Loading...
2015-06-15 - Village Board Regular Meeting - Agenda Packet2. Approval of Minutes A. Board of Trustees - Regular Meeting - May 18, 2015 7:30 PM B. Board of Trustees - Special Meeting - Jun 1, 2015 6:00 PM 3. Approval of Warrant A. Approval of Warrant #1250 (Lester Ottenheimer III) 4. Village President's Report A. A Proclamation Commending Adlai E. Stevenson High School's Fiftieth Anniversary (Beverly Sussman) B. A Proclamation Recognizing Aniket Nuthalapati's Accomplishments at the 2015 Scripps National Spelling Bee (Beverly Sussman) C. A Proclamation Commending Lake County Honor Flight for Their Service to the Veterans of Buffalo Grove (Beverly Sussman) D. Trustee Vacancy Appointment (Beverly Sussman) E. Appointment of Board, Commission, and Committee Members (Beverly Sussman) 5. Village Manager's Report A. Special Olympics Fundraising Update (Dane Bragg) 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). 9. Ordinances and Resolutions A. R-2015-22 A Resolution to Consider an Intergovernmental Agreement with the Village of Long Grove (David Weidenfeld) B. 0-2015-35 An Ordinance Amending Chapter 5.20 Liquor Controls (Beverly Sussman) 10. Unfinished Business 11. New Business A. 245 McHenry Road Development Improvement Agreement (Andrew Stein) B. Buffalo Creek Nature Preserve Stream Bank Stabilization Project (Jeff Berman) 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 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 05/18/2015 MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON MONDAY, MAY 18, 2015 Call to Order The meeting was called to order at 7:35 PM by Village President Beverly Sussman A. Presentation of the American Flag and Pledge of Allegiance Led by Buffalo Grove Scouts (Andrew Stein) President Sussman called the meeting to order at 7:35 P.M. Buffalo Grove Cub Scouts, Boy W Scouts and Girl Scouts presented the Colors and those present stood as the Scouts led the pledge; of allegiance to the Flag. 0 President Sussman thanked the Scouts and presented each of them N41h, a small buffalo pin. 0 L Roll Call a a Roll call indicated the following present: President Sussman; Trustees Berman, Trilling, Stein, Ottenheimer and a Weidenfeld_ 2 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 A. Minutes of the Regular Meeting of the Village Board on May 4, 2015 (Janet Sirabian) RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Berman, Trustee SECONDER: Lester A. Ottenheimer III, Trustee AYES: Sussman, Weidenfeld, Berman, Trilling, Stein, Ottenheimer III Approval of Warrant A. Approval of Warrant #1249 (Lester Ottenheimer III) RESULT: APPROVED [UNANIMOUS] MOVER: David Weidenfeld, Trustee SECONDER: Andrew Stein, Trustee AYES: Sussman, Weidenfeld, Berman, Trilling, Stein, Ottenheimer III Village President's Report A. A Proclamation Declaring June 12-June 13 as Relay for Life Days (Beverly Sussman, Jeff Berman) Packet Pg. 3 05/18/2015 2.A a C. I" E. F Trustee Berman. read a Proclamation declaring June 12-13, 2015 as Relay for Life Days in the Village of Buffalo Grove, and encouraged citizens to participate in the Relay for Life of Buffalo Grove/Stevenson High School beginning at 7: 00 P.M. on June 12, 2015 at Buffalo Grove High School. National Public Works Week (Andrew Stein) Trustee Stein read a Proclamation declaring May 17-23, 2015 at National Public Works Week in the Village of Buffalo Grove, and called upon all residents and civic organizations to acquaint themselves with the issues involved in providing our public works services and to recognize the contributions which public works personnel make every day to insure our health, safety, comfort and quality of life. Trustee Vacancy Application Process (Beverly Sussman) .-. President Sussman announced that the Village is seeking applicants to fill the unexpired Trustee; position. President Sussman then reviewed the qualifications for the position, as well as the procedure to be followed in filling the position. Village President Appointment of Village Board Portfolios (Beverly Sussman) President Sussman reviewed the Village Board Portfolios for the upcoming year, details of which �a p are contained in the Village Board Meeting Agenda Item Overview prepared by Ms. Maltas. a Appointment of Board, Commission, and Committee Members (Beverly Sussman) a President Sussman noted that final action on Committee/Commission Appointments will be a deferred until the June 15, 2015 Regular Meeting. Moved by Berman, seconded by Ottenheimer, M to defer action on final Committee/Commission appointments until the June 15, 2015 Regular Meeting, and to extend the temporary appointments that were made at the last meeting until the Ln June 15, 2015 Regular Meeting c N Appointments to the Economic Development Strategic Plan Steering Committee 00 (Beverly Sussman) Mr. Stilling announced that the first meeting for the Economic Development Strategic Plan Steering Committee will be held at 5:30 P.M. on May 26, 2015 at Village Hall. Mr. Stilling o reviewed the role of the Steering Committee, as well as the individuals that staff is recommending for that committee. Moved by Weidenfeld, seconded by Stein, to approve the staff recommended appointments to the Economic Development Strategic Plan Steering Committee. g Village Manager's Report A. a Announcement of Police Coloring Contest Winners (Dane Bragg) Sergeant Rodriguez thanked the Board for the opportunity to make this presentation, noting that bicycle safety is a topic about which he very passionate. May is Bicycle Safety Month, and one of the ways that the Police Department uses to stress the importance of bicycle helmets is to sponsor a Coloring Contest for Grades K-3. Sergeant Rodriguez then presented the awards to the winner for each grade as thev were congratulated by the audience and the Board. Fire Chief Citation Presentations (Steve Trilling) Interim Fire Chief Baker reviewed the scenario that occurred on April 1, 2015, where the Buffalo Grove Fire and Police Departments were dispatched for a man who was unconscious at the Sam Ash Music Store. Christopher Browne began performing CPR until Police Officer Greg Hill arrived and applied the AED and started the cardiac rhythm analysis. Fire Department personnel then continued aggressive care and treatment of the patient, ensuring that the patient survived and is currently recovering. The Fire Chiefs Citation was presented to Christopher Browne, Sam Ash employee, and Officer Greg Hill of the Buffalo Grove Police Department. Fire Department Company Citations were also presented to the Buffalo Grove Fire Department personnel who were present. Connie Mattera, Administrative Director and Svstem Coordinator for Northwest Community Hospital, delivered a brief statement regarding the importance of all parts of the Packet Pg. 4 05/18/2015 2.A Chain of Survival, noting that the Buffalo Grove Fire Department has some of the best paramedics anywhere on the planet. Interim Chief Baker cited that this incident illustrates the benefit for all citizens to take a class in CPR. All of those involved in this incident were heartily congratulated by the audience and the Board. Mr. Bragg thanked evervone involved for their of orts in the successful outcome in this instance. Special Business A. Public Hearing - Annexation Agreement for 23020 Easton Avenue (Lester Ottenheimer III) President Sussman called the Public Hearing for an Annexation Agreement for 23020 Easton Avenue to order at 8: 04 P.M. This Public Hearing is continued from May 4,, 2015. Roll call indicated the following present: President Sussman, Trustees Berman, Trilling, Stein, Ottenheimer; Weidenfeld. Mr. Stilling presented ann update on the proposed Annexation. Agreement, details of which are contained in his memo to the Board ofMay 14, 2015. President Sussman swore in Chris Walsh, Spearhead Properties, to give testimony. Mr. Walsh then presented additional information with regard to the overall development concept. Dee Norland, 16738 Easton Avenue, was sworn in to give testimony, and stated that she believes this proposal is too dense, and the three-story buildings are too much; there are too many variances; she would like to see fewer buildings at no more than two stories. Eric Norland, 16738 Easton Avenue, was sworn in to give testimony, and stated that Mr. Walsh has done a very nice job and the project looks nice, but they would like to see single-family homes in the neighborhood; he believes that the project should stay within the development rules; his biggest concern is the height. In answer to a question from Trustee Stein, Mr. Walsh commented on the effect this project would have on the sunlight to the surrounding homes. Mr. Walsh confirmed to Trustee Berman that they are allowed to have three-story buildings, and he commented on the surrounding property. Trustee Berman stated that what happens on this property or surrounding property will be addressed at that time based on its own merits. Mr. Raysa suggested that the Board accept into evidence Mr. Walsh's PowerPoint presentation as Exhibit L Mr. Raysa noted that the Annexation Agreement that is before the Board being d 3 C 0 �a 0 L a a Q Packet Pg. 5 05/18/2015 2.A discussed tonight is that certain Annexation Agreement dated onn page one in the upper lej't-hand corner May 11, 2015. RESULT: APPROVED [UNANIMOUS] MOVER: Jeff Berman, Trustee SECONDER: David Weidenfeld, Trustee AYES: Sussman, Weidenfeld, Berman, Trilling, Stein, Ottenheimer III 91 C. Public Hearing - Amendment to the Annexation Agreement for Prairie House Restaurant Located at 2710 Main Street (Lester Ottenheimer III) President Sussman called the Public Hearing for Amendment to an Annexation Agreement for• the Prairie House, 2710 Main Street, to order at 8: 32 P.M. This Public Hearing is continued from May 4, 2015. Roll call indicated the following present: President Sussman, Trustees Berman, Trilling, Stein, Ottenheimer, Weidenfeld. Mr. Stilling presented an update on the proposed Annexation Agreement, details of which are contained in his memo to the Board of May 14, 2015. President Sussman swore in Gary Gilliam to give testimony, after which he reviewed his request for the subject property. In answer to a question from Trustee Trilling, Mr. Gilliam reviewed the physical characteristics of the proposed construction. President Sussman asked if there were any questions from the audience; there were none. At 8: 39 P.M., the Public Hearing was continued until later on in this meeting. Public Hearing - Text Amendment to the Village of Buffalo Grove Zoning Ordinance (Lester Ottenheimer III) President Sussman called the Public Hearing fbr a Text Amendment to the Village of Buffalo Grove Zoning Ordinance, to order at 8: 39 P.M. Notice of Public Hearing was published in the Daily Herald on April 30, 2015. Roll call indicated the following present: President Sussman, Trustees Berman, Trilling, Stein, Ottenheimer; Weidenfeld. Mr. Stilling presented an update on the proposed Text Amendment to the Zoning Ordinance, details ofwhich are contained in his memo to the Board of'May 14, 2015. President Sussman swore in Adam Moodhe, 157 Mary Lu Lane, to give testimony, after which he commented on the proposed text amendment, suggesting that perhaps this should be expanded beyond drug store and grocery establishments. Mr. Stilling responded to Mr. Moodhe's suggestion, stating that staff will be monitoring the situation. Q Packet Pg. 6 2.A 05/18/2015 At 8: 45 P.M., the Public Hearing was continued until later on in the meeting. Reports from Trustees Trustee Weidenfeld commented on two recent events that contributed to the preservation and enhancement of Buffalo Grove's Green Space. Trustee Berman noted that the Lake County Department of Transportation resumed work on Arlington Heights Road, and urged residents to take this into account when traveling throughout the Village. d The Lake County Division of Transportation will be conducting a Public Hearing on May 20, 2015, in the Village c Hall to discuss improvements to Aptakisic Road. 0 �a 0 L Trustee Berman noted that he has been asked to serve on the Cooperative Planning Working Group for the a Route53/120 Blue Ribbon Task Force. Q Trustee Berman commented on the fact that the Illinois Supreme Court deemed that the latest Legislative Pension Reform bill was unconstitutional, and the impact that will have on municipalities, urging residents to contact our state legislators and urge them to leave local tax decisions to local officials. Trustee Stein congratulated the Aptakisic Jr. High School Scholastic Bowl team on winning the state Scholastic Bowl Championship. Trustee Stein announced that the 2015 Buffalo Grove Farmer's Market will resume on June 14, 2015. ConsentAaenda RESULT: ADOPTED [UNANIMOUS] MOVER: Jeff Berman, Trustee SECONDER: Lester A. Ottenheimer III, Trustee AYES: Sussman, Weidenfeld, Berman, Trilling, Stein, Ottenheimer III A. Authorization to Bid Custodial Services (Andrew Stein) SUMMARY: Staff seeks authorization to bid Custodial Services for 10 facilities and 1 event in the Village of Buffalo Grove. B. Authorization to Bid Towing and Vehicle Storage Services (Steve Trilling) SUMMARY: Staff seeks authorization to bid Towing and Vehicle Storage Services. The Towing Services will be used for vehicles as needed and requested by the Police Department. C. 0-2015-25 An Ordinance Concerning Prevailing Wages (Jeff Berman) Packet Pg. 7 05/18/2015 2.A SUMMARY: The ordinance establishes the effective prevailing wages for both Cook and Lake counties for the year beginning June 1, 2015 and ending May 31, 2016. D. 0-2015-26 Ordinance Amending Chapter 15.04, International Building Code, of the Village of Buffalo Grove (Steve Trilling) SUMMARY: The Village code currently does not have a fee established for fire inspections. The attached Ordinance establishes fire inspection fees that mirror the Village's current practice for building inspection fees. E. Authorization to Bid Board -Up Services (Steve Trilling) SUMMARY: Staff seeks authorization to bid Board -up Services that may be used in the event of a fire or other emergency that may leave a property in a condition that is not safe or secure. F. 0-2015-27 Development Ordinance Amendment (Jeff Berman) The street light standards in the Development Ordinance are being amended to allow for alternative lighting options as the current specified lights are no longer available. Ordinances and Resolutions A. R-2015-21 A Resolution Approving an Agreement for Construction Engineering Services with Gewalt Hamilton Associates, Inc. for the 2015 Street Improvement Project (Andrew Stein) Moved by Stein, seconded by Berman, to pass Resolution #2015-21, approving an Agreement for Construction Engineering Services with Gewalt Hamilton Associates, Inc. for the 2015 Street Improvement Project, in an amount not to exceed $141,200.00 and in accordance with information contained in Board packets. RESULT: ADOPTED [UNANIMOUS] MOVER: Andrew Stein, Trustee SECONDER: Jeff Berman, Trustee AYES: Sussman, Weidenfeld, Berman, Trilling, Stein, Ottenheimer III B. 0-2015-28 An Ordinance Amending Chapter 13.04, Waterworks and Sewerage System, of the Buffalo Grove Municipal Code (Steve Trilling) Moved by Trilling, seconded by Weidenfeld, to pass Ordinance #2015-28, amending Chapter 13.04, Waterworks and Sewerage System of the Buffalo Grove Municipal Code, consistent with materials contained in Board packets. RESULT: ADOPTED [UNANIMOUS] MOVER: Steve Trilling, Trustee SECONDER: David Weidenfeld, Trustee AYES: Sussman, Weidenfeld, Berman, Trilling, Stein, Ottenheimer III C. 0-2015-29 Ordinance Approving an Annexation Agreement for 23020 Easton Avenue (Lester Ottenheimer III) Moved by Ottenheimer, seconded by Berman, to pass Ordinance #2015-29, approving an Annexation Agreement for 23020 Easton Avenue, in accordance with evidence and testimony provided at the Public Hearing as well as materials provided in Board packets. RESULT: ADOPTED [UNANIMOUS] MOVER: Lester A. Ottenheimer III, Trustee SECONDER: Jeff Berman, Trustee AYES: Sussman, Weidenfeld, Berman, Trilling, Stein, Ottenheimer III D. 0-2015-30 Ordinance Annexing 23020 Easton Avenue (Lester Ottenheimer III) a Packet Pg. 8 05/18/2015 2.A Moved by Ottenheimer, seconded by Weidenfeld, to pass Ordinance 42015-30, annexing 23020 Easton Avenue in accordance with the information and testimony provided to the Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Lester A. Ottenheimer III, Trustee SECONDER: David Weidenfeld, Trustee AYES: Sussman, Weidenfeld, Berman, Trilling, Stein, Ottenheimer III E. 0-2015-31 Ordinance Approving a Rezoning to R-8 for the Property at 23020 Easton Avenue (Lester Ottenheimer III) Moved by Ottenheimer, seconded by Weidenfeld, to pass Ordinance #2015-31, approving a re- zoning to R-8 for the property at 23020 Easton Avenue in accordance with the information and testimony provided to the Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Lester A. Ottenheimer III, Trustee SECONDER: David Weidenfeld, Trustee AYES: Sussman, Weidenfeld, Berman, Trilling, Stein, Ottenheimer III F. 0-2015-32 Ordinance Amending the Annexation Agreement for the Prairie House Restaurant at 2710 Main Street (Lester Ottenheimer III) Moved by Ottenheimer,, seconded by Trilling, to pass Ordinance #2015-32, amending the Annexation Agreement for the Prairie House Restaurant at 2710 Main Street in accordance with the information and testimony provided to the Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Lester A. Ottenheimer III, Trustee SECONDER: Steve Trilling, Trustee AYES: Sussman, Weidenfeld, Berman, Trilling, Stein, Ottenheimer III G. 0-2015-33 Ordinance Granting a Variation to Section 17.36.040 for the Prairie House Restaurant at 2710 Main Street (Lester Ottenheimer III) Moved by Ottenheimer, seconded by Weidenfeld, to pass Ordinance #2015-33, granting a variation to Section 17.36.040 for the Prairie House Restaurant at 2710 Main Street in accordance with the information and testimony and evidence provided to the Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Lester A. Ottenheimer III, Trustee SECONDER: David Weidenfeld, Trustee AYES: Sussman, Weidenfeld, Berman, Trilling, Stein, Ottenheimer III H. 0-2015-34 Ordinance Approving a Text Amendment (Lester Ottenheimer III) Moved by Ottenheimer,, seconded Berman, by to pass Ordinance 42015-34, approving a Text Amendment, in accordance with the information and testimony and evidence provided to the Board. d 3 c 0 �a 0 a a Q Packet Pg. 9 05/18/2015 2.A RESULT: ADOPTED [UNANIMOUS] MOVER: Lester A. Ottenheimer III, Trustee SECONDER: Jeff Berman, Trustee AYES: Sussman, Weidenfeld, Berman, Trilling, Stein, Ottenheimer III Unfinished Business New Business A. Award of Bid for 2015 Street Improvement Project (Andrew Stein) Moved by Stein, seconded by Trilling, to award bid for 2015 Street Improvement Project to Peter Baker & Son Company in an amount not to exceed $1, 673, 677.00 in accordance with information contained in Board packets. Mr. Bragg stated that the scope of the project was reduced to offset any, potential loss of MFT funds due to state budget restrictions. RESULT: APPROVED [UNANIMOUS] MOVER: Andrew Stein, Trustee SECONDER: Steve Trilling, Trustee AYES: Sussman, Weidenfeld, Berman, Trilling, Stein, Ottenheimer III B. Award of Bid for the Camelot Lift Station Reconstruction Project to Marc Kresmary Construction LLC (Andrew Stein) Moved by Stein, seconded by Trilling, to award bid for Camelot Lift Station Reconstruction Project to Marc Kresmary Construction LLC in an amount not to exceed $554,500.00 in accordance with information contained in Board packets. Q Trustee Trilling commented on the fact that there were only two bids received for this project, and he would like to stress to try and ascertain how many people are actually bidding a project, and to try and obtain at least three or four bids on a project of this type. In answer to a question from Trustee Berman, Mr. Bragg commented on the fact that the bids came in higher than anticipated on this project. RESULT: APPROVED [UNANIMOUS] MOVER: Andrew Stein, Trustee SECONDER: Steve Trilling, Trustee AYES: Sussman, Weidenfeld, Berman, Trilling, Stein, Ottenheimer III C. Award of Bid for Street Light Maintenance to Aldridge Electric, Inc. (Andrew Stein) Moved by Stein, seconded by Ottenheimer, to award bid for Street Light Maintenance to Aldridge Electric, Inc. in an amount not to exceed $216,000.00 in accordance with information contained in Board packets. Packet Pg. 10 05/18/2015 2.A RESULT: APPROVED [UNANIMOUS] MOVER: Andrew Stein, Trustee SECONDER: Lester A. Ottenheimer III, Trustee AYES: Sussman, Weidenfeld, Berman, Trilling, Stein, Ottenheimer III Questions From the Audience President Sussman 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 no such questions. Executive Session Adjournment The meeting was adjourned at 9:23 PM Janet Sirabian Village Clerk APPROVED BY ME THIS 18th DAY OF May , 2015 Beverly Sussman, Village President Q Packet Pg. 11 06/1 /2015 2.B MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON MONDAY, JUNE 1, 2015 Call to Order The meeting was called to order at 6:05 PM by Village President Beverly Sussman Roll Call Roll call indicated the following present: President Sussman; Trustees Berman, Trilling, Stein, Ottenheimer and Weidenfeld. Executive Session Executive Session - Selection of Person to Fill Public Office: Section 2(C)(3) of the Illinois Open Meetings Act (Beverly Sussman) Moved by Weidenfeld, seconded by Berman, to move to Executive Session for the purpose of discussing Appointment of Public Officers, Section 2 (c)(3) of the Illinois Open Meetings Act. Upon roll call, Trustees voted as follows: AYES: 5 - Berman, Trilling, Stein, Ottenheimer, Weidenfeld NAYS: 0 - None Motion declared carried Adjournment The meeting was adjourned at 10:37 PM Janet Sirabian Village Clerk APPROVED BY ME THIS 1st DAY OF June 2015 Beverly Sussman, Village President Packet Pg. 12 3.A Action Item : Approval of Warrant #1250 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. Total Warrant #1250 $4,184,348.64 ATTACHMENTS: • W#1250 Summary (PDF) Trustee Liaison Trustee Ottenheimer III Monday, June 15, 2015 Staff Contact Paula Opatrny, Finance Updated: 6/10/2015 4:16 PM Page 1 Packet Pg. 13 3.A.a VILLAGE OF BUFFALO GROVE WARRANT #1250 15-Jun-15 General Fund: 772,819.60 Parking Lot Fund: 232.41 Motor Fuel Tax Fund: 87,713.15 Debt Service Fund: 147,406.25 School & Park Donations 0.00 Capital Projects -Facilities: 423,769.72 Capital Projects -Streets: 0.00 Health Insurance Fund: 0.00 Facilities Development Debt Service Fund: 0.00 Retiree Health Savings (RHS): 0.00 Water Fund: 479,864.65 Buffalo Grove Golf Fund: 91,092.11 Arboretum Golf Fund: 148,251.99 Refuse Service Fund: 74,085.43 Information Technology Internal Service Fund: 79,793.71 Central Garage Internal Service Fund: 77,392.40 Building Maintenance Internal Service Fund: 33,088.13 2,415,509.55 PAYROLL PERIOD ENDING 05/21/15 887,355.67 PAYROLL PERIOD ENDING 06/04/15 881,483.42 1,768,839.09 TOTAL WARRANT #1250 4,184,348.64 APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Village Clerk Village President 0 u� N *k r� C ca i i c� 0 �a 0 a a Q co co E E 0 co 0 LO N c m E z ca Q Packet Pg. 14 4.A Information Item : A Proclamation Commending Adlai E. Stevenson High School's Fiftieth Anniversary ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. The Village of Buffalo Grove recognizes Adlai E. Stevenson High School for fifty amazing years of providing the best education possible for the children of Buffalo Grove. ATTACHMENTS: • SHS proclamation (DOC) Trustee Liaison Village President Sussman Monday, June 15, 2015 Staff Contact Jenny Maltas, Office of the Village Manager Updated: 6/11/2015 4:14 PM Page 1 Packet Pg. 15 4.A.a �r 11 . Or n�f";°t"illItBit�laaI611` "I '4 l,y r f !t (, .i )"Itl Village of Buffalo Grove RECOGNIZING ADLAI E. STEVENSON HIGH SCHOOL'S 50TH ANNIVERSARY WHEREAS, Adlai E. Stevenson High School opened its doors in 1965 in Lincolnshire and serves students from the communities of Lincolnshire, Long Grove, Prairie View, Buffalo Grove, Mundelein, Kildeer, Hawthorn Woods, Vernon Hills, Lake Zurich, Lake Forest, Mettawa, Riverwoods, Bannockburn and Deerfield; and WHEREAS, Adlai E. Stevenson High School will celebrate its 50th anniversary throughout its 2015-16 academic year; and WHEREAS, Adlai E. Stevenson High School's enrollment totals approximately 3,887 students in grades 9 through 12 with an average class size of 22 and an exemplary student to teacher ratio of 16toI;and WHEREAS, Adlai E. Stevenson High School in 2010, was one of five schools in the country to receive the John F. Kennedy Center for the Performing Arts National Schools of Distinction in Arts Education Award; and WHEREAS, Newsweek and U.S. News and World Report regularly have included Adlai E. Stevenson High School in their lists of America's best public high schools; and WHEREAS, Adlai E. Stevenson High School is regularly listed as the top open -enrollment public high school in the state by those publications. Also, in its September 27, 2011 edition, U.S. News listed Stevenson as having the top -ranked mathematics and science program in Illinois among open -enrollment public high schools; and WHEREAS, Adlai E. Stevenson High School has competed at an elite level at the in state tournaments by winning over 30 state team titles as well as over 50 individual state titles; and NOW THEREFORE, BE IT RESOLVED by that I, Beverly Sussman, President of the Board of Trustees of the Village of Buffalo Grove recognize Adlai E. Stevenson High School for fifty amazing years of providing the best education possible for the children of Buffalo Grove. Proclaimed this 15th day of June 2015. Beverly Sussman Village President Packet Pg. 16 4.B Information Item : A Proclamation Recognizing Aniket Nuthalapati's Accomplishments at the 2015 Scripps National Spelling Bee ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. The Village of Buffalo Grove is proud to recognize Ani Nuthalapat?s immense accomplishment of competing in the 2015 Scripps National Spelling Bee. ATTACHMENTS: • spelling bee proclamation (DOC) Trustee Liaison Village President Sussman Monday, June 15, 2015 Staff Contact Dane Bragg, Office of the Village Manager Updated: 6/11/2015 4:17 PM Page 1 Packet Pg. 17 4.B.a r '4 l,y r f !t (, .i )"Itl Village of Buffalo Grove RECOGNIZING ANIKET NUTHALAPATI'S ACCOMPLISHMENTS IN THE 2015 SCRIPPS NATIONAL SPELLING BEE WHEREAS, Scripps National Spelling Bee is the nation's largest and longest -running educational promotion, administered on a not -for -profit basis by The E.W. Scripps whose purpose is to help students improve their spelling, increase their vocabularies, learn concepts, and develop correct English usage that will help them all their lives; and WHEREAS, Aniket Nuthalapati won the Regional Spelling Bee conducted by the Lake County Regional Office of Education. Ani qualified for the Scripps National Spelling Bee 2015; and WHEREAS, Aniket Nuthalapati was the only Illinois participant to qualify for the semifinals of the Scripps National Spelling Bee in Washington, D.C. at the end of May; and WHEREAS, Aniket Nuthalapati finished 18 out of 285 contestants from the United States, Canada, China, Japan, Africa and Europe; and WHEREAS, Aniket Nuthalapati enjoys volunteering with community service ventures, particularly Feed My Starving Children, an organization committed to feeding hungry children worldwide; and NOW THEREFORE, BE IT RESOLVED by that 1, Beverly Sussman, President of the Board of Trustees of the Village of Buffalo Grove is proud to recognize Aniket Nuthalapat's immense accomplishment of competing in the 2015 Scripps National Spelling Bee. Proclaimed this 15th day of June 2015. Beverly Sussman Village President Packet Pg. 18 4.0 Information Item : A Proclamation Commending Lake County Honor Flight for Their Service to the Veterans of Buffalo Grove ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. Village of Buffalo Grove commends Lake County Honor Flight for their service to those who served as well as the proud veterans who call Buffalo Grove home. ATTACHMENTS: • honor flight proclamation (DOC) Trustee Liaison Village President Sussman Monday, June 15, 2015 Staff Contact Jenny Maltas, Office of the Village Manager Updated: 6/10/2015 4:31 PM Page 1 Packet Pg. 19 4.C.a �r 11 . Or n�f";°t"illItBit�laaI611` "I '4 l,y r f !t (, .i )"Itl Village of Buffalo Grove COMMENDING LAKE COUNTY HONOR FLIGHT FOR THEIR SERVICE TO THE VETERANS OF BUFFALO GROVE WHEREAS, conceived by Earl Morse, a physician assistant and retired Air Force Captain, the sole mission of Honor Flight®, which has a national network of non-profit hubs throughout the U_ country, is to honor America's Veterans for all the sacrifices they havee made on behalf of our o country; and o x WHEREAS, the inaugural Honor Flight® took place in May of 2005 flying six small planes out Go of Springfield, Ohio, taking only 12 World War 11 Veterans on a visit to their memorial in Washington, D.C. Since inauguration, Honor Flight® has flown more than 100,000 veterans from their cities all over the country to Washington, D.C.; and 2 WHEREAS, the mission of Lake County Honor Flight and the Honor Flight Network is to fly American's Veterans to Washington D.C. to visit those memorials dedicated to honor their sacrifices. Top priority is given to America's most senior veterans -survivors of WWII -followed by Korean & Vietnam Veterans and any veterans with a terminal illness who wish to visit their memorial; and WHEREAS, Lake County Honor Flight has honored the following Buffalo Grove veterans: Air Force Sergeant Mike Halperin, Army Sergeant Abe Kamikow, Army Corporal Marvin Azriel, Army Sergeant Lou Ellison, Army Specialist Third Class Allan Hoffman, Army Private First Class Martin Rockwell, Corporal Martin Saltzman, and Army Private First Class Martin Rosman; as well as Group Leader Toni Colhoff and Guardian Bob Rutan.; and NOW THEREFORE, BE IT RESOLVED by that 1, Beverly Sussman, President of the Board of Trustees of the Village of Buffalo Grove commend Lake County Honor Flight for their service to those who served as well as the proud veterans who call Buffalo Grove home. Proclaimed this 15th day of June 2015. Beverly Sussman Village President Packet Pg. 20 4.D Action Item : Trustee Vacancy Appointment ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends discussion The Village of Buffalo Grove interviewed applicants for the position of Trustee to fill an unexpired term ending April 30, 2017. Candidates possessed skills and experience in community affairs, business administration, organizational leadership and community development. In accordance with Illinois Compiled Statues (65 ILCS 5/3.1-10-5), any person appointed to the position of Trustee shall be a qualified elector of the Village of Buffalo Grove and have resided within the corporate limits at least one year next preceding the date of appointment. Trustee Liaison Village President Sussman Monday, June 15, 2015 Staff Contact Dane Bragg, Office of the Village Manager Updated: 6/10/2015 11:26 AM Page 1 Packet Pg. 21 4.E Action Item : Appointment of Board, Commission, and Committee Members ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval President Sussman will make appointments to the Village's Board, Commissions, and Committees. Only Commission/Committee members who have notified the Village they can no longer serve have been removed from the list. ATTACHMENTS: • Appointment of Board, Commission, and Committee Members (DOCX) Trustee Liaison Village President Sussman Monday, June 15, 2015 Staff Contact Jenny Maltas, Office of the Village Manager Updated: 6/10/2015 11:29 AM Page 1 Packet Pg. 22 `paeo8 jo;uewjuioddd : qq��) s.aagwoW aa};iu woo pue `uoissiwwoo `pjeo8 jo;uawluioddd quawLIDe;;d W Iq M N a1 a aD o C d O U -O I10 C L ) I10 C L G Q Q ai +-) N L a1 i aO-+ O O O 'a ca m .`^ E E V L aJ a1 c �n - to U L m c Y O w a) �° Y O O m (0 a0 O C 'a m col O ✓, E E ul N C co u Of E c0 O <7 L U O U I a a) O C co E Q � O O 2E a1 N O 2 _ C f6 E L O Z 4-1 f 6 C f6 E L O Z t OC C fE E L O Z O OC C O —" -O O O J > O L O 6 C O L O E Y 3 a to O Y § a U f6 a O 1 U E a (u 1 U E a O fB OC 'E O fB 1 N L > 1 d0 Ln C N O Q v Y O co a) O X L O m U M M 0 O u I a1 +, c 4-1 +O > O O 0 C7 -0 O C7 u Oa1 a1 C7 a1 Q1 C7 L (V U a-+ � u 2 +� � @ 2 v VI ci 0 O V) cuO v L c to N Y N v a1 ro N N Y J L O V) E O U +1 i Q V) O a1 L O m > +1 Ln n ra E 7 co L V) L a1 C7 > ca ULA C °' (7 t V .2 W �_ a1 +' L (6 2 ns co m E L a1 2 Q C io E Z L L.L U cn a1 C J i a1 ai C cn L.L C m E V) a1 n ca a > ° V O — w m v v (6 O ra Q > a1 V) O ns Q > v +� v 03 c 2 +� a1 m L ai co `per se em mdd¥:qq�L sa woW9 mmmoppue` gs|wwoo`peo ee juawluRdd¥ quawLIDelIv w Iq IRT q a \ a -0I � / g J $ 2 R e LL # CL k E / f / \ ƒ 3 / / / k 3 \ 2 2 ( ° ® L _ c / 0 = ƒ § (D 4 / cu [ 5 Q u m 2 / / ® \ ƒ \ / .g £ . / n ( 'E 3 @ \ / \ \ k 'k E / \ ƒ u m ) s s ( 2 2 $ \ < ƒ a f _ / §_ /LO \ 2 m 2 # ¥ 2 I 7 ® E 7 / / 'E $ \ / E \ q o \ f 3 4 / ' ƒ / / 1 \ 3 _ o \ / I \ I -0 �!e 2 / \ \ � m R / �Z / L = m ° m 3 m 2 ¥ I / § 3 � •\ _ § _a \ / f 0 R % 3 o ƒ \ \ / E 5 u o 4 4-1 \ 9 o 2 E J 2 E s 2 \ 3 \ / U-) � / /Ln % / e t / / § 2 / / -C % -/ $ [ 0 5 / 9 7 ° / 2 _ / £ U) m d j G C ƒ \ / B \ / `paeo8 jo;uewjuioddd : qq��) sjagwoW aa};iu woo pue `uoissiwwoo `pjeo8 jo;uawluioddd quawLIDe;;d (a W Iq Ln N a1 a aD a 5.A Information Item : Special Olympics Fundraising Update ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends presentation. Chief Casstevens will provide an update on the fund-raising events that the police department has engaged in to benefit Special Olympics of Illinois. Trustee Liaison Village Manager Bragg Monday, June 15, 2015 Staff Contact Steven Casstevens, Police Updated: 6/11/2015 4:25 PM Page 1 Packet Pg. 26 9.A Resolution No. R-2015-22 : A Resolution to Consider an Intergovernmental Agreement with the Village of Long Grove ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends that the Village Board approve the intergovernmental agreement with the Village of Long Grove. For the Board?s consideration is an intergovernmental agreement (IGA) with the Village of Long Grove providing property maintenance inspections and adjudication services. Additional information regarding the draft IGA are provided in the attached memorandum. ATTACHMENTS: • BOT Memo (DOCX) • Resolution for IGA (DOCX) • Draft IGA (DOCX) Trustee Liaison Trustee Weidenfeld Monday, June 15, 2015 Staff Contact Chris Stilling, Building & Zoning Updated: 6/10/2015 4:46 PM Page 1 Packet Pg. 27 9.A.a °j'°11,L,'W'E OF WJIFFF1Ot.1:1i' )YF MEMORANDUM DATE: June 10, 2015 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development SUBJECT: Intergovernmental Agreement with the Village of Long Grove Backeround The Village of Long Grove is seeking assistance with property maintenance inspections and adjudication services from Buffalo Grove. For the Board's consideration is an intergovernmental agreement (IGA) with the Village of Long Grove providing property maintenance inspections and adjudication services. Key Terms The term of the agreement is two (2) years with the option for renewal. The following is a list of key responsibilities for Buffalo Grove: Property Maintenance Inspections • The Village of Buffalo Grove will provide up to 8 hours of inspection time per week to the Village of Long Grove for enforcement of the International Property Maintenance Code; • The Village of Buffalo Grove will prepare written records identifying the date, time, and location of inspections and appropriate descriptions and documentation of all violations; • The Village of Buffalo Grove will issue tickets and attend hearings, court proceedings, and meetings as requested by Long Grove • The Village of Buffalo Grove will provide weekly updates on the status of inspections scheduled and performed and other outstanding inspection matters. Administrative Adjudication • The Village of Buffalo Grove will provide the hearing officer and prosecutor; • The Village of Buffalo Grove will develop the hearing docket and correspondence; • The Village of Buffalo Grove will collect and deliver payments as a result of the hearing; • The Village of Buffalo Grove will provide clerical, software, facilities, supplies needed to conduct the adjudication process. Compensation The Village of Buffalo Grove will be compensated as follows: Inspections, hearing or court attendance, and off -site $58.00 per hour (min of 1.5 hours per meetings attended by an Inspector, including travel time: request) Hearing Days, including all hearing calls conducted that $100.00 per day, plus 50% of fines or fees day: collected at the hearing Action Requested Staff recommends that the Village Board approve the IGA with the Village of Long Grove. Page 1 Packet Pg. 28 9.A.b 6/05/2015 #103141 RESOLUTION NO. 2015 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGES OF LONG GROVE AND BUFFALO GROVE WHEREAS, the Village of Buffalo Grove operates an administrative adjudication system ("Buffalo Grove System") through which an administrative hearing officer ("Hearing Office') conducts administrative hearings to adjudicate certain violations of the Buffalo Grove Village Code pursuant to Chapter 2.62 of the Buffalo Grove Village Code; and WHEREAS, the operation of the Buffalo Grove System is authorized by the Illinois Municipal Code; and WHEREAS, the President and Board of Trustees of the Village of Long Grove have determined that it is in the best interests of the Village Long Grove and its residents to administratively adjudicate violations of the of the Long Grove Property Maintenance Code, as set forth in Title 4, Chapter 14 of the Long Grove Village Code as amended from time to time via the Buffalo Grove System; and WHEREAS, the Village President and Board of Trustees of the Village of Long Grove have determined to approve an intergovernmental agreement with the Village of Buffalo Grove in substantially the form attached hereto as Exhibit A to provide for such administrative adjudication of violations. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COUNTY OF COOK AND LAKE, STATE OF ILLINOIS, as follows: 1 5R Packet Pg. 29 9.A.b SECTION ONE: Recitals. The foregoing recitals are hereby incorporated into and made a part of this Resolution as if fully set forth herein. SECTION TWO: Approval; Execution. The Village President and Board of Trustees hereby: (i) approve the Agreement with the Village of Long Grove in substantially the form attached hereto as Exhibit A; and (ii) authorize the Village President or Village Manager and Village Clerk to execute and attest such Agreement on behalf of the Village. SECTION THREE: Effective Date. This Resolution shall be in full force and effect from and after its passage and approval. PASSED this day of June, 2015. AYES: NAYS: ABSENT: APPROVED this day of June, 2015 ATTEST: 4 Beverly Sussman, Village President 5R Packet Pg. 30 9.A.b Village Clerk N N _LO O N Q L O w C O _7 O N O C G1 E t v tC Q Packet Pg. 31 9.A.c INTERGOVERNMENTAL AGREEMENT BETWEEN AND AMONG THE VILLAGES OF LONG GROVE AND BUFFALO GROVE CONCERNING ADMINISTRATIVE ADJUDICATION THIS INTERGOVERNMENTAL AGREEMENT ("Agreement') is made and entered into as of the day of 2015 ("Execution Date'), by and between the VILLAGE OF LONG GROVE, an Illinois municipal corporation ("Long Grove") and the VILLAGE OF BUFFALO GROVE, an Illinois municipal corporation ("Buffalo Grove') (each a "Party' and collectively, the "Parties"). WITNESSETH: WHEREAS, Buffalo Grove operates an administrative adjudication system ("Buffalo Grove System") through which an administrative hearing officer ("Hearing Officer'') conducts administrative hearings to adjudicate certain violations of the Buffalo Grove Village Code pursuant to Chapter 2.62 of the Buffalo Grove Village Code; and WHEREAS, the operation of the Buffalo Grove System is authorized by Division 1-2.1 of the Illinois Municipal Code, 65 ILCS 5/1-2.1-1 et seq. and Division 11-31.1 of the Illinois Municipal Code, 65 ILCS 5/11-31.1-1 et seq. (collectively, the "Requirements of LaW'); and WHEREAS, Long Grove has adopted, or will adopt prior to the Effective Date of this Agreement, an ordinance ("Long Grove Ordinance"), which authorizes Long Grove to administratively adjudicate violations of the of the Long Grove Property Maintenance Code, as set forth in Title 4, Chapter 14 of the Long Grove Village Code as amended from time to time, pursuant to the Long Grove Ordinance and the Requirements of Law ("Violations"); and WHEREAS, pursuant to the Buffalo Grove System, and in accordance with the Requirements of Law, at the conclusion of an administrative hearing, the Hearing Officer makes a determination and issues a written ruling on the basis of the evidence presented at the hearing as to whether or not a code violation exists ("Final Judgment'); and WHEREAS, Long Grove desires to adjudicate the Violations via the Buffalo Grove System, and Buffalo Grove desires to facilitate the inspection, documentation, and adjudication of the Violations in the Buffalo Grove System by providing related services as described in this Agreement and pursuant to the Requirements of Law ("Adjudication Services"); and WHEREAS, to achieve these and other related objectives, the Parties desire to utilize a the powers and authority granted to them, individually and collectively, pursuant to Article VII, Section 10 of the Illinois Constitution of 1970 and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; and ❑ c WHEREAS, this Agreement sets forth the terms and conditions pursuant to which E Buffalo Grove will provide Long Grove access to and use of the Buffalo Grove System for processing Violations through the Buffalo Grove System; and a WHEREAS, after full consideration of all planning, fiscal, and other intergovernmental issues affecting this matter, each of the Parties has determined that it is in the best interests of its citizens and of the general public welfare that the Parties execute and implement this Agreement; and Packet Pg. 32 9.A.c WHEREAS, the Parties have each approved this Agreement by an ordinance or resolution duly adopted by the Party's corporate authorities; and NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein made and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby mutually acknowledge, and pursuant to all applicable statutes and local ordinances, specifically including, but without limitation, Article VII, Section 10 of the Illinois Constitution of 1970, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., and the Requirements of Law, the Parties hereby agree as follows: Section 1. Recitals. The foregoing recitals are, by this reference, incorporated into and made a part of this Agreement. Section 2. Purpose. This Agreement is made for the purpose of inspecting and adjudicating the Violations in the Buffalo Grove System, through and including entry of Final Judgment on the Violations by the Hearing Officer and collection of fees and fines imposed pursuant to such Final Judgment, in accordance with the Requirements of Law. Section 3. Term; Effective Date. A. Term. The term of this Agreement is two (2) years from the effective date of this Agreement ("Term"), provided that either Party may terminate this Agreement without cause during the Term, or any subsequent renewals of the Term, by providing thirty (30) days' written notice of termination to the other Party by certified mail or personal delivery. Either Party may renew this Agreement for additional, consecutive one (1) year terms by providing written notice to the other Party at least sixty (60) calendar days prior to the end of the Term, or any subsequent renewal of the Term, unless the Agreement is terminated by either Party in accordance with this Section 3.A. B. Effective Date. This Agreement shall take effect upon July 1, 2015 ("Effective Date"). Section 4. General Cooperation. The Parties will cooperate with each other in furtherance of the purposes, goals, and objectives of this Agreement. Cooperation required by this Agreement specifically includes, but is not limited to, the mutual establishment of operating procedures and the sharing and joint utilization by and among the Parties of information and other materials necessary to adjudicate the Violations in the Buffalo Grove System, through and including entry of Final Judgment on the Violations by the Hearing Officer, pursuant to the Requirements of Law. Section 5. Inspection and Adjudication of Violations. A. Operating Procedures. Before inspecting or adjudicating any Violations in the Buffalo Grove System, the Parties will establish agreed operating procedures for the adjudication of the Violations that are consistent with the terms of this Agreement and comply with the Requirements of Law ("Operating Procedures"). The Operating Procedures shall be deemed incorporated into this Agreement without further notice upon their approval by both the Long Grove Village Manager and the Buffalo Grove Village Manager or their respective designees, provided that if any conflict exists between the Operating Procedures and this Agreement, the terms and provisions of this Agreement shall control. L c W E s U 2 a Packet Pg. 33 9.A.c B. Adiudication Services. The Adjudication Services shall consist of the inspection, hearing, adjudication, administration, and collection services set forth in this Section 5.B. Inspection services shall be performed by Buffalo Grove building or property inspectors as the authorized designees of the Long Grove Code Official. Inspections of potential Violations shall generally be performed between 11:30 a.m. and 3:30 p.m. on Tuesdays and Thursdays, or as otherwise agreed by the Parties. Administrative hearings and adjudications to be processed through the Buffalo Grove System shall normally proceed at regular intervals on a date and time to be determined by Buffalo Grove. Buffalo Grove shall provide Long Grove at least forty five (45) days notice of any change in a scheduled administrative hearing date. Such Adjudication Services (other than inspection activities) under this Agreement shall be held at Buffalo Grove Village Hall, 50 Raupp Blvd., Buffalo Grove, IL 60089, unless otherwise designated by Buffalo Grove. The Adjudication Services Buffalo Grove shall provide to Long Grove pursuant to the Operating Procedures and this Agreement include: Up to eight (8) hours per week of inspection services, including: a. inspection of potential Violations identified by Long Grove; b. preparation of written records identifying the date, time, and location of inspections and appropriate descriptions and documentation of all Violations observed; C. issuance of tickets for Violations; d. attendance at hearings, circuit court proceedings, and meetings as requested by Long Grove; e. provision of weekly updates on the status of inspections scheduled and performed and other outstanding inspection matters as requested by Long Grove; and travel time. 2. Adjudication facilities, including a hearing room accessible to the general public and Long Grove personnel and equipped with internet access, screen and projector, computer monitor, and audio recording equipment available to record the adjudication of Violations; 3. Clerical services, including: a. provision of an annual hearing schedule for the Buffalo Grove System, including the times and dates on which Long Grove may schedule hearing calls for the adjudication of the Violations before the Hearing Officer ("Hearing Calls"); b. creation of a hearing docket listing each of the Violations scheduled by Long Grove for a specific Hearing Call that Buffalo Grove will provide to Long Grove and the Hearing Officer in advance of the hearings on the Violations; L c W E s U �a 2 Packet Pg. 34 9.A.c C. providing copies of any continuances, findings, decisions, and orders of the Hearing Officer as to each Violation, including mailing such copies to defendants who are not present at the hearing; d. preparation of a written record listing the result of each case and the corresponding fines, if any, imposed and collected for each case; e. receipt and delivery of any payments made by cash or check to Long Grove's authorized representative at the end of each hearing day of all fines imposed and received for the Violations during each Hearing Call, or, if no Long Grove authorized representative is present at the Hearing Call, holding all such fines for the Violations until collection by Long Grove's authorized representative; assembly and maintenance of a copy of the complete hearing record concerning each Violation, including without limitation copies of the notices of the Violation, the order(s) of the Hearing Officer, the hearing recording and any documents or other evidence presented during the hearing ("Administrative Hearing Record'); g. such other services as the Parties may mutually agree are necessary to facilitate the hearing of the violations by the Hearing Officer; 4. Administrative hearing services, including the provision of a Hearing Officer who is qualified pursuant to the Requirements of Law and who will adjudicate the Violations through and including entry of Final Judgment on each Violation; 5. Receipt and processing of all fines and fees for Violations in accordance with the Requirements of Law; and 6. Such other services as the Parties may agree are necessary for the N inspection, documentation, and adjudication of the Violations in the Buffalo Grove System in compliance with the Requirements of Law. C. Long Grove Responsibilities. Notwithstanding the provisions of Subsection 5.B of this Agreement, the Adjudication Services do not include, and Long Grove shall be solely ❑ responsible for: (1) the decision to adjudicate any Violation, (2) the preparation and issuance of multiple copy Violation notice forms in compliance with the Long Grove Village Code, (3) the E provision of authorized representatives, personnel, exhibits and witnesses (other than Buffalo M Grove building and property inspectors) that Long Grove deems necessary to represent Long Grove and prosecute Long Grove's case before the Hearing Officer, and (4) the decision and a duty to prosecute or defend any appeal(s) of a Final Judgment and/or subsequent appellate judgments on any Violation and any and all costs, fees and expenses related thereto. Packet Pg. 35 9.A.c D. Appeals of Violations. If Long Grove notifies Buffalo Grove that a defendant or Long Grove has appealed a final judgment on a Violation by filing a complaint for administrative review with the Lake County Circuit Court, Buffalo Grove will provide Long Grove with the complete Administrative Hearing Record for the Violation no later than one week after receipt of such notice. Upon receipt of the Administrative Hearing Record, Long Grove will pay Buffalo Grove an Administrative Hearing Record Fee of $15.00, or such other amount as is agreed to by the Parties to compensate Buffalo Grove for reasonable copying costs and staff time incurred in the preparation of the Administrative Hearing Record for such Violation. Long Grove shall be solely responsible for prosecuting and/or defending any and all appeals through administrative review, or otherwise. E. Proposed Changes in the Operation of the Buffalo Grove System. If the Buffalo Grove Village Board considers any amendments to the Buffalo Grove Village Code that concern or otherwise relate to the authorization for, or operation of, the Buffalo Grove System, Buffalo Grove agrees to provide Long Grove with advance notice of any such proposed amendments prior to their adoption. Section 6. Compensation. Long Grove shall pay, no later than 30 calendar days after invoice, the following compensation to Buffalo Grove for Adjudication Services provided on any hearing date(s) that Violations are scheduled: Inspections, hearing or court attendance, and off -site $58.00 per meetings attended by an Inspector, including travel time: hour (with a minimum of 1.5 hours during any day) Hearing Days, including all hearing calls conducted that $100.00 per day: day, plus 50% of fines or fees collected at the hearing Hourly fees shall be billed in six (6) minute increments. All invoices for hourly fees shall include N the date services were provided, the address or other case/project identifier for the matter on which the services were rendered, a description of the services rendered, and the amount of a time spent providing the service. Buffalo Grove shall provide invoices for fees and charges to Long Grove on a monthly basis. Long Grove shall be responsible for the prompt payment of fees, charges, and costs incurred in accordance with this Agreement during the Term, including o any subsequent renewal terms. CD Section 7. Insurance. Each Party shall procure and maintain throughout the Term of this s Agreement, including any subsequent renewal terms, the following minimum insurance o coverages: a A. Commercial general liability insurance with a minimum $1,000,000 combined single limit per occurrence for bodily injury, personal injury, property damage, and contractual liability. Packet Pg. 36 9.A.c B. Business automobile liability insurance for any vehicle owned, non -owned, or rented by the Party and used in connection with the performance of this Agreement with a minimum $1,000,000 combined single limit per accident for bodily injury, property damage, and vehicle physical damage for property damage to any owned vehicle. C. Workers' compensation with not less than statutory limits and employers' liability coverage with a minimum $1,000,000 combined single limit per occurrence. Each Party shall provide to the other Party on an annual basis certificates of insurance reflecting the minimum coverages and amounts required by this Section 7. Section 8. General provisions. A. Notices. Unless otherwise provided in this Agreement, all notices required or permitted to be given to the Parties under this Agreement shall be given by: (i) personal delivery; (ii) deposit in the United States mail, enclosed in a sealed envelope with first class postage thereon; or (iii) deposit with a nationally recognized overnight delivery service, addressed as stated in this Section 8.A. The address of any Party may be changed by written notice to the other Parties. Any mailed notice shall be deemed to have been given and received within three days after the same has been mailed and any notice given by overnight courier shall be deemed to have been given and received within 24 hours after deposit. Notices and communications to each Party shall be addressed to, and delivered at, the following addresses: Long Grove: Village of Long Grove 3110 Old McHenry Road Long Grove, IL 60047 Attn: Village Manager With a copy to: Victor P. Filippini, Jr. Filippini Law Firm 990 Grove Street, Suite 220 Evanston, IL 60201 Buffalo Grove: Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, IL 60089 Attn: Village Manager With a copy to: William G. Raysa Tressler LLP 22 S. Washington Ave. Park Ridge, Illinois 60068 B. Entire Agreement. There are no representations, covenants, promises, or obligations not contained in this Agreement that form any part of this Agreement or upon which any of the Parties is relying in entering into this Agreement. This Agreement, and all covenants and provisions herein contained shall bind and inure to the benefit of each respective local governmental entity which is a party hereto and their respective successors and assigns. C. Severability. If any provision of this Agreement is construed or held to be void, invalid, or unenforceable in any respect, the remaining provisions of this Agreement shall not be affected thereby but shall remain in full force and effect. 0 c aD E s U a Packet Pg. 37 9.A.c D. Interpretation. It is the express intent of the Parties that this Agreement shall be construed and interpreted so as to preserve its validity and enforceability as a whole. In case of any conflict among the provisions of this Agreement, the provision that best promotes and reflects the intent of the Parties shall control. The Parties hereto have been represented by counsel and have had full opportunity to discuss this Agreement prior to execution. This Agreement shall be construed without regard to the identity of the Party who drafted the various provisions of this Agreement. Moreover, each and every provision of this Agreement shall be construed as though all Parties to this Agreement participated equally in the drafting thereof. As a result of the foregoing, any rule or construction that a document is to be construed against the drafting party shall not be applicable to this Agreement. E. Amendments and Modifications. This Agreement shall not be modified, changed, altered, or amended without the duly authorized and written consent of each of the Parties by their respective corporate authorities and pursuant to ordinance(s) or resolution(s) duly adopted and approved by the Party's corporate authorities. No amendment or modification to this Agreement shall be effective until it is reduced to writing and approved by the corporate authorities of each Party and properly executed in accordance with all applicable law. F. Authority to Execute. Each Party hereby warrants and represents to each other Party that the person executing this Agreement on its behalf has been properly authorized to do so by the corporate authorities of the Party. G. No Third Party Beneficiaries. Nothing in this Agreement shall create, or shall be construed or interpreted to create, any third party beneficiary rights. This Agreement is entered into for the benefit of each of the Parties, solely, and not for the benefit of any third party. Nothing contained in this Agreement shall constitute a waiver of any privileges, defenses or immunities which either Party may have under the Local Government and Governmental Employees Tort Immunity Act with respect to any claim brought by a third party. H. No Assignments or Transfers. No party to this Agreement shall have the right to assign or transfer this Agreement or rights herein. I. Indemnification. Each Party (the "Indemnifying Party'l hereby agrees to c.� indemnify, hold harmless and defend the other Party (each an "Indemnified Party') from and against any and all losses, claims, expenses and damages (including reasonable attorneys' N fees) made against or incurred by the Indemnified Party for any actions taken or failures to actLO by the Indemnifying Party in connection with the prosecution and/or adjudication of the N Violations or the use or operation of the Buffalo Grove System, to the extent that such claims were not caused by actions, or failures to act, of the Indemnified Party. a J. Execution. This Agreement shall be executed by all of the Parties in identical original duplicates and each of the duplicates shall, individually and taken together, constitute o one and the same Agreement. W E s U [Signatures continues on next page.] a Packet Pg. 38 9.A.c IN WITNESS WHEREOF, the Parties have by their duty authorized officers and representatives set their hands and affixed their seals to be effective as of the Effective Date of this Agreement. ATTEST: By: Village Clerk ATTEST: By: Village Clerk VILLAGE OF LONG GROVE By: Village Manager VILLAGE OF BUFFALO GROVE By: Village Manager Packet Pg. 39 9.B Ordinance No. 0-2015-35 : An Ordinance Amending Chapter 5.20 Liquor Controls ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. India House Restaurant at 228 McHenry Road was recently sold. Therefore, the Class A liquor license for Cafe Madras, Inc. d/b/a India House at 228 McHenry Road is hereby rescinded. A new Class A liquor license is hereby reserved for the new owners, Auro Cafe, LLC d/b/a India House Restaurant. This reservation is subject to the applicant completing Village requirements for said license on or before September 7, 2015. The Village Manager shall have the authority to extend the September 7, 2015 date for good cause shown. If not so extended, this reservation shall cease. ATTACHMENTS: • Cafe Madras, Inc dba Indian House (Class A), 228 McHenry Rd - Rescinded 5-21-15 (DOCX) Trustee Liaison Village President Sussman Monday, June 15, 2015 Staff Contact Julie Kamka, Community Development Updated: 6/10/2015 4:24 PM A Page 1 Packet Pg. 40 9.B.a Underlined = addition Str4kethfetigh-S = deletion 05/21/2015 ORDINANCE NO.2015 - AN ORDINANCE AMENDING CHAPTER 5.20 LIQUOR CONTROLS WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows: Section 1. Subsection A. of Section 5.20.072 of the Village of Buffalo Grove Municipal Code is hereby amended as follows: 5.20.072 Licenses authorized. A. Class A. Licensee and d/b/a 1. Luma ,LLC d/b/a Lou Malnati's 2. Select Restaurants, Inc. d/b/a Winberie's Restaurant and Bar 3. Rack `Em Up Chicago, Inc. 4. The Schwaben Center 5. Sushi Grove, Inc. 6. Outback Steakhouse of Florida d/b/a Outback Steakhouse 7. JBM Hospitality, LLC d/b/a Village Bar & Grill 8. Midas Banquets, Inc. d/b/a Astoria Banquets 9. Progressive Management Services, LLC tip. Chef Adam, Inc. d/b/a The Grove Banquets and Catering l 'r° n n La Minita, Inc. d/b/a Mi Mexico Mexican Restaurant � n 2, Prairie House Tavern LLC 1 Address 85 South Buffalo Grove Road 800 Lake -Cook Road 312 McHenry Road 301 Weiland Road 154-158 McHenry Road 720 Lake -Cook Road 48 Raupp Boulevard 1375 W. Dundee Road 401 Half Day Road 301 Weiland Road 220 N. Milwaukee Avenue 2710 Main Street Packet Pg. 41 9.B.a . V K1 Speed, Inc. 301 Hastings Lane U SHK, USA, Inc. d/b/a Kum Kang San 1329 W. Dundee Road V 5,.... Leiserv, LLC d/b/a Brunswick's Buffalo Grove 350 McHenry Road V Legas, Inc. d/b/a Rivaj Indian Cuisine 1034 Weiland Road 17. Rito's Mexican Grille and Cantina, Inc. 86 W. Dundee Road 18. Auro Cafe. LLC d/b/a India House Restaurant 228 McHenry Road Section 2. A. The Class A liquor license for Cafe Madras, Inc. d/b/a India House at 228 McHenry Road is hereby rescinded. B. A Class A liquor license is hereby reserved for Auro Caf6, LLC d/b/a India House Restaurant at 228 McHenry Road. This reservation is subject to the applicant completing Village requirements for said license on or before September 7, 2015. The Village Manager shall have the authority to extend the September 7, 2015 date for good cause shown. If not so extended, this reservation shall cease. C. This Section 2 shall not be codified. Section 3. This Ordinance shall be in full force and in effect from and after its passage and approval. AYES: NAYS: ABSENT: PASSED: , 2015 APPROVED: .2015 ATTEST: Village Clerk Village President 2 Packet Pg. 42 Action Item :245 McHenry Road Development Improvement Agreement ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval of the Development Improvement Agreement for the former Wendy's site located at 245 McHenry Road. The former Wendy's location at 245 McHenry Road is being remodeled with a building addition to become a two tenant building. ATTACHMENTS: • 2015 DIA 245 mch rd memo 15-0514 (DOCX) • 245 McHenry signed DIA combined (PDF) Trustee Liaison Trustee Stein Monday, June 15, 2015 Staff Contact Darren Monico, Public Works Updated: 6/3/2015 10:58 AM Page 1 Packet Pg. 43 11.A.a 11 TO: DANE C. BRAGG, VILLAGE MANAGER FROM: DARREN MONICO, VILLAGE ENGINEER SUBJECT: 245 MCHENRY ROAD DEVELOPMENT IMPROVEMENT AGREEMENT DATE: JUNE 1, 2015 CC: MIKE REYNOLDS, DIRECTOR OF PUBLIC WORKS The former Wendy's site is being remodeled and expanded into a two unit building. Attached is the Development Improvement Agreement for 245 McHenry Road which is recommended for approval with the following conditions: 1. Receipt and approval by the Village Attorney of the project's financial security in the amount of $115,333.12. 2. Receipt of the following fees and deposits: • Engineering Review & Inspection fee - $3,737 • Storm Sewer Inspection Deposit - $177 • Sanitary Sewer Inspection Deposit - $42 • DIA Cash Deposit - $5,000 (Check #70-2501 in the amount of $8,956 was received and deposited on May 22nd) c� 0 c m x uO v N M v Lo 0 Ln 0 E m E L s v E LO 11 N a 0 Ln a N C 0) E t V r� r� Q Packet Pg. 44 Commercial Buildlpg_llpgygll,2n/adqj,tion-245 McHenry Rd. Development Name DEVELOPMENT IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into as of this . . ......... ... coy of .. ............... j201 V by and between the VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation, and having its office at Village Hall, 50 Raupp Boulevard, Buffalo Grove, Illinois (hereinafter called "Village"), and GW (hereinafter called "Developer"). WITNESSETH: .......... . WHEREAS, in compliance with the Village's Development Ordinance and pursuant to the Seventh Amendment to BUD Ordinance for_th; SpigIls cu X . ............... Resubdi i��on app Ordinance No. 2014-83 E2,v2j,py, V il a.� LO .1 ............ . C*4 (Annexation Agreement or BUD Ordinance or Agreement) rn dated Dey.. 15 2011-, Developer has submitted to the Village "Plans" dated cu April 13, 2015 designated as Exhibit "C", attached hereto,and, Developer E desires to improve the real property described in Exhibit "A"; and, 0 WHEREAS, the Village is willing to approve said Plans, provided that this Agreement is executed to insure the completion of certain site improvements, as a condition precedent to the issuance of building permits CA for any buildings to be constructed on the property. X NOW, THEREFORE, it is mutually agreed as follows: LO 1q* 1. Developer shall furnish, or cause to be furnished, at their CA own cost and expense, all the necessary material, labor, and equipment to E complete the improvements listed on Exhibit "B" attached hereto, and all other site improvements not specifically set forth, which are required by applicable ordinances or agreements, all in a good and workmanlike manner and in accordance with all pertinent ordinances and regulations of the Village and in accordance with the plans and specifications, dated April 13, 2015, shown on Exhibit "C" attached hereto, including any I Packet Pg. 45 subsequent revisions requested by the Developer and approved in writing by the Village pursuant to the Village's Development Ordinance, which Exhibit has been prepared by jqjk . ........ C h ; r-t—ow-, who are registered professional engineers. All utility Anes and services to be installed in the street shall be installed prior to paving. 2. Attached hereto as Exhibit "E" is a complete cost estimate for the construction of the improvements described in Exhibit "B" hereto. Upon the execution of this Agreement and prior to the issuance of Village Permits, the Developer shall deposit a Letter. of Credit acceptable to and in a. form and substance approved by the Village as further described in Paragraph 9 herein. The Letter of Credit shall originally be in the cu amount of $110,333 M 3. All work shall be subject to inspection by and the approval of eat C*4 the Village Engineer. It is agreed that the contractors who are engaged to construct the improvements described in Paragraph 1 hereof are to be approved by the Village Engineer and that such approval will not be unreasonably withheld. E 4. The Developer has paid the Village a Review and Inspection Fee, as required by Ordinance. It is understood that said fee is based on the amount of the contracts or cost estimate for those items listed in Exhibit "B". cu 5. Prior to the time the Developer or any of its contractors begin any of the work provided for herein, the Developer, and./or its LO IRT C*4 contractors shall furnish the Village with evidence of insurance covering �j E their employees in such amounts and coverage as is acceptable to the co 4� Village. In addition, by its execution of this Agreement, the Developer agrees to protect, indemnify, save and hold harmless, and defend the Village of Buffalo Grove and its employees, officials, and agents, against any and all claims, costs, causes, actions, and expenses, including but not limited to attorney's fees incurred by reason of a lawsuit or claim. I I Packet Pg. 46 for damages or compensation arising in favor of any person, corporation or other entity, including the employees or officers or independent contractors or sub -contractors of the Developer or the Village, on account of personal injuries or death, or damages to property occurring, growing out of, incident to, or resulting directly or indirectly, from the performance of work by the Developer, independent contractors or sub- contractors or their officers, agents, or employees. The Developer shall have no liability or damages for the costs incident thereto caused by the sole negligence of the Village. This hold harmless shall be applicable to any actions of the Developer, independent contractor, or sub -contractor prior to the date of this Agreement if such prior actions were approved by the Village. 6. The Developer shall cause said improvements herein described to be completed within twenty-four (24) months following the date of this agreement, and except any improvements for which specified time limits are noted on the approved plans, Exhibit "C" which shall be completed within the specified time limits shown on the plans. If work is not completed within the time prescribed herein, the Village shall have the right to call upon the Letter of Credit, in accordance with its terms, for the purpose of completing the site improvements. Upon completion of the improvements herein provided for, as evidenced by the certificate or certificates of the Village President and Board of Trustees, the Village shall be deemed to have accepted said improvements, and thereupon, the Letter of Credit shall automatically be reduced to serve as security for - the obligations of the Developer as set forth in Paragraph 7 hereof. The Developer shall cause its consulting engineers to correct drawings to show work as actually constructed and said engineers shall turn over high quality Mylar reproducible copies thereof to the Village to become the Village's property prior to acceptance of the improvements by the President and Board of Trustees. 7. The Developer for a period of one year beyond formal. 3 VP co cu M LO IRT C*4 cu 0 U 6 0 a cu U 2 LO 11* C*4 cu U cc I Packet Pg. 47 acceptance by the Village of any improvement described in Exhibit "B" hereof, shall be responsible for maintenance repairs and corrections to such improvements which may be required due to failures or on account of faulty construction or due to the developers and/or contractors negligence. The obligation. of the Developer hereunder shall be secured by the Letter of Credit as further described in Paragraph 9 hereof. 8. It is agreed that no building permit shall be granted by any official for the construction of any structure until. required utility facilities (to include, but not by way of limitation, sanitary sewer, water and storm. sewer systems) have been. installed and made ready to service the individtml lots concerned; and. that roadways (to include curbs) providing access to the subject lot or lots have been completely constructed except for the designed surface course. It is understood and agreed that building permits may be granted for buildings on specific lots to which utility facilities have been installed and made ready for service and to which. roadways have been constructed as described above, notwithstanding the fact that all improvements within the Development may not be completed. 9.A. The obligations of the Developer hereunder as to the deposit. of security for the completion of improvements (Exhibit "B" hereof) and. the one year maintenance of said improvements after acceptance by the Village (Paragraph 7) shall be satisfied upon. delivery to the Village of a Letter of Credit in favor of the Village in a form acceptable to the Village. The Letter of Credit shall be made subject to this Agreement. The Developer hereby waives its option pursuant to 30 TLCS 550/3 and 65 ILCS 5/11-39-3 to utilize any type of security other than. a Letter of Credit. B. In addition to the terms, conditions, and covenants of the Letter of Credit, the Village hereby agrees to draw funds or to call said perform.ance guarantee under such security solely for the purpose of I VP 'a M 0 cu LO IRT C*4 cu rn E 0 U cu cu U 2 LO 11* C*4 a 0 E U cc I Packet Pg. 48 payment for labor and materials supplied or to be supplied, by engineers, contractors, or subcontractors, to, or for the benefit of Commercial M Building,RBna2y2lion/Addition-245 McH- Rq,,,, or the Village, as the ­­ . . .......... . . . - ---------Y --- case may be, under the provisions of this Agreement and the said improvements for which payment is being made shall have been completed, or will be completed, in substantial accordance with the plans and specifications described herein. C. The Village further hereby agrees that to the extent that the Developer causes the commitments of this Agreement to be completed, the outstanding liability of the issuer of the Letter of Credit shall during co the course of construction of the improvements, approximate the cost of CU completing all improvements and paying unpaid contract balances for the completion of the improvements referred to in this Agreement. LO IRT C*4 Until all required tests have been submitted and approved by M I - the Village for each of the construction elements incl.uding, but riot limited to, earthwork, street pavements, parking area pavements, sanitary cu M sewers and water mains, a minimum of that portion of the surety for each E 0 element shall. be subject to complete retention. All improvements are subject to a minimum fifteen (15%) percent retention until final acceptance by the Village. D. In or -der to guarantee and warranty the obligations of cu paragraph 7 herein, an amount equal to fifteen (15%) percent of the total amvmt of the Letter of Credit, or an amount equal to fifteen (15%) LO 04 percent of the cost estimate of the individual improvement(s) shall be E retained in the Letter of Credit for a period of one-year beyond formal 4� acceptance by the Village of the improvement(s). E. As a portion of the security amount specified in Paragraph 2, the Developer shall maintain a cash deposit with the Village Clerk in the amount of Five Thousand Dollars ($5,000.00). If roads are not maintained with a smooth and firm surface reasonably adequate for access of emergency vehicles such as fire trucks I I Packet Pg. 49 and ambulances, or if any condition develops which is deemed a danger to public health or safety by the Village of Buffalo Grove due to the actions of the Developer or his failure to act; and after written notice of this condition, the Developer fails to immediately remedy the condition; then the Village may take action to remedy the situation and charge any expenses which results from. the action to remedy the situation to the cash deposit. Upon notification that the cash deposit has been. drawn upon, the Developer shall immediately deposit sufficient funds to mai-ritain. the deposit in the amount of Five Thousand. Dollars ($5, 000 . 00) If the .... Li . . ............. . . . Developer has not made the additional deposit required to maintain the fYp total cash deposit in the amount of Five Thousand Dollars ($5,000 . . ............... cu within three (3) days from the date he received notice that such M additional deposit was required, it is agreed that the Village may issue a ,"mod. C*4 Stop Work Order or also may revoke all permits which the Developer had been granted. This cash deposit shall continue to he maintained until the tl maintenance guarantee period has lapsed. The deposit may be drawn upon by E M the Village if the conditions of this Agreement are not met by the E 0 U Developer within five (5) days after receipt of a written. notice of noncompliance with the conditions oE this Agreement, except in cases of danger to public health and safety as determined by the Village, in which case, the deposit may be drawn upon immediately following notice to the M Developer and his failure to immediately remedy the situation. Alter termination of the one-year maintenance period and upon receipt by the, LO IRT C*4 Village Clerk of a written request for release of the deposit, the Village .j E will either notify the Developer that the improvements are not in a proper rvo condition for final release of the deposit, or shall release the deposit within fifteen (15) days. F. In addition to the terms, covenants, and. conditions of the Letter of Credit, the Developer hereby agrees that no reduction shall occur in the outstanding liability of the issuer there under, except on the written approval of the Village; however, in aLl events, the Village I I Packet Pg. 50 shall permit such Letter of Credit to expire, either by its terms, or by return of such Letter of Credit to the Developer, upon the expiration of one-(1) year from the acceptance of the improvements referred to herein by the Village. To the extent that the provisions of Paragraph 9 herein, and of the Letter of Credit, permit the Village to draw funds under such Letter of Credit, the Village hereby agrees to reduce the outstanding liability of the issuer of the Letter of Credit to the extent that funds are disbursed. ;? 10. Any Letter of Credit shall provide that the issuer thereof shall not cancel or otherwise terminate said security without a written co 0 W notice being given to the Village between thirty-(30) days and forty-five cu (45) days in. advance of termination or cancellation. 11. Developer shall install any additional storn.i sewers and/or LO IRT C*4 inlets which. are required in order to KhOnate standing water. or M I - conditions of excessive sogginess which may, in the opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses. M 12. No occupancy permit shall be issued until- all exterior E 0 lighting specified on Exhibit "C" is installed and operational. 13. The Developer acknowledges that until final acceptance, he is CD responsible for providing snow and ice control along any streets within (1) the Development, which are adjacent to occupied properties or necessary to M provide access to occupied properties. The Developer agrees to pay the U 2 ng snow and ice control along these Village an. annual fee for providing l LA CIrl*4 streets. E The fee rate shall not exceed the Village's average budgeted AS snow and ice control cost per mile of Village streets for which this 4� service is provided with a minimum charge being based upon one-half (1/2) mile. It is the Developer's responsibility to provide a. map of the applicable areas and the fee payment within thirty (30) days of notification of the annual fee rate. If not paid, the fee may be withdrawn by the Village from the cash deposit described in Paragraph 9E. 0 I Packet Pg. 51 14. The Developer acknowledges that he is responsible for the proper control of weeds, grass, refuse, and junk on all property which he owns within the Village in accordance with Chapter 8.32 of the Buffalo Grove Municipal- Code. It is further agreed that the Developer shall continue to be responsible for the proper maintenance of any parcels of property for which the Developer transfers ownership to the Village until such time as the development's improvements are accepted by the Village in writing in accordance with the provisions of this Agreement. If the Developer fails to perform his maintenance responsibilities established in either this paragraph or Chapter 8.32, the M 0 W Village may provide a written notice to the Developer of the improper cu maintenance condition. If proper maintenance is not completed within ten M U 2 (10) days after the Developer is provided this notice, the Village may LO IRT C*4 perform the maintenance and deduct the costs of the maintenance from the M cash deposit described in Paragraph 9E. 15. The Developer agrees that no improvements constructed in B conjunction with this project are sized or located in such a way as to E 0 U warrant any recapture payment to the Developer pursuant to any applicable < 6 previous agreements. 0) 16. This Agreement and the obligations contained herein are in addition to, and not in limitation of, all other agreements between the M Parties hereto including, without limitation, the Seventh Amendment to PUD Ordinance for the,ERIgIty.Eesubdivisio,��_�12p,�,S�y���., 1jAgq,QQRance No. ---------- ------ " LO IRT C*4 161051 .j (AOWtion Agreement or PUD Ordinance) E 4� dated Dec. 15, 2014, and the obligations contained therein. I I Packet Pg. 52 N/A ar-e attac,,hed liereto .)rid made a, part lierec).E, 'IN WITINESS WHEREC)F, th(--� Village has (.,,aused but d.n AjrpeynenlL. to be executed, as h,as t'l-te Dr.,v(-,,,,Loper, ail as of the date first above wiri:tten. VILLA(SE OF BLIFFAL0 C,R,0VE, an lllinois Mumicipal Corporal,,-1011 m DIENT1,0PER -GW Grotqz., LLC­Series 5 m 1) VP I Packet Pg. 53 1 Cominerc.ial Y ui ldi rirS RC rl Sly a t.ri. o il./.A.d.d.i-.t-.i.-..on.-.-.2..4...5 McHenr Rd (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT A T'he Plat Of SLabdIvision prepared by Hagensee entitled S e -i ivision Ales Resubd .... .. -- consLsting of 2 sheet(s) last revi-sed March 29, 1989. .......... . . .................... . - 10 I Packet Pg. 64 1 q ON O En 0 o o til win MIS MIN 51 P islulo:l lips! Commercial Building vation/Addition-245 McHenry Rd. ena ........ (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT All improvements, both public and private, including earthwork, streets® driveway and parking area pavements, sidewalks, sanitary and storm sewers, water main, drainage and storm detention facilities, site grading, street lighting, landscaping, survey monuments and benchmarks. M co cu X LO IRT C*4 CU E 0 U CU Im CU U 2 LO 11* C*4 CU U CO I Packet Pg. 57 1 Commercial Bu.ildiricj,_en2,._���,ion/Addi-tio�n-245 McHenry ... ... .... .... (DeveLopment Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT C Plaans preparE.A by Mark.....( ..1.11-,i e r t q entitled Commercial Buildi.n ?,enovation/Additiori-245 Mcfienry Rd. JISLL- 111,11,11,11-1-1-1- ......... . consisting of ____ 9 sheet(s) last revised __aE2ril 13, 2015. . . ................. (Specifications curb plans) "t 2 I Packet Pg. 58 1 m S 2f�N�V F/1d Z O 1 CI fl 1 S S N I O 0 1 1S 1H] 3 '033 bCI��,e 1e�x_ 1f9 b1�23WWa ao e= r §maes$ONIa S3000 3PSVOI-lddV PUB X30 NI `JNIMV2i❑ _ � '� as '� fi- _ ¢ C, 'V1V0133rodd dVW NOIIVOM'NV�d 311S MH- VVV pill a o0 w aw 'm ° o N h w w¢ a y °z o° LL (ma aeoa �+=x=w soz mnpa�na vaa ew oz i v a oosesaa«a -i=. �sccsaec<a .oa suoa � �ww�ows ao�a SLi�NfV ❑11 bz O I ❑ fl 1 S N `J I S 3 ❑ s_3 —. s seseg� 3 ON1a-lins -ivio i31NIN0a IN. _ Hp, NVId NOIlIlOW30'8 `JNIlSIX3311S 6�" § MI6�HN ; G z LU w J X m s0 _m 0 MU PeoY R+aH�W sez cull Pxi �u tl4P HW M' I tl— vv 5 oose'saa'�<a i=i �sccsae'c<a '.oa s��oa � �=vw�ows —n bZ ao=a NfVz SLIdN�ISdO S1�d11H�Li b' �`pp €€ p" &s€€ me ❑11 O I ❑ fl 1 S N `J I S 3 ❑ 0���3 � xg�� s � � � a� � � Q'I J��1N�H�VV SiZ a o ww ONia�ins �dipm3wwo� � a � &v a ego ga x €gmW 3 �J NVId ONIAVd ❑NV SNOISN3WI❑ 311S 6�" § - s6 °gym � It m Oil O w z w 0 D O cD z Y K a z LU �a U� r (ma aeoa �+=x=w soz mnpa�na vaa ew oz i v— a oosesaa«a -i=. �sccsaec<a .oa suoa � �ww�ows aoI�a S Slid NfVSLIdN�IS S1�d11H�Li b' p ❑11 bz O I ❑ fl 1 S N `J 3 ❑ oe ❑ C ONia-lins �diaM3uuwoa S31111I1f10Nf102i`J2i30Nf1 6�� - sse° � �� � n 3� �E �o - wos— n N s f e w i II[ c; a 9N moo w < 1 tt zb t � 1 � A LU ® LU o a O � ® m � o o w z N Maa--H-W1 ILWp aw vaa ewoz a v a oosesaa«a -i=. �sccsaec<a .oa suoa � �ww�ows ao�a S Lid NfVV1d SLIdN�ISdO S1�d11H�Li b'�`pp ❑11 bZ O I ❑ n 1 S N J I S 3 ❑ ov 3 Q� :zDVV S-t;-Z N'dld -1081NOO NOISMJ3 B ONIOH2i`J € �€ N 3� 0 160 Z W W J z o o � w w � w w a a O O Ach, i a n i s N z E;I(:)Ullll C)l -1/ =1 N=1 f-I i !E)Nia -line -iviomawwob .N2 �P '-- , IlIq -NMO "--, in 4 I --- C-D S-llv-L3(l -H- MH --------------- Is"Flip . ja co En -4 - - - - - - - - -- CD —Z,T. s�� IAA" 5 of < 0 W ;Lx w Z 0 0 w C) g -0 i-xi I t2 -64 m x CD mO 0 E �1\1\ Nx NX NX xx X\ 1-- 00 CD CD z,- oz ...... . ... fma aaoa x+uax=w sex: cowl pauwwo=vla paux!s �+uax=w sn'xuawy=z„y S Lid NfVV1d I saS ❑ fl 1 S LIdN�ISdO ,n9N `J I S WSJ_-'PLib' ■ �❑11 bZ O 3 ❑ sloullll `�^C)o O�`d��fl9 2 6a Q�1 J��1N�H:=)OVV ST-Z o ���� �. �.�r��ssw oNia�ins �diom3uuwoo � U ���vfi eo a say€sa_� uw +wm+x X,h.ov aS �fa.nn4 z x a 00 CD 0 ,., j \✓ — ��`,, Via/ o aZ LU d ~ ❑ zw I a w � � "VC�k 0 • — m -Jr Ln :it cl ji _ a OZ a .. $ a y"s a ��� z p El LD C7 d El aw X �I �7'�°ham •�`- '� 0 � v tl3A0J WOWINIW ,0 � o C J Z¢ e p m -s � ¢ 2 r z 1 f p� 3. � u a wa am S ----------------- r- o a . m rca W Is rU& LC CD s s mW ry n� Mil IAIO IM _ o 0 bz;dos«1 aten' i s , 'Ns dais =1 (I Q—=j �bN�H�W S�Zi� $. sa ■ ^ © [� bfJOJI - UaAAOd3?JO3 S310N lVii3N30 -M�Ia`-`-�� ass zoo Fc - ��«d,�y ¢o - g y- - zoo - a _ - o�wo �aoz a ao_�zsz � �zm�zs<_ m oo N a _ su m�az - oar sue, a�,� sFo�omo moo &m��z - - - - �o�- _ ao -- o - - �o ��,��� o€oa - � po <zw�� <Sz�o� Commercial Build,iric ae,,,L2yF:ition/�Aqgltion-245 M�ctjpEy_ IR ld (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT D Landscaping Plan prepared by N/A entitled. consisting of sheet(s) last revised G:\ENGINEER\FORMS\DIA.DCC 13 I Packet Pg. 68 11.A.b , X ttp 01 r . C-� Commercial Buildine 245 McHenry Road BUFFALO GROVE, IL ENGINEER'S OPINION OF PROBABLE COST ITEM NO. DESCRIPTION COST A. SANITARY SEWER $4,412.00 B. WATER DISTRIBUTION $13,529.00 C. STORM SEWER $37,625.00 E. PAVING $20,939.75 F. CONCRETE $9,226.00 G. MISCELLANEOUS ITEMS $11,350.00 Sub -Total = $97,082 CONSTRUCTION ENGINEERING (10% A-F) $9,708 (PER VILLAGE FEE SCHEDULE) Construction Total = $106,790 TYPICAL VILLAGE FEES ENGINEERING REVIEW & INSPECTION FEE (3.5%) $3,737.65 BOND AMOUNT (108%) $115,333.12 STORM SEWER DEPOSIT ($1.00 PER L.F.) $177.00 SANITARY SEWER DEPOSIT ($1.00 PER L.F.) $42.00 DIA CASH DEPOSIT (1% OF BOND AMOUNT - MIN. $5000) $5,000.00 BALANCE TO BE BONDED (BOND AMOUNT - CASH DEPOSIT) $110,333.12 4/20/2015 e: Quantities shown are estimates and subject to change based upon field conditions and methods of construction. We take no responsibility for sub -surface conditions or net soil adjustments necessary to achieve the program outlined in the plans. Quantities and cost quantities shown do not include work that is required for remediation, removal, replacement, sturctural support, etc, due to poor soils conditions. This work is to be done by ohters. MARK CHERTOW F 062-039313 Page 1 of 3 Packet Pg. 69 11.A.b 4/20/2015 Commercial Buildine 245 McHenry Road BUFFALO GROVE, IL Engineer's Opinion of Probable Cost Itent Amount No_ Description quantity Unit Price Dollars Dollars SANITARY SEWER A-1 6" Sanitary Sewer (PVC - SDR 26) 42 LF $22.00 $924.00 A-2 Manhole, 48" Dia. 1 EA $2,000.00 $2,000.00 A-3 Connect to Existing 1 EA $900.00 $900.00 A-4 Granular Backfill, Mains 42 LF $14.00 $588.00 Sub -Total= $4,412.00 WATER DISTRIBUTION B-1 Water Main, 4"( DIP) 9 LF $20.00 $180.00 B-2 Water Main, 6" (DIP) 23 LF $25.00 $575.00 B-3 Water Main, 10"(DIP) INCLUDING SLEEVING 114 LF $45.00 $5,130.00 B-4 Granular Backfill, Mains 146 LF $14.00 $2,044.00 B-5 2" Water Service w/B-Box 1 EA $1,400.00 $1,400.00 B-6 10" Valve in 48" Vault 1 EA $3,000.00 $3,000.00 B-7 4" VALVE BOX 1 EA $1,200.00 $1,200.00 Sub -Total= $13,529.00 STORM SEWER C-1 Storm Sewer, RCP, 12" 86 LF $25.00 $2,150.00 C-2 Storm Sewer, RCP, 21" 91 LF $35.00 $3,185.00 C-3 Inlet, 24" Dia. I, EA $950.00 $950.00 C-4 Catchbasin, 60"Dia I EA $2,500.00 $2,500.00 C-5 Manhole,60" Dia. I EA $2,400.00 $2,400.00 C-6 12" FLARED END SECTION/RIP-RAP I EA $950.00 $950.00 C-7 Storm Service, 10" PVC 31 EA $750.00 $23,250.00 C-8 Granular Backfill, Mains 160 LF $14.00 $2,240.00 Page 2 of 3 Sub -Total= $37,625.00 Packet Pg. 70 PAVING 11.A.b E-1 Aggregate Base Course, 12" (Section 2) 405 SY $16.25 $6,581.25 E-2 Bituminous Concrete Surface, 2" (Section 2) 405 SY $4.20 $1,701.00 E-3 Bituminous Concrete Binder, 2-1/2" (Section 2) 405 SY $5.00 $2,025.00 Ell Aggregate Base Course, 8" (Section 1) 490 SY $10.25 $5,022.50 E-5 Bituminous Concrete Surface, 1-1/2" (Section 1) 490 SY $4.00 $1,960.00 E-6 Bituminous Concrete Binder, 2-1/2" (Section 1) 490 SY $5.00 $2,450.00 E-7 Paint stripes & Seal Coat 1 LS $1,200.00 $1,200.00 Sub -Total= $20,939.75 CONCRETE F-1 Curb and Gutter, B-6.12 170 LF $12.50 $2,125.00 F-2 Barrier Curb 310 LF $9.50 $2,945.00 F-3 Concrete Sidewalk, 5' 900 SF $4.14 $3,726.00 F-4 2' Wide Concrete Island 43 LF $10.00 $430.00 Sub -Total= $9,226.00 MISCELLANEOUS ITE G-1 Landscaping 1 LS $1,200.00 $1,200.00 G-2 Street Light Relocation 1 EA $1,500.00 $1,500.00 G-3 Erosion Control Maintenance 1 EA $3,500.00 $3,500.00 G-4 Demolition Plan (Includes removal of sewer pipe, 450 LF $5.00 $2,250.00 watermain & structures) G-5 Demolition Plan (Pavement Removal) 1,450 SY $2.00 $2,900.00 Page 3 of 3 Sub -Total= $11,350.00 i co d tY c cu U LO et Cv rn r- cu c M E d U Q CU C y, C CU U 2 LO 11* CV C CU E L U CO Q Packet Pg. 71 Action Item : Buffalo Creek Nature Preserve Stream Bank Stabilization Project ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff Recommends approval of the Professional Consulting Services by Manhard Consulting, Ltd. For the Buffalo Creek Nature Preserve Stream Bank Stabilization Project. The Village received a $400,000 grant from the Department of Commerce and Economic Opportunity for stream bank stabilization and Metra parking lot resurfacing. ATTACHMENTS: • Manhard design memo 15-0608 (DOCX) • Manhard Design Proposal (PDF) Trustee Liaison Staff Contact Trustee Berman Darren Monico, Public Works Monday, June 15, 2015 Updated: 6/8/2015 11:14 AM Page 1 Packet Pg. 72 11.B.a j ...AGE OF Is TO: DANE C. BRAGG, VILLAGE MANAGER FROM: DARREN MONICO, VILLAGE ENGINEER SUBJECT: BUFFALO CREEK NATURE PRESERVE STREAM BANK STABILIZATION DESIGN PROPOSAL DATE: JUNE 8, 2015 CC: MIKE REYNOLDS, DIRECTOR OF PUBLIC WORKS In 2012 the Village applied for a grant and received approval in late 2014 from the Department of Commerce and Economic Opportunity in the amount of $400,000 for stream bank stabilization and Metra parking lot resurfacing. Staff has received a proposal from Manhard Consulting, Ltd. in the amount of $37,900, for professional design services for a stream bank stabilization project in the Buffalo Creek Nature Preserve. If approved, the project would be expected to be constructed in 2016. Also, the Metra parking lot resurfacing work will be designed in house and constructed in 2016. Both projects, including design, would be fully reimbursable from the grant. Packet Pg. 73 00 11.B.b hd Hanhard C 0 N S L IIII U" i II^1 C "' " i, [r,T ✓z � /1e.tr,u�/,(�,r �Wl✓�Il"1�1%"11"lr� June 4, 2015 Mr. Darren Monico, P.E., Village Engineer Village of Buffalo Grove 51 Raupp Blvd Buffalo Grove, Illinois 60089 RE: PROPOSAL FOR CONSULTING ENGINEERING SERVICES BUFFALO CREEK NATURE PRESERVE BUFFALO GROVE, ILLINOIS Dear Darren: We appreciate the opportunity to submit a proposal to provide civil engineering and surveying services to the Village of Buffalo Grove (Client). Services are in connection with the proposed restoration of approximately 1,500 feet of Buffalo Creek immediately due east of Arlington Heights Road within the Buffalo Creek Nature Preserve. The improvements will consist of re -grading, stabilizing the banks thinning of tree canopy, and establishing native vegetation. Manhard Consulting, Ltd. (Manhard) offers to provide the following services for fees as detailed below: LUMP SUM FEE I. TOPOGRAPHIC DATA COLLECTION PHASE $5,500.00 These fees assume that all items in this phase would be completed simultaneously and would include: A. Topographic cross sections will be collected at each of the locations where anticipated creek restoration treatments will be applied (total 16 half cross -sections). These cross sections will be used to verify design pre- and post- project floodway and floodplain storage is satisfactorily maintained. The information will be combined with Lake County G.I.S. one -foot LIDAR information to complete the topographic base topo for the site. The survey will also identify the thalweg of the stream to assist in design and treatment implementation. This work will include the location of J.U.L.I.E. markers, however, buried utilities (i.e., gas, telephone, electric, cable TV, etc.) will not be field located. If Client desires to have Manhard locate those utilities as marked by J.U.L.I.E. (i.e., gas, telephone, electricity, street lighting, cable television, etc.), it is imperative that Client has the J.U.L.I.E. locate completed prior to Manhard beginning topography. If the J.U.L.I.E. locate is not completed, this work would then be completed as an additional service. IMo nhard Consulting, UA 900 Wuodlands Pwkway . VeK^non M..hlp<s, I1hm 60C 61 tel! (B4f] G34-5:.50 • fax (847)34-0095 . v+auwourr.Marihrardc or°n AJ 11? )1vJ1-'\ l , f")I CI" �IL'�, �I f_ll 'i �,I b"1 �I %I ., �,f '� ,` a I��I 11l''�.h�l`� I`V"fl J i`�''Ll''41' l'. I`ll r✓/`� l )�✓`� VI I r +I I'"�!I Packet Pg. 74 Mr. Darren Monico 000. 11.B.b June 4, 2015 Pa e 2 CIVIL DESIGN PHASE & PERMITTING $18,100.00 This phase includes the following items: A. Prepare preliminary design memorandum with scope of work and creek bank treatment recommendations based on the available construction budget. B. Provide the Village with a final engineering plan set (anticipated 6-7 sheets) to convey the necessary design elements for the restoration and stabilization of approximately 1,500 LF of creek based on treatment elements. Based on the treatment elements, Manhard will also develop an Engineer's Opinion of Probable Cost (EOPC) to further assist the Village in bidding the contract for construction. C. Obtain the necessary permits required to achieve approval of the project and initiate construction outside of wetland permitting that may be required by USACE, IEPA and Lake County. This includes stormwater, floodway construction, and any associated Soil Erosion and Sediment Control permitting. III. WETLAND PERMITTING PHASE $7,500.00 This phase includes the following items: A. Wetland Delineation: Perform a formal wetland delineation using methodology outlined in the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region (USACE 2010). The delineation will comply with methods outlined in Section 404 of the Clean Water Act. The delineation will be completed based on conditions found during the field visit. Also during the site visit plant community quality will be assessed. Wetland stakes will be surveyed by others. The results of the field investigation will be summarized in a letter report. The report will include exhibits such as the National Wetlands Inventory, Soils Map, Flood Insurance Rate Map, the Lake County ADID map, and an aerial photograph depicting wetland boundaries. The wetlands floristic inventory, index values and quality rating will be included along with US Army Corps of Engineers (USACE) Routine On -Site Data Forms. B. Lake Countv Stormwater Manaaement and/or USACE Section 404 Permit Submittal: The required exhibits, data and project information will be compiled and assembled in the format as it pertains to the WDO and/or the USACE one time. We will also submit the Illinois Department of Natural Resources (IDNR) and U.S. Fish and Wildlife Service (USFWS) threatened and endangered species consultation information. Responding to additional comments will be done on a Time and Material basis. Packet Pg. 75 Mr. Darren Monico June 4, 2015 Pa e 3 000. 11.B.b The permit may also be sent to the USFWS, IDNR and potentially other Federal, State and Local agencies to coordinate permitting activities. All revisions to the design that may alter the previously chosen USACE permitting process and require resubmittal of permit or new permit type will result in a revision to the original scope of this project and be considered an additional service. IV. BIDDING ASSISTANCE PHASE This phase includes the following items: A. Prepare front-end bid documents. B. Prepare advertisement for bid. C. Distribute plans to bidders. D. Issue addendum as needed. E. Attend bid opening. F. Prepare bid tab. G. Prepare bid acceptance recommendation. V. MEETINGS Attendance at Client meetings, agency staff meetings or public meetings, including Exhibits. VI. REIMBURSABLES Reimbursables shall include outside consultant's fees, reproduction costs, messenger or special mail service, or other project -related expenses. $6,400.00 Time and Material Basis Suggested Budget $400.00 Reimbursable expenses shall mean one hundred percent (100%) of all costs incurred by Manhard relative to the Project, including without limitation all outside consultants' fees, reproduction costs, messenger or special mail service, and other project -related expenses. We have included "Exhibit A", which details services not included in the scope of this Proposal. If you would like to add any of the listed additional services, please notify us and we will revise this Proposal accordingly. The terms of the attached "General Terms & Conditions" dated January 1, 2015, which Client hereby acknowledges receiving, are incorporated and made a part of this Proposal. The lump sum fees for all services to be completed that are not authorized to begin by December 31, 2015 will be increased by 5 percent per annum. If the above is acceptable, please have this Proposal executed. We will begin work as soon as we receive an executed copy of this Proposal. This Proposal will be null and void if not accepted by December 31, 2015. Packet Pg. 76 000 11.B.b Thank you again for the opportunity to submit this proposal. Should you have any questions, please do not hesitate to contact us. Yours truly, MANHARD CONSULTING, LTD. Peter Stoehr,. Brian Valleskey, CFM Municipal Project Manager Senior Water Resources Specialist The undersigned is the (a) actual owner of record of the property; (b) authorized agent of the owner of the property; (c) contract purchaser of the Property; (d) general contractor (e) uncertain If (b), (c), (d) or (e) is checked, the property owner's name and address is ACCEPTED: Village of Buffalo Grove By: Title: (Authorized Representative) Date: (Printed Name) Packet Pg. 77 11.B.b GENERAL TERMS AND CONDITIONS January 1, 2015 1. ONE INSTRUMENT/INCONSISTENCIES — These GENERAL TERMS AND CONDITIONS, and the Manhard PROPOSAL to which these terms are attached (collectively this "Agreement") shall be deemed one instrument. Wherever there is a conflict or inconsistency between the provisions of these GENERAL TERMS AND CONDITIONS, the PROPOSAL, and any plans or specifications, as applicable, the provisions provided for in these GENERAL TERMS AND CONDITIONS shall, in all instances, control and prevail. These GENERAL TERMS AND CONDITIONS shall apply to the work provided in the PROPOSAL to which this is attached or an amendment or modification, including an AGREEMENT FOR ADDITIONAL SERVICES. 2. ENTIRE AGREEMENT — These GENERAL TERMS AND CONDITIONS, the PROPOSAL, and any plans or specifications represent the entire Agreement between the Parties and supercedes any and all prior oral or written understandings between the Parties. Changes to these GENERAL TERMS AND CONDITIONS shall only be binding when in writing and agreed to by both parties. 3. MEDIATION — All disputes between relating to this Agreement or the Project (as defined in the Proposal) shall first be submitted to mediation with a mediator selected by the Parties. The costs of the mediator shall be split evenly between Client and Manhard. If the Client and Manhard cannot agree on a mediator, then each of Client and Manhard shall nominate a mediator and the two nominated mediators shall select the ultimate mediator. Client and Manhard shall include a similar mediation provision in all of their respective agreements with other parties regarding the Project and will require all such other persons or entities to include a similar mediation provision in all agreements with their respective subcontractors, subconsultants, suppliers and fabricators. Such mediation shall be a condition precedent to a party filing any judicial or other proceeding against the other, except with regard to delinquent fees owed to Manhard. 4. AUTHORIZATION TO SIGN — The person signing this Agreement represents and warrants that he/she is signing this Agreement on behalf of m the Client and is authorized to enter into this Agreement on the Client's behalf. E 5. BREACH AND COST OF COLLECTION — In the event Client breaches the terms of this Agreement, Manhard shall be entitled, in addition to ca i the specific remedies provided for in this Agreement, to pursue all remedies available at law or in equity. Client further agrees that Manhard shall be entitled to recover all costs incurred in enforcing any provision of this Agreement, including court costs and reasonable attorney's y fees. All payments received from the Client will be credited first to interest, then to the cost of enforcement, and then to the amount due to Manhard N d 6. CHANGES IN REGULATORY ENVIRONMENT — The services provided by Manhard under this Agreement were determined based upon the L d applicable municipal, county, state and/or federal regulations, codes, laws and requirements that were in existence on the date of this d Agreement. Any material additions, deletions or changes in the regulatory environment, which require an increase in the scope of services to be performed, will be an Additional Service. o Z 7. CONTROLLING LAW — This Agreement is to be governed by the laws of the State of Illinois. Y d d 8. CURE PERIOD — If during the project term, Client observes or becomes aware of any improper service which has been provided by Manhard, L (� Client agrees to immediately notify Manhard of the same, in writing. Manhard shall then have five working days to cure, or begin to cure in a p diligent manner, such improper service before Client may exercise its rights under any default and remedy provision provided for in this Agreement, including the right to take corrective action prior to the termination of the cure period. If Client fails to notify Manhard of any 3 defects within thirty (30) working days of learning of the defects, any objections to Manhard's work shall be waived. Manhard will not accept m any backcharges unless Client has complied with the foregoing and allowed Manhard the opportunity to cure any problem. 9. DELAYS — Client agrees that Manhard shall not be responsible for damages arising directly from any delays for causes beyond Manhard's control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters; fires, riots, war or other emergencies or acts of God; failure of any government agency to act in a timely manner; failure of performance by the Client or the Client's contractors or consultants; or discovery of any hazardous substances or differing site co conditions. In addition, if delays resulting from any such causes increase the cost or time required by Manhard to perform its services in an 0 CL orderly and efficient manner, Manhard shall be entitled to an equitable adjustment in schedule and/or compensation. O L a 10. ENGINEER'S OPINION OF PROBABLE COST — Manhard's Opinions of Probable Cost provided for herein, if applicable, are to be made on the basis of Manhard's experience and qualifications and represents Manhard's judgment as an experienced and qualified professional engineer generally familiar with the construction industry. However, because Manhard has no control over the cost of labor, materials, equipment or services furnished by others, the Contractor's methods of determining prices, or competitive bidding or market conditions, ❑ Manhard cannot and does not warrant, represent or guarantee that proposals, bids or actual construction cost will not vary from Manhard's Opinions of Probable Cost. If Client wishes greater assurance as to probable construction cost, Client shall employ an independent cost estimator. t C 11. INDEMNITY — To the fullest extent permitted by law, the Client shall waive any right of contribution and shall indemnify and hold harmless Manhard, its agents, employees and consultants from and against all claims, damages, losses and expenses, including but not limited to, +� attorneys' fees, arising out of or resulting from or in connection with the performance of the work which results from Client's negligence or the negligence of Client's agents. This indemnity shall not require the Client to indemnify Manhard for the negligent acts of Manhard or its agents. s To the fullest extent permitted by law, Manhard shall waive any right of contribution and shall indemnify and hold harmless the Client, its agents, employees and consultants from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, Q arising out of or resulting from or in connection with the performance of the work which results from Manhard's negligence or the negligence of Manhard's agents. This indemnity shall not require Manhard to indemnify the Client for the negligent acts of the Client or its agents. 12. MANHARD'S INSURANCE COVERAGE — Before work is commenced on the site, and throughout the duration of the project, Manhard shall maintain the following insurance coverage so as to indemnify Client from all claims of bodily injury or property damage that may occur from Manhard's negligence: Packet Pg. 78 11.B.b a. Workmen's compensation and occupational disease insurance covering all employees in statutory limits who perform any obligations assumed under Contract. b. Public liability and property damage liability insurance covering all operations under contract; the limits for bodily injury or death not less than $2,000,000 for each accident; for property damage, not less than $500,000 for each accident. C. Automobile liability insurance on all self-propelled vehicles used in connection with the Project, whether owned, non -owned or hired; public liability limits of not less than $1,000,000 for each accident. At the Client's request, Manhard shall (i) provide a Certificate of Insurance evidencing Manhard's compliance with the above requirements, and (ii) include Client as an "additional insured" on the insurance policy. 13. LIMITATION OF MANHARD'S LIABILITY — In recognition of the relative risks of the Project to the Client and Manhard, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of Manhard and Manhard's consultants to Client, to Contractor and any Subcontractors on the Project and to those claiming by or through Client for any and all claims, losses, costs, damages or claim expenses from any cause or liability of Manhard's or Manhard's consultants to all of those named herein with respect to the Project shall not exceed $50,000.00 or the agreed upon professional services fee, whichever is greater. Should Client desire a greater limitation of liability it is available for an additional fee as agreed to in writing by Client and Manhard. Client acknowledges and understands that Manhard's liability exposure for potential claims related to its performance of services is being specifically limited by this Agreement, and that Client's potential recovery in a claim situation is limited to the amount herein. Client agrees that based upon Manhard's fee and services, it is unreasonable to hold Manhard responsible for liability exposure greater than the set limit. 14. INFORMATION TO BE PROVIDED TO MANHARD — Client agrees to provide Manhard with such site information as may be needed to enable Manhard to perform its services. Such information may include but shall not be limited to: latest plat of record; current title report and the documents contained therein; previous reports; title search report/chain-of-title documents; copies of environmental permits, registrations, liens, or cleanup records for the property; building plans and specifications; location, elevation and sizes of existing gas, telephone, electrical, street lighting and cable television lines on -site and off -site; boundary survey; wetland delineation; soil borings; archaeological phase 1 survey; first floor foundation plan and such other information as may be requested by Manhard, from time to time. Client shall not be responsible for providing site information which Manhard has specifically agreed to provide in its Proposal. 15. MANHARD'S RELIANCE ON INFORMATION PROVIDED — Manhard may rely on the accuracy and completeness of any information furnished to Manhard by or on Client's behalf. Furthermore, Client agrees to hold Manhard harmless from any engineering errors, including but not limited to, grading, earthwork analysis and off -site stormwater outlets, resulting from inaccurate site information which is provided by Client, including topographical surveys which have been prepared by consultants other than Manhard. 16. PAYMENT — Invoices will be submitted to the Client for payment on a monthly basis as the work progresses. Invoices are due within thirty days of rendering. Within thirty days of receipt of Invoice, Client shall examine the invoice in detail to satisfy themselves as to its accuracy and completeness and shall raise any question or objection that Client may have regarding the invoice within this thirty -day period. After sixty (60) days from receipt of invoice, Client waives any question or objection to the invoice not previously raised. If Client fails to make any payment due Manhard for services and expenses within thirty days after receipt of Manhard's invoice therefore, the amounts due Manhard will be increased at the rate of 1.0 percent per month (or the maximum rate of interest permitted by law, if less), from said thirtieth day. In addition, Manhard may, after giving notice to Client, suspend services under this Agreement until Manhard has been paid in full all amounts due for services, expenses and charges. In the event Manhard elects to suspend its services, and after receipt of payment in full by Client, Manhard shall resume services under this Agreement, and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and expense necessary for Manhard to resume performance. In addition, prior to commencing such services, Manhard shall have the right, from time to time, to require Client to provide a retainer payment for services to be rendered. Manhard shall have no liability to Client for any costs or damages incurred as a result of such suspension that is caused by Client. 17. PERMITS & FEES — Unless the proposal specifically provides otherwise, Client shall be responsible for paying all application and permit fees and obtaining all permits. Manhard does not warrant, represent or guarantee that the permits or approvals will be issued. 18. RIGHTS -OF -WAY & EASEMENTS — Client shall be responsible for obtaining (or vacating) all right-of-way, easements, real covenants and/or agreements necessary for the proper development of the property, including but not limited to right-of-way and easements which may be necessary for roadway and access improvements; stormwater conveyance and detention; sanitary sewer collection, pumping and treatment facilities; water distribution, treatment or storage facilities; and temporary construction access. 19. SEVERABILITY — If any clause or provision of this Agreement is determined to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect. 20. STANDARD OF CARE — Manhard will strive to perform its services in accordance with a manner consistent with the level of care and skill ordinarily exercised by other Design Professionals in the same locale. 21. TERMINATION — This Contract shall terminate at the time Manhard has completed its services for Client, or prior to that time, if one party provides to the other party written notice, whereby such termination date shall be effective seven (7) days after receipt of such notice. Client agrees to pay for all services, expenses and charges, as agreed, which have been incurred by Manhard through the date of termination. 22. THIRD PARTY BENEFICIARY — If Client is a contractor for the owner of the property, the parties acknowledge that Manhard is intended to be a third party beneficiary of the construction contract entered into between owner and Client. 23. USE OF DOCUMENTS AND ELECTRONIC DATA — All documents (including drawings and specifications) as well as electronic data (including designs, plans or data stored in machine readable form) that are provided to Client are instruments of service with respect to the Project. Manhard grants an irrevocable non-exclusive license to the Client relative to the Client's use of the documents in connection with the Project. Client agrees not to reuse or make any modification to the documents without the prior written authorization of Manhard. The authorized reproduction of the documents/electronic data from Manhard's system to an alternate system cannot be accomplished without the introduction of inexactitudes, anomalies and errors, and therefore, Manhard cannot and does not make any representations regarding such compatibility. With respect to such reproduction or unauthorized use, Client agrees to indemnify and hold Manhard harmless from all claims, Packet Pg. 79 11.B.b damages, losses and expenses, including reasonable attorneys' fees and costs, arising from Client's unauthorized use, misuse, modification or misinterpretation of the documents or electronic data. 24. WAIVER OF CONSEQUENTIAL DAMAGE — Client and Manhard mutually agree to waive all claims of consequential damages arising from disputes, claims or other matters relating to this Agreement. 25. MANHARD'S SITE VISITS — If requested by Client or as required by the Proposal, Manhard shall visit the site at intervals appropriate to the various stages of construction as Manhard deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of contractor's work. Construction staking or survey control staking is not considered a site visit. Such visits and observations by Manhard are not intended to be exhaustive or to extend to every aspect of the work in progress, or to involve inspections of the work beyond the responsibilities specifically assigned to Manhard in this Agreement, but rather are to be limited to spot checking, and similar methods of general observation of the work based on Manhard's exercise of professional judgment. Based on information obtained during such visits and such observations, Manhard shall endeavor to determine in general if such work is proceeding in accordance with the contract documents and Manhard shall keep Client informed of the progress of the work. The purpose of Manhard's visits to the site will be to enable Manhard to better carry out the duties and responsibilities assigned to and undertaken by Manhard hereunder including, but not limited to, visits during the Construction Phase and the Surveying Phase. Manhard shall not, during such visits or as a result of such observations of work in progress, supervise, direct or have control over the work, nor shall Manhard have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by contractor(s), for safety precautions and programs incident to the work, for any failure of contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to the furnishing and performing the work or authority to stop the work. Accordingly, Manhard neither guarantees the performance of any contractor(s) nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract documents. Should the Client determine that such service is necessary, Manhard will provide such services as the resident project representative as an Additional Service. Manhard shall not have the authority to instruct any contractor to suspend or terminate its work on the Project. Manhard shall not be responsible for the acts or omissions of any contractor(s), or of any subcontractor(s), any supplier(s), or of any other person or organization performing or furnishing any of the work. 26. DESIGN WITHOUT CONSTRUCTION ADMINISTRATION — It is understood and agreed that Manhard's basic services under this Agreement do not include project observation or review of the Client's performance or any other construction phase services, and that such services will be provided for by the Client. The Client assumes all responsibility for interpretation of any contract documents and for construction observation, and the Client waives any claims against Manhard that may be in any way connected thereto. In addition, the Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Manhard, its officers, directors, employees and subconsultants (collectively, Manhard) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the performance of such services by other persons or entities and from any and all claims arising from modifications, clarifications, interpretations, adjustments or changes made to any contract documents to reflect changed field or other conditions, except for claims arising from the sole negligence or willful misconduct of Manhard If the Client requests in writing that Manhard provide any specific construction phase services and if Manhard agrees in writing to provide such services, then Manhard shall be compensated for Additional Services as provided in Exhibit A. 27. LIMITATION OF RELIANCE — If applicable, the Phase I ESA and/or wetland delineation report(s) will be prepared by Manhard for the sole and exclusive use of the Client and the Client's financing institution involved specifically with this property. Nothing under this Agreement between Manhard and the Client shall be construed to give any rights or benefits to anyone other than the Client and Manhard, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Client and Manhard and not for the benefit of any other party. In particular, Manhard does not intend, without its written consent, for the report(s) to be used or relied upon by anyone other than its Client and the Client's financing institution involved specifically with this property. Use of the report(s) by any other party would be unauthorized and such use would be at the sole risk of the user. 28. CONSTRUCTION STAKING — If Manhard is to provide construction staking as required by the Proposal, then line and grade stakes shall be rn set one time and one time only under the provisions of this Agreement. Client shall notify Manhard that stakes shall be needed at least two (2) 0 working days in advance of starting work. Client to provide all required geometric data, including but not limited to: points of intersection, CL curvature and tangent; property corners along the rights -of -way; building corners for mass grading operations when appropriate; and other L a "key" points as necessary, prior to requesting construction staking if engineering is not provided b Manhard. P Y p q 9 9� 9� 9 p Y � 29. CONTRACTOR'S PAYMENT REQUEST VERIFICATION — If Manhard is to verify contractor's payment requests as required by the Proposal, .Fn then Manhard's on -site observations to review contractor's work for the purposes of recommending payment shall be limited to the specific responsibilities that have been assigned to Manhard in accordance with this Agreement. As such, Client acknowledges that Manhard's observations which are not related to Manhard's specific responsibilities are not exhaustive and do not extend to every aspect of the work -in - progress. t C Neither Manhard's review of contractor's work for the purposes of recommending payments nor Manhard's recommendation of any payment g (including final payment) will impose on Manhard responsibility to supervise, direct or control such work or for the means, methods, }; techniques, sequences or procedures of construction or safety precautions or programs incident thereto, or contractor's compliance with laws, rules, regulations, ordinances, codes or riders applicable to contractor's furnishing and performing the work. It will also not impose responsibility on Manhard to make any examination to ascertain how or for what purposes contractor has used the moneys paid on account of s the contract price, or to determine that the title to any of the work, materials or equipment has passed to Client free and clear of any liens, claims, security interests or encumbrances, or that there may not be other matters at issue between Client and contractor that might affect the amount that should be paid. Q 30. RECORD DRAWINGS — If Manhard is to prepare record drawings as required by the Proposal, then the information submitted by the Contractor and incorporated by Manhard into the record documents will be assumed to be reliable, and Manhard will not be responsible for the accuracy of this information, nor for any errors in or omissions in the information provided by the Contractor which may appear in the record documents as a result, and Client will hold Manhard harmless for any such errors or omissions. Packet Pg. 80 11.B.b EXHIBIT A ADDITIONAL SERVICES Additional services (including, but not limited to those listed below) shall be performed by Manhard, if requested, at an additional cost ("Additional Services"). The following services or items are not included within the scope of work outlined in this PROPOSAL to which this is attached unless specifically set forth therein. Such additional services shall be provided either for an agreed upon Lump Sum Fee or on a Time and Material Basis, subject to the rates as listed below: SCHEDULE OF TIME AND MATERIAL RATES FOR 2015 CATEGORY CURRENT HOURLY RATES President $195.00 Executive Vice President $195.00 Vice President $185.00 Area Manager $175.00 Senior Project Manager II $175.00 Senior Project Manager 1 $160.00 Director $150.00 Senior Planner 11 $150.00 Manager of Community Development $140.00 Survey Manager $135.00 Project Manager $135.00 Senior Construction Manager $125.00 Senior Planner 1 $125.00 Project Engineer $115.00 Construction Manager/Coordinator $110.00 Project Surveyor $110.00 Senior Design Technician $110.00 Staff Engineer $95.00 Staff Surveyor $95.00 Design Technician 11 $95.00 Engineering CADD/G.I.S. Technician $90.00 Land Planner/Environmental Planner $90.00 Survey/Construction Technician $90.00 Design Technician 1 $85.00 Landscape Designer/Architect $80.00 Administrative Assistant $60.00 Intern $50.00 CADD Work Station $42.00 1-Person Crew $135.00 2-Person Crew $178.00 Expert Testimony & Depositions $250.00 CURRENT SF RATE Printing - Paper $0.15 Printing -Vellum $1.75 Printing - Mylar, Film, Clear Acetate $2.50 ALL ENVIRONMENTAL SERVICES II. ALL WATER AND WASTEWATER SYSTEMS SERVICES IV. ALL LAND PLANNING SERVICES V. LANDSCAPE ARCHITECTURAL SERVICES A. Conceptual Landscape Plan. B. Probable Cost - Conceptual Phase. C. Preliminary Landscape Plan. D. Probable Cost - Preliminary Phase. E. Final Landscape Plan. F. Bid Review. G. Contract Administration Packet Pg. 81 11.B.b H. Irrigation Design Coordination. VI. ALL TRAFFIC SERVICES VII. TOPOGRAPHICAL SURVEYING SERVICES A. Preparation of off -site topographic surveys. B. Verification or determination of existing underground utilities that cannot be determined from visible observation and site topography. This would include uncovering buried or submerged structures or completing a "J.U.L.I.E." locate. Locations of existing door and stoops, and upper level or basement floor elevations for existing buildings. C. Drain tile survey or design. VIII. SURVEYING SERVICES A. Preparation of a Boundary Survey or an ALTA/ACSM Land Title Survey, subsequent revisions to the ALTA/ACSM Survey after first review, certification to successors and assigns or other unknown third parties, and preparation of additional or modified certificate language. B. Preparation of legal descriptions and/or exhibits for additional easements or easement vacations other than those shown on the Final PI at. C. Research of Corporate Limits. D. Certification for zoning compliance. E. Setting lot corners after fence or building construction. F. Preparation or negotiation for off -site easements. G. Consultation with the Client, the title company or the Client's attorney with regards to the resolution of gaps and/or overlaps. IX. FINAL ENGINEERING SERVICES A. Revisions due to plan reviews or Base Flood Elevation (BFE) calculations as required by the Lake County Stormwater Management Commission. B. Preparation of an Earthwork Analysis, including Plan Revisions. C. Design or plan preparation of retaining walls. D. Preparation of detailed floodplain and/or floodway studies of any stream or drainage system to determine base flood elevations and stream flows and velocities. rn E. Work in connection with preparation of plans, application and field surveys required to obtain a Federal Emergency Management Agency 0 Letter of Map Revision. CL p L a F. All work in connection with obtaining a permit from the Illinois Department of Transportation or County Department of Transportation, c including plan preparation, drainage calculations and dam safety permits. .y G1 G. Completion of a downstream storm system study. i H. Revisions to the Engineering Plans, Stormwater Reports, or studies resulting from additional or excessive reviews from governmental t agencies due to policy and/or staff changes within the regulatory agency after initial submission to the regulatory agency. I. Preparation of NPDES compliant Stormwater Pollution Prevention Plan. }; C X. CONSTRUCTION SERVICES s A. Construction and surveying services, including verification and/or preparation of a wetland or tree location survey, verification or q determination of existing underground utilities that cannot be determined from visible observation and site topography, staking of Q proposed improvements and preparation of record drawings. B. Preparation of a punchlist or assistance in coordination and correction of punchlist items including obtaining governmental approval and acceptance. Packet Pg. 82 11.B.b XI. C. Performing the duties of a construction coordinator including providing daily log of activities, field review of time and material work, and advising Contractors of the Client's schedules. D. Providing periodic or full-time on -site construction observation. E. Providing record information for gas, electric, telephone or cable television. F. Monitoring as required by the NPDES. MISCELLANEOUS A. Attend additional meetings or public hearings not outlined above, with the Client, design team, or governmental agencies, including preparation of Exhibits. B. Coordination and filing as required for municipal meetings and hearings. C. Providing additional services in connection with the project including services normally furnished by the Client or services not otherwise provided for in this proposal such as, but not limited to, the use of consultants to prepare: • Traffic studies, reports, or traffic signal design • Highway, parking lot or driveway lighting design • Soils reports, borings, testing or inspections • Structural or electrical designs • Architectural services • Landscaping plans • Tree surveys • Historical preservation and archaeological studies or reports • Endangered species investigation and reports • Wetland delineations, reports or permitting • Environmental reports D. Snow removal required to complete surveying or wetland delineation E. Preparation of electronic documents/data including, but not limited to, topographic surveys, plats, base drawings, preliminary engineering plans, landscape plans, final engineering plans and specifications, for transmittal to subconsultants. This service will be provided for a fee of $500.00. F. Overnight mail, messenger services, prints or mylars. G. Additional services due to significant changes in general scope or character of the Project or its design including, but not limited to, changes in size, complexity, or character. H. Revisions of previously approved site "sketch" plans, studies, reports, design documents, preliminary engineering plans, drawings and specifications, after substantial completion of preliminary or final design I. Providing additional services in connection with the Project to assist in obtaining permits from governmental agencies other than those 0 listed. CL p L (L J. Preparation of any special documents (other than the Final Engineering Plans and Contract Documents previously referenced in the c Scope of Services) for Client's use in obtaining financing for the Project. .y G1 K. Planning, design, construction staking or construction services in connection with installation or relocation of utilities such as electrical, telephone, gas or cable television. cC t L. Services resulting from facts revealed about conditions: 1) which are different from information about such conditions that Client previously provided to Manhard and upon which Manhard was entitled to rely; or 2) as to which Client had responsibility to provide information and such information was not previously provided. }; C d M. Preparing documents for alternate bids requested by Client for Contractor's work which is not executed or documents for out -of - sequence work. s N. Preparing to serve or serving as a consultant or witness for Client in any litigation, arbitration or other legal or administrative proceeding Q involving the Project (except for assistance in consultations which is expressly included as part of Basic Services). Packet Pg. 83