei est ii 1g a plait f the WLlvelvpl ll edit �f flie United City► of Yorkville! It is the policy of the United City of Yorkville to promote nondiscriminatory practices In Its hiring, and its contractual undertakings. It is the policy of the City to conform with all aspects of Federal Civil Rights legislation Including the Equal Employment Opportunity Act and all State Civil Rights Legislation. understand that as part of the process of being considered, It is the City's policy to perform a cursory background investigation on nyone being considered for appointment to one of the commissions or committees. Aq ire of Applicant Date / _.._.._.._.._.._.._.._.._.._...._.._,._...._.._,._.._,... ..._.._.._.._._.._.._.._.._.._` .. _.._.._.._.._.._.._... For office use only: Dare Received ///W/ initials (02 Reviewed By: Agenda Item Number J� 0 Legal ❑ MAYOR #4 EST 1836 Finance 1 Engineer ❑ Tracking Number .4 City Administrator ■ J O CC 2010 - 91 9 x �O Consultant ❑ <kE ��~ ❑ Agenda Item Summary Memo Title: Ordinance to Abate Special Service Area 2003 -100 (Raintree Village Project) Meeting and Date: Council Meeting — November 23, 2010 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Majority Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: ORDINANCE NO. 2010- ORDINANCE ABATING SPECIAL SERVICE AREA TAXES FOR SPECIAL SERVICE AREA NUMBER 2003 -100 (RAINTREE VILLAGE PROJECT) AND APPROVING THE AMENDED SPECIAL TAX ROLL BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. It is found and declared by the City Council of the United City of Yorkville, Kendall County, Illinois (the " City "), as follows: (a) The City Council of the City adopted Ordinance No. 2003 -55 on August 12, 2003 (the "Bond Ordinance ") which: (i) provided for the issuance of $7,150,000 of Special Service Area Number 2003 -100 Special Tax Bonds, Series 2003 (Raintree Village Project) (the " Bonds "), of the United City of Yorkville, for the purpose of paying for the costs of certain improvements benefiting the Special Service Area , Number 2003 -100 (the "Special Service Area "); and (ii) provided for the levy of a Special Tax upon all taxable property within the Special Service Area sufficient to pay the principal of the Bonds for each year at maturity or mandatory sinking fund redemption dates and to pay interest and Administrative Expenses of the Special Service Area for each such year. The Bond Ordinance also authorized the City to abate the taxes levied pursuant to such Ordinance to the extent the taxes levied exceeded the Special Tax Requirement (as defined in the Bond Ordinance) as calculated pursuant to the Special Tax Roll and Report for the Special Service Area (the "Special Tax Roll ") prepared by David Taussig & Associates, Inc. (the "Consultant "). (b) Pursuant to the Special Tax Roll, the Consultant of the City has determined that the Special Tax Requirement for 2010 for the Bonds is $505,235.12 and the 2010 Levy for Special Taxes is $505,235.12 (which complies with the Kendall County tax billing requirement of rounding the per parcel special tax up to the nearest even cent on single family property). Section 2. Of the $624,064 of Special Taxes levied for calendar year 2010 pursuant to Section 6 of the Bond Ordinance $118,828.88 of such Special Taxes is hereby abated resulting in a 2010 calendar year levy of $505,235.12. Section 3. It is the duty of the County Clerk of Kendall County to abate those taxes as provided in Section 2 of this Ordinance. Section 4. The City Council of the City hereby approves the United City of Yorkville Special Service Area Number 2003 -100 Administration Report Levy Year 2010 dated November 17, 2010 prepared by David Taussig & Associates, Inc. and the 2010 Amended Special Tax Roll attached to such report with such changes therein as are deemed necessary by the Mayor and the City's consultant to reflect any changes in final parcel identification numbers. Section 5. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this ordinance are repealed to the extent of such conflict. The City Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be in full force and effect after passage and publication as provided by law. PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of 5 2010. ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON JR. City Clerk SIGNED by the Mayor this day of , 2010. Mayor ATTEST: City Clerk Published in pamphlet form this day of , 2010. Legal ❑ Agenda Item Number J ? 0 0 Finance MAYOR #5 Engineer ❑ ESL - 1836 City Administrator Consultant ❑ Tracking Number 0 ❑ 'A � CC 2010 -92 Agenda Item Summary Memo Title: Ordinance to Abate Special Service Area 2003 -101 (Windett Ridge Project) Meeting and Date: Council Meeting — November 23, 2010 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Majority Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: i I ORDINANCE NO. 2010- ORDINANCE ABATING SPECIAL SERVICE AREA TAXES FOR SPECIAL SERVICE AREA NUMBER 2003 -101 (WINDETT RIDGE PROJECT) AND APPROVING THE AMENDED SPECIAL TAX ROLL BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. It is found and declared by the City Council of the United City of Yorkville, Kendall County, Illinois (the " City "), as follows: (a) The City Council of the City adopted Ordinance No. 2003 -57 on August 12, 2003 (the "Bond Ordinance ") which: (i) provided for the issuance of $6,900,000 of Special Service Area Number 2003 -101 Special Tax Bonds, Series 2003 (Windett Ridge Project) (the " Bonds "), of the United City of Yorkville, for the purpose of paying for the costs of certain improvements benefiting the Special Service Area Number , I 2003 -101 (the "Special Service Area "); and (ii) provided for the levy of a Special Tax upon all taxable property within the Special Service Area sufficient to pay the principal of the Bonds for each year at maturity or mandatory sinking fund redemption dates and to pay interest and Administrative Expenses of the Special Service Area for each such year. The Bond Ordinance also authorized the City to abate the taxes levied pursuant to such Ordinance to the extent the taxes levied exceeded the Special Tax Requirement (as defined in the Bond Ordinance) as calculated pursuant to the Special Tax Roll and Report for the Special Service Area (the "Special Tax Roll "). (b) Pursuant to the Special Tax Roll, the Consultant of the City has determined (i) that the Special Tax Requirement for 2010 for the Bonds is $495,055 and the 2010 Levy for Special Taxes is $495,055 (which complies with the Kendall County tax billing requirement of rounding the per parcel special tax up to the nearest even cent on single family property). Section 2. Of the $598,320 of Special Taxes levied for calendar year 2010 pursuant to Section 6 of the Bond Ordinance $103,265 of such Special Taxes is hereby abated resulting in j a 2010 calendar year levy of $495,055. Section 3. It is the duty of the County Clerk of Kendall County to abate those taxes as provided in Section 2 of this Ordinance. Section 4. The City Council of the City hereby approves the United City of Yorkville Special Service Area Number 2003 -101 Administration Report Levy Year 2010 dated November 16, 2010 prepared by David Taussig & Associates, Inc. and the 2010 Amended Special Tax Roll attached to such report with such changes therein as are deemed necessary by the Mayor and the City's consultant to reflect any changes in final parcel identification numbers. Section 5. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this ordinance are repealed to the extent of such conflict. The City Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be in full force and effect after passage and publication as provided by law. 2 PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , 2010. ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON JR. I City Clerk SIGNED by the Mayor this day of 5 2010. Mayor ATTEST: City Clerk Published in pamphlet form this day of , 2010. 3 D co* Legal ❑ Agenda Item Number �2 0 O� Finance N MAYOR #6 Engineer ❑ EST. 1836 City Administrator .< _ Consultant � Tracking Number p ❑ K � CC 2010 - 93 CE Agenda Item Summary Memo Title: Ordinance to Abate Special Service Area 2004 -104 (Grande Reserve Project) Meeting and Date: Council Meeting —November 23, 2010 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Majority Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: Ordinance No. 2010 - ORDINANCE ABATING SPECIAL SERVICE AREA TAXES FOR SPECIAL SERVICE AREA NUMBER 2004 -104 CENTRAL GRANDE RESERVE AND APPROVING THE AMENDED SPECIAL TAX ROLL BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. It is found and declared by the City Council of the United City of Yorkville, Kendall County, Illinois (the "City "), as follows: (a) The City Council of the City adopted Ordinance No. 2004 -61 on October 26, 2004 (the "Bond Ordinance ") which: (i) provided for the issuance of Special Service Area Number 2004 -104 Central Grande Reserve Special Tax Bonds, Series 2004 (MPI Grande Reserve Project) (the "Bonds "), of the United City of Yorkville, for the purpose of paying for the costs of certain improvements benefiting the Special Service Area Number 2004 -104 Central Grande Reserve (the "Special Service Area "); and (ii) provided for the levy of Special Taxes upon all taxable property within the Special Service Area sufficient to pay the principal of the Bonds for each year at maturity or mandatory sinking fund redemption dates and to pay interest and Administrative Expenses of the Special Service Area for each such year. The Bond Ordinance also authorized the City to abate the taxes levied pursuant to such Ordinance to the extent the taxes levied exceeded the Special Tax Requirement (as defined in the Bond Ordinance) as calculated pursuant to the Special Service Area Number 2004 -104 Special Tax Roll and Report (the "Special Tax Report") prepared by David Taussig & Associates, Inc. (the "Consultant "). I I I (b) Pursuant to the Special Tax Report, the Consultant of the City has determined that the Special Tax Requirement for 2010 for the Bonds is $815,700.90 and the 2010 Levy for Special Taxes is $815,700.90. Section 2. Of the $2,513,856.00 of Special Taxes levied for calendar year 2010 pursuant to Section 6 of the Bond Ordinance $1,698,155.10 of such Special Tax is hereby abated resulting in a 2010 calendar year levy of $815,700.90. Section 3. It is the duty of the County Clerk of Kendall County to abate those taxes as provided in Section 2 of this Ordinance. Section 4. The City Council of the City hereby approves the United City of Yorkville Special Service Area Number 2004 -104 Administration Report Levy Year 2010 dated November 15, 2010 prepared by David Taussig & Associates, Inc. and the 2010 Amended Special Tax Roll attached to such report with such changes therein as are deemed necessary by the Mayor and the City's consultant to reflect any changes in final parcel identification numbers. Section 5. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this ordinance are repealed to the extent of such conflict. The City Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be in full force and effect after passage and publication as provided by law. 2 PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of 5 2010. ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON JR. City Clerk SIGNED by the Mayor this day of , 2010. Mayor ATTEST: City Clerk Published in pamphlet form this day of , 2010. 3 Legal ❑ Agenda Item Number J ? O Finance % ! MAYOR #7 Engineer ❑ EST. l 1836 City Administrator Consultant ❑ Tracking Number O �' y ❑ Kh 1 �0 CC 2010 -94 Agenda Item Summary Memo Title: Ordinance to Abate Special Service Area 2004 -106 (Grande Reserve Project) Meeting and Date: Council Meeting —November 23, 2010 Synopsis: i Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Majority Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: Ordinance No. 2010 - ORDINANCE ABATING SPECIAL SERVICE AREA TAXES FOR SPECIAL SERVICE AREA NUMBER 2004 -106 TOTAL GRANDE RESERVE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. It is found and declared by the City Council of the United City of Yorkville, Kendall County, Illinois (the "City "), as follows: (a) The City Council of the City adopted Ordinance No. 2004 -33 on June 22, 2004 (the "Bond Ordinance ") which: (i) provided for the issuance of Special Service Area Number 2004 -106 Total Grande Reserve Variable Rate Demand Special Tax Bonds, Series 2004 (MPI Grande Reserve Project) (the "Bonds ") of the United City of Yorkville, for the purpose of paying for the costs of certain improvements benefiting the Special Service Area; and , (ii) provided for the levy of Special Taxes upon all taxable property within the Special Service Area sufficient to pay the principal of and interest on the Bonds for each year at maturity or mandatory sinking fund redemption dates and to pay interest on the Bonds and Administrative Expenses of the Special Service Area for each such year. The Bond Ordinance also authorized the City to abate the taxes levied pursuant to such Ordinance for collection by the County Clerk of Kendall County to the extent procedures are in place for the City to levy, bill and collect the Special Tax directly or through the Consultant of the City. (b) The City hereby determines that procedures are in place for the City to provide for the direct levying, billing and collecting of the Special Taxes. Accordingly, the projected Special Tax Requirement for the Bonds which is to be levied and collected by the County is $0. The projected Special Tax Requirement for the Bonds which is to be levied, billed and collected by the City is $805,093, all as set forth in the memo of the Consultant delivered to the City and attached hereto. As set forth in such memo, the City will bill and collect such Special Taxes on a monthly basis, as needed, to pay debt service due on the Bonds, letter of credit and remarketing fees and administrative expenses. Section 2. Of the $2,000,000 of Special Taxes levied for calendar year 2010 pursuant to Section 6 of the Bond Ordinance $2,000,000 of such Special Tax is hereby abated resulting in a 2010 calendar year levy of $0. Section 3. It is the duty of the County Clerk of Kendall County to abate those taxes for levy year 2010 as provided in Section 2 of this Ordinance. i Section 4. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this ordinance are repealed to the extent of such conflict. The City Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be in, full force and effect after passage and publication as provided by law. 2 PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , 2010. ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON JR. City Clerk I SIGNED b the Mayor this day of 2010. Y Y Y Mayor ATTEST: City Clerk Published in pamphlet form this day of , 2010. 3 I I C /T� Legal ❑ Agenda Item Number J ? 0 O Finance i MAYOR #8 �pEI Engineer ❑ EST. , 1836 City Administrator ■ Consultant 0 Tracking Number 0 Er � CC 2010 -95 �«weeca.rtr � Agenda Item Summary Memo Title: Ordinance to Abate Special Service Area 2004 -107 (Raintree Village II Project) Meeting and Date: Council Meeting —November 23, 2010 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Majority Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: I I ORDINANCE NO. 2010- ORDINANCE ABATING SPECIAL SERVICE AREA TAXES FOR SPECIAL SERVICE AREA NUMBER 2004 -107 (RAINTREE VILLAGE II PROJECT) i BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. It is found and declared by the City Council of the United City of Yorkville, Kendall County, Illinois (the " City "), as follows: (a) The City Council of the City adopted Ordinance No. 2005 -91 on November 22, 2005 (the "Bond Ordinance ") which: (i) provided for the issuance of not I to exceed $10,000,000 of Special Service Area Number 2004 -107 Special Tax Bonds, Series 2005 (Raintree Village II Project) (the " Bonds "), of the United City of Yorkville, which were issued in the original principal amount of $9,400,000 for the purpose of paying for the costs of certain improvements benefiting the Special Service Area Number 2004 -107 (the "Special Service Area "); and (ii) provided for the levy of a Special Tax upon all taxable property within the Special Service Area sufficient to pay the principal of the Bonds for each year at maturity or mandatory sinking fund redemption dates and to pay interest and Administrative Expenses of the Special Service Area for each such year. The Bond Ordinance also authorized the City to abate the taxes levied pursuant to such Ordinance to the extent the taxes levied exceeded the Special Tax Requirement (as defined in the Bond Ordinance) as calculated pursuant to the Special Service Area Number 2004 -107 Special Tax Roll and Report (the "Special Tax Report ") prepared by David Taussig & Associates, Inc. (the "Consultant "). I (b) Pursuant to the Special Tax Report, the Consultant of the City has determined that the Special Tax Requirement for 2010 for the Bonds is $673,815.42 and I the 2010 Levy for Special Taxes is $673,815.42. Section 2. Of the $726,756.00 of Special Taxes levied for calendar year 2010 pursuant to Section 6 of the Bond Ordinance $52,940.58 of such Special Taxes is hereby abated resulting in a 2010 calendar year levy of $673,815.42. Section 3. It is the duty of the County Clerk of Kendall County to abate those taxes as provided in Section 2 of this Ordinance. Section 4. The City Council of the City hereby approves the United City of Yorkville . I Special Service Area Number 2004 -107 Administration Report Levy Year 2010 dated November 15, 2010 prepared by David Taussig & Associates, Inc. and the 2010 Amended Special Tax Roll attached to such report with such changes therein as are deemed necessary by the Mayor and the City's consultant to reflect an changes in final parcel identification numbers. Y Y g p I Section 5. All ordinances, resolutions and orders or parts of ordinances, resolutions i and orders in conflict with this ordinance are repealed to the extent of such conflict. The City Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be in full force and effect after passage and publication as provided by law. 2 PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of 5 2010. ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON JR. City Clerk SIGNED by the Mayor this day of , 2010. Mayor ATTEST: City Clerk Published in pamphlet form this day of , 2010. 3 D C /r Legal ❑ Agenda Item Number J ? 0 O Finance MAYOR #9 + Engineer ❑ EST. , _ 1836 City Administrator ■ Consultant ❑ Tracking Number ❑ �N �d CC 2010-96 ILL Agenda Item Summary Memo Title: Ordinance to Abate Special Service Area 2005 -108 (Autumn Creek Project) Meeting and Date: Council Meeting —November 23, 2010 Synopsis: I Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Majority Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: I Ordinance No. 2010 - ORDINANCE ABATING SPECIAL SERVICE AREA TAXES FOR SPECIAL SERVICE AREA NUMBER 2005 -108 (AUTUMN CREEK PROJECT) AND APPROVING THE AMENDED SPECIAL TAX ROLL BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. It is found and declared by the City Council of the United City of Yorkville, Kendall County, Illinois (the "City "), as follows: (a) The City Council of the City adopted Ordinance No. 2006 -26 on March 28, 2006 (the "Bond Ordinance ") which: (i) provided for the issuance of Special Service Area Number 2005 -108 Special Tax Bonds, Series 2006 (Autumn Creek Project) (the "Bonds "), of the United City of Yorkville, for the purpose of paying for the costs of certain improvements benefiting the Special Service Area Number 2005 -108 (the "Special Service Area "); and (ii) provided for the levy of Special Taxes upon all taxable property within the Special Service Area sufficient to pay the principal of the Bonds for each year at maturity or mandatory sinking fund redemption dates and to pay interest and Administrative Expenses of the Special Service Area for each such year. The Bond Ordinance also authorized the City to abate the taxes levied pursuant to such Ordinance to the extent the taxes levied exceeded the Special Tax Requirement (as defined in the Bond Ordinance) as calculated pursuant to the Special Service Area Number 2005 -108 Special Tax Roll and Report (the "Special Tax Report") prepared by David Taussig & Associates, Inc. (the "Consultant "). (b) Pursuant to the Special Tax Report, the Consultant of the City has determined that the Special Tax Requirement for 2010 for the Bonds is $1,009,534.80 and the 2010 Levy for Special Taxes is $1,009,534.80. Section 2. Of the $1,121,571.00 of Special Taxes levied for calendar year 2010 pursuant to Section 6 of the Bond Ordinance $112,036.20 of such Special Tax is hereby abated resulting in a 2010 calendar year levy of $1,009,534.80. Section 3. It is the duty of the County Clerk of Kendall County to abate those taxes as provided in Section 2 of this Ordinance. Section 4. The City Council of the City hereby approves the United City of Yorkville Special Service Area Number 2005 -108 Administration Report Levy Year 2010 dated November 15, 2010 prepared by David Taussig & Associates, Inc. and the 2010 Amended Special Tax Roll attached to such report with such changes therein as are deemed necessary by the Mayor and the City's consultant to reflect any changes in final parcel identification numbers. i Section 5. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this ordinance are repealed to the extent of such conflict. The City, Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be in full force and effect after passage and publication as provided by law. 2 PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of 3 2010. i ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER i WALTER WERDERICH MARTY MUNNS I ROSE ANN SPEARS GEORGE GILSON JR. i City Clerk i SIGNED by the Mayor this day of , 2010. I Mayor ATTEST: City Clerk Published in pamphlet form this day of , 2010. 3 Co.� Legal ❑ Agenda Item Number J 2 O Finance ! MAYOR #10 + Engineer ❑ EST. , _ 1836 City Administrator Consultant Tracking Number p ❑ �O CC 2010 -97 1 E Agenda Item Summary Memo Title: Ordinance to Abate Special Service Area 2005 -109 (Bristol Bay Project) Meeting and Date: Council Meeting — November 23, 2010 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Majority Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: I Ordinance No. 2010 - ORDINANCE ABATING SPECIAL SERVICE AREA TAXES FOR SPECIAL SERVICE AREA NUMBER 2005 -109 (BRISTOL BAY I PROJECT) AND APPROVING THE AMENDED SPECIAL TAX ROLL BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. It is found and declared by the City Council of the United City of Yorkville, Kendall , as follows: " County, Illinois the "City"), Y ( Y) (a) The City Council of the City adopted Ordinance No. 2006 -18 on March 14, 2006 (the "Bond Ordinance ") which: (i) provided for the issuance of Special Service Area i Number 2005 -109 Special Tax Bonds, Series 2006 (Bristol Bay I Project) (the "Bonds "), of the United City of Yorkville, for the purpose of paying for the costs of certain improvements benefiting the Special Service Area Number 2005 -109 (the "Special Service Area "); and (ii) provided for the levy of Special Taxes upon all taxable property within the Special Service Area sufficient to pay the principal of the Bonds for each year at maturity or mandatory sinking fund redemption dates and to pay interest and Administrative Expenses of the Special Service Area for each such year. The Bond Ordinance also authorized the City to abate the taxes levied pursuant to such Ordinance to the extent the taxes levied exceeded the Special Tax Requirement (as defined in the Bond Ordinance) as calculated pursuant to the Special Service Area Number 2005 -109 Special Tax Roll and Report (the "Special Tax Report") prepared by David Taussig & Associates, Inc. (the "Consultant "). (b) Pursuant to the Special Tax Report, the Consultant of the City has determined that the Special Tax Requirement for 2010 for the Bonds is $1,269,008.56 and the 2010 Levy for Special Taxes is $1,269,008.56. I Section 2. Of the $3,135,252.00 of Special Taxes levied for calendar year 2010 pursuant to Section 6 of the Bond Ordinance $1,866,243.44 of such Special Tax is hereby abated resulting in a 2010 calendar year levy of $1,269,008.56. Section 3. It is the duty of the County Clerk of Kendall County to abate those taxes as provided in Section 2 of this Ordinance. Section 4. The City Council of the City hereby approves the United City of Yorkville Special Service Area Number 2005 -109 Administration Report Levy Year 2010 dated November 15, 2010 prepared by David Taussig & Associates, Inc. and the 2010 Amended Special Tax Roll attached to such report with such changes therein as are deemed necessary by the Mayor and the City's consultant to reflect any changes in final parcel identification numbers. Section 5. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this ordinance are repealed to the extent of such conflict. The City Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be in full force and effect after passage and publication as provided by law. IC I I I PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of 1 2010. ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON JR. City Clerk i SIGNED by the Mayor this day of , 2010. I Mayor ATTEST: City Clerk Published in pamphlet form this day of 52010. C Reviewed By: Agenda Item Number J� A Legal ❑ MAYOR #11 1836 EST. , Finance Engineer El ~�—� Tracking Number � 0 City Administrator ■ o; M 0 � = O Consultant El ` CC 2010 -98 Agenda Item Summary Memo Title: 2010 Tax Levy Ordinance Meeting and Date: Council Meeting — November 23, 2010 Synopsis: Ordinance Approving the 2010 (FY 2011 -2012) Tax Levy I Council Action Previously Taken: Date of Action: 11/9/2010 Action Taken: Public Hearing held for Tax Levy Item Number: I Type of Vote Required: Majority i Council Action Requested: Approval Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: ' I 0 Co. o Memorandum J ill To: City Council E ST. 1836 From: Rob Fredrickson Finance Director O CC: Bart Olson, City Administrator �� " Date: November 23, 2010 K-W `-.'Y Subject: 2010 Tax Levy Ordinance <CE �V Please see attached for the 2010 Tax Levy Ordinance, which will fund fiscal year 2011 — 2012 and I represents the final step in the tax levy approval process. As with previous Council meetings, a corresponding schedule is also presented, which further details the proposed 2010 levy as well as the requested and actual amounts for the years 2008 and 2009. It has been estimated by the County that the equalized assessed valuation (EAV) of property within the City will decrease between 2 to 8% for this year's levy. For the purposes of this presentation, staff has chosen to use a conservative estimate of negative 6 %, which will be offset in part by the addition of an estimated $10 million in new property, resulting in a total reduction in EAV of 4.27 %. The total estimated dollar amount for the 2010 levy (excluding debt service) under the tax cap is $3,324,964, which represents an increase of $145,895 more than what was extended last year. The result of the increase in the tax cap is due to the CPI (2,71%) and an estimated $10,000,000 in new construction during the previous year. In general, the City is requesting $3,424,964 for City operations and Library operations, and an additional $720,800 is required to be levied as part of the Library construction bonds. Of the $3,424,964, we expect the PTELL tax -cap to come in at approximately $3,324,964. Requesting $3,424,964 allows a margin of error on our estimate of the tax cap (due to EAV figures not being finalized with the County), allows us to discuss any amount less than that figure (discussion of an amount more than $3,424,964 would require another public hearing to be held), and, if approved, would secure the maximum amount allowed under the tax cap. The process for establishing the City's property tax levy consists of three main parts: 1. Council votes to approve the tax levy estimate (completed at the October 26` CC meeting) 2. Hold a public hearing on the tax levy estimate (completed at the November 9 "' CC meeting) 3. Council votes to approve the tax levy ordinance (to be completed either tonight or at the December 14` CC meeting) Per state statute, the deadline for filing the levy with the County is Tuesday, December 28 which means the levy cannot be voted on that evening. Council can change the tax levy amounts at any point between now and final approval of the tax levy ordinance. ICI 2008 Rate 2009 Rate Est. Change in 2010 Rate Property Tvne Setting EAV Prooertv Tvoe Setting EAV EAV for 2010 Prooertv Tvme Setting EAV $ Change Farm S 2,562,106 Farm $ 2,524,355 -6.00% Farm $ 2,372,894 $ (151,461) Residential S 440,037,839 Residential $ 444,422,818 -6.00% Residential $ 417.757,449 $ (26.665.369) Commercial $ 117,707.447 Commercial $ 124,381,958 -6.00% Commercial $ 116,919,041 $ (7,462,917) Industrial $ 6,914,772 Industrial $ 6,921,977 -6.00% Industrial $ 6.506,658 $ (415.319) State Railroad $ 17,328 State Railroad $ 17,328 0.00% State Railroad $ 17,328 $ - New Property S 10,000,000 Total City $ 567239,492 Total City $ 578,268,436 Total City $ 553,573,370 $ (24,695,066) Percent Change - Percent Change 1.94% Percent Change 4.27% 2.71% CPI 2008 2008 2008 2009 2009 2009 "I 2010 2010 Est Lew Reauest Lew Extension Variance Actual Rate p11;'�4^i' Lew Reauest Lew Extension Variance Actual Rate f;! "��'�1�; Estimated Rate Lew Reauest S Change Corporate $ 859,661 $ 753,861 ####### 0.13290 ; S 683,500 S 657,896 $ 25,604 0.11377 0.14883 S 823,874 $ 165,978 INIRF Pension $ 449,515 S 410,681 $ 38,834 0.07240 11 0.08124 $ 466,991 $ 449,719 S17,272 0.07777 0.08124 $ 449,719 $ (0) Police Protection $ 341,143 S 311,982 $ 29,161 0.05500 $ 350,903 $ 337,940 S 12,963 0.05844 0.06270 $ 347,098 S 9,158 Police Pension $ 325,000 S 325,028 $ (28) 0.05730 9,''TY, S 350,000 $ 337.073 S 12,927 0.05829 0.06774 $ 375,000 $ 37,927 Audit S 45,325 $ 41,408 $ 3,917 0.00730 $ 57,000 $ 54.936 $ 2,064 0.00950 0.00992 $ 54,936 $ 0 Liability Insurance $ 240,000 $ 219.522 $ 20,478 0.03870 $ 350,000 S 337.073 $ 12,927 0.05829 0.06217 $ 344,129 $ 7,056 Social Security $ 335,782 $ 306,877 $ 28,905 0.05410 Vi $ 317,124 $ 305,441 $ 11.683 0.05282 0.05518 $ 305,441 $ (0) School Crossing Guard $ 26,350 $ 24,391 $ 1,959 0.00430 $ 25,000 $ 24,114 $ 886 0.00417 0.00447 $ 24,767 $ 653 Unemployment Insurance $ 28,800 $ 26,660 $ 2,140 0.00470 S 25,788 $ 24,866 $ 922 0.00430 0.00452 $ 25,000 $ 134 Subtotal City $ 2,651,576 $ 2,420,411 1 48#90# 0.42670 $ 2,626,306 $ 2,529,057 $ 97.249 0.43735 0.49677 $ 2,749,964 $ 220.907 Library Operations S 626,000 $ 626,213 $ (213) 0.11040 S 650,000 $ 650,012 S (12) 0.11241 0.12194 $ 675,000 $ 24,988 Library Bonds & Interest $ 564,050 $ 564,386 S (336) 0.09950 S 605,925 $ 605,949 $ (24) 0.10479 0.13021 $ 720,800 $ 114,851 Subtotal Library S 1,190.050 $ 1,190,599 $ (549) 020990 ty ", $ 1,255,925 $ 1255,961 S (36) 0.21720 0.25214 $ 1,395,800 S 139,839 i� TOW '' <- ti "�'$m!r��Lu''"'..µ6�lai�) If n uH';8ffiL"L1' "3°v]85.07Br' $57� MY- "05 J ',', 0748�f ,_'S4,14�;764 _$ 360745''i less Library Bonds & Interest $ 564,050 S 564,386 $ (336) 0.09950 1, i" u„ $ 605.925 $ 605,949 $ (24) 0.10479 0.13021 $ 720,800 $ 114,851 Pere "T C�han Change �!vu.. = , yuaib�3„1�11A'wip L ] d � { C4iW -1 - :r�Tw i9X�9l, 3_�72$J t - ,- - /6 061870' g us Lev - 0.04% 4.35% 2.36% 12.54% 7.73 Prouerty tax change by household - based on total dollar tax bill oaid. 9% Estimated City &Ubrary share Projected City Share Total Tax Bill of Total Tax Bill Tax Change of Total Tax Bill $2,500 $225 $17 $242 3,000 270 21 291 4,000 360 28 388 5,000 450 35 485 6,000 540 42 582 7,500 675 52 727 9,000 810 63 873 10,000 900 70 970 STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2010 - (2011 -2012 TAX LEVY) AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING MAY 1, 2011 AND ENDING APRIL 30, 2012 FOR THE UNITED CITY OF YORKVILLE BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois: Section 1: That the total amount of the budget for all corporate purposes and public I library purposes legally made to be collected from the tax levy of the current fiscal year is hereby ascertained to be the sum of $3,424,964.00. Section 2: That the sum of $3,424,964.00 being the total of the budget expenditures heretofore legally made and which is to be collected in part from the levy of the current fiscal year of the United City of Yorkville and further for purposes of providing for the Illinois Municipal Retirement Fund, Police Fund, Police Pension Fund, Social Security Fund, Unemployment Fund, School Crossing Guard Fund, Audit Fund, General Corporate Purpose Fund, Library Fund and Insurance for Liability purposes, as budgeted for the current fiscal year by the annual Budget Ordinance of the United City of Yorkville for the fiscal year beginning May 1, 2011, and ending April 30, 2012, as passed by the City Council of the United City of Yorkville at a legally convened meeting prior to said fiscal year, the sum of $3,424,964.00 is hereby levied upon all of the taxable property in the United City of Yorkville subject to taxation for the current year, the specific amounts as levied for the various funds heretofore named being included herein by being placed in separate columns under the heading "To be Raised by Tax Levy ", which appears over the same, the tax so levied being for the current fiscal year of the United City of Yorkville and for the said budget to be collected from said tax levy, the total of which has been ascertained as aforesaid and being as follows: Section 3: That the total amount of $3,424,964.00 tax levy, ascertained as aforesaid, be and the same is hereby levied and assessed on all property subject to taxation with the United City of Yorkville, according to the value of said property as the same is assessed and equalized for State and County purposes for the current year. Section 4: (a) That the item of $449,719.00 levied for Illinois Municipal Retirement Fund for City purposes and for Library Municipal Retirement Fund purposes is levied without regard to I any statutory rate, pursuant to Statutes of the State of Illinois. (b) That the item of $344,129.00 levied for Liability Insurance is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (c) That the item of $54,936.00 levied for the Audit Fee is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (d) That the item of $25,000.00 levied for Unemployment Insurance is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (e) That the item of $347,098.00 levied for Police Protection Tax is levied in an amount not exceeding the maximum tax rate of 0.60 %. (f) That the item of $375,000.00 levied for Police Pension is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (g) That $0.00 levied for Garbage is levied not exceeding the maximum tax rate of 0.20 %. 2 (h) That the item of $305,441.00 levied for Social Security is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (i) That the item of $24,767.00 levied for School Crossing Guard is not exceeding the maximum tax rate of 0.02 %. (j) That the item of $823,874.00 levied for General Corporate is levied pursuant to Statutes of the State of Illinois not to exceed the maximum tax rate of 0.4375 %. (k) That the item of $675,000.00 levied for Library is levied not exceeding the maximum tax rate of 0.15 %. Section 5: That here is hereby certified to the County Clerk of Kendall County the several sums aforesaid constituting said total amount of $3,424,964.00 which said total amount of said United City of Yorkville requires to be raised by taxation for the current fiscal year of said city of said County, on or before the time required by law, a certified copy of this Ordinance. Section 6: This Ordinance shall be in full force and effect immediately from and after its passage and approval according to law. Section 7: In the event any section of this Ordinance is declared invalid the remaining portion thereof shall be binding and given full effect. ADOPTED this day of , 2010, pursuant to roll call vote as follows: ROBYN SUTCLIFF DIANE TEELING ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS GEORGE GILSON, JR. 3 I APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 1 2010. Mayor Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , 2010. Attest: City Clerk I I 4 SUMMARY OF 2011 -2012 TAX LEVY General Corporate Tax (65 ILCS 5/8 3 -1) $823,874.00 I.M.R.F. (40 ILCS 5/7 -171) $449,719.00 Social Security (40 ILCS 5/7 -171) $305,441.00 Police Pension (40 ILCS 5/3 -125) $375,000.00 Police Protection Tax (65 ILCS 5/11 -1 -3) $347,098.00 Garbage (65 ILCS 5/11 -1 -3) $0 Audit 65 ILCS 5/11 -19 -4 $54,936.00 Liability Insurance Tax (745 ILCS 10/9 -107) $344,129.00 School Crossing Guard (65 5/11- 80 -23) $24,767.00 Unemployment Insurance (745 ILCS 10/9 -107) $25,000.00 Library (pg.4 DCCA Levy Man.) (75 ILCS 5/3 -1, 5/3 -4, 5/3 -7) $675,000.00 i I 5 i C 1 Reviewed By: Agenda Item Number J -0 Legal ■ Mayor #12 EST. , ' 1836 Finance ❑ Engineer ❑ Tracking Number City Administrator ■ Consultant ❑ CC 2010 -99 SCE ❑ Agenda Item Summary Memo Title: Ordinance Amending City Code Providing for an Admission Fee at Inter -Track Wagering Locations Meeting and Date: City Council 11/23/10 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: I I Ordinance No. 2010- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR AN ADMISSION FEE AT INTER -TRACK WAGERING LOCATIONS 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, pursuant to the Illinois Horse Racing Act (230 ILCS 511 et seq.), the City desires to establish an admission fee to inter -track wagering locations within the corporate boundaries of the City (230 ILCS 5/27). 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 Title 3, Chapter 2 of the United City of Yorkville Code of Ordinances is hereby amended by adding section 3 -2 -8 to read as follows: "Section 3 -2 -8 INTER -TRACK WAGERING FACILITY ADMISSION FEE (A) Definitions: Whenever used in this section, the word "Act" shall mean the "Illinois Horse Racing Act of 1975" as amended. Whenever used in this section, the words "Board" and "Inter -track wagering location. licensee" shall have the meanings specified in Sections 3.01 and 3.073, respectively of the Act. (B) Fee Imposed: A one dollar ($1.00) admission fee is imposed upon each patron of an inter -track wagering location facility located wholly within the corporate boundaries of the City. It shall be the duty of each such Inter -track wagering location licensee to collect such admission fee and, within 48 hours of collection, to remit the fees to the Board. As provided in Section 27 of the Act, the Board shall cause such fees to be distributed to the City. The Director of Finance is authorized and directed to collect such fees as shall be distributed by the Board to the City." Section 2. 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. 2010. CITY CLERK 1 i ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, this Y> > day of 2010. MAYOR 1 2 I i J.- Reviewed By: Agenda Item Number J ' -0 Legal ❑ Mayor #13 EST. 1836 Finance ❑ Engineer ❑ City Administrator Tracking Number O Police ❑ Human Resources ❑ CC 2010 -100 Public Works ❑ City Council Agenda Item Summary Memo Title: Debt Obligations City Council/ Committee Agenda Date: City Council —November 23, 2010 Synopsis: See attached memo. I Council Action Previously Taken: Date of Action: N / A Action Taken: Item Number: Type of Vote Required: N / A Council Action Requested: Discussion and direction Submitted by: Bart Olson Administration Name Department Agenda Item Notes: C l , * Memorandum To: City Council esr. ' 1836 From: Bart Olson, City Administrator CC: Date: November 19, 2010 C Subject: Debt Obligations l CE The purpose of this agenda item is to discuss options for satisfying the City's current debt obligations. This item was requested by Mayor Burd, and she has asked that we study options for refinancing and /or restructuring existing debt obligations into terms that are more favorable to the City. The City's bond underwriter, Peter Raphael of William Blair and Co., will be on hand to answer questions about the details of this report. Debt Obligations The complete list of City debt obligations is contained within my October 22" d memo that was presented to the City Council on October 26 Within that report, there are 16 different debt obligations. Of these 16 debt obligations, there are four that are either low- interest loans, or debt'for which have not bonded. These four are listed below, and are not candidates for restructuring because they have either very low- interest rates or no interest. 1) Grande Reserve Court Order a. Referred to as WFDO #1 b. Paid out of the water fund c. A three year payment of an obligation within the Grande Reserve annexation agreement (no interest, because there was no borrowing) 2) IEPA Drinking Water Loan a. Referred to as WFDO #3 b. Paid out of the water fund c. Low - interest loan from the IEPA 3) Sanitary Siphon IEPA Loan a. Referred to as SFDO #7 b. Paid out of the sewer fund c. Low - interest loan 4) IEPA Waste Water Loan a. Referred to as SFDO #8 b. Paid out of the sewer fund c. Low - interest loan The remaining 12 debt obligations are: 1) Bond 2004C — In -town Road Program Phase I a. Referred to as GFDO #1 (in October 26 memo) b. Paid out of the debt service fund, via a transfer from the General Fund I 2) Bond 2005A — In -town Road Program Phase 1I a. Referred to as GFDO #2 b. Paid out of the debt service fund, via a transfer from the General Fund 3) Bond 2003 — Radium Compliance Bond a. Referred to as WFDO #2 b. Paid out of the water fund 4) Bond 2006A — Issuance refunding a. Referred to as WFDO #4 b. Paid out of the water fund 5) Bond 2002A — North Water Tower a. Referred to as WFDO #5 b. Paid out of the water fund 6) Bond 2005C — Alt Rev Water and Sewer a. Referred to as WFDO #6 b. Paid out of the water and sewer funds 7) Bond 2007A — Refunding bond a. Referred to as SFDO #1 b. Paid out of the sewer fund 8) Bond 2008 — Refunding Rob Roy Sewer a. Referred to as SFDO #2 b. Paid out of the sewer fund 9) Bond 2003A — Bruell Street a. Referred to as SFDO #3 b. Paid out of the sewer fund 10) Bond 2004B — Countryside Alt Revenue Bond a. Referred to as SFDO #4 b. Paid out of the sewer fund 11) Bond 2004A — ComEd Hydraulic Principal a. Referred to as SFDO #5 b. Paid out of the sewer fund 12) Bond 2005D — Rob Roy a. Referred to as SFDO #6 b. Paid out of the sewer fund Paring down the list of 12 bonds Of the 12 bonds listed above, there are two bonds that are refunding (restructuring) of previous debt issuances. Because of the nature of the restructuring that was done, these bonds either can not be restructured again, or there is a severe financial penalty for doing so. These two bonds are item #4 and item #7 in the list above. The bond numbers are 2006A and 2007A, and are referred to as WFDO #4 and SFDO #l, respectively, in my October 22 City Council report. Therefore, these bonds have been removed from the list of potential bonds for restructuring. The list is now down to 10 bonds. Of the remaining ten, there are two that are due to be paid off by FY 12/13, and a third that will be paid off in FY 14/15. Since these bonds are set to be paid off in the near future, and are relatively small amounts, it does not make sense to refinance or restructure these over 20 years. The two bonds that are set to be paid off in FY 12/13 are item #1 and item #5 on the list above. The bond that is set to be paid off in FY 14/15 is item number 11 above. The bond numbers are 2004C, 2002A, and 2004A and are referred to as GFDO #1, WFDO #5, and SFDO #5 respectively, in my October 22 City Council report . Therefore, these bonds have been removed from the list of potential bonds for restructuring. The list is now down to 7 bonds. Of the remaining 7, there is one that has a dedicated revenue stream (via the water infrastructure improvement and maintenance fee) and one that is being paid out of the general fund, somewhat comfortably. Because we have ways to pay off both of these bonds, and refinancing would add significant interest costs, I do not recommend we restructure or refinance these two. These two bonds are item #2 and item #3 on the list above. The bond numbers are 2005A and 2003, respectively, in my October 22 City Council report. Therefore these have been removed from the list of potential bonds for restructuring. The list is now down to 5 bonds, and all of them are included within the sewer fund. For clarity, the 5 bonds are listed in the attached table: United City of Yorkville Proposed Bond Debt Restructuring Existing Debt Service on These Issues 2005C Alt Rev Water and Sewer 2004B (Sewer only Countryside 2003AIRBB Period listed) Sew er Bruell Street 2005D 2008 Rob Roy TOTAL DEBT Ending Dtd 09/01/05 Did 03/01/04 Did 09/01/03 Rob Roy Restructuring SERVICE FY 10/11 $ - $ - $ 126,826 $ 537,541 $ - $ 664,367 FY 11/12 $ 83,863 $ 258,650 $ 165,143 $ 1,578,925 $ 165,135 $ 2,251,716 FY 12/13 $ 82,288 $ 263,850 $ 166,248 $ 1,944,450 $ 110,090 $ 2,566,926 FY 13/14 $ 82,988 $ 368,750 $ 162,048 $ 1,978,050 $ 110,090 $ 2,701,926 FY 14115 $ 83,588 $ 453,950 $ 162,648 $ 2,207,500 $ 110,090 $ 3,017,776 FY 15/16 $ 84,088 $ 460,825 $ 162,870 $ 3,124,500 $ 110,090 $ 3,942,373 FY 16/17 $ 84,488 $ 462,000 $ 162,755 $ - $ 1,095,090 $ 1,804,333 FY 17/18 $ 82,288 $ 470,600 $ 162,293 $ $ 1,091,408 $ 1,806,589 FY 18/19 $ 85,088 $ 473,200 $ 166,233 $ - $ - $ 724,521 FY 19/20 $ 82,688 $ - $ 164,668 $ - $ - $ 247,356 FY 20/21 $ 84,388 $ $ 162,850 $ - $ - $ 247,238 FY 21/22 $ 83,313 $ - $ 165,710 $ $ $ 249,023 FY 22/23 $ 82,100 $ - $ 163,060 $ $ $ 245,160 FY 23/24 $ 83,250 $ - $ - $ - $ - $ 83,250 FY 24/25 $ 79,125 $ - $ - $ $ - $ 79,125 FY 25/26 $ - $ $ $ - $ - $ - FY 26/27 $ $ $ $ - $ - $ - FY 27/28 $ $ - $ - $ $ $ - FY 28/29 $ - $ - $ - $ $ $ - For all of these bonds, the City is currently working with an estimated $600,000 in revenues next year, $325,000 the year after that, and only $200,000 in revenue every year thereafter (assumes no growth). Don't forget, there are also three other debt obligations that we can not, or clearly should not, refinance or restructure. How to meet our sewer debt obligations The first item to be discussed is eliminating the option that we can cut from other departments to pay sewer debt. First, the City has no fund balance in the general fund, and we are working on eliminating a deficit in FY 10 /11. Therefore, we have no money in which to pull from a proverbial- savings- account in which to pay these sewer debts. Second, the City likely has $275,000 in fund balance within the sewer fund. This $275,000 is part of the estimated $600,000 in total revenues that I reference in the paragraph immediately above this paragraph. Clearly, that is not enough money to meet our debt obligations. Third, the sewer fund is an enterprise fund, which means all sewer revenues should offset all sewer expenses. It would not be proper budgeting to cut from other funds and transfer money into the sewer fund to pay these obligations. Finally, in the event that you decided it was proper to cut from other funds and transfer money into the sewer fund, you would have to lay off everyone within the Administration, Finance, Engineering, Community Development, Community Relations, and Streets departments, and every Police officer to meet debt obligations next year (and remember, the debt obligations increase next year). To reiterate, that would leave you with a Police Chief, two Deputy Chiefs, a Lieutenant and 4 Sergeants within your general fund. Obviously, that is an absurd recommendation given the needs of the community, and is only used for illustration purposes. The above determinations leave us with fixing the sewer fund issues within the sewer fund. This means cutting expenses or raising revenues. As discussed previously, there are two sub -funds within the sewer fund: the operations side, and the improvement side. The operations side includes sewer department employees, and their costs. These expenses are being properly covered by operational revenues, namely the $18 maintenance fee that is on a utility bill. So, that leaves us with the improvement side. The only way we can reduce expenses on the improvement side of the budget is to refinance or restructure the existing debt. Defaulting on the debt is not an option, because the debt consists of alternate revenue bonds. When a bond is an alternate revenue bond, it means the City has passed an ordinance declaring that a revenue stream will be pledged to pay back the bonds. The revenue streams pledged were sewer connection fees, IPF fees (from YBSD), or other streams - all of which have substantially decreased. When these streams are not available, the ordinances for each bond declared that the City would pledge general obligation bonds for each debt. That means that the City promised to pay the bonds with property taxes that are above and beyond the existing tax cap. Each winter, we analyze our ability pay each bond and pass an abatement ordinance that says we have enough revenues to make the bond payments, and that the general obligation property taxes do not have to be levied. If we do not have enough money to pay each bond, the debt service will be satisfied automatically through general obligation property taxes. This means that if we get into a scenario where the City determines that it does not have enough money and passes an abatement ordinance anyway, and then refuses to pay the bond, the bondholders will sue the City, we will lose, and the judge will direct the general obligation property taxes to be levied. Clearly, allowing our actions to result in litigation is not an acceptable option. This leaves us with four viable, but difficult options: the creation of a sewer infrastructure improvement and maintenance fee, the refinancing or restructuring of our existing debt, the automatic implementation of general obligation property taxes, or a combination of the three. I Scenario 1- no refinancing, abate all taxes, creation of a bonding fee United City of Yorkville j Proposed Bond Debt Restructuring Existing Debt Service on These Issues 2005C Alt Rev Water and Sewer 2004B (Sew eronly Countryside 2003AIRB13 Sanitary Arrounlof Period listed) Sewer Bruell Street 2005D 2008 Rob Roy Siphon Loan - IE'A Waste TOTAL DEBT Connection Gap to be Bonding Ending Dld 09/01/05 Did 03/01 /04 Old 09/01/03, Rob Roy Restructuring IEPA Water Loan Bond 2007A SERVICE Fee Revenue covered Fee FY 10/11 $ - $ - $ 126,626 $ 537,541 $ - $ 38,980 $ 107,051 $ - $ 810,398 $ - FY 11112 $ 83,863 $ 258,650 $ 165,143 $ 1,578,925 $ 165,135 $ 38,980 $ 107,051 $ 133,866 $ 2,531,613 $ 600,000 $ 1,931,613 $ 27.28 FY 12/13 $ 82,288 $ 263,850 $ 166,248 $ 1,944,450 $ 110,090 $ 38,980 $ 107,051 $ 133,454 $ 2,846,411 $ 325,000 $ 2,521.411 $ 35.61 FY 13/14 $ 82,988 $ 368,750 $ 162,048 $ 1,978,050 $ 110,090 $ - $ 107,051 $ 138.041 $ 2,947,018 $ 200,000 $ 2,747,018 $ 38.80 FY 14115 $ 83,588 $ 453,950 $ 162,648 $ 2,207,500 $ 110,090 $ - $ 107,051 $ 137,423 $ 3,262,250 $ 200,000 $ 3,062,250 $ 43.25 FY 15/16 $ 84,088 $ 460,825 $ 162,870 $ 3,124,500 $ 110,090 $ - $ 107,051 $ 136,793 $ 4,186,217 $ 200,000 $ 3,986,217 $ 56.30 - FY 16117 $ 84,488 $ 462,000 $ 162,755 $ - $ 1,095,090 $ - $ 107,051 $ 136,163 $ 2,047,547 $ 200,000 $ 1,847,547 $ 26.10 FY 17118 $ 82,288 $ 470,600 $ 162,293 $ - $ 1,091,408 $ - $ 107,051 $ 135,525 $ 2,049,165 S 200,000 $ 1,849,165 $ 26.12 FY 18/19 $ 85,088 $ 473,200 $ 166,233 $ - $ - $ - $ 107,051 $ 134,888 $ 966,460 $ 200,000 $ 766,460 $ 10.83 FY 19/20 $ 82,688 $ - $ 164,668 $ - $ - $ - $ 53,525 $ 799,250 $ 1,100,131 $ 200,000 $ 900,131 $ 12.71 FY 20/21 $ 84,388 $ - $ 162,850 $ - $ - $ - $ - $ 785,350 $ 1,032,588 $ 200,000 $ 832,588 $ 11.76 FY 21/22 S 83,313 $ - $ 165,710 $ - $ - $ - $ - $ 785,813 $ 1,034,836 $ 200,000 $ 834,836 $ 11.79 FY 2223 $ 82,100 $ - $ 163,060 $ - $ - $ - $ - $ 780,000 $ 1,025,160 $ 200,000 $ 825,160 $ 11.65 FY 2324 $ 83,250 $ - $ $ - $ - $ $ - $ - $ 83,250 $ 200,000 $ - $ - FY 2425 $ 79,125 $ - $ - $ - $ - $ - $ - $ - $ 79,125 $ 200,000 $ - $ - FY 2526 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ FY 2627 $ - $ - $ $ - $ $ $ - $ - $ - $ - $ - $ FY 2728 $ - $ - $ - $ - $ $ $ - $ - $ - $ - $ - $ - FY 2829 $ $ $ - $ $ - $ - $ $ - $ - $ $ $ - I do not recommend this as an option due to the dramatic increase in a user fee. This user fee would also be regressive, and would be inequitably paid by residents as opposed to businesses. i Scenario 2 - refinance all available debt, abate all taxes, creation of a bondine fee United City of Yorkville j Proposed Bond Debt Restructuring Existing Debt Service on These Issues 2005C, 20048, and - 20031RBB 2005D and 2008 Period Refinanced into one Refinanced into one Sanitary Siphon IEPA Waste Water TOTAL DEBT Connection Gap to be Amount of Ending package package Loan - IEPA Loan Bond 2007A SERVICE Fee Revenue covered bonding fee IFY 10/11 $ - $ - $ 38,980 $ 107,051 $ - $ 146,031 $ - FY 11/12 $ 404,174 $ 892,304 $ 38,980 $ 107,051 $ 133,866 $ 1,576,375 $ 600,000 $ 976,375 $ 13.79 FY 12/13 $ 405,300 $ 892,928 $ 38,980 $ 107,051 $ 133,454 $ 1,577,713 $ 325,000 $ 1,252,713 $ 17.69 FY 13114 $ 405,300 $ 890,537 $ - $ 107,051 $ 138,041 $ 1,540,929 $ 200,000 $ 1,340,929 $ 18.94 FY 14/15 $ 405,300 $ 892,365 $ $ 107,051 $ 137,423 $ 1,542,139 $ 200,000 $ 1,342,139 $ 18.96 FY 15/16 $ 405,300 $ 892,969 $ - $ 107,051 $ 136,793 $ 1,542,113 $ 200,000 $ 1,342,113 $ 18.96 FY 16/17 $ 405,300 $ 892,137 $ - $ 107,051 $ 136,163 $ 1,540,651 $ 200,000 $ 1,340,651 $ 18.94 FY 17/18 $ 405,300 $ 889,570 $ - $ 107,051 $ 135,525 $ 1,537,446 $ 200,000 $ 1,337,446 $ 18.89 FY 18/19 $ 405,300 $ 890,535 $ - $ 107,051 $ 134,888 $ 1,537,774 $ 200,000 $ 1,337,774 $ 18.90 FY 19/20 $ 405,300 $ 889,852 $ $ 53,525 $ 799,250 $ 2,147,927 $ 200,000 $ 1,947,927 $ 27.51 FY 20/21 $ 405,300 $ 892,642 $ - $ - $ 785,350 $ 2,083,292 $ 200,000 $ 1,883,292 $ 26.60 FY 21/22 $ 405,300 $ 889,355 $ $ $ 785,813 $ 2,080,468 $ 200,000 $ 1,880,468 $ 26.56 FY 22/23 $ 405,300 $ 892,418 $ $ $ 780,000 $ 2,077,718 $ 200,000 $ 1,877,718 $ 26.52 FY 23/24 $ 1,085,300 $ 888,506 $ $ $ - $ 1,973,806 $ 200,000 $ 1,773,806 $ 25.05 FY 24/25 $ 1,089,500 $ 888,307 $ $ $ $ 1,977,807 $ 200,000 $ 1,777,807 $ 25.11 FY 25/26 $ 1,086,000 $ 891,665 $ - $ - $ - $ 1,977,665 $ 200,000 $ 1,777,665 $ 25.11 FY 26/27 $ 1,090,100 $ 888,618 $ - $ - $ - $ 1,978,718 $ 200,000 $ 1,778,718 $ 25.12 IFY 27/28 $ 1,086,200 $ 892,636 $ - $ - $ - $ 1,978,836 $ 200,000 $ 1,778,836 $ 25.12 IFY 28/29 $ 1,089,600 $ 869,355 $ - $ - $ - $ 1,978,955 $ 200,000 $ 1,778,955 $ 25.13 FY 29130 $ 1,089,700 $ 889,198 $ $ $ $ 1,978,898 $ 200,000 $ 1,778,898 $ 25.13 FY 30/31 $ 1,086,500 $ 891,877 $ - $ - $ - $ 1,978,377 $ 200,000 $ 1,778,377 $ 25.12 FY 31/32 $ - $ - $ $ $ $ $ - $ $ - Refinanced Refinanced Not Original Cost $6.5m Original Cost $13.6m advantageous to Not advantageous Refi'd Cost $13.5m Refi'd Cost $17.8m refi to refi Can not refi While the bonding fee in this scenario is less than in scenario #1, the additional cost in interest is over $11 million. Anew scenario could be created wherein you could only refinance one of the two packages above, but in either case you are creating millions of dollars in additional debt via interest. In either case, the short-term advantage to residents (the bonding fee is lower in the near term) is greatly overshadowed by the long -term cost (the fee is higher in the long term, and is needed for an additional ten years). For these reasons, I do not recommend any refinancing of existing bonds. Additionally, this option is still regressive, and still inequitably impacts residents as opposed to businesses. Therefore, I do not recommend this option. �I Scenario 3 - refinance nothing. GO property tax on Rob Rov bonds, creation of a bonding fee United City of Yorkville I Proposed Bond Debt Restructuring Existing Debt Service on These Issues 2005C Alt Rev Water and Sew er 20048 2003AIRBB Period (Sewer only listed) Countryside Sewer Bruell Street Sanitary Siphon IEPA Waste Water TOTAL DEBT Connection Gap to be Arnount of Ending Dtd 09101 /05 Did 03/01 /04 Did 09/01/03 Loan - IEPA Loan Bond 2007A SERVICE Fee Revenue covered bonding fee FY 10/11 $ - $ - $ 126,826 $ 38,980 $ 107,051 $ - $ 272,857 $ - FY 11112 $ 83,863 $ 258,650 $ 165,143 $ 38,980 $ 107,051 $ 133,866 $ 787,553 $ 600,000 $ 187,553 $ 11.12 FY 12113 $ 82,288 $ 263,850 $ 166,248 $ 38,980 $ 107,051 $ 133,454 $ 791,871 $ 325,000 $ 466,871 $ 11.18 FY 13/14 $ 82,988 $ 368,750 $ 162,048 $ - $ 107,051 $ 138,041 $ 858,878 $ 200,000 $ 658,878 $ 12.13 FY 14/15 $ 83,588 $ 453,950 $ 162,648 $ - $ 107,051 $ 137,423 $ 944,660 $ 200,000 $ 744,660 $ 13.34 FY 15/16 $ 84,088 $ 460,825 $ 162,870 $ - $ 107,051 $ 136,793 $ 951,627 $ 200,000 $ 751,627 $ 13.44 FY 16/17 $ 84,488 $ 462,000 $ 162,755 $ - $ 107,051 $ 136,163 $ 952,457 $ 200,000 $ 752,457 $ 13.45 FY 17/18 $ 82,288 $ 470,600 $ 162,293 $ - $ 107,051 $ 135,525 $ 957,757 $ 200,000 $ 757,757 $ 13.53 FY 18/19 $ 85,088 $ 473,200 $ 166,233 $ - $ 107,051 $ 134,888 $ 966,460 $ 200,000 $ 766,460 $ 13.65 FY 19/20 $ 82,688 $ $ 164,668 $ - $ 53,525 $ 799,250 $ 1,100,131 $ 200,000 $ 900,131 $ 15.54 FY 20121 $ 84,388 $ - $ 162,850 $ - $ - $ 785,350 $ 1,032,588 $ 200,000 $ 832,588 $ 14.58 FY 21122 $ 83,313 $ - $ 165,710 $ - $ - $ 785,813 $ 1,034,836 $ 200,000 $ 834,836 $ 14.62 FY 22/23 $ 82,100 $ - $ 163,060 $ - $ - $ 780,000 $ 1,025,160 $ 200,000 $ 825,160 $ 14.48 FY 23124 $ 83,250 $ - $ - $ - $ - $ - $ 83,250 S 200,000 $ - $ - FY 24/25 $ 79,125 $ - $ - $ - $ - $ - $ 79,125 $ 200,000 $ - $ - FY 25/26 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - FY 26/27 $ - $ - $ - $ $ $ - $ - $ - $ $ - FY 27/28 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - FY 28129 $ - $ - $ - $ - $ - $ - $ - $ - $ _ - $ - 4 FY 29130 $ - $ - $ - $ - $ - $ - $ - $ - S - $ FY 30131 $ - $ - $ - $ - $ - $ $ - $ - $ - $ FY 31/32 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Not advantageous to Not advantageous Not refinanced Not refinanced Not refinanced refi to ref! Can not ref! Period 2005D 2008 Rob Roy TOTAL DEBT Est. Property Yearly Tax for Yearly lax for Yearly tax for Yearly tax for Ending Rob Roy Restructuring SERVICE Tax Rate $100k house $250k house $500k house $2m business FY 10/11 $ 537,541 $ - $ 537,541 $ - $ - $ - $ - $ FY 11/12 $ 1,578,925 $ 165,135 $ 1,744,060 $ 0.3071 $ 87 $ 241 $ 496 $ 2,032 FY 12/13 $ 1,944,450 $ 110,090 $ 2,054,540 $ 0.3617 $ 102 $ 283 $ 585 $ 2,393 FY 13/14 $ 1,978,050 $ 110,090 $ 2,088,140 $ 0.3676 $ 104 $ 288 $ 594 $ 2,432 FY 14115 $ 2,207,500 $ 110,090 $ 2,317,590 $ 0.4080 $ 116 $ 320 $ 660 $ 2,700 FY 15116 $ 3,124,500 $ 110,090 $ 3,234,590 $ 0.5695 $ 161 $ 446 $ 921 $ 3,768 FY 16/17 $ - $ 1,095,090 $ 1,095,090 $ 0.1928 $ 55 $ 151 $ 312 $ 1,276 FY 17/18 $ $ 1,091,408 $ 1,091,408 $ 0.1921 $ 54 $ 151 $ 311 $ 1,271 FY 18/19 $ - $ - $ - $ - $ - $ - $ - $ - Available for refi Available for refi This is the option I recommend. While it is a difficult decision to create a fee and allow a portion of the debt to revert back to ro ert taxes, this scenario contains a portion of revenue generated from a p p Y p bonding fee, which is advantageous to the businesses as opposed to the residents, and property taxes, which is advantageous to the residents as opposed to the businesses. Additionally, the tax is partially progressive (real estate taxes) and regressive (bonding fee). Property taxes are able to be deducted from income. Finally, this scenario results in no additional interest costs, because there is no refinancing or restructuring. For any of the scenarios, we have the ability to decrease the bonding fee or abate the property taxes in the future. D CI Reviewed B : Agenda Item Number T y Y J Legal ❑ PW #1 1836 EST, 1 Finance El Engineer ■ Tracking Number u 0 City Administrator ■ �O Consultant ❑ PW 2010 -69 I Agenda Item Summary Memo Title: River Road Bridge Replacement — Intergovernmental Agreement Meeting and Date: November 23, 2010 City Council meeting I Synopsis: This proposed intergovernmental agreement formalizes funding and other commitments by the city and county regarding this bridge project. Council Action Previously Taken: Date of Action: PW 11/16/10 Action Taken: Consensus of PW Committee for this item to be on the 11/23/10 CC agenda for approval. Item Number: PW 2010 -69 Type of Vote Required: Majority Council Action Requested: Approval subject to legal and staff review. i Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: II i i i I � ♦,��D Co. 0 Memorandum s, EST. �„ 1836 To: Bart Olson, City Administrat 1 , 1 e - y From: Joe Wywrot, City Engineer t 9 _ = = CC: Lisa Pickering, Deputy City <LE Date: November 17, 2010 Subject: River Road Bridge Replacement — Intergovernmental Agreement I have been in discussion with Fran Klaas, the Kendal County Highway Engineer, regarding combined efforts of the city and county to fund the River Road Bridge project and to coordinate the project between ourselves and IDOT. The attached intergovernmental agreement with Kendall County would formalize funding commitments and other tasks for the project. The proposed agreement would obligate the county to channel federal Highway Bridge Program funds to pay for 80% of Phase 1 and Phase 2 Engineering. The city would be obligated to fund 20% of Phase 1 and Phase 2. Concurrent with Phase 2 is right -of -way and easement acquisition. We have previously secured a 40 -foot half right -of -way dedication from Yorkville Bristol Sanitary District along their entire River Road frontage. Phase I Engineering would determine if additional right -of -way or easements are needed elsewhere. The city would be responsible for all right -of -way and /or easement acquisition costs. IDOT has approved this project for funding through their Major Bridge Program. The IDOT funding would cover 80% of all Phase 3 costs, including construction and construction engineering, up to a maximum of $1,936,000. The city would be responsible for the remaining 20% of construction- related costs. The agreement also specifies that the county would act as the lead agency for Phase 1 and Phase 2, and the city would be lead agency for Phase 3. The IDOT funding anticipates that construction will occur in calendar year 2015. In order to meet that timeframe, we need to begin Phase 1 soon. Since the city has no funds budgeted for this project in the current fiscal year, the county has tentatively agreed to front -fund the city's 20% share of Phase 1 and Phase 2 until the city can budget for those expenses next fiscal year. The city also would reimburse the county next fiscal year for any front - funding they may have performed. I recommend that this agreement be approved subject to legal and staff review. This item was recommended for approval by the Public Works Committee at their meeting on November 16, 2010. Please place this item on the November 23, 2010 City Council agenda for consideration. INTERGOVERNMENTAL AGREEMENT FOR THE REPLACEMENT OF THE RIVER ROAD BRIDGE OVER BLACKBERRY CREEK, YORKVILLE, ILLINOIS THIS INTERGOVERNMENTAL AGREEMENT by and between the County of Kendall, a unit of local government of the State of Illinois ( "Kendall County ") and the United City of Yorkville, Kendall County, Illinois (the "City ") a municipal corporation of the State of Illinois. WITNESSETH: WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 and the Intergovernmental Cooperation A ct (5 ILCS 220/1 et seq.) permit units of local government to obtain or share services and to jointly contract, combine or transfer any power, privilege, function or authority among themselves; and, WHEREAS, Kendall County and the City have determined it to be in the best interest of the region to combine funds received by the City from the Illinois Department of Transportation's Major Bridge Program with funds received by Kendall County from the federal Highway Bridge Program in order to undertake the replacement of the River Road Bridge over Blackberry Creek (the "Project ") pursuant to the terms conditions and limitations as hereinafter set forth; and, WHEREAS, the Project, once completed, shall provide a safe and efficient roadway network for the benefit of the residents of the City and Kendall County. NOW, THEREFORE, in consideration of the premises and the mutual covenants hereafter set forth, the parties agree as follows: Section 1. The foregoing preambles are hereby incorporated as if fully restated in this Section 1. 1 �, Section 2. Kendall County hereby agrees to contract with an engineering firm, approved by the City, to undertake the preliminary engineering ( "Preliminary Engineering ") for the Project. Upon completion of the Preliminary Engineering and approval by the County and the City, the County shall direct the engineering firm to proceed with the design engineering (the "Design Engineering ") for the Project. Section 3. Kendall County hereby commits sufficient Highway Bridge Program monies to fund eighty (80 %) percent of the total cost of Preliminary Engineering and Design Engineering. The County agrees to pay the remaining twenty percent (20 %) on the condition that the City reimburses the County for said twenty percent (20 %) on or before April 30, 2012. The City hereby agrees to reimburse the County on or before April 30, 2012, for any portion of the cost of the Preliminary Engineering and the Design Engineering advanced by the County on behalf of the City. Section 4. Upon completion and approval of the Design Engineering, the City agrees I to undertake the acquisition of such interests in real estate, including temporary or permanent easements or fee ownership, as deemed necessary to construct the replacement of the River Road Bridge over Blackberry Creek and shall be responsible for all costs in connection with such acquisition. It is understood that construction of the Project is currently scheduled for calendar year 2015 and the parties hereto agree to work cooperatively toward that date. Section 5. This Agreement and the rights of the parties hereunder may not be assigned (except by operation of law), and the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. Nothing in this Agreement, express or implied, is intended to confer upon any party, other than 2 the parties and their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of such agreements. Section 6. All notices required or permitted hereunder shall be in writing and may be given by (a) depositing the same in the United States mail, addressed to the party to be notified, postage prepaid and certified with the return receipt requested, (b) delivering the same in person, or (c) telecopying the same with electronic confirmation of receipt. If to the County: County Administrator County of Kendall 111 West Fox Street Yorkville, Illinois 60560 If to the Village: City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Or such address or counsel as any party hereto shall specify pursuant to this Section from time to i time. Section 7. In case of any provision of this Agreement shall be invalid, illegal or unenforceable, it shall, to the extent possible, be modified in such manner as to be valid, legal and enforceable so as to most nearly retain the intent of the parties, and, if such modification is not possible, such provision shall be severed from this Agreement, and in either case the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. Section 8. Time is of the essence with respect to this Agreement. Section 9. This Agreement is executed in multiple counterparts, each of which shall be deemed to be and shall constitute one and the same instrument. 3 IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. County of Kendall, a unit of local government United City of Yorkville, Kendall County, of the State of Illinois Illinois a municipal corporation By: By: Chair, Kendall County Board Mayor Attest: Attest: County Clerk City Clerk 4 = ♦ ,��D Co. o Reviewed By: Agenda Item Number J 0 Legal PW #2 Finance El EST. � 1836 Engineer 0 Tracking Number 4 � City Administrator ❑ . �O Consultant ❑ PW 2010 -75 <CE ��Y ❑ Agenda Item Summary Memo Title: Proposed Revisions /Clarifications to Letter of Credit Policy Meeting and Date: November 23, 2010 City Council Synopsis: Proposed revisions regarding construction guarantees for un- subdivided developments and for warranty periods. i Council Action Previously Taken: Date of Action: PW 11/16/10 Action Taken: Consensus of PW Committee for this item to be on the 11/23/10 CC agenda for approval. Item Number: PW 2010 -75 Type of Vote Required: Majority Council Action Requested: Approval subject to legal review Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Cl?, O Memorandum EST. , _ 1836 To: Bart Olson, City Administrator e From: Joe Wywrot, City Engineer , u 9 p CC: Lisa Pickering, Deputy City U erk LE , ��,C� Kathy Orr, City Attorney Date: November 19, 2010 Subject: Proposed Ordinance & Resolutions Regarding Construction Guarantees Attached find a rough draft of one ordinance and two resolutions regarding proposed revisions /clarifications to our construction guarantee requirements. There are three issues that I recommend we address: 1. For a typical residential subdivision, we require a construction guarantee for "land improvements ", which include new public infrastructure (such as sanitary sewers), but also private improvements (such as earthwork, some landscaping, etc.) that will never be owned or maintained by the city but are regional in nature or otherwise meet the definition of a land improvement. We are authorized to require the construction guarantee because the requirement is part of our Subdivision Control Ordinance. Section 2.00 of that ordinance states that the intent of the ordinance is "To prescribe reasonable rules and regulations governing the subdivision and platting of land... ". For developments that don't include the subdivision of land, however, we can only require a construction guarantee for earthwork and erosion control. That authority comes from our Soil & Erosion Control ordinance. For other land improvements, whether they are to be eventually owned by the city or not, we cannot require a construction guarantee because our Subdivision Control Ordinance doesn't apply. I recommend that we adopt an ordinance requiring construction guarantees for land improvements in all developments, regardless of whether the land is subdivided or not. See the attached draft ordinance governing construction guarantee requirements. 2. At final acceptance we require a warranty bond which is 10% of the approved cost estimate for land improvements. Our practice has been to cover privately owned "land improvements" with the warranty bond for larger developments, but for smaller developments we have at times released the bond for private improvements. Some privately owned land improvements that are regional in nature should be continue to be covered by a warranty bond, such as a stormwater basin that serves multiple properties or a berm that screens commercial properties from residential properties. I recommend that other privately -owned land improvements (such as private parking lots, storm sewer, etc.) that are not regional in nature not be required to have a warranty period. They are the developer's property and their responsibility to maintain, and if they choose not to maintain their property to like -new standards during the first year we should not be overly concerned about it. Since replacement of dead landscaping is the most common "warranty punchlist" item, all landscaping would continue to be covered by a warranty bond. See the attached draft resolution regarding requirements for private land improvements. 3. As the end of the warranty period approaches, we spot -check the development to make sure that everything is still in good condition. If we find the development to be in good condition we allow the warranty expiration date to pass without taking action. For most developments that's the end of it. Some developers, however, request that the city send them a letter formally releasing the warranty bond. We have provided those letters when requested, and we do notify the City Council of this in our quarterly bond /LOC reduction reports. Resolution 2009 -40 authorizes city staff to approve reductions for developments whose initial construction guarantee amounts are less than $1,000,000. I would like to clarify, however, that staff is authorized to release warranty bonds upon the successful completion of the warranty period. Since the warranty amount is 10% of the original estimate of cost, the upper limit of a construction guarantee that could be released by staff is $91,000. See the attached resolution regarding the release of warranty securities. These three issues were discussed at the Public Works Committee on November 16' All aldermen present were in favor of the ordinance change, but consensus was not reached regarding the two resolutions. The committee decided to send all three issues to the City Council for further debate. Please place this item on the November 23, 2010 City Council agenda for consideration. i I I DRAFT Ordinance No. 2010 - ORDINANCE REGARDING CONSTRUCTION GUARANTEE REQUIREMENTS WHEREAS, the Subdivision Control Ordinance of the United City of Yorkville requires that land developers provide security for the successful completion of the installation of public and quasi- public (together also known as land improvements), including but not limited to streets, curbs, sidewalks, watermains, storm and sanitary sewers, streetlights, detention basins, landscaping, etc. for developments that involve the subdivision of land, and i WHEREAS, many developments that include the construction of land improvements do not involve the subdivision of land, and WHEREAS, the Mayor and City Council wish to provide for adequate construction guarantees regardless of whether a development includes the subdivision of land or not. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois: Section 2.00 of the Subdivision Control Ordinance be deleted in its entirety and replaced with the following language: Section 2.00 — INTENT & PURPOSE The regulations of this ordinance are adopted: 1. To protect the interests of the land owner, in investor in land, the homeowner, and the municipal unit; 2. To conserve, protect, and enhance property and property values; to secure the most efficient use of land; and to facilitate the provisions of land improvements; 3. To provide for orderly growth and development; to afford adequate facilities for the safe and efficient means for traffic circulation of the public; and to safeguard the public against flood damage; 4. To prescribe reasonable rules and regulations governing the subdivision and platting of land; the preparation of plats; the location, width, and course of streets and highways; the installation of utilities; street pavements, and other essential improvements; and the provision of necessary public grounds for schools, parks, playgrounds, and other open spaces; 5. To prescribe reasonable rules, regulations, and design standards governing the development of land, regardless of whether the development involves the subdivision of property; 6. To establish procedures for the submission, approval, and recording of plats, to provide the means for enforcement of the ordinance, and to provide penalties for violations. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of 1 2010. ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , 2010. MAYOR ATTEST: CITY CLERK DRAFT RESOLUTION No. 2010 - MODIFYING WARRANTY REQUIREMENTS FOR PRIVATE LAND IMPROVEMENTS WHEREAS, the United City of Yorkville requires that land developers provide security for the successful completion of the installation of public and quasi - public (together also known as land improvements), including but not limited to streets, parking lots, curbs, sidewalks, watermains, storm and sanitary sewers, streetlights, detention basins, landscaping, etc., and WHEREAS, said security is typically established either by means of a Letter of Credit or a Bond, and WHEREAS, from time to time, a developer will seek reduction to the Letter of Credit or Bond amount after substantial completion of a portion of the land improvements under heretofore established practices and /or contracts, and WHEREAS, current practice established by the Subdivision Control Ordinance and Resolution 2009 -40 involves an approval of the City Engineer's recommendation by the City Administrator, and WHEREAS, the Mayor and City Council wish to clarify the security requirements for warranty periods. NOW THEREFORE BE IT HEREBY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE: The security requirement for warranty periods is amended and clarified as follows: 1. Construction guarantees for the warranty period for land improvements that are not public, regional in nature, or include landscaping shall not be required. In general, regional improvements are those improvements that serve, benefit, or impact properties other than the property being developed. The City Administrator is hereby authorized to make determinations regarding which land improvements satisfy these criteria. NOW, THEREFORE, upon Motion duly made, seconded, and approved by the majority of those members of the City Council voting, BE IT RESOLVED that the Policy set forth above is a Policy of the United City of Yorkville. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of 5 2010. ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2010. MAYOR ATTEST: CITY CLERK DRAFT RESOLUTION No. 2010 - MODIFYING CONSTRUCTION GUARANTEE REQUIREMENTS REGARDING THE RELEASE OF WARRANTY SECURITIES WHEREAS, the United City of Yorkville requires that land developers provide security for the successful completion of the installation of public and quasi - public (together also known as land improvements), including but not limited to streets, curbs, sidewalks, watermains, storm and sanitary sewers, streetlights, detention basins, landscaping, etc., and WHEREAS, said security is typically established either by means of a Letter of Credit or a Bond, and WHEREAS, from time to time, a developer will seek reduction to the Letter of Credit or Bond amount after substantial completion of a portion of the land improvements under heretofore established practices and /or contracts, and i WHEREAS, current practice established by the Subdivision Control Ordinance and Resolution 2009 -40 involves an approval of the City Engineer's recommendation by the City Administrator, and WHEREAS, the Mayor and City Council wish to clarify the security requirements for warranty periods. i NOW THEREFORE BE IT HEREBY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE: 1. Section II of Resolution No. 2009 -40 is clarified by adding the following sentence: "Release of construction guarantees established for warranty periods that are less than $91,000 may be processed administratively through the City Engineer and City Administrator in conformance with this resolution." NOW, THEREFORE, upon Motion duly made, seconded, and approved by the majority of those members of the City Council voting, BE IT RESOLVED that the Policy set forth above is a Policy of the United City of Yorkville. i Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of 1 2010. ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER i WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 5 2010. MAYOR ATTEST: CITY CLERK i I i I I