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2015-04-06 - Village Board Regular Meeting - Agenda PacketFifty Raupp Blvd Buffalo Grove, IL 60089-2100 Phone: 847-459-2500 A. Call to Order B. Pledge of Allegiance 2. Approval of Minutes A. Minutes of the Regular Meeting of the Village Board on March 16, 2015 3. Approval of Warrant #1246 A. Warrant #1246 4. Village President's Report A. Proclamation: Distracted Driving Awareness Month 2015 B. IAMMA Outstanding Manager Award 5. Village Manager's Report A. Buffalo Grove Police Department Traffic Enforcement & Education: High Crash Intersections 6. Special Business 7. Reports from Trustees 8. 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). A. Approval of an Agreement with Call One SUMMARY: Staff is requesting authorization to execute an agreement with Call One Inc., for Integrated Services Digital Network (ISDN) Primary Rate Interface (PRI) services in an amount not to exceed $21,600 over the entire three year term of the agreement. B. Acacia Terrace Easement Agreements SUMMARY: As part of the Kildeer Creek Stream Bank Stabilization Project, easements are required from the adjacent property owners for the construction and maintenance of the improvement. C. Reallocating 2015 Volume Cap to the Village of Buffalo Grove, Illinois SUMMARY: Allows the transfer of the Village's 2015 Private Activity Bond allocation from the State of Illinois to the Clearinghouse Pool. The allocation provided by the State is $100 per capita. D. Kilmer Park Plat of Easement SUMMARY: The Kilmer Park Improvement Project was completed in 2014 by the Buffalo Grove Park District. As part of the project, the Park District was required to grant a storm sewer easement to the Village for the existing storm sewer that was already located within the park. 9. Ordinances and Resolutions A. Amended and Restated Venture Agreement - Northwest Central Dispatch System B. Preliminary Plan Approval for 1050 Johnson Drive 10. Unfinished Business 11. New Business A. Kildeer Creek Stream Bank Stabilization B. Award of Bid to Brancato Landscaping Inc., for Parkway Tree Planting 12. 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. 13. Executive Session A. Executive Session - Purchase or Lease of Real Property: Section 2(C)(5) of the Illinois Open Meetings Act 14. 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. 2.A Action Item No. 2015-1: Minutes of the Regular Meeting of the Village Board on March 16, 2015 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. Minutes of the Regular Meeting of the Village of Buffalo Grove Board of Trustees. ATTACHMENTS: • M031615 (PDF) Trustee Liaison Village Clerk Sirabian Monday, April 6, 2015 Staff Contact Julie Kamka, Community Development Updated: 4/2/2015 4:14 PM Page 1 Packet Pg. 3 2.A.a 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, MARCH 16, 2015 CALL TO ORDER President Braiman called the meeting to order at 7:33 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Braiman; Trustees Trilling, Sussman, Terson, Stein and Ottenheimer. Trustee Berman was absent. Also present were: Dane Bragg, Village Manager; William Raysa, Village Attorney; Jennifer Maltas, Deputy Village Manager; Scott Anderson, Director of Finance; Andrew Brown, Deputy Finance Director; Art Malinowski, Director of Human Resources; Christopher Stilling, Community Development Director; Evan Michel, Management Analyst; Brett Robinson, Director of Purchasing; Mike Reynolds, Director of Public Works; Darren Monico, Village Engineer; Geoff Tollefson, Director of Golf Operations; Police Chief Casstevens; Deputy Police Chief Bethge; and Battalion Fire Chief Baker. APPROVAL OF MINUTES Moved by Ottenheimer, seconded by Trilling, to approve the minutes of the February 23, 2015 Rescheduled Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 5 — Trilling, Sussman, Terson, Stein, Ottenheimer c NAYS: 0 — None N ABSENT: 1 — Berman Motion declared carried. Moved by Trilling, seconded by Ottenheimer, to approve the minutes of the March 2, 2015 Committee of T- the Whole Meeting. Upon roll call, Trustees voted as follows: N AYES: 5 — Trilling, Sussman, Terson, Stein, Ottenheimer LO T- NAYS: 0 — None ABSENT: I— Berman M Motion declared carried. c WARRANT #1245 m E t U Mr. Anderson read Warrant #1245. Moved by Terson, seconded by Stein, to approve Warrant #1245 in the amount of $2,460,742.47, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: Q AYES: 5 — Trilling, Sussman, Terson, Stein, Ottenheimer NAYS: 0 — None ABSENT: 1 — Berman Motion declared carried. MUNICIPAL ELECTION The Village Clerk reminded residents of the options for casting a ballot in the April 7, 2015 Municipal Elections. VILLAGE PRESIDENT'S REPORT Packet Pg. 4 2.A.a President Braiman read a Proclamation declaring Sunday, April 26, 2015 as Breathe Deep North Shore Day, and urged residents to recognize and participate in the event to be held on April 26, 2015 at Deerfield High School. President Braiman presented an update on the Route 53/120 Blue Ribbon Committee, noting that the report did pass the Finance Committee last week. This report will now be submitted to the Tollway Authority. VILLAGE MANAGER'S REPORT Chief Casstevens commented on the Police Officer of the Year award. Rotary Past President Pam Kibbons and current President Quentin Sleigh reviewed the accomplishments of Office Danielle Baron, Buffalo Grove's 2014 Police Officer of the Year. Officer Baron is the Police Department's Canine Officer, and through her hard work she has earned the recognition as one of the best canine officers in the State of Illinois. Officer Baron was presented with her award as she was congratulated by the audience and the Board. Mr. Anderson presented a report on the impacts that the Proposed 2015 State of Illinois Budget could have on the Village of Buffalo Grove. Board members then commented on this report. Mr. Bragg stated that staff will be presenting a series of revenue enhancements and expense reductions for the Board to consider as the State budget process continues. TRUSTEE REPORTS Trustee Stein congratulated the Starlight Synchronized Skating Novice and Juvenile teams from the Twin Rinks Ice Arena for advancing to the National Synchronized Skating Championships in Rhode Island, where the Juvenile team won the Bronze Medal and the Novice team won the Pewter Medal. Trustee Stein noted that he was recently at a Cub Scout event when the fire alarm sounded. Trustee Stein stated that the Fire Department commented on how impressed with they were that the boys exited in such an orderly family. Trustee Stein commended the Buffalo Grove Fire Department for the educational programs that they present to our schools, which enabled the boys to react correctly. `n 0 N Trustee Sussman reported that the Arts Commission is seeking entries to a juried event which will provide ,n a venue to local artists to display and sell their creations. This event will take place on June 28, 2015. 0 M 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. The Village Clerk read a brief synopsis of each t of the items on the Consent Agenda. U Resolution #2015-7 — 2015 Street Maintenance Q Motion to pass Resolution #2015-7, Calendar Year 2015 Village -Wide Contractual Street Maintenance Program Motor Fuel Tax Resolution. Ordinance #2015-11 — Prairie Krafts Motion to pass Ordinance #2015-11, amending Chapter 5.20, Liquor Controls — Prairie Krafts, Inc., 1310 Busch Parkway — Class K. Ordinance #2015-10 — Buchanan Energy Packet Pg. 5 2.A.a Motion to pass Ordinance #2015-10, amending Chapter 5.20, Liquor Controls — Buchanan Energy, 10 W. Dundee Road — Class D1. Motion to approve the Communications Policy Revision. Communications Policy Revision Resolution #2015-8 - 2015 Zoniniz Map Motion to pass Resolution #2015-8, adopting the 2015 Zoning Map. Staff answered a question from a resident with regard to the Zoning Map. Mr. Raysa clarified the Resolution and Ordinance numbers on the Consent Agenda. Moved by Terson, seconded by Trilling, to approve the Consent Agenda. Upon roll call, Trustees voted as follows on the Consent Agenda: AYES: 5 — Trilling, Sussman, Terson, Stein, Ottenheimer NAYS: 0 — None ABSENT: 1 — Berman Motion declared carried. FIRE UTILITY VEHICLES Mr. Bragg reviewed the proposal, details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Robinson. Moved by Trilling, seconded by Sussman, to pass Action Item ID #1038, the purchase of two (2) 2016 Ford Escape SE vehicles not to exceed the amount of $59,704.00 from Currie Motors. Upon roll call, Trustees voted as follows: AYES: 5 — Trilling, Sussman, Terson, Stein, Ottenheimer NAYS: 0 — None ABSENT: 1 — Berman 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; there were none. ADJOURNMENT Moved by Sussman, seconded by Stein, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 8:18 P.M. Janet M. Sirabian, Village Clerk APPROVED BY ME THIS 6`" DAY OF April 2015 Village President 0 F4 LO 0 M 0 c m E t v ca Q Packet Pg. 6 3.A Action Item No. 2015-2: Warrant #1246 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. Staff recommends approval of Warrant #1246 which totals $2,708,588.16 ATTACHMENTS: • W#1246 full Summary (PDF) Trustee Liaison Trustee Ottenheimer III Monday, April 6, 2015 Staff Contact Paula Opatrny, Finance Updated: 4/2/2015 1:57 PM Page 1 Packet Pg. 7 3.A.a VILLAGE OF BUFFALO GROVE WARRANT #1246 6-Apr-15 General Fund: 462,847.73 Parking Lot Fund: 148.74 Motor Fuel Tax Fund: 0.00 Debt Service Fund: 0.00 School & Park Donations 0.00 Capital Projects -Facilities: 85,601.84 Capital Projects -Streets: 75,771.76 Health Insurance Fund: 0.00 Facilities Development Debt Service Fund: 0.00 Retiree Health Savings (RHS): 83,359.83 Water Fund: 30,932.41 Buffalo Grove Golf Fund: 60,999.22 Arboretum Golf Fund: 94,016.89 Refuse Service Fund: 0.00 Information Technology Internal Service Fund: 22,442.70 Central Garage Internal Service Fund: 31,701.33 Building Maintenance Internal Service Fund: 36,059.52 983,881.97 PAYROLL PERIOD ENDING 03/12/15 852,061.56 PAYROLL PERIOD ENDING 03/26/15 872,644.63 1,724,706.19 TOTAL WARRANT #1246 2,708,588.16 APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Village Clerk Village President Packet Pg. 8 4.A Information Item No. 2015-1: Proclamation: Distracted Driving Awareness Month 2015 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. The Village recognizes April 2015 as distracted driving awareness month. ATTACHMENTS: • Distracted Driving Proclamation - 2015 (DOCX) Trustee Liaison Trustee Trilling Monday, April 6, 2015 Staff Contact Melessa Horbus, Police Updated: 4/2/2015 1:55 PM Page 1 Packet Pg. 9 4.A.a '�";�'z.., f(�ID1WWWWWIW/IDDNNN9YPIA119WJIi11fli�YN1&11fNNNFWu£IJ:VmW�4!✓�WiWIl9MMNIMMI�I�I�I�fff�fN. DISTRACTED DRIVING PREVENTION MONTH - APRIL, 2015 WHEREAS, distracted driving is a serious, life -threatening practice that according to The National Highway Traffic Safety Administration has claimed the lives of 3,154 people nationwide in 2013; and WHEREAS, The National Highway Traffic Safety Administration reports that 94% of car crashes are the result of driver error: and WHEREAS, according to the Centers for Disease Control, 69% of U.S. drivers ages 18-64 say they have talked on their phone while driving and 31% say they have read or sent email or text messages while driving; and WHEREAS, the increased health and well-being of Buffalo Grove citizens are a direct result of increased enforcement and awareness about the dangers of distracted driving; and WHEREAS, in order to reduce the number of crashes as well as improve driver safety, Buffalo Grove motorists should commit to adopting and maintaining safe behavior while behind the wheel; and WHEREAS, April has been selected as the National Distracted Driving Awareness Month; AND WHEREAS, increased high -visibility enforcement of distracted driving laws coupled with publicity has proven to be an effective method to reduce distracted driving and save lives; NOW, THEREFORE, I, JEFFREY S. BRAIMAN, PRESIDENT OF THE VILLAGE OF BUFFALO GROVE, do hereby proclaim and pronounce April National Distracted Driving Awareness month in Buffalo Grove and urge all citizens to always put the cell phone down, focus on the road, and buckle up when driving on our roadways and do hereby encourage all citizens, government agencies, business leaders, schools and public and private institutions to promote awareness of the distracted driving problem, and to support programs and policies to reduce the incidence of distracted driving. Proclaimed this 61h day of April, 2015. Lh 0 N Packet Pg. 10 4.13 Information Item No. 2015-2: IAMMA Outstanding Manager Award ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action President Braiman will recognize and congratulate Village Manager Bragg for being selected as the Outstanding Manager of the Year by the Illinois Association of Municipal Management Assistants. Trustee Liaison Village President Braiman Monday, April 6, 2015 Staff Contact Kevin McMaster, Office of the Village Manager Updated: 4/2/2015 4:16 PM Page 1 Packet Pg. 11 5.A Information Item No. 2015-3: Buffalo Grove Police Department Traffic Enforcement & Education: High Crash Intersections ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Sgt. Mike Rodriguez, Buffalo Grove Police Department, will provide a brief synopsis of the Department's efforts in the area of traffic enforcement and education on the roadways and in the high crash locations during all of 2014 and during the first quarter of 2015. The outcomes that will be discussed are linked to the Department's strategic goals of providing high -quality patrol, investigation and records management services to residents and businesses. The goals are included in the Fiscal Year 2015 budget. The high crash locations are as follows: 1. Buffalo Grove Road & Aptakisic (Short) 2. Buffalo Grove Road and Dundee 3. Lake Cook and Arlington Heights Road 4. Lake Cook and Buffalo Grove Road 5. Lake Cook and McHenry Road Trustee Liaison Trustee Trilling Monday, April 6, 2015 Staff Contact Melessa Horbus, Police Updated: 4/2/2015 4:17 PM Page 1 Packet Pg. 12 8.A Action Item No. 2015-3: Approval of an Agreement with Call One ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Approval is recommended for the purchase of ISDN PRI telecommunications services through the Suburban Purchasing Cooperative in accordance with the Illinois Governmental Joint Purchasing Act (30 ILCS 525/0.01 et seq.) SUMMARY: Staff is requesting authorization to execute an agreement with Call One Inc., for Integrated Services Digital Network (ISDN) Primary Rate Interface (PRI) services in an amount not to exceed $21,600 over the entire three year term of the agreement. ATTACHMENTS: • SPC_2015_CallOne_Contract (PDF) Trustee Liaison Trustee Sussman Monday, April 6, 2015 Staff Contact Brett Robinson, Finance Updated: 4/2/2015 1:29 PM A Page 1 Packet Pg. 13 February 18, 2015 Mr. Chris Surdenik President Call One, Inc. 225 W. Wacker Drive, 81h Floor Chicago, IL 60606 Dear Mr. Surdenik, This letter is to inform you that the Suburban Purchasing Cooperative's (SPC's) Governing Board has approved the first of four (4) possible one-year contract extensions of the SPC 2014 Telecommunication Services Vendor for Term Contract to Call One, Inc, Chicago, IL from April 1, 2015 through March 31, 2016. The SPC reserves the right to extend the contract for up to three (3) additional one-year terms upon mutual agreement of both the vendor and the SPC on a negotiated basis. With acceptance of this contract extension, Call One, Inc., Chicago, IL agrees to all terms and conditions set forth in the specifications contained within the Request for Proposals to which you responded, as well as the additional products and services as outlined in our agreement dated October 1, 2014, Call One, Inc., Chicago, _IL will handle all billinia. The NWMC is compensated for program costs it incurs throu6 payment from the vendor, in the amount of a 2% administrative fee of the total amount from each individual order from each purchasing entity. This, fee shall be paid AirecLly by the vendor to the NWMC on a quarterly basis (April 30 July 31, October 31 and January I This is not an additional fee to be paid o The SPC shall not be responsible far any non-payment of any participating agency Bach individual s aRency shall be responsible for insuring delivery of product, receipt and payrnent of vendor invoices, as well as for the resolution of disputes between the vendor and the member agency. The SPC looks forward to a productive year working with Call One, Inc., Chicago IL. Please sign and date this agreement below, retaining copies for your files and returning the original to my attention, Sincerely, Ellen Dayan, CPPB NWMC Program Manager for Purchasing Name: Ellen Dayan Date Northwest Municipal Conference Name: Chris Surdenik Date Call One, Inc, DuPage Mayors & Northwest Municipal South Suburban Mayors Managers Conference Conference And Managers Association 1220 Oak Brook Road 1600 East GolfRd., Suite 0 700 1904 West 174'h Street Oak Brook, IL 60523 Des Plaines, IL 00016 East Hazel Crest, IL 60429 Suzette Quintell Ellen Dayan Ed Paesel Phone: (6.30) 571-0480 Phone: (847) 296-9200 Phone: (708) 206-1155 Fax: (6.30) 571-0484 Fax., (847) 296-9207 Fax: (708) 206-1133 Will County Governmental League 3180 Theodore Street, Suite 101 Joliet, IL 60435 Cherie Belom Phone: (815) 729-3535 Fax: (815) 729-3536 I Packet Pg. 14 1 S U IM!K'�410I � 0 t,,: I,I S WG 8.A.a C A L kU 1 Lc'atloPr) '"tiN� ISDN-PRI Renewal Customer Service Agreement This Customer Service Agreement ("Agreement") authorizes Call One® Inc., with a principal place of business at 225 West Wacker, Floor 8, Chicago, IL 60606 ("Call One") to provide telecommunication services ("Services") to the customer identified immediately below ("Customer"). The Services provided hereby are subject to the Terms and Conditions set forth in this Agreement. Customer Village of Buffalo Grove Address 50 Raupp Blvd City Buffalo Grove ST IL ZIP 60089 Please check box to determine term and discount [ ]I Year [ ] 2 Year [X] 3 Year Additional Charges: ISDN PRI's inclusive of 20,000 Band A, B, C and lntralata minutes, Caller 1D w/ Name and Failsafe routing. DID Porting/Installation Charge $1.00/DID number. DID MRC at $2.00/block of ten (10). 30% discount on applicable features. Carrier Access Fees - WAIVED. Member of SPC. All rates and discounts are subject to the rates and discounts contained in the SPC underlying agreement. Service/Additional Terms: Renewal of ISDN PRI's Billing Telephone Numbers (BTN) associated with this account: Physical Location City, State BTN 50 Raupp Blvd. Buffalo Grove, IL 224-532-4095 Circuit ID NRC MRC Term LM.58/HCGS/004017 N/A $300.00 36 Months Physical Location 46 Raupp Blvd. City, State BTN Buffalo Grove, IL 224-532-4096 Circuit ID NRC MRC Term LM.58/HCGS/004018 N/A $300.00 36 Months Authorized customer signature Date CallOne authorized signature Print name Title Print name Call One Inc. 225 W Wacker Drive Sth Floor - Chicago, IL 60606 - Telephone 312-681-8300 - Fax 312-681-8301 Page 1 of 2 d _ O U s �3 a� E a� a� i Q _ ca 4- 0 �o 0 a a Q c� LO 0 N �a L _ Q UI m _ O M U u-- I 0 N I U a Cn _ d E t v co Q Date Dr �a � N Packet Pg. 15 8.A.a Terms and Conditions 1. Term. Customer hereby orders the Services as identified on Page 1 of this Agreement and miscellaneous services incident thereto for the term selected by Customer on Page 1 of this Agreement (the "Term"). Upon expiration of the Term, the monthly recurring charges applicable to a Term other than Month -to -Month will revert to Call One's prevailing month -to -month rates unless Customer has (1) entered into a successor agreement or (2) canceled the Service, in each case effective as of the expiration of the Term. Call One is not responsible for notifying customer of the expiration of any Term. The Term shall begin on the later of (i) the date Call One signs the first page of this Agreement and (ii) the date any installation necessary to begin the Service is completed. 2. Rates. (a) The Monthly Charge and usage rates identified on Page 1 of this Agreement will apply to the Services during the Term. Upon expiration of the Term, the Monthly Charge and usage rates will revert to Call One's prevailing month -to -month rates for the Service unless Customer has (1) entered into a successor agreement or (2) canceled the Service, in each case effective as of the expiration of the Term. (b) Installation, service establishment and/or other non -recurring charges ("Non -Recurring Charges") incident to the Services will apply as identified on Page 1 of this Agreement. (c) Call One shall also bill Customer as a separate line item all applicable federal, state and other governmental fees, surcharges and taxes. 3. Authorization. Customer authorizes Call One to act as its agent for purposes of obtaining information on Customer's existing telecommunications and related service(s) and to submit orders to reflect the Services ordered under this Agreement for the specific Billing Telephone Numbers (BTN) and/or physical location listed on Page 1 and included in any supplement to this Agreement. This grant of agency shall remain in effect until revoked by Customer. 4. Existing Commitments. (a) If Customer has an existing term commitment contract with another service provider (a "Third Party Commitment") that is not specifically identified as being terminated pursuant to Section 4(b), Customer acknowledges that, in addition to the Terms and Conditions of this Customer Service Agreement, Customer shall remain obligated under the terms of such Third Party Commitment and shall be solely responsible for any penalties, fees or charges by virtue of that Third Party Commitment. (b) If as part of Call One's provision of Services Customer has agreed to terminate a Third Party Commitment(s) identified on Page 1 of this Agreement, Customer agrees that it is solely responsible for the fees associated with such termination. 5. Early Termination/Cancellation. Customer shall be required to provide Call One a minimum of 30 days notice in writing of any termination/cancellation of Service(s). (a) If Customer terminates the Service in whole or in part prior to the expiration of the Term, Customer will be liable for an early termination charge, as liquidated damages and not as a penalty, equal to (1) the Monthly Charge payments remaining for the Term of this Agreement, (2) any special construction charges required to make the Service available and (3) any previously waived installation and/or other non -recurring charges and (4) the difference between the total usage charges billed to Customer at the usage rates Customer received for the Term in this Agreement and the total usage charges that would have been billed to Customer at the Call One tariff month -to -month usage rates in effect as of the Effective Date. (b) If Customer cancels Service before the Service is established, Customer shall be liable to Call One for all reasonable expenses incurred by Call One to process the order for Service, including any special construction charges. Termination/cancellation charges are due within fifteen (15) days of the effective date of termination/expiration. 6. Inside Wiring. The applicable rates for inside wiring provided directly by Call One to Customer are specified on the technician -charges page of the Call One website at www.callone.com. Inside wiring provided by a third party vendor will be billed at their applicable rates and charges. In addition, any installation charges identified on Page 1 of this Agreement applies to the initial Service installation and does not include inside materials and wiring. 7. Liability. The entire liability of Call One, if any, for damages to Customer or to any third party whether in negligence, tort, contract or otherwise, which may arise from Call One's performance or non-performance of the Services is limited to an amount equal to a prorated adjustment of applicable monthly recurring charges for the Services affected or any portion thereof. 8. Applicability of Tariffs. This Agreement orders Services at rates provided herein and subject to the terms and conditions set forth in Call One's then -applicable state tariff, which tariff is incorporated by reference. State tariffs are available through the regulatory page of the Call One website currently at www.callone.com. Customer acknowledges all services purchased pursuant to this agreement are for business purposes. 9. Assignment. Customer may not assign this Agreement (by operation of law or otherwise) without the prior written consent of Call One, which consent will not be unreasonably withheld or delayed. Any prohibited assignment shall be void ab initio. 10. Entire Agreement. Signed facsimile or scanned copies of this Agreement will legally bind the parties to the same extent as originally executed documents. The terms contained in this Agreement and any documents attached hereto and referenced herein or therein constitute the entire agreement between the parties with respect to the subject matter hereof, superseding all prior and contemporaneous understandings, proposals and other communications, oral or written. 11. Jurisdiction / Collection Costs. Any action or proceeding arising out of or related to this Agreement, the Tariffs or Services may be commenced in any state or Federal court of competent jurisdiction in the State of Illinois. The Parties submit and expressly consent to the jurisdiction of such court and expressly waive any right to a trial by jury. Call One shall be entitled to recover from Customer all reasonable collection costs, including attorneys fees. Customer initials Call One initials Call One Inc. 225 W Wacker Drive 8th Floor - Chicago, IL 60606 - Telephone 312-681-8300 - Fax 312-681-8301 Page 2 of 2 d c O U s �3 C a� E d d i Q c ca O io O L CL CL Q M uh 0 N U to C O U OI c O U u.- I 0 N I U a fn c d E t U M Q Dr �a 7�o N Packet Pg. 16 8.B Resolution No. R-2015-10: Acacia Terrace Easement Agreements ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: As part of the Kildeer Creek Stream Bank Stabilization Project, easements are required from the adjacent property owners for the construction and maintenance of the improvement. ATTACHMENTS: • PARKRIDGE-#101912-v1-Resolution_-_Kildeer Creek(DOC) • 2771 Signed Agreement (PDF) • 2761 Signed Agreement(Mr.) (PDF) • 2761 Signed Agreement(Mrs.) (PDF) Trustee Liaison Trustee Stein Monday, April 6, 2015 Staff Contact Michael Reynolds, Public Works Updated: 4/3/2015 8:42 AM Page 1 Packet Pg. 17 PERMANENT EASEMENT AGREEMENT THIS AGREEMENT, made this _........ day of.............�.�...�._�.........................................................._.. �._.� 2015, by and between the VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation, 50 Raupp Boulevard, Buffalo Grove, Illinois, 60089 (hereinafter referred to as the "VILLAGE") and Scott Schmaren and Marcy Schmaren, husband and wife, 2761 Acacia Terrace, Buffalo Grove, IL. 60089 (hereinafter referred to as "OWNER"). WITNESSETH: WHEREAS, OWNER, is the owner of certain real estate situated in the Village of Buffalo Grove, County of Lake, State of Illinois, which real estate is legally described and depicted on the Plat of Survey attached hereto as Exhibit "A" and by this reference incorporated herein and made a part hereof, and which real estate shall be referred to hereinafter as the "OWNER'S PROPERTY" and further identified by PIN: 15-17-306- 007-0000, and Lot 435; and Packet Pg. 18 8.B,a WHEREAS, the VILLAGE desires to improve a portion of the drainage system, including but not by way of limitation, streambank stabilization, in, upon, under, along and across the OWNER'S PROPERTY in the location shown on the diagram and labeled "15' Permanent Drainage Easement" attached hereto and made a part hereof as Exhibit B (the "EASEMENT EXHIBIT") (1 of 2) and legally described on Exhibit B (the "EASEMENT PREMISES") (2 of 2); and WHEREAS, the VILLAGE requires a permanent easement for the purpose of improving its drainage system and completing streambank stabilization along Kildeer Creek and maintenance thereto. NOW, THEREFORE, in consideration of the foregoing and for the sum of Ten and no/100 Dollars ($10.00)and other good and valuable consideration paid by the VILLAGE to OWNER, the receipt and sufficiency of which are hereby acknowledged, the parties hereto mutually agree as follows: 1. OWNER hereby grants, conveys, warrants and dedicates to the VILLAGE, its agents, servants, employees, its successors and assigns, a permanent easement to survey, construct, reconstruct, use, operate, maintain, test, inspect, repair, remove, replace, install, or alter a drainage system and streambank stabilization together with related attachments, equipment and appurtenances thereto (drainage system and streambank stabilization and said attachments, equipment and appurtenances hereinafter collectively referred to as the "KILDEER CREEK STREAMBANK STABILIZATION PROJECT" or "PROJECT") subject to the terms and conditions hereinafter set forth, in upon, under, along and across the EASEMENT PREMISES together with all reasonable rights of ingress and egress across any adjoining lands of OWNER necessary for the exercise of the rights herein granted. 2. Upon completion of any construction, the VILLAGE agrees to replace and grade all topsoil removed. All lawn removed will be replaced by seeding with a good quality seed. 3. All rights, title and privileges herein granted, including all benefits and burdens shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, grantees, successors, assigns and legal representatives. 4. OWNER shall not in any manner disturb, damage, destroy, injure, obstruct, or permit to be obstructed, the KILDEER CREEK STREAMBANK STABILIZATION PROJECT nor obstruct or permit to be obstructed the EASEMENT PREMISES nor in any manner prevent or interfere with the exercise by the VILLAGE of the rights granted herein, at any time whatsoever without the express prior written consent of the VILLAGE. 2 Packet Pg. 19 8.B,a 5. The VILLAGE shall maintain the KILDEER CREEK STREAMBANK STABILIZATION PROJECT for ten (10) years from the date of installation of the PROJECT at which time the VILLAGE shall have no further maintenance responsibility or liability for the PROJECT. 6. This easement is in addition to all other easements shown on that certain Plat of Subdivision for Lot 435 in the Woodlands at Fiore Unit 7 recorded October 7, 1987 as Document No. 2619621, in the Village of Buffalo Grove, Lake County, Illinois and the drainage easement recorded as Document No. 2666775 and to the extent that this additional subject easement falls within other easements, all of said easements shall run concurrently therewith. 7. Also granted herewith is the right to cut, trim or remove trees, bushes and roots as may be reasonably required in conjunction with the rights herein granted, and the right to enter upon said Lot 435 for all such purposes. 8. The undersigned hereby agree that no obstructions shall be placed over the granted facilities or in, upon or over the property within this subject easement with out the prior written consent of the VILLAGE. In addition, after installation of any such facilities by the VILLAGE, the grade of said Lot 435 shall not be altered in a manner which would interfere with the proper operation and maintenance thereof. 9. This agreement may be executed in counterparts, each of which shall be considered an original and together shall be one in the same agreement. 1T' 1, THEREOF, the parti �fb �� executed this instrument by the W� ; 'RS � �nd by the proper officcgi a"l . � i .1. i", 'the date first above written. scc tt", chmaren, Owner Marcy Schmaren, Owner ATTEST: VILLAGE OF BUFFALO GROVE, and Illinois Municipal Corporation Janet Sirabian, Village Clerk THIS DOCUMENT PREPARED BY: Mr. William G. Raysa, Village Attorney Tressler LLP 22 S. Washington Avenue Park Ridge, IL 60068 2/18/2015 #101297v3 Jeffrey S. Braiman, Village President RECORDER MAIL TO: Village of Buffalo Grove Village Clerk's Office 50 Raupp Boulevard Buffalo Grove, IL 60089 Packet Pg. 20 8.B,a STATE OF ILLINOIS) SS COUNTY OF LAKE ) I, , a Notary Public in and for said County, in the State aforesaid, do hereby certify that JEFFREY S. BRAIMAN, personally known to me to be the President of the VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation, and JANET SIRABIAN, personally known to me to be the Village Clerk of the said VILLAGE OF BUFFALO GROVE, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Village Clerk, they signed and delivered said instrument as President and Village Clerk of the VILLAGE OF BUFFALO GROVE, as their free and voluntary act and as the free and voluntary act of said VILLAGE OF BUFFALO GROVE for the uses and purposes therein set forth. GIVEN under my hand and official seal this My Commission Expires: STATE OF ILLINOIS l ) SS COUNTY OF day of 2015. Notary Public I, d1 a Notary Public in and for said Count m the State �f r...._.._.............M.........._._.�.._...............wvwvwv....M. y, esaid, do hereby certify that Scott Schmaren personally known to me to be the same person whose name is subscribed to the foregoing instrument appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of oac 52015. f Not*aryyv 11ub is CD My Commission Expires: OFFICIAL SEAL BARBARAELANGE Notary Public - State of Illinois 4 My Commission Expires May 25, 2015 Packet Pg. 21 8.B,a STATE OF ILLINOIS) SS COUNTY OF LAKE ) I, , a Notary Public in and for said Count , , in the State aforesaiddo hereby .. ... ................_._......www_w. y y certify that Marcy Schmaren personally known to me to be the same person whose name is subscribed to the foregoing instrument appeared before me this day in person and acknowledged that she signed and delivered the said instrument as her free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of w vwv , 2015. Notary Public My Commission Expires: Packet Pg. 22 EXHIBIT A OWNERS PROPERTY ATTACH PLAT OF SURVEY E:l zo: I Packet Pg. 23 1 0( / (p / f-/ Lle I L-1 I I /-o / -rj---) Ike LLackLeige Upap, Ett A --Mo7. ROV L8ND SURVEYINS DIVISION 470 N. LIBERTY STREET - PA BCH 579 HAUCONDA, IL 60994 PH. 312/526-ZB23 PLRT OF SURVEY WOO LOT 43`: IN THE WOODLANDS AT FIORE UNIT 'I, BEING A SUBDIVISION OF FART OFTHE WEST HALF OF THE SOUTHEAST OUARTERANDTHE EAST HALF I OF THE SOUTHWEST QUARTER OFSECTION 17,7 OWNSHIP 43 NORTH, RANGE y IL EAST OF THETHIRD PR,NC,PAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NUMBER IN THE VILLAGE OF BUFFALO GROVE, LAKE COUNTY, ILLINOIS. LEG THAT PART C SUBDIVISION UILD IV] SI ON AND THE E TOWNSHIP 4 MERIDIAN, 1987, AS DO BEGINNING ID DEGREES LOT 435, A MINUTES 59 DISTANCE OF EASTERLY 13 CONCAVE NOR DISTANCE 0 SECONDS GAS 54 MINUTES NORTH 10 DE FEET, TO A POINT ON THE NORTH LINE OF SAID LOT 435; THENCE NORTH 79 DEGREES 33 MINUTES 22 SECONDS WEST, ALONG SAID NORTH LINE, A DISTANCE OF 35.00 FEET, TO THE POINT OF BEGINNING, EXCEPTING THEREFROM ALL EASEMENTS FOR PUBLIC UTILITIES AND DRAINAGE WHICH WEREPREVIOUSLY DEDICATED BY THE ABOVE DESCRIBED SUBDIVISION, IN .THE VILLAGE OF BUFFALO GROVE, LAKE COUNTY, ILLINOIS. CUSTOMER: &tt,,g. C ADDENDA DATE ORDER DESC. SCALEH INCH FEET DRAWN BY:%7%. a-I%As 5b - -,gb sotn DATE. CHECKED BY:%k4'0 . -v-S- am sb-, SURVEY NO- Wt - clams SURVEYORS NOTE: D18TMCES ARE MARKED IN FEET AND DECIMAL PARTS THEREOF, COMPARE ALL THIS SURVEY SUBJECI TO REVIEW Of A BEFORE FORE BUILDING BY SAME AND AT ONCE REPORT ANY OIFFERENC CURRE E. REFER TO INI TITLE POLICY FOR FXCEPTI045 A!SIRACT, DEED AND LOCAL ORDINANCES FOR BUILDING RESTRICTIONS. ALL TO TITLE. STATE OF ILLINOIS ) CDUNlY OF LAKE )SS 701 ROUTE 22 DEVELOPMENT CORP. TICOR TITLE INSURANCE COMPANY Me LVIN TORCH ASARMMS E, THE BLACKLEDDE DROOP LTD, DO HERESY CERTIFY THAT WE HAVE SURVEYED THE ABOVE DESCRIBED PROPERTY AND THAT THE PLAT HEREON DRAWN IS A CORRECT REPRESENTATION �F �L.. _ ND'i_ EXHIBIT B EASEMENT EXHIBIT (I OF 2) E:l zo: I Packet Pg. 25 1 EXHIBIT B (1'-df 2 EASEMENT EXHIBIT Toll ell 'n!" At Soo 1 0 R-790.0a R400.00' MILO' «ro ae P-,Qocu emmosig N 43'2b'24* W Ra 0 40 0.! Ch 05'* ACACIA .................. g TERRACE I Packet Pg. 26 1 EXHIBIT B EASEMENT PREMISES (2 OF 2) E:l zo: I Packet Pg. 27 1 LEGAL DESCRIPTION THAT PART OF LOT 435 IN THE WOODLANDS AT FIORE UNIT 7, BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHEAST QUARTER AND THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 7, 1987 AS DOCUMENT 2619621, IN LAKE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 435; THENCE SOUTH 79 DEGREES 33 MINUTES 22 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 435, 35.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE EAST LINE, OF AN EXISTING DRAINAGE EASEMENT RECORDED AS DOCUMENT 2666775; THENCE CONTINUING SOUTH 79 DEGREES 33 MINUTES 22 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 435,15.00 FEET; THENCE SOUTH 10 DEGREES 26 MINUTES 38 SECONDS WEST, 41.24 FEET; THENCE SOUTH 19 DEGREES 54 MINUTES 22 SECONDS WEST, 64.50 FEET; THENCE SOUTH 38 DEGREES 17 MINUTES 53 SECONDS WEST, 76.41 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 435; THENCE NORTHWESTERLY ALONG AN ARC, SAID ARC BEING THE SOUTH LINE OF SAID LOT 435, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 790.00 FEET, AN ARC LENGTH OF 17.63 FEET AND A CHORD LENGTH OF 17.63 FEET BEARING NORTH 83 DEGREES 25 MINUTES 24 SECONDS WEST TO A POINT ON THE EAST LINE OF SAID EXISTING DRAINAGE EASEMENT; THENCE ALONG THE FOLLOWING THREE COURSES BEING THE EAST LINE OF SAID EXISTING DRAINAGE EASEMENT: NORTH 38 DEGREES 17 MINUTES 53 SECONDS EAST, 83.25 FEET; NORTH 19 DEGREES 54 MINUTES 22 SECONDS EAST, 60.83 FEET; NORTH 10 DEGREES 26 MINUTES 38 SECONDS EAST, 40.00 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. I Packet Pg. 28 1 PERMANENT EASEMENT AGREEMENT THIS AGREEMENT, made this I v_ day of -AA�C�-- 1111.1 2015, by and between the VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation, 50 Raupp Boulevard, Buffalo Grove, Illinois, 60089 (hereinafter referred to as the "VILLAGE") and Scott Schmaren and Marcy Schmaren, husband and wife, 2761 Acacia Terrace, Buffalo Grove, IL. 60089 (hereinafter referred to as "OWNER"). WITNESSETH: WHEREAS, OWNER, is the owner of certain real estate situated in the Village of Buffalo Grove, County of Lake, State of Illinois, which real estate is legally described and depicted on the Plat of Survey attached hereto as Exhibit "A" and by this reference incorporated herein and made a part hereof, and which real estate shall be referred to hereinafter as the "OWNER'S PROPERTY" and further identified by PIN: 15-17-306- 007-0000, and Lot 435; and Packet Pg. 29 8.B,b WHEREAS, the VILLAGE desires to improve a portion of the drainage system, including but not by way of limitation, streambank stabilization, in, upon, under, along and across the OWNER'S PROPERTY in the location shown on the diagram and labeled "15' Permanent Drainage Easement" attached hereto and made a part hereof as Exhibit B (the "EASEMENT EXHIBIT") (1 of 2) and legally described on Exhibit B (the "EASEMENT PREMISES") (2 of 2); and WHEREAS, the VILLAGE requires a permanent easement for the purpose of improving its drainage system and completing streambank stabilization along Kildeer Creek and maintenance thereto. NOW, THEREFORE, in consideration of the foregoing and for the sum of Ten and no/100 Dollars ($10.00)and other good and valuable consideration paid by the VILLAGE to OWNER, the receipt and sufficiency of which are hereby acknowledged, the parties hereto mutually agree as follows: 1. OWNER hereby grants, conveys, warrants and dedicates to the VILLAGE, its agents, servants, employees, its successors and assigns, a permanent easement to survey, construct, reconstruct, use, operate, maintain, test, inspect, repair, remove, replace, install, or alter a drainage system and streambank stabilization together with related attachments, equipment and appurtenances thereto (drainage system and streambank stabilization and said attachments, equipment and appurtenances hereinafter collectively referred to as the "KILDEER CREEK STREAMBANK STABILIZATION PROJECT" or "PROJECT") subject to the terms and conditions hereinafter set forth, in upon, under, along and across the EASEMENT PREMISES together with all reasonable rights of ingress and egress across any adjoining lands of OWNER necessary for the exercise of the rights herein granted. 2. Upon completion of any construction, the VILLAGE agrees to replace and grade all topsoil removed. All lawn removed will be replaced by seeding with a good quality seed. 3. All rights, title and privileges herein granted, including all benefits and burdens shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, grantees, successors, assigns and legal representatives. 4. OWNER shall not in any manner disturb, damage, destroy, injure, obstruct, or permit to be obstructed, the KILDEER CREEK STREAMBANK STABILIZATION PROJECT nor obstruct or permit to be obstructed the EASEMENT PREMISES nor in any manner prevent or interfere with the exercise by the VILLAGE of the rights granted herein, at any time whatsoever without the express prior written consent of the VILLAGE. 2 Packet Pg. 30 8.B,b 5. The VILLAGE shall maintain the KILDEER CREEK STREAMBANK STABILIZATION PROJECT for ten (10) years from the date of installation of the PROJECT at which time the VILLAGE shall have no further maintenance responsibility or liability for the PROJECT. 6. This easement is in addition to all other easements shown on that certain Plat of Subdivision for Lot 435 in the Woodlands at Fiore Unit 7 recorded October 7, 1987 as Document No. 2619621, in the Village of Buffalo Grove, Lake County, Illinois and the drainage easement recorded as Document No. 2666775 and to the extent that this additional subject easement falls within other easements, all of said easements shall run concurrently therewith. 7. Also granted herewith is the right to cut, trim or remove trees, bushes and roots as may be reasonably required in conjunction with the rights herein granted, and the right to enter upon said Lot 435 for all such purposes. 8. The undersigned hereby agree that no obstructions shall be placed over the granted facilities or in, upon or over the property within this subject easement with out the prior written consent of the VILLAGE. In addition, after installation of any such facilities by the VILLAGE, the grade of said Lot 435 shall not be altered in a manner which would interfere with the proper operation and maintenance thereof. 9. This agreement may be executed in counterparts, each of which shall be considered an original and together shall be one in the same agreement. IN WITNESS THEREOF, the parties hereto have executed this instrument by the OWNERS and by the proper officers of the VILLAGE as of the date first above written. Scott Schmaren, Owner M�/Aehmare,Jwne ATTEST: VILLAGE OF BUFFALO GROVE, and Illinois Municipal Corporation Janet Sirabian, Village Clerk Jeffrey S. Braiman, Village President THIS DOCUMENT PREPARED BY: Mr. William G. Raysa, Village Attorney Tressler LLP 22 S. Washington Avenue Park Ridge, IL 60068 2/18/2015 #101297v3 3 RECORDER MAIL TO: Village of Buffalo Grove Village Clerk's Office 50 Raupp Boulevard Buffalo Grove, IL 60089 Packet Pg. 31 8.B,b STATE OF ILLINOIS) SS COUNTY OF LAKE ) I, _..... ..... �hAtatie)afbresaid, ............� __....w......_.w._..w.._., � a Notary Public in and for said County, in do hereby certify that Marcy Schmaren personally known to me to be the same person whose name is subscribed to the foregoing instrument appeared before me this day in person and acknowledged that she signed and delivered the said instrument as her free and voluntary act for the uses and purposes therein set forth. y .1 .� GIVEN under m hand and official seal this ay of p � � . > , 2015. Not, -y Publi My Commission Expires: �c� Of OFFICIAL SEAL NANCY P WOLF E ARY PUBLIC - STATE OF ILLINOIS COMMISSION EXPIRESAMMU16 5 Packet Pg. 32 EXHIBIT A OWNERS PROPERTY ATTACH PLAT OF SURVEY El I Packet Pg. 33 1 I 8.B.b I - .. 1". � ... u. sz1_1114K 1101me-5 470 W.'LI'M2TV STREET - P.D. BON 579 NRUCONDA, IL 698B4 PH. 312/526-2B23 PLRT OF SURVEY LOT 435 IN THE WOODLANDS AT FIORE UNIT 7, BEING A SUBDIVISION OF PART OTHE WEST HALF OF THE SOUTHEAST QUARTER AND THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 43 NORTH, RANGE II EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED t-Ta}4,TC I I fts`t , AS DOCUMENT NUMBER IN THE VILLAGE OF BUFFALO GROVE, LAKE COUNTY, ILLINOIS. LEG. THAT PART 01 SURD I VISION AND THE E, TOWNSHIP 4 MERIDIAN, EN ID IAN, 1987 , AS GoI BEGINNING i 10 DEGREES LOT 435, A MINUTES 59 1 DISTANCE OF EASTERLY 01 CONCAVE NOR' DISTANCE 0 SECONDS EAT 54 MINUTES NORTH 10 GEC..___ -- .— ---- -- ----- FEET, TO A POINT ON THE NORTH LINE OF SAID LOT 435; THENCE NORTH 79 DEGREES 33 MINUTES 22 SECONDS WEST, ALONG SAID NORTH LINE, A DISTANCE OF 35DO FEET, TO THE POINT OF BEGINNING, EXCEPTING THEREFROMALL EASEMENTS FOR PUBLIC UTILITIES AND DRAINAGE WHICH WERE PREVIOUSLY DEDICATED BY THE ABOVE DESCRIBED SUBDIVISION, IN THE VILLAGE OF BUFFALO GROVE, LAKE COUNTY, ILLINOIS. CUSTOMER: X—A. G'¢otTp ADDENDA DATE NADER DESC. SCALE:I INCH '4o FEET DRAWN BY:'L:'*. DATE,_ 5 -?-4- -In CHECKED BY01P610 SURVEY NO. SURVEYORS NOTE - DISTANCES DISTCES ARE MARKED IN FEET AND DECIMAL FARTS THEREOF COMPARE ALL POINTS [HIS SURVEY SuDirl T TO RC VIEW [w A BEFOREBUILDINGE AND AT ONCE REPORT ANY DIFFERENCE. REFER To CURMNI TITLE POLICY FOR EXCEPTIONS AN 70 IfE. By SAME ABSTRACT, DEED D LOCAL ORDINANCES FOR BUILDING RESTRICTIONS. ALL LE MOW JAN 3 STATE OF ILLINOIS ) COLWTY OF LAKE )IS 70, ROUTE 22 DEVELOPMENT CORP. TICDR TITLE INSURANCE COMPANY M&MI *eft"t m wn3= j HE LVIN TORCH WE THE BLACKLEDOE GROUP LTD, DO HEREBYCERTIFY CRTIF* THAT PROPERTY E WE SURVEYED THE ABOVE PC DESCRIBED RTY AND THAT THE PLAT HEREON DR"ISACORRECT REPRESENTATIONLND :AA 'Z OF SID SURVEY CORRECTED TO A TEMPERATURE OF 68- EXHIBIT B EASEMENT EXHIBIT (I OF 2) El I Packet Pg. 35 1 8.B,b EXHIBIT B (V' ._ ) EASEMENT EXHIBIT awl «t�Rr1WM co a f, � ✓. x "' w ` %%r w I��Y16Cu.6m' F� ,r ^0b m79(d,ba7• e n pr- f€ A"w. s t� - 17 Cdv"�4a1, ..� 80 wm g�wma k'brs flunrra �W6� :w�' Pp p1�"„g1 Jl" � ACACIA � TERRACE EASEMENT EXHIBIT ......_...."""..."""""""".......,,".,...""„"" ........ ............ .......... BAXTE*OODMAN ConcuM g Enghms �tPN PnmcF[ W ROAD ® C.R"M [A= ¢,6W97 W"'MDAtl9�&AT19.�bF'�&7bW� o- WM'Ma AMi�AA5114pp8 ORAvuH BY., AM CHECKED BY: AEB 6•Ta1: 1743-11 SCALE: JOB NO: CU --lAi p ulBuBYluOnov� ..,...�_..�"..,. 110161.40 Packet Pg. 36 EXHIBIT B E EASEMENT PREMISES (2 OF 2) E w CO CU CO CO I Packet Pg. 37 1 8.B,b LEGAL DESCRIPTION THAT PART OF LOT 435 IN THE WOODLANDS AT FIORE UNIT 7, BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHEAST QUARTER AND THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 7, 1987 AS DOCUMENT 2619621, IN LAKE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 435; THENCE SOUTH 79 DEGREES 33 MINUTES 22 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 435, 35.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE EAST LINE OF AN EXISTING DRAINAGE EASEMENT RECORDED AS DOCUMENT 2666775; THENCE CONTINUING SOUTH 79 DEGREES 33 MINUTES 22 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 435, 15.00 FEET; THENCE SOUTH 10 DEGREES 26 MINUTES 38 SECONDS WEST, 41.24 FEET; THENCE SOUTH 19 DEGREES 54 MINUTES 22 SECONDS WEST, 64.50 FEET; THENCE SOUTH 38 DEGREES 17 MINUTES 53 SECONDS WEST, 76.41 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 435; THENCE NORTHWESTERLY ALONG AN ARC, SAID ARC BEING THE SOUTH LINE OF SAID LOT 435, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 790.00 FEET, AN ARC LENGTH OF 17.63 FEET AND A CHORD LENGTH OF 17.63 FEET BEARING NORTH 83 DEGREES 25 MINUTES 24 SECONDS WEST TO A POINT ON THE EAST LINE OF SAID EXISTING DRAINAGE EASEMENT; THENCE ALONG THE FOLLOWING THREE COURSES BEING THE EAST LINE OF SAID EXISTING DRAINAGE EASEMENT: NORTH 38 DEGREES 17 MINUTES 53 SECONDS EAST, 83.25 FEET; NORTH 19 DEGREES 54 MINUTES 22 SECONDS EAST, 60.83 FEET; NORTH 10 DEGREES 26 MINUTES 38 SECONDS EAST, 40.00 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. Packet Pg. 38 PERMANENT EASEMENT AGREEMENT THIS AGREEMENT, made this day of m_,._..........wa.._ .._ ._. 2015, by and between the VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation, 50 Raupp Boulevard, Buffalo Grove, Illinois, 60089 (hereinafter referred to as the "VILLAGE") and Lin Zhao and Lin Dong, wife and husband, 2771 Acacia Terrace, Buffalo Grove, IL. 60089 (hereinafter referred to as "OWNER"). WITNESSETH: WHEREAS, OWNER, is the owner of certain real estate situated in the Village of Buffalo Grove, County of Lake, State of Illinois, which real estate is legally described and depicted on the Plat of Survey attached hereto as Exhibit "A" and by this reference incorporated herein and made a part hereof, and which real estate shall be referred to hereinafter as the "OWNER'S PROPERTY" and further identified by PIN: 15-17-306- 006-0000, and Lot 434; and WHEREAS, the VILLAGE desires to improve a portion of the drainage system, including but not by way of limitation, streambank stabilization, in, upon, under, along 1 Packet Pg. 39 8.B,c and across the OWNER'S PROPERTY in the location shown on the diagram and labeled "5' Permanent Drainage Easement" attached hereto and made a part hereof as Exhibit B (the "EASEMENT EXHIBIT") (1 of 2) and legally described on Exhibit B (the "EASEMENT PREMISES") (2 of 2); and WHEREAS, the VILLAGE requires a permanent easement for the purpose of improving its drainage system and completing streambank stabilization along Kildeer Creek and maintenance thereto. NOW, THEREFORE, in consideration of the foregoing and for the sum of Ten and no/100 Dollars ($10.00)and other good and valuable consideration paid by the VILLAGE to OWNER, the receipt and sufficiency of which are hereby acknowledged, the parties hereto mutually agree as follows: 1. OWNER hereby grants, conveys, warrants and dedicates to the VILLAGE, its agents, servants, employees, its successors and assigns, a permanent easement to survey, construct, reconstruct, use, operate, maintain, test, inspect, repair, remove, replace, install, or alter a drainage system and streambank stabilization together with related attachments, equipment and appurtenances thereto (drainage system and streambank stabilization and said attachments, equipment and appurtenances hereinafter collectively referred to as the "KILDEER CREEK STREAMBANK STABILIZATION PROJECT" or "PROJECT") subject to the terms and conditions hereinafter set forth, in upon, under, along and across the EASEMENT PREMISES together with all reasonable rights of ingress and egress across any adjoining lands of OWNER necessary for the exercise of the rights herein granted. 2. Upon completion of any construction, the VILLAGE agrees to replace and grade all topsoil removed. All lawn damaged or removed will be replaced by seeding with a good quality seed. Any planting beds, landscape timbers, shrubs, trees or damaged or removed during construction shall be restored to the extent practicable. Turf irrigation systems damaged or removed during construction shall be restored to a functioning condition. 3. All rights, title and privileges herein granted, including all benefits and burdens shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, grantees, successors, assigns and legal representatives. 4. OWNER shall not in any manner disturb, damage, destroy, injure, obstruct, or permit to be obstructed, the KILDEER CREEK STREAMBANK STABILIZATION PROJECT nor obstruct or permit to be obstructed the EASEMENT PREMISES nor in any manner prevent or interfere with the exercise by the VILLAGE of the rights granted herein, at any time whatsoever without the express prior written consent of the VILLAGE. 2 Packet Pg. 40 8.B,c 5. The VILLAGE shall maintain the KILDEER CREEK STREAMBANK STABILIZATION PROJECT for ten (10) years from the date of installation of the PROJECT at which time the VILLAGE shall have no further maintenance responsibility or liability for the PROJECT. 6. This easement is in addition to all other easements shown on that certain Plat of Subdivision for Lot 434 in the Woodlands at Fiore Unit 8 recorded October 7, 1987 as Document No. 2619619, in the Village of Buffalo Grove, Lake County, Illinois and the drainage easement recorded as Document No. 2666774 and to the extent that this additional subject easement falls within other easements, all of said easements shall run concurrently therewith. 7. Also granted herewith is the right to cut, trim or remove trees, bushes and roots as may be reasonably required in conjunction with the rights herein granted, and the right to enter upon said Lot 434 for all such purposes. 8. The undersigned hereby agree that no obstructions shall be placed over the granted facilities or in, upon or over the property within this subject easement with out the prior written consent of the VILLAGE. In addition, after installation of any such facilities by the VILLAGE, the grade of said Lot 434 shall not be altered in a manner which would interfere with the proper operation and maintenance thereof. IN WITNESS THEREOF, the parties hereto have executed this instrument by the y proper V ea ..date first above written. OWNERS and b the ro er officers of the VILLAGE as of t Lin Chao, Owner Lin Dong, i'wnet'� ATTEST: VILLAGE OF BUFFALO GROVE, and Illinois Municipal Corporation Janet Sirabian, Village Clerk THIS DOCUMENT PREPARED BY: Mr. William G. Raysa, Village Attorney Tressler LLP 22 S. Washington Avenue Park Ridge, IL 60068 2/ 18/2015 #101832v1 Jeffrey S. Braiman, Village President 3 RECORDER MAIL TO: Village of Buffalo Grove Village Clerk's Office 50 Raupp Boulevard Buffalo Grove, IL 60089 Packet Pg. 41 8.B,c STATE OF ILLINOIS) SS COUNTY OF LAKE ) I, A�®`U t`L�'�'�'--r , a Notary Public in and for said County, in the State aforesaid, do hereby certify that JEFFREY S. BRAIMAN, personally known to me to be the President of the VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation, and JANET SIRABIAN, personally known to me to be the Village Clerk of the said VILLAGE OF BUFFALO GROVE, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Village Clerk, they signed and delivered said instrument as President and Village Clerk of the VILLAGE OF BUFFALO GROVE, as their free and voluntary act and as the free and voluntary act of said VILLAGE OF BUFFALO GROVE for the uses and purposes therein set forth. GIVEN under my hand and official seal this '"' 2��15 "OFFICIAL SEAL" MARIO FLORES Notary Public - State of Illinois My Commission Exo1res Fahrtm r w ,rya, e My Commission Expires: STATE OF ILLINOIS) COUNTY OF LAKE ) )1 — 7-1z' / SS I� ..............'V 'P J" ........w. .. ""' .............................-.�.M.M...w......�..._.._............_.......�........._._............. a Notary Public in and for said County, in the State aforesaid, do hereby certify that Lin Zhao and Lin Dong personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth. GIVEN under m hand and official seal this 3 da of �../?-C / 015. Y � ,W;...w "OFFICIAL SEAL" MARIO FLORES Notary Public - State of Illinois My Commission Expires; Z -2o 0 c cu Packet Pg. 42 EXHIBIT A OWNERS PROPERTY ATTACH PLAT OF SURVEY El I Packet Pg. 48 1 oZ791 i{eA�iA �RR, $.B,C Ike LL&CM414 s o w __.._LAND SURVEYING DIVISION 479 N. LIBERTY STREET - P.D. BOH 579 l NAUCONDA, IL 69094 PH. 312626-2B13 PLRT OF SURVEY Nm". PIlk' LOT 434 IN THE WOODLANDS APFIORE UNIT B, BEING A SUBDIVISION OF PART OF THE EASI MALE" OF THE. SOUTHWEST QUARTER AND YHR: FAST HALF. OF THE NORTHWEST OUARTER OF SECTION 17, TOWNSHIP 43 1416HTN, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT" THEREOF RECORDED .TA1'OAkMK'II,3,—,, A8 DOCUMENT NUMBS.R ,,I+,Ry,G,pyT",,,.„il.w IN THE VILLAGE OF F'�A,YF'FAL.D GIROVE, LAKE COUNTY, ILLINOIO„ LOT 434 LEGAL DESCRIPTION FOR PROPOSED DRAINAGE EASEMENT THAT PART OF LOT 434 IN THE WOODLANDS AT FIORE UNIT B, BEING A SUBOI VISI ON OF PART OF THE EAST HALF OF THE SOUTHWEST QUARTER AND THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 7, 1997, A8 DOCUMENT NUMBER 2619619, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 4341 THENCE SOUTH 10 DEGREES 26 MINUTES 3B SECONDS WEST, ALONG A EAST LINE OF SAID LOT 434, A DISTANCE OF 100.00 FEETI THENCE SOUTH 45 DEGREES 19 MIWJTCS4 %4 W.CONOIS WESTT',. ALONG A. CAST LINE OF $AID LOT 4346, A DISTANCE Of 94„88 F'C',&w,'C`I T4,RC'E WE'.STEALI UN A CARVE,, "ONRT THE SOUTH LINO OF SAID LOT' 434, CONCAVE NORI'HIOILY, HAVING A RADIOS OF "790..W„xT FEET, AN ARC DISTANCE OF' 30.00 FEET$ THENCE NORTH 36 DEGREES 22 MINUTES 22 SECONDS CAST, A DIB'PANCE OF I,MD.06 FE'ETI 'rHE NCE NOR'IYN 2 DEGREES 51 MINUTES 20 SFC'CNDS WEST, A DIS7A1nfC1E OF' IJ3 32 FEET, T'O A POINT' 04 'T'HE'. NTH LINE OF SAI1I LOT 434E rW;3 E'. SOUF" 79 DE:'GENEE.O 3',J MINUTES 22 IRICONOS DART,. AI.DNR SAID MYRkTH LINF, A DISTANCE OF '7y,.00 FILET, RA TAF POINT OM^' THP„GIIPGNIFd%i, ICE'CEIr'1100 ITHERFPAOP4 ALL, EASEMENTS IF% PUBLIC". UTIL.11'IES AND DRAINAGE WHICH WERE PREVIOUSLY DEDICATED, BY THE ABOVE DESCRIBED SUBDIVISION, IN THE VILLAGE OF BUFFALO GROVE, LAKE COUNTY, I LLINDIS. CI.tJ.'G1a 1C M T 'iL„1. a 4 tea" WI a A' ,F �"rIY DD ry pg AY ,. t p.ry�l� e r r nq B @ tl (/ u ° I. �F "W4 h." w.o tide,. 40" Aft Ga as unm"' CA,. sEC ................. ... .. .. ... wxm ,.rx ,7 77/ RCRCIR �E/2 7- TERRACE SURVEYORS NOTES; 1. THIS SURVEY IS SUBJECT TO REVIEW OF A CURRENT TITLE POLICY FOR EXCEPTIONS TO TITLE. 2. CREEK ALONG THE EASTERLY LINE IS UNDER RE -CONSTRUCTION AT THIS TIME. ADDENDA ADDENDA GATE ORDER DESC. DATE SCALE'.aI INCH,�,. FT„E'T DRAW BY,jft.:' 1-2e-BP ga.a.E DATE. CHECKED !.. 1 BY Go,SURVEY NO,sT _ 2wae., ea is-m ee E:^kiI$tll .;AEA" D167rWCE5 ARE'M4A&ED IN PEE";' dWD DECIH44L PARTS 7NEREOE'. RE ALL. P INTE w BEFORE BUILDING BY S AND AT ONNCY'. REPORT ANY DIFFERENCE. REFER TO ABSTRACT, DIED 4"0 LOCAL DRVI'N00US FOR BUILDING RES'I'RI CTIONII, ALL CERTIFIED PRINTS OF THIS SURVEY BEAR AN IMPRESSED ffAL. ORDER DESC, 14 -oaaa wM 4,IILRR ., Sbs!Gwl n„ IPwn7ur 1A1N0 wRRILaOR ��" I A STATE OF ILLINOIS 1 COUNTY OF LAKE yss y )�.y.•fdd y� VtA� �4 I�P � ,yLa«.dwd5p� ^+ r � n v yCI, TOc TICOR TITLE INSURANCE COMPANY ROUTE 22 DEVELOPMENT CORP. HERMAN J. S01AR 6 BETTE J. SEMAR WE, THE BLACKLEDGE GROUP LTD, DSO HEREBY CERTIFY THAT WE WAVE SURVEYED THE ABOVE DFSCRO BED PROPERTt AND TR41 THE PLAT HEREON DRAW IS A CORRECT REPRESENTATIUN OF SAID SURVEY, CORRECTED TO A TEMPERATURE OF dda EAH'ROAg IT. Packet Pg. 44 EXHIBIT B EASEMENT EXHIBIT (I OF 2) El I Packet Pg. 45 1 EXHIBIT B Easement Exhibit (1 of 2) EASEMENT EXHIBIT ds ILI 10 7 3 006 6 b Penmainent S 02"5120?", Drainage Easement flereby Granted e. R=790.W A=6.16' Ch=O.lV,,- N 89*2356" W MAWO R-790.00' A=85,00' Ch=84.96 8 89'66'05' W ACACIA R=790.DO' PGOM' Ch=30.00' N 60T51 5' W TERRACE I Packet Pg. 46 1 EXHIBIT B EASEMENT PREMISES (2 OF 2) El I Packet Pg. 47 1 EXHIBIT B Easement Premises B.B,c LEGAL DESCRIPTION THAT PART OF LOT 434 IN THE WOODLANDS AT FIORE UNIT 8, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE SOUTHWEST QUARTER AND THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 7, 1987 AS DOCUMENT 2619619, IN LAKE COUNTY, ILLINOTS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 434; THENCE NORTHWESTERLY ALONG AN ARC, SAID ARC BEING THE SOUTH LINE OF SAID LOT 434, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 790.00 FEET, AN ARC LENGTH OF 30.00 FEET AND A CHORD LENGTH OF 30.00 FEET BEARING NORTH 88 DEGREES 05 MINUTES 15 SECONDS WEST TO THE POINT OF BEGINNING; THENCE CONTINUING NORTHWESTERLY ALONG AN ARC, SAID ARC BEING THE SOUTH LINE OF SAID LOT 434, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 790.00 FEET, AN ARC LENGTH OF 6.16 FEET AND A CHORD LENGTH OF 6.16 FEET BEARING NORTH 89 DEGREES 23 MINUTES 56 SECONDS WEST; THENCE NORTH 36 DEGREES 22 MINUTES 23 SECONDS EAST, 89.79 FEET TO A POINT ON THE WESTERLY LINE OF AN EXISTING DRAINAGE EASEMENT RECORDED AS PER DOCUMENT 2666774; THENCE SOUTH 02 DEGREES 51 MINUTES 20 SECONDS EAST ALONG SAID WESTERLY LINE OF AN EXISTING DRAINAGE EASEMENT, 7.91 FEET TO A POINT ON THE WESTERLY LINE OF AN EXISTING DRAINAGE EASEMENT RECORDED AS PER DOCUMENT 2619619; THENCE SOUTH 36 DEGREES 22 MINUTES 23 SECONDS WEST ALONG SAID WESTERLY LINE OF AN EXISTING DRAINAGE EASEMENT (DOCUMENT 26169619), 80.06 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. Part of P . I . N .: 15-17-306-006 2771 Acacia Terrace, Buffalo Grove, IL 60089 Packet Pg. 48 8.B.d RESOLUTION NO. 2015 - A RESOLUTION APPROVING THE EASEMENT AGREEMENTS FOR THE STREAMBANK STABILIZATION PROJECT ON ACACIA TERRACE WHEREAS, easements from the owners of property on Acacia Terrace are necessary to permit the Kildeer Creek Streambank Stabilization Project to proceed; and, WHEREAS, the Village needs to approve and accept the required easement agreements. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COUNTIES OF COOK AND LAKE, STATE OF ILLINOIS, that the Village President and Village Clerk are hereby authorized and directed to execute the Easement Agreements which said Agreements are attached hereto and made a part hereof AYES: NAYS: ABSENT: PASSED: 2015 APPROVED: 2015 ATTEST: Village Clerk APPROVED: Jeffrey S. Braiman, Village President c as E as as Q as E d U) �a w d �a L as 2 U M U a 0 Lh 0 N 1 Packet Pg. 49 8.0 Resolution No. R-2015-11: Reallocating 2015 Volume Cap to the Village of Buffalo Grove, Illinois ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: Allows the transfer of the Village's 2015 Private Activity Bond allocation from the State of Illinois to the Clearinghouse Pool. The allocation provided by the State is $100 per capita. ATTACHMENTS: • 2015 Volume Cap Resolution (DOC) • Buffalo Grove - Reallocation of Volume Cap 2015 (DOCX) Trustee Liaison Staff Contact Trustee Terson Dane Bragg, Office of the Village Manager Monday, April 6, 2015 Updated: 4/3/2015 8:43 AM Page 1 Packet Pg. 50 FROM: Jennifer Maltas, Deputy Village Manager DATE: April 6, 2015 RE: 2015 Volume Cap Rollover By May of each year, each Home -Rule unit with less than 2,000,000 inhabitants must report to the Governor's Office on volume cap granted, transferred, or reserved by official action of the unit's governing body. The attached resolution requests that the Village transfer its 2015 bond allocation to the Private Activity Bond Clearinghouse Pool, hosted by the Village of Buffalo Grove. In 2001, Lake County, Lake County Partners, and the Lake County Municipal League entered into a joint agreement with interested Lake County Home Rule Communities to structure a Private Activity Bond Clearinghouse, hosted by a home rule community - the Village of Buffalo Grove. Applications are reviewed by an Advisory Committee, and ranked based on objective criteria such as job creation, amount to be invested in real estate, other sources of funding available for the project, and other factors. Should the Clearinghouse pool be over subscribed, the groups would work with the prospective borrower to secure alternate funding through the Illinois Development Finance Authority, Illinois Dept. of Commerce & Economic Opportunity, State Treasurer's Office, or Small Business Administration. Each participating community will receive 0.5% fee for their cap when it is allocated to fund a project. The Village retains the right to reserve private activity volume cap for its own use on an annual basis, if desirable. The hosting of the pool does not impose a financial obligation upon the Village. Since its inception, the Private Activity Bond Clearinghouse has funded approximately $166 million in local projects, which has resulted in the following: 1. Construction of 360,000 sq.ft. of new manufacturing space 2. Creation of 648 new manufacturing jobs 3. Renovation of 1,600 multi -family dwelling units 4. Purchase of an estimated 251 homes by "first-time homebuyers" 5. Expansion of a Montessori School; and more. Available volume cap will continue to be marketed for availability to local businesses, local Chambers, real estate representatives, and Chicagoland's network of investment bankers and bond counsels. With the exception of the portion of the cap that is earmarked for multi -family projects, projects will be prioritized based on 1) manufacturing projects; 2) affordable housing projects; and 3) qualifying, fee -generating projects outside of Lake County. -1- Packet Pg. 51 8.C.b VILLAGE OF BUFFALO GROVE RESOLUTION NO.2015- A RESOLUTION OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS REALLOCATING 2015 VOLUME CAP TO THE VILLAGE OF BUFFALO GROVE, ILLINOIS. WHEREAS, the Village of Buffalo Grove, located in Cook and Lake Counties, Illinois the ("Municipality"), is a municipality and a home rule unit of government duly organized and validly existing under Section 6(a) of Article VII of the 1970 Constitution and laws of the State of Illinois; and WHEREAS, certain tax exempt private activity bonds may be issued only if sufficient volume cap pursuant to Section 146 of the Internal Revenue Code of 1986, as amended (the "Code"), is available for the bonds; and WHEREAS, pursuant to the Code, the Municipality has been allocated volume cap equal to $100.00 per resident of the Municipality in calendar year 2015, or $4,177,800 for the issuance of such tax exempt private activity bonds; and WHEREAS, pursuant to Section 6 and Section 6.1 of the Illinois Private Activity Bond Allocation Act, 30 ILCS 345/1 et seq. (the "Bond Allocation Act"), and the Guidelines and Procedures promulgated thereunder, the Municipality may, prior to May 1, 2015, reallocate to other home rule units of government the volume cap allocated to the Municipality by the Code for their issuance of such tax exempt private activity bonds or for subsequent transfer or reallocation; and WHEREAS, the Municipality has not used any of its 2015 volume cap and has no present intention to use the same; and WHEREAS, the Lake County Partnership for Economic Development, Inc. has offered Lake County home rule communities the opportunity to participate in a program to combine their respective volume cap allocations and create a Private Activity Bond Clearinghouse Pool (the "Pool") to facilitate the issuance of tax-exempt private activity bonds to finance manufacturing and multi -family housing commercial projects in Lake County, Illinois, for economic development purposes ("Eligible Projects"); and WHEREAS, the Village of Buffalo Grove, a home rule unit of government ("Buffalo Grove"), pursuant to its Resolution No. 2001-51 adopted December 17, 2001, agreed to host the Pool and to reserve its own volume cap, and accept volume cap reallocated to Buffalo Grove by other home rule units of government, for the issuance of tax-exempt private activity bonds placed through the Pool to finance Eligible Projects; and WHEREAS, Buffalo Grove has requested that the Municipality reallocate all of its 2015 volume cap to Buffalo Grove to be used for the issuance of tax-exempt private activity bonds placed through the Pool to finance Eligible Projects; NOW, THEREFORE, BE IT RESOLVED BY BUFFALO GROVE, ILLINOIS, AS FOLLOWS: IF 0 0 fA d Q. M U d E 0 0 N Packet Pg. 52 8.C.b SECTION ONE: RECITALS. The foregoing recitals are incorporated in and made a part of this Resolution by this reference as findings of the Village Board. SECTION TWO: TRANSFER AND REALLOCATION OF 2015 VOLUME CAP. Pursuant to Section 6 and Section 6.1 of the Bond Allocation Act and the Guidelines and Procedures promulgated thereunder, the Municipality irrevocably agrees to, and does hereby, transfer and reallocate all of its 2015 volume cap to Buffalo Grove to be used for the issuance of tax-exempt private activity bonds placed through the Pool to finance Eligible Projects as directed by the Advisory Committee created pursuant to Buffalo Grove Resolution No. 2001-51. SECTION THREE: AGREEMENT. This Resolution shall constitute the agreement of the Municipality to a different allocation under Section 146(e) (3) of the Code and the writing required under Section 6 of the Bond Allocation Act. SECTION FOUR: WARRANTY. The Municipality covenants and warrants that it has taken no action or issued bonds that would abrogate, diminish, or impair its ability to fulfill the written agreement, covenants, and undertakings on its part under this Resolution. SECTION FIVE: AUTHORIZATION. As required by the Bond Allocation Act and the Guidelines and Procedures promulgated thereunder, a certified copy of this Resolution shall be transmitted to the Office of the Governor of the State of Illinois. Any and all appropriate and proper officers, officials, agents, and employees of the Municipality are hereby authorized, empowered, and directed to take all necessary and advisable actions, and to execute all such documents and certificates, as may be necessary to further the purposes and intent of this Resolution. SECTION SIX: MAINTAIN RECORD. The Municipality shall maintain a written record of this Resolution in its records for so long as the bonds to which the volume cap transferred by this Resolution is reallocated remain outstanding. SECTION SEVEN: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval as required by law and is enacted by the Municipality pursuant to its powers under the laws of the State of Illinois and the Illinois Constitution of 1970 and its home rule powers. PASSED THIS DAY OF 12015 AYES: NAYS: ABSENT: PASSED THIS DAY OF , 2015 ATTEST: Village Clerk Village President Packet Pg. 53 8.D Resolution No. R-2015-12: Kilmer Park Plat of Easement ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval of the Resolution for Acceptance of the Plat of Easement for Storm Sewers and Utilities within the Buffalo Grove Park District Kilmer Park. SUMMARY: The Kilmer Park Improvement Project was completed in 2014 by the Buffalo Grove Park District. As part of the project, the Park District was required to grant a storm sewer easement to the Village for the existing storm sewer that was already located within the park. ATTACHMENTS: • Resolution Kilmer Park (PDF) • Plat of Easement with signatures (PDF) Trustee Liaison Staff Contact Trustee Stein Darren Monico, Public Works Monday, April 6, 2015 Updated: 4/3/2015 8:43 AM Page 1 Packet Pg. 54 8.D.a 3/26/2015 RESOLUTION NO. 2015 - A RESOLUTION APPROVING THE PLAT OF EASEMENT FOR STORM SEWER AND UTILITIES FOR THE KILMER PARK IMPROVEMENT PROJECT WHEREAS, easements from the owner of Kilmer Park, the Buffalo Grove Park District, are necessary to permit the Kilmer Park Improvement Project to proceed; and, WHEREAS, the Village needs to approve and accept the required Plat of Easement for Storm Sewers and Utilities. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COUNTIES OF COOK AND LAKE, STATE OF ILLINOIS, that the Village President and Village Clerk are hereby authorized and directed to execute the Plat of Easement for Storm Sewers and Utilities which said plat is attached hereto and made a part hereof. AYES: NAYS: ABSENT: PASSED: , 2015 APPROVED: 2015 ATTEST: Village Clerk APPROVED: Jeffrey S. Braiman, Village President c d E a) N W `1 0 a L a� E Y N Lb 0 N Y L a. L E Y c 0 0 d c as E s �a a 1 Packet Pg. 55 s �a mm uF ,Y' x 9.A Resolution No. R-2015-13: Amended and Restated Venture Agreement - Northwest Central Dispatch System ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval of a resolution authorizing the amendment and restatement of the Venture Agreement covering the operation of the Northwest Central Dispatch System. This agreement provides for certain updates to reflect current practices. The member communities of Northwest Central Dispatch System have a long history of sharing resources, technology and intellectual property for the benefit of their residents and businesses. At present, the member communities share computer aided dispatch, modern radio systems, station alerting and other emergency response services. The agency is now exploring the development of an emergency management program to enhance disaster planning, training, development and response services. The attached Venture Agreement has been reviewed and modified to permit this use, as well as to update certain areas of the agreement to reflect current practice. Legal counsel for NWCDS has reviewed the agreement as proposed and recommends its approval. A copy of the redline version showing material changes to the original agreement is attached as well. The agreement was unanimously approved by the NWCDS Board of Directors on March 19, 2015. Each member agency's corporate authorities must also approve a resolution in support of the agreement. ATTACHMENTS: • Resolution Approving Amended and Restated Agreement Template (DOCX) • Amended and Restated NWCDS Venture Agreement (DOCX) • Venture Agreement Amendment Memorandum (DOCX) • REDLINE_venture_IGA 3-19_compared_to 2009__2_ (PDF) Trustee Liaison Staff Contact Trustee Trilling Dane Bragg, Office of the Village Manager Monday, April 6, 2015 Updated: 4/3/2015 8:43 AM Page 1 Packet Pg. 57 636124v1 9.A.a RESOLUTION NO. A RESOLUTION APPROVING AN AMENDED AND RESTATED AGREEMENT FOR THE NORTHWEST CENTRAL DISPATCH SYSTEM a£i a� a� WHEREAS, the Village President and Board of Trustees previously authorized a L C certain venture agreement to provide for and maintain a central emergency dispatch operation known as Northwest Central Dispatch System, hereinafter referred to as L) z "NWCDS"; and 0 WHEREAS, NWCDS has proven successful in providing emergency communications services for the Village of Buffalo Grove; and 2 WHEREAS, the NWCDS Board of Directors has unanimously recommended approval of the AMENDED AND RESTATED NORTHWEST CENTRAL DISPATCH SYSTEM VENTURE AGREEMENT, a copy of which is attached hereto as Exhibit A, and incorporated into this resolution; NOW THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, as follows: SECTION ONE: The above recitals are incorporated into the body of this resolution as if fully set forth. SECTION TWO: That the AMENDED AND RESTATED NORTHWEST CENTRAL DISPATCH SYSTEM VENTURE AGREEMENT, attached as Exhibit A hereto (the "Agreement") is hereby approved. SECTION THREE: The Village President is authorized to execute the Agreement. 1 Packet Pg. 58 636124v1 9.A.a SECTION FOUR: The Village President and Village Manager are hereby authorized and directed to take any and all steps necessary to implement this Agreement and carry out this resolution. PASSED the day of . 2015. APPROVED the day of . 2015. ATTEST: Janet Sirabian, Village Clerk AYES: NAYS: ABSENT: 2 Jeffrey S. Braiman, Village President Packet Pg. 59 9.A.b 03/19/2015 "EXHIBIT A" Amended and Restated NORTHWEST CENTRAL DISPATCH SYSTEM VENTURE AGREEMENT THIS AGREEMENT ("Agreement" or "Amended and Restated Agreement"), entered into on the effective date hereinafter set forth, by and between the local governments signatory as 1= hereto and also those which may hereafter become signatory hereto ("Members" or "Parties"): L a� a WITNESSETH: c m WHEREAS, a Central Dispatching System has existed in Northwestern Cook County and > CO U in parts of DuPage, Kane and Lake Counties since 1972; and z WHEREAS, the Parties entered into a Venture agreement on May 12, 2009, being the r uh 0 date the last party signed the venture agreement (hereinafter the "2009 Agreement"); WHEREAS, such System has been demonstrated to be of great value to its constituent a municipalities, the signatories hereto; and WHEREAS, the addition of another municipality to the System will provide for more efficient and economical dispatching of life and property saving services; and WHEREAS, the cost of providing and maintaining a central dispatching system is probably excessive for any one of such signatories; and WHEREAS, a centralized police, fire and other emergency dispatching system can adequately serve the needs of all of such signatories; and WHEREAS, Article VII, Section 10 of the 1970 Constitution of the State of Illinois and the Intergovernmental Cooperation Act, 5 ILCS 220/1 through 220/9, authorize joint exercise be two or more local governments of any power common to them; WHEREAS, it is the desire of the signatories hereto to jointly provide for and maintain a central dispatching system for their mutual advantage and concern; and 1 Packet Pg. 60 9.A.b 03/19/2015 "EXHIBIT A" WHEREAS, the Parties desire to update the purpose clause of this agreement and the method for adopting and amending the bylaws by the adoption of this Amended and Restated NORTHWEST CENTRAL DISPATCH SYSTEM VENTURE AGREEMENT. c NOW, THEREFORE, for and in consideration of the premises, the mutual advantages to E a� d L be derived therefrom and in consideration of the mutual covenants herein contained, it is Q a� L agreed by and between the parties hereto as follows: CO 1. Venture Established. Pursuant to the joint powers authorization of the Illinois Constitution and the Intergovernmental Cooperation Act, 5 ILCS 220/1 through 5 ILCS 220/9, z M T the undersigned do hereby federate together in a cooperative venture for the joint and mutual c N X operation of a centralized communications system; the joint purchasing or sharing of services which relate to the members' police, firefighting, emergency management, and/or public safety functions; to provide such services on a contract basis to other governmental units who are not Members; and to provide a forum for discussion, study, development and implementation of recommendations of mutual interest regarding communications, information systems, and statistical matters within portions of Cook, DuPage, Kane and Lake Counties, Illinois. This venture shall be known as "Northwest Central Dispatch System" (hereinafter designated as NWCDS) which shall consist of all of the local governments which may hereafter become signatory hereto. 2. By -Laws. NWCDS shall be subject to and shall be governed by certain By -Laws, the current By-laws in existence as of the date of this amended and restated agreement are attached hereto as Exhibit "A". The By -Laws attached as exhibit A shall be the By -Laws upon the effective date of this Amended and Restated Agreement. The Bylaws may be amended by 2 Packet Pg. 61 9.A.b 03/19/2015 "EXHIBIT A" the Board of Directors as set forth below. The Bylaws, as may be amended from time to time by the Board of Directors, shall be binding on the Members as if fully set forth in this Agreement.. 3. NWCDS Participation. Each participating local government of the Central Dispatching c System (and each local government which may hereafter sign after approval as required by the E as d L By -Laws, provided such local governments are eligible to participate pursuant to said By -Laws) Q as L is a member of NWCDS and is entitled to the rights and privileges and subject to the obligations CO of membership, all as provided in said By -Laws. 4. Termination. Any party to this agreement may cease to be a party hereto and may Z M T withdraw from participation in NWCDS in the manner and means set forth in said By -Laws. c N W 5. Powers of the System. NWCDS shall have the power in its own name to make and enter into contracts, to employ agents and employees, to acquire, hold and dispose of property, real and personal, and to incur debts, liabilities or obligations necessary for the accomplishment of its purposes, but no such contract, employment, purchase, debt, liability or obligation shall be binding upon or obligate any member except as authorized by the this Agreement or the By - Laws. NWCDS shall not have the power of eminent domain or the power to levy taxes. 6. Board of Directors. There is hereby established a Board of Directors which shall consist of one director on behalf of each Member. The manager or administrator of each Member shall be its director. However, each Member may designate a different person as the director by appropriate action of the Member's corporate authorities. Each Member shall also designate an alternate director to act on its behalf in the absence of its director. Directors shall serve without salary, but each may be reimbursed for necessary expenses incurred in 3 Packet Pg. 62 03/19/2015 "EXHIBIT A" 9.A.b connection with NWCDS business. The Board of Directors shall have the following powers and duties: a. To determine general policy and procedures of NWCDS and the board of directors consistent with this Venture Agreement, and to exercise any power related to the operation of the NWCDS which is not reserved in this agreement to the Members acting through their respective corporate authorities; b. To provide for an executive committee and officers in the By -Laws; c. To approve amendments to the By -Laws; d. To approve the annual budget of NWCDS. e. To hire, supervise and discipline an executive director f. To hire auditors; g. To hire a general counsel for the agency and such other attorneys as it deems necessary; h. To approve new members of the NWCDS upon such new member's approval and execution of this Agreement, by a % vote of all members of the board of directors; i. To approve the provision of services to non-members by contract; j. To provide for contracting and purchasing procedures as it sees fit; 7. Amendments to this Agreement. This Agreement may not be amended, except by the written agreement and resolution of all of the then parties to it. However, the By -Laws attached hereto as Exhibit "A" may be amended from time to time by the method and means provided herein, provided such amendments do not conflict with the terms set forth in this Agreement 8. Amendments to the By -Laws. Any member of the Board of Directors or any member of the Executive Committee may propose an amendment to the By -Laws. No amendment, however, shall be in conflict with or purport to amend this agreement in any way Amendments to the By -Laws shall be made only upon a three -fourths (3/4) vote of the members of the Board of Directors then holding office. The chairman of the board of directors shall have only one (1) vote on a motion to amend the By -Laws, even in the case of a tie. IT Packet Pg. 63 9.A.b 03/19/2015 "EXHIBIT A" 9. Duration. This Agreement and NWCDS shall continue in effect until rescinded by unanimous consent of the then parties or until terminated in the manner provided in said By - Laws. Upon such termination, the assets remaining shall be disposed of in the manner set forth c in the said By -Laws. E as d L 10. Enforcement. Each member shall have the right to enforce this Agreement against any Q a� L other member. If suit is necessary therefore, a defaulting member shall pay reasonable CO attorney's fees to NWCDS as adjudicated by the Court. 11. Authorization. Prior to execution of this Agreement, each member shall deliver to the Z M T other a certified copy of a suitable ordinance or resolution authorizing and directing the c N W execution of this Agreement. 12. Entire Agreement. This instrument contains the entire agreement between the Parties relating to the rights granted herein and the obligations herein assumed. Any oral representations or modifications concerning this instrument and any prior agreements between the parties related to the NWCDS shall be of no force and effect. 13. Severability. Invalidation by judgment or court order of any one or more of the covenants or restrictions contained herein shall in no way affect any other provisions which shall remain in full force and effect. 14. Governing Law. The laws of the State of Illinois shall govern the terms of this Agreement both as to interpretation and performance. 15. Notices. All notices provided for herein shall be served upon the Parties by personal delivery, email, fax or Certified United States mail, return receipt requested, by sending said 5 Packet Pg. 64 03/19/2015 "EXHIBIT A" 9.A.b notice to the mayor, president, manager, administrator or statutory head of the public body at the Members' principal office. Notices shall be deemed given when sent. 16. No Waiver of Tort Immunity. Nothing contained in this Agreement is intended to constitute nor shall constitute a waiver of the rights, defenses, and immunities provided or available to either Party under the Illinois Local Governmental and Governmental Employees Tort Immunity Act with respect to claims by third parties. 17. No Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the Parties, and nothing in this Agreement is intended, either expressly or impliedly, to provide any right or benefit of any kind whatsoever to any person or entity who is not a party to this Agreement, or to acknowledge, establish, or impose any legal duty to any third party. 18. Counterparts. This Agreement may be executed in counterparts that, taken together, will be effective as if they were a single document. Signatures transmitted by a .pdf file or facsimile shall be treated as originals. 19. Effective Date. This Amended and Restated Venture Agreement shall become effective when signed by all of the respective representatives of the current Members: Village of Arlington Heights, Village of Buffalo Grove, Village of Elk Grove Village, Village of Hoffman Estates, Village of Inverness, Village of Mount Prospect, Village of Palatine, City of Prospect Heights, City of Rolling Meadows, Village of Schaumburg and Village of Streamwood. The 2009 Agreement shall remain in full force and effect until the Effective Date of this Amended and Restated Venture Agreement. On the Effective Date, this Amended and Restated Agreement shall replace the 2009 Agreement. R Packet Pg. 65 03/19/2015 "EXHIBIT A" 9.A.b IN WITNESS WHEREOF, the undersigned local governments have set their signatures on the respective dates set forth below. This document may be signed in duplicate originals. 7 Packet Pg. 66 03/19/2015 9.A.b "EXHIBIT A" VILLAGE OF ARLINGTON HEIGHTS By: ATTEST: Date: Packet Pg. 67 03/19/2015 9.A.b "EXHIBIT A" ATTEST: Date: VILLAGE OF BUFFALO GROVE 0 Packet Pg. 68 03/19/2015 9.A.b "EXHIBIT A" ATTEST: Date: VILLAGE OF ELK GROVE VILLAGE 10 Packet Pg. 69 03/19/2015 9.A.b "EXHIBIT A" ATTEST: Date: VILLAGE OF HOFFMAN ESTATES 11 Packet Pg. 70 03/19/2015 9.A.b "EXHIBIT A" ATTEST: Date: VILLAGE OF INVERNESS 12 U Packet Pg. 71 03/19/2015 9.A.b "EXHIBIT A" ATTEST: Date: VILLAGE OF MOUNT PROSPECT 13 Packet Pg. 72 03/19/2015 "EXHIBIT A" 9.A.b NORTHWEST CENTRAL DISPATCH SYSTEM VENTURE AGREEMENT ATTEST: Date: VILLAGE OF PALATINE By: 14 Packet Pg. 73 03/19/2015 9.A.b "EXHIBIT A" ATTEST: Date: CITY OF PROSPECT HEIGHTS 15 Packet Pg. 74 03/19/2015 9.A.b "EXHIBIT A" ATTEST: Date: CITY OF ROLLING MEADOWS 16 Packet Pg. 75 03/19/2015 9.A.b "EXHIBIT A" ATTEST: Date: VILLAGE OF SCHAUMBURG 17 U Packet Pg. 76 03/19/2015 9.A.b "EXHIBIT A" ATTEST: Date: #635470 VILLAGE OF STREAMWOOD 92 IT: Packet Pg. 77 9.A.c Date: March 20, 2015 To: NWCDS Board of Directors From: Cindy Barbera-Brelle - Executive Director RE: Venture Agreement Amendment For some time, members of the NWCDS Board of Directors have discussed their desire to share services which are related to our municipal members' public safety functions and the core public safety function of the agency. There has been a desire to share these services if they can be shared in a way which is fiscally prudent for all involved. There is also the desire to allow Members to decline to participate in shared services, but still allow others to do so. One such service which may be shared among some Members is the employment of an emergency services coordinator as required by the Illinois Emergency Management Agency Act. As those discussions progressed, it became clear that the mission statement set forth in the venture agreement is too narrow to allow additional shared services. At its March 19, 2015 meeting, the Board of Directors moved to recommend updating the venture agreement to expand the scope of services that NWCDS is capable of providing. Attached is a copy of the Amended and Restated Venture Agreement which the board approved at the March 19tn meeting. Also attached is a template resolution for use by the municipal members in approving the amended agreement. In addition to expanding the mission scope, the agency's general counsel has recommended that the agreement be amended to conform to certain longstanding practices of the agency. The following amendments are recommended by the board of directors: • Purpose clause. Expansion of the purpose clause of the organization to include joint purchasing or sharing of services which relate to the members' police, firefighting, emergency management. (Sec. 1). • By -Laws. To clarify the process for By -Laws amendments and admission of new members. (Sec. 2, 6(h)). • Board of Directors. To set out the composition of the board of directors and the powers and duties of the board. (Sec. 6). • Contract Boilerplate. To add typical contract provisions for Entire Agreement, Severability, Governing Law, Notices, No Waiver of Tort Immunity, No Third Party Beneficiaries and execution in Counterparts. (Sec. 12-18). Packet Pg. 78 9.A.c MEMORANDUM NWCDS BOARD OF DIRECTORS The agreement still contains the key provision that "no such contract, employment, purchase, debt, liability or obligation shall be binding upon or obligate any member." (Sec. 5). Once the agreement is amended, the Board of Directors will set about the process of updating the By -Laws. The By -Laws amendment will include a general update to make sure that By -Laws conform to the amended agreement and existing practices. They will also incorporate processes to address any shared services as well as appropriate safeguards to insulate Members who do not participate in shared services. Original signatures on the Amended and Restated Venture Agreement are required. I have included twelve (12) copies of the Venture Agreement page that your Village President/Mayor will need to sign. When the certified copy of the Resolution and the Venture Agreement signature pages are ready please call me and I will make arrangements to pick them up. E Packet Pg. 79 3 19 2015 9.A.d Amended and Restated NORTHWEST CENTRAL DISPATCH SYSTEM VENTURE AGREEMENT THIS AGREEMENT, ("Agreement" or "Amended and Restated Agreement"), entered into on the effective date hereinafter set forth, by and between the local governments signatory hereto {and also those which may hereafter become signatory hereto ("Members" or "Parties"): hil/r1111101a .1ar:I WHEREAS, a Central Dispatching System has existed in Northwestern Cook County and in parts of DuPage, Kane and Lake Counties since 1972; and WHEREAS, the Parties entered into a Venture agreement on May 12, 2009, being the date the last party signed the venture agreement (hereinafter the "2009 Agreement"); WHEREAS, such System has been demonstrated to be of great value to its constituent municipalities, the signatories hereto; and WHEREAS, the addition of another municipality to the System will provide for more efficient and economical dispatching of life and property saving services; and WHEREAS, the cost of providing and maintaining a central dispatching system is probably excessive for any one of such signatories; and WHEREAS, a centralized police, fire and other emergency dispatching system can adequately serve the needs of all of such signatories; and WHEREAS, Article VII, Section 10 of the 1970 Constitution of the State of Illinois and the Intergovernmental Cooperation Act, 5 ILCS 220/1 through 220/9, authorize joint exercise be two or more local governments of any power common to them; a -A Packet Pg. 80 9.A.d WHEREAS, it is the desire of the signatories hereto to jointly provide for and maintain a central dispatching system for their mutual advantage and concern -.Land WHEREAS, the Parties desire to update the purpose clause of this agreement and the method for adoatinR and amending the bvlaws by the adoption of this Amended and Restated NORTHWEST CENTRAL DISPATCH SYSTEM VENTURE AGREEMENT. NOW, THEREFORE, for and in consideration of the premises, the mutual advantages to be derived therefrom and in consideration of the mutual covenants herein contained, it is agreed by and between the parties hereto as follows: 1. i. Venture Established. Pursuant to the joint powers authorization of the Illinois Constitution and the Intergovernmental Cooperation Act, 5 ILCS 220/1 through 5 ILCS 220/9, the undersigned do hereby federate together in a cooperative venture for the joint and mutual operation of a centralized communications system, ; the loint purchasing or sharing of services which relate to the members' police, firefighting, emergency management, and/or public safety functions; to provide such services on a contract basis to other governmental units who are not Members: and to Drovide a forum for discussion. studv. develoament and implementation of recommendations of mutual interest regarding communications, information systems. and statistical matters within Dortions of Cook. DuPaee. Kane and Lake Counties, Illinois. This venture shall be known as "Northwest Central Dispatch System" (hereinafter designated as NWCDS) which shall consist of all of the local governments which may hereafter become signatory hereto. 2. 2. —By-Laws. NWCDS shall be subject to and shall be governed by certain By -Laws, a eepy-the current By-laws in existence as of w�the date of this amended and restated 2 Packet Pg. 81 9.A.d agreement are attached hereto as Exhibit "A" and by this ref Fene- , FRade a paFt". The By -Laws attached as exhibit A shall be the By -Laws upon the effective date of this Amended and Restated Agreement, tegetheF with aRy amendmeRts, whk-" The Bylaws may be M.-ade to Said By 6awsin the Ter—a„d—means thereamended by the Board of Directors as set forth - below. The Bylaws, as may be amended from time to time by the Board of Directors, shall be binding on the Members as if fullv set forth in this Agreement.. 3. :NWCDS Participation. Each participating local government of the Central Dispatching System (and each local government which may hereafter sign after approval as required by the By -Laws, provided such local governments are eligible to participate pursuant to said By -Laws) is a member of NWCDS and is entitled to the rights and privileges and subject to the obligations of membership, all as provided in said By -Laws. 4. 4. Termination. Any party to this agreement may cease to be a party hereto and may withdraw from participation in NWCDS in the manner and means set forth in said By -Laws 5. 5 Powers of the System. NWCDS shall have the power in its own name to make and enter into contracts, to employ agents and employees, to acquire, hold and dispose of property, real and personal, and to incur debts, liabilities or obligations necessary for the accomplishment of its purposes, but no such contract, employment, purchase, debt, liability or obligation shall be binding upon or obligate any member except as authorized by the +attached this Agreement or the By -Laws._ NWCDS shall not have the power t-eof eminent domain or the power to levy taxes. 6. GBoard of Directors. There is hereby established a Board of Directors which shall consist of one director on behalf of each Member. The manager or administrator of each 3 Packet Pg. 82 9.A.d Member shall be its director. However, each Member may designate a different person as the director by appropriate action of the Member's corporate authorities. Each Member shall also designate an alternate director to act on its behalf in the absence of its director. Directors shall serve without salarv. but each may be reimbursed for necessary expenses incurred in connection with NWCDS business. The Board of Directors shall have the following powers and rh itiac- a. To determine general policy and procedures of NWCDS and the board of directors consistent with this Venture Agreement, and to exercise any power related to the operation of the NWCDS which is not reserved in this agreement to the Members acting through their respective corporate authorities; b. To provide for an executive committee and officers in the By -Laws; c. To approve amendments to the By -Laws; d. To approve the annual budget of NWCDS. e. To hire, supervise and discipline an executive director f. To hire auditors; To hire a eeneral counsel for the aeencv and such other attornevs as it deems necessary; h. To approve new members of the NWCDS upon such new member's approval and execution of this Agreement, by a % vote of all members of the board of directors; i. To approve the provision of services to non-members by contract; i. To provide for contracting and purchasing procedures as it sees fit; 6-.7. Amendments. to this Agreement. This Agreement may not be amended, except by the written agreement and resolution of all of the then parties to it. However, the By -Laws attached hereto as Exhibit "A" may be amended from time to time by the method and means provided herein, provided such amendments do not conflict with the terms set forth in this Agreement exr-A-HoTMe-ef Sa,- Exhahart "All . M Packet Pg. 83 9.A.d 8. Amendments to the By -Laws. Any member of the Board of Directors or any member of the Executive Committee may propose an amendment to the By -Laws. No amendment, however, shall be in conflict with or purport to amend this agreement in any way. Amendments to the By -Laws shall be made only upon a three -fourths (3/4) vote of the members of the Board of Directors then holding office. The chairman of the board of directors shall have only one (1) vote on a motion to amend the By -Laws. even in the case of a tie. -7-.9. Duration. This Agreement and NWCDS shall continue in effect until rescinded by unanimous consent of the then parties or until terminated in the manner provided in said By - Laws. Upon such termination, the assets remaining shall be disposed of in the manner set forth in the said By -Laws. 8-.10. 8. Enforcement. Each member shall have the right to enforce this Agreement against any other member. If suit is necessary therefore, a defaulting member shall pay reasonable attorney's fees to NWCDS as adjudicated by the Court. 11.Q Authorization. Prior to execution of this Agreement, each member shall deliver to the other a certified copy of a suitable ordinance or resolution authorizing and directing the execution of this Agreement. 12.10Entire Agreement. This instrument contains the entire aereement between the Parties relating to the rights granted herein and the obligations herein assumed. Any oral resentations or modifications concernine this instrument and anv prior a between the parties related to the NWCDS shall be of no force and effect. 5 ments Packet Pg. 84 9.A.d 13. Severability. Invalidation by judgment or court order of any one or more of the covenants or restrictions contained herein shall in no way affect any other provisions which shall remain in full force and effect. 41 c a) 14. Governing Law. The laws of the State of Illinois shall govern the terms of this E as d L Agreement both as to interpretation and performance. Q as L 15. Notices. All notices provided for herein shall be served upon the Parties by personal CO delivery, email, fax or Certified United States mail, return receipt requested, by sending said L) U Z notice to the mayor, president, manager, administrator or statutory head of the public body at the Members' principal office. Notices shall be deemed given when sent. o N 16. No Waiver of Tort Immunity. Nothing contained in this Agreement is intended to i constitute nor shall constitute a waiver of the rights, defenses, and immunities provided or available to either Party under the Illinois Local Governmental and Governmental Employees Tort Immunity Act with respect to claims by third parties. 17. No Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the Parties, and nothing in this Agreement is intended, either expressly or impliedly, to provide any right or benefit of any kind whatsoever to any person or entity who is not a party to this Agreement, or to acknowledge, establish, or impose any legal duty to any third party. 18. Counterparts. This Agreement may be executed in counterparts that, taken together, will be effective as if they were a single document. Signatures transmitted by a .Pdf file or facsimile shall be treated as originals. 449,19. Effective Date. This Amended and Restated Venture Agreement shall become effective when signed by all of the respective representatives of the current Members: Village R Packet Pg. 85 9.A.d of Arlington Heights, Village of Buffalo Grove, Village of Elk Grove Village, Village of Hoffman Estates, Village of Inverness, Village of Mount Prospect, Village of Palatine, City of Prospect Heights, City of Rolling Meadows, Village of Schaumburg and Village of Streamwood. The 2009 reement shall remain in full force and effect until the Effective Date of this Amended and Restated Venture Agreement. On the Effective Date, this Amended and Restated Agreement shall replace the 2009 Agreement. IN WITNESS WHEREOF, the undersigned local governments have set their signatures on the respective dates set forth below. This document may be signed in duplicate originals. SIGNATURE PAGES EXCLUDED FROM REDLINE 7 Packet Pg. 86 9.A.d VILLAGE OF ARLINGTON HEIGHTS ATTEST: Date: c a� E d d L Q L C d U) Ls VA _M O O N w il Packet Pg. 87 9.A.d VILLAGE OF BUFFALO GROVE ATTEST: Date: is i _M O O N w il Packet Pg. 88 9.A.d ATTEST: Date: VILLAGE OF ELK GROVE VILLAGE 10 is i _M O O N w il Packet Pg. 89 9.A.d ATTEST: Date: VILLAGE OF HOFFMAN ESTATES 11 is i _M O O N w il Packet Pg. 90 9.A.d ATTEST: Date: VILLAGE OF INVERNESS 12 is i _M O O N w il Packet Pg. 91 9.A.d ATTEST: Date: VILLAGE OF MOUNT PROSPECT 13 is i _M O O N w il Packet Pg. 92 9.A.d NORTHWEST CENTRAL DISPATCH SYSTEM VENTURE AGREEMENT ATTEST: Date: VILLAGE OF PALATINE Is 14 c a� E d d L Q L rt+ C d Ls _M O O N w il Packet Pg. 93 9.A.d ATTEST: Date: CITY OF PROSPECT HEIGHTS 15 is i _M O O N w il Packet Pg. 94 9.A.d ATTEST: Date: CITY OF ROLLING MEADOWS 16 is i _M O O N w il Packet Pg. 95 9.A.d ATTEST: Date: VILLAGE OF SCHAUMBURG 17 is i _M O O N w il Packet Pg. 96 9.A.d VILLAGE OF STREAMWOOD ATTEST: Date: #63S470 LA _M O O N w il Packet Pg. 97 9.B Ordinance No. 0-2015-13: Preliminary Plan Approval for 1050 Johnson Drive ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff concurs with the PZC's recommendation of approval. Hamilton Partners is seeking preliminary plan approval for a new 67,000 square foot industrial building, associated infrastructure, and landscaping located at 1050 Johnson Drive, currently zoned Industrial. On March 18, 2015, the Planning and Zoning Commission voted 6-0 recommending approval of the preliminary plan. Staff concurs with this recommendation. ATTACHMENTS: • BOT Memo (DOCX) • Draft Ord (DOCX) • Plans (PDF) • PZC Draft Minutes 03-18-15 -Regular Meeting (DOCX) Trustee Liaison Trustee Ottenheimer III Monday, April 6, 2015 Staff Contact Chris Stilling, Building & Zoning Updated: 4/3/2015 8:44 AM A Page 1 Packet Pg. 98 9.B.a "I('Le GE OF BUFFL � _ VI DATE: April 1, 2015 TO: President Jeffrey Braiman and Trustees FROM: Christopher Stilling, Director of Community Development SUBJECT: 1050 Johnson Drive (Chevy Chase Industrial Park) Is Background Hamilton Partners is seeking preliminary plan approval for the development of the vacant lot (Lot 21) located at 1050 Johnson Drive, currently zoned Industrial. The development includes the construction of a new 67,000 square foot warehouse/office facility and associated infrastructure and landscaping. No user has been identified at this time. As the proposed plan complies with all applicable ordinances, a public hearing is not warranted. However, preliminary plan approval is required prior to the issuance of a building permit. Planning & Zoning Commission Recommendation On March 18, 2015, the Planning and Zoning Commission voted 6-0 recommending approval of the preliminary plan for a new 67,000 square foot warehouse/office facility and associated infrastructure and landscaping for the property located 1050 Johnson Drive. Staff concurs with this recommendation. Analysis The following is a summary outlining compliance with the Village Code: Zoning Lot 21 is a partially improved lot just east of Johnson Drive and west of the Chevy Chase Country Club. The proposed development would be a one-story, speculative industrial flex facility containing approximately 67,000 square feet with 60,000 devoted to warehouse space and 7,000 square feet planned for office. The facility itself would face the existing detention pond and Johnson Drive and would have shared access with the building to the north located at 1080- 1098 Johnson Drive. The proposed development fulfills the dimensional requirements in the Industrial District as shown below. ProposedIndustrial District Dimensional Requirements Vs .. I District Requirements Proposed Development Lot Area 40,000 sq. ft.(Min) 188,248 sq. ft. Lot Frontage 100 feet (Min) 162 ft. Front 30.5 ft. (Min) 330 ft. at the closest point Side 20.5 ft. (Min) 42ft. at the closest point ++ N Rear 20.5 ft. (Min) 22ft. at the closest point Building Height 4 Stories or 50 ft. (whichever is 1 Story — 35.5 ft. Page 1 of 3 Packet Pg. 99 9.B.a less) FAR 0.8 (Max) 0.353 It should be noted that when the industrial park was originally developed, a 60-foot private building line along the rear of the property was established. This 60-foot setback was originally required when the Chevy Chase Golf Course was previously zoned residential. Currently, the property is zoned open space in unincorporated Lake County. Therefore, the 60-foot setback is no longer required and the building line can be abrogated. Surrounding Land Uses The proposed development is consistent with the other industrial uses and development within Chevy Chase Business Park, all of which is zoned Industrial. The rear of the site faces the Chevy Chase County Club, which is unincorporated. Existing Infrastructure and Facilities As the proposed building is a last phase of development for the Chevy Chase Business Park, some infrastructure needed to service this development has already been constructed. This infrastructure includes an existing driveway along the eastern edge of Lot 21 that is shared with the adjacent parcel to the north (1080-1098 Johnson Drive). In addition to the shared driveway, Lot 21 also includes 49 parking spaces. These spaces were required to accommodate an existing business located in the building to the north. Proposed Infrastructure and Facilities Vehicular Accessibility The petitioner proposes two main vehicular points of access for the development of 1050 Johnson Drive. The first main point would be to share the existing driveway along the western edge of Lot 20 and eastern edge of the subject lot. The second point of access would be an additional 31-foot wide driveway off Johnson Drive. Both driveways would connect to a shared parking lot and an extended drive around the sides and front of the proposed facility. Sidewalks would further connect the drive to the two pedestrian entrances, which are located at the front of the building. The drive would also provide connection to the facility's two loading docks, which are located on either side of facility. Parkin The proposed development includes 116 parking spaces; however, 49 spaces are still being reserved for the building to the north located at 1080-1098 Johnson Drive. The proposed new building at 1050 Johnson Drive requires a minimum of 67 parking spaces as follows: Office Portion (7,000 square feet) - 23 spaces (one space per every 300 feet of floor area) Industrial/Warehouse (60,000 square feet) - 43 spaces (two spaces for every three employees) While the industrial parking requirement cannot directly be addressed at this time, the requirement is likely to be satisfied, as 43 spaces would accommodate 64 employees. When a final user is identified, further review and analysis will be completed. Bicycle Path The existing bike path would be realigned towards the rear of the property line. It will maintain its current width and retains it connection to the existing bicycle path. Page 2 of 3 Packet Pg. 100 9.B.a Stormwater Stormwater is already being provided in the existing detention pond located adjacent to the proposed new building. Some minor enhancements are being made and the proposed project would comply with the Village's Development Ordinance. Landscaping The applicant has provided a detailed landscape plan for the overall site. The plan includes extensive landscaping around the new building as well as within the parking lot. Furthermore, the majority of the existing trees along the rear lot line would remain. Elevations/Signage The proposed new building would be single story and have an overall height of 35.5 feet. The material of the building would consist of pre -cast materials. The applicant will provide more details, including a material board for the PZC meeting. Signage for the building has not been identified yet since there is no user. Recommendation Staff finds that the proposed preliminary plan meets all the requirements of the Zoning and Development Ordinance. Therefore, staff recommends approval of the preliminary plan. Page 3 of 3 Packet Pg. 101 9.B.b 4/30/15 �1ilk] D]1►1e1014a0Is] W4131670 PRELIMINARY PLAN APPROVAL Hamilton Partners, 1050 Johnson Drive WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the real property ("Property") hereinafter legally described is zoned in the Industrial District; and, WHEREAS, Hamilton Partners, ("Developer") proposes to construct a new 67,000 square foot warehouse/office facility and associated infrastructure and landscaping; and, WHEREAS, said site improvements require approval as a Preliminary Plan pursuant to the Village Development Ordinance (Title 16 of the Buffalo Grove Municipal Code); and, WHEREAS, Developer has petitioned to the Village for approval of a Preliminary Plan pursuant to the following exhibits: EXHBIT A Legal Description EXHIBIT B Preliminary Plan Set, including site plan, landscaping plan, preliminary engineering and elevations dated March 6, 2015 WHEREAS, the Village Plan Commission held a public meeting on March 18, 2015, and based on the testimony and exhibits presented by the Developer, determined that the proposed improvements will not have a detrimental affect on adjacent properties; and, WHEREAS, the Plan Commission voted 6 to 0 to recommend approval of the Preliminary Plan; and WHEREAS, the Corporate Authorities of the Village of Buffalo Grove, hereby determine that the Preliminary Plan is acceptable based on the Plan Commission public meeting record and recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF Packet Pg. 102 2 9.B.b THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. The preceding WHEREAS clauses are hereby adopted by the Corporate Authorities and made a part hereof. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving the Preliminary Plan for the improvements depicted on the Exhibits hereto. Section 3. This Ordinance shall be in full force and effect from and after its passage, and approval. This Ordinance shall not be codified. AYES: NAYS: ABSENT: PASSED: ATTEST: Village Clerk APPROVED: APPROVED: Jeffrey S. Braiman, Village President Packet Pg. 103 3 9.B.b EXHIBIT A — LEGAL DESCRIPTION LOT 21 IN CHEVY CHASE BUSINESS PARK, BEING A RESUBDIVISION OF PART OF THE SOUTH 1/2 OF SECTION 34, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND PART OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED IN LAKE COUNTY, ILLINOIS ON NOVEMBER 22, 1985 AS DOCUMENT 2401511, ALL IN LAKE AND COOK COUNTIES, ILLINOIS. Packet Pg. 104 9.B.b EXHIBIT B — PLAN SET Ell Packet Pg. 105 (OA!ja uosuqorOSOb JOI JeAoiddv veld AJeulmllOJd : WSM-0) Sueld :IUOM43ellV o a. O a. 7— o za ARIAS L (OA!ja uosuqorOSOI JOI JeAoiddv veld AJeulmllOJd : WSM-0) Sueld :IUOM43ellV C) Ll z P-- C4 O (OA!ja uosuqorOSO� JOI JeAoiddv Ueld AJeulmllOJd : WSM-0) _ate m V �to N." 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Roll Call Present: Commissioners Cesario, Cohn, Goldspiel, Khan, Weinstein, and Chairman Smith Absent: Commissioners Johnson, Lesser, and Shapiro Also Present: Mr. Brian Sheehan, Village Building Commissioner; Mr. William Raysa, Village Attorney; Ms. Nicole Woods, Village Planner; Mr. Christopher Stilling, Community Development Director; Mr. Les Ottenheimer, Village Board. Minutes Public Hearing Minutes — March 4, 2015 Commissioner Cesario moved to approve the public hearing minutes from the March 4, 2015 Meeting. Commissioner Khan seconded the motion. Aye: Cesario, Cohn, Goldspiel, Khan, Smith Nay: None Abstain: Weinstein The motion carried 5:0:1. Regular Meeting Minutes — March 4, 2015 Commissioner Cesario moved to approve the regular meeting minutes from the March 4, 2015 Meeting. Commissioner Khan seconded the motion. Commissioner Goldspiel noted that on the third paragraph of page 3, the third sentence should read "BioTrac THC was being used in addition to the State of Illinois requirements." Commissioner Cesario noted that in the first full paragraph on page 4, the maximum transaction was $400 per ounce for a maximum of $1,000 total. Aye: Cesario, Cohn, Goldspiel, Khan, Smith Nay: None Abstain: Weinstein The motion carried 5:0:1. Buffalo Grove Planning & Zoning Commission — Regular Meeting —March 18, 2015 Page I Packet Pg. 120 9.B.d Committee and Liaison Reports Commissioner Cesario said that there were no direct items that applied to the commission at the Village Board meeting on Monday. He had a copy of the agenda with him for reference to the commission. He noted that, indirectly, every village would be affected by money issues, so there was an increased sensitivity and urgency regarding revenue. Matters for Discussion Jump Park Buffalo Grove, LLC Chairman Smith read the full variance request. Commissioner Weinstein moved for a positive recommendation for the to the Village of Buffalo Grove for an amendment to the special use for a recreation facility in the Industrial District subject to the same conditions as set for 2011-37, section 2-c,d,e,h (with the exception of the rock wall and cafe). Commissioner Khan seconded the motion. Aye: Cesario, Cohn, Goldspiel, Khan, Weinstein, Smith Nay: None Abstain: None The motion carried 6:0:0. Prairie House Gary Gilling introduced himself and said that he had been doing business within the Village for five years. As his business grew, he hoped to replace the deck of his building with a more sound structure including a glass enclosure. However, no additional seats would be added. He noted that two additional bathrooms would be added as handicapped though. With no seating to be added, no parking variation was needed. He had received permission from Vernon Township to use the train station parking after hours. Mr. Sheehan said that there were approximately 28 parking spots on the site and on the public right-of-way. The non -commuter parking spaces and commuter parking spaces were available after 5pm. Commissioner Goldspiel asked if this would be after 5pm on weekdays, and Mr. Gilling said it would. Commissioner Goldspiel asked how the need was met prior to 5pm. Mr. Gilling said that there was enough space during the day; however, the business's busier time was after 5pm. Commissioner Goldspiel asked if the additional parking spaces were directly across the street. Mr. Gilling confirmed they were. Commissioner Cesario asked if everything was received that was needed. Mr. Sheehan said that what was needed for the workshop was completed, and the public hearing would come forward soon. Commissioner Weinstein asked how big the concern with parking was without the letter from Vernon Township. Mr. Sheehan said that the Village of Buffalo Grove had not Buffalo Grove Planning & Zoning Commission — Regular Meeting —March 18, 2015 Page 2 Packet Pg. 121 9.B.d received any complaints, and the two-hour parallel parking spaces were available. The two-hour parking restriction was only before 5pm. After 5pm, these spaces were available. Mr. Sheehan noted that the parking was not a concern unless there was a large event. Commissioner Khan asked if there was any lease with the Vernon Township for the commuter parking. Mr. Gilling said no but that this was always used for this purpose. Mr Stilling said that traditionally after 5pm, the commuter spaces were used for public use. Hamilton Partners Mr. Stilling said that this proposal did not require a public hearing; however, the preliminary plan was still in progress. When a project of non-residential area exceeds 500 square feet, it was still required to be reviewed by the Plan Commission and approved by the Village Board. He also noted that the commission could review this plan as an architectural review. Kurt Hamilton (Hamilton Partners) brought the preliminary plan forward. Dave Olsen (architect with Jenkins Group) noted that this was brought forward previously. He noted that this building was intended for two tenants and noted where the entrances and exits were. The parking requirements were met with the parking lot on site. Currently, the bike path ran across the back portion of the parcel; this would remain as is with some minor improvements due to the construction. No variations were requested. The building was like most other buildings in the Park — with the same materials and components. There was minimal use of metal like others in Chevy Chase Business Park; there would be a metal canopy at the entrance. Commissioner Goldspiel asked for the clear height, and Mr. Olsen noted that the highest wall was 35.5 feet. For the industrial zoning, it was set back 15 feet but would need to be set back one foot for every foot above 30 feet. Commissioner Goldspiel said that he had heard that greater height was needed in modern warehouses. Mr. Olsen said that the older buildings in the Chevy Chase Business Park were approximately 24 feet, which is why this building was at the higher mark. Commissioner Goldspiel was concerned about the water area in front of the building. Mr. Olsen said that this was a detention area. Commissioner Goldspiel asked if there was a safety shelf Bob Gudmundson (engineer for the project) said that he did the design for the original Chevy Chase Business Park, and this plan did contain a safety shelf. He reviewed the impact of the building, and the encroachment on the pond was minimal. The storm water detention was a grandfathered condition from the original plan. Commissioner Khan said that the existing water versus the height of the water at a maximum — and asked if the normal and high difference was about 4 feet. Mr. Gudmundson agreed that the water at the low elevation was the normal level with no storm water. The four feet would be regulated by an output regulator. Commissioner Buffalo Grove Planning & Zoning Commission — Regular Meeting —March 18, 2015 Page 3 Packet Pg. 122 9.B.d Khan asked what the depth of the pond was. Mr. Gudmundson said that this was about 20 feet deep at the normal level. Commissioner Khan asked about a note in the report about removing the bike path or removing part of the existing water main and asked for clarification. Mr. Gudmundson said that on the utility plan, the water main was re-routed around the front of the building in order to provide the hydrant coverage needed and not allow the water main to be under the building. Commissioner Weinstein asked if the bike path would have to be closed during the modifications. Mr. Gudmundson said that there would probably be a disruption for a short time during the building process. This could be noted on the path. Commissioner Weinstein also asked how close the building was to the bike path. Mr. Olsen said that there were no exit doors on the rear by the bike path. Mr. Stilling said that at its closest, it was 15 feet from the building. Commissioner Goldspiel asked about the shaded areas on the north side and asked if this was striping or pavement. Mr. Gudmundson noted that the different shading showed the type of pavement difference based on automotive versus heavy truck traffic pavement. Commissioner Goldspiel asked about the diagonal striping. Mr. Gudmundson said that that this was needed for maneuverability. Mr. Olsen reviewed the architectural specifications and materials of the building. Commissioner Goldspiel asked about the reflectivity of the glass. Mr. Olsen said that this had not been decided on yet, but he would abide by environmental regulations. Commissioner Weinstein moved for positive recommendation of the preliminary plan from Hamilton Partners for the development of the vacant lot (Lot 21) currently zoned Industrial. Commissioner Khan seconded the motion. Aye: Cesario, Cohn, Goldspiel, Khan, Weinstein, Smith Nay: None Abstain: None The motion carried 6:0:0. Chairman's Report None Future Agenda Schedule Mr. Stilling said that the next meeting was April 1. This would include a public hearing for Prairie House as well as the Medical Cannibis Dispensary. The Easton townhouse project would also be up for discussion. There would also be a variation of signage for AT&T. There were a couple additional projects, so the Staff expected an active schedule Public Comment and Questions None Buffalo Grove Planning & Zoning Commission — Regular Meeting —March 18, 2015 Page 4 Packet Pg. 123 9.B.d Staff Report None New Business None Adiournment At 8:33pm, Commissioner Cesario moved to adjourn the meeting. Commissioner Kahn seconded the motion. Aye: Cesario, Cohn, Golspiel, Khan, Weinstein, Smith Nay: None Abstain: None The motion carried 6:0:0. Respectfully submitted, Laura Griffith Recording Secretary Karick & Associates Buffalo Grove Planning & Zoning Commission — Regular Meeting —March 18, 2015 Page S Packet Pg. 124 Action Item No. 2015-4: Kildeer Creek Stream Bank Stabilization ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. In 2013 the Village was awarded a 319 grant from the Illinois Environmental Protection Agency through the Lake County Stormwater Management Commission for stream bank stabilization along Kildeer Creek from Acacia Terrace to the Arboretum Club south cart path bridge. On March 12, 2015 the project was publicly advertised for bid and bid announcements were sent to area contractors. Seven contractors attended the pre -bid meeting with five contractors responding at the March 30, 2015 bid opening, and one contractor, Elanar Construction Company, withdrawing their bid after the opening. The results of the bid opening are summarized on the attached bid tabulation. The lowest responsible bid was submitted by Copenhaver Construction of Gilberts, IL. Their bid met the specifications and they have performed favorably on similar projects. Staff, as well as the Engineer retained by the Village for this project, has checked references and provided a favorable recommendation in the amount of $295,819. Based upon the bids submitted, it is staff's recommendation to proceed with the project and award the bid. ATTACHMENTS: • Bid Recommendation 033115 (PDF) Trustee Liaison Staff Contact Trustee Stein Michael Reynolds, Public Works Monday, April 6, 2015 Updated: 4/2/2015 1:53 PM Page 1 Packet Pg. 125 11.A.a BAXTEf vv� C1ODMAN March 31, 2015 President and Board of Trustees Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Subject. Village of Buffalo Grove - Kildeer Creek Streambank Stabilization Dear President Braiman and Board of Trustees: The following bids were received for the Kildeer Creek Streambank Stabilization project on March 30, 2015: Bidder Bid Amount Elanar Construction Company $205,567.00 Chicago, IL Copenhaver Construction $295,819.00 Gilberts, IL ENCAP, Inc. $328,733.00 DeKalb, IL V3 Construction Group $342,275.00 Woodridge, IL Misfits Construction Company $354,605.00 Chicago, IL The pre -bid opinion of probable cost was $370,525. Elanar Construction Company has provided written notice to withdraw their bid to the Village on March 30, 2015, in accordance with the provisions of the bidding documents. We have analyzed the remaining bids and find Copenhaver Construction to be the lowest responsive and responsible Bidder. Due to our past working relationship with Copenhaver Construction and a review of their references, we feel they are able to complete the project. We recommend that you award the contract for this project to Copenhaver Construction in the amount of $295,819.00. Packet Pg. 126 B A X T E��N 00 D M A N 11.A.a Page 2 Please advise us of your decision and call if you have any questions. Sincerely, BAXTER & WOODMAN, INC. CONSULTING ENGINEERS Thomas Ganfield TEG CC: Brett Robinson Michael Reynolds I:\Burlington\BFGW\110161-Kildeer Cree\40-Design\Work\Bids\Bid Recommendation 033115.docx Packet Pg. 127 Action Item No. 2015-5: Award of Bid to Brancato Landscaping Inc., for Parkway Tree Planting ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Staff recommends approval. As part of the Emerald Ash Borer response plan, the Village plans to plant 4,300 new trees to replace the dead and dying Ash trees that have been removed over the past few seasons as well as those projected to be removed by years end. This should be the last large contract for tree planting. All of the plant material to be used as part of this project will be drawn from the 4,300 trees being grown at St. Aubin Nursery which are now ready to be harvested and planted. In an effort to better source the planting of the entire lot of 4,300 trees required, staff elected to break the bid into four separate plantings. The planting of each group of trees will be spread across different planting seasons with the last group of trees to be planted no later than May of 2017. The Purchasing Manger and Village Forester closely reviewed the bids and are recommending the Village Board award the bid to the second lowest bidder: Brancato Landscaping Inc., and that the contractor be awarded bid for all of the Planting Groups at an average unit cost of $68.60 per tree. Staff would remind the Village Board that the low bidder on this project, as shown in the attached bid tabulation, Alaniz Group was released from their contract in December of 2013 for a failure to acquire proper bonding and non-performance. Staff recommends accepting the proposed option to water the trees, at a cost of $5,500 per visit to water all trees in a planting group. Staff will monitor the weather conditions during the fall and spring plantings, if staff determines it is necessary, the contractor will be instructed to return to water the recently planted trees. Staff recommends the Village Board award a contract to Brancato Landscaping Inc., for Parkway Tree Planting 2015 in an amount not to exceed $316,980. ATTACHMENTS: Tree Planting Bid Tab (PDF) Trustee Liaison Staff Contact Trustee Stein Brett Robinson, Finance Monday, April 6, 2015 Updated: 4/2/2015 4:24 PM Page 1 Packet Pg. 128 N (90Z 6ul;ueld aajl Aemlied p!8 jo paenmy : 5-560Z) qel p!8 6ullueld aaa. w 0 0 O 0 O O O O 0 O O O O 0 O O O O 0 O O O O 0 o O O O 0 o O O O 0 O O O o 0 o O O 0 0 0 0 0 0 0 0 o o o O O O O O O k0 N o o O O O co 00 0 0 o O O U go u Z � Z; z;; Y Z _ r m � m o O O O O CD I� fA O O O O N fA O O O O CD r fA O O O O N ffj O O O O O 1� 6? O O O O � fA O O O O O r fA O O O O m flj o N 0 N o N O O a0 O� O1 N iq O of k9 H3 O O O O N 19 N �tJ fA O IX✓ W Gh M V3 o o O O O 7 o O O O O o O O 7 W o O O O t0 O O O 7 N o O O O O o O O 7 O o O O O O 0 O N 0 O M o O V O N Oi N W 6i 6i N a7 EA O O O O a0 O O k0 EA O N T N tp of isj e» ui vi to N N N o 0 0 0 O N I� 0 0 0 O 't s3 0 0 0 N O� of V3 0 0 0 O 't EA 0 0 0 n O� of EA 0 0 0 O H3 0 0 0 W H3 0 0 0 O H3 0 0 0 0 0 0 0 0 0 0 0 o N N 0 Ln v I� 0 o o O N o0 00 ko eA 0 0 0 IN O a K U' s3 M� to M� c� 0 V3 0 0 V3 0 0 ER 0 0 EA 0 0 0 0 0 N u> <o 0 19 0 0 N w O 0 o O O CO N- o 0 W 7 N CO Vi O 0 o O of m � o 0 klJ h of CO EA O 0 O O cp N O o 0 N N h fA O 0 O O of I� O o 0 N N r fA 0 0 N 0 0 M o o V O O N fl N N M o rn CO COk(1 EA O o m N N � a O EA O O O N m o a n � O U' a_ m 3 N N N EA fA f9 iq N N � � N m � O N N N N _ N N y6 O d p OO d m p N r U 30 N r o 30 m c N L i a O n O r n O n O N N N y R o> C 0 >, LL m O a o •- o � n c o � n c o CI o o. c o_ m o_ c Ol c Ol c Ol c r M v N r y OI c m r U O CO C C lf2 c C d c R R R N r F F m [afn �_ (n p U R EL> RR R d >R > R d >R > R d >R > d N d d V O CJ o U R o U O r L :;uauayaellV F�o2) N a r a� Y V 10 a 11,B.a Village of Buffalo Grove PARKWAY ""'FREE PLANTING luwll ', Invitation to Bid and Contract Documents F�ur�a�ico Dc ai,tirent 2/2 7/20LIS VoBG-007 Packet Pg. 130 INSTI-TffITIN INVITATION T0BID ....... .._......._....._........ .~........... -._,--....--.........—._--..~.-.---^~—^—'~^^~'~^^2 INSTRUCTIONSYDPROPOSERS ... —....—~_.~_.—._—._...._...... --- ...... _.._............ ......... ...... ..—......... ---4 PERFORMANCE AND PAYMENT BOND ......... _....._......~.....-....... ........ .---........... --._._.__-..._.-.—.5 PUBLIC CONTRACT STATEMENTS ......... ..—_—_~—_-._..-__.._.~-.--__—..,.................. 7 SCHEDULE QFPRICES..,................ ...~......... ,~._......_—...-.......... .~.....—..-.'..—_...'_.~--_.—._--_~..-.....0 SECUR[TY....... ....._._-.......—......._....... ...—...--...—..—......—~...........-.__.._—._.-........—.8 MultipleAward Discount ..... ............ .......... .-........ .-........... .—.~^._—.^,—^.~^^—_.^__^^.^..^^~^...... —~....... ~^~9 BIDSPECIFICATIONS —...---.__—_.—_.—.,_...—............._.~..,..—~....^..._..~_..~........,..—.—....14 GENERAL CONDITIONS OFTHE ODNTRA[T._.._.............. .~.............~.......... ....._..__.—......._.._—_....._.17 CONTRACT.... ....... _~~.....-.....—...~...._'...—...,....~....._....._.~^...^.^.,..~_—........ ^^^.^^...~_^..^^..25 APPENDNA............ .............. .-..~--....__....-.....~....._~...—.,~........ ......... .......-......... ._—.-..... 3O ACHForm ..................... ................................ ....-.........._.-.......... ..._~~__—_.._.—........_......_.-.._..3U APPENDIX 8........ _...~....-.-.~.._--.—..~...-.~.^^._^.^~'__~.~^_^._,_,'.^,^.,^.......... _,,.,,,_~~,,,_~._~,^.�� Plans &SpecificaUons..—_......... ..-...............-........... -...,..-.__~_........... .—'_..,~.~......~..._.~...�3 0 11,B.a INVITATION TO BID PARKWAY TREE PLANTING 2015 RECEIPT OFwBIDS Sealed bids for Parkway Tree Planting are invited and will be received by the Village of Buffalo Grove (hereinafter referred to as The Village) at 50 Raupp Boulevard, Office of the Village Clerk, Buffalo Grove, Illinois 60089 on or before, but not later than 11:00 A.M. Local Time on Monday, March 30, 2015. Bids will be publicaliy opened and read aloud. Each Bidder shall be required to submit one original and three copies of their respective bid in a sealed envelope or box. Sealed envelopes or packages containing proposals shall be marked or endorsed: Bid # VoBG-007 for Village of Buffalo Grove, Illinois 2015 Parkway Tree Planting N RAL DELCRIPTIQN OFW RK The following invitation for bid involves providing Parkway Tree Planting for a portion of approximately 4300 trees within the Village of Buffalo Grove. This work is not subject to the wage provisions of the Illinois Prevailing Wage Act (820 ILCS 130/0.01 et seq.). For information on how to receive a copy of the Bid Package contact the Office of the Village Clerk at 847-459-2500 Pq Packet Pg. 132 11,B.a HOLDING OF BIDS No Bid shall be withdrawn after Monday, March 30, 2015 at 11:00 AM without the consent of the Village, for a period of sixty calendar (60) days. It is the intention of the Village to award a contract only to the bidder who furnishes satisfactory evidence that they have the requisite qualifications and ability and that they have sufficient capital, facilities and plant to enable them to complete the work successfully and promptly, and to complete the work within the time named in the Contract Documents. The Village may make such investigations as it deems necessary to determine the qualifications and ability of the Bidder to perform the work, and the Bidder shall furnish to the Village all the information and data for this purpose as the Village may request. The Village reserves the right to reject any Bid if the evidence submitted by, or investigation of such Bidder fails to satisfy the Village that such Bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional Bids will not be accepted. All comments or concerns regarding this Bid shall be addressed to the Village of Buffalo Grove Purchasing Manager via email at BGfinance@vbg.org. All such a -mails must contain "PARKWAY TREE PLANTING 2015" in the subject line of the e-mail. This will allow for responses to go to all Bidders in the event that the question has a pertinent relevance to all those involved. All such questions must be received no later than seven calendar (7) days before the Bids are due. If the Bidder determines not to bid on this project after receiving the Invitation to Bid and Contract documents the Village requests that the Bidder submit a "No Bid" with a reason for choosing not to bid to the Village of Buffalo Grove Purchasing Manager via email at BGfinance@vbg.org W AR J .MM8 A CUT The Village reserves the right to award a contract which in its judgment is in the best interest of the Village. The Village reserves the right to select which Items listed in the Schedule of Prices shall be included in the contract, including the right to accept or reject any or all bids, or any part thereof; waive any minor defects, irregularities; and to decide not to award any contract. Packet Pg. 133 11,B.a 1�llliCIIiI1i7 IP►Ic�113i11��]��L`IIi ' ' �II�IY�� 1. The bid shall be made on the Schedule of Prices form which is included in the Contract Documents. 2. Public Contract Statements must be signed, notarized and submitted with the bid documents. 3. Bidders shall at the time of making its bid, and as part of its bid, submit a list of all the subcontractors and equipment suppliers with whom it proposes to contract, and the class of work or equipment to be performed or furnished by each. Such list shall not be added to, nor altered, without the written consent of the Village. The Village reserves the right to approve any and all subcontractors and no subcontractor shall be allowed to do work unless they are listed in the bidder' bid, or in a subsequent written statement to the Village. 4. Bidder shall not under any circumstances be relieved of its liabilities and obligations as set forth in the Contract documents. All transactions of the Village shall be with the Bidder. Subcontractors shall be recognized only in such capacity. 5. Bidder is to provide a detail of the Bidder's experience in performing Tree Planting. 6. Bidder shall provide with the bid three(3) local Illinois government references 7. Bidder shall submit a description of how they expect to address items listed in the bid specifications. 8. The Village reserves the right to award a contract which in its judgment is in the best interest of the Village. The Village reserves the right to select which Items listed in the Schedule of Prices shall be included in the contract, including the right to accept or reject any or all bids, or any part thereof; waive any minor defects, irregularities; and to decide not to award any contract. 9. Each Bidder shall submit with its bid a statement of the address of it's permanent place of business. 10. Any bidder may be required by the Village to submit additional data to satisfy the Village that such Proposer is prepared to fulfill the Contract, if it is awarded to them. 11. Bidders shall inform themselves of all the conditions under which the work is to be performed. 12. Bidders shall provide all information and complete the signature the block on page 12 13. The bidder to whom a contract is awarded will not be allowed any extra compensation by reason of any matters or things concerning which the bidder did not inform itself prior to submitting it's bid. The successful bidder must employ, so far as possible, such methods and means in the carrying out of his work as will not cause any interruption or interference with any other Contractor. Packet Pg. 134 11,B.a I�L.77>rII#I17] PERFORMANCE AND PAYMENT BOND Bond Number: KNOW ALL MEN BY THESE PRESENTS, That as Principal, and as Surety, are held and firmly bound unto and just sum of,M _ Dollars ($ ), lawful money of the UNITED STATES OF AMERICA for the payment of which sum of money well and truly to be made, we bind ourselves, heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents; WHEREAS, The Principal has entered into a certain written Contract, dated this day of , 2015, with the for complete, as described in the foregoing Contract. NOW THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if the said Principal shall in all respects will and truly keep and perform the said Contract, and shall pay all sums of money due or to become due, for any labor, materials, apparatus, fixtures or equipment furnished for the purpose of construction of the work provided in said Contract, and shall remove and replace any defects in workmanship or materials which may be apparent or may develop within a period of one (1) year from the date of final acceptance, then this obligation shall be null and void; otherwise it shall remain in full force and effect. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. n Packet Pg. 136 |NWITNESS WHEREOF, wehave hereunto set our hands and seal thb_______ Principal (if Individual or Firm) (If Corporation) EM VoBG-007 11,B.a VILLAGE OF BUFFALO GROVE PUBLIC CONTRACT STATEMENTS The Village of Buffalo Grove is required to obtain certain information in the administration and awarding of public contracts, The following Public Contract Statements shall be executed and notarized. PUBLIC CONTRACT STATEMENTS CERTIFICATION OF CONTRACTOR/BIDDER In order to comply with 720 Illinois Compiled Statutes 5/33 E-1 et seq., the Village of Buffalo Grove requires the following certification be acknowledged: The below -signed bidder/contractor hereby certifies that it is not barred from bidding or supplying any goods, services or construction let by the Village of Buffalo Grove with or without bid, due to any violation of either Section 5/33 E-3 or 5/33 E- 4 of Article 33E, Public Contracts, of the Chapter 720 of the Illinois Compiled Statutes, as amended. This act relates to interference with public contracting, bid rigging and rotating, kickbacks, and bidding. CERTIFICATION RELATIVE TO 65 ILCS 5/11-42.1.1 In order to comply with 65 Illinois Complied Statutes 5/11-42.1.1, the Village of Buffalo Grove requires the following certification: The undersigned does hereby swear and affirm that: (1) it is not delinquent in the payment of any tax administered by the Illinois Department of Revenue or (2) in contesting in accordance with the procedures established by the appropriate revenue Act, its liability for the tax or the amount of the tax. The undersigned further understands that making a false statement herein: (1) is a Class I Misdemeanor, and (2) voids the contract and allows the Village to recover all amounts payable to it under the contract. CONFLICT OF INTEREST The Village of Buffalo Grove Municipal Code requires the following verification relative to conflict of interest and compliance with general ethics requirements of the Village: The undersigned supplier hereby represents and warrants to the Village of Buffalo Grove as a term and condition of acceptance of this (bid or purchase order) that none of the following Village Officials is either an officer or director of supplier or owns five percent (5%) or more of the Supplier: the Village President, the members of the Village Board of Trustees, the Village Clerk, the Village Treasurer, the members of the Zoning Board of Appeals and the Plan Commission, the Village Manager and his Assistant or Assistants, or the heads of the various departments within the Village. If the foregoing representation and warranty is inaccurate, state the name of the Village official who either is an officer or director of your business entity or owns five percent (5`Y) or more thereof: (Official) Print Name of Contractor/Bidder/Supplier Signature 4V d'�tf.................� (. I�..-..�.. .�....., ,.,.......�-......__.-.n„�� y Subscribed and Sworn to before me this J day of _www w �� w e_ } „ „-- ,_„ „ „ „ „w_w„ 2015. Notary Public fyaay..�....,.,.,. Explratiort.t..._ Date,, rl� rSEAVO EARLE E.YANOWITZ NOTARY PUBLIC, STATE OF ILLINOIS My COMMtS" EXPIRES 10/26/17 Packet Pg. 137 11,B.a SCHEDULE OF PRICES PARKWAY TREE PLANTING 2015 TO: THE VILLAGE OF BUFFALO GROVE, ILLINOIS FULL NAME OF BIDDER: _ fo _ �� MAIN BUSINESS ADDRESS:..._ PLACE OF BUSINESS: The undersigned, declares that it has carefully examined the location of the proposed work, the Contract Documents, and all other documents referred to or mentioned in the Contract Documents and it proposes and agrees, if this Bid is accepted, that it will contract with the Village, in the form of the Contract attached, to complete the Work titled "PARKWAY TREE PLANTING 2015", and that it will take in full payment therefore the sums set forth in the following Schedule of Prices. It is the intent of the Village of Buffalo Grove to multi -source this project. The project may be awarded to three separate contractors with the total number trees (4300) to be planted being split into approximate quantities of Group A.(1000), Group B. (1100), Group C. (1100), and Group D. (1100). SECURITY Accompanying this Bid is a �... w ) ww_wwwww__`_..,...._...................._..�._...................... in the amount of E Dollars Note: (a) Insert the words "Bank Draft", "Cashier's Check", "Certified Check" or "Bid Bond", as the case may be. (b) Amount must be equal to at least five percent (5%) of the Total Base Bid. !* Packet Pg. 138 11,B.a SCHEDULE OF PRICES PARKWAY TREE PLANTING 2015 Cost per Description Quantity each Total Cost Deliver and plant a quantity of trees..�G_��.uP.A.._.a.a.a....a....� 1000 Option 1 water 1100 quantity of -- trees cost ?er visiGrou t.A 1 ..._....... �Ama Total Cost for Deliver quantityof Hand �plant �a trees Grou B 1100 Option 1 water 1100 quantity of .. trees cost er visit. Grou B ,..._M 1 pTotal.Costpfor_t�GrouPB�.,��mm�mm�� Deliver and plant a quantity of trees...�Group...0 1100...... ._..._m_ . _.._...__._._ Option 1 water 1100 quantity of trees cost er visit. Grou C 1 ._..._ ............................... -- _.__... _..._®._w.w..._..wvu..wu.w.. Total Cost !PLOu C a Deliver and plant a quantity of o_ treesiGro�p D).w_...,,,,_ 1100 Option 1 water 1100 quantity of .— trees cost per visit. Grou D 1 Total Cost for�Grq. D MULTIPLE AWARD DISCOUNT If awarded 2 groups listed in the Schedule of Prices a discount of tZ % will be applied to all plantings. If awarded 3 groups listed in the Schedule of Prices a discount of % will be applied to all plantings. If awarded all 4 groups listed in the Schedule of Prices a discount of 0�1- % will be applied to all plantings. Packet Pg. 139 VoBG-007 GROWING LOCATIONS All Nursery Stock will be furnished from the nursery at: St Aubin Nursery 2025 Crain Road Kirkland, IL 60146 (815) 522-3535 Rack d j o' A'�Iyg ... . . .. N". 0"AMod J/0" ED f. AUWM mummy ui Q C*4 co CL CL 0 72 L? LO C*4 CL E 10 I Packet Pg. 140 1 11,B.a SCHEDULE OF PRICES REE"ME Contact Name: Municipality/Business: _. ® _ w .......... �...� DatesEmployed: :.wwwwww..wwwwww_.....__w._............_._..__....._.............w to .....__._......... _........_....._._._.....wwww._._._..� ...w_....ww_ ax Phone Number or E-mail address: _.......__ .............._ ..... ....._w .._...:.....'.. _..�...-.... .......... ............_....µ. ww._' f Contact Name: V Municipality/Business:__www _w ..ww.` f. DatesEmployed: .-..... ..__...._. .............. . a. to xa._..- . a-.. . _ .w . _ .... _ �.. ._...... Phone Number or E-mail address: L. Contact Name: Municipality/Business:. f ` .._. Dates Employed: _w to, Phone Number or E-mail address ...ww.d �— wwwwwwww i ®` h' a s Contact Name: If Municipality/Business:.._._._._._.j._._._ DatesEmployed:_.._............_........................_........__...__................. to ......._......................._.__ .. _......._....._-__...._...w.__....__� . Phone Number or E-mail address: _ .� doe 9 M Packet Pg. 141 11,B.a SCHEDULE OF PRICES SUMIRACLURIMM Bidder, to employ the following listed subcontractors for the following enumerated classes of work and is not to alter or add to such list without the written consent of the Village. SUBCONTRACTOR 4 -QF WRK -0 . . . . . . ............. . .... . . ................ 2. 3. 4. Acknowledgement of receipt of Addenda(s) —4 /— Date Legal Entity (Sign here) BY _. _.._....�, . (Print Name) _ww. Ww_w.._......_._w_.ww....__........_......._ Phone 1 rIMO y7 11,B.a ELANSANDL k &, The Plans shall be understood to include the map sheets listed in Appendix B. and those that may be provided at a pre -construction meeting and which are incorporated hereby. The Specifications shall be understood to include the specifications as set forth in the Village of Buffalo Grove Parkway Tree Planting Program Bid Specifications. Packet Pg. 143 11,B.a 0B VILLAGE OF BUFFALO GROVE PARKWAY TREE PLANTING PROGRAM BID SPECIFICATIONS GENERAL The following request for bid involves planting a portion of four thousand three hundred (4300) shade trees in the Village of Buffalo Grove, Illinois, as herein specified and directed by the Deputy Director of Public Works Operations, Department of Public Works, 51 Raupp Boulevard, Buffalo Grove, Illinois, 60089. The first group of trees to be planted under this contract (Group A) will be scheduled for installation prior to May 29, 2015. Should weather or other factors prevent completion of the program prior to May 29, 2015, the Village reserves the right to have the remainder of the trees planted in the fail of 2015, prior to November 12, 2015. The second group of trees to be planted under this contract (Group B) will be scheduled for installation after September 1, 2015 but prior to November 20, 2015. Should weather or other factors prevent completion of the program prior to November 20, 2015, the Village reserves the right to have the remainder of the trees planted in the spring of 2016, prior to May 27, 2016. The third group of trees to be planted under this contract (Group C) will be scheduled for installation after March 21, 2016 but prior to May 27, 2016. Should weather or other factors prevent completion of the program prior to May 27, 2016, the Village reserves the right to have the remainder of the trees planted in the fall of 2016, prior to November 18, 2016. The fourth group of trees to be planted under this contract (Group D) will be scheduled for installation prior after September 6, 2016 but prior to November 18, 2016. Should weather or other factors prevent completion of the program prior to November 18, 2016, the Village reserves the right to have the remainder of the trees planted in the spring of 2017, prior to May 26, 2017. A Village employee will visit the growing site and mark all trees for planting by means of a permanent tag. Only those trees tagged by the Village will be accepted for planting and payment. Final acceptance will be done after planting is completed in the Village. GUARANTEE Any tree, which in the opinion of the Deputy Director of Public Works Operations or his authorized representative, that is dead, shall be replaced within thirty (30) days after formal notification from the Village of Buffalo Grove. The installation of all trees shall be fully guaranteed for a period of one (1) year from the date of installation. A written guarantee shall be attached to the bid. Iml Packet Pg. 144 VoBG-007 11,B.a REJECTION OF MATERIAL The Deputy Director of Public Works Operations or his authorized representative, reserves the right to reject any plant material which does not comply with the specifications, and all rejected plant materials shall be immediately removed by the contractor from the premises of the Village and the Deputy Director of Public Works Operations will not assume any responsibility for such rejected material. QUANTITY The right is reserved to the Village to increase or decrease the quantities shown depending upon the availability of stock and inspection results. DELIVERY The contractor shall consult with the Deputy Director of Public Works Operations or his authorized representative, concerning the details and scheduling of the work contemplated herein, and shall be governed by the decisions of said Deputy Director. No material shall be dug or loaded for shipment from the nursery when the temperature is below thirty-two degrees (32 degrees) above zero (Fahrenheit), and when the depth of frost in the grounds exceeds one inch (l°). Roots of material shall not be subject to temperatures below thirty-two degrees (32 degrees) above zero (Fahrenheit). All material whose roots have been frozen shall be rejected. The contractor shall comply with all good trade practices to insure arrival of stock at the stated delivery point in the best condition for successful growth without injury of any nature. All trees shall be delivered to a location within the Village of Buffalo Grove, Illinois as directed by the Deputy Director of Public Works Operations. ADOPTEDSTANDARDS All plants will be handled in accordance with accepted horticultural practices and professional standards as recommended by the Illinois Landscape Contractors Association. INSPECTION OF PLANT MATERIAL The nursery supplying plant material has been visited before the award of the contract. Material, which is suitable for the Village's requirements, has been inspected and will be selected by the Deputy Director of Public Works Operations or his authorized representative. IN Packet Pg. 145 11,B.a QUALITY OF PLANT MATERIAL Material shall be in a live, healthy condition free from dead branches, blemishes, scars decayed spots, frost cracks, disfiguring knots, bruises, broken bark or mutilation of any nature. Only material dug with the earth ball from the nursery growing location will be acceptable. Material with a composition or processed ball will be rejected. PLANTING Tree shall be planted in holes at least twelve (12) inches wider than the diameter of the ball and a minimum of two (2) feet in depth. In unfavorable ground conditions, the contractor shall place approximately six (6) inches of loose topsoil in the bottom of the excavation before planting the tree. All excess spoilage and/or soil are to be removed by the contractor. All string and burlap from the top 30% of the ball shall be removed prior to mulch application. All trees must be watered immediately after planting by the contractor. The approximate locations of trees to be planted are shown in Appendix B.. Each tree shall be planted plumb and at the same level as where it stood in the nursery in relation to finished grade. Backfill shall be properly fertilized with organic fertilizer and shall be thoroughly watered when the hole is two-thirds (2/3) full of topsoil. After watering, the filling shall be completed and the soil thoroughly tamped. After planting, a four-(4) inch mulch of wood chips or an approved equal shall be applied over the disturbed ground and a shallow watering basin provided around the tree. Water bags as provided by the Village of Buffalo Grove shall be installed by the contractor. The contractor agrees to indemnify the Village of Buffalo Grove for any and all violations of laws and any rules and regulations now or hereafter issued Option 1. Additional Watering Contractor shall provide all equipment and materials necessary to fill the water bag for each tree that has been planted. Costs shall be provided for each Group of Plantings based upon a single visit to the Village to water all trees in each Group planted by the contractor. Water shall be provided by the Village of Buffalo Grove from a single location at 51 Raupp Blvd. Buffalo Grove Il 60089 at no cost to the contractor. 16 Packet Pg. 146 11,B.a GENERAL CONDITIONS OF THE CONTRACT 1. n ra e ur.Lty The Contractor shall furnish a surety bond in an amount at least equal to 100 percent of the aggregate amount of the Contract as security for the faithful performance of the Contract and for the payment of all persons performing labor and furnishing materials in connection with this Contract. 2. Contractor's Insurance Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. A. Minimum &La �r r� c�,: Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village named as additional insured, on a form at least as broad as the ISO Additional Insured Endorsement CG 2010 and CG 2025 2. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any Auto." 3. Workers' Compensation as required by the Labor Code of the State of Illinois and Employers' Liability insurance. 4. Builder Risk Property Coverage with Village as loss payee 5. Environmental Impairment/Pollution Liability Coverage for pollution Incidents as a result of a claim for bodily injury, property damage or remediation costs from an incident at, on or migrating beyond the contracted work site. Coverage shall be extended to Non -Owned Disposal sites resulting from a pollution incident at, on or mitigating beyond the site; and also provide coverage for incidents occurring during transportation of pollutants. B. Minimum Limits of Insurance: Contractor shall maintain limits no less than: 1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than $2,000,000 or a project/contract specific aggregate of $1,000,000. 2. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with statutory limits and Employers' Liability limits of $500,000 per accident. 4. Environmental Impairment/Pollution Liability: $1,000,000 combined single limit per occurrence for bodily injury, property damage and remediation costs m Packet Pg. 147 11,B.a C. tie � i I( rto 5glf-1n° r I R anti Any deductibles or self -insured retentions must be declared to and approved by the Village. At the option of the Village, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the Village, its officials, agents, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages:. The Village, its officials, agents, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Village, its officials, agents, employees and volunteers. 2. The Contractor's insurance coverage shall be primary as respects the Village, its officials, agents, employees and volunteers. Any insurance or self-insurance maintained by the Village, its officials, agents, employees and volunteers shall be excess of Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officials, agents, employees and volunteers. 4. The Contractor's insurance shall contain a Severability of Interests/Cross Liability clause or language stating that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the Contractor shall be required to name the Village, its officials, employees, agents and volunteers as additional insureds 6. All general liability coverages shall be provided on an occurrence policy form. Claims -made general liability policies will not be accepted. 7. The contractor and all subcontractors hereby agree to waive any limitation as to the amount of contribution recoverable against them by the Village. This specifically includes any limitation imposed by any state statute, regulation, or case law including any Workers' Compensation Act provision that applies a limitation to the amount recoverable in contribution such as Kotecki v. l0 M Packet Pg. 148 11,B.a E. Aii ove«i: Each insurance policy required by this paragraph shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Village. F. A99kp-a-l? lily.9f iqg Insurance is to be placed with insurers with a Best's rating of no less than A-, VII and licensed to do business in the State of Illinois. G. YSAL1lfic t(qq.. Contractor shall furnish the Village with certificates of insurance naming the Village, its officials, agents, employees, and volunteers as additional insured's and with original endorsements, affecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the Village before any work commences. The Village reserves the right to request full certified copies of the insurance policies and endorsements. H. Subcontractors Contractor shall include all subcontractors as insured's under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of the requirements stated herein. I. aft°i n pf ." ili The contractor assumes liability for all injury to or death of any person or persons including employees of the contractor, any subcontractor, any supplier or any other person and assumes liability for all damage to property sustained by any person or persons occasioned by or in any way arising out of any work performed pursuant to the Contract. m Packet Pg. 149 11,B.a J. In Lnni 91AI s si n 1. To the fullest extent permitted by law, the Contractor hereby agrees to defend, indemnify and hold harmless the Village, its officials, agents and employees against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, cost and expenses, which may in anywise accrue against the Village, its officials, agents and employees arising in whole or in part or in consequence of the performance of this work by the Contractor, its employees, or subcontractors, or which may in anywise result therefore, except that arising out of the sole legal cause of the Village, its agents or employees, the Contractor shall, at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefore or incurred in connections therewith, and, if any judgment shall be rendered against the Village, its officials, agents and employees in any such action, the Contractor shall, at its own expense, satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance policies required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Village, its officials, agents and employees as herein provided. 2. Kotecki Waiver. In addition to the requirements set forth above, the 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 and waives any limitation of liability defense based upon the Worker's Compensation Act and cases decided there under. Contractor agrees to indemnify and defend the Village from and against all such loss, expense, damage or injury, including reasonable attorneys' fees, which the Village may sustain as a result of personal injury claims by Contractor's employees, except to the extent those claims arise as a result of the Village's own negligence. K. gq9J�..3igp_: The Contractor further agrees that to the extent that money is due the Contractor by virtue of this contract as shall be considered necessary in the judgment of the Village, may be retained by the Village to protect itself against said loss until such claims, suits, or judgments shall have been settled or discharged and/or evidence to that effect shall have been furnished to the satisfaction of the Village. L. Pa ttgnS nn Ii Contractor shall indemnify and hold harmless the Village and anyone directly or indirectly employed by either of them from and against all claims, damages, losses, and expenses (including attorneys' fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the work or resulting from the incorporation in the work of any invention, design, process, product, or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. 1441 Packet Pg. 150 11,B.a 3. �: _ n" pf yt p t S :.rjift The Contractor shall furnish the Village with a current Certificate of Authority or Surety Certificate issued by the Illinois Department of Insurance (IDOL) for the bonding company that they are using. The Contractor shall also furnish the Village with a current Certificate of Authority issued by the Illinois Department of Insurance (IDOI) for the insurance company that they are using. 4. ?I� 2(t mfic ti, ark The Plans and Specifications and any work shown thereon shall be executed the same as if specifically mentioned herein and should any discrepancy between plans and specifications appear, the ruling of the Public Works Director on the interpretation thereof shall be final and binding. It is the intention of these Plans and Specifications to provide for this improvement in a complete, thorough and workman -like manner. The Contractor to whom the work is awarded shall furnish all materials, labor, tools, appliances, appurtenances, and all things necessary to complete the work in accordance with these Plans and Specifications, and anything omitted that may be interpreted as reasonably necessary to such completion is to be merged in the prices bid for the improvement. 5. Clean e If the Public Works Director deems it proper or necessary in the execution of the work to make any alteration which will increase or diminish the quantity of labor or material or the expense of the work, even to the elimination of one or more items, such alteration shall not annul or vitiate the Contract hereby entered into. The elimination of any part of the work shall not increase the unit price for any of the remaining work bid on. The value of the work so added shall be based on the rates and prices named in the Contract, and bid, when such rates and prices cover the class of work added, otherwise the value shall be determined by mutual Contract between the Village and Contractor, before such work shall be commenced. 6. Extra Work No claim whatsoever will be allowed the Contractor for changes, extra work or material not completed or necessary for the completion of the work described, or for a greater amount of money than is hereby stipulated to be paid, unless the change in or addition to the work requiring additional outlay by the Contractor is first ordered in writing by the Public Works Director, and the price therefore agreed to in writing. Minor changes or small modifications in the specifications which may be made to suit some special condition or situation shall not be construed as a precedent for like changes at other times, nor shall such modifications be construed by the Contractor as removing the work from the classification given in the proposal, and placing it under the category of "Extra Work". 7. Notice of Starting Wor PA Packet Pg. 151 11,B.a The Contractor shall notify the Public Works Director forty-eight (48) hours before beginning any work on this Contract, or of its intention so to do; in case of a temporary suspension of the work he shall give a similar notice before resuming same. 8. Seurap The Public Works Director shall have the power to direct the order and sequence of the work. On any major portion of the work, all accessories shall be set coincident with the main construction, Payment for major portion of the work may be withheld until proper completion of accessories. 9. 5mon i; ?ca The Public Works Director shall have override power to superintend and direct the work, and the Contractor shall perform all of the work herein specified, to his entire satisfaction, approval and acceptance. 10. f, o rra i."s Pe r n ��iv The Contractor shall have at all times a competent foreman or superintendent at the work site, who shall have full authority to act for the Contractor and to receive and execute orders from the Public Works Director, and any instructions given to such superintendant or person, executing work for the Contractor, shall be binding on the Contractor as though it was personally given to the Contractor. 11. Workers The Contractor shall employ competent staff and shall discharge, at the request of the Public Works Director, any incompetent, unfaithful, abusive or disorderly workers in its employ. None but staff expert in their respective branches of work shall be employed where special skill is required. The Contractor shall provide and maintain such sanitary accommodations for the use of its employees as may be necessary to comply with the State and local Board of Health requirements. Public nuisances will not be permitted. M Packet Pg. 152 11,B.a 12. iar Ln i °i f n�«ar° If, at any time, the Public Works Director shall be of the opinion that the work under this Contract is unnecessarily delayed and will not be finished in the prescribed time, or that the work is not being performed in a satisfactory manner, he will so notify the Contractor in writing. If the Contractor has not within ten (10) days thereafter taken such measures, as will in the judgement of the Public Works Director, insure the satisfactory completion of the work under this Contract on or before the dated specified in the Proposal, the Village may notify the Contractor to discontinue all work under the Contract and proceed to terminate the Contract. 13. Preva Njn iiiF,p A This work is not subject to the wage provisions of the Illinois Prevailing Wage Act (820 ILCS 130/0.01 et seq.). 14. i P_gygj Pay in mt Contractor shall submit sworn Contractor's affidavit along with executed lien waivers with request for payment. The Village will make payment for completed work pursuant to Local Government Prompt Payment Act. (50 ILCS 505/1 et seq.) 15. g"ii ; t J Darn If the Contractor shall fail to complete the work within the Contract Time which shall include any proper extension granted by the Village, the Contractor shall pay to the Village an amount equal to Five Hundred Dollars ($500) per calendar day for each day past the Contract Time until final acceptance by the Village. 16. jdgp a) I r n 1 m nt The Village prefers to pay all vendors via Automated Clearing House payments (ACH). ACH payments will be processed to checking and savings accounts. Appendix A. (ACH Authorization Form) should be completed to enable the Village to process your payment. In addition to the ACH Authorization form, a cancelled check or preprinted deposit slip with your account information will be required to complete the documentation needed and ensure the Village processes the payment properly. After the award of the contract forward the completed form to apfinance@vbg.org or fax to 847-777-6045. Once payments have been approved and processed an email notification will be sent to the designated email account on your ACH authorization form indicating when the funds were transferred, the amount transferred, and the invoice number that pertains to the payment. M Packet Pg. 153 17. Freedom nfInformation Act Within five (5)business days after the Village's Notice tothe Contractor ufthe Village's receipt of arequest made pursuant tothe Illinois Freedom ofInformation Act [|L[S14U/1etseq. — herein "FD|A"], the Contractor shall furnish all requested records in the Contractor's possession which are in any manner related to this Contract, including but not limited to any documentation related to the Village and associated therewith, The Contractor shall not apply any costs or charge any fees to the Village or any other person, firm or corporation for its procurement and retrieval of such records in the Contractor's possession which are sought to be copied or reviewed in accordance with such FOIA request or requests. The Contractor shall defend, indemnify and hold harmless the Village including its several departments and including its officers and employees and shall pay all of the Costs associated with such FOIA request or requests including Costs arising from the Contractor's failure or alleged failure to timely furnish such documentation and/or arising from the Contractor's failure or alleged failure otherwise to comply with the FOIA, whether or not associated with the Contractor's and/or the Village's defense of any litigation associated therewith. |naddition, ifthe Contractor requests the Village todeny the FD|Arequest orany portion thereof by utilizing one or more of the lawful exemptions provided for in the FOIA, the Contractor shall pay all Costs inconnection therewith. Asused herein, "in the Contractor's possession" includes documents in the possession of any of the Contractor's officers, agents, employees and/or independent contractors; and "Costs" includes but is not limited to attorneys fees, witness fees, filing fees and any and all other expenses -- whether incurred bythe Village orthe Contractor. 943 11,B.a VILLAGE OF BUFFALO GROVE *i1a"WA[1�i1 PARKWAY TREE PLANTING 2015 THIS CONTRACT, made this day of „ m 2015, by and between the VILLAGE OF BUFFALO GROVE (hereinafter called the "Village") a Municipal Corporation acting through its President, and Board of Trustees, and The Company that wins the Bid, hereinafter called the "Contractor." WITNESSETH WHEREAS, the Village has heretofore solicited bids for all the work and improvements and for the doing of all things included within the hereinafter specified improvement, and the Village of Buffalo Grove did award the Contractor a contract for said improvements: NOW THEREFORE, for and in consideration of their mutual promises, covenant undertaking and Contract, the parties hereto do hereby agree as follows: ARTICLE I -WORK TO BE DONE BY THE CONTRACTOR Contractor agrees, at its own cost and expense, to do all work and to furnish all the labor, materials, equipment and other property to do, construct, install, and complete all the works and improvements included, all in full accordance with and in compliance with and as required by the hereinafter specified Plans and Specifications and Contract Documents for said works and improvements, and to do, at its own cost and expense, all other things required of the Contractor by said Contract Documents, N9 Packet Pg. 156 11,B.a VoBG-007 Awl.. LE D T The Contract Documents herein mentioned include all of the Contract Documents, including but not limited to the following: 1. Village of Buffalo Grove Parkway Tree Planting Program Bid Specifications 2. The General Conditions of the Contract 3. The Contract 4. The Plans and Specifications 5. Public Contract Statements 6. All Bonds, Insurance Certificates and Insurance Policies mentioned or referred to in the foregoing documents 7. Any and all other documents or papers included or referred to in the foregoing documents all of which documents are on file in the OFFICE OF THE VILLAGE CLERK, 50 Raupp Boulevard, Buffalo Grove, Illinois, all said documents being hereby incorporated herein and made a part herein by reference the same as if set forth herein. AIKEt LE III - NIBA PAM J. T The Contractor agrees to receive and accept the unit price as set forth in the Schedule of Prices as full compensation for furnishing all materials and equipment and for doing all the work contemplated and embraced in the Contract; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the Village, and for all risks of every description connected with the work; also for well and faithfully completing the work, and the whole thereof, in the manner and according to and in compliance with the Plans and Contract Documents and the requirements of the Village Public Works Director (Public Works Director). 3M Packet Pg. 156 VoBG-007 11,B.a :nIE IV —.. N 1Cii El ()NIT R CONTRACT In the event that any provision in any of the following component parts of this Contract conflicts with any provision in any other of the following component parts, the provision in the component part which follows it numerically except as may be otherwise specifically stated applies. Said component parts are the following: 1. General Conditions of Contract 2. Bid Documents and Specifications 3. Contractor's Proposal 4. The Contract This Contract is intended to conform in all respects to applicable statutes of the State in which the work is to be constructed, and if any part or provision of this Contract conflicts therewith, the said statute shall govern. ARTICLE V — CONTRACT TIME The Contractor shall fully complete all work to the point of final acceptance by the Village, and to complete doing all other things required of them by the Contract Documents on or before and no later than November 30, 2015. Contractor shall and agrees to furnish and deliver to the Village fifteen (15) calendar days after date of award of this contract the Faithful Performance and Payment Bond and the Insurance Certificates and Policies of Insurance required of him by the provisions of Paragraph 2 of the General Conditions of the Contract, and to do, prior to starting work, all other things which are required of them by the Contract Documents as a prerequisite of starting work. 27 Packet Pg. 157 11,B.a VoBG-007 R1RL�LELI�L�1.4 IVMGE If the Contractor shall fail to complete the work within the Contract Time which shall include any proper extension granted by the Village, the Contractor shall pay to the Village an amount equal to Five Hundred Dollars ($500) per calendar day for each day past the Contract Time until final acceptance by the Owner. A�R�I.CL ' VII�PRE LAILY,NC�„ & AC�""�" This work is not subject to the wage provisions of the Illinois Prevailing Wage Act (820 ILCS 130/0.01 et seq.). ARTICLE VIII The Village agrees with said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and do all the work, and do all other things hereinabove mentioned, according to the terms and conditions hereinabove contained or referred to, for the prices aforementioned, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth or referred to in the Plans and Specifications and Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. W" Packet Pg. 158 ATTEST: BY TITLE VILLAGE OF BUFFALO GROVE CONTRACT PARKWAY TREE PLANTING 2015 .Ste-q-CA40— LA r 14 atlY CONTRACTOR ............ .. . ..... BY TITLE THE VILLAGE OF BUFFALO GROVE VILLAGE MANAGER Ng I Packet Pg. 159 1 Appendix A. 11 B.a �r Accounts Payable Department is Phone 847-459-2510 Fax 847-777-6045 QUALIFIED VENDOR REGISTRATION Please email, fax or mail completed & signed form along with IRS form W-9 to: Email P,I m�n„ar aeY C,. .yX Fax: 847-777-6045 or Mail: Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, IL. 60089 Legal Organization Name: Doing Business as: Primary Organization Address: City, State ZIP: .._ Sales Contact Name: Sales Contact Phone: Sales Contact Email : t(a a IA-1 Complete this section for new Vendors or account changes Select one: I._...�. New Vendor 11 Account Change FEINorSSN: 36-3 / 3Y0 2/ Primary business function: Date business was established: /9 k Change in ownership in the last 2 years : YAO—� Professional registrations: All payments will be made per the Prompt Payment Act (50 ILCS 505/1 et seq). By submitting this application, you authorize the Village of Buffalo Grove to make inquiries into the client/trade references that you have supplied. The undersigned supplier hereby represents and warrants to the Village of Buffalo Grove as a term and condition of acceptance of future (bid or purchase order) that none of the following Village Officials is either an officer or director of supplier or owns five percent (5%) or more of the Supplier: the Village President, the members of the Village Board of Trustees, the Village Clerk, the Village Treasurer, the members of the Zoning Board of Appeals and the PlaoayConimission, the Villa lager and his Assistant or Assistants, or the heads of the various departments within the Village ' ,,f Signature:Date: Name (printed): =%Corkw �E"hC'�/ a Title: Packet Pg. 160 11,B.a Form Request for Taxpayer i Give Form to the (Rev. August 2013) requester. Do not Identification Number and Certification Wpadment of the Treasury send to the IRS. Internal Revenue Service Name (as shown on your Income tax return) Brancato Landcaait,t , Inc. ............. .... ..................... N Business name/disregarded entity name, if different from above ..... m m' a Check appropriate box for federal tax classification: c Exemptions (see instructions): C ❑ Individual/sole proprietor ❑ C Corporation ® S Corporation ❑ Partnership ❑ Trust/estate rA oExempt payee code (if any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ► 0 _ .. _ Exemption from FATCA reporting C H code (if any) Other (see bnstrur titawrs) ► ... _........._v....„ ._.__.--.._................ ------------------------....w... �t Address (number, street, and apt. or suite no.) Requester's name .� eq me and address QopOonal) y 8029 N. Nora Ave. City, state, and ZIP code .....,,................ y �._ ._........._ Niles, IL 60714 .._......... ............................... ..... Lfst account number(s) here (optional) _....._............... ..... �... _. i a a er Identification Number pp CtN t _w in the a appropriate Enter your TINTIN TIN in the a ro riate box. The TIN provided must match the name even on the "Name" line t h g [......w_w---n- r-- _....... social z+cmtrit number y to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other -E Ientities, n— it is your employer identification number (EIN). If you do not have a number, see How to get a ._, _. TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Erttptayar identification number number to enter. IIµ3 9 6 -1 3 94 I 0 17 4� Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally„ payments other than interest and dividends, you re n t required to sign the certification, but you must provide your correct TIN. See the instructions on pageF3. / (�`` .......�. �.., Signature of ....................... ........ � " �' igft w_.... ._....._........_......_.v_.._......o....._..__..................................... ............. ..... ._.... ... Here U.S. person ► Date I* Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS.gov for Information about Form W-9, at www.irs.gov/w9. Information about any future developments affecting Form W-9 (such as legislation enacted after we release it) will be posted on that page. Purpose of Form withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if It is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person If you are: A person who is required to file an information return with the IRS must obtain your • An individual who is a U.S. citizen or U.S. resident alien, correct taxpayer identification number (TIN) to report, for example, income paid to • A partnership, corporation, company, or association created or organized in the you, payments made to you in settlement of payment card and third party network United States or under the laws of the United States, transactions, real estate transactions, mortgage interest you paid, acquisition or . An estate (other than a foreign estate), or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. • A domestic trust (as defined in Regulations section 301.7701-7). Use Form W-9 only if you are a U.S. person (including a resident alien), to Special rules for partnerships. Partnerships that conduct a trade or business in provide your correct TIN to the person requesting it (the requester) and, when the United States are generally required to pay a withholding tax under section applicable, to: 1446 on any foreign partners' share of effectively connected taxable income from 1. Certify that the TIN you are giving is correct (or you are waiting for a number such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a to be issued), foreign person, and pay the section 1446 withholding tax. Therefore, if you are a 2. Certify that you are not subject to backup withholding, or U.S. person that is a partner in a partnership conducting a trade or business in the 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If United States, provide Form W-9 to the partnership to establish your U.S. status applicable, you are also certifying that as a U.S. person, your allocable share of and avoid section 1446 withholding on your share of partnership income. any partnership income from a U.S. trade or business is not subject to the Cat. No. 10231X Form W-9 (Rev. 8-2013) Q Packet Pg. 161 0NN^noUs Department of Revenue Office of Local Government Services Sales Tax Exemption Section, 3-520 101 W. Jefferson Street Springfield, |L 82702 217 782-8881 January 2' 2015 VILLAGE OF BUFFALO GROVE SCOTT A«DED3ON FINANCE DI8 50 RADPP BLYD BUFFALO GROVE IL 60009 Effective January 1, 2015,'vve have -renewed yo-u, governmental exempt on from payment of the Retailers' Occupation Tax' the Service Occupation Tax (both state and local), the Use Tax' and the Service Use Tax' as required by Illinois law. We have issued the following new tax exemption identification number: E9998-1165-07 to VILLAGE OF BUFFALO G80v2 of BUFFALO CRUV2, IL The terms and conditions governing use of your exemption number remain unchanged. Office of Local Government Services Illinois Department of Revenue STS-70 (R-2/e8 u-492-352« 1O-OOO1U3S N I.B.a " A , 2015 Open -Replacement and Ash Tree Locations �.W*E _b v CA C D "I S A-1 kJ ff wo' 10 114 . . . . ...... __,___, - ------------------------- --------- - - - Leclen Tree Location 4 60 3) I Packet Pg. 163 1 VILLAG'�E Of R 1J F FA 1, () (')J'' (W E Finance Department Fifty Raupp Blvd, Buffalo Grove, IL 60089-2198 Phone 847-459-2525 Fax 847-459-7906 TO: FROM: ISSUE DATE: SUBJECT: 2015 Parkway Tree Planting Prospective Bidders and Other Interested Parties Village of Buffalo Grove Finance Department Match 19,2015 ADDENDUM#1 Note: This Addendum is hereby declared a part of the original proposal documents and in case of conflict, the provisions in the following Addendum shall govern. The following changes and clarifications shall be made to the Bid Documents for the 2015 Parkway Tree Planting Q1 With this being planting only according to your specs will it still be required to provide all that insurance coverage you documents stated ie. Auto coverage, emission, workers comp, ? Al. All insurance requirements listed in the Invitation to Bid and Contract Documents must be met, though the Village may consider waiving the requirement of pollution liability insurance Q2. Will there be a purchase order for a deposit on work or any form of payment at the start of the project (339/6) A2. No payments will be made prior to work beginning. Q3, Also will I be responsible for watering the trees for an extended amount of time. A3, Per the specifications, an initial watering is required. Additional watering is listed as an option. Q4. Does the village have a watering truck available for my use or will I be providing that as well. A4. The Village will not supply any equipment or labor required to perform this project. I Packet Pg. 164 1 V" VILLAGE PROSPECTIVE PROPOSERS ARE TO ACKNOWLEDGE RECEIPT OF ADDENDUM #1. PLEASE FAX BACK TO THE VILLAGE OF BUFFALO GROVE AT 847.459.7906, ATTENTION: Purchasing Manager, Breit Robinson. ALSO, PLEASE INCLUDE AND NOTE THIS ADDENDUM IN YOUR PROPOSAL. PROSPEC SIGNED: I Packet Pg. 165 1 13.A Information Item No. 2015-4: Executive Session - Purchase or Lease of Real Property: Section 2(C)(5) of the Illinois Open Meetings Act ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Executive Session - Purchase or Lease of Real Property: Section 2(C)(5) of the Illinois Open Meetings Act Trustee Liaison Village President Braiman Monday, April 6, 2015 Staff Contact Dane Bragg, Office of the Village Manager Updated: 4/2/2015 11:57 AM Page 1 Packet Pg. 166