2014-02-03 - Village Board Regular Meeting - Agenda Packet STATE OF ILLINOIS ) ss.
COUNTY OF COOK )
CERTIFICATE
I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of
Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that the attached meeting
notice and agenda were posted inside the Agenda Board located outside the front door of the
Buffalo Grove Village Hall, 50 Raupp Boulevard, Buffalo Grove, Illinois at 11:00, A.M. on Friday,
January 31, 2014 and thereafter were continuously viewable from the outside until said
meeting and further were posted on the Village of Buffalo Grove's website for the purpose of
compliance with the Open Meetings Act.
Dated at Buffalo Grove, Illinois,this 31st day of January, 2014.
.t.LL M- S
Vil age Clerk
ByJ
V I L1 A G E OF Fifty Raupp Blvd
Meeting of the Village of Buffalo Grove Buffalo Grove,IL 60089-2100
uffctlo
Gr Board of Trustees Phone:847-459-2500
•
Regular Meeting
February 3, 2014 at 7:30 PM
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Approval of Minutes
A. Minutes of the January 20, 2014 Village Board Meeting
B. Minutes of the January 22, 2014 Village Board Meeting
5. Approval of Warrant
A. Presentation and Reading of Warrant #1225
6. Village President's Report
A. Appointment of Paige Donnelly to the Community Blood Donor Commission
(Trustee Terson)
7. Village Manager's Report
A. Board Meeting Schedule for February and March, 2014
8. Special Business
A. Public Hearing: Consideration of a Draft Annexation Agreement Concerning
the Kedroski Property, 23031 N. Prairie Road (Trustee Terson)
B. Public Hearing: Consideration of a Draft Annexation Agreement Concerning
the Pulte Easthaven Development, Hoffmann Property, 22140 N. Prairie Road
( (Trustee Stein)
9. Reports from the Trustees
10. Consent Agenda
All items listed on the Consent Agenda,which are available in this room this evening, are
considered to be routine by the Village Board and will be enacted by one motion. There will be no
separate discussion of these items unless a Board member or citizen so requests, in which event,
the item will be removed from the General Order of Business and considered after all other items
of business on the Regular Agenda under New Business. (Attached).
Consent Agenda: Ordinances and Resolutions
A. Ordinance No. 2014-8: An Ordinance Amending Title 10 of the Village of
Buffalo Grove Municipal Code (Designation of No Stopping, Standing or
Parking within the Waterbury Place Subdivision) (Trustee Berman)
SUMMARY: The attached Ordinance amends Title 10, Chapter
BG-11-1303.C.11. parking restrictions within the Waterbury Place Subdivision.
Village Board of Trustees-Agenda Page 1
B. Resolution No. 2014-7: A Resolution Approving an Agreement for Design
Engineering Services for the Bike Path Reconstruction and Elevation West of
Bordeaux Court(Trustee Ottenheimer)
SUMMARY: Staff recommends approval and execution of the resolution and
Agreement for Design Engineering Services for bike path reconstruction not to
exceed $31,200 with Christopher B. Burke Engineering, Ltd.
C. Ordinance No. 2014-9: Ordinance Amending the Preliminary Plan to Allow the
Addition of a Control Room Structure within the Existing Fenced Area at the
Aptakisic Road ComEd Substation at 251 Aptakisic Road. (Trustee Stein)
SUMMARY: An ordinance approving an amendment to the preliminary plan
for the ComEd Substation on Aptakisic Road to allow the addition of a control
room structure within the existing fenced enclosure.
Consent Agenda: Unfinished Business
None.
Consent Agenda: New Business
D.Authorization to Engage the Professional Services of Ayres Associates for
GIS Aerial Mapping (Trustee Terson)
SUMMARY: Staff seeks authorization to engage the professional services of
Ayers Associates for the purposes of creating a planimetric mapping layer for
use in the ESRI GIS system in an amount not to exceed $115,111. This
project was previously presented as a part of the 2014 Budget and CIP.
11. Ordinances and Resolutions
A. Resolution No. 2014-8: Resolution Approving an Agreement for Professional
Engineering Services for Floodplain/Floodway Hydraulic Modeling, Wetland
Investigation, Preliminary Soils Investigation and Buildable Area - Buffalo
Grove Golf Course (Trustee Stein)
12. Unfinished Business
13. New Business
A. Award of Contract: Dropzone Portable Services Inc. for 2014 Buffalo Grove
Days Portable Restroom Rental and Service. (Trustee Sussman)
B. Authorization to Waive Bids and Award Contract - 2014 Sidewalk Cutting
(Trustee Stein)
14. Questions from the Audience
Questions from the audience are limited to items that are not on the regular agenda. In
accordance with Section 2.02.070 of the Municipal Code, discussion on questions from the
audience will be limited to 10 minutes and should be limited to concerns or comments regarding
issues that are relevant to Village business. All members of the public addressing the Village
Board shall maintain proper decorum and refrain from making disrespectful remarks or comments
relating to individuals. Speakers shall use every attempt to not be repetitive of points that have
been made by others. The Village Board may refer any matter of public comment to the Village
Manager, Village staff or an appropriate agency for review.
Village Board of Trustees-Agenda Page 2
15. Executive Session
A. Personnel: Section 2(c)(1) of the Illinois Open Meetings Act
B. Collective Bargaining: Section 2(c)(2) of the Illinois Open Meetings Act
16. Adjournment
The Village Board will make every effort to accommodate all items on the agenda by 10:30 p.m.
The Board, does, however, reserve the right to defer consideration of matters to another meeting
should the discussion run past 10:30 p.m.
The Village of Buffalo Grove, in compliance with the Americans with Disabilities Act requests that
persons with disabilities, who require certain accommodations to allow them to observe and/or participate
in this meeting or have questions about the accessibility of the meeting or facilitie4 contact the ADA
Coordinator at 459-2525 to allow the Village to make reasonable accommodations for those persons
Village Board of Trustees-Agenda Page 3
Meeting of the Village of Buffalo Grove Fifty Raupp Blvd
� Buffalo Grove, I L 60089-2100
Board of Trustees Phone:847-459-2500
Regular Meeting
February 3, 2014 at 7:30 PM
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Approval of Minutes
A. Minutes of the January 20, 2014 Village Board Meeting [GO TO]
B. Minutes of the January 22, 2014 Village Board Meeting [GO TO]
5. Approval of Warrant
A. Presentation and Reading of Warrant#1225 [GO TO]
6. Village President's Report
A. Appointment of Paige Donnelly to the Community Blood Donor Commission (Trustee Terson) [GO TO]
7. Village Manager's Report
A. Board Meeting Schedule for February and March, 2014 [GO TO]
8. Special Business
A. Public Hearing: Consideration of a Draft Annexation Agreement Concerning the Kedroski Property, 23031 N.
Prairie Road (Trustee Terson) [GO TO]
B. Public Hearing: Consideration of a Draft Annexation Agreement Concerning the Pulte Easthaven
Development, Hoffmann Property, 22140 N. Prairie Road ( (Trustee Stein) [GO TO]
9. Reports from the Trustees
10. Consent Agenda
All items listed on the Consent Agenda, which are available in this room this evening, are considered to be routine
by the Village Board and will be enacted by one motion. There will be no separate discussion of these items
unless a Board member or citizen so requests, in which event, the item will be removed from the General Order of
Business and considered after all other items of business on the Regular Agenda under New Business.
Consent Agenda: Ordinances and Resolutions
A. Ordinance No. 2014-8: An Ordinance Amending Title 10 of the Village of Buffalo Grove Municipal Code
(Designation of No Stopping, Standing or Parking within the Waterbury Place Subdivision) (Trustee Berman)
SUMMARY: The attached Ordinance amends Title 10, Chapter BG-11-1303.C.11. parking restrictions within
the Waterbury Place Subdivision. [GO TO]
B. Resolution No. 2014-7: A Resolution Approving an Agreement for Design Engineering Services for the Bike
Path Reconstruction and Elevation West of Bordeaux Court (Trustee Ottenheimer)
SUMMARY: Staff recommends approval and execution of the resolution and Agreement for Design
Engineering Services for bike path reconstruction not to exceed $31,200 with Christopher B. Burke
Engineering, Ltd. [GO TO]
C. Ordinance No. 2014-9: Ordinance Amending the Preliminary Plan to Allow the Addition of a Control Room
Structure within the Existing Fenced Area at the Aptakisic Road ComEd Substation at 251 Aptakisic Road.
(Trustee Stein)
SUMMARY: An ordinance approving an amendment to the preliminary plan for the ComEd Substation on
Aptakisic Road to allow the addition of a control room structure within the existing fenced enclosure. [GO TO]
Consent Agenda: Unfinished Business
Consent Agenda: New Business
D. Authorization to Engage the Professional Services of Ayres Associates for GIS Aerial Mapping (Trustee
Terson)
SUMMARY: Staff seeks authorization to engage the professional services of Ayers Associates for the
purposes of creating a planimetric mapping layer for use in the ESRI GIS system in an amount not to exceed
$115,111. This project was previously presented as a part of the 2014 Budget and CIP. [GO TO]
11. Ordinances and Resolutions
A. Resolution No. 2014-8: Resolution Approving an Agreement for Professional Engineering Services for
Flood plain/Floodway Hydraulic Modeling, Wetland Investigation, Preliminary Soils Investigation and Buildable
Area - Buffalo Grove Golf Course (Trustee Stein) [GO TO]
12. Unfinished Business
13. New Business
A. Award of Contract: Dropzone Portable Services Inc. for 2014 Buffalo Grove Days Portable Restroom Rental
and Service. (Trustee Sussman) [GO TO]
B. Authorization to Waive Bids and Award Contract-2014 Sidewalk Cutting (Trustee Stein) [GO TO]
14. Questions from the Audience
Questions from the audience are limited to items that are not on the regular agenda. In accordance with Section
2.02.070 of the Municipal Code, discussion on questions from the audience will be limited to 10 minutes and
should be limited to concerns or comments regarding issues that are relevant to Village business. All members of
the public addressing the Village Board shall maintain proper decorum and refrain from making disrespectful
remarks or comments relating to individuals. Speakers shall use every attempt to not be repetitive of points that
have been made by others. The Village Board may refer any matter of public comment to the Village Manager,
Village staff or an appropriate agency for review.
15. Executive Session
A. Personnel: Section 2(c)(1)of the Illinois Open Meetings Act
B. Collective Bargaining: Section 2(c)(2)of the Illinois Open Meetings Act
16. Adjournment
The Village Board will make every effort to accommodate all items on the agenda by 10:30 p.m. The Board, does,
however, reserve the right to defer consideration of matters to another meeting should the discussion run past
10:30 p.m.
The Village of Buffalo Grove,in compliance with the Americans with Disabilities Act,requests that persons with disabilities, who require certain
accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities, contact
the ADA Coordinator at 459-2525 to allow the Village to make reasonable accommodations for those persons.
Minutes of the January 20, 2014 Village Board Meeting 4-A
Overview
Staff recommends approval.
Attachments
Trustee Liaison Staff Contact
Clerk Sirabian Julie C Kamka,Finance&GS
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12818
01/20/2014
MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF
BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS,50 RAUPP BOULEVARD,BUFFALO
GROVE,ILLINOIS ON MONDAY,JANUARY 20,2014
CALL TO ORDER
President Braiman called the meeting to order at 7:32 P.M. Those present stood and pledged allegiance to the Flag.
ROLL CALL
Roll call indicated the following present: President Braiman;Trustees Berman,Trilling, Sussman,Terson, Stein
and Ottenheimer.
Also present were: Jennifer Maltas,Acting Village Manager;William Raysa,Village Attorney;Jeff Stein,Assistant
Village Attorney;Lauren Stott,Management Analyst; Scott Anderson,Finance Director;Art Malinowski,Director
of Human Resources;Brett Robinson,Purchasing Manager;Robert Pfeil,Village Planner;Darren Monico,Village
Engineer;Brian Sheehan,Deputy Building Commissioner-Operation;Fire Chef Vavra;Police Chief Casstevens.
APPROVAL OF MINUTES
Moved by Berman,seconded by Trilling,to approve the minutes of the January 6,2014 Regular Meeting. Upon roll
call,Trustees voted as follows:
AYES: 5—Berman,Trilling, Sussman,Terson,Stein
NAYS: 0—None
ABSTAIN: 1 —Ottenheimer
Motion declared carried.
WARRANT#1224
Mr.Anderson read Warrant#1224. Moved by Ottenheimer,seconded by Terson,to approve Warrant#1224 in the
amount of$2,672,274.68,authorizing payment of bills listed. Upon roll call,Trustees voted as follows:
AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
VILLAGE PRESIDENT'S REPORT
President Braiman reported that the Metropolitan Water Reclamation District of Greater Chicago and the Lake
County Forest Preserve District are working on a project to expand the existing Buffalo Creek Reservoir and
improve recreational access to the Buffalo Creek Forest Preserve. There will be a meeting regarding this project in
the Buffalo Grove Council Chambers on January 22,2014.
VILLAGE MANAGER'S REPORT
Ms.Maltas noted the submittal and posting to the website and the e-library of the Monthly Management Report
for December,2013;there were no questions on the report.
Chief Vavra recounted a call on January 5,2014 which was responded to by both Long Grove and Buffalo Grove
Fire Companies. The value of the systems that are in place was tested and every step worked from the initial
dispatch to arrival at the hospital for definitive care in the cardiac unit. As they were congratulated by the audience
and the Board,Chief Vavra presented Company Citations to Dispatcher Cindy Brick,and Companies from both
Buffalo Grove and Long Grove who were all instrumental in the success of this call.
12819
01/20/2014
PUBLIC HEARING—23031 N.PRAIRIE ROAD
Moved by Terson,seconded by Ottenheimer,to continue consideration of a draft Annexation Agreement concerning
the Kedroski property,23031 N.Prairie Road until February 3,2014 at 7:30 P.M. Upon roll call,Trustees voted as
follows:
AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
PUBLIC HEARING—PULTE EASTHAVEN DEVELOPMENT
President Braiman called the Public Hearing for consideration of a Draft Annexation Agreement concerning the
Pulte Easthaven Development,Hoffmann Property,22140 N.Prairie Road,to order at
7:45 P.M. Roll call indicated the following present:
AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Notice of Public Hearing was published in the Daily Herald on January 4,2014.
Ms.Maltas reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item
Overview prepared by Mr.Pfeil.
President Braiman swore in the following people to give testimony: Mark Mastrorocco,Pulte Group; Charles
Hanlon,WBK Associates;Walt Nashert,Pulte Group;William Zalewski, Spaceco,Inc.; and Eric Russell,KLOA;
Bill Hoffmann,property owner;Bert Sherman,Hoffmann family attorney;Eve Lev,Hoffman family real estate
consultant; and Katie Mark,Hoffmann family.
Chuck Hanlon reviewed how the plan has evolved since the original meeting with the Village Board on the concept
plan.
Walt Nashert,presented an overview of the product and elevations.
Mr.Mastrorocco stated that this has been collaboration on the part of many,and they truly appreciate the input of
everyone at the Village in evolving a good plan into a great plan.
The development team then answered questions from the Board.
President Braiman asked if there were any questions or comments from any other public bodies or members of the
audience;there were none.
At 8:05 P.M.,President Braiman continued the Public Hearing until February 3,2014.
CONSENT AGENDA
President Braiman explained the Consent Agenda,stating that any member of the audience or the Board could
request that an item be removed for full discussion;there were no such requests The Village Clerk read a brief
synopsis of each of the items on the Consent Agenda.
Ordinance#2014-6—Surplus Village Property
Motion to pass Ordinance#2014-6,authorizing the disposal of surplus Village personal property.
Resolution#2014-1—Private Activitv Bond
Motion to pass Resolution#2014-1,ceding 2013 unused Private Activity Bond Volume Cap to Lake County.
12820
01/20/2014
Ordinance#2014-7—Chapter 10
Motion to pass Ordinance#2014-7,amending Chapter 10 of the Village of Buffalo Grove Municipal Code.
Resolution#2014-2—Surplus Propertv Program
Motion to pass Resolution#2014-2,for participation in the State of Illinois Federal Surplus Property Program.
Resolution#2014-4—Motor Fuel Tax
Motion to pass Resolution#2014-4,Calendar Year 2014 Village Wide Contractual Street Maintenance Program
Motor Fuel Tax Resolution.
Moved by Sussman,seconded by Berman,to approve the Consent Agenda. Upon roll call,Trustees voted as
follows:
AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
RESOLUTION#2014-3—2014 STREET MAINTENANCE
Moved by Stein,seconded by Terson,to pass Resolution#2014-3,approving an Agreement for Design Engineering
Services for the 2014 Village Wide Contractual Street Maintenance Project,in accordance with materials contained
in Board packets.
Ms.Maltas reviewed the proposed resolution,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mr.Monico.
Upon roll call,Trustees voted as follows:
AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
RESOLUTION#2014-5—2014 STREET MAINTENANCE
Moved by Stein,seconded by Berman,to pass Resolution#2014-5,approving an Agreement for Design Engineering
Services for the 2014 Village Wide Contractual Street Reconstruction Project—Phase 2,in accordance with
information contained in Board packets.
Ms.Maltas reviewed the proposed resolution,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mr.Monico.
Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
RESOLUTION#2014-6—LAKE COOK/WEILAND ROADS
Moved by Berman,seconded by Trilling,to pass Resolution#2014-6,approving the Phase I Study and
Environmental Assessment for Lake Cook Road and Weiland Road in the Village of Buffalo Grove,in accordance
with materials contained in Board packets.
President Braiman reviewed the format to be followed with regard to the proposed resolution.
12821
O1/20/2014
Mr.Monico presented an overview of the entire project,details of which are contained in the Village Board Meeting
Agenda Item Overview that he prepared.
Dr. Spiro Stamelos,stated that this new plan will take away access to his property. Mr.Monico stated that he has
been in touch with the Cook County Highway Department to see if there is a solution to this issue.
Tom Anderson,20328 Weiland Road,commented on the bike lane which will seriously affect his property.
Jack Schneiderman, 164 Newtown Drive,stated that he is adamantly opposed to this entire project;he believes this
will destroy the residential nature of the neighborhood.
Mr.Monico commented on the turning lanes and the noise walls proposed for the project.
Nora Beckman,unincorporated Prairie View,asked that the Board reconsider taking the 5 homes in the
unincorporated block of Prairie View.
Jeff Lieberman,2250 Avalon Drive,stated that he does not believe that there have been opportunities for residents
to speak to the Board and to the public;there are many residents who oppose this project and believe that it is a
waste of time. The road does need work,but creating a 4 lane thoroughfare will do nothing for our community.
Marge Foss,Carlyle Court,asked how the public will be apprised of scheduling,and how properties will be
protected during construction. Mr.Monico addressed Ms.Foss' questions.
A resident of Newtown Court East raised a concern with the safety of children in the area.
Trustee Stein explained the reason that he is voting the way that he will be voting.
Trustee Sussman believes the proposal will create more congestion with the construction of this road.
Trustee Trilling responded to Trustees Sussman and Stein's statement.
Mr.Monico confirmed that the alternate proposal would impose a surcharge to every property owner in the Village
of several thousand dollars over the next 18 years,rather than the one-time approximately$3 charge for the proposal
currently before the Board,
Trustee Ottenheimer stated that he believes that residents have had ample opportunity to view all the documentation
concerning this proposal.
President Braiman stated that he believes there has been ample communication with residents regarding this project.
Upon roll call,Trustees voted as follows on the motion:
AYES: 5—Berman,Trilling, Sussman,Terson,Ottenheimer
NAYS: 1 —Stein
Motion declared carried.
TREE PURCHASE
Moved by Stein,seconded by Berman,to waive bids and to purchase 682 trees for EAB replacements in the spring
of 2014 from Breezy Hill Nursery in an amount of$93,490.00.
Mr.Robinson reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item
Overview that he prepared. Mr.Robinson also reviewed the reasons for the bid waiver request.
Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer
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01/20/2014
NAYS: 0—None
Motion declared carried
QUESTIONS FROM THE AUDIENCE
President Braiman reviewed the parameters to be followed by speakers,and asked if there were any questions from
the audience on items not on tonight's agenda.
Adam Moodhe,Mary Lu Lane,suggested that the Village forward the names of those wishing to comment on the
Weiland Road project to IDOT.
Mr.Moodhe also asked the status of the proposed traffic signal at the shopping center on Buffalo Grove Road just
north of Dundee Road. Mr.Monico responded to Mr.Moodhe.
ADJOURNMENT
Moved by Sussman,seconded by Berman,to adjourn the meeting. Upon roll call,Trustees voted as follows on the
motion:
AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
The meeting was adjourned at 9:10 P.M.
Janet M. Sirabian,Village Clerk
APPROVED BY ME THIS 20th DAY OF January,2014
Village President
Minutes of the January 22, 2014 Village Board Meeting 4-B
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
Overview
Staff recommends approval.
Attachments
M012214-COTW-Exec.pdf
Trustee Liaison Staff Contact
Clerk Sirabian Julie C Kamka,Finance&GS
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MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF THE VILLAGE OF
BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS,
50 RAUPP BOULEVARD,BUFFALO GROVE,ILLINOIS ON WEDNESDAY,JANUARY 22,2014
CALL TO ORDER
President Braiman called the meeting to order at 5:02 P.M.
Roll call indicated the following present: Jeffrey Braiman,Village President;Jeffrey Berman, Steve Trilling,
Beverly Sussman,Mike Terson,Andy Stein and Les Ottenheimer,Village Trustees.
EXECUTIVE SESSION
Moved by Sussman,seconded by Trilling,to move to Executive Session for the purpose of discussing Personnel,
Section 2(c)(1)of the Illinois Open Meetings Act. Upon roll call,Trustees voted as follows:
AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
The Board moved to Executive Session from until 5:04 P.M.until 5:55 P.M.
ADJOURNMENT
Moved by Sussman,seconded by Berman,to adjourn the meeting. Upon voice vote,the motion was unanimously
declared carried,and the meeting was adjourned at 6:00 P.M.
Janet M. Sirabian,Village Clerk
APPROVED BY ME THIS 3rd DAY OF February,2014
Village President
Presentation and Reading of Warrant#1225 5-A
Overview
Approval is Recommended.
Attachments
Trustee Liaison Staff Contact
Scott D Anderson,Finance&GS
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VILLAGE OF BUFFALO GROVE WARRANT #1225
3-Feb-14
General Fund: 510,564.13
Illinois Municipal Retirement Fund: 0.00
Parking Lot Fund: 1,614.20
Motor Fuel Tax Fund: 580,198.30
School & Park Donations 0.00
Capital Projects-Facilities: 22,420.25
Capital Projects-Streets: 75,369.44
Health Insurance Fund: 1,056.74
Facilities Development Debt Service Fund: 0.00
Retiree Health Savings (RHS): 81,886.18
Water Fund: 25,682.05
Buffalo Grove Golf Fund: 17,010.82
Arboretum Golf Fund: 9,285.24
Refuse Service Fund: 61,233.71
1,386,321.06
PAYROLL PERIOD ENDING 1/30/2014 876,819.64
876,819.64
TOTAL WARRANT #1225 2,263,140.70
APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, ILLINOIS
Village Clerk Village President
See appendix: Appendix001 - W#1225.pdf
Appointment of Paige Donnelly to the Community Blood 6-A
Donor Commission
Overview
The Community Blood Donor Commission has no maximum number of commission members. There are
currently seven appointed members. Mrs. Donnelly is a resident and previously served as the Chairperson
to the Commission.
The Talent Bank application for Mrs. Donnelly was sent to the Village Board under separate cover.
Attachments
Trustee Liaison Staff Contact
Trustee Terson Julie C Kamka,
Monday, February 3, 2014 Village Presidents Report-Item : 6-A
Board Meeting Schedule for February and March, 2014 7-A
Overview
Due to the President's Day holiday and the annual Committee of the Whole meeting schedule, there are
four consecutive Monday Village Board meetings scheduled as follows:
February 24 -Regular
March 3 -Regular
March 10 - Committee of the Whole
March 17 -Regular
Staff has reviewed the upcoming agenda items and determined that there is not a need to have a regular
meeting on March 3. Thus, it is proposed to move the Committee of the Whole meeting from March 10
to March 3,thereby having a meeting on the first and third Monday of the month. The resulting schedule
would be as follows:
February 24 -Regular
March 3 - Committee of the Whole
March 17 -Regular
Staff seeks direction from the Village Board on this schedule. If approved, a notice of cancellation will
be published for the March 10 meeting.
Attachments
Trustee Liaison Staff Contact
Dane C Bragg,
Monday, February 3, 2014 Village Managers Report -Item : 7-A
Public Hearing: Consideration of a Draft Annexation
Agreement Concerning the Kedroski Property, 23031 N. 8-A
Prairie Road
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
Overview
Jim and Linda Kedroski, owners of the property,have filed a petition to annex the parcel at 23031 N. Prairie
Road for development of a single-family house. The parcel is undeveloped;the lot area is approximately
28,895 square feet. The current zoning is R-1 by Lake County. The draft annexation agreement designates
the property with R-2 zoning, requiring a minimum lot area of 15,000 square feet and minimum lot width of
90 feet. The new house would be connected to Village water and sanitary sewer adjacent to Noah's Landing.
The annexation agreement stipulates that the property owners will extend sanitary sewer in an easement from
the south side of the property to the north lot line. Construction of a sidewalk along Prairie Road is also
required.
The draft annexation agreement is attached for the Village Board's consideration.
Next Steps
Consideration of ordinances to approve the annexation agreement, annexation and zoning.
Prior Actions
Review of annexation petition and agreement.
Anticipated Future Board Actions
Review of plat of subdivision..
Attachments
Annex Agrmt-draft_23031 N Prairie Rd_Kedroski_1-29-2014.pdf
Notice of Hearing_Kedroski-Prairie Rd_annex agrmt.pdf
Location Map,23031 N Prairie Rd.pdf
Trustee Liaison Staff Contact
Trustee Terson Robert E Pfeil,Planning
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1/29/2014
ANNEXATION AGREEMENT
Kedroski property
23031 N Prairie Road
This agreement (hereinafter referred to as the "Agreement") made and entered into this
3rd of February, 2014, by and between the VILLAGE OF BUFFALO GROVE (hereinafter referred to
as "Village") by and through the President and Board of Trustees of the Village (hereinafter
collectively referred to as the "Corporate Authorities") and James A. Kedroski and Linda L.
Kedroski (hereinafter referred to as "Owner").
WITNESSETH:
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of
the Constitution of the State of Illinois of 1970; and,
WHEREAS, Owner is the owner of a certain tract of property (hereinafter referred to as
the "Property") comprising 0.66 acres legally described and identified in the Legal Description,
attached hereto as EXHIBIT A and made a part hereof, and which real estate is contiguous to
the corporate limits of the Village; and,
WHEREAS, a Plat of Annexation of the territory to be annexed, depicting a total area of
0.66 acres, is attached hereto as EXHIBIT B; and,
WHEREAS, Owner desires to annex the Property pursuant to the provisions and
regulations applicable to the R-2 One-family Dwelling District of the Village Zoning Ordinance to
construct a single-family house on the Property; and,
WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et seq., of the Illinois
Municipal Code (65 ILCS 5/11-15.1-1 et seq.) and as the same may have been modified by the
Village's Home Rule powers, a proposed Annexation Agreement was submitted to the
Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by
Statute; and,
WHEREAS, pursuant to due notice and advertisement, the President and Board of
Trustees of the Village held a public hearing with respect to the requested zoning classification
2
in the R-2 One-family Dwelling District of the Village Zoning Ordinance; and,
WHEREAS, the President and Board of Trustees after due and careful consideration have
concluded that the annexation of the Property to the Village and its zoning and development on
the terms and conditions herein set forth would further enable the Village to control the
development of the area and would serve the best interests of the Village.
NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements
herein set forth, the parties hereto agree as follows:
1. Applicable Law. This Agreement is made pursuant to and in accordance with the
provisions of Section 5/11-15.1-1 et seq., of the Illinois Municipal Code (65 ILCS 5/11-15.1-1 et
seq.) and as the same may have been modified by the Village's Home Rule powers. The
preceding whereas clauses are hereby made a part of this Agreement.
2. Agreement: Compliance and Validity. The Owner has filed with the Village Clerk of
the Village a proper petition pursuant to and in accordance with the provisions of Section 5/7-
1-8 of the Illinois Municipal Code (65 ILCS 5/7-1-8) and as the same may have been modified by
the Village's Home Rule powers, conditioned on the execution of this Agreement and the
compliance with the terms and provisions contained herein, to annex the Property to the
Village. It is understood and agreed that this Agreement in its entirety, together with the
aforesaid petition for annexation, shall be null, void and of no force and effect unless the
Property is validly annexed to the Village and is validly zoned and classified in the R-2 One-
family Dwelling District, all as contemplated in this Agreement. No portion of the Property shall
be disconnected from the Village without the prior written consent of its Corporate Authorities.
3. Enactment of Annexation Ordinance. The Corporate Authorities, within twenty-one
(21) days of the execution of this Agreement by the Village, will enact an ordinance (hereinafter
referred to as the "Annexation Ordinance") annexing the Property to the Village. Said
Annexation Ordinance shall be recorded at the Lake County Recorder's Office along with the
Plat of Annexation (attached hereto as EXHIBIT B).
4. Enactment of Zoning Ordinance. Within twenty-one (21) days after the passage
of the Annexation Ordinance, the Corporate Authorities shall enact an ordinance zoning the
3
Property in the R-2 One-family Dwelling District subject to the restrictions further contained
herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to
time.
5. Approval of Plans. It is understood and agreed that the Owner is proposing
construction of a detached single-family house on the Property. In the event that a
development other than a single-family detached house is proposed, the Property shall comply
with the applicable requirements of the Village Development Ordinance pertaining to approval
of a Preliminary Plan.
6. Compliance with Applicable Ordinances. The Owner agrees to comply with all
ordinances of the Village of Buffalo Grove as amended from time to time, provided that all new
ordinances, amendments, rules and regulations relating to zoning, building and subdivision of
land adopted after the date of this Agreement shall not be arbitrarily or discriminatorily applied
to the Property but shall be equally applicable to all property similarly zoned and situated to
the extent possible. Owner shall comply with the standards set forth in the Village of Buffalo
Grove Development Ordinance as amended from time to time. Notwithstanding the foregoing,
the Village shall not apply new ordinances or regulations to the Property to the extent that the
ordinances or regulations would prevent construction of a single-family house.
7. Building Permit Fees. The building permit fees may be increased from time to time
so long as said permit fees are applied consistently to all other developments in the Village to
the extent possible. In the event a conflict arises between the Owner and the Village on any
engineering and technical matters subject to this Agreement, the Village reserves the right to
pass along any and all additional expenses incurred by the use of consultants in the review and
inspection of the development from time to time. Owner shall pay any non-discriminatory new
or additional fees hereinafter charged by the Village to owners and developers of properties
within the Village.
8. Water Provision. The Owner shall be permitted and agrees to tap onto the Village
water system at points recommended by the Village Engineer pursuant to a final engineering
plan, which is subject to approval by the Village. The Owner further agrees to pay to the Village
4
such fees in accordance with the applicable Village Ordinances at the time of the issuance of
the water and sewer permits. The Owner agrees to accept any increase in water rates and tap
on fees provided such rates and fees apply consistently to all other similar users in the Village
to the extent possible. Following such tap on, the Village agrees to provide to the best of its
ability and in a non-discriminatory manner water service to the Property for the single-family
house contemplated herein.
9. Storm and Sanitary Sewer Provisions.
Owner shall connect the proposed single-family house to the Village's sanitary sewer
system at the location designated by the Village Engineer, pursuant to the final engineering
plan approved by the Village.
The Owner shall construct a sanitary sewer (eight inches in diameter) on the Property in
a 15-foot wide sanitary sewer easement across the Property to reach the north lot line of the
Property, and provide a 15-foot wide sanitary sewer easement along the north lot line to the
west lot line of the Property, as approved by the Village Engineer, pursuant to the final
engineering plan approved by the Village.
Upon installation and acceptance by the Village through formal acceptance action by
the action by the Corporate Authorities, the Corporate Authorities agree to operate and
maintain said public sanitary sewer line, except for sanitary sewer service connections.
The Owner agrees to accept any increase in sewer rates and tap on fees, provided that
such fees and rates are applied consistently to all similar users in the Village to the extent
possible.
The Owner shall construct any storm sewers which may be necessary to service the
Property as determined by the Village Engineer. Upon installation and acceptance by the Village
through formal acceptance action by the Corporate Authorities, the Corporate Authorities
agree to operate and maintain that portion of the storm sewer system which serves multiple
properties. The Owner agrees to operate and maintain that portion of the storm sewer system
located on the subject Property and not dedicated.
10. Drainage Provisions. The Owner shall comply with applicable stormwater
5
regulations as determined by the Village Engineer to preserve drainage standards.
11. Security for Public and Private Site Improvements. Security for public and
private site improvements shall be provided in accordance with the Development Ordinance,
and the Development Improvement Agreement (EXHIBIT C) as amended from time to time.
Any letter of credit issued for such improvements shall be drawn on a financial institution of net
worth reasonably satisfactory to the Village Attorney. The issuer may have an equitable or
lending interest in the Property provided that the letter of credit, either by its own terms or by
separate written assurances of the issuer, shall be honored irrespective of that interest. The
Village shall have the right to draw up to the full amount of the letter of credit in order to
complete, and have formal acceptance of, all improvements secured by the letter of credit.
12. Right of Way Dedication. The Owner shall dedicate right-of-way of ten (10) feet
in width extending the full frontage of the Property along Prairie Road. Said dedication shall be
made on the plat of subdivision for the Property and prior to issuance of any Village permits.
13. Exhibits. The following EXHIBITS, some of which were presented in testimony
given by the Owner or the witnesses during the hearing held before the Corporate Authorities
prior to the execution of this Agreement, are hereby incorporated by reference herein, made a
part hereof and designated as shown below.
EXHIBITA Legal Description
EXHIBIT B Plat of Annexation dated October 4, 2013
EXHIBIT C Development Improvement Agreement
14. Building, Landscaping and Aesthetics Plans. Owner shall submit building and
landscaping plans for approval by the Village prior to construction of buildings on the Property.
The exterior appearance of the proposed single-family house is subject to review by the Village
in accordance with the Village Appearance Plan.
15. Annexation Fee. Owner agrees to pay an annexation fee of$700.00 for any new
residential dwelling unit constructed on the Property. Said fee shall be paid at time of issuance
of building permits.
6
16. Park District Donations. Owner agrees to comply with the provisions of Title 19
of the Buffalo Grove Municipal Code as amended from time to time regarding park donations.
Owner agrees to make a cash contribution to the Village for conveyance to the Buffalo Grove
Park District to fulfill the obligation of the Property concerning park donations.
17. School District Donations. Owner agrees to comply with the provisions of Title
19 of the Buffalo Grove Municipal Code as amended from time to time regarding school
donations. Owner agrees to make cash contributions to the Village for conveyance to School
Districts 103 and 125 according to the criteria of said Title.
18. Library District Donations. Owner agrees to comply with the provisions of Title
19 of the Buffalo Grove Municipal Code as amended from time to time regarding library
donations.
19. Conditions Concerning Parks, School and Library Donations. It is understood and
agreed that rooms in the residential units labeled as dens, lofts, studies or libraries on the floor
plans will be counted as bedrooms for the purposes of calculating park, school and library
donations, if, in the judgment of the Village, said rooms can be used as bedrooms. It is
understood and agreed that the per acre land value used to compute said cash contributions
may be increased from time to time, and cash contributions made at the time of building
permit issuance shall be based on the land value in effect at the time of permit issuance.
20. Annexation to the Buffalo Grove Park District. The Owner agrees, at the request
of the Buffalo Grove Park District, to annex the Property to said Park District. Said annexation
shall be completed within sixty days (60) days of the request of the Park District.
21. Facilitation of Development. Time is of the essence of this Agreement, and all
parties will make every reasonable effort to expedite the subject matters hereof. It is further
understood and agreed that the successful consummation of this Agreement and the
development of the Property is in the best interests of all the parties and requires their
continued cooperation. The Owner does hereby evidence its intention to fully comply with all
Village requirements, its willingness to discuss any matters of mutual interest that may arise,
and its willingness to assist the Village to the fullest extent possible. The Village does hereby
7
evidence its intent to cooperate in the resolution of mutual problems and its willingness to
facilitate the development of the Property, as contemplated by the provisions of this
Agreement.
22. Enforceability of the Agreement. This Agreement shall be enforceable in any
court of competent jurisdiction by any of the parties or by an appropriate action at law or in
equity to secure the performance of the covenants herein described. If any provision of this
Agreement is held invalid, such provision shall be deemed to be excised herefrom and the
invalidity thereof shall not affect any of the other provisions contained herein.
23. Term of Agreement. This Agreement is binding upon the Property, the parties
hereto and their respective grantees, successors and assigns for a term of twenty (20) years
from the date of this Agreement. This Agreement shall not be assigned without prior written
consent of the Village. This Agreement may be amended by the Village and the owner of record
of a portion of the Property as to the provisions applying thereto, without the consent of the
owners of other portions of the Property.
24. Corporate Capacities. The parties acknowledge and agree that the individuals
that are members of the group constituting the Corporate Authorities are entering into this
Agreement in their official capacities as members of such group and shall have no personal
liability in their individual capacities.
25. Notices. Any notice required pursuant to the provisions of this Agreement shall
be in writing and be sent by certified mail to the following addresses until notice of change of
address is given and shall be deemed received on the fifth business day following deposit in the
U.S. Mail.
If to Owner: James A. Kedroski and Linda L. Kedroski
2467 Madiera Lane
Buffalo Grove, IL 60089
If to Village: Village Clerk
8
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Tressler LLP
22 S. Washington Ave
Park Ridge, IL 60068
26. Default. In the event Owner defaults in performance of their obligations set forth
in this Agreement, then the Village may, upon notice to Owner, allow Owner sixty (60) days to
cure default or provide evidence to the Village that such default will be cured in a timely
manner if it cannot be cured during said period. If Owner fails to cure such default or provide
such evidence as provided above, then, with notice to Owner, the Village may begin
proceedings to disconnect from the Village any portion of the Property upon which obligations
or development have not been completed or at the option of the Village, to rezone such
Property to the Residential Estate District. In such event, this Agreement shall be considered to
be the petition of the Owner to disconnect such portion of the Property, or at the option of the
Village, to rezone such Property to the Residential Estate District.
27. Litigation.
A. The Owner, at their cost, shall be responsible for any litigation which may
arise relating to the annexation, zoning and development of the Property. Owner shall
cooperate with the Village in said litigation but Owner's counsel will have principal
responsibility for such litigation.
B. The Owner shall reimburse the Village for reasonable attorneys' fees,
expenses and costs incurred by the Village resulting from litigation relating to the annexation,
zoning and development of the Property or in the enforcement of any of the terms of this
Annexation Agreement upon a default by the Owner.
C. Owner hereby indemnifies and holds the Village harmless from any
actions or causes of action which may arise as a result of development activities for which the
9
Owner is responsible.
28. Special Conditions.
A. It is understood and agreed that upon annexation the Village will issue a
new street address for the proposed single-family house on the Property to ensure proper
identification for provision of services, and Owner shall use said Village address in place of the
current address assigned by Lake County. Owner is also required to contact the Buffalo Grove
Post Office and submit a change of address requesting use of the address as assigned by the
Village.
B. Owner represents and warrants that there are no mortgages, liens or
other security interest affecting title to the Property or any part thereof.
C. Owner shall deposit with the Village the amount necessary to reimburse
the Village for any real estate tax payments made by the Village to the Lincolnshire-Riverwoods
Fire Protection District concerning the Property pursuant to Section 705/20 of the Illinois Fire
Protection Act (70 ILCS 705/20). Said deposit, as determined by the Village, shall be made by
the Owner within sixty (60) days of the date of this Agreement.
D. Owner shall provide a plat of subdivision for the Property in conformance
with the requirements of the Village Development Ordinance prior to issuance of any Village
permits. Said plat of subdivision shall provide the dedication of right-of-way along Prairie Road
as set forth in Section 12 of this Agreement and shall provide the sanitary sewer easements as
set forth in Section 9 of this Agreement.
E. Owner shall construct a public sidewalk extending the full frontage of the
Property along Prairie Road. Said sidewalk shall be constructed in compliance with the Village
Development Ordinance and shall be completed according to the schedule determined by the
Village Engineer.
IN WITNESS WHEREOF, the Corporate Authorities and Owner have caused this
instrument to be executed by their respective proper officials duly authorized to execute the
10
same on the day and the year first above written.
VILLAGE OF BUFFALO GROVE
By
JEFFREY S. BRAIMAN, Village President
ATTEST:
By
VILLAGE CLERK
OWNER:
James A. Kedroski
Linda L. Kedroski
This document prepared by:
Robert E. Pfeil, Village Planner
Village of Buffalo Grove
50 Raupp Blvd
Buffalo Grove, IL 60089
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
11
EXHIBIT A
Kedroski property
23031 N Prairie Road
Lot 3 in Knedler's Subdivision, being a subdivision of part of Lot 34 of School Trustees' Subdivision of
Section 16, Township 43 North, Range 11 East of the Third Principal Meridian according to the plat
thereof recorded December 12, 1956 as Document 933874 in Book 1506 of Records, Page 1, in Lake
County, Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: 23031 N. Prairie Road, Prairie View, IL
PIN: 15-16-405-012
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To be published Kedroski property,23031 N Prairie Road
November 30,2013
VILLAGE OF
BUFFALO GROVE
Fifty Raupp Blvd
Buffalo Grove,IL 60089-2100
Phone 847-459-2525
NOTICE OF PUBLIC HEARING
PUBLIC NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Village President and
Trustees of the Village of Buffalo Grove on Monday, December 16, 2013 at 7:30 P.M. in the
Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, IL
concerning the following matter:
SUBJECT: Petition to the Village of Buffalo Grove for consideration on an annexation agreement
and annexation with zoning in the R-2 One-family Dwelling District pursuant to the terms and
conditions of the annexation agreement.
PETITIONER: James & Linda Kedroski
2467 Madiera Lane
Buffalo Grove, IL 60089
SUBJECT PROPERTY DESCRIPTION: Lot 3 in Knedler's Subdivision, being a subdivision of part
of Lot 34 of School Trustees' Subdivision of Section 16, Township 43 North, Range 11 East of the
Third Principal Meridian according to the plat thereof recorded December 12, 1956 as
Document 933874 in Book 1506 of Records, Page 1, in Lake County, Illinois. PIN: 15-16-405-012
SUBJECT PROPERTY COMMON DESCRIPTION: 23031 N. Prairie Road, Prairie View, IL
Documents submitted for the hearing are on file at the office of the Village Clerk, 50 Raupp
Boulevard, Buffalo Grove, IL and may be examined by interested persons. Anyone with
questions concerning the hearing may contact Robert Pfeil, Village Planner, 847-459-2525.
All persons present at the hearing will have an opportunity to be heard.
Dated this 26th day November, 2013.
Janet M. Sirabian, Village Clerk
Village of Buffalo Grove, IL
NOTICE OF PUBLIC
HEARING
P�IJRE IVCN t 10S CERTIFICATE OF PUBLICATION
HEREBY ttvf4 rh<fr
It,uad'sdtc fie"
wwlVd be held
tgy the Vdlda e Presddent cdna
froislees e the 01foge of Paddock Publications, Inc.
8ofdodo trove our Monda��a,
tfe<:ornber 16 2013 M 7t�d
P.M In ldfilf foPl ROUPa- Herald
d�rers�,Buffalo 0."wr^ove muundci•
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sLdrf„g a f. Petdtdon to The Corporation organized and existing under and by virtue of the laws of
Vdiloge of Buatfolo Grove Par
Igo"n gr ey,�;ent a„d o^�cxo. the State of Illinois, DOES HEREBY CERTIFY that it is the publisher
oil wit" ino v,01liroquerP P of the DAILY HERALD. That said DAILY HERALD is a secular
drdct ptireaicuniif to,the terms
o0 d conadrdans of the annex- newspaper and has been circulated daily in the Village(s)of
oa ee iend.
rETiiONRJo me n �He ght� Aurora.Barrington Kearaski n on
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fer°s Subrddvlsdon, being a � �
enondd�rdsdon of Frard of Lol34 Camentersvillt Car Decr ark Des Plaines a �mtln ! l'gfrt Eawt 1)utYclee.
of Sadhaad Trustees"Suab¢dIvi. •. .
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the Thlyd PrIncipad I".,terfd•
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concerning the hearing rruavv North Aurora
Contact Robert Pfelll, Vit- �.�__...___..
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hearing will suave an oppor-
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Gaote'l t 6s 2'4th day Novem- .........—.......... ................ .. ........ _.
Geer,2Cdd .
Janet M. Sirabdan, Village ....
Villa
Clerk County(ies)of e',rtr vdditvaw ad in atPa :L Her r ie and State of Illinois,Cook, Kane Lake McH m .
rlabor°1ed fa,2(4 94431id continuously for more than one year prior to the
date of the first publication of the notice hereinafter referred to and is of
general circulation throughout said Village(s), County(ies) and State.
I further certify that the DAILY HERALD is a newspaper as defined in
"an Act to revise the law in relation to notices" as amended in 1992
Illinois Compiled Statutes, Chapter 7150,Act 5,Section 1 and 5.That a
notice of which the annexed printed slip is a true copy, was published
November 30.2013 �m..._..._.._.. in said DAILY HERALD,.
IN WITNESS WHEREOF, the undersigned, the said PADDOCK
PUBLICATIONS,Inc., has caused this certificate to be signed by,this
authorized agent, at Arlington Heights,Illinois.
PADDOCK PUBLICATIONS,INC.
DAILY HERALD NEWSPAPERS
BY `/ Aga
Authorized Agent
Control#4359448,
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Prepared by the Division of Planning Services, 7213120 7 3
Public Hearing: Consideration of a Draft Annexation
Agreement Concerning the Pulte Easthaven Development, 8-B
Hoffmann Property, 22140 N. Prairie Road
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends discussion.
Overview
Pulte Home Corporation has petitioned for approval of a single-family development on the Hoffmann
property, 22140 N. Prairie Road. The unincorporated property is a 20-acre tract used for agriculture. An
existing single-family home on the property would be maintained as a "farmstead." The Village's
Comprehensive Plan designates the site for single-family development.
The plan proposes 38 single-family houses ranging in size from approximately 3,200 to 4,000 square
feet.
Two lots will be platted for the "farmstead"area(1.3 acres). Lot 39 will accommodate a future house; Lot
40 will be occupied by the existing single-family house. The farmstead area would continue current uses
including gardening, orchards and poultry (chickens and ducks). The property owner requests a provision
in the annexation agreement to allow existing animals to remain on the farmstead.
The plan proposes zoning in the R-3A District. The minimum standards for this district are a lot area of
10,000 square feet, a lot width of 80 feet, and front and rear yards of 30 feet. The proposed lots would
have minimum dimensions of 82 feet in width and 131 feet in depth.
Variations of the 30-foot front yard setback are requested to allow a 25-foot corner side yard for Lots 3, 7,
8, 12, 13, 17, 18 and 22. Variations are also requested concerning the existing barn on proposed Lot 39.
The barn will be approximately 10 feet from the new street right-of-way;the standard front yard setback
is 30 feet. The barn will be located in a front yard; accessory structures are allowed in side and rear yards,
but not front yards.
Variations of the Village Fence Code are requested to allow fencing in the front yards of the two
farmstead lots (Lot 39 and 40).
A variation of the Village Sign Code is requested to allow a permanent subdivision identification sign for
the Easthaven development.
The plan extends the existing street grid in the Prairie Grove subdivision adjoining to the north. Olive Hill
Drive, which is currently a half street with one-way access from Prairie Road, would be completed as a
full street. Paved areas for vehicles to turn around are provided for the two streets which terminate at the
west side of the development.
The plan provides an addition of 0.67 acres to the existing Prairie Grove public park (1.32 acres). This
park would be further expanded if the agricultural land to the west is annexed and developed.
An easement of 15 feet in width is provided between Lots 38 and 39 to allow future construction of
sidewalk to the adjoining property south of the site.
The public hearing concerning the draft annexation was opened by the Village Board on January 20 and
continued to February 3.
The draft annexation agreement is attached for discussion by the Village Board on February 3. The
developer and property owner are reviewing the draft.
Consideration of the final agreement and ordinances to approve the agreement, annexation and zoning
will be scheduled for the February 24 Village Board agenda.
Next Steps
Consideration of ordinances approving the annexation agreement, annexation and zoning.
Prior Actions
Public hearing for draft annexation agreement.
Anticipated Future Board Actions
Consideration of plat of subdivision.
Attachments
Hoffmann-Pulte Annex Agrmt-draft_1-29-2014.pdf
NOTICE_Vill Bd Hearing_Pulte Hoffmann property_12-30-2013_.pdf
Location Map-Hoffmann property_9-12-2013.pdf
Pulte Easthaven-Hoffmann Exhibits-annex agnnt_1-29-2014.pdf(Appendix)
Trustee Liaison Staff Contact
Trustee Stein Robert E Pfeil,Planning
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1/29/2014
ANNEXATION AGREEMENT
The Hoffmann property, 22140 N. Prairie Road
Pulte Homes Easthaven subdivision and Hoffmann Farmstead parcels
This agreement (hereinafter referred to as the "Agreement") made and entered into this
day of February, 2014, by and between the VILLAGE OF BUFFALO GROVE (hereinafter
referred to as "Village") by and through the President and Board of Trustees of the Village
(hereinafter collectively referred to as the "Corporate Authorities") and Chicago Title Land Trust
Company, as Trustee under Trust Agreement dated January 20, 1966 and known as Trust No.
40000231 (hereinafter referred to as "Owner") and Pulte Home Corporation (hereinafter
referred to as "Developer").
WITNESSETH:
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of
the Constitution of the State of Illinois of 1970; and,
WHEREAS, Owner is the owner of a certain tract of property (hereinafter referred to as
the "Property") comprising 19.44 acres legally described and identified in the Legal Description,
attached hereto as EXHIBIT A and made a part hereof, and which real estate is contiguous to
the corporate limits of the Village; and,
WHEREAS, a Plat of Annexation is attached hereto as EXHIBIT B, which depicts a total
area of 19.44 acres to be annexed; and,
WHEREAS, Owner and Developer desire and propose pursuant to the provisions and
regulations applicable to the R-3A One-Family Dwelling District of the Village Zoning Ordinance
to develop the Property in accordance with and pursuant to a certain Preliminary Plan prepared
by Willis Burke Kelsey Associates Ltd and dated as last revised November 25, 2013, and also a
certain Preliminary Engineering Plan prepared by Spaceco Inc. and dated as last revised October
2, 2013, (hereinafter jointly referred to as "Preliminary Plan") a copy of which Preliminary Plan
is attached hereto as EXHIBITS D and E, and incorporated herein, and subject to all other
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exhibits attached hereto or incorporated by reference herein. Said development of the
Property shall consist of 38 single-family houses to be constructed by the Developer, and
maintenance of a single-family house and other buildings and structures on the portion of the
Property referred to herein as the "Farmstead Parcels" (located on proposed Lot 39 an Lot 40 as
depicted on EXHIBIT D).
WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et seq., of the Illinois
Municipal Code (65 ILCS 5/11-15.1-1 et seq.) and as the same may have been modified by the
Village's Home Rule powers, a proposed Annexation Agreement was submitted to the
Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by
Statute; and,
WHEREAS, pursuant to due notice and advertisement, the Plan Commission of the
Village has held a public hearing and made its recommendations with respect to the requested
zoning classification in the R-3A One-Family Dwelling District and variations of the Village
Zoning Ordinance; and,
WHEREAS, the President and Board of Trustees after due and careful consideration have
concluded that the annexation of the Property to the Village and its zoning and development on
the terms and conditions herein set forth would further enable the Village to control the
development of the area and would serve the best interests of the Village.
NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements
herein set forth, the parties hereto agree as follows:
1. Applicable Law. This Agreement is made pursuant to and in accordance with the
provisions of Section 5/11-15.1-1 et seq., of the Illinois Municipal Code (65 ILCS 5/11-15.1-1 et
seq.) and as the same may have been modified by the Village's Home Rule powers. The
preceding whereas clauses are hereby made a part of this Agreement.
2. Agreement: Compliance and Validity. The Owner has filed with the Village Clerk
of the Village a proper petition pursuant to and in accordance with the provisions of Section
5/7-1-8 of the Illinois Municipal Code (65 ILCS 5/7-1-8) and as the same may have been
modified by the Village's Home Rule powers, conditioned on the execution of this Agreement
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and the compliance with the terms and provisions contained herein, to annex the Property to
the Village. It is understood and agreed that this Agreement in its entirety, together with the
aforesaid petition for annexation, shall be null, void and of no force and effect unless the
Property is validly annexed to the Village and is validly zoned and classified in the R-3A One-
Family Dwelling District, all as contemplated in this Agreement. Except as set forth in Section 29
hereof, no portion of the Property shall be disconnected from the Village without the prior
written consent of its Corporate Authorities.
3. Enactment of Annexation Ordinance. The Corporate Authorities, within twenty-
one (21) days of the execution of this Agreement by the Village, will enact an ordinance
(hereinafter referred to as the "Annexation Ordinance") annexing the Property to the Village.
Said Annexation Ordinance shall be recorded at the Lake County Recorder's Office along with
the Plat of Annexation (attached hereto as EXHIBIT B).
4. Enactment of Zoning Ordinance. Within twenty-one (21) days after the passage
of the Annexation Ordinance, the Corporate Authorities shall enact an ordinance zoning the
Property in the R3A One-Family Dwelling District subject to the restrictions further contained
herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to
time. Said zoning shall be further conditioned on the development of the Property in
accordance with the Preliminary Plan (EXHIBITS D and E) and other exhibits attached hereto or
incorporated by reference herein.
5. Approval of Plans. The Corporate Authorities hereby approve the Preliminary
Plan (EXHIBITS D and E) pursuant to the provisions of the Development Ordinance. The
Corporate Authorities agree to approve a Development Plan (including plats of subdivision)
based on final versions of the plans and drawings of the development of the Property as
submitted by the Owner or Developer provided that the Development Plan shall:
A. conform to the approved Preliminary Plan, and
B. conform to the terms of this Agreement and all applicable Village
Ordinances as amended from time to time; and
C. conform to the approved Development Improvement Agreement as
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amended from time to time.
6. Compliance with Applicable Ordinances. The Owner and Developer agree
to comply with all ordinances of the Village of Buffalo Grove as amended from time to time in
the development of the Property, provided that all new ordinances, amendments, rules and
regulations relating to zoning, building and subdivision of land adopted after the date of this
Agreement shall not be arbitrarily or discriminatorily applied to the Property but shall be
equally applicable to all property similarly zoned and situated to the extent possible. Owner
and Developer, in the development of the Property, shall comply with the standards set forth in
the Village of Buffalo Grove Development Ordinance as amended from time to time.
Notwithstanding the foregoing, the Village shall not apply new ordinances or regulations to the
Property to the extent that the ordinances or regulations would prevent development of the
Preliminary Plan approved herein.
7. Amendment of Plan. If the Owner or Developer desires to make changes to
to the Preliminary Plan, as herein approved, the parties agree that such changes to the
Preliminary Plan will require, if the Village so determines, the submission of amended plats or
plans, together with proper supporting documentation, to the Plan Commission and/or the
Corporate Authorities to consider such changes to the Preliminary Plan. The Corporate
Authorities may, in their sole discretion, require additional public hearings and may review the
commitments of record contained in this Agreement, including, but not limited to fees, prior to
final consideration of any change to the Preliminary Plan. The Village Manager is hereby
authorized to approve such minor changes as he deems appropriate.
8. Building Permit Fees. The building permit fees may be increased from time to
time so long as said permit fees are applied consistently to all other developments in the Village
to the extent possible. In the event a conflict arises between the Owner or Developer and the
Village on any engineering and technical matters subject to this Agreement, the Village reserves
the right to pass along any and all additional expenses incurred by the use of consultants in the
review and inspection of the development from time to time. Owner or Developer shall pay
any non-discriminatory new or additional fees hereinafter charged by the Village to owners and
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developers of properties within the Village.
9. Water Provision. The Owner and Developer shall be permitted and agree to tap
on to the Village water system at points recommended by the Village Engineer which points to
the extent shown on EXHIBIT E are hereby approved by the Village. It is understood, however,
that changes to the Preliminary Engineering Plan may be required at the time of Final
Engineering. The Owner and Developer further agree to pay to the Village such fees in
accordance with the applicable Village Ordinances at the time of the issuance of the water and
sewer permits. The Owner and Developer agree to accept any increase in water rates and tap
on fees provided such rates and fees apply consistently to all other similar users in the Village
to the extent possible. Following such tap on, the Village agrees to provide to the best of its
ability and in a non-discriminatory manner water service to all users on the Property in
accordance with the Preliminary Plan. Watermains serving the Property and those approved as
part of the development shall be installed by the Developer and, except for service connections
to the buildings shall, upon installation and acceptance by the Village through formal
acceptance action by the Corporate Authorities, be dedicated to the Village and become a part
of the Village water system maintained by the Village.
10. Storm and Sanitary Sewer Provisions.
A. The Corporate Authorities agree to cooperate with the Developer and to
use their best efforts to aid Developer in obtaining such permits from governmental agencies
having jurisdiction as may be necessary to authorize connection from the proposed
development to the Lake County Department of Public Works for the collection of sewage and
to the Lake County Division of Transportation as may be appropriate. The Developer shall
construct sanitary sewers as may be necessary to service the Property, in accordance with
EXHIBIT E. It is understood, however, that changes to the Preliminary Engineering Plan may be
required at the time of Final Engineering. Upon installation and acceptance by the Village
through formal acceptance action by the Corporate Authorities, the Village agrees to operate
and maintain such systems, except for sanitary sewer service connections. The Owner and
Developer agree to accept any increase in sewer rates and tap on fees, provided that such fees
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and rates are applied consistently to all similar users in the Village to the extent possible.
B. The Developer shall also construct any storm sewers which may be
necessary to service the Property, in accordance with EXHIBIT E. It is understood, however, that
changes to the Preliminary Engineering Plan may be required at the time of Final Engineering.
Upon installation and acceptance by the Village through formal acceptance action by the
Corporate Authorities, the Village agrees to operate and maintain that portion of the storm
sewer system which serves multiple properties. The Owner and Developer agree to operate and
maintain that portion of the storm sewer system located on the subject Property and not
dedicated.
C. Outlot A as depicted on Exhibit D shall be constructed as a stormwater
management detention facility. Upon completion of said facility as approved by the Village,
Outlot A shall be conveyed to the Village for ownership and maintenance.
11. Drainage Provisions. The Owner and Developer shall fully comply with any
request of the Village Engineer related to the placement of buildings on lots, to preserve
drainage standards. The Owner and Developer shall install any storm sewers and/or inlets
which are required to eliminate standing water or conditions of excess sogginess which may, in
the opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn
grasses.
12. Payment of Recapture Fees Owed. Any amount of recapture required to be paid
by this Property shall be due and payable to the Village upon final platting of the first plat of
subdivision of any portion of the Property.
13. Security for Public and Private Site Improvements. Security for public and
private site improvements shall be provided in accordance with the Development Ordinance,
and the Development Improvement Agreement (EXHIBIT C) as amended from time to time.
Any letter of credit issued for such improvements shall be drawn on a financial institution of net
worth reasonably satisfactory to the Village Attorney. The issuer may have an equitable or
lending interest in the Property provided that the letter of credit, either by its own terms or by
separate written assurances of the issuer, shall be honored irrespective of that interest. The
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Village shall have the right to draw up to the full amount of the letter of credit in order to
complete, and have formal acceptance of, all improvements secured by the letter of credit.
14. Right of Way Dedication. The Owner and Developer shall dedicate right-of-way
along Prairie Road to provide a right-of-way of 60 feet from the centerline, and right-of-way
along Olive Hill Drive to provide a total right-of-way of 60 feet. Owner and Developer agree to
dedicate such additional right-of-way along Prairie Road as may be required for the Prairie Road
improvement planned by the Lake County Division of Transportation. Said dedication of right-
of-way shall be provided on the first plat of subdivision approved by the Village for any portion
of the Property.
15. Exhibits. The following Exhibits, some of which were presented in testimony
given by the Owner and Developer or the witnesses during the hearings held before the Plan
Commission and the Corporate Authorities prior to the execution of this Agreement, are hereby
incorporated by reference herein, made a part hereof and designated as shown below.
EXHIBITA Legal Description
EXHIBIT B Plat of Annexation
EXHIBIT C Development Improvement Agreement (form)
EXHIBIT D Preliminary Plan dated November 25, 2013
EXHIBIT E, E-1 Preliminary Engineering Plan ( 2 sheets) dated October 2, 2013
EXHIBIT F, F-1 Landscaping Plan (2 sheets) dated November 25, 2013
EXHIBIT G, G-1 Subdivision identification sign (2 sheets) dated January 15, 2014
EXHIBIT H Fencing plan for Farmstead Parcels (Lot 39 and Lot 40) dated
December 12, 2013
16. Annexation Fee. Developer agrees to pay an annexation fee of $700.00 per
dwelling unit for the 38 new houses, which fee shall be payable pro rata at issuance of building
permits.This fee, however, shall be paid in full prior to the expiration of this Agreement.
17. Building, Landscaping and Aesthetics Plans. The models and exterior elevations
of the single-family houses to be constructed by the Developer shall comply with the
appearance package approved by the Village Appearance Review Team (ART) and Village Plan
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Commission. It is understood and agreed that modifications pertaining to the exterior
elevations may be desired by the Developer to accommodate homebuyers, and to the extent
practicable, the Village shall review said modifications administratively. Major changes may be
subject to review by the Appearance Review Team (ART).
Lighting and signage shall be compatible with surrounding areas as approved by the
Village. Phases not under construction or completed shall be maintained in a neat and orderly
fashion.
18. Declaration of Covenants, Conditions and Restrictions. The Property shall be
subject to a declaration of covenants, conditions and restrictions ("Declaration") which shall
include, but not by way of limitation, a provision whereby the Village shall have the right, but
not the obligation, to enforce covenants or obligations of the Owner, Developer or association
and/or owners of the units of the Property as defined and provided with the Declaration, and
further shall have the right, upon thirty (30) days prior written notice specifying the nature of a
default, to enter upon the Property and cure such default, or cause the same to be cured at the
cost and expense of the Owner, Developer or association of the Property. The Village shall also
have the right to charge or place a lien upon the Property for repayment of such costs and
expenses, including reasonable attorneys' fees in enforcing such obligations.
The Declaration shall also provide that the Property shall be used and developed in
accordance with Village ordinances, codes and regulations applicable thereto, including
ordinance(s) enacted pursuant to this Agreement. The Declaration shall be submitted to the
Village for review and approval, and shall further provide that the provisions relative to the
foregoing requirements may not be amended without the prior approval of the Village.
The Declaration shall also provide that the Village may enforce its ordinances, including, but
not by way of limitation, traffic ordinances, on the Property, including private property and
common areas.
The Developer has represented that a homeowners association will be established for
the ownership and maintenance of the subdivision identification sign to be constructed on
Outlot E as depicted on Exhibit D. The homeowners declaration is subject to review and
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approval by the Village.
19. Park District Donations. Developer agrees to comply with the provisions of Title
19 of the Buffalo Grove Municipal Code as amended from time to time regarding park
donations. Outlot C and Outlot D shall be conveyed to the Village upon request by the Village.
The Village shall convey Outlot D to the Buffalo Grove Park District, and said Outlot D shall fulfill
the active park land donation requirement for the Property. Developer shall grade and establish
a grass cover for Outlot C and Outlot D in the first phase of development of the Property prior
to conveyance of said outlots to the Village.
Developer agrees to make cash contributions in lieu of dedicating land to fulfill the
passive park land donation requirement for the Property. The Village shall convey said cash
contributions to the Buffalo Grove Park District.
20. School District Donations. Owner and Developer agree to comply with the
provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time
regarding school donations. Developer agrees to make cash contributions to the Village for
conveyance to School Districts 102 and 125 according to the criteria of said Title. Any new
residential buildings constructed on the Farmstead Parcels are subject to Title 19 concerning
school donations.
21. Library District Donations. Owner and Developer agree to comply with the
provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time
regarding library donations.
22. Conditions Concerning Parks, School and Library Donations. It is understood and
agreed that rooms in the residential units labeled as dens, lofts, studies or libraries on the floor
plans will be counted as bedrooms for the purposes of calculating park, school and library
donations, if, in the judgment of the Village, said rooms can be used as bedrooms. It is
understood and agreed that the per acre land value used to compute said cash contributions
may be increased from time to time, and cash contributions made at the time of building
permit issuance shall be based on the land value in effect at the time of permit issuance.
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23. Annexation to the Buffalo Grove Park District. The Owner and Developer agree,
at the request of the Buffalo Grove Park District, to annex any part or all of the Property to said
Park District. Said annexation shall be completed within sixty days (60) days of the request of
the Park District.
24. Facilitation of Development. Time is of the essence of this Agreement, and all
parties will make every reasonable effort to expedite the subject matters hereof. It is further
understood and agreed that the successful consummation of this Agreement and the
development of the Property is in the best interests of all the parties and requires their
continued cooperation. The Owner and Developer do hereby evidence their intention to fully
comply with all Village requirements, their willingness to discuss any matters of mutual interest
that may arise, and their willingness to assist the Village to the fullest extent possible. The
Village does hereby evidence its intent to cooperate in the resolution of mutual problems and
its willingness to facilitate the development of the Property, as contemplated by the provisions
of this Agreement.
25. Enforceability of the Agreement. This Agreement shall be enforceable in any
court of competent jurisdiction by any of the parties or by an appropriate action at law or in
equity to secure the performance of the covenants herein described. If any provision of this
Agreement is held invalid, such provision shall be deemed to be excised herefrom and the
invalidity thereof shall not affect any of the other provisions contained herein.
26. Term of Agreement. This Agreement is binding upon the Property, the parties
hereto and their respective grantees, successors and assigns for a term of twenty (20) years
from the date of this Agreement. This Agreement shall not be assigned without prior written
consent of the Village. This Agreement may be amended by the Village and the owner of record
of a portion of the Property as to the provisions applying thereto, without the consent of the
owners of other portions of the Property.
27. Corporate Capacities. The parties acknowledge and agree that the individuals
that are members of the group constituting the Corporate Authorities are entering into this
Agreement in their official capacities as members of such group and shall have no personal
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liability in their individual capacities.
28. Notices. Any notice required pursuant to the provisions of this Agreement shall
be in writing and be sent by certified mail to the following addresses until notice of change of
address is given and shall be deemed received on the fifth business day following deposit in the
U.S. Mail.
If to Owner:
If to Developer:
Copy to:
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Tressler LLP
22 S. Washington Ave
Park Ridge, IL 60068
29. Default.
A. In the event Owner or Developer default in performance of their
obligations set forth in this Agreement, then the Village may, upon notice to Owner or
Developer, allow Owner or Developer sixty (60) days to cure such default or provide evidence
to the Village that such default will be cured in a timely manner if it cannot be cured during said
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period. If Owner or Developer fail to cure such default or provide such evidence as provided
above, then, with notice to Owner or Developer, the Village may begin proceedings to
disconnect from the Village any portion of the Property upon which obligations or development
have not been completed or at the option of the Village, to rezone such Property to the
Residential Estate District. In such event, this Agreement shall be considered to be the petition
of the Owner or Developer to disconnect such portion of the Property, or at the option of the
Village, to rezone such Property to the Residential Estate District
B. In addition to sub-paragraph A. hereof, it is recognized by the parties
hereto that there are obligations and commitments set forth herein which are to be performed
and provided by the Developer not by the Owner. The Village agrees that the Owner as such is
exculpated from any personal liability or obligation to perform the commitments and
obligations of the Developer set forth herein and that the Village will look solely to the
Developer for such performance, except that to the extent that the Owner or successor thereto
shall become a developer or shall designate or contract with a developer other than Pulte
Home Corporation. In that case, the Owner or the new designee shall be subject to the
liabilities, commitments and obligations of this Agreement. In the event the Developer defaults
in its obligations created under this Agreement, the Village may enforce such obligations
against the Property Owner.
30. Litigation.
A. The Owner and Developer, at their cost, shall be responsible for any
litigation which may arise relating to the annexation, zoning and development of the Property.
Owner and Developer shall cooperate with the Village in said litigation but Owner/Developer's
counsel will have principal responsibility for such litigation.
B. The Owner and Developer shall reimburse the Village for reasonable
attorneys' fees, expenses and costs incurred by the Village resulting from litigation relating to
the annexation, zoning and development of the Property or in the enforcement of any of the
terms of this Annexation Agreement upon a default by the Owner or Developer.
C. Owner and Developer hereby indemnify and hold the Village harmless
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from any actions or causes of action which may arise as a result of development activities
for which the Owner or Developer is responsible.
31. Special Conditions.
A. It is understood and agreed that the Village of Buffalo Grove levies a real
estate transfer tax on all conveyances of real property in the Village. From the adoption of the
ordinance approving this Agreement, any transfer of the Property or portion thereof shall be
subject to the payment of such real estate transfer tax or an equivalent cash payment to the
Village.
B. Owner represents and warrants that the only mortgagee, lien holder or
holder of any security interest affecting title to the Property or any part thereof is
X X by its written approval of this Agreement
acknowledges that this Agreement is superior to its security interest in the Property. OR Owner
(and Developer) represent and warrant that there are no mortgages, liens or other security
interest affecting title to the Property or any part thereof.
C. Owner shall deposit with the Village the amount necessary to reimburse
the Village for any real estate tax payments made by the Village to the Long Grove Fire
Protection District concerning the Property pursuant to Section 705/20 of the Illinois Fire
Protection Act (70 ILCS 705/20). Said deposit, as determined by the Village, shall be made by
the Owner within sixty (60) days of the date of this Agreement.
D. Developer Provisions
1. Variations of Section 17.40.020.B. of the Village Zoning Ordinance
are hereby granted to allow a corner side yard of 25 feet instead of 30 feet for Lots 3, 7, 8, 12,
13, 17, 18 as depicted on Exhibit D.
2. Variations of Section 14.16.010. of the Village Sign Code are
granted to allow a subdivision identification sign as depicted on Exhibit D and Exhibit G. The
final design of said sign is subject to Village approval. It is understood and agreed that that the
location of said sign on Outlot E as depicted on Exhibit D may need to be modified to
accommodate the dedication of right-of-way as set forth Section 14 of this Agreement.
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3. Developer may submit master building plans for approval of
various models to be built, and said approval shall pertain to subsequent permit applications for
individual lots unless substantive modifications to said models are proposed.
4. Outlot B shall be conveyed to the Village when said outlot is
graded and established with grass as approved by the Village. The Village shall own and
maintain said outlot, and Developer shall have no further obligations for said outlot after
conveyance to the Village.
5. Developer shall construct the paved areas at the end of the
streets terminating at the west line of the Property as depicted on Exhibit D when the streets
are constructed. Said paved areas are intended to accommodate maneuvering of emergency
and service vehicles, and said paved areas shall not be used for parking. The Developer shall
install barriers at the end of said streets if required by the Village Engineer. The design and
placement of said barriers is subject to approval by the Village Engineer.
The Developer shall provide easements to the Village to allow said paved areas to
occupy Lots 28 and 30. Said paved areas on Lot 28 and Lot 30 shall be removed if the public
street is extended on the adjoining property to the west. Removal of said paved areas shall be
the responsibility of the developer extending said street. At such time that the paved areas are
removed from Lot 28 and Lot 30 as approved by the Village, the easements on said lots shall be
vacated.
6. The Village agrees to permit the Developer to construct and
maintain one model area on Lot _, consisting of one building with suitable off-street parking
areas, all subject to Village approval. Such construction shall be in compliance with the
provisions of the Village's Building Code in effect at the time of building permit issuance. The
Village will allow permitting and construction of the model prior to completion of the public
street and public water service, but a certificate of occupancy shall be issued only when street
access and water service are available to serve said model.
The Developer may use the model only for marketing the Property. Such use shall be
discontinued when development of the Property as approved herein has been completed.
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7. Developer shall disclose in writing the uses allowed on Lot 39 and
Lot 40 to all persons contemplating the purchase of a house in the Easthaven subdivision. Said
written disclosure is subject to written approval by the Village.
E. Farmstead Provisions
1. Variation of Section 17.40.020.13. of the Village Zoning Ordinance
is hereby granted to allow a setback of 10 feet instead of 30 feet for the existing barn on Lot 39.
It is understood and agreed that the lean-to portion of the barn shall be removed within one (1)
year after annexation of the Property.
2. Variations of Section 15.20.040.A. of the Village Fence Code are
hereby granted to allow construction of fences in the front yards of Lot 39 and Lot 40 as
depicted on Exhibit H hereto. Said front yard fences shall be a picket fence style not higher than
four (4) feet. Said front yard fences shall be tapered in height beginning at the 30-foot building
setback line to meet the height of fencing constructed in the respective side yards of said lots.
Gates in the respective front yard fences are subject to review and approval by the Village to
ensure that adequate visibility is provided for vehicles accessing said gates.
3. Existing buildings and structures on Lot 39 and Lot 40 as depicted
on the plat of survey dated June 26, 2013 shall be allowed to remain as currently constructed. It
is understood and agreed that the frame garage on Lot 39 does not meet the required setback
from the south property line. In the event of damage to said garage of more than 50 % of its
value, repair or rebuilding of said garage shall be in compliance with applicable zoning
standards unless variations are granted by the Village.
4. Modifications and upgrades of the existing buildings and
structures on Lot 39 and Lot 40 shall comply with applicable Village building and life safety
codes. It is understood and agreed that a new garage may be constructed on Lot 40. Said
garage shall meet applicable zoning standards unless variations are granted by the Village.
5. The existing driveway to Prairie Road may be used for access to
Lot 39 and 40 until such time that Lot 40 is transferred to an owner other than Willard G.
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Hoffmann or his descendants, or until such time that Lot 40 has a driveway connection to
Jordan Terrace which is to be constructed as part of the Pulte Easthaven subdivision. Access to
Prairie Road for Lot 39 shall be terminated when said transfer of Lot 40 or a driveway
connection to Jordan Terrace for Lot 40 occurs.
The driveway to Prairie Road shall be maintained by the owners of Lot 39 and 40, and a
temporary easement shall be provided allowing said access on Outlot A when said Outlot is
owned by the Village. Said easement shall be vacated when Lot 40 is transferred to an owner
other than Willard G. Hoffmann or his descendants, or until such time that Lot 40 has a
driveway connection to the Jordan Terrace constructed as part of the Pulte Easthaven
subdivision.
6. Lot 39 and Lot 40 shall be allowed to connect a driveway for each
lot to Jordan Terrace, and also to connect sidewalks or paths to the public sidewalk.
7. Lot 39 and Lot 40 shall connect to the Village water system and
sanitary sewer system when said utilities are available to serve said lots. At the time of
connection to Village sanitary sewer, existing septic sewer facilities shall be properly sealed or
pumped and filled as required by the Illinois Department of Public Health and as approved by
the Village Health Officer.
8. The existing deep well on the Property may be maintained for
landscape sprinkling and agricultural uses on Lot 39 and Lot 40. Any underground irrigation
system is subject to review and approval by the Village. In the event that the well becomes
inoperable it shall be properly abandoned and sealed in conformance with the State of Illinois
requirements and as approved by the Village.
9. It is understood and agreed that the use of Lot 39 and Lot 40 (the
Farmstead Parcels) by the current Hoffmann family owners contemplates maintenance of a
rural, agricultural character of a circa 1939 farm, herein referred to as the "Farmstead Parcels."
After the effective term of this Annexation Agreement and pursuant to 65 ILCS 5/11-15.1-2(f),
the provisions of the Village's ordinance relating to zoning of Lot 39 and Lot 40 in accordance
with this Annexation Agreement shall remain in effect unless modified in accordance with law.
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The activities and uses listed below are allowed on Lot 39 and Lot 40 while owned by Willard G.
Hoffmann or his descendants:
a. The existing live poultry consisting of 15 ducks and 15 chickens (a
total 30) on the Farmstead Parcels are allowed to remain for the duration of their natural lives.
Said existing animals may not be replaced, and no roosters are allowed.
b. Agricultural crops, gardens, orchards, compost areas, clotheslines,
decorative windmills, scarecrows, and decoys are allowed on the Farmstead Parcels. It is
understood and agreed that impacts, including noise and odor, will be controlled to avoid
nuisance issues for adjacent properties and residents. Crops and garden produce shall not be
sold on the Property.
C. Signage stating the age and ownership of the Hoffmann farm,
subject to Village review and approval of the size and location, shall be allowed on the
Farmstead Parcels. Signage that prohibits trespassing and snowmobiling on the Property shall
be allowed to be installed on the Farmstead Parcels, and said signs shall not exceed 1.5 square
feet in area per sign. The number and locations of said signs are subject to review and approval
by the Village.
d. Lighting shall be allowed for security and operational purposes.
Lighting repaired or installed after annexation of the Property shall use fixtures that minimize
glare and light spillover onto adjoining properties.
e. The existing heating and cooling equipment and the irrigation
system for the existing greenhouse on Lot 39 shall be allowed to remain. Repair or replacement
of said equipment is subject to applicable Village codes.
10. Owners of Lot 39 and Lot 40 shall have the right to subdivide said
lots into three lots that comply with Village zoning and development standards. Lot 39 and Lot
40 may be sold separately, and a lot remaining in the ownership of Willard G. Hoffmann or his
descendants shall retain the rights granted in this annexation agreement. Willard G. Hoffmann
and his descendants shall have the right to give, sell or exchange Lot 39 or Lot 40 without
limitation to any other Hoffmann family member, without losing the rights granted to Lot 39
18
and Lot 40 herein.
11. It is understood and agreed that upon annexation the Village will
issue new street addresses for buildings on Lot 39 and Lot 40 to ensure proper identification for
provision of services, and Owner shall use said Village addresses in place of current addresses
assigned by Lake County. Owner is also required to contact the Buffalo Grove Post Office and
submit a change of addresses requesting use of the addresses as assigned by the Village.
IN WITNESS WHEREOF, the Corporate Authorities, Owner and Developer have caused
this instrument to be executed by their respective proper officials duly authorized to execute
the same on the day and the year first above written.
VILLAGE OF BUFFALO GROVE
By
JEFFREY S. BRAIMAN, Village President
ATTEST:
By
VILLAGE CLERK
OWNER: Chicago Title Land Trust Company,
as Trustee under Trust Agreement
Dated January 20, 1966 and known
as Trust No. 40000231
By
DEVELOPER: Pulte Home Corporation
By
19
This document prepared by:
Robert E. Pfeil,Village Planner
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
20
EXHIBIT A
Legal Description
Hoffmann property
22140 N. Prairie Road, Prairie View, IL
The south 660 feet of the north % of the east % of the southwest % of Section 21, Township 43
North, Range 11 East of the Third Principal Meridian, in Lake County, Illinois.
PIN 15-21-300-010
PULTE HOMES/HOFFMANN PROPERTY,22140 N. PRAIRIE ROAD
TO BE PUBLISHED January 4,2014 ANNEXATION AGREEMENT
VILLAGE OF
BUFFALO GROVE
Fifty Raupp Blvd
Buffalo Grove,IL 60089-2100
Phone 847-459-2525
NOTICE OF PUBLIC HEARING
PUBLIC NOTICE IS HEREBY GIVEN that a public hearing will be held by the Village President and
Board of Trustees of the Village of Buffalo Grove on Monday, January 20, 2014 at 7:30 p.m. in
the Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, IL
concerning the following matter:
SUBJECT: Petition to the Village of Buffalo Grove for consideration of an annexation
agreement and annexation with zoning in the R-3A One-family Dwelling District and approval of
a Preliminary Plan for a subdivision of 40 lots, including 38 new single-family homes and an
existing single-family house, and existing accessory buildings and structures, with the following
variations: Village Zoning Ordinance (Title 17 of the Buffalo Grove Municipal Code), Section
17.40.020.B. —to allow a corner side yard of 25 feet instead of 30 feet for proposed Lots 3, 7, 8,
12, 13, 17, 18, and 22; to allow a setback of 10 feet instead of 30 feet from the proposed street
right-of-way for the existing barn on proposed Lot 39; and Section 17.32.020.A. — to allow an
accessory structure (the existing barn on proposed Lot 39) to be located in a front yard; Village
Fence Code (Title 15 of the Buffalo Grove Municipal Code), Section 15.20.040.A. — to allow a
fence in the front yard of proposed Lot 39 and Lot 40; Village Sign Code (Title 14 of the Buffalo
Grove Municipal Code), Section 14.16.010—to allow a subdivision identification sign.
Pulte Homes proposes to construct 38 single-family houses. An area of approximately 1.3 acres
will be platted as two lots allowing a farmstead with an existing single-family house, accessory
buildings and structures, and a future single-family house.
PETITIONER: Pulte Home Corporation
1901 North Roselle Road, Suite 1000
Schaumburg, IL 60195
SUBJECT PROPERTY LEGAL DESCRIPTION: The south 660 feet of the north % of the east % of the
southwest % of Section 21, Township 43 North, Range 11 East of the Third Principal Meridian, in Lake
County, Illinois. (PIN 15-21-300-010)
SUBJECT PROPERTY COMMON DESCRIPTION: 22140 N. Prairie Road, Prairie View, IL
Documents submitted for the public hearing are on file at the office of the Village Clerk, 50
Raupp Boulevard, and may be examined by interested persons. Anyone with questions
concerning the hearing may contact Robert Pfeil, Village Planner, 847-459-2525.
All persons present at the public hearing will have an opportunity to be heard.
Dated this 30th day of December, 2013.
Janet M. Sirabian, Village Clerk
Village of Buffalo Grove, IL
NOTICE OF PUBLIC
HEARING CERTIFICATE OF PUBLICATION
drat a
PUBLIC NOT ICE is Paddock Publications, Inc.
HEREBYHEREBY �atrrams
pa4ubfic hearing 74fit be held
w e V1RNo if President and
on D&H11eitd
Board of"trustees of the V11-
laaua of �!yultada d3ravo on
NNondoy 9anurarvy 2fr 2014 at
710 am in fdte councfl.
Chambers„ Buffalo Grover
tranrclaal Nvarldlna' � Corporation organized and existing under and b virtue of the laws of
CRa nte, Boulevard, Fig the rp g g Y
cilaurrlglfrntruerndna the
sLdCf.lf"C"f.daetirtan to tfe the State of Illinois,DOES HEREBY CERTIFY that it is the publisher
co,,'"111fttaa'll Of"eGrove ea. of the DAILY HERALD. That said DAILY HERALD is a secular
flan a reentent and onnexaw
rlan wyyw�ldr�Zansnt,In the R-3A newspaper and has been circulated daily in the Village(s)of
r'1Nroe_famlly rtvaelllntr rtfs-
100 and at f rawatl of a rare. Al on aain,_ ntigLb Arlington Hei hts,Aurora B trriaa tbtra,
Ilmlrtory PdarN tar a subddvI Ajpo �l— s _.. g a r __ •..�--
Tarr of n rase illy including Barr xton 11a11� l.�a e ��rraan yto�n Nor°tlI liar°rir't South l�raau toa�r
etiv sNraaOe«tcamidy homes �a ..� ._. s ,,ton,.� _ z �._.._
and art exlsdlna sin le4arnr
Hy house, and exl5lydng ac. Bartlett Batavia Buffalo Grove Bur lin 'ton Cana non hilts
cossory huladlnos and struc-
tures, with the lollavrdng C�a�r�ntersville mmCary,Dcer P,ar _lies Plaincs, South Elgin, East Dundee
oroivorj ante y6foride a !inure Elburn,E1Qan,Elk Grove Village Fox Lake Fox River Grove Geneva
t�ratraar,ce t'rdggn l7 of the
audfaeo Grove dylunrcl I
code,).lo section to 4 side Gilberts,Grayslake, Green Oaks Gurnee Hainesville Hampshire
to allow a career sdde yord
of 25 feet instead of 30 feet
for Proposed Lots 3,7,8,13, Hanover Park,Hawthorn Woods Hoffman Estates Huntley Inverness
se Pack o6�f 1ru `eel to toof o�a
xotdtr w of m fthO tprto ed island Lake Kildccr Lake Villa Lake in the Hills T�� Zur.i.ch, .
strexislinf Torn on9; and y for the proDoseSertlo Clued leiln Pl incc lnshirc Lindenhurst,I oil�(trove, t�i'"„r,�specs,c
cosy ry Structure
ir cta a(the exist- alatan��s��s ncct [lea la� l�rtllarr 1�lertflt p �..
rrassrury sdrrxtaara(the exdstiw
rn4g born on arooaseO Loi 39) bound Lake Beach Round lake loci h R0aurt Lj.,,kc 'ark Schaulrjbur
tohereFen 1nadeo arardt Sleep tlolld;lw, ~
Vdataaa Fence e fade rTlste d5 . 'fit. Charles Streaa�ctwood Tower Lakes Vernon Ilills
of the Buffalo trove Wald-
x6.rl Co"), seeerPtott Vtlw�a7_. �racrara�a.,.'N °lxeelir�f West Dundee.Wildwood Smear Grave
fence of
nosed LW 39 ade adhio� 0 North Aurora � ._
the Buffalo grave Monlcflaaq Code),Sect[on 14,16.010--to .__
Wiowy a subdNv9l5ron rdentrfd.
car fori saga, .............
Pulse Horn" ptrotvoses to
contrucl 38 srn Ne4omlly ....._._ ......._. _ ..._. .
houses.ran arc a o arat$rr>xr. Count leS of Cook Kane Lake NlcHenr rrad m lwo lots allow
gsdat- and State of Illinois,eo � ��
led a..x drrra tits aptlavPln a
farmstead with an Z1111 na ,continuously for more than one year prior to the
soryN��ildina �rnr se sirvc': date of the first publication of the notice hereinafter referred to and is of
tires, and a future sunofe-
fpro%hoes JaPulte Home Pe'rN+r h°axe general circulation throughout said Village(s), County(ies) and State.
L"artaaratlon
tad d+forfh Roselle Road,
Sabre woo
sohetupr"nburg,Ip„atpu95 1 further certify that the DAILY HERALD is a newspaper as defined in
54,3JCCfta ROP'ERTY LE,
GAL DES CRIPTIOW The "an Act to revise the law in relation to notices" as amended in 1992
south 660 feet of the north Ira
of the east V,of the south. Illinois Compiled Statutes, Chapter 7150 Act 5 Section 1 and 5.That a
wesd 1,4 of'Section 21,Torun. > >
f1t3Trd"Pci�rono he rfnalfe! notice of which the annexed printed slip is a true copy,was published
rldlon, In bake Coinsyr( It11f•
nls.t drt ls. '1 7Qfik lay January 4 201..... in said DAILY HERALD.
SUfa.I PaR0 RT'Y
d,L7Nd9shON DESCRIP 1Ctih1:
22140 N.Prairie Rood,Prof.
rle view I'L IN WITNESS WHEREOF the undersigned,the said PADDOCK
t aou.,Lrs submitted for g ,
e on file
at by"e office of her VIl oge PUBLICATIONS,Inc.,has caused this certificate to be signed by,this
Clerk,%RouPa Boulevard,
and may be examined by authorized agent, at Arlington Heights,Illinois.
interested lae.rsarm Anyone
With auestrorrs concerniha
the trr Pie May rorrton- PADDOCK PUBLICATIONS INC.
her,Robert Pie 1, Village tl lon-
ner,fld7 d��du-'�525. ,
All taarxanr Present at the DAILY HERALD NEWSPAPERS
uar.uoNdc hearlrtg will hove an
aaaarNurwUdy to he heard.
PrarecJ thls 30th day of r e
cember,'2far3,
Jalret M8, S'Iroblon, Village
VI rc
Neaddtd, or Doily
of auffaro Grove,,IL.
Published
lrRished In herald
Jan "a 9014l41617) BY
Authorized Agent
Control#4361937,
Location Map : Hoffmann Property NORTH
22140 N Prarie Rd
Map prepared by the Division of Planning Services,9/12/2013
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See appendix: Appendix002- Pulte Easthaven-Hoffmann_Exhibits-annex agrmt_1-29-2014.pdf
' Ordinance No. 2014-8: An Ordinance Amending Title 10 of
the Village of Buffalo Grove Municipal Code (Designation 10-A
of No Stopping, Standing or Parking within the Waterbury
Place Subdivision)
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
Overview
The Village has received a request from the members of the Board of the Waterbury Place Homeowners
Association requesting a change to the current street parking restrictions (7 a.m.to 4 p.m., on school days)
on all public streets within the subdivision. The Traffic Committee has reviewed the parking issues the
residents have been experiencing and recommends revising the parking restrictions to be from 8 a.m. —
9:30 a.m. and 2 p.m. — 3:30 p.m., on school days. The Waterbury Place HOA supports the revised
restrictions.
An ordinance is attached and approval is recommended.
Attachments
Ordl4-l.pdf
Trustee Liaison Staff Contact
Trustee Berman Darren Monico,
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Monday, February 3, 2014 Consent Agenda: Ordinances and Resolutions - Item
: 10-A
1/23/2014
AN ORDINANCE AMENDING TITLE 10
OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE
(DESIGNATION OF NO STOPPING,STANDING OR PARKING WITHIN THE
WATERBURY PLACE SUBDIVISION)
WHEREAS, in order to provide safe and efficient traffic flow in the Waterbury Place Subdivision,
it is necessary to prohibit stopping, standing and parking along all the streets within the Subdivision.
NOW, THEREFORE, BE IT ORDAINED by the President and the Board of Trustees of the Village of
Buffalo Grove, Cook and Lake Counties, Illinois, as follows:
Section 1: Section BG-11-1303.C. of the Village of Buffalo Grove Municipal Code is hereby
amended by revising the following subsection 11 to read:
BG-11-1303.C. Stopping,standing or parking in specified areas is prohibited.
11. All of the public streets in the Waterbury Place subdivision between the hours of 8:00 a.m.
to 9:30 a.m. and 2:00 p.m.to 3:30 p.m. on school days.
Section 2:Any person violating any portion of this Chapter shall be punished according to the
provisions of Chapter 1.08 of the Buffalo Grove Municipal Code.
Section 3:This Ordinance shall be in full force and effect from and after its passage, approval,
and publication as provided by law. This Ordinance may be published in pamphlet form.
AYES:
NAYES:
ABSENT:
PASSED: 12014
APPROVED: 12014
PUBLISHED: 12014
APPROVED:
Village President
ATTEST:
Village Clerk
Ord14-1
' Resolution No. 2014-7: A Resolution Approving an
Agreement for Design Engineering Services for the Bike 10-B
Path Reconstruction and Elevation West of Bordeaux
Court
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
.....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Budget Impact Fund/Account Budget Notes
$31,200 100.55.25.560.40
Overview
The attached resolution allows for the approval of an agreement that provides for design engineering
services of the budgeted 2014 bike path and reconstruction and elevation west of Bordeaux Court. The
proposed project would address channel maintenance concerns and repair approximately 750 linear feet of
an existing eight foot wide bike path near Bordeaux Court. The reconstruction and elevation is needed
because the path often becomes inundated with water. The project includes raising the bike path to
prevent flooding of the path during low flows and will clean out a culvert that helps drain water away
from the bike path. A cross culvert for low flows will also be installed under the path. The contract has a
not to exceed amount of$31,200.
Prior Actions
Resolution 2013-14/March 18,2013
Attachments
Res l4-3.pdf
Proposal.pdf
Trustee Liaison Staff Contact
Trustee Ottenheimer Darren Monico,
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Monday, February 3, 2014 Consent Agenda: Ordinances and Resolutions - Item
: 10-B
RESOLUTION NO. 2014—
A RESOLUTION APPROVING AN AGREEMENT FOR
DESIGN ENGINEERING SERVICES FOR THE
BIKE PATH RECONSTRUCTION AND ELEVATION
WEST OF BORDEAUX COURT
WHEREAS, THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
BUFFALO GROVE desire to cause the implementation of the bike path reconstruction and
elevation west of Bordeaux Court, and
WHEREAS, the approval of an agreement with a consulting engineer is required in order
to proceed with the necessary engineering of the project.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the
Village of Buffalo Grove, Lake and Cook Counties, Illinois, that the President is hereby
authorized and directed to execute the "Professional Engineering Services Agreement'. A copy
of said contract is attached hereto and made a part hereof.
AYES:
NAYES:
ABSENT:
PASSED: 12014
APPROVED: , 2014
APPROVED:
Village President
ATTEST:
Village Clerk
Res 14-3
I
CHRISTOPHER B. BURKE ENGINEERING LTD.
9575 West Higgins Road Suite 600 Rosemont,Illinois 60018 TEL(847)823-0500 FAX(847)823-0520
January 21, 2014
Revised January 27, 2014
Village of Buffalo Grove
50 Raupp Blvd.
Buffalo Grove, IL 60089
Attn: Darren Monico
Subject: Bike Path Reconstruction and Elevation
West of Bordeaux Court
Dear Mr. Monico:
We are pleased to submit this proposal for professional engineering services for the
subject project. This proposal includes our Understanding of the Assignment, Scope of
Services and Not-to-Exceed Fee.
UNDERSTANDING OF THE ASSIGNMENT
CBBEL understands that the Village would like to utilize Village funds for the
reconstruction and elevation of the 800 feet bike path west of Bordeaux Court to just
north of Lyon Court within the Villas of Buffalo Creek Subdivision. It�_is our
understanding from the Village that this grant can be utilized for the construction of this
project. The project consists of raising the existing bike path one foot in elevation with 4
to 1 side slopes tying into the existing grade. The existing 24" CMP culvert will be
removed and replaced. This will keep the path from being inundated during the low
flows, but will require filling in the floodplain and wetland impacts. The wetland impacts
will need mitigation and the fill in the floodplain will require compensatory storage. We
have assumed wetland impacts to be banked and the compensatory storage to be
excavated on-site.
Two culvert crossings will be replaced as part of the proposed project. The fill for the
path will be compacted clay or stone wrapped in a puncture resistant geo-membrane,
not fabric, to prevent root and shoot intrusion depending on the geotechnical reports.
SCOPE OF SERVICES
Task 1 — Topographic Survey: The survey will be used as a base map for design
purposes of the sediment removal and bike path construction and compensatory storage.
• Horizontal Control: Utilizing state plane coordinates, CBBEL will set recoverable
primary control utilizing an assumed horizontal datum.
• Vertical Control: CBBEL will perform a level circuit throughout the entire length of the
project establishing benchmarks and assigning elevations to the horizontal control
points. The elevations will be based on NAVD '88 to coincide with previously
completed projects.
• Topographic Survey: CBBEL will field locate all pavements, signs, manholes, utility
vaults and drainage structures.
• Cross-Sections: CBBEL will survey cross-sections of the path at 50' intervals
extending 25' from center line of existing beaten path for approximately 800' (LF) of
topographic survey.
• Utility Survey: CBBEL will survey all above ground utilities including, but not limited
to: water, sanitary sewer, storm sewer, telephone, electric, cable and gas, etc.
Identify size, type, rim, and invert elevations.
• Tree Survey: CBBEL will locate all trees over 6 inches in diameter within the
proposed improvements.
CBBEL will also obtain utility information from all known utility companies along the project
corridor and include the utility information in the existing conditions base sheets developed
from the above information. The base sheets will be drafted at a scale of 1"=20'.
Task 2 —Geotechnical Investigation: Three (3) soil borings will be obtained to a minimum
depth of 10 feet as part of the Geotechnical Exploration by Testing Service Corporation
(TSC).
Upon completion of drilling and testing, an engineering report summarizing field and
laboratory test data, including a boring location plan and computer generated boring logs.
The report will address anticipated soil and groundwater conditions impacting site
development, based upon the information obtained from the borings. It will also provide
recommendations to guide design and specification preparation pertaining to geotechnical
issues relevant to the structure or purpose described in this proposal. These may include
the following:
• General earthwork and construction considerations.
• Remedial work and/or treatment of unstable or unsuitable soil types.
• Fill placement and compaction for pavements.
LMF/nf/mv
N:MPROPOSALSIADMIM2014\Buffalo Grove-WeslofBordeauXCourt.011714 rev01272014,doc
• Foundation type, capacity and depth/elevation.
• Protective measures required for frost action.
TSC will evaluate current Federal and State environmental agency records for the street
segments by obtaining a Radius Map Report from Environmental Data Resources, Inc.
(EDR). Review of the Radius Map Report assists in identifying potential contamination
sources from adjoining properties which may cause the street segments to be
considered a PIP. TSC will also perform a reconnaissance to evaluate the adjoining
properties for evidence of the use or release of hazardous substances or petroleum
products.
Based on the results of this review, the TSC Professional Geologist conclude if the site
is a PIP. If the site is not identified as a PIP, TSC will prepare a letter discussing the
reviewed information and complete the LPC-662 form, less the signature of the Owner.
TSC will recommend that the Owner sign the LPC-662 Form certifying that the site is not
a PIP and the soil is presumed to be uncontaminated. This form is acceptable at most,
although not all, CCDD/USFO facilities. Soil sampling for pH analysis is required for the
LPC-662 form and will be performed by collecting a soil sample. The soil sample will be
collected either by hand auger or split spoon equipment. The soil sample will be
returned to TSC's office where it will be screened using a photo-ionization detector
(PIO). The soil samples will be submitted for analysis of pH.
Also, TSC will complete environmental soil sampling and analytical laboratory testing for
LPC 663 or LPC 662.If a LPC 663 form is required additional costs would be required
and are not included in this proposal at this time.
Task 3 — Stormwater Permitting: The project will be considered a public development
in the floodplain and will require a Watershed Development Permit from Lake County
Stormwater Management Commission (SMC). CBBEL will complete a Base Flood
Elevation (BFE) determination for the Zone A floodplain in the project corridor and
determine the required compensatory storage for fill associated with the path
reconstruction. The required compensatory storage will be incorporated into the design
plans and permit submittal to SMC.
Task 4 — Wetland Permitting: An investigation of the project site will be completed to
determine the limits of any wetlands or waters of the United States present. The
delineation will be completed based on the methodology established by the U.S. Army
Corps of Engineers. Also during the site visit, wildlife and plant community qualities will
be assessed. The limits of the wetland or waters will be field staked so that they can be
located in relation to the project coordinate system. The results of the field
reconnaissance will be summarized in a letter report. The wetlands'/waters generalized
quality ratings, according to the Swink and Wilhelm Methodology (1994), will be included
along with exhibits depicting the approximate wetland and project boundaries, National
Wetland Inventory, Soil Survey, floodplain, USGS topography, site photographs and
LMF/nf/mv
NVPROPGYS,ALSwADM'INV014kBuffe9c rove,WostotBorcBDauxCou,rt,0117'h4 rev01272014'doc
their locations, and the U.S. Army Corps of Engineers (COE) Routine On-Site Data
Forms. If the delineation is field surveyed, that will be used as our base wetland
boundary map, otherwise we will use the best available aerial photograph.
CBBEL staff will coordinate and attend a wetland/waters boundary confirmation with the
appropriate SMC Staff. CBBEL Environmental Resources Staff will prepare the wetland
and buffer portions of the required permit applications. This information will include the
required exhibits, specifications, data and project information. This information will also
be compiled and assembled for placement in permit application packages to the U.S.
Army Corps of Engineers and SMC as required. Before and during the permit review
process, we expect to have meetings with the regulatory agencies, project engineer,
and client. We also expect to have to prepare responses to comments received during
the review process. We have budgeted for attendance at three meetings and included
budget to cover the cost of submittal of one response to comments. If additional
meetings, or responses to comments, are required they will be billed on a time and
materials basis.
Task 6 — Plans S ecifications ,and Estimates: CBBEL will prepare plans and
specifications for the project. The plans and specifications will be submitted for review
to the Village for review.
i
•
Title Sheet 1 8 8
�!......._...... . _ ..._ ._. ......10 .. . . . 10 .�
General Notes and Summa of Quantities 1._......._._ .__ .� �.._
Ali nment, Ties and Benchmarks 1 10 10
Typical Sections 1 8 8
Existin Conditions and Removal Plan _ .._1.._ mm8..........._...... 8mIT mmm
Bike Path Plan and Profile 2 10 20
Landscape & Soil Erosion/Sediment 1 10 10
Control Plans & Details
Specification -- 10
Cost Estimate/Quantities
Task 6 — Coordination Meetings with Village and/or Residents: CBBEL has
assumed that one coordination/ review meetings will be required with the Village and/or
residents.
Task 7 — Bidding Assistance: CBBEL will attend the bid opening and evaluate the
bids and bidders to determine if the bids were submitted in accordance with the contract
documents and if the bidders are qualified to perform the work. Following this review,
W rnNnv
f.I;1Pf$(7POSAI.Ml7MINV0MBuffaloGrove-WeslofBordeauxCourt.011714 rev01272014.doc
CBBEL will provide a recommendation to the Village for award of the construction
contracts.
Task 8 — Contract Administration Assistance: CBBEL will assist the Village in
preparation of compiling six (6) copies of contracts and execution of the contracts and
review of contract related documents provided by the successful bidder.
NOT-TO-EXCEED FEE
CBBEL estimates the following fees for each of the tasks described above:
Task 1 —Topographic Survey $5,000
Task 2 — Geotechnical Investigation $1,000
Task 3— Stormwater Permitting $6,500
Task 4—Wetland Permitting $3,500
Task 5 — Plans, Specifications and Estimates $13,000
Task 6 — Coordination Meetings with Village and/or Residents $1,200
Task 7— Bidding Assistance $500
Task 8 — Contract Administration Assistance $500
TOTAL (Not To Exceed) $31,200
We will bill you at the hourly rates specified on the attached Schedule of Charges and
General Terms and Conditions. Direct costs for blueprints, photocopying, mailing,
overnight delivery, messenger services and report compilation are included in the Not-
to-Exceed Fee. These General Terms and Conditions are expressly incorporated into
and are an integral part of this contract for professional services. It should be
emphasized that any requested additional services that are not included in the
preceding Fee will be billed at the attached hourly rates.
LMF/nf/mv
NAPROPOSALSMDMIM20141Buffalo Grove-WestofBordeauxCourt,011714 rev01272014.doc
Please sign and return one copy of this agreement as an indication of acceptance and
notice to proceed
If you have any questions, please feel free to contact us.
Sincerely„
Christop . Burke„ h D st.M.ASCE
President
THIS PROPOSAL ACCEPTED FOR THE VILLAGE OF BUFFALO GROVE.
BY:
TITLE:
DATE:
t.MF(nfhnv
NAPROPOSAi.S'h+UMINVf IMBuf alo Grotre-VV'ostof'A ofd� o�tijxCou,rp,01I714# revO1272014 doc
' Ordinance No. 2014-9: Ordinance Amending the
Preliminary Plan to Allow the Addition of a Control Room 10-C
Structure within the Existing Fenced Area at the Aptakisic
Road ComEd Substation at 251 Aptakisic Road.
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
Overview
ComEd has requested to amend the preliminary plan, originally approved by Ordinance 1988-90 and
amended by Ordinance 1999-68, in order to allow construction of a substation control structure within the
existing fenced area at the ComEd substation located at 251 Aptakisic Road. Photos of the proposed
structure are attached. Following approval of the ordinance amending the plan, ComEd will be required
to submit for and have approved permits prior to construction.
Prior Actions
Ordinance 1988-90 and Ordinance 1999-68
Anticipated Future Board Actions
None.
Attachments
Ordiance amending the Preliminary Plan—ComEd substation_Aptakisic Rd.pdf
Exhibit B_Photo of ComEd Control Structure_1-23-2014.pdf
Exhibit C_ComEd Control Room oblique view -23-2014.pdf
Exhibits D1&D2_ComEd Site Plan 1-22-2014.pdf
Trustee Liaison Staff Contact
Trustee Stein Brian P Sheehan,
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Monday, February 3, 2014 Consent Agenda: Ordinances and Resolutions - Item
: 10-C
1/27/2014
ORDINANCE NO. 2014-
AN ORDINANCE APPROVING AN AMENDMENT TO THE PRELIMINARY PLAN
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
Commonwealth Edison Company
Aptakisic Road Sub-station, TSS 109
South of Aptakisic Road, east of Buffalo Grove Road
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois
Constitution of 1970; and,
WHEREAS, the Commonwealth Edison Company (hereinafter referred to as
"Owner"), is the Owner of the 27.67-acre property (hereinafter referred to as the "Property")
described in EXHIBIT A attached hereto, which exhibit is made a part hereof, and which real
estate is within the corporate limits of the Village; and,
WHEREAS, the Property is zoned in the R-1 One-family Dwelling District with a
Special Use for a public utility facility,pursuant to the annexation agreement dated October 3,
1988 approved by Ordinance No. 88-90 and amended by Ordinance No. 99-68; and,
WHEREAS, Within Section 23.A. of said agreement provisions are made to allow the
Owner to replace or add equipment within the existing fenced yard as a minor change to the
Special Use authorization; and,
WHEREAS, Owner requests approval of a minor change to the Preliminary
Plan to add a substation control structure within the fenced yard pursuant to the following
1
exhibits:
EXHIBIT A Legal Description.
EXHIBIT B Photographs of similar control structure.
EXHIBIT C Depiction of the proposed structure in its approximate location within the
fenced yard.
EXHIBIT D1 Plat marked as Issued for Construction with the date 8-15-2013.
EXHIBIT D2 General plan marked as Issued for Permit with the date 1-2-2014.
WHEREAS, the President and Village Board of Trustees after due and careful
consideration have concluded that the development of the Property on the terms and conditions
herein set forth would enable the Village to control development of the area and would serve the
best interests of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS:
Section 1. This Ordinance is made pursuant to and in accordance with the Village's
Zoning Ordinance, Development Ordinance, and the Village's Home Rule powers. The
preceding whereas clauses are hereby made a part of this Ordinance.
Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance
approving the minor change to the Preliminary Plan to add a substation control structure within
the fenced yard as depicted in Exhibits D1 & D2 attached hereto, subject to the following
conditions:
2
A. Owner shall provide plans and elevations for the proposed substation control
structure and plans for site improvements for Village review and approval.
B. Owner shall remove any existing structures and equipment on the Property that
are no longer in use in accordance with a schedule approved by the Village.
Section 3. This Ordinance shall be in full force and effect on and after its passage and
approval. This Ordinance shall not be codified.
AYES:
NAYS:
ABSENT:
PASSED: , 2014.
APPROVED: , 2014.
ATTEST: APPROVED:
Janet Sirabian Jeffrey S. Braiman
Village Clerk Village President
This document was prepared by: Mail to: Village Clerk
Brian Sheehan, DBC/Operations Village of Buffalo Grove
Village of Buffalo Grove 50 Raupp Boulevard
50 Raupp Boulevard Buffalo Grove, IL 60089
Buffalo Grove, IL 60089
3
EXHIBIT A
Legal Description
Commonwealth Edison
Aptakisic Road Sub-station, TSS 109
251 Aptakisic Road
Of that part of the Northwest Quarter of the Northwest Quarter of Section 28, Township 43
North, Range 11, East of the Third Principal Meridian, described as follows: Commencing at the
Northwest corner of said Northwest Quarter of the Northwest Quarter; thence North 89 degrees
47 minutes 30 seconds East, along the North line of said Northwest Quarter of the Northwest
Quarter, 248.965 feet to the point of beginning; thence South 48 degrees 12 minutes 10 seconds
East, 235.52 feet; thence South 41 degrees 47 minutes 50 seconds; West, 365.75 feet, to a point
on the East line of the West 181.00 feet of said Northwest Quarter of the Northwest Quarter;
thence South 0 degrees 01 minutes 17 seconds West, along said East line of the West 181.00
feet, to the Centerline of the Creek commonly known as Aptakisic Creek; thence in a
Southeasterly direction along the centerline of said creek, to a point on the South line of said
Northwest Quarter of the Northwest Quarter; thence North 89 degrees 43 minutes 05 seconds
East, along said South line, to the Southeast corner of said Northwest Quarter of the Northwest
quarter; thence North 0 degrees 04 minutes 25 seconds West, along the East line of said
Northwest Quarter of the Northwest Quarter, 712.58 feet; thence North 48 degrees 12 minutes 10
seconds West, 916.40 feet, to a point on the North line of said Northwest Quarter of the
Northwest Quarter; thence South 89 degrees 47 minutes 30 seconds West, along said North line,
388.54 feet to the point of beginning, and including any adjacent unincorporated highway,
situated in Lake County, Illinois.
PIN: 15-28-100-039
PIN: 15-28-100-003
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This document is the property of Northern Star Industries,Iron Mountain,MI and contains confidential information.
It is not to be shared with thirdparties or used in any way,directly or indirectly, that is detrimental to our interests.
Proposed ComEd Control Room
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Authorization to Engage the Professional Services of Ayres 10-D
Associates for GIS Aerial Mapping
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
.....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Budget Impact Fund/Account Budget Notes
$115,111 150.75.560.50
Overview
Staff seeks to engage the professional services of information technology and aerial photography
specialist Ayers Associates for the specific task of creating Planimetric data sets for use in our GIS
system. Ayers Associates is the approved vendor of the GIS Consortium.
The vector flyover will provide the Village with aerial photography and planimetric data at resolutions not
possible through any other means. Planimetric data includes detailed geographical information on items
such as; road center-lines, wetlands rivers, creeks, ponds, parks, forested areas, parking lots and other
impervious surfaces.
This project is consistent with the previously approved budget and 2014 Capital Improvement Program.
Through the purchasing power of the GIS Consortium,the Village is able to obtain prices not otherwise
available to the Village. Staff recommends authorization to purchase these services.
Attachments
Capital Improvement Plan_GIS_2014.pdf
Buffalo Grove contract-2014 mapping.pdf
Trustee Liaison Staff Contact
Trustee Terson Brett Robinson,
M.on.daY,............FebruarY.............3......, 2.0.1.4.........................................................................................................Consent
..Agenda:
.....New
...Business
..._...Item
........1.0.D..........................................
GIS Consortium
Category:Technology
in pollj j Fund: Capital Projects - Facilities
so ik Account Number: 150.75.560.50
Priority Score: 19
... ooe...000>....
Initial Proposal Date: 2013
Project Coordinator: PW-Engineering
Summary: Joining the GIS Consortium gave the Village of Buffalo Grove access to staffing and
development tools through a cooperative, regional consortium. Savings over in-
house staff are realized as the Village only pays partial staff salaries sized to fit our
needs without bringing in our own set of employees. The expenditures laid out
below are based on the Remote Access Service GIS Consortium Model which
provides savings in hardware and software costs for the Village. For 2014, a vector
flyover is being budgeted to increase accuracy of our base map data.
Budget Impact: This project is funded through an internal) transfer from the General Fund's operating
revenues.
FY 2009 FY 2010 FY 2011 FY 2012 Estimated TOTAL
Budgeted Amount FY 2013
$ 0 $ 0 $ 0 $ 0 $152,997 $152,997
Actual $ 0 $ 0 $ 0 $ 0 $152,997 $152,997
Expenditures
Expense Category FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 TOTAL
Land
Staffing/Engineering $128,846 $132,711 $136,693 $140,794 $145,017 $684,061
Vector Flyover/
Layer Development $115,111 $25,053 $29,943 $30,558 $31,475 $232,140
Equipment $14,447 $12,482 $11,082 $11,139 $11,011 $60,161
Contingency
Sub-Total 1 $258,404 $170,247 $177,717 $182,490 $187,490 $976,362
Village of Buffalo Grove 215 2014 Adopted Budget
AGREEMENT FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made between the Village of Buffalo Grove, Illinois (OWNER)
and Ayres Associates Inc., 5201 E. Terrace Drive, Suite 200, Madison, WI 53718
(CONSULTANT).
OWNER intends to retain the CONSULTANT to acquire aerial photography in the spring
of 2014 and prepare planimetric mapping.
OWNER and CONSULTANT agree to performance of professional services by
CONSULTANT and payment for those services by OWNER as set forth below.
ARTICLE 1 - BASIC SERVICES
CONSULTANT shall provide professional services for OWNER on the Project to which this
Agreement applies, including customary services incidental thereto, and as indicated in
Attachment A.
ARTICLE 2 -ADDITIONAL SERVICES
If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional
Services not included as part of Basic Services. These services will be paid for by OWNER as
indicated in Article 5 and Attachment C.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely manner so as not to delay the services of
CONSULTANT:
3.1 Designate in writing a person to act as OWNER's representative.
3.2 Provide all criteria and full information as to OWNER's requirements.
3.3 Place at CONSULTANT's disposal all available pertinent information.
ARTICLE 4 - PERIODS OF SERVICE
The provisions of this Article 4 and the compensation for CONSULTANT's services have been
agreed to in anticipation of the orderly and continuous progress of the Project. In Attachment B
specific periods of time for rendering services are set forth or specific dates by which services
are to be completed are provided; if such dates are exceeded through no fault of
CONSULTANT, it shall not be considered a default of this agreement. GempeRSati„n nFevided
heFe"R Shall be s NeGt to equitable adj stmeRt
Page 1 of 11
ARTICLE 5 - PAYMENTS
5.1 Methods of Payments for Services and Expenses
5.1.1 OWNER shall pay CONSULTANT for Basic Services and Additional Services rendered
(as amended and supplemented by Attachment A) in accordance with the State of Illinois
Prompt Payment Act and Attachment C.
5.2 Times of Payments
5.2.1 CONSULTANT shall submit monthly invoices for Basic and Additional Services rendered.
OWNER shall make payments in accordance with the State of Illinois Prompt Payment Act in
response to CONSULTANT's invoices.
5.3 Other Provisions Concerning Payments
5.3.1
0
0
0
Payment shall be made pursuant to the Illinois Local Government
Prompt Payment Act (50 ILCS 505/1 et. seq.)
5.3.2 In the event of termination by OWNER, CONSULTANT will be reimbursed for all charges
and services rendered.
5.3.3 Records pertinent to CONSULTANT's compensation will be kept in accordance with
generally accepted accounting practices.
5.3.5 The amount of any excise, value-added, gross receipts, or sales taxes that may be
imposed shall be added to the compensation as determined above.
5.4 Definitions
5.4.1 Direct Labor Costs used as basis for payment means salaries and wages (basic and
incentive) paid to all CONSULTANT's personnel engaged directly on the Project, but does not
include indirect payroll related costs.
ARTICLE 6 - GENERAL CONSIDERATIONS
6.1 Reuse of Documents
Any reuse of the services and documents provided under this agreement for purposes not
intended, will be at the owners sole risk.
Page 2 of I I
6.2 Controlling Law
This Agreement shall be governed under the laws of the State of Illinois.
6.3 Indemnification
The CONSULTANT hereby indemnifies and holds the OWNER harmless for any and all costs,
expenses, claims, lawsuits or liabilities incurred by OWNER that arise out of, or in connection
with, the Contractor's negligent acts, errors or omissions that causes harm or damage to any
person or property as a result of the professional photogrammetric services required to
complete this project.
6.3 Copyright Assignment
The CONSULTANT assigns copyright to the OWNER for all deliverable products produced
under this contract. All deliverable products prepared by the CONSULTANT under this contract
are the property of the OWNER. The CONSULTANT agrees that the products shall not be
made available to nor used to prepare additional products for any individual or organization at
any time without prior written approval by the OWNER.
ARTICLE 7 - EXHIBITS AND SCHEDULES
7.1 The following Exhibits are attached to and made a part of this Agreement.
7.1.1 Attachment A - Scope of Services
7.1.2 Attachment B - Periods of Service
7.1.3 Attachment C - Compensation and Payments
7.1.4 Attachment D - Project Area Map
7.1.5 Attachment E - Planimetric features list.
7.2 This Agreement (consisting of pages 1 to 11, inclusive), together with the Exhibits and
Schedules identified above, constitute the entire agreement between OWNER and
CONSULTANT and supersede all prior written or oral understandings. This Agreement and
said Exhibits may only be amended, supplemented, modified or canceled by a duly executed
written instrument.
ARTICLE 8 -TERMINATION
8.1 Either party hereto may terminate this agreement without cause, upon written notice to
the other party. Any fees earned prior to termination shall be paid to the Consultant pursuant to
the Illinois Local Government Prompt Payment Act (50 ILCS 505/1 et. seq.)
Page 3of11
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the
day and year first written above.
Village of Buffalo Grove, Illinois Ayres Associates Inc
OWNER CONSULTANT
(Signature)
(Printed Name) Kirk Contrucci
(Title) Vice President
(Date)
Page 4 of 11
ATTACHMENT A - SCOPE OF SERVICES
Initials:
Agreement dated OWNER
CONSULTANT
BASIC SERVICES
1.1 General
1.1.1 CONSULTANT shall provide professional services for OWNER as hereinafter provided.
1.2 Photogrammetric Services
After written authorization to proceed, CONSULTANT shall:
1.2.1 Obtain aerial imagery of the Village of Buffalo Grove, IL in the spring of 2014 using a
calibrated, digital photogrammetric camera. The minimum aerial photography coverage
is represented by the map on Attachment D. All photography will be flown with 60
percent forward lap and 30 percent sidelap.
1.2.2 Establish ground control in and around the project area to support photogrammetric
mapping.
1.2.3 Perform analytical aerotriangulation to support planimetric mapping to GIS Consortium
(GISC) standards (1"=50' map scale features).
1.2.4 Perform new planimetric mapping for the project area shown on Attachment D and will
include the standard GISC features as listed on Attachment E.
1.2.5 Topologically structure the planimetric data and deliver as ESRI (Environmental Systems
Research Institute) geodatabase.
1.2.6 Deliverable products will include:
• Digital planimetric mapping in ESRI geodatabase format
• One copy of FGDC (Federal Geographic Data Committee) compliant metadata for all
digital files in HTML and XML format.
ADDITIONAL SERVICES
2.1 Services Requiring Authorization in Advance
If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional
Services as hereinafter provided. These services are not included as part of Basic Services and
will be paid for by OWNER as indicated in Article 5 and Attachment C.
Page 5of11
2.1.1 Services to investigate existing conditions or facilities or to verify the accuracy of
information furnished by OWNER.
2.1.2 Services resulting from significant changes in the general scope, extent or character of
the Project.
2.1.3 Furnishing services of independent professional associates and consultants for other
than Basic Services.
2.1.4 Preparing to serve or serving as a consultant or witness for OWNER in any litigation,
arbitration or other legal or administrative proceeding involving the Project.
2.1.5 Additional services in connection with the Project, including services which are to be
furnished by OWNER, and services not otherwise provided for in this Agreement.
OWNER'S RESPONSIBILITIES
In addition to the OWNER's responsibilities listed in Article 3, OWNER shall do the following in a
timely manner so as not to delay the services of CONSULTANT:
3.4 Furnish to CONSULTANT, as required for performance of CONSULTANT's Basic
Services, the following, all of which CONSULTANT may use and rely upon in
performing services under this Agreement.
3.5 Other special data or consultations not covered under BASIC SERVICES and
ADDITIONAL SERVICES.
3.6 To the extent allowed by law, arrange for access to and make all provisions for
CONSULTANT to enter upon public and pFivate pFepeFty as required for CONSULTANT
to perform services under this Agreement.
3.7 Furnish approvals and permits from all governmental authorities having jurisdiction over
the Project and such approvals and consents from others as may be necessary for
completion of the Project.
3.8 Give prompt written notice to CONSULTANT whenever OWNER observes or otherwise
becomes aware of any development that affects the scope or timing of CONSULTANT's
services.
3.9 Furnish, or direct CONSULTANT to provide, Additional Services as stipulated in
paragraph 2.1 of this Agreement or other services as required.
3.10 Bear all costs incident to compliance with the requirements of Article 3, as amended
and supplemented by Attachments A and C.
Page 6 of 11
3.11 OWNER has designated the following representative to serve as the Quality
Assurance/Quality Control for the project: Thomas Thomey; MGP, Inc.; 701 Lee Street;
Suite 1020; Des Plaines, IL 60016; Phone: (847) 656-5698. CONSULTANT will deliver
Preliminary Product to the above designee.
3.12 OWNER will provide CONSULTANT with accurate boundaries for the aerial
photography coverage prior to aerial photo acquisition. The specific area for planimetric
map compilation will be determined by OWNER by May 1, 2014 and the boundary will
be provided to CONSULTANT in ESRI shapefile or geodatabase format.
3.13 Prior to commencement of mapping, OWNER will provide CONSULTANT with the most
current ESRI Geodatabase which includes the existing Planimetric and Digital Terrain
Model (DTM). The Geodatabase shall reflect the most current feature geometry and
attribution.
3.14 OWNER must be able obtain the appropriate user agreements with Cook County, IL to
obtain the existing County's existing LiDAR data and permit CONSULTANT to utilize
the data for the ortho-rectification process.
Page 7 of 11
ATTACHMENT B - PERIODS OF SERVICE
Initials:
Agreement dated OWNER
CONSULTANT
4.1 Provisions of Article 4 are hereinafter amended and supplemented as follows:
4.2 The services called for in Attachment A- Scope of Services will be completed and
submitted as follows:
4.2.1 Preliminary Product. CONSULTANT will deliver the preliminary products to
OWNER by October 15, 2014, provided that the CONSULTANT receives the
executed contract from OWNER by May 15, 2014. Delay in contract execution
beyond this date will result in equivalent delay for delivery of mapping to OWNER.
4.2.2 Quality Assurance /Quality Control Review. OWNER, or the designee as stated in
paragraph 3.11 Attachment A, will review the Preliminary Mapping Product and
compile suggestions for modification and adjustment and submit review to
CONSULTANT within 15 calendar days of receipt of Preliminary Mapping Product.
4.2.3 Final Deliverable. CONSULTANT will make final delivery of the Mapping
Products (all deliverables)within 15 calendar days of receipt of the QA/QC Review
from OWNER, or the designee as stated in paragraph 3.11 Attachment A.
4.3 CONSULTANT's services under this Agreement shall be considered complete on at the
eapl; ef 4-)the date when the submissions have been accepted by OWNER. ^r(2) +hipty days
4.4 If OWNER has requested significant modifications or changes in the general scope, extent
or character of the Project, the time of performance of CONSULTANT's services shall be
adjusted equitably.
4.5 If CONSULTANT's services for the Project are delayed or suspended in whole or in part by
OWNER for more than three months for reasons beyond CONSULTANT's control,
CONSULTANT shall on written demand to OWNER (but without termination of this Agreement)
be paid as provided in paragraph 5.3.2.
Page 8 of 11
ATTACHMENT C - COMPENSATION AND PAYMENTS
Initials:
Agreement dated OWNER
CONSULTANT
5.1 Methods of Payments for Services and Expenses
5.1.1 Basic Services. OWNER shall pay CONSULTANT for Basic Services rendered as
follows:
5.1.1.1 For services outlined above, OWNER shall pay CONSULTANT a lump
sum fee of$115,111.00.
5.1.2 Additional Services. OWNER shall pay CONSULTANT for Additional Services
rendered as follows:
5.1.2.1 General. For Additional Services of CONSULTANT's principals and
employees engaged directly on the Project and rendered pursuant to
paragraph 2.1 on the basis of CONSULTANT's Direct Labor Costs times
a factor of 2.8.
5.1.2.3 Serving as a Witness. For services rendered by CONSULTANT's
principals and employees as consultants or witnesses in any litigation,
arbitration or other legal or administrative proceedings in accordance
with paragraph 2.1.4, at the rate of$1,000.00 per day or any portion
thereof.
5.1.4 The terms "Direct Labor Costs" has the meaning assigned to the term in Article 5.4.
Page 9 of I I
Attachment D — Project Area Map
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Attachment E - Planimetric Features List
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Page 11 of 11
Resolution No. 2014-8: Resolution Approving an Agreement
for Professional Engineering Services for
Floodplain/Floodway Hydraulic Modeling,Wetland 11-A
Investigation, Preliminary Soils Investigation and Buildable
Area- Buffalo Grove Golf Course
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
.....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Budget Impact Fund/Account Budget Notes
$79,000 100.70.580.05
Overview
As part of the Village's consideration of a proposal by CRM Properties or other entities to develop the
Buffalo Grove Golf Course into a mixed use district, it is necessary to assess the floodplain
characteristics, conduct hydraulic modeling, wetland and soils investigation and develop a buildable area
plan for the site. There are two waterways running through the Golf Course, and the current Master Plan
Designs do not show the relocated waterways. The purpose of this study is to develop concept level
alternatives to accommodate the waterways into development plans and provide a detailed outline of the
expected permitting requirements and timeline. Please refer to the attached agreement for a complete
understanding of the assignment.
Staff recommends approval of the resolution and execution of the Agreement with Christopher B. Burke
Engineering Ltd. (CBBEL) for Professional Engineering Services for Downtown Development
Floodplain/Floodway Hydraulic Modeling, Wetland Investigation, Preliminary Soils Investigation and
Buildable Area Analysis.
The results of the study will determine project feasibility and could further refine the project master plan
if the project advances. The timeline for the study is approximately 160 days. It should be noted that the
information obtained from this study is applicable to the golf course property generally and may be used
for development purposes other than the proposed downtown project, should the Board choose to pursue
other options.
Attachments
Res 14-4.pdf
Proposal.pdf
Testing Sery Corp.pdf
Trustee Liaison Staff Contact
Trustee Stein Darren Monico,
M.o�n.d�aY,............Feb�r�uarY
.............3......2.0.1.4.........................................................................................................Ordinances
...and
...Resolutions
..._...Item
....�....1..1.._A............................................................
RESOLUTION NO. 2014—
A RESOLUTION APPROVING AN AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES FOR THE
DOWNTOWN DEVELOPMENT FLOODPLAIN/FLOODWAY
HYDRAULIC MODELING,WETLAND INVESTIGATION,
PRELIMINARY SOILS INVESTIGATION AND BUILDABLE AREA—
BUFFALO GROVE GOLF COURSE
WHEREAS, THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
BUFFALO GROVE desire to cause the implementation of the Downtown Development
Floodplain/Floodway Hydraulic Modeling, Wetland Investigation, Preliminary Soils Investigation
and Buildable Area — Buffalo Grove Golf Course, and
WHEREAS, the approval of an agreement with a consulting engineer is required in order
to proceed with the necessary engineering of the project.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the
Village of Buffalo Grove, Lake and Cook Counties, Illinois, that the President is hereby
authorized and directed to execute the "Professional Engineering Services Agreement'. A copy
of said contract is attached hereto and made a part hereof.
AYES:
NAYES:
ABSENT:
PASSED: 12014
APPROVED: , 2014
APPROVED:
Village President
ATTEST:
Village Clerk
Res 14-4
uni
CHRISTOPHER B. BURKE ENGINEERING,LTD.
9575 West Higgins Road Suite 600 Rosemont,Illinois 60018 TEL(847)823-0500 FAX(847)823-0520
May 29, 2013
Revised December 20, 2013
Village of Buffalo Grove
Public Works Department
51 Raupp Boulevard
Buffalo Grove, IL 60089
Attention: Mr. Darren Monico, PE
Village Engineer
Subject: Proposal for Professional Engineering Services for
Downtown Development Floodplain/Floodway Hydraulic Modeling,
Wetland Investigation, Preliminary Soils Investigation and Buildable Area
Analysis
Dear Mr. Monico:
In response to your request, Christopher B. Burke Engineering Ltd. (CBBEL) is
submitting this Proposal for Professional Engineering Services for the Downtown
Development Buildable Area Analysis. The screening level analysis will focus on the
floodplain, floodway and wetland constraints that may impact the useable area for the
site. A detailed traffic analysis will not be included as part of this study. Included below
is our Understanding of the Assignment, Scope of Services, and Not-To-Exceed Fee.
UNDERSTANDING OF THE ASSIGNMENT
We understand that the Village of Buffalo Grove is interested in developing a portion of
the Village owned Buffalo Grove Golf Course into a commercial district as depicted in
the Master Plan Designs, dated August 2012 prepared by CRM Properties Group, Ltd.
There are two waterways running through the Golf Course, and the current Master Plan
Designs do not show the relocated waterways. The purpose of this study is to develop
concept level alternatives to accommodate the waterways into the development and
provide a detailed outline of the expected permitting requirements and timeline.
As shown on the effective Federal Emergency Management Agency (FEMA) Flood
Insurance Rate Map (FIRM) for Cook County and Lake Counties, IL the development
area contains mapped regulatory floodplain and floodway associated with Buffalo Creek
and Farrington Ditch. There are also likely wetlands/Waters of the US associated with
the waterways. The waterways will have to be accommodated within the development
plan in accordance with the applicable regulatory agencies regulations. Based on our
past experience, waterway relocations of this scope can involve significant regulatory
permitting.
CBBEL will perform a concept level analysis and develop recommendations to
accommodate the waterways within the development plan in accordance with Lake
County Watershed Development Ordinance (WDO), Metropolitan Water Reclamation
District of Greater Chicago (MWRDGC), Illinois Department of Natural Resources —
Office of Water Resources (IDNR-OWR), FEMA, the U.S. Army Corps of Engineers
(USCOE), the Illinois Environmental Protection Agency (IEPA) and Illinois Department of
Transportation (IDOT) regulations. The analysis will include documentation of the
existing flood plain/floodway and wetlands located on the site, preliminary sizing of the
relocated waterway, quantification of floodplain and floodway fill, wetland impacts and
stormwater detention/water quality requirements. We will evaluate two alternatives, and
it is our understanding that each alternative will include a small creek through the center
of the site with an overflow channel around the east or west side of the site. Both
alternatives will seek to maximize the useable frontage along Lake Cook Road. We will
utilize our subconsultants, Testing Services Corporation (TSC) and Spaceco, Inc. to
complete preliminary soil borings for the site and a useable space analysis. The results
will be summarized in a report which will also outline the concept level buildable area,
permitting requirements, revised cost estimate and expected permitting timeline for the
project.
SCOPE OF SERVICES
Based on our Understanding of Assignment, CBBEL proposes to provide the following
Scope of Services:
Task 1 — Field Reconnaissance and Resource Review: CBBEL staff will complete a
field reconnaissance of the site to develop a better contextual understanding of the site
and its environs. Additionally, CBBEL staff will review available mapping resources and
reports. An exhibit will be prepared delineating the approximate limits of "waters of the
United States", wetlands and wetland/waters buffer on an aerial photograph. This
information can also be overlaid on the proposed site development plan. The results of
the field reconnaissance and resource review will be summarized in the overall project
report.
Task 2 — Concept Plan for Creek Relocation Alternatives: CBBEL will prepare
concept sketches of the creek relocation options and present these to the Village and
developer for review prior to proceeding with the hydraulic modeling of the alternatives.
We will meet with the Village and developer to discuss the concepts and modify them as
necessary to meet the desires for the project site while following applicable regulatory
requirements.
Task 3 — Development of Creek Relocation Alternatives: The primary constraints on
the site are the waterways that bisect the property. Based on the results of Tasks 1 and
2, CBBEL will develop two concept level alternatives to relocate the waterway in a way
that will accommodate the development plan and meet the regulatory permitting
requirements. The alternatives will include waterway re-alignment plans, typical channel
cross-sections, quantification of flood plain/floodway fill, sizing and layout of
compensatory storage locations, quantification of wetland impacts and preliminary sizing
of the stormwater detention for the project. Preliminary hydraulic modeling will be
performed to establish the preliminary sizing of the relocated waterway channels and
floodway boundaries.
Page 2 of 5
Task 4 — Conceptual Buildable Space Analysis and Cost Estimate: Using the
wetland, floodplain and floodway information from the previous tasks, an analysis of the
buildable space on the property will be completed for each alternative. A preliminary
grading plan and an engineer's estimate of probable cost will also be prepared for the
earthwork associated with each alternative. Several assumptions will be required to
complete this analysis, and these assumptions will be documented in the summary
report. An exhibit will be prepared showing the approximate net buildable area given
the various site constraints.
Task 5 — Meetings with Regulatory Agencies: During the development of the
alternatives, CBBEL will meet with IDNR-OWR, USACE and Lake County Stormwater
Management Commission (SMC) to discuss the regulatory permitting requirements.
The results of the meetings will be incorporated into the plans and summary report.
Task 6 — Waters of the United States Wetland and Buffer Permittin Summar :
Based on the findings of the previous and an evaluation of local and federal regulations
a discussion will be prepared describing various permitting scenarios that could result
depending on the level of wetland/waters impacts proposed. This discussion will
summarize Federal Clean Water Act/USACE permitting and WDO permitting
requirements. The summary will also discuss wetland and waters mitigation
requirements and costs associated with mitigation.
Task 7 — Preliminary Soil Borings: Given the large amount of earthwork associated
with this project, it will be critical to know the type of soil on the site. Poor soils certain
portions of the site can add millions of dollars to the project while good soils may allow
for considerable cost savings during mass grading process. We will work with our
subcontractor, Testing Service Corporation (TSC) to complete 35 borings of the site to
get a general cross-section of the site. The majority of the soil borings will be 15 feet
deep, with a few that are 25 feet deep. Additional borings that will be required for final
design purposes are not included as part of this scope of services. The TSC proposal is
attached to this proposal.
Task 8 — Summary Report: A summary report with associated exhibits will be
prepared summarizing the screening level analysis, engineer's recommendation of
buildable area and permitting requirements. It is anticipated that the summary report will
be provided to the Village and developer for guidance on potential floodplain, wetland
and stormwater management strategies for the site as well as the regulatory permits
required.
Task 9 — Proiect Coordination Meetings: If requested, CBBEL staff is available to
attend meetings to discuss our findings. We have assumed two meetings will be
required; any additional meetings will be billed on a time and materials basis.
Page 3 of 5
ESTIMATED TIMELINE
Task Description..._................._...._......_._...._.........__. Completion p tion
Date*
_ __Fi I.d .R.e......c....o...n.. n..a...is...sa.......n. c...e.......
andR.e....
..o.._u-r"c........e... Revew1 � 2�/�21/14
2 Concept Phan for Creek Relocation Alternatives � 3/7/14._.............. .
3 Development of Creek Relocation Alternatives 4/25/14
_._4..... Conceptual Buildable Space Anal�......_._._—���
p p Analysis 5/9/14
..5 mm...... Meetings � ......._._ �.
with Regulatory Agencies 5/24/14
6 Waters of the United States, Wetland and Buffer Permitting
Summary 5/24/14
Preliminary Soil Borings 3/7/14
8 Summary Report www.. w.. . .._.. 5/30/14
9 Project Coordination Meetings 5/30/14
*Assuming a start date of January
3._._._.... ..
NOT-TO-EXCEED FEE
CBBEL proposes to provide the proposed engineering services defined under the Scope
of Services for the amounts as indicated below.
Task Descri tion Fee
1 Field Reconnaissance and Resource Review $ 2,500
2 Concept Plan for Creek Relocation Alternatives
3 Development of Creek Relocation Alterna
tives $22,000
_.._ 4 ..... Conceptual Buildable ace...Analysis
� ._ _._.._..........�... �m... ....
Sp.. . Anal sis and Cost Estimate $13 500
w-..W........._......._.... . ........._..... .��. .........
5 Meetings with Regulatory Agencies $ 4,500
6 Waters of the United States, Wetland and Buffer Permitting
Summary $ 2,500
. . ry g
7 PreliminaWW W µµSoil BorinW s _....... _mm IT $23,800
8 Summary Report $ 6,000
9 Project Coordination Meetings 2 600
TOTAL(NOT-TO-EXCEEDS $79,00
The deliverables for this project will include:
• Preliminary Soil Boring Report
• Waters of the United States, Wetland and Buffer Permitting Summary
• Summary Report consisting of:
o Floodplain and Floodway Analysis with associated exhibits
o Stormwater Analysis
o Preliminary Grading Plans with Revised Earthwork Cost Estimates
o Engineer's Recommendation of Conceptual Buildable Area based on
Floodplain, Floodway, Stormwater and Wetland Analysis
Please note this scope of services does not include preliminary engineering or permit
submittals that will be required by the various agencies. These items will be covered
under a subsequent scope of services.
Page 4 of 5
We will bill you at the hourly rates specified on the attached Schedule of Charges and
establish our contract in accordance with the attached General Terms and Conditions.
Direct costs for blueprints, photocopying, mailing, mileage, overnight delivery, permit
fees, data collection fees, messenger services and report compilation are included in the
Not-To-Exceed fee. These General Terms and Conditions are expressly incorporated
into and are an integral part of this contract for professional services. It should be
emphasized that any requested meetings or additional services are not included in the
preceding fee estimate and will be billed at the attached hourly rates.
Please sign and return one copy of this agreement as an indication of acceptance and
notice to proceed. Please feel free to contact us anytime.
Sincerely,
Christopher B. Burke,Ah , , F.ASCE
President
Encl.: Schedule of Charges
General Terms and Conditions
THIS PROPOSAL, SCHEDULE OF CHARGES AND GENERAL TERMS AND
CONDITIONS ACCEPTED FOR THE VILLAGE OF BUFFALO GROVE
BY:
TITLE:
DATE:
DT0/sll
MPROPOSALSWDMIM2013\Buffalo Grove Downtown ReDevelopment P13000351BuffaloGrove_Downtown DevelopmenLrev12202013,dou
Page 5 of 5
CHRISTOPHER B. BURKE ENGINEERING, LTD.
STANDARD CHARGES FOR PROFESSIONAL SERVICES
JANUARY, 2013
Charges*
Personnel /Hr
Principal 240
Engineer VI 210
Engineer V 173
Engineer IV 138
Engineer III 125
Engineer 1/11 102
Survey V 178
Survey IV 134
Survey III 130
Survey II 100
Survey 1 78
Resource Planner V 112
Resource Planner IV 108
Resource Planner III 100
Resource Planner 1/11 88
Engineering Technician V 150
Engineering Technician IV 137
Engineering Technician III 112
Engineering Technician 1/11 97
CAD Manager 138
Assistant CAD Manager 126
CAD 11 125
CAD 1 98
GIS Specialist 111 120
GIS Specialist 1/11 67
Landscape Architect 138
Environmental Resource Specialist V 160
Environmental Resource Specialist IV 134
Environmental Resource Specialist III 114
Environmental Resource Specialist 1/11 94
Environmental Resource Technician 90
Administrative 88
Engineering Intern 53
Survey Intern 53
Information Technician III 100
Information Technician 1/11 67
Direct Costs
Outside Copies, Blueprints, Messenger, Delivery Services, Mileage Cost + 12%
*Charges include overhead and profit
Christopher B. Burke Engineering, Ltd. reserves the right to increase these rates and costs by 5%
after December 31, 2013.
CHRISTOPHER B. BURKE ENGINEERING, LTD.
GENERAL TERMS AND CONDITIONS
1. Relationship Between Engineer and Client: Christopher B. Burke Engineering, Ltd.
(Engineer) shall serve as Client's professional engineer consultant in those phases of
the Project to which this Agreement applies. This relationship is that of a buyer and
seller of professional services and as such the Engineer is an independent contractor in
the performance of this Agreement and it is understood that the parties have not entered
into any joint venture or partnership with the other. The Engineer shall not be
considered to be the agent of the Client. Nothing contained in this Agreement shall
create a contractual relationship with a cause of action in favor of a third party against
either the Client or Engineer.
Furthermore, causes of action between the parties to this Agreement pertaining to acts
of failures to act shall be deemed to have accrued and the applicable statute of
limitations shall commence to run not later than the date of substantial completion.
2. Responsibility of the Engineer: Engineer will strive to perform services under this
Agreement in accordance with generally accepted and currently recognized engineering
practices and principles, and in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing in the same
locality under similar conditions. No other representation, express or implied, and no
warranty or guarantee is included or intended in this Agreement, or in any report,
opinion, document, or otherwise.
Notwithstanding anything to the contrary which may be contained in this Agreement or
any other material incorporated herein by reference, or in any Agreement between the
Client and any other party concerning the Project,the Engineer shall not have control or
be in charge of and shall not be responsible for the means, methods, techniques,
sequences or procedures of construction,or the safety,safety precautions or programs
of the Client,the construction contractor,other contractors or subcontractors performing
any of the work or providing any of the services on the Project. Nor shall the Engineer
be responsible for the acts or omissions of the Client, or for the failure of the Client,any
architect,engineer, consultant, contractor or subcontractor to carry out their respective
responsibilities in accordance with the Project documents,this Agreement or any other
agreement concerning the Project. Any provision which purport's to amend this provision
shall be without effect unless it contains a reference that the content of this condition is
expressly amended for the purposes described in such amendment and is signed by the
Engineer.
3. Changes: Client reserves the right by written change order or amendment to make
changes in requirements, amount of work, or engineering time schedule adjustments,
and Engineer and Client shall negotiate appropriate adjustments acceptable to both
parties to accommodate any changes, if commercially possible.
4. Suspension of Services: Client may, at any time, by written order to Engineer
(Suspension of Services Order)require Engineer to stop all, or any part, of the services
required by this Agreement. Upon receipt of such an order, Engineer shall immediately
comply with its terms and take all reasonable steps to minimize the costs associated
with the services affected by such order. Client, however, shall pay all costs incurred by
the suspension, including all costs necessary to maintain continuity and for the
1
resumptions of the services upon expiration of the Suspension of Services Order.
Engineer will not be obligated to provide the same personnel employed prior to
suspension,when the services are resumed, in the event that the period of suspension
is greater than thirty (30) days.
5. Termination: This Agreement may be terminated by either party upon thirty (30) days
written notice in the event of substantial failure by the other party to perform in
accordance with the terms hereof through no fault of the terminating party. This
Agreement may be terminated by Client, under the same terms, whenever Client shall
determine that termination is in its best interests. Cost of termination, including salaries,
overhead and fee, incurred by Engineer either before or after the termination date shall
be reimbursed by Client.
6. Documents Delivered to Client: Drawings,specifications, reports,and any other Project
Documents prepared by Engineer in connection with any or all of the services furnished
hereunder shall be delivered to the Client for the use of the Client. Engineer shall have
the right to retain originals of all Project Documents and drawings for its files.
Furthermore, it is understood and agreed that the Project Documents such as, but not
limited to reports, calculations, drawings, and specifications prepared for the Project,
whether in hard copy or machine readable form,are instruments of professional service
intended for one-time use in the construction of this Project. These Project Documents
are and shall remain the property of the Engineer. The Client may retain copies,
including copies stored on magnetic tape or disk, for information and reference in
connection with the occupancy and use of the Project.
When and if record drawings are to be provided by the Engineer,Client understands that
information used in the preparation of record drawings is provided by others and
Engineer is not responsible for accuracy, completeness, nor sufficiency of such
information. Client also understands that the level of detail illustrated by record
drawings will generally be the same as the level of detail illustrated by the design
drawing used for project construction. If additional detail is requested by the Client to be
included on the record drawings, then the Client understands and agrees that the
Engineer will be due additional compensation for additional services.
It is also understood and agreed that because of the possibility that information and data
delivered in machine readable form may be altered,whether inadvertently or otherwise,
the Engineer reserves the right to retain the original tapes/disks and to remove from
copies provided to the Client all identification reflecting the involvement of the Engineer
in their preparation. The Engineer also reserves the right to retain hard copy originals of
all Project Documentation delivered to the Client in machine readable form, which
originals shall be referred to and shall govern in the event of any inconsistency between
the two.
The Client understands that the automated conversion of information and data from the
system and format used by the Engineer to an alternate system or format cannot be
accomplished without the introduction of inexactitudes, anomalies, and errors. In the
event Project Documentation provided to the Client in machine readable form is so
converted,the Client agrees to assume all risks associated therewith and,to the fullest
2
extent permitted by law,to hold harmless and indemnify the Engineer from and against
all claims, liabilities, losses, damages, and costs, including but not limited to attorney's
fees, arising therefrom or in connection therewith.
The Client recognizes that changes or modifications to the Engineer's instruments of
professional service introduced by anyone other than the Engineer may result in adverse
consequences which the Engineer can neither predict nor control. Therefore, and in
consideration of the Engineer's agreement to deliver its instruments of professional
service in machine readable form, the Client agrees, to the fullest extent permitted by
law,to hold harmless and indemnify the Engineer from and against all claims, liabilities,
losses,damages,and costs, including but not limited to attorney's fees,arising out of or
in any way connected with the modification, misinterpretation, misuse, or reuse by
others of the machine readable information and data provided by the Engineer under
this Agreement. The foregoing indemnification applies,without limitation,to any use of
the Project Documentation on other projects, for additions to this Project, or for
completion of this Project by others, excepting only such use as may be authorized, in
writing, by the Engineer.
7. Reuse of Documents: All Project Documents including but not limited to reports,
opinions of probable costs,drawings and specifications furnished by Engineer pursuant
to this Agreement are intended for use on the Project only. They cannot be used by
Client or others on extensions of the Project or any other project. Any reuse, without
specific written verification or adaptation by Engineer, shall be at Client's sole risk, and
Client shall indemnify and hold harmless Engineer from all claims,damages,losses,and
expenses including attorney's fees arising out of or resulting therefrom.
The Engineer shall have the right to include representations of the design of the Project,
including photographs of the exterior and interior,among the Engineer's promotional and
professional materials. The Engineer's materials shall not include the Client's
confidential and proprietary information if the Client has previously advised the Engineer
in writing of the specific information considered by the Client to be confidential and
proprietary.
8. Standard of Practice: The Engineer will strive to conduct services under this agreement
in a manner consistent with that level of care and skill ordinarily exercised by members
of the profession currently practicing in the same locality under similar conditions as of
the date of this Agreement.
9. Compliance With Laws: The Engineer will strive to exercise usual and customary
professional care in his/her efforts to comply with those laws, codes, ordinance and
regulations which are in effect as of the date of this Agreement.
With specific respect to prescribed requirements of the Americans with Disabilities Act of
1990 or certified state or local accessibility regulations(ADA),Client understands ADA is
a civil rights legislation and that interpretation of ADA is a legal issue and not a design
issue and, accordingly, retention of legal counsel (by Client) for purposes of
interpretation is advisable. As such and with respect to ADA,Client agrees to waive any
action against Engineer,and to indemnify and defend Engineer against any claim arising
from Engineer's alleged failure to meet ADA requirements prescribed.
3
Further to the law and code compliance, the Client understands that the Engineer will
strive to provide designs in accordance with the prevailing Standards of Practice as
previously set forth, but that the Engineer does not warrant that any reviewing agency
having jurisdiction will not for its own purposes comment, request changes and/or
additions to such designs. In the event such design requests are made by a reviewing
agency, but which do not exist in the form of a written regulation, ordinance or other
similar document as published by the reviewing agency, then such design changes (at
substantial variance from the intended design developed by the Engineer), if effected
and incorporated into the project documents by the Engineer, shall be considered as
Supplementary Task(s) to the Engineer's Scope of Service and compensated for
accordingly.
10. Indemnification: Engineer shall indemnify and hold harmless Client up to the amount of
this contract fee(for services)from loss or expense,including reasonable attorney's fees
for claims for personal injury(including death)or property damage to the extent caused
by the sole negligent act, error or omission of Engineer.
Client shall indemnify and hold harmless Engineer under this Agreement, from loss or
expense, including reasonable attorney's fees,for claims for personal injuries(including
death)or property damage arising out of the sole negligent act,error omission of Client.
In the event of joint or concurrent negligence of Engineer and Client,each shall bear that
portion of the loss or expense that its share of the joint or concurrent negligence bears to
the total negligence (including that of third parties),which caused the personal injury or
property damage.
Engineer shall not be liable for special, incidental or consequential damages, including,
but not limited to loss of profits, revenue, use of capital, claims of customers, cost of
purchased or replacement power, or for any other loss of any nature,whether based on
contract,tort, negligence,strict liability or otherwise, by reasons of the services rendered
under this Agreement.
11. Opinions of Probable Cost: Since Engineer has no control over the cost of labor,
materials or equipment, or over the Contractor(s) method of determining process, or
over competitive bidding or market conditions, his/her opinions of probable Project
Construction Cost provided for herein are to be made on the basis of his/her experience
and qualifications and represent his/her judgement as a design professional familiar with
the construction industry, but Engineer cannot and does not guarantee that proposal,
bids or the Construction Cost will not vary from opinions of probable construction cost
prepared by him/her. If prior to the Bidding or Negotiating Phase, Client wishes greater
accuracy as to the Construction Cost, the Client shall employ an independent cost
estimator Consultant for the purpose of obtaining a second construction cost opinion
independent from Engineer.
12. Governing Law & Dispute Resolutions: This Agreement shall be governed by and
construed in accordance with Articles previously set forth by(Item 9 of)this Agreement,
together with the laws of the State of Illinois.
4
Any claim, dispute or other matter in question arising out of or related to this Agreement,
which can not be mutually resolved by the parties of this Agreement, shall be subject to
mediation as a condition precedent to arbitration (if arbitration is agreed upon by the
parties of this Agreement) or the institution of legal or equitable proceedings by either
party. If such matter relates to or is the subject of a lien arising out of the Engineer's
services, the Engineer may proceed in accordance with applicable law to comply with
the lien notice or filing deadlines prior to resolution of the matter by mediation or by
arbitration.
The Client and Engineer shall endeavor to resolve claims,disputes and other matters in
question between them by mediation which, unless the parties mutually agree otherwise,
shall be in accordance with the Construction Industry Mediation Rules of the American
Arbitration Association currently in effect. Requests for mediation shall be filed in writing
with the other party to this Agreement and with the American Arbitration Association.
The request may be made concurrently with the filing of a demand for arbitration but, in
such event, mediation shall proceed in advance of arbitration or legal or equitable
proceedings,which shall be stayed pending mediation for a period of 60 days from the
date of filing, unless stayed for a longer period by agreement of the parties or court
order.
The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in the place where the Project is located, unless another location is
mutually agreed upon. Agreements reached in mediation shall be enforceable as
settlement agreements in any court having jurisdiction thereof.
13. Successors and Assigns: The terms of this Agreement shall be binding upon and inure
to the benefit of the parties and their respective successors and assigns: provided,
however, that neither party shall assign this Agreement in whole or in part without the
prior written approval of the other.
14. Waiver of Contract Breach: The waiver of one party of any breach of this Agreement or
the failure of one party to enforce at any time, or for any period of time, any of the
provisions hereof, shall be limited to the particular instance, shall not operate or be
deemed to waive any future breaches of this Agreement and shall not be construed to
be a waiver of any provision, except for the particular instance.
15. Entire Understanding of Agreement: This Agreement represents and incorporates the
entire understanding of the parties hereto, and each party acknowledges that there are
no warranties, representations, covenants or understandings of any kind, matter or
description whatsoever, made by either party to the other except as expressly set forth
herein. Client and the Engineer hereby agree that any purchase orders, invoices,
confirmations, acknowledgments or other similar documents executed or delivered with
respect to the subject matter hereof that conflict with the terms of the Agreement shall
be null,void &without effect to the extent they conflict with the terms of this Agreement.
16. Amendment: This Agreement shall not be subject to amendment unless another
instrument is duly executed by duly authorized representatives of each of the parties and
entitled "Amendment of Agreement".
5
17. Severability of Invalid Provisions: If any provision of the Agreement shall be held to
contravene or to be invalid under the laws of any particular state, county or jurisdiction
where used,such contravention shall not invalidate the entire Agreement, but it shall be
construed as if not containing the particular provisions held to be invalid in the particular
state, country or jurisdiction and the rights or obligations of the parties hereto shall be
construed and enforced accordingly.
18. Force Maieure: Neither Client nor Engineer shall be liable for any fault or delay caused
by any contingency beyond their control including but not limited to acts of God, wars,
strikes,walkouts,fires, natural calamities,or demands or requirements of governmental
agencies.
19. Subcontracts: Engineer may subcontract portions of the work, but each subcontractor
must be approved by Client in writing.
20. Access and Permits: Client shall arrange for Engineer to enter upon public and private
property and obtain all necessary approvals and permits required from all governmental
authorities having jurisdiction over the Project. Client shall pay costs (including
Engineer's employee salaries, overhead and fee) incident to any effort by Engineer
toward assisting Client in such access, permits or approvals, if Engineer perform such
services.
21. Designation of Authorized Representative: Each party (to this Agreement) shall
designate one or more persons to act with authority in its behalf in respect to appropriate
aspects of the Project. The persons designated shall review and respond promptly to all
communications received from the other party.
22. Notices: Any notice or designation required to be given to either party hereto shall be in
writing, and unless receipt of such notice is expressly required by the terms hereof shall
be deemed to be effectively served when deposited in the mail with sufficient first class
postage affixed, and addressed to the party to whom such notice is directed at such
party's place of business or such other address as either party shall hereafter furnish to
the other party by written notice as herein provided.
23. Limit of Liability: The Client and the Engineer have discussed the risks, rewards, and
benefits of the project and the Engineer's total fee for services. In recognition of the
relative risks and benefits of the Project to both the Client and the Engineer, the risks
have been allocated such that the Client agrees that to the fullest extent permitted by
law,the Engineer's total aggregate liability to the Client for any and all injuries, claims,
costs, losses, expenses,damages of any nature whatsoever or claim expenses arising
out of this Agreement from any cause or causes, including attorney's fees and costs,
and expert witness fees and costs, shall not exceed the total Engineer's fee for
professional engineering services rendered on this project as made part of this
Agreement. Such causes included but are not limited to the Engineer's negligence,
errors, omissions, strict liability or breach of contract. 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.
6
24. Client's Responsibilities: The Client agrees to provide full information regarding
requirements for and about the Project, including a program which shall set forth the
Client's objectives, schedule, constraints, criteria, special equipment, systems and site
requirements.
The Client agrees to furnish and pay for all legal,accounting and insurance counseling
services as may be necessary at any time for the Project, including auditing services
which the Client may require to verify the Contractor's Application for Payment or to
ascertain how or for what purpose the Contractor has used the money paid by or on
behalf of the Client.
The Client agrees to require the Contractor, to the fullest extent permitted by law, to
indemnify, hold harmless,and defend the Engineer, its consultants,and the employees
and agents of any of them from and against any and all claims, suits, demands,
liabilities, losses, damages, and costs ("Losses"), including but not limited to costs of
defense, arising in whole or in part out of the negligence of the Contractor, its
subcontractors,the officers, employees, agents, and subcontractors of any of them, or
anyone for whose acts any of them may be liable, regardless of whether or not such
Losses are caused in part by a party indemnified hereunder. Specifically excluded from
the foregoing are Losses arising out of the preparation or approval of maps, drawings,
opinions, reports,surveys,change orders,designs,or specifications,and the giving of or
failure to give directions by the Engineer,its consultants,and the agents and employees
of any of them, provided such giving or failure to give is the primary cause of Loss. The
Client also agrees to require the Contractor to provide to the Engineer the required
certificate of insurance.
The Client further agrees to require the Contractor to name the Engineer, its agents and
consultants as additional insureds on the Contractor's policy or policies of
comprehensive or commercial general liability insurance. Such insurance shall include
products and completed operations and contractual liability coverages,shall be primary
and noncontributing with any insurance maintained by the Engineer or its agents and
consultants,and shall provide that the Engineer be given thirty days, unqualified written
notice prior to any cancellation thereof.
In the event the foregoing requirements, or any of them, are not established by the
Client and met by the Contractor,the Client agrees to indemnify and hold harmless the
Engineer, its employees, agents, and consultants from and against any and all Losses
which would have been indemnified and insured against by the Contractor, but were not.
When Contract Documents prepared under the Scope of Services of this contract
require insurance(s) to be provided, obtained and/or otherwise maintained by the
Contractor, the Client agrees to be wholly responsible for setting forth any and all such
insurance requirements. Furthermore, any document provided for Client review by the
Engineer under this Contract related to such insurance(s)shall be considered as sample
insurance requirements and not the recommendation of the Engineer. Client agrees to
have their own risk management department review any and all insurance requirements
for adequacy and to determine specific types of insurance(s) required for the project.
Client further agrees that decisions concerning types and amounts of insurance are
7
specific to the project and shall be the product of the Client. As such, any and all
insurance requirements made part of Contract Documents prepared by the Engineer are
not to be considered the Engineer's recommendation,and the Client shall make the final
decision regarding insurance requirements.
25. Information Provided by Others: The Engineer shall indicate to the Client the
information needed for rendering of the services of this Agreement. The Client shall
provide to the Engineer such information as is available to the Client and the Client's
consultants and contractors,and the Engineer shall be entitled to rely upon the accuracy
and completeness thereof. The Client recognizes that it is impossible for the Engineer
to assure the accuracy, completeness and sufficiency of such information, either
because it is impossible to verify, or because of errors or omissions which may have
occurred in assembling the information the Client is providing. Accordingly, the Client
agrees,to the fullest extent permitted by law,to indemnify and hold the Engineer and the
Engineer's subconsultants harmless from any claim, liability or cost (including
reasonable attorneys' fees and cost of defense) for injury or loss arising or allegedly
arising from errors, omissions or inaccuracies in documents or other information
provided by the Client to the Engineer.
26. Payment: Client shall be invoiced once each month for work performed during the
preceding period. Client agrees to pay each invoice within thirty(30)days of its receipt.
The client further agrees to pay interest on all amounts invoiced and not paid or objected
to for valid cause within said thirty (30) day period at the rate of eighteen (18) percent
per annum (or the maximum interest rate permitted under applicable law, whichever is
the lesser) until paid. Client further agrees to pay Engineer's cost of collection of all
amounts due and unpaid after sixty (60) days, including court costs and reasonable
attorney's fees, as well as costs attributed to suspension of services accordingly and as
follows:
Collection Costs. In the event legal action is necessary to enforce the payment
provisions of this Agreement, the Engineer shall be entitled to collect from the
Client any judgement or settlement sums due, reasonable attorneys'fees, court
costs and expenses incurred by the Engineer in connection therewith and, in
addition, the reasonable value of the Engineer's time and expenses spent in
connection with such collection action,computed at the Engineer's prevailing fee
schedule and expense policies.
Suspension of Services. If the Client fails to make payments when due or
otherwise is in breach of this Agreement, the Engineer may suspend
performance of services upon five (5) calendar days' notice to the Client. The
Engineer shall have no liability whatsoever to the Client for any costs or damages
as a result of such suspension caused by any breach of this Agreement by the
Client. Client will reimburse Engineer for all associated costs as previously set
forth in (Item 4 of) this Agreement.
27. When construction observation tasks are part of the service to be performed by the
Engineer under this Agreement, the Client will include the following clause in the
construction contract documents and Client agrees not to modify or delete it:
8
Kotecki Waiver. Contractor(and any subcontractor into whose subcontract this
clause is incorporated)agrees to assume the entire liability for all personal injury
claims suffered by its own employees, including without limitation claims under
the Illinois Structural Work Act, asserted by persons allegedly injured on the
Project; waives any limitation of liability defense based upon the Worker's
Compensation Act, court interpretations of said Act or otherwise; and to the
fullest extent permitted by law, agrees to indemnify and hold harmless and
defend Owner and Engineer and their agents, employees and consultants (the
"Indemnitees") from and against all such loss, expense, damage or injury,
including reasonable attorneys' fees, that the Indemnitees may sustain as a
result of such claims,except to the extent that Illinois law prohibits indemnity for
the Indemnitees'own negligence. The Owner and Engineer are designated and
recognized as explicit third party beneficiaries of the Kotecki Waiver within the
general contract and all subcontracts entered into in furtherance of the general
contract.
28. Job Site Safety/Supervision & Construction Observation: The Engineer shall neither
have control over or charge of, nor be responsible for,the construction means,methods,
techniques, sequences of procedures, or for safety precautions and programs in
connection with the Work since they are solely the Contractor's rights and
responsibilities.The Client agrees that the Contractor shall supervise and direct the work
efficiently with his/her best skill and attention; and that the Contractor shall be solely
responsible for the means, methods, techniques, sequences and procedures of
construction and safety at the job site. The Client agrees and warrants that this intent
shall be carried out in the Client's contract with the Contractor.The Client further agrees
that the Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the work; and that the Contractor
shall take all necessary precautions for the safety of, and shall provide the necessary
protection to prevent damage, injury or loss to all employees on the subject site and all
other persons who may be affected thereby. The Engineer shall have no authority to
stop the work of the Contractor or the work of any subcontractor on the project.
When construction observation services are included in the Scope of Services, the
Engineer shall visit the site at intervals appropriate to the stage of the Contractor's
operation, or as otherwise agreed to by the Client and the Engineer to: 1) become
generally familiar with and to keep the Client informed about the progress and quality of
the Work; 2) to strive to bring to the Client's attention defects and deficiencies in the
Work and; 3) to determine in general if the Work is being performed in a manner
indicating that the Work, when fully completed, will be in accordance with the Contract
Documents. However, the Engineer shall not be required to make exhaustive or
continuous on-site inspections to check the quality or quantity of the Work. If the Client
desires more extensive project observation, the Client shall request that such services
be provided by the Engineer as Additional and Supplemental Construction Observation
Services in accordance with the terms of this Agreement.
The Engineer shall not be responsible for any acts or omissions of the Contractor,
subcontractor, any entity performing any portions of the Work, or any agents or
employees of any of them. The Engineer does not guarantee the performance of the
9
Contractor and shall not be responsible for the Contractor's failure to perform its Work in
accordance with the Contract Documents or any applicable laws, codes, rules or
regulations.
When municipal review services are included in the Scope of Services, the Engineer
(acting on behalf of the municipality), when acting in good faith in the discharge of its
duties, shall not thereby render itself liable personally and is, to the maximum extent
permitted by law, relieved from all liability for any damage that may accrue to persons or
property by reason of any act or omission in the discharge of its duties.Any suit brought
against the Engineer which involve the acts or omissions performed by it in the
enforcement of any provisions of the Client's rules, regulation and/or ordinance shall be
defended by the Client until final termination of the proceedings. The Engineer shall be
entitled to all defenses and municipal immunities that are, or would be, available to the
Client.
29. Insurance and Indemnification: The Engineer and the Client understand and agree that
the Client will contractually require the Contractor to defend and indemnify the Engineer
and/or any subconsultants from any claims arising from the Work.The Engineer and the
Client further understand and agree that the Client will contractually require the
Contractor to procure commercial general liability insurance naming the Engineer as an
additional named insured with respect to the work. The Contractor shall provide to the
Client certificates of insurance evidencing that the contractually required insurance
coverage has been procured. However,the Contractor's failure to provide the Client with
the requisite certificates of insurance shall not constitute a waiver of this provision by the
Engineer.
The Client and Engineer waive all rights against each other and against the Contractor
and consultants, agents and employees of each of them for damages to the extent
covered by property insurance during construction. The Client and Engineer each shall
require similar waivers from the Contractor,consultants,agents and persons or entities
awarded separate contracts administered under the Client's own forces.
30. Hazardous Materials/Pollutants: Unless otherwise provided by this Agreement, the
Engineer and Engineer's consultants shall have no responsibility for the discovery,
presence, handling, removal or disposal of or exposure of persons to hazardous
materials/pollutants in any form at the Project site, including but not limited to
mold/mildew, asbestos, asbestos products, polychlorinated biphenyl (PCB) or other
toxic/hazardous/pollutant type substances.
Furthermore, Client understands that the presence of mold/mildew and the like are
results of prolonged or repeated exposure to moisture and the lack of corrective action.
Client also understands that corrective action is a operation, maintenance and repair
activity for which the Engineer is not responsible.
June 13, 2005
PAProposals\Terms and Conditions\GT&C 2005.061305.doc
10
(Emil
TESTING SERVICE CORPORATION
Local Office Local Office:
May 28, 2013 457 E.Gundersen Drive,Carol Stream,IL 60188-2492
630.653.3920 • Fax 630.653.2726
Coipoiwte Office:
Mr. Daniel Stevens 360 S,Main Place,Carol Stream,IL 60188-2404
Spaceco, Inc. 630.462.2600 • Fax630.653.2988
9575 W. Higgins Road, Suite 700
Rosemont, Illinois 60018
RE: P.N. 51,023
Geotechnical Exploration
Mixed-Use Development
Buffalo Grove Golf Club
Lake Cook Road
Buffalo Grove, Illinois
Dear Mr. Stevens:
Testing Service Corporation (TSC) is pleased to submit this proposal to provide Geotechnical
Engineering Services for the above captioned project. It responds to your email dated May 28, 2013
and related telephone conversation. The objectives of the Geotechnical Study are to explore
subsurface conditions and provide preliminary recommendations for foundation, floor slab and
pavement design in connection with the proposed mixed-use development.
Project Description:
Our understanding of the existing site conditions and proposed construction are as follow:
• A mixed-use development is being proposed to create a central business (downtown)
district in the Village of Buffalo Grove. It encompasses the eastern half of Buffalo
Grove Golf Club as well as the adjoining Village Campus. These properties lie north of
Lake Cook Road near its intersection with Raupp Boulevard.
• The 65-acre mixed-use development is to contain a new municipal campus, retail
stores, upper-story residences as well as condominium towers. Public gathering
places, cultural amenities and ancillary site improvements are also planned.
• The golf club currently encompasses approximately 130 acres. Buffalo Creek and a
tributary bisect the property, along which several ponds are located. The site is
otherwise fairly open with trees bordering most of the fairways. It is understood that
compensatory storage for the proposed development will likely have to be provided on
the western half of the golf course.
If the location or type of the proposed structure(s) are changed, TSC should be promptly contacted to
determine the relevance of our proposed boring program to the new project configuration.
Pi'ovidbig a Fult Raiige of GeoteCJiided Euglueei'big,Eiii hwinieital Sei,vices, arid C'oustrrietio►i Aloterifds Biigh,reeitiug& Testing
Sp aceco Inc.
P.N. 51,023 - May 28, 2013
Boring Program:
As indicated on the boring exhibit prepared by Spaceco, we are proposing to drill thirty-five (35) soil
borings as part of our Geotechnical Exploration. The majority of these will be extended to 15 feet
below existing grade, with a few to be made up to 25 feet deep. Total drilling footage on this basis is
estimated to be about 600 lineal feet.
The borings are to be performed on a golf course which is currently being played. It is assumed that
the majority of them will be located between or along the sides of the fairways. No borings will be
drilled on or around the greens and tee boxes. They should otherwise not be located in standing
water, within wooded or landscaped areas, or on steeply sloping ground. All field work will be
coordinated with the golf course superintendent and his staff.
TSC will utilize personnel who are trained in layout procedures to stake the borings in the field. It is
assumed that a topographic survey will be provided of the site from which ground surface elevations
at the boring locations can be interpolated. Utility clearance for the borings will be obtained by
contacting JULIE (Joint Utility Locating Information for Excavators). Secondary and/or private
underground utility lines will have to be marked by the property owner or their agents, to include
irrigation and drainage lines for the golf course.
Soil samples will primarily be obtained by split-spoon methods, with thin-walled tubes to also be taken
if conditions dictate. Sampling will be performed at 2%-foot intervals for at least the first 15 feet and
not exceed 5-foot intervals below this level. A representative portion of the split-spoon samples will
be placed in a glass jar with screw-type lid for transportation to our laboratory. Groundwater
observations will also be made during and following completion of drilling operations, with the
boreholes to be backfilled immediately for public safety.
In accordance with the International Building Code (IBC), the Site Class for seismic design is based
on average soil properties in the top 100 feet. Where IBC 2006 or later has been enacted, Site Class
D shall be used unless site specific soils information is available. To determine whether Site Class C
is a possibility, it would be necessary to extend at least one (1) of the borings to 100' in depth (or rock
if encountered shallower), or alternatively to measure soil shear wave velocity using the SeisOpt ReMi
method. A price for SeisOpt ReMi testing is included in our Cost Estimate, to be added to our budget
if approved.
Laboratory Testing:
Samples obtained from the borings will be examined by experienced laboratory personnel in order to
verify field descriptions as well as to visually classify in accordance with the Unified Soil Classification
System. Laboratory testing will include moisture content and dry unit weight determinations as well
as measurements of unconfined compressive strength by direct or indirect methods, as appropriate.
Other tests deemed to be necessary by TSC's Project Engineer may also be recommended for your
approval.
Engineering Report:
Upon completion of drilling and testing, you will receive an engineering report summarizing field and
laboratory test data, including a boring location plan and computer generated boring logs. The report
will address anticipated soil and groundwater conditions impacting site development, based upon the
information obtained from the borings. It will also provide preliminary recommendations to guide
2
I
Spaceco, Inc.
P.N. 51,023 - May 28, 2013
design and specification preparation pertaining to geotechnical issues relevant to the structure or
purpose described in this proposal. These may include the following:
• General earthwork and construction considerations.
• Remedial work and/or treatment of unsuitable soil types.
• Fill placement and compaction requirements for foundations, floor slabs and pavements.
• Foundation type, capacity and depth/elevation.
• Protective measures required for frost action.
Fees and Scope;
In accordance with the Cost Estimate attached, TSC is proposing a not-to-exceed budget amount of
Twenty-Three Thousand Eight Hundred Dollars ($23,800.00) to provide the Geotechnical Exploration
outlined above. Our proposal is based on the understanding that: the borings will be accessible to a
conventional truck or All-Terrain Vehicle (ATV) mounted drill; none of the borings will be located in
standing water; and that the work can be performed during standard business hours. Our fee is
further subject to this proposal being accepted by you on or before June 30, 2013.
The Illinois Department of labor (IDOL.) has taken the position that Core Drilling/Soil Testing is a
covered activity under the Illinois Prevailing Wage Act (IPWA). TSC must be notified if this project is
to be funded in part or total by state or local government sources, for which it would be subject to
IPWA requirements. The unit prices provided in the attached fee schedule are meant to comply with
the IPWA.
Should the study reveal unexpected subsurface conditions requiring a change in the scope of work,
you will be contacted before we proceed with additional work. Our invoice would then based on the
unit rates given in the attached Cost Estimate or as otherwise agreed upon. While our quoted fee
does not include earthwork, fill compaction or foundation observations during the construction phase,
the project budget should include a provision for these services. Plan review, preconstruction
meetings and/or other consulting and professional services that are provided subsequent to delivery
of TSC's report would be covered by separate invoice.
TSC's geotechnical exploration does not include services to evaluate the likelihood of the site being
contaminated by hazardous materials or other pollutants. Analytical testing which would be required
in connection with IEPA Form LPC-663, Uncontaminated Soil Certification is also not included.
Should an environmental investigation and/or analytical testing be desired, please contact the
undersigned for additional details and/or associated costs.
Closure;
The Geotechnical Engineering Services being performed are subject to TSC's attached General
Conditions. Unless stated otherwise, TSC fees include all state and federal taxes that may be
required. However, they do not include any license, permit or bond fees that local governments may
impose. The local fees, if any, will be added to the invoice. Unless we receive written instructions to
the contrary, invoices will be sent to:
3
Spaceco, Inc.
P.N. 51,023 - May 28, 2013
Mr. Daniel Stevens
Spaceco, Inc.
9675 W. Higgins Road, Suite 700
Rosemont, Illinois 60018
Telephone: (847) 696-4060
Email: dstev msf,-'spareco. orn
If this proposal meets with your approval, please confirm acceptance by signing one copy and
returning it to our Carol Stream, Illinois office. It would also be helpful if you could complete the
attached Project Data form, i.e. indicate who is to receive copies of TSC's report and other related
information.
Your consideration of our proposal is appreciated. We look forward to being of service to you on this
project.
Respectfully submitted,
TESTING SERVICE CORPORATION
A
M' hael V achalinski,J �.
ice Pr ident
Enc: Cost Estimate
General Conditions
Project Data Sheet
Approved and accepted for by:
(NAME)
(TITLE)
(DATE)
i
4
Spaceco, Inc.
P.N. 51,023 - May 28, 2013
COST ESTIMATE
Geotechnical Exploration
Mix-Use Development
Buffalo Grove Golf Club
Lake Cook Road
Buffalo grove, Illinois
P.N. 51,023
ITEM UNITS QTY RATE COST
STAKING AND UTILITY CLEARANCE
Layout Person to Mark Boring Locations, Obtain Surface
1.1 Elevations and/or Arrange for Clearance of Underground Hour 9.0 110.00 $ 990.00
Utilities
1.2 Permits, Bonds and Other Direct Charges Coot + 0 0.00 $ 0.00
/o 10
DRILLING AND SAMPLING
MOBILIZATION AND DEMOBILIZATION OF DRILL RIG AND CREW
2.1 Drill Mounted on Truck Each 0 500.00 $ 0.00
2.2 Drill Mounted on All-Terrain Vehicle Each 1 750.00 $ 750.00
ADVANCE BOREHOLES BY SOLID/HOLLOWSTEM AUGER OR ROTARY WASH METHODS
2.3 0-30 Foot Depth Foot 600.0 15.00 $ 9,000,00
2.4 30-60 Foot Depth foot 0.0 20.00 $ 0.00
2.5 60- 100 Foot Depth Foot 0.0 27.50 $ 0.00
2.6 Surcharge for Hard Drilling (N z 50 bpf) Foot 0.0 5.00 $ 0.00
2.7 Surcharge for Use of ATV Drill Rig(Soft/Wet Ground) Foot NC 5.00 $ 0.00
2.8 Auger Refusal Above Planned Boring Depth Each 0 150.00 $ 0.00
SOIL SAMPLING
2.9 Split-Spoon Procedure/0-60' Each 225 20.00 $ 4,500.00
2.10 Split-Spoon Procedure/60- 100' Each 0 30.00 $ 0.00
2A 1 Thin-Walled Tube Procedure Each 0 40.00 $ 0.00
BACKFILL BOREHOLES WITH BENTONITE GROUT OR CHIPS
2.12 Small Diameter Hole(<4Yz") Feet 0.0 4.00 $ 0.00
2.13 Large Diameter Hole(>4Y.") Feet 0.0 8.00 $ 0.00
ROCK CORING
2.14 Set-up Charge(Includes Casing to 40 Feet) Each 0 500.00 $ 0.00
2.15 Set Casing Below 40 Feet Foot 0.0 15.00 $ 0.00
2.16 Core with NX Size Barrel Foot 0.0 60.00 $ 0.00
5
I
Spaceco, Inc.
P.N. 51,023 - May 28, 2013
ITEM UNITS QTY RATE COST
DRILL RIG WITH 2-MAN CREW (Travel,Standby or Obstruction Time)
2.17 Regular Time(Up to 8.0 Hours per Day) Hour 0.0 320.00 $ 0.00
2.18 Overtime(Over 8.0 Hours or Saturday) Hour 0.0 360.00 $ 0.00
DRILL CREW PREVAILING WAGE SURCHARGE
3.1 2-Person Drill Crew, Regular Time Hour 40.0 20.00 $ 800.00
(Up to 8.0 Hours per Day)
3.2 2-Person Drill Crew, Overtime Hour 5.0 30.00 $ 150.00
(Over 8.0 Hours or Saturday)
3.3 Administration Fees Sump 1 50.00 $ 50.00
LABORATORY TESTING
4.1 Examine Samples to Describe by Textural System and Each 225 4.00 $ 900.00
Classify Using the Unified Soil Classification System
4.2 Water Content Determination (Includes Pocket Each 210 7.00 $ 1,470.00
Penetrometer Reading on Cohesive Samples)
4.3 Unconfined Compressive Strength of Cohesive Soils Each 70 14.00 $ 980.00
(or Torvane Shear Strength Measurement)
4.4 Dry Unit Weight Determination Each 30 7.00 $ 210.00
4.5 Atterberg Limit Determinations Each 0 100.00 $ 0.00
4.6 Sieve Analysis with#200 Wash Each 0 90.00 $ 0.00
4.7 Sieve Analysis with Hydrometer Each 0 130.00 $ 0.00
4.8 1 Consolidation Test Each 0 600.00 $ 0.00
SEISOPT REMI TESTING
Measure Average Soil Shear Wave Velocity to 100'in Depth
5.1 by SeisOpt ReMi Method (Used to Determine IBC Site Class Each 0 1,000.00 $ 0.00
for Seismic Design)
ENGINEERING SERVICES
6.1 Prepare Geotechnical Report with Boring Logs and Location Lump 1 4,000.00 $ 4,000.00
Plan Sum
6,2 Geotechnical Engineer to Perform Special Calculations or Hour 0.0 120.00 $ 0.00
Run Slope Stability Analyses
6.3 Senior Engineer to Consult or Attend Project Meetings Hour 0.0 160.00 $ 0.00
ESTIMATED TOTAL: $23,800.00
RECOMMENDED BUDGET: $23,800.00
6
LGhENERAL CONDITIONS
Geotechnical and Construction Services
TESTING SERVICE CORPORATION
1.PARTIES AND SCOPE OF WORK: If COent Is ordering the perform same shall not in any way operate or excuse any In the event Client is unwilling or unable to limit the damages
services on behalf of another,Client represents and warrants contractor from the performance of its work in accordance for whtch TSC may be liable in accordance with the provisions
that Client is the duly authorized agent of said party for with its contract."Contractor"as used herein shall Include set forth in the preceding paragraph,upon written request
the purpose of ordering and directing said services,and in subcontractors, suppliers, architects, engineers and of Client received within five days of Client's acceptance of
such case the term"Client"shall also include the principal construction managers, TSC's proposal together with payment of an additional fee
for whom the services are being performed.Prices quoted in the amount of 5%of TSC's estimated cost for its services
and charged by TSC for its services are predicated on the Information obtained from borings,observations and analyses (to be adjusted to 5%of the amount actually billed by TSC
conditions and the allocations of risks and obligations of sample materials shall be reported in formats considered for its services on the project at time of completion),the limit
expressed in these General Conditions. Unless otherwiso appropriate by TSC unless directed otherwise by Client. on damages shall be increased to$500,000 or the amount
stated In writing,Client assumes sole responsibility for Such information Is considered evidence,but any inference of TSC's fee,whichever is the greater.This charge is not to
determining whether the quantity and the nature of the or conclusion based thereon is,necessarily,an opinion also be construed as being a charge for insurance of any type,
services ordered by Client are adequate and sufficient for based on engineering Judgment and shall not be construed but is increased consideration for the exposure to an award
Client's intended purpose. Unless otherwise expressly as a representation of fact.Subsurface conditions may not of greater damages.
assumed in writing,TSC's services are provided exclusively be uniform throughout an entire site and ground water
for client.TSC shall have no duty or obligation other than those levels may fluctuate due to climatic and other variations. 11. INDEMNITY: Subject to the provisions set forth herein,
duties and obligations expressly set forth in this Agreement. Construction materials may vary from the samples taken. TSC and Client hereby agree to indemnity and hold harmless
TSC shall have no duty to any third party. Client shall Unless othervrlse agreed€n writing,the procedures employed each other and their respective shareholders,directors,
communicate these General Conditions to each and every by TSC are not designed to detect intentional concealment officers, partners,employees,agents,subsidiaries and
party to whom the Client transmits any report prepared by or misrepresentation of facts by others. division(and each of their heirs,successors,and assigns)
TSC.Ordering services from TSC shall constitute acceptance from any and all claims,demands,liabilities,suits,causes of
ofTSC's proposal and these General Conditions. 7,DOCUMENTS AND SAMPLES: Client is granted an action,judgments,eosts and expenses,including reasonable
exclusive license to use findings and reports prepared attorneys'fees,arising,or allegedly arising,from personal
2.SCHEDULING OFSERVECES:The services set forth in this and Issued by TSC and any sub-consultants pursuant to Injury,including death,property damage,including lossofuse
Agreement wi11be accomplished ina timely and workmanllke this Agreement for the purpose set forth in TSC's proposal thereof,due€nany manner to the negligence of either of them
manner.It TSC is required to delay any part of its services provided that TSC has received payment in full for its or their agents or employees or independent contractors.in
to accommodate the requests or requirements of Client, services.TSC and,if applicable,its sub-consultant,retain the event both TSC and Client are found to be negligent or
regulatory agencies,or third parties,or due to any cause all copyright and ownership interests in the reports,boring at fault,then any liability shall be apportioned between them
beyond Its reasonable control,Client agrees to pay such logs,maps,field data,field notes,laboratory test data and pursuant to their pro rate share of negligence orfauit.TSC and
additional charges,if any,as may be applicable. similar documents,and the ownership and freedom to use Client further agree that their liability to any third party shall,
all data generated by It for any purpose.Unless otherwise to the extent permitted by law,be several and not joint.The
3.ACCESS TO SITE; TSC shall take reasonable measures agreed in writing,test specimens or samples will be liability of TSC under this provision shall not exceed the policy
and precautions to minimize damage to the site and any disposed Immediately upon completion of the test.All drilling limits of insurance carried by TSC.Neither TSC nor Client
Improvements located thereon as a result of its services or samples or specimens will be disposed sixty(60)days after shall be bound under this indemnity agreement to liability
the use of its equipment;however,TSC has not included in submission of TSC's report, determined In a proceeding in which it did not participate
its fee the cost of restoration of damage which may occur.If represented by its own Independent counsel.The indemnities
Client desires or requires TSC to restore the site to Its former B.TERMINAT[ON:TSC's obligation to provide services may be provided hereunder shall not terminate upon the termination
condition,TSC wiii,upon written request, perform such terminated by either party upon(7)seven days prior written or expiration of this Agreement,but may be modified to the
additional work as Is necessary to do so and Client agrees notice. In the event of termination of TSC's services,TSC extent of any waiver of subrogation agreed to by TSC and
to pay to TSC the cost thereof plus TSC's normal markup for shall be compensated by Client for all services performed up paid for by Client.
overhead and profit. to and Including the termination date,including reimbursable
expenses.The terms and conditions of these General 12.SUBPOENAS:TSC s employees shall not be retained as
4.CLIENT'S DUTY TO NOTIFY ENGINEER:Client represents Conditions shall survive the termination of TSC's obligation expert witnesses except by separate,written agreement,
and warrants that Client has advised TSC of any known or to provide services. Client agrees to pay TSC pursuant to TSC s than current feo
suspected hazardous materials,utility lines and underground schedule for any TSC employees)subpoenaed by any party
structures at any site at which TSC is to perform services 9,PAYMENT;Client shall be invoiced periodically forservices as an occurrence witness as a result of TSC's services.
under this Agreement,Unless otherwise agreed in writing, performed.Cllentagroosto pay each Invoice within thirty(30)
TSC's responsibility with respect to underground utility days of its receipt.Client further agrees to pay Interest on 13. OTHER AGREEMENTS:TSC shall not be bound by
locations is to contact the Illinois Joint Utility Locating all amounts invoiced and not paid or objected to in writing any provision or agreement(i) requiring or providing for
Information for Excavators for the location of public,but not for valid cause within sixty(60)days at the rate of tw4ve arbitration of disputes or controversies arising out of this
private,utilities. (12%)per annum(or the maximum interest rate permitted by Agreement or its performance,(i) wherein TSC waives any
applicable law,whichever Is the lesser)until paid and TSC's rights to a mechanics lien or surety bond claim;(III)that
5,DISCOVERY OF POLLUTANTS:TSC's services shall not casts of collection of such accounts,including court costs conditions TSC's right to receive payment for its services
include investigation for hazardous materials as defined by and reasonable attorney's fees. upon payment to Client by any third party or(Jv)that requires
the Resource Conservatlon Recovery Act,42 U,S.C.§6901, TSC to indemnify any party beyond its own negligence These
at,seq.,as amended("RCRA")or by any state or Federal 10.WARRANTY: TSC's professional services will be General Conditions are notice,where required,that TSC shall
statute or regulation. In the event that hazardous materials performed,its findings obtained and its reports prepared file a lion whenever necessary to collect past due amounts.
are discovered and identified by TSC,TSC's sole duty shall In accordance with these General Conditions and with This Agreement contains the entire understanding between
be to notify Client. generally accepted principles and practices.In performing its the parties.Unless expressly accepted by TSC in writing
professional serv€ces,TSGWII use thatdegreeofine and skill prior to delivery of TSC's services,Client shall not add any
6. MONITORING: If this Agreement includes testing ordinarily exercised under similar circumstancesbymembers conditions or impose conditions which are in conflict with
construction materials orobserv€nganyaspectofconstruction of its profession.In performing physical work in pursuit of those contained herein,and no such additional or conflicting
of improvements, Client's construction personnel will its professional services,TSC will use that degree of care terms shall be binding upon TSC.The unenforceabil€ty or
verify that the pad is properly located and sized to meet and skill ordinarily used under similar circumstances.This Invalidity of any provision or provisions shall not render any
Client's projected building loads. Client shall cause all warranty is in lieu of all other warranties or representations, other provision or provisions unenforceable or invalid.This
tests and inspections of the site,materials and work to either express or implied.Statements made in TSC reports Agreement shall be construed and enforced in accordance
be tlmoly and properly performed in accordance with are opinions based upon engineering judgment and are not with the laws of the State of Illinois.in the event of a dispute
the plans,specifications,contract documents,and TSC's to be construed as representations of fact. arising out of or relating tothe performance of thisAgreement,
recommendations. No claims for loss,damage or injury the breach thereof or TSC's services,the parties agree to
shall be brought against TSC unless all tests and inspections Should TSC or any of its employees be found to have been try in good faith to settle the dispute.by mediation under
have been so performed and unlessTSC'srecommendations negligent in performing professional servicesor to have made the Construction Industry Mediation Rules of the American
have been followed. and breached any express or implied warranty,representation Arbitration Association asa condition precedent tofilingany
or contract,Client,all parties claiming through Client and demand for arbitration,or any petition or complaint with any
TSC's services shall not include determining or Implementing all parties claiming to have in any way relied upon TSC's court.Paragraph hea&gs are for convenience onlyand shall
the means,methods,techniques or procedures of work services or work agree that the maximum aggregate amount not be construed as limiting the meaning of the provisions
done by the contractor(s)being monitored or whose work Is of damages for which TSC,Its officers,employees and agents contained in these General Conditions.
being tested. TSC's services shall not include the authority shall be liable is limited to$50,000 or the total amount of
to accept or reject work or to in any manner supervise the fee paid to TSC for Its services performed with respect
the work of any contractor.TSC's services or failure to to the project,whichever amount is greater. aev ON&
Project Data Sheet
TESTING SERVICE CORPORATION Distribute Reports as Follows:
General Information: name:
Project Name: _ Company:
Project Address: _._ Address:
City/State/Zip; __. . ........... City/State/Zip:
Project Manager: ......................- _..._....... E-Mail:
E-Mail: -- ._. Telephone:
Telephone: _ ....-. -.-----_._.._. Fax:
Fax:
Site contact: Name:
E-Mail: —_. Company:
Telephone:__-- -- - Ad€irow
Fax: City I State I Zlp:
E-Mail:
Send Invoice To: Telephone:
Purchase Order Number: Fax:
Attention:
Company: Name:
Address: Company: --
City/State/Zip: Address:
E-Mall: City I State I Zip:
Telephono: -- - - E-%I:
Fax: - Telephone:
Important Notes., Fax:
Name:
Company:
Address:
Completed By. City/State I Zip:
Signature, E-Mall:
Name: Telephone:
Date: Fax:
REWEb Ganz GraPhle�risjo x�w.GVpromolesU.com•Info�GVpmmotesU.com•630.682.9268
Award of Contract: Dropzone Portable Services Inc. for
2014 Buffalo Grove Days Portable Restroom Rental and 13-A
Service.
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
.....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Budget Impact Fund/Account Budget Notes
$52,000 100.30.525.10
Overview
Staff sought proposals for portable restrooms for Buffalo Grove Days 2014 in December of last year.
After a review of the proposal documents, reference checks and overall cost comparison staff
recommends Drop Zone Portable Services Inc. be awarded the contract for 2014 Buffalo Grove Days
Portable Restroom Rental and Service.
Drop Zone is the low proposer with a five year fixed rate of$10,400 per year and a total five year cost of
$52,000. The Contract is a one year contract with four possible one-year extensions. Staff will monitor
the vendor's performance and will report back to the Village Board with a recommendation to either
extend or cancel the contract on an annual basis.
Staff has contacted references for the vendor and all responses were very positive.
Attachments
Porta Poties 2014 Tab.pdf
Trustee Liaison Staff Contact
Trustee Sussman Brett Robinson,
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Authorization to Waive Bids and Award Contract- 2014 13-B
Sidewalk Cutting
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
.....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Budget Impact Fund/Account Budget Notes
$34,995 100.55.10.535.05
Overview
The Village has contracted with Safe Step, L.L.C. for the last four years to provide proprietary sidewalk
cutting services to eliminate trip hazards in compliance with ADA Standards. The Villages of
Schaumburg, Vernon Hills and Libertyville have also used this company and have confirmed that there
are no known competing vendors for this work.
Staff estimates that the proposed area of the Village to be worked on this year would have approximately
$35,000 of sidewalk suitable for correction by this method. As background,the project in 2013 included
291 cuts at an average cost of$51.81 per cut, as compared to $96.52 for replacement.
A bid waiver is requested as there are no known competitors to the current provider. Staff recommends
that bids be waived and the Village Manager be authorized to execute the attached contract.
Attachments
Safe Step Buffalo Grove 2014 proposal.pdf
Trustee Liaison Staff Contact
Trustee Stein Mark A Biederwolf,
....M.on.da............Fe.bruarY
.............3......2.0.1.4.........................................................................................................NeW...B.us.'.Hess...._...Ite.m........1.3._B...................................................................................................................................
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Wednesday,January 15,2104
Mr.Mark Biederwolf
Village of Buffalo Grove
51 Raupp Blvd.
Buffalo Grove,IL 60089
Mr.Mark Biederwolf
Thank you for your interest in our company. Safe Step LLC proposes a trip hazard removal program with the Village of Buffalo
Grove based on the following:
The Village of Buffalo Grove will provide:
1. Identification or the criteria to be used in determining each trip hazard to be removed.
2. Street locations included in the project scope.
3. Prioritization of street locations included in the project scope.
Safe Step LLC will provide:
1. ADA compliant saw-cut removal of identified or criteria matched trip hazards in areas directed by the Village of
Buffalo Grove.
2. A detailed invoice listing the address or location,dimensions,size in inch-feet,and the cost of each cut made. The
inch-feet measurement shall be determined by finding the average of the displacement of the trip hazard in inches
multiplied by the length of the cut in feet. An inch-feet measurement will be provided for each trip hazard.
3. An orderly procession through the work area based on the prioritization of the Buffalo Grove and will cease work when
the budget limit is reached.
4. Certified payroll records to the Village of Buffalo Grove when the project is completed that will be fully compliant with
the requirements of the Illinois Prevailing Wage Act
5. Rob Strauss will be the superintendent in charge of this project.
Project Financial Parameters:
1. The total budget of the project will not exceed$34,995.00.
2. The Village of Buffalo Grove will pay at a rate of$26.25 per inch-foot cut.
3. Safe Step will cap the price of an individual trip hazard to the following:$64.95 for a 4'wide sidewalk
$79.95 for a 5'wide sidewalk
Safe Step LLC will accept full responsibility for any project cost overage,provided that the scope of the project is not altered
once the project begins. However,any Village of Buffalo Grove requested change in scope that might place the project in
jeopardy,will be fully discussed with and approved by the Village of Buffalo Grove prior to the start of the work on the revised
project area.
If this proposal is acceptable,please sign,date,and return a copy to the address listed below.
Sincerely,
Rob Strauss Authorizing Acceptance of Proposal
Illinois Regional Manager
PO Box 411
Hortonville,WI 54944 Project Proposal:#140115
920-540-7414
VILLAGE OF BUFFALO GROVE WARRANT #1225
3-Feb-14
General Fund: 510,564.13
Illinois Municipal Retirement Fund: 0.00
Parking Lot Fund: 1,614.20
Motor Fuel Tax Fund: 580,198.30
School & Park Donations 0.00
Capital Projects-Facilities: 22,420.25
Capital Projects-Streets: 75,369.44
Health Insurance Fund: 1,056.74
Facilities Development Debt Service Fund: 0.00
Retiree Health Savings (RHS): 81,886.18
Water Fund: 25,682.05
Buffalo Grove Golf Fund: 17,010.82
Arboretum Golf Fund: 9,285.24
Refuse Service Fund: 61,233.71
1,386,321.06
PAYROLL PERIOD ENDING 1/30/2014 876,819.64
876,819.64
TOTAL WARRANT #1225 2,263,140.70
APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, ILLINOIS
Village Clerk Village President
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Employees m Pay Batch z*z
*ours oasc,ipuon *ours Gross vvithho|dingsand oaducdons Gross Base
uz nsspT neou|a,Fun'T|me 6'538.50 zsz'*ou.sa Gross 796'9*5.87
uznsspT Regular Part-Time 787.50 17'878.87 Federal ya'u**.ao 683'126.9*
03 nssss*SomAL Regular Seasonal z*uu 231a0 Social Security zz'oao.yz 352'723y*
u*nssSWORN Regular Sworn 9'093.75 393'061.77Meu|care zz'zso.oz 776'*71.20
usovsnTIMs Overtime yz*.zs *o'ooa.us IL State Tax 32'200.57 663'**8.37
ua DOUBLE TIME Double Time WI State Tax 1'217.50 19'658.57
u7nsTnoPAID netmpam zuzuz*mac zy*.sy
uonsTnoswPAID netm Sworn Paid *mac Pre Tax 918.68
uyLomssvITY u,noe,|tv zz'auu.uu osHsschoo|Fund *suu
zusLscTso Elected Officials 3'250u0 Bright Directions 160.00
zuu COMP sx PAY Exempt Comp Time Paid Child Support Arrears
zuz COMP sxEARN Exempt Comp Time Child Support IL 5'223.98
Earned
zu3 COMP msPAID Paid Non-Exempt Comp y*.uu 3'3u3.s3 Child Support wI 969.23
Time
zu*COMP msEARN Earned Non-Exempt 96.00 Computer Loan 631.57
Comp Time
zua COMP swPAID Sworn Comp Time Paid Computer Loan z 50a3
ill FLOAT swERN Float Sworn Earned
zzz FLOAT swpo Floating Sworn Paid *u.uu z'ayo.*s Dependent Care 1'10*a3
zzsooLcMpEARN Double Time Comp Time Fire Dues 1'73*.00
zz FIRE oT Fire Overtime 13'365.58 Fire Pension 15'983.79 zay'usz.*u
zzu PARK STIPEND Park District Stipend zu*.za Fire Pension Tier 2'*29.*7 zs'ay*ya
zzz CAR ALLOW Car Allowance Fire Pension Supplement percent 3*.83 3'*82a*
zzzIms nsIMouns Insurance 611.*7 Flexible Spending Account *'032.77
Reimbursement
zz3 GOLF STIPEND Management Stipend FpAcoues 127.50
zz*vsI vsI FOP Police
zzacLoTHIms Clothing Reimbursement 1'30*.*8 Garnishment 75.00
zzyMAmsSTIPEND Management Stipend General Fund z*suu
zu ACT cr Acting Lieutenant 277.00 *o*.7s Health HMO 630.50
zz ACT sc Acting Shift Commander 72u0 z*7au Health pPoA 5'713.22
zz CORP FIELD Corporal Field Supervisor z**.su 366.75 Health pPoo zz'yyzy*
z3 CORP WATCH Corporal Watch *s.uu 67.50IcM/Vnc Flat Amount 12'7*2.29
Commander
zs NIGHT SHIFT Night Shift 907.25 571.60 IcM/Vnc Flat Amount *'753.83
zassTWATCH Sergeant Watch Commander zy*.uu 185.23 IcM/Vnc percent 7'638.55 118'6*7.30
3u PARK DISTRICT Police Park District IcM/Vnc Percent 2'53*.2* 3'167.80
31cPn CPR 537.29IcM/Vnc Flat Amount 3
su VAC PAID Vacation Paid 397.50 18'352.51 IMnF z*'yzz.zz 331'605.58
sz VAC EARNED Vacation Earned IMnF Life Insurance
s3 VAC PAYOUT Vacation Payout
s*VAC swPAID Vacation Sworn Paid 261.75 zz'szu.zs IMnF TIER z *32.28 y'aua.zy
ss VAC swEARNED Vacation Sworn Earned IMnFvo|untary 111.11
s7 VAC swPAYOUT Vacation Sworn Payout IRS Garnishment
so VAC pTPAID Vacation Part Time Paid Optional Life Self 616.28
sy VAC pTEARNED Vacation Part Time
Earned
7u SICK PAID Sick Paid 161.50 s'yya.zy Police Dues 790.50
7z SICK EARNED Sick Earned
Run»v Katie sm»»eono/zs/zuz3 10:00:17AM Page zor*
Pay Day Register
Pay Batch 01/30/ 14
74 SICK SW PAID-Sick Sworn Paid 204.50 8,609.01 Police Pension 21,268.19 214,614.02
75 SICK SW EARN-Sick Sworn Earned - -
90 FLOAT PAID-Floating Paid 24.00 849.04 Police Pension-Tier 2 964.04 9,728.00
91 FLOAT EARNED-Floating Earned - -PPOA TAX 28.78 -
93 FLOAT PT PAID-Floating Part Time Paid RHS 1,941.49
94 FLOAT PT EARN-Float Part-Time Earned ROTH IRA 2,022.00 -
96 HOL PAID-Holiday Paid ROTH IRA Percent 83.81 4,190.35
97 HOL POL PAID-Holiday Police Sworn Paid 32.00 1,379.71 Spousal Support Maintenace 328.15 -
98 HOL PT PAID-Holiday Part Time Paid - -Trustmark Voluntary Benefit 866.02
99 HOL FIRE PAID-Holiday Fire Sworn Paid - - United Way - -
Total 20,499.00 $ 796,945.87 Net $ 508,915.28
Total Payroll Expense $ 876,819.64
Benefits Amount
Basic Life Insurance 62.78
Dental 18,119.83
Fire Pension 81,058.02
Health HMO 4,219.50
Health PPO A 38,233.12
Health PPO B 86,945.79
Illinois Municipal Fund 46,746.04
Police Pension 81,268.39
Tota I -
Gross Payroll 876,819.64
Water/Sewer Transfer (58,062.48)
Buffalo Grove Golf Transfer (15,807.37)
Arboretum Golf Transfer (13,421.64)
789,528.15
Transfers
Payroll Account Transfer 508,915.28
ROTH IRA 2,105.81
Illinois State Tax 32,200.57
941 Federal Tax 162,300.14
ICMA Deferred Compensation 27,668.91
RHS-Fire 1,941.49
Flex/Dep Savings 5,137.40
MAP Dues 790.50
Trustmark Voluntary Benefit 866.02
Fire Pension 18,448.09
760,374.21
Run by Katie Skibbe on 8/15/2013 10:00:17 AM Page 2 of 4
784.36
Run by Katie Skibbe on 8/15/2013 10:00:17 AM Page 3 of 4
Run by Katie Skibbe on 8/15/2013 10:00:17 AM Page 4 of 4
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Form Revised: 3/02/08
Development Name
DEVELOPMENT IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into as of this day of
201 , by and between the VILLAGE OF BUFFALO
GROVE, an Illinois Municipal Corporation, and having its office at Village
Hall, 50 Raupp Boulevard, Buffalo Grove, Illinois (hereinafter called
"Village") , and (hereinafter called "Developer") .
WITNESSETH:
WHEREAS, in compliance with the Village's Development Ordinance and
pursuant to the
(Annexation Agreement or PUD Ordinance or Agreement)
dated , Developer has submitted to the Village a Plat of
Subdivision designated as Exhibit "A", attached hereto, which Subdivision
Plat has been approved by the Plan Commission of the Village, and,
Developer desires to improve the real property described in said
Subdivision Plat; and,
WHEREAS, the Village is willing to approve said Subdivision Plat,
provided that this Agreement is executed to insure the completion of
certain site improvements, as a condition precedent to the issuance of
building permits for any buildings to be constructed on the property.
NOW, THEREFORE, it is mutually agreed as follows:
1. Developer shall furnish, or cause to be furnished, at their
own cost and expense, all the necessary material, labor, and equipment to
complete the improvements listed on Exhibit "B" attached hereto, and all
other site improvements not specifically set forth, which are required by
applicable ordinances or agreements, all in a good and workmanlike manner
and in accordance with all pertinent ordinances and regulations of the
Village and in accordance with the plans and specifications, dated
shown on Exhibit "C" attached hereto, including
any subsequent revisions requested by the Developer and approved in
writing by the Village pursuant to the Village 's Development Ordinance,
which Exhibit has been prepared by who
are registered professional engineers and Exhibit "D", attached hereto
consisting of the Landscaping Plan and as approved by the Village. All
utility lines and services to be installed in the street shall be
installed prior to paving.
2. Attached hereto as Exhibit "E" is a complete cost estimate for
the construction of the improvements described in Exhibit "B" hereto.
Upon the execution of this Agreement and prior to the recordation of the
Plat of Subdivision, the Developer shall deposit a Letter of Credit
acceptable to and in a form and substance approved by the Village as
further described in Paragraph 9 herein. The Letter of Credit shall
originally be in the amount of $
3. All work shall be subject to inspection by and the approval of
the Village Engineer. It is agreed that the contractors who are engaged
to construct the improvements described in Paragraph 1 hereof are to be
approved by the Village Engineer and that such approval will not be
unreasonably withheld.
4. The Developer has paid the Village a Review and Inspection
Fee, as required by Ordinance. It is understood that said fee is based on
the amount of the contracts or cost estimate for those items listed in
Exhibit "B" .
5. Prior to the time the Developer or any of its contractors
begin any of the work provided for herein, the Developer, and/or its
contractors shall furnish the Village with evidence of insurance covering
their employees in such amounts and coverage as is acceptable to the
Village.
In addition, by its execution of this Agreement, the Developer
agrees to protect, indemnify, save and hold harmless, and defend the
Village of Buffalo Grove and its employees, officials, and agents, against
any and all claims, costs, causes, actions, and expenses, including but
2
not limited to attorney's fees incurred by reason of a lawsuit or claim
for damages or compensation arising in favor of any person, corporation or
other entity, including the employees or officers or independent
contractors or sub-contractors of the Developer or the Village, on account
of personal injuries or death, or damages to property occurring, growing
out of, incident to, or resulting directly or indirectly, from the
performance of work by the Developer, independent contractors or sub-
contractors or their officers, agents, or employees. The Developer shall
have no liability or damages for the costs incident thereto caused by the
sole negligence of the Village. This hold harmless shall be applicable to
any actions of the Developer, independent contractor, or sub-contractor
prior to the date of this Agreement if such prior actions were approved by
the Village.
6. The Developer shall cause said improvements herein described
to be completed within twenty-four (24) months following the approval of
the Plat as shown in Exhibit "A" by the President and Board of Trustees,
except Public Parks and Detention Areas which shall be completed within
twelve (12) months, and except any improvements for which specified time
limits are noted on the approved plans, Exhibit "C" which shall be
completed within the specified time limits shown on the plans. If work is
not completed within the time prescribed herein, the Village shall have
the right to call upon the Letter of Credit, in accordance with its terms,
for the purpose of completing the site improvements. Upon completion of
the improvements herein provided for, as evidenced by the certificate or
certificates of the Village President and Board of Trustees, the Village
shall be deemed to have accepted said improvements, and thereupon, the
Letter of Credit shall automatically be reduced to serve as security for
the obligations of the Developer as set forth in Paragraph 7 hereof. The
Developer shall cause its consulting engineers to correct drawings to show
work as actually constructed and said engineers shall turn over high
quality Mylar reproducible copies thereof to the Village to become the
3
Village's property prior to acceptance of the improvements by the
President and Board of Trustees.
7. The Developer for a period of one year beyond formal
acceptance by the Village of any improvement described in Exhibit "B"
hereof, shall be responsible for maintenance repairs and corrections to
such improvements which may be required due to failures or on account of
faulty construction or due to the developers and/or contractors
negligence. The obligation of the Developer hereunder shall be secured by
the Letter of Credit as further described in Paragraph 9 hereof.
8. It is agreed that no building permit shall be granted by any
official for the construction of any structure until required utility
facilities (to include, but not by way of limitation, sanitary sewer,
water and storm sewer systems) have been installed and made ready to
service the individual lots concerned, and that roadways (to include
curbs) providing access to the subject lot or lots have been completely
constructed except for the designed surface course. It is understood and
agreed that building permits may be granted for buildings on specific lots
to which utility facilities have been installed and made ready for service
and to which roadways have been constructed as described above,
notwithstanding the fact that all improvements within the Development may
not be completed.
9.A. The obligations of the Developer hereunder as to the deposit
of security for the completion of improvements (Exhibit "B" hereof) and
the one year maintenance of said improvements after acceptance by the
Village (Paragraph 7) shall be satisfied upon delivery to the Village of a
Letter of Credit in favor of the Village in a form acceptable to the
Village. The Letter of Credit shall be made subject to this Agreement.
The Developer hereby waives its option pursuant to 30 ILCS 550/3 and 65
ILCS 5/11-39-3 to utilize any type of security other than a Letter of
Credit.
4
B. In addition to the terms, conditions, and covenants of the
Letter of Credit, the Village hereby agrees to draw funds or to call said
performance guarantee under such security solely for the purpose of
payment for labor and materials supplied or to be supplied, by engineers,
contractors, or subcontractors, to, or for the benefit of
or the Village, as the case may be, under the provisions of
this Agreement and the said improvements for which payment is being made
shall have been completed, or will be completed, in substantial accordance
with the plans and specifications described herein.
C. The Village further hereby agrees that to the extent that the
Developer causes the commitments of this Agreement to be completed, the
outstanding liability of the issuer of the Letter of Credit shall during
the course of construction of the improvements, approximate the cost of
completing all improvements and paying unpaid contract balances for the
completion of the improvements referred to in this Agreement.
Until all required tests have been submitted and approved by
the Village for each of the construction elements including, but not
limited to, earthwork, street pavements, parking area pavements, sanitary
sewers and water mains, a minimum of that portion of the surety for each
element shall be subject to complete retention. All improvements are
subject to a minimum fifteen (150) percent retention until final
acceptance by the Village.
D. In order to guarantee and warranty the obligations of
paragraph 7 herein, an amount equal to fifteen (150) percent of the total
amount of the Letter of Credit, or an amount equal to fifteen (150)
percent of the cost estimate of the individual improvement (s) shall be
retained in the Letter of Credit for a period of one-year beyond formal
acceptance by the Village of the improvement (s) .
E. As a portion of the security amount specified in Paragraph 2,
the Developer shall maintain a cash deposit with the Village Clerk in the
amount of Thousand Dollars ($0, 000.00) .
5
If roads are not maintained with a smooth and firm surface
reasonably adequate for access of emergency vehicles such as fire trucks
and ambulances, or if any condition develops which is deemed a danger to
public health or safety by the Village of Buffalo Grove due to the actions
of the Developer or his failure to act; and after written notice of this
condition, the Developer fails to immediately remedy the condition; then
the Village may take action to remedy the situation and charge any
expenses which results from the action to remedy the situation to the cash
deposit. Upon notification that the cash deposit has been drawn upon, the
Developer shall immediately deposit sufficient funds to maintain the
deposit in the amount of Thousand Dollars ($0, 000.00) . If the
Developer has not made the additional deposit required to maintain the
total cash deposit in the amount of Thousand Dollars ($0, 000.00)
within three (3) days from the date he received notice that such
additional deposit was required, it is agreed that the Village may issue a
Stop Work Order or also may revoke all permits which the Developer had
been granted. This cash deposit shall continue to be maintained until the
maintenance guarantee period has lapsed. The deposit may be drawn upon by
the Village if the conditions of this Agreement are not met by the
Developer within five (5) days after receipt of a written notice of
noncompliance with the conditions of this Agreement, except in cases of
danger to public health and safety as determined by the Village, in which
case, the deposit may be drawn upon immediately following notice to the
Developer and his failure to immediately remedy the situation. After
termination of the one-year maintenance period and upon receipt by the
Village Clerk of a written request for release of the deposit, the Village
will either notify the Developer that the improvements are not in a proper
condition for final release of the deposit, or shall release the deposit
within fifteen (15) days.
F. In addition to the terms, covenants, and conditions of the
Letter of Credit, the Developer hereby agrees that no reduction shall
6
occur in the outstanding liability of the issuer there under, except on
the written approval of the Village; however, in all events, the Village
shall permit such Letter of Credit to expire, either by its terms, or by
return of such Letter of Credit to the Developer, upon the expiration of
one- (1) year from the acceptance of the improvements referred to herein by
the Village. To the extent that the provisions of Paragraph 9 herein, and
of the Letter of Credit, permit the Village to draw funds under such
Letter of Credit, the Village hereby agrees to reduce the outstanding
liability of the issuer of the Letter of Credit to the extent that funds
are disbursed.
10. Any Letter of Credit shall provide that the issuer thereof
shall not cancel or otherwise terminate said security without a written
notice being given to the Village between thirty- (30) days and forty-five
(45) days in advance of termination or cancellation.
11. Developer shall install any additional storm sewers and/or
inlets which are required in order to eliminate standing water or
conditions of excessive sogginess which may, in the opinion of the Village
Engineer, be detrimental to the growth and maintenance of lawn grasses.
12. No occupancy permit shall be issued until all exterior
lighting specified on Exhibit "C" is installed and operational.
13. The Developer acknowledges that until final acceptance, he is
responsible for providing snow and ice control along any streets within
the Development, which are adjacent to occupied properties or necessary to
provide access to occupied properties. The Developer agrees to pay the
Village an annual fee for providing snow and ice control along these
streets.
The fee rate shall not exceed the Village' s average budgeted
snow and ice control cost per mile of Village streets for which this
service is provided with a minimum charge being based upon one-half (1/2)
mile. It is the Developer's responsibility to provide a map of the
applicable areas and the fee payment within thirty (30) days of
7
notification of the annual fee rate. If not paid, the fee may be
withdrawn by the Village from the cash deposit described in Paragraph 9E.
14. The Developer acknowledges that he is responsible for the
proper control of weeds, grass, refuse, and junk on all property which he
owns within the Village in accordance with Chapter 8.32 of the Buffalo
Grove Municipal Code. It is further agreed that the Developer shall
continue to be responsible for the proper maintenance of any parcels of
property for which the Developer transfers ownership to the Village until
such time as the development's improvements are accepted by the Village in
writing in accordance with the provisions of this Agreement.
If the Developer fails to perform his maintenance
responsibilities established in either this paragraph or Chapter 8.32, the
Village may provide a written notice to the Developer of the improper
maintenance condition. If proper maintenance is not completed within ten
(10) days after the Developer is provided this notice, the Village may
perform the maintenance and deduct the costs of the maintenance from the
cash deposit described in Paragraph 9E.
15. The Developer agrees that no improvements constructed in
conjunction with this project are sized or located in such a way as to
warrant any recapture payment to the Developer pursuant to any applicable
previous agreements.
16. This Agreement and the obligations contained herein are in
addition to, and not in limitation of, all other agreements between the
Parties hereto including, without limitation, the
(Annexation Agreement or PUD Ordinance)
dated and the obligations contained therein.
17. Paragraph(s) are attached hereto and made a part
hereof.
8
IN WITNESS WHEREOF, the Village has caused this Agreement to be
executed, as has the Developer, all as of the date first above written.
VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation
By
DEVELOPER -
By
9
(Development Name)
DEVELOPMENT IMPROVEMENT AGREEMENT
EXHIBIT A
The Plat of Subdivision prepared by
entitled
consisting of sheet (s) last revised
10
(Development Name)
DEVELOPMENT IMPROVEMENT AGREEMENT
EXHIBIT B
All improvements, both public and private, including earthwork, streets,
driveway and parking area pavements, sidewalks, sanitary and storm sewers,
water main, drainage and storm detention facilities, site grading, street
lighting, landscaping, survey monuments and benchmarks.
11
(Development Name)
DEVELOPMENT IMPROVEMENT AGREEMENT
EXHIBIT C
Plans prepared by
entitled
consisting of sheet (s) last revised
(Specifications on plans) .
Lighting plan prepared by entitled
dated
12
(Development Name)
DEVELOPMENT IMPROVEMENT AGREEMENT
EXHIBIT D
Landscaping Plan prepared by
entitled
consisting of sheet (s) last revised
G: \ENGINEER\FORMS\DIA.DOC
13
ALTERNATE PARAGRAPH 8
8. It is agreed that no framing authorization shall be granted by
any official for the construction of any structure until required utility
facilities (to include but not by way of limitation; water mains, sanitary
and storm sewer systems) have been installed and made ready to service the
individual lots concerned, and that roadways (or temporary roadways)
providing access to the subject lot or lots have been constructed, or are
in the course of construction, and are suitable for emergency vehicular
traffic as determined by the Village Building Commissioner. It is
understood and agreed that framing authorization may be granted for
buildings on specific lots to which utility facilities have been installed
and made ready for service and to which roadway access is suitable as
determined by the Building Commissioner, for emergency vehicular traffic,
notwithstanding the fact that all improvements within the Development may
not be completed. It is understood that a building permit authorizing the
construction of foundations and supporting subsystems will be issued by
the Village upon recording of final plan and completion of proper building
permit application including complete payment of all building permit fees
and compliance with applicable ordinances and requirements. The type of
temporary road proposed and anticipated method of maintenance are
described on Exhibit "F", "Temporary Road Construction and Maintenance
Specifications" .
G: \ENGINEER\FORMS\DIA.DOC
14
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