2017-01-23 - Village Board Regular Meeting - Agenda PacketFifty Raupp Blvd
Buffalo Grove, IL 60089-2100
Phone: 847-459-2500
A. Pledge of Allegiance
2. Approval of Minutes
A. Village Board - Regular Meeting - Dec 19, 2016 7:30 PM
B. Village Board - Committee of the Whole - Jan 9, 2017 7:30 PM
3. Approval of Warrant
A. Approval of Warrant #1272 (Trustee Johnson) (Staff Contact: Scott Anderson)
4. Village President's Report
A. A Proclamation Commending Peter Panayiotou for His Philanthropic and Generous
Contributions the Buffalo Grove Community (President Sussman) (Staff Contact: Dane
Bragg)
5. Village Manager's Report
A. New Firefighter/Paramedic Oath of Office (Trustee Trilling) (Staff Contact: Mike Baker)
6. Special Business
7. Reports from Trustees
8. Consent Agenda
All items listed on the Consent Agenda, which are available in this room this evening, are
considered to be routine by the Village Board and will be enacted by one motion. There will be
no separate discussion of these items unless a Board member or citizen so requests, in which
event, the item will be removed from the General Order of Business and considered after all other
items of business on the Regular Agenda under New Business. (Attached).
A. 0-2017-1 An Ordinance Amending Chapter 5.20 - Liquor Controls (President Sussman)
(Staff Contact: Julie Kamka)
SUMMARY: The Class B liquor license for Jing Jing, Inc. d/b/a Yen -Yen Restaurant at
360 Half Day Road is hereby rescinded. The business has been sold.
B. R-2017-1 Municipal Acceptance Form LCDOT (Trustee Trilling) (Staff Contact: Darren
Monico)
SUMMARY: Staff Recommends approval of the Municipal Acceptance Form for the
Village Facilities to be built within the Lake County Right -of -Way as part of the Lake Cook
Road Widening Project.
C. R-2017-2 A Resolution Ceding the 2016 Unused Private Activity Bond Volume Cap of
the Village of Buffalo Grove (Including Volume Cap Transferred Form Other Lake County
Home Rule Units) to Lake County (Trustee Berman) (Staff Contact: Jenny Maltas)
SUMMARY: The Village hosts the Private Activity Bond Clearinghouse in partnership with
Lake County Partners. On an annual basis the Village must approve a resolution that
carries over unused funds so that the funds do not go back to the State and can be used
for future projects.
D. Award of Bid for Portable Restrooms (Trustee Trilling, Trustee Stein) (Staff Contact:
Brett Robinson)
SUMMARY: Staff recommends an award of bid to Service Sanitation, Inc., the lowest
responsive and responsible bidder, in an amount not to exceed $15,164.00.
E. Approve Plat of Easement (Trustee Trilling) (Staff Contact: Darren Monico)
SUMMARY: Staff recommends approval of the Plat of Easement. The developer of
Easton Station installed water main on Village property at Fire Station 27 as part of the
Development Improvement Agreement. This is the easement for the completed main.
F. Change Order Road Program Contract with Chicagoland Paving, Inc. (Trustee Trilling)
(Staff Contact: Darren Monico)
SUMMARY: The Road Program contract with Chicagoland Paving Contractors, Inc. was
under contract by $250,670.80. for the project completed in 2016.
G. Change Order Road Program Contract with Arrow Road Construction (Trustee Trilling)
(Staff Contact: Darren Monico)
SUMMARY: The Road Program contract with Arrow Road Construction was under
contract by $598,144.14 for the project completed in 2016.
H. Award of Bid Facility Services (Trustee Stein) (Staff Contact: Brett Robinson)
SUMMARY: Based on the review of the bids and reference checks, staff recommends
the Village Board award a contract for facility services to the lowest responsive and
responsible bidder, Aramark Uniform & Career Apparel, LLC., for a cost not to exceed
$5,908.24 pending final review and approval of the agreement by the Village Attorney.
Proclamation for National Engineers Week (Trustee Trilling) (Staff Contact: Darren
Monico)
SUMMARY: A Proclamation recognizing National Engineers Week, February 19-25,
2017.
9. Ordinances and Resolutions
A. R-2017-3 Buffalo Creek Reservoir IGA (Trustee Stein) (Staff Contact: Michael
Reynolds)
B. R-2017-4 Resolution Approving a Proposal by Tressler, LLP for Legal Services
(Trustee Berman) (Staff Contact: Jenny Maltas)
C. R-2017-5 Buffalo Grove Golf Course Clubhouse Renovations (Trustee Trilling, Trustee
Johnson) (Staff Contact: Brett Robinson)
10. Unfinished Business
11. New Business
A. Authorization to Purchase Kitchen Equipment (Trustee Johnson, Trustee Trilling) (Staff
Contact: Brett Robinson)
B. Authorization to Purchase Replacement Vehicles through the Suburban Purchasing
Cooperative (Trustee Stein) (Staff Contact: Brett Robinson)
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. 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.
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MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF
BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD,
BUFFALO GROVE, ILLINOIS ON MONDAY, DECEMBER 19, 2016
CALL TO ORDER
President Sussman called the meeting to order at 7:30 P.M. Those present stood and pledged allegiance to
the Flag as Boy Scout Troop 79 presented the Colors.
ROLL CALL
Roll call indicated the following present: President Sussman; Trustees Berman, Trilling, Stein,
Ottenheimer, Weidenfeld and Johnson. y
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Also present were: Dane Bragg, Village Manager; William Raysa, Village Attorney; Luke Glisan,
Assistant Village Attorney; Deputy Village Manager Jennifer Maltas; Scott Anderson, Director of Finance;
Art Malinowski, Human Resource Director; Evan Michel, Management Analyst; Christopher Stilling, C
Director of Community Development; Brett Robinson, Director of Purchasing; Mike Reynolds, Director of j
Public Works; Darren Monico, Village Engineer; Geoff Tollefson, Director of Golf Operations; Police a
Chief Casstevens; Fire Chief Baker; and Deputy Fire Chief Wagner. C
APPROVAL OF MINUTES
Moved by Johnson, seconded by Weidenfeld, to approve the minutes of the December 5, 2016 Regular
Meeting. Upon roll call, Trustees voted as follows:
AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
NAYS: 0 — None
Motion declared carried.
WARRANT #1271
Mr. Anderson read Warrant #1271. Moved by Ottenheimer, seconded by Stein, to approve Warrant #1271
in the amount of $2,869,794.24, authorizing payment of bills listed. Upon roll call, Trustees voted as
follows:
AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
NAYS: 0 — None
Motion declared carried.
VILLAGE PRESIDENT'S REPORT
President Sussman read a statement explaining the criteria to achieve the rank of Eagle Scout in the Boy
Scouts. President Sussman then recognized three scouts who have received that rank, each of whom shared
the project that they coordinated to attain this honor, after which they were congratulated by the audience
and the Board.
President Sussman recognized each of the Boy Scouts from Troop79 who presented the Colors tonight,
noting that they are working toward their Citizenship badge.
President Sussman congratulated Prichett and Tripp Elementary Schools as National Blue Ribbon award
winners.
President Sussman noted that Chief Casstevens had presented a Police Department Special
Commendation award to two local students.
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President Sussman noted that the Lake County Stormwater Management Commission announced the
2016 Stormwater award recipient. As Jeff Weiss came forward, President Sussman summarized Mr.
Weiss' achievements to earn this award, after which he was congratulated by the audience and the Board.
VILLAGE MANAGER'S REPORT
Dr. Aaron Appell, Immediate Past President of the Rotary Club of Buffalo Grove, reviewed the criteria in
selecting the Firefighter of the Year award. Mr. Appell reviewed the accomplishments of Battalion Chief
Shawn Collins as he presented him with the 2016 Firefighter of the Year award and as he was
congratulated by the audience and the Board. Battalion Chief Collins noted that he is honored to receive
this award and thanked the staff, his family and Rotary for the honor, as well as for the opportunity to
follow his passion in being a firefighter.
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A representative from the American Public Works Association (APWA) reviewed the criteria for this
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award, and presented the 2016 Re -Accreditation Award to the Village Board & members of the Public
Works Department. The APWA Accreditation program recognizes public works agencies that go beyond
the requirements of the management practices established nationally in the public works industry. The
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Village of Buffalo Grove first received accreditation in June 2004, and was the 16th agency in North
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America and the 3rd in Illinois to become accredited. The Buffalo Grove Public Works Department
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recently received their third Re -accreditation on September 22, 2016, joining Highland Park, Libertyville,
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Naperville, Schaumburg, and Skokie in this prestigious group of dedicated communities. Mr. Reynolds
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thanked the Board and the Village Manager and all departments for their work together with Public Works.
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PUBLI HEARING — BERENESA PLAZA
President Sussman called the Public Hearing for an Amendment to the Berenesa Plaza Annexation
Agreement to order at 7:49 P.M. This Public Hearing is continued from December 5, 2016.
Roll call indicated the following present: President Sussman; Trustees Berman, Trilling, Stein,
Ottenheimer, Weidenfeld and Johnson.
Mr. Stilling provided an overview of the Amended Annexation Agreement, details of which are contained
in his memo to the Board of December 15, 2016, pointing out that there is a revised ordinance on the dais
tonight. Approvals are contingent on all three ordinances and related exhibits being subject to review of
the Village Attorney.
Mr. Stilling introduced Jim Arneson, on behalf of Woodman's, and Louis Schriber, on behalf of
Shorewood, to provide some specifics regarding the latest site plan. President Sussman swore both men in
to give testimony. After their presentations, both gentlemen answered questions from the Board.
President Sussman swore in Mr. Moore of Garden Fresh Market to give testimony. Mr. Moore questioned
whether or not the Board had taken into account the economic impact that the Woodman's store would
have on existing businesses. Trustee Berman stated that this had definitely been taken into account, and
explained that it is anticipated that there is a large enough market for everyone.
President Sussman swore in Jeff Silverman, MJK Real Estate Holding, to give testimony. Mr. Silverman
stated that they are looking forward to being a part of this development, but commented on the easement
agreement, the traffic flow, and the trash container placement. Mr. Stilling responded to Mr. Silverman's
comments.
Mr. Raysa noted that the document that is being presented at this Public Hearing is entitled the
Development Agreement and Second Amendment to the Annexation Agreement. for the Santucci Property.
Speakers have referenced Lot 1, Lot 2 and Lot 3. The documentation is actually for Parcel 1, Parcel 2 and
Parcel 3. Illinois State Statue provides for this Public Hearing on the Annexation Agreement, the Second
Amendment to the Annexation Agreement and the Development Agreement. It also provides that changes
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can be made to the draft that is being presented at the Public Hearing tonight and those changes can be
made after the end of the Public Hearing.
At 8:35 P.M., President Sussman noted that this Public Hearing will remain open until the Village Board
takes action later on in this meeting.
There are no Trustee reports tonight.
CONSENT AGENDA
TRUSTEE REPORTS
President Sussman explained the Consent Agenda, stating that any member of the audience or the Board
could request that an item be removed for full discussion. The Village Clerk read a brief synopsis of each U)
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of the items on the Consent Agenda. 3
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Competitive Bids 4-
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Motion to authorize staff to seek competitive bids for various projects. j
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Competitive Proposals a
Motion to authorize staff to waive bids and seek competitive proposals for various projects for FY 2017.
Call One
Motion to approve an Agreement with Call One.
Resolution No. 2016-33 — Buffalo Grove Transportation Agreement
Motion to pass Resolution No. 2016-33, Buffalo Grove Transportation Agreement Amendment.
Ordinance No. 2016-63 — Liquor Controls
Motion to pass Ordinance No. 2016-63, amending Chapter 5.20 — Liquor Controls, of the Buffalo Grove
Municipal Code.
Moved by Weidenfeld, seconded by Johnson, to approve the Consent Agenda. Upon roll call, Trustees
voted as follows:
AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
NAYS: 0 — None
Motion declared carried.
ORDINANCE NO.2016-64 — BURDEEN'S JEWELRY
Moved by Weidenfeld, seconded by Ottenheimer, to pass Ordinance No. 2016-64, approval of an
Amendment to Ordinance No. 2012-46 and a Parking Variation for 1151 W. Lake Cook Road (Burdeen's
Jewelry).
Mr. Stilling reviewed the proposed ordinance, details of which are contained in his memo to the Board of
December 15, 2016.
Upon roll call, Trustees voted as follows:
AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
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NAYS: 0 — None
Motion declared carried.
ORDINANCE NO. 2016-65 — BERENESA PLAZA PROPERTY
Moved by Berman, seconded by Weidenfeld, to pass Ordinance No. 2016-65, approval of an Amendment
to the Existing Annexation Agreement Ordinance No. 90-55, as amended by Ordinance No. 2007-55 for
the Berenesa Plaza Property located at the Northwest and Southwest Corners of Deerfield Parkway and
Milwaukee Avenue,
Mr. Raysa asked that the motion be amended to authorize non -substantive language changes to the Second
Amendment to the Annexation Agreement and the Development Agreement, and also allow attachment of
necessary exhibits approved by the Village Attorney.
Trustees Berman and Weidenfeld accepted the changes proposed by Mr. Raysa.
Mr. Stilling noted that staff recommends approval of the proposed ordinance.
Upon roll call, Trustees voted as follows on the amended motion:
AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
NAYS: 0 — None
Motion declared carried.
Moved by Berman, seconded by Trilling, to close the Public Hearing. Upon roll call Trustees voted as
follows:
AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
NAYS: 0 — None
Motion declared carried.
The Public Hearing was closed at 8:43 P.M.
ORDINANCE NO.2016-66 — COMPREHENSIVE ZONING ORDINANCE
Moved by Berman, seconded by Weidenfeld, to pass Ordinance No. 2016-66, approval of an Ordinance
amending the Comprehensive Zoning Ordinance and granting Special Uses and Variations from certain
sections of the Buffalo Grove Zoning and Sign Ordinance for the 25 acre property at the Northwest and
Southwest corners of Milwaukee Avenue and Deerfield Parkway
Mr. Stilling stated that staff requests that this be subject to final review by the Village Attorney as it relates
to non -substantive changes and exhibits.
Upon roll call, Trustees voted as follows:
AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
NAYS: 0 — None
Motion declared carried.
ORDINANCE NO. 2016-67 — ECONOMIC DEVELOPMENT AGREEMENT
Moved by Ottenheimer, seconded by Berman, to pass Ordinance No. 2016-67, approval of an Amendment
to the Economic Development Agreement with Woodman's Food Markets, Inc., subject to review and
approval by the Village Attorney. Upon roll call, Trustees voted as follows:
AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
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NAYS: 0 — None
Motion declared carried.
Mr. Stilling thanked the Board for their support on this project over the last few months.
UESTIONS 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.
ADJOURNMENT
Moved by Berman, seconded by Johnson, to adjourn the meeting. Upon voice vote, the motion was
unanimously declared carried. The meeting was adjourned at 8:44 P.M. d
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Janet M. Sirabian, Village Clerk j
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APPROVED BY ME THIS 23"d DAY OF January 2017 Q
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Village President
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MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF
BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO
GROVE, ILLINOIS ON MONDAY, JANUARY 9, 2017
President Sussman called the meeting to order at 7:30 P.M.
CALL TO ORDER
ROLL CALL
Roll call indicated the following present: President Sussman; Trustees Berman, Trilling, Stein, Ottenheimer,
Weidenfeld and Johnson.
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Also present were: Dane Bragg, Village Manager; William Raysa, Village Attorney; Deputy Village Manager 3
Jennifer Maltas; Scott Anderson, Director of Finance; Andrew Brown, Deputy Direct of Finance; Art c
Malinowski, Hurnan Resource Director; Evan Michel, Management Analyst; Mike Reynolds, Director of Public
Works; Brian Sheehan, Building Commissioner; Darren Monico, Village Engineer; Geoff Tollefson, Director of 0
Golf Operations; Police Chief Casstevens; Fire Chief Baker.
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The Committee of the Whole Meeting consisted of staff reports and Board discussion on the following issues. Q-
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DR. ZYDLO BOOK PRESENTATION
Chief Baker presented a brief history of a book, "Dead in Six Minutes", which details the origins of area
paramedic services, pointing out that the very fast paramedic call came in to the Buffalo Grove Fire Department.
RULES & RESPONSIBILITIES — BOARDS & COMMISSIONS
Ms. Maltas reviewed the Rules & Regulations for Boards & Commission that staff has drafted, after which
Board members presented feedback for staff on this document.
PROCLAMATIONS & PRESENTATIONS
Ms. Maltas reviewed feedback from elected officials regarding the length of time dedicated to presentations and
proclamations at the beginning of Village Board meetings, details of which are contained in her memo to the
Board of January 9, 2017. Board members presented feedback to staff regarding policy direction on how to
accommodate these types of items while maintaining time efficiency of public meetings.
MASSAGE ESTABLISHMENT REGULATION
Mr. Bragg reviewed the issues related to massage establishment regulation, details of which are contained in his
memo to the Board of January 5, 2017. Also addressing the situation is a memo from Mr. Raysa and Mr. Glisan
to Mr. Bragg dated December 8, 2016. Discussion from Board members ensued.
COLLECTOR ROUTE OPTIONS
Mr. Monico reviewed the Collector Route options for future improvements on Brandywyn Lane and
Thompson Boulevard regarding street width, details of which are contained in his memo to Mr. Bragg of
December 30, 2016. Board discussion ensued.
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.
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EXECUTIVE MEETING
Moved by Ottenheimer, seconded by Johnson, to move to Executive Session for the purpose of discussion on
Litigation, when an action against, affecting or on behalf of the Particular Public Body has been filed and
is Pending before a Court or Administrative Tribunal, or when the Public Body finds that an action is
Probable or Imminent, in which case the Basis for the Finding shall be Recorded and Entered into the
Minutes of the Closed Meeting, pursuant to Section 2(c)(11) of the Illinois Open Meetings Act. Upon roll call,
Trustees voted as follows:
AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
NAYS: 0 — None
Motion declared carried.
The Board moved to Executive Session from 8:45P.M. until 9:09 P.M. y
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ADJOURNMENT
Moved by Trilling, seconded by Weidenfeld, to adjourn the meeting. Upon voice vote, the motion was 0
unanimously declared carried. The meeting was adjourned at 9:10 P.M.
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Janet M. Siiabian, Village Clerk
APPROVED BY ME THIS 23rd DAY OF January 2017
Village President
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Action Item : Approval of Warrant #1272
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
Staff recommends approval of Warrant #1272 which totals $5,296,522.03
ATTACHMENTS:
• W#1272 SUMMARY (PDF)
Trustee Liaison
Johnson
Monday, January 23, 2017
Staff Contact
Scott Anderson, Finance
Updated: 1/18/2017 4:49 PM
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VILLAGE OF BUFFALO GROVE WARRANT #1272
23-Jan-17
General Fund:
2,365,099.88
Parking Lot Fund:
627.01
Motor Fuel Tax Fund:
231,509.93
Debt Service Fund:
0.00
School & Park Donations
0.00
Capital Projects -Facilities:
7,374.44
Capital Projects -Streets:
37,639.90
Health Insurance Fund:
0.00
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Facilities Development Debt Service Fund:
0.00
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Retiree Health Savings (RHS):
2,782.59
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Water Fund:
195,965.92
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Buffalo Grove Golf Fund:
1,236.37
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Arboretum Golf Fund:
5,088.77
Refuse Service Fund:
118,157.70
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Information Technology Internal Service Fund:
140,232.29
Central Garage Internal Service Fund:
54,348.35
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Building Maintenance Internal Service Fund:
45,444.60
3,205,507.75
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PAYROLL PERIOD ENDING 12/29/16 1,017,472.99
PAYROLL PERIOD ENDING 01/12/17 1,073,541.29
2,091,014.28
TOTAL WARRANT #1272 5,296,522.03
APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, ILLINOIS
Village Clerk
Village President
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Information Item : A Proclamation Commending Peter Panayiotou
for His Philanthropic and Generous Contributions the Buffalo Grove
Community
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Recommendation of Action
Staff recommends proclamation.
The Village of Buffalo Grove is proud to commend Peter Panayiotou for his philanthropic and generous
contributions the Buffalo Grove Community.
ATTACHMENTS:
• Pete Proc (DOC)
Trustee Liaison
Sussman
Monday, January 23, 2017
Staff Contact
Dane Bragg, Office of the Village Manager
Updated: 1/18/2017 11:02 AM
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PROCLAMATION COMMENDING PETER PANAYIOTOU FOR HIS
PHILANTHROPIC AND GENEROUS CONTRIBUTIONS TO THE BUFFALO
GROVE COMMUNITY
WHEREAS, Peter Panayiotou made the Buffalo Grove area his home after being born and
raised on the Island of Cyprus in the Mediterranean; and
WHEREAS, Peter Panayiotou opened the Continental Restaurant in 1995 where he has
served generations of Buffalo Grove Residents award winning dishes such as
Deli Sandwiches, Ice Cream, as well as his famous Matzah Ball Soup; and
WHEREAS, Peter Panayiotou's selfless community service has provided an inspiration to
all those in the Buffalo Grove community. He has sponsored countless
fundraisers, for which he donated refreshments or the use of his restaurant.
These fundraisers supported such noble causes as the American Cancer
Society, Haitian Earthquake Relief, the Buffalo Grove Arts Fair, as well as the
Illinois Special Olympics; and
WHEREAS, Peter Panayiotou has supported the initiatives and the employees of the Village
of Buffalo Grove in innumerable ways. Peter Panayiotou served on the
Economic Development Strategic Plan Steering Committee, which identified
how the Village can optimize its role to achieve long-term economic growth.
He likewise, has donated meals to the Buffalo Grove Police Officers who are
on duty and away from their families on holidays; and
NOW, THEREFORE, I, BEVERLY SUSSMAN, PRESIDENT OF THE VILLAGE OF
BUFFALO GROVE, do hereby proclaim the Village of Buffalo Grove is proud to commend
Peter Panayiotou for his philanthropic and generous contributions to the Buffalo Grove
Community. He serves as a proud example of the best Buffalo Grove has to offer.
Proclaimed this 23rd day of January 2017
Beverly Sussman,
Village President
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Information Item : New Firefighter/Paramedic Oath of Office
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Recommendation of Action
Staff recommends presentation.
Daniel Downey will take the oath of office as a Firefighter/Paramedic with the Buffalo Grove Fire
Department.
Trustee Liaison
Trilling
Monday, January 23, 2017
Staff Contact
Mike Baker, Fire
Updated: 1/19/2017 3:27 PM A
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Ordinance No. 0-2017-1 : An Ordinance Amending Chapter 5.20 -
Liquor Controls
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Recommendation of Action
Staff recommends approval.
SUMMARY: The Class B liquor license for Jing Jing, Inc. d/b/a Yen -Yen Restaurant at 360 Half Day Road
is hereby rescinded. The business has been sold.
ATTACHMENTS:
• Class B - Jing Jing, Inc dba Yen Yen Rescinded 1-4-17(DOCX)
Trustee Liaison
Sussman
Monday, January 23, 2017
Staff Contact
Julie Kamka, Community Development
Updated: 1/17/2017 3:07 PM
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01/04/2017
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ORDINANCE NO. 2017 -
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 B. of Section 5.20.072 of the Village of Buffalo Grove
Municipal Code is hereby amended with deletions in st- fi'�= and additions in underline text so
that Subsection B. of Section 5.20.072 shall provide as follows:
B. Class B.
Licensee and d/b/a Address
21. Spirit Caf6, Inc. d/b/a Versailles Restaurant 100 McHenry Rd.
22. Taste of Tokyo, Inc. 159 McHenry Rd.
43.
Nino's Pizzeria, Inc.
-54.
Chanprung, LLC d/b/a Fuji Thai
65.
JPJK, Inc. d/b/a Wooil Restaurant
76.
Continental Restaurant, Inc.
-97.
Buffalo Grove Restaurant, LLC
d/b/a Buffalo Restaurant
960 Buffalo Grove Rd.
1000 Weiland Rd.
185 N. Milwaukee Ave
782 S. Buffalo Grove Rd
It 80 Lake Cook Rd.
Section 2.
A. The Class B liquor license for Jing Jing, Inc. d/b/a Yen -Yen Restaurant at 360 Half Day
Road is hereby rescinded. The business has been sold.
B. This Section 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:
1
Packet Pg. 17
PASSED: 2017
8.A.a
APPROVED:
ATTEST:
Janet M. Sirabian, Village Clerk
2017
Beverly Sussman, Village President
Packet Pg. 18
8.B
Resolution No. R-2017-1 : Municipal Acceptance Form LCDOT
...........................................................................................................................................................................
Recommendation of Action
Staff recommends that the Village sign the attached Municipal Facility Acceptance Forms. These forms
are for the Village to own and maintain Village facilities that are to be built within the Lake County portions
of the Buffalo Grove Road and Weiland Road Right -of -Ways. The facilities include sidewalks, multi -use
paths, street lights, a retaining wall and utilities such as water main and sewer. This is for the Lake Cook
Road Widening project and needs to be completed prior to the construction letting planned for late 2017.
This is an agreement between Lake County DOT and the Village for ownership and maintenance. Cook
County will be constructing the facilities as part of the project.
SUMMARY: Staff Recommends approval of the Municipal Acceptance Form for the Village Facilities to be
built within the Lake County Right -of -Way as part of the Lake Cook Road Widening Project.
ATTACHMENTS:
• Weiland Road Application Municipal acceptance Jan 2017 (PDF)
• Buffalo Grove Road —Application Municipal acceptance Jan 2017 2015 (PDF)
• RESOLUTION Municipal Acceptance Form 17-0110 (DOCX)
Trustee Liaison
Trilling
Monday, January 23, 2017
Staff Contact
Darren Monico, Public Works
Updated: 1/18/2017 3:44 PM A
Page 1
Packet Pg. 19
8.B.a
Permit Number / Date
VA*-OLa ke C o u n t W. Winchester Road
'Y Libertyville, IL 60048
',//1F Division of Transportation Telephone: 847 377 7400
MUNICIPAL UTILITY/FACILITY ACCEPTANCE ON A COUNTY HIGHWAY
(Please print or type)
APPLICANT (Name and address): Village of Buffalo Grove
50 Raupp Blvd. Buffalo Gove, Illinois 60089 Telephone Number: 847/459-2523
being a municipal corporation in the State of Illinois, County of Lake, hereby requests permission from the County
Engineer of Lake County to locate and maintain the below described Municipal Utility/Facility within the right-of-way
limits of a County Highway in accordance with the Lake County, IL Code of Ordinances, as amended.
This Municipal Utility/Facility is described as follows:
1. Name of County Highway:
Weiland Road
2. Location (distance from nearest intersection, which side of road, etc.)
Wood Stone Drive (1599 ft. north of Lake Cook Road
Lake Cook Road to 370 ft. north of
0
N
W
3. Type of Municipal Utility/Facility (watermain, sidewalk, etc.): Water main, sanitary sewer, sidewalk, multi -use
path, street lighting, landscaped median, and the block retaining wall and railing in the north west corner of Lake
Cook Road and Weiland Road
4. Utility/Facility to be constructed by: ❑ Municipal Crews (contact person):
❑ Contractor (name, address, telephone):
❑ Developer (name, address, telephone):
® Other (name, address, telephone): Constructed as part of the Cook County construction project Section No.
14-A5015-03-RP and 04-RP and Lake Countv Section No. 14-00999-01-WR
5. Comments (if needed):
NOTE: This Acceptance is subject to the General Conditions as printed on the reverse side of this form
The Application is only valid when an original signature is provided on page 2.
Packet Pg. 20
8.B.a
GENERAL CONDITIONS FOR MUNICIPAL UTILITY/FACILITY ACCEPTANCE
ON A COUNTY HIGHWAY
1. In submitting this Acceptance, the Municipality agrees to comply with the various policies, conditions and requirements of the
Lake County Division of Transportation, whether written or verbal and the Lake County, IL Code of Ordinances, as amended.
p
0
2. The Municipality shall supply, at its expense, such information or submittals as may be required for review and to make such
0
changes or revisions as required by the Lake County Division of Transportation.
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3. Lack of an immediate response to this application form or any information or submittals supplied for review and/or comment
O
u_
shall not be construed as approval or acceptance by the County Engineer or the Lake County Division of Transportation, nor
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shall they be held responsible for any costs or delays due to the processing time required.
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4. The review of the Municipal Utility/Facility shall be based on the primary use of the County Highway right-of-way for the safe
Q.
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and efficient movement of vehicular traffic and the maintenance and improvements needed to support such primary use.
Q
5. The Lake County Division of Transportation shall not be responsible for providing room within the County Highway right-of-way
Q
for the Municipal Utility/Facility.
0
6. This Acceptance does not relieve the Municipality from complying with any statutes, regulations, ordinances or administrative
orders of the Federal, State or County Governments or any political subdivision or administrative agencies that may apply to the
Municipal Utility/Facility.
7. The Municipality shall obtain permission from the legal property owner of the County Highway right-of-way where the Municipal N
Utility/Facility will be located.
8. Unless otherwise stated in the issued Highway Permit, the Municipality and its successors and assigns shall be responsible for
the following: N
a. The operation and maintenance of the Municipal Facility within the County Highway right-of-way. Such operation and
maintenance shall include keeping the Municipal Facility in a safe condition for use by the Public, not creating any hazardous
conditions, providing any special maintenance which may include cleaning ice and snow from sidewalks or bike paths or
additional mowing of adjacent turf areas, making changes or revisions to the Municipal Facility needed because of the
maintenance operations of the Lake County Division of Transportation or use of the County Highway right-of-way by the
General Public and restoring portions of the County Highway right-of-way disturbed by repairs, maintenance, extensions,
service connections, and/or other work done to the Municipal Facility without a Highway Permit being issued.
b. Any additional costs to the County of Lake and/or its Division of Transportation for road improvements and/or maintenance
work due to the location and/or use of the Municipal Facility within the County Highway right-of-way. Such costs can include
adjustments needed to the Municipal Facility to accommodate said road improvements and/or maintenance work and/or
damage to County Property and/or equipment.
c. For indemnifying, defending and holding harmless the County of Lake and the Lake County Division of Transportation
including their elected and duly appointed officials, agents, employees and representatives from and against any and all
claims, suits, actions, losses, expenses, damages, injuries, deaths, judgments and demands arising from and relating to the
location and/or use of the Municipal Facility within the County Highway right-of-way regardless of any limitations of insurance
coverage.
d. Other items as specified in the Lake County, IL Code of Ordinances, as amended.
If a separate application is made by an Applicant other than the Municipality to construct the Utility/Facility, then the Municipality,
by submitting this Acceptance form, hereby acknowledges that it will become the successor or assign of this Applicant for the
said Utility/Facility.
ATTEST:
Municipal Clerk
By:
Date:
FOR THE MUNICIPALITY:
Municipal Mayor/President
Packet Pg. 21
Rev. 09/15
8.B.b
Permit Number / Date
VA*-OLa ke C o u n t W. Winchester Road
'Y Libertyville, IL 60048
',//1F Division of Transportation Telephone: 847 377 7400
MUNICIPAL UTILITY/FACILITY ACCEPTANCE ON A COUNTY HIGHWAY
(Please print or type)
APPLICANT (Name and address): Village of Buffalo Grove
50 Raupp Blvd. Buffalo Gove, Illinois 60089 Telephone Number: 847/459-2523
being a municipal corporation in the State of Illinois, County of Lake, hereby requests permission from the County
Engineer of Lake County to locate and maintain the below described Municipal Utility/Facility within the right-of-way
limits of a County Highway in accordance with the Lake County, IL Code of Ordinances, as amended.
This Municipal Utility/Facility is described as follows:
1. Name of County Highway:
Buffalo Grove Road
2. Location (distance from nearest intersection, which side of road, etc.)
571 ft. north of Lake Cook Road
From Lake Cook Road to
FY
3. Type of Municipal Utility/Facility (watermain, sidewalk, etc.): Water main, sanitary sewer, sidewalk, multi -use
path, and street liqhtinq
4. Utility/Facility to be constructed by: ❑ Municipal Crews (contact person):
❑ Contractor (name, address, telephone):
❑ Developer (name, address, telephone):
® Other (name, address, telephone): Constructed as part of the Cook County construction project Section No.
14-A5015-03-RP and 04-RP and Lake Countv Section No. 14-00999-01-WR
5. Comments (if needed):
NOTE: This Acceptance is subject to the General Conditions as printed on the reverse side of this form.
The Application is only valid when an original signature is provided on page 2.
Packet Pg. 22
8.B.b
GENERAL CONDITIONS FOR MUNICIPAL UTILITY/FACILITY ACCEPTANCE
ON A COUNTY HIGHWAY
O
1. In submitting this Acceptance, the Municipality agrees to comply with the various policies, conditions and requirements of the
V
Lake County Division of Transportation, whether written or verbal and the Lake County, IL Code of Ordinances, as amended.
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2. The Municipality shall supply, at its expense, such information or submittals as may be required for review and to make such
Li
changes or revisions as required by the Lake County Division of Transportation.
d
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c
3. Lack of an immediate response to this application form or any information or submittals supplied for review and/or comment
shall not be construed as approval or acceptance by the County Engineer or the Lake County Division of Transportation, nor
y
shall they be held responsible for any costs or delays due to the processing time required.
v
Q
4. The review of the Municipal Utility/Facility shall be based on the primary use of the County Highway right-of-way for the safe
and efficient movement of vehicular traffic and the maintenance and improvements needed to support such primary use.
Q .2
5. The Lake County Division of Transportation shall not be responsible for providing room within the County Highway right-of-way
3
for the Municipal Utility/Facility.
6. This Acceptance does not relieve the Municipality from complying with any statutes, regulations, ordinances or administrative
ti
orders of the Federal, State or County Governments or any political subdivision or administrative agencies that may apply to the
c
Municipal Utility/Facility.
N
7. The Municipality shall obtain permission from the legal property owner of the County Highway right-of-way where the Municipal
uO
Utility/Facility will be located.
c
N
8. Unless otherwise stated in the issued Highway Permit, the Municipality and its successors and assigns shall be responsible for
the following: N
a. The operation and maintenance of the Municipal Facility within the County Highway right-of-way. Such operation and
maintenance shall include keeping the Municipal Facility in a safe condition for use by the Public, not creating any hazardous
conditions, providing any special maintenance which may include cleaning ice and snow from sidewalks or bike paths or
additional mowing of adjacent turf areas, making changes or revisions to the Municipal Facility needed because of the
maintenance operations of the Lake County Division of Transportation or use of the County Highway right-of-way by the
General Public and restoring portions of the County Highway right-of-way disturbed by repairs, maintenance, extensions,
service connections, and/or other work done to the Municipal Facility without a Highway Permit being issued.
b. Any additional costs to the County of Lake and/or its Division of Transportation for road improvements and/or maintenance
work due to the location and/or use of the Municipal Facility within the County Highway right-of-way. Such costs can include
adjustments needed to the Municipal Facility to accommodate said road improvements and/or maintenance work and/or
damage to County Property and/or equipment.
c. For indemnifying, defending and holding harmless the County of Lake and the Lake County Division of Transportation
including their elected and duly appointed officials, agents, employees and representatives from and against any and all
claims, suits, actions, losses, expenses, damages, injuries, deaths, judgments and demands arising from and relating to the
location and/or use of the Municipal Facility within the County Highway right-of-way regardless of any limitations of insurance
coverage.
d. Other items as specified in the Lake County, IL Code of Ordinances, as amended.
If a separate application is made by an Applicant other than the Municipality to construct the Utility/Facility, then the Municipality,
by submitting this Acceptance form, hereby acknowledges that it will become the successor or assign of this Applicant for the
said Utility/Facility.
ATTEST:
Municipal Clerk
By:
Date:
FOR THE MUNICIPALITY:
Municipal Mayor/President
Packet Pg. 23
Rev. 09/15
8.B.c
RESOLUTION NO. 2017 -
A RESOLUTION APPROVING MUNICIPAL UTILITY/FACILITY ACCEPTANCES
ON COUNTY HIGHWAY AGREEMENTS WITH THE LAKE COUNTY
DEPARTMENT OF TRANSPORTATION, RELATED TO THE LAKE COOK ROAD o
IMPROVEMENT PROJECT
E
L
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WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the 0
a
�a
Illinois Constitution of 1970; and, d
WHEREAS, the Village is agreeable to own and maintain the Village facilities Q
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a
such as sidewalk, multi -use paths, street lights, water main, sewer, and retaining walls
that are proposed to be located with the Right -of -Ways of Buffalo Grove Road and
Weiland Road, that are under the jurisdiction of the Lake County Department of N
W
Transportation, that will be constructed by Cook County as part of the Lake cook Road o
Improvement Project.
NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of
Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, as follows:
Section 1: The Agreements entitled "Municipal Utility/Facility Acceptance on a
County Highway" for both Buffalo Grove Road and for Weiland Road, between
the Lake County Department of Transportation and the Village of Buffalo Grove
related to the Lake Cook Road Improvement Project, are hereby approved
("Agreements").
Section 2: The Village President and Village Clerk are authorized and directed to
execute the Agreements. A copy of said Agreements are attached hereto and
made a part hereof.
1
Packet Pg. 24
8.B.c
AYES:
NAPES:
ABSENT:
PASSED: , 2017
APPROVED: 2017
APPROVED:
Village President
ATTEST:
Village Clerk
G:AENGINEER\Lake Cook Road hnprovements\RESOLUTION Municipal Acceptance Form
2
w
Packet Pg. 25
8.0
Resolution No. R-2017-2 : A Resolution Ceding the 2016 Unused
Private Activity Bond Volume Cap of the Village of Buffalo Grove
(Including Volume Cap Transferred Form Other Lake County Home
Rule Units) to Lake County
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Recommendation of Action
Staff recommends approval.
SUMMARY: The Village hosts the Private Activity Bond Clearinghouse in partnership with Lake County
Partners. On an annual basis the Village must approve a resolution that carries over unused funds so
that the funds do not go back to the State and can be used for future projects.
ATTACHMENTS:
• Buffalo Grove Resolution Ceding 2016 PABC (DOCX)
• Exhibit A (PDF)
Trustee Liaison
Berman
Monday, January 23, 2017
Staff Contact
Jenny Maltas, Office of the Village Manager
Updated: 1/17/2017 9:08 AM
Page 1
Packet Pg. 26
8.C.a
RESOLUTION NO. 2017-XXX
A RESOLUTION CEDING THE 2016 UNUSED PRIVATE ACTIVITY BOND VOLUME CAP OF
THE VILLAGE OF BUFFALO GROVE (INCLUDING VOLUME CAP TRANSFERRED FROM
OTHER LAKE COUNTY HOME RULE UNITS) TO LAKE COUNTY.
WHEREAS, the Village of Buffalo Grove, Cook and Lake Counties, Illinois (the "Village") is
a municipality and a home rule unit of government duly organized and validly existing under
Section 6(a) of Article VII of the 1970 Constitution and laws of the State of Illinois; and
WHEREAS, in order to facilitate economic development both in the Village of Buffalo Grove
and in Lake County, Illinois, the Village has received Volume Cap from the Lake County Home
Rule Municipalities in the amounts identified in Exhibit A to consolidate management under control
of a single Home Rule entity in cooperation with Lake County Partners Private Activity Bond
Clearinghouse (the "PABC"); and
WHEREAS, tax exempt private activity bonds provide for opportunities to increase business
and commerce and relieve conditions of unemployment; and
WHEREAS, the PABC has $28,936,100 of calendar year 2016 unused Volume Cap
available from Lake County Home Rule Units; and
WHEREAS, the PABC has recommended that it is in the best interest of the Village of
Buffalo Grove to transfer $28,936,100 of unused Volume Cap to Lake County, Illinois and thereby
permit Lake County to issue tax-exempt private activity bonds to finance multi -family projects; and
WHEREAS, it is in the best interest of the Village, Lake County Home Rule Municipalities,
and Lake County Partners to collect the anticipated 1.0% Volume Cap fee as soon as possible;
and
WHEREAS, the Village will report this transfer of $28,936,100 of unused Volume Cap to
Lake County, Illinois to the State of Illinois Bureau of the Budget as soon as reasonably possible;
and
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF THE VILLAGE
OF BUFFALO GROVE:
Section 1. That the Village of Buffalo Grove hereby transfers $28,936,100 of unused
Volume Cap to Lake County, Illinois.
Section 2. The PABC and the Village shall both retain a copy of this Resolution in their
records for a minimum of 30 years. Notice of this Resolution together with a
copy of this Resolution shall be given in writing by the Village after passage
and approval hereof.
Section 3. That the officials of the Village are hereby authorized, empowered, and
directed to take all necessary or advisable actions concerning the execution
and implementation of this Resolution.
Section 4. That this Resolution shall be in full force and effect from and after its
passage and approval according to law.
Packet Pg. 27
8.C.a
Passed and approved this 23 day of January, 2017.
AYES:
NAYES:
ABSENT:
ADOPTED: , 2017.
APPROVED: , 2017.
Village President
ATTEST:
Village Clerk
Packet Pg. 28
8.C.b
Collected / Allocated 2016 PABC
Volume Cap
2016 Estimate
(from Illinois
Guidelines)
2016 Per
Capita -
$100.00
Actual Collected
Comments
Bannockburn
1,575
$157,500
$157,500
2016-R-19
Buffalo Grove
41,701
$4,170,100
$4,170,100
R2016-6
Deerfield
18,385
$1,838,500
$1,838,500
R2016-6
Gurnee
31,207
$3,120,700
$3,120,700
R2016-01
Highland Park
29,871
$2,987,100
$2,987,100
R49-2016
Lake Barrington
4,985
$498,500
$498,500
2016-0-5
Lake Bluff
5,698
$569,800
$569,800
R2001-51
Lake Forest
19,379
$1,937,900
$1,937,900
2016-17
Lincolnshire
7,292
$729,200
$729,200
R.757
Park City
7,440
$744,000
$744,000
2016-R-05
Round Lake Beach
28,012
$2,801,200
$700,300
R16-03-14
Vernon Hills
25,911
$2,591,100
$2,591,000
2016-045
Waukegan
88,915
$8,891,500
$8,891,500
16-R-19
Total 2016 volume Cap Collected
$31,037,100
$28,936,100
Total Rollover In 2016
Rollover2014
$ 31,418,670
Rollover 2015
$ 17,040,925
Rollover 2016
$ 28,936,100
TOTAL ROLLOVER IN 2016
$ 77,395,695
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hments\2729.xlsx
Packet Pg. 29
8.D
Action Item : Award of Bid for Portable Restrooms
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
SUMMARY: Staff recommends an award of bid to Service Sanitation, Inc., the lowest responsive and
responsible bidder, in an amount not to exceed $15,164.00.
ATTACHMENTS:
• Memo - Restrooms 2017 (DOCX)
• BGDays Restroom 2017 BIDTAB (PDF)
Trustee Liaison
Trilling, Stein
Monday, January 23, 2017
Staff Contact
Brett Robinson, Finance
Updated: 1/19/2017 11:07 AM
Page 1
Packet Pg. 30
8.D.a
1,1 F
�13UFFALO GROVE
DATE: January 11, 2017
TO: Dane Bragg, Village Manager
FROM: Brett Robinson, Purchasing Manager
RE: Portable Restrooms
Background Information
Is
Due to the relocation of the Buffalo Grove Days site, staff felt the prior contract did not meet the needs of the
new site. As such, staff sought bids for portable restrooms services for Buffalo Grove Days. The new bid and
contract documents allow for a more flexible selection of restroom facilities and require higher service levels to
meet the changing needs of the new location.
Service Sanitation has provided restroom facilities for various events in the past and was at one time the
provider of services for the Buffalo Grove Days event.
Recommendation
Based on the review of the bids staff recommends the Village Board authorize staff to execute an agreement
for portable restroom services to the lowest responsive and responsible bidder, Service Sanitation, Inc., for a
cost not to exceed $15,164.00.
Staff will monitor the response and quality of service for the first year. Extension of the contract will be based
on the performance of the contractor during this period. Staff will provide the Village Board with an evaluation
of the contractor's performance and a recommendation at the end of this contract period for the optional
contract extensions.
Page 1 of 1
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8.D.b
Drop Zone
Item
A.
B.
Description
Cost per Day
Estimated
Quantity
Monday August 28, 2017
1
Basic Portable Restroom - Drop off and setup
2
Tuesday August 29, 2017
2
Basic Portable Restroom with Full Service once per day
2
Wednesday August 30, 2017
3
Basic Portable Restroom with Full Service once per day
2
4
(Option 1) Blue Star Restroom Trailer - Drop off and setup
1
5
(Option 2) ADA 3400 Restroom Trailer - Drop off and setup
1
Thursday August 31, 2017
6
Basic Portable Restroom - Drop off and setup
14
7
Deluxe Portable Restroom - Drop off and setup
5
8
Handicap Accessible Portable Restroom - Drop off and setup
4
9
Handwashing Stations - Drop off and setup
16
10
Baby Changing Unit - Drop off and setup
2
11
Basic Portable Restroom with Full Service once per day
2
12
(Option 1) Blue Star Restroom Trailer - No Service
1
13
(Option 2) ADA 3400 Restroom Trailer - No Service
1
Friday September 1, 2017
14
Basic Portable Restroom with Full Service once per day
16
15
Deluxe Portable Restroom w/sink with Full Service once per day
5
16
Handicap Accessible Portable Restroom with service once per day
4
17
Handwashing Stations with Full Service once per day
16
18
Baby Changing Unit with Full Service once per day
2
19
day
1
20
day
1
Saturday and Sunday September 2 & 3, 2017
21
Janitorial Service
16
22
and Janitorial Service
5
23
day and Janitorial Service
4
24
Service
16
25
Service
2
26
day and Janitorial Service
1
27
day and Janitorial Service
1
Monday September 4, 2017
28
Basic Portable Restroom with Full Service once per day
16
29
Deluxe Portable Restroom w/sink with Full Service once per day
5
30
Handicap Accessible Portable Restroom with service once per day
4
31
Handwashing Stations with Full Service once per day
16
32
Baby Changing Unit with Full Service once per day
2
33
day
1
34
day
1
F.
Subtotal
Total Event Cost
35 1 (Option 3) Basic Portable Restroom with service once per week 1
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Packet Pg. 33
8.D.b
7
Packet Pg. 34
8.D.b
Hovinq
Item
A.
B.
Description
Cost per Day
Estimated
Quantity
Monday August 28, 2017
1
Basic Portable Restroom - Drop off and setup
$ 65.00
2
Tuesday August 29, 2017
2
Basic Portable Restroom with Full Service once per day
$ 15.00
2
Wednesday August 30, 2017
3
Basic Portable Restroom with Full Service once per day
$ 15.00
2
4
(Option 1) Blue Star Restroom Trailer - Drop off and setup
$ 4,600.00
1
5
(Option 2) ADA 3400 Restroom Trailer - Drop off and setup
$ 6,200.00
1
Thursday August 31, 2017
6
Basic Portable Restroom - Drop off and setup
$ 65.00
14
7
Deluxe Portable Restroom - Drop off and setup
$ 75.00
5
8
Handicap Accessible Portable Restroom - Drop off and setup
$ 75.00
4
9
Handwashing Stations - Drop off and setup
$ 70.00
16
10
Baby Changing Unit - Drop off and setup
$ 70.00
2
11
Basic Portable Restroom with Full Service once per day
$ 15.00
2
12
(Option 1) Blue Star Restroom Trailer - No Service
$ 100.00
1
13
(Option 2) ADA 3400 Restroom Trailer - No Service
$ 150.00
1
Friday September 1, 2017
14
Basic Portable Restroom with Full Service once per day
$ 15.00
16
15
Deluxe Portable Restroom w/sink with Full Service once per day
$ 15.00
5
16
Handicap Accessible Portable Restroom with service once per day
$ 15.00
4
17
Handwashing Stations with Full Service once per day
$ 15.00
16
18
Baby Changing Unit with Full Service once per day
$ 15.00
2
19
day
$ 300.00
1
20
day
$ 300.00
1
Saturday and Sunday September 2 & 3, 2017
21
Janitorial Service
$ 43.00
16
22
and Janitorial Service
$ 43.00
5
23
day and Janitorial Service
$ 43.00
4
24
Service
$ 43.00
16
25
Service
$ 43.00
2
26
day and Janitorial Service
$ 300.00
1
27
day and Janitorial Service
$ 300.00
1
Monday September 4, 2017
28
Basic Portable Restroom with Full Service once per day
$ 15.00
16
29
Deluxe Portable Restroom w/sink with Full Service once per day
$ 15.00
5
30
Handicap Accessible Portable Restroom with service once per day
$ 15.00
4
31
Handwashing Stations with Full Service once per day
$ 15.00
16
32
Baby Changing Unit with Full Service once per day
$ 15.00
2
33
day
$ 300.00
1
34
day
$ 300.00
1
F.
Subtotal
Total Event Cost
35 1 (Option 3) Basic Portable Restroom with service once per week 1 $ 4.00 1
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8.D.b
C.
D.
Number of
Extended Cost AxBxC = D
Days
1
$
130.00
1
$
30.00
1
$
30.00
1
$
4,600.00
1
$
6,200.00
1
$
910.00
1
$
375.00
1
$
300.00
1
$
1,120.00
1
$
140.00
1
$
30.00
1
$
100.00
1
$
150.00
1
$
240.00
1
$
75.00
1
$
60.00
1
$
240.00
1
$
30.00
1
$
300.00
1
$
300.00
2
$
1,376.00
2
$
430.00
2
$
344.00
2
$
1,376.00
2
$
172.00
2
$
600.00
2
$
600.00
1
$
240.00
1
$
75.00
1
$
60.00
1
$
240.00
1
$
30.00
1
$
300.00
1
$
300.00
$
21,503.00
7 1 $ 28.00
$ 130.00
$ 30.00
$ 10,830.00
$ 3,125.00
$ 1,245.00
$ 4,898.00
$ 1,245.00
Packet Pg. 36
8.D.b
Service Sanitation
Item
A.
B.
Description
Cost per Day
Estimated
Quantity
Monday August 28, 2017
1
Basic Portable Restroom - Drop off and setup
$ 50.00
2
Tuesday August 29, 2017
2
Basic Portable Restroom with Full Service once per day
$ 10.00
2
Wednesday August 30, 2017
3
Basic Portable Restroom with Full Service once per day
$ 10.00
2
4
(Option 1) Blue Star Restroom Trailer - Drop off and setup
$ 3,519.00
1
5
(Option 2) ADA 3400 Restroom Trailer - Drop off and setup
$ 3,965.00
1
Thursday August 31, 2017
6
Basic Portable Restroom - Drop off and setup
$ 50.00
14
7
Deluxe Portable Restroom - Drop off and setup
$ 100.00
5
8
Handicap Accessible Portable Restroom - Drop off and setup
$ 100.00
4
9
Handwashing Stations - Drop off and setup
$ 50.00
16
10
Baby Changing Unit - Drop off and setup
$ 100.00
2
11
Basic Portable Restroom with Full Service once per day
$ 10.00
2
12
(Option 1) Blue Star Restroom Trailer - No Service
$ -
1
13
(Option 2) ADA 3400 Restroom Trailer - No Service
$ -
1
Friday September 1, 2017
14
Basic Portable Restroom with Full Service once per day
$ 10.00
16
15
Deluxe Portable Restroom w/sink with Full Service once per day
$ 10.00
5
16
Handicap Accessible Portable Restroom with service once per day
$ 10.00
4
17
Handwashing Stations with Full Service once per day
$ 10.00
16
18
Baby Changing Unit with Full Service once per day
$ 10.00
2
19
day
$ 195.00
1
20
day
$ 195.00
1
Saturday and Sunday September 2 & 3, 2017
21
Janitorial Service
$ 20.00
16
22
and Janitorial Service
$ 20.00
5
23
day and Janitorial Service
$ 20.00
4
24
Service
$ 20.00
16
25
Service
$ 20.00
2
26
day and Janitorial Service
$ 390.00
1
27
day and Janitorial Service
$ 390.00
1
Monday September 4, 2017
28
Basic Portable Restroom with Full Service once per day
$ 10.00
16
29
Deluxe Portable Restroom w/sink with Full Service once per day
$ 10.00
5
30
Handicap Accessible Portable Restroom with service once per day
$ 10.00
4
31
Handwashing Stations with Full Service once per day
$ 10.00
16
32
Baby Changing Unit with Full Service once per day
$ 10.00
2
33
day
$ 195.00
1
34
day
$ 195.00
1
F.
Subtotal
Total Event Cost
35 1 (Option 3) Basic Portable Restroom with service once per week 1 $ 7.15 1
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Packet Pg. 37
8.D.b
C.
D.
Number of
Extended Cost AxBxC = D
Days
1
$
100.00
1
$
20.00
1
$
20.00
1
$
3,519.00
1
$
3,965.00
1
$
700.00
1
$
500.00
1
$
400.00
1
$
800.00
1
$
200.00
1
$
20.00
1
$
-
1
$
-
1
$
160.00
1
$
50.00
1
$
40.00
1
$
160.00
1
$
20.00
1
$
195.00
1
$
195.00
2
$
640.00
2
$
200.00
2
$
160.00
2
$
640.00
2
$
80.00
2
$
780.00
2
$
780.00
1
$
160.00
1
$
50.00
1
$
40.00
1
$
160.00
1
$
20.00
1
$
195.00
1
$
195.00
$
15,164.00
7 1 $ 50.05
100
20
7504
2620
820
3280
820
Packet Pg. 38
8.D.b
Waste Manaqement
Item
A.
B.
Description
Cost per Day
Estimated
Quantity
Monday August 28, 2017
1
Basic Portable Restroom - Drop off and setup
$ 65.00
2
Tuesday August 29, 2017
2
Basic Portable Restroom with Full Service once per day
$ 10.00
2
Wednesday August 30, 2017
3
Basic Portable Restroom with Full Service once per day
$ 10.00
2
4
(Option 1) Blue Star Restroom Trailer - Drop off and setup
$ 3,000.00
1
5
(Option 2) ADA 3400 Restroom Trailer - Drop off and setup
$ 3,800.00
1
Thursday August 31, 2017
6
Basic Portable Restroom - Drop off and setup
$ 65.00
14
7
Deluxe Portable Restroom - Drop off and setup
$ 125.00
5
8
Handicap Accessible Portable Restroom - Drop off and setup
$ 125.00
4
9
Handwashing Stations - Drop off and setup
$ 65.00
16
10
Baby Changing Unit - Drop off and setup
$ -
2
11
Basic Portable Restroom with Full Service once per day
$ 10.00
2
12
(Option 1) Blue Star Restroom Trailer - No Service
$ -
1
13
(Option 2) ADA 3400 Restroom Trailer - No Service
$ -
1
Friday September 1, 2017
14
Basic Portable Restroom with Full Service once per day
$ 10.00
16
15
Deluxe Portable Restroom w/sink with Full Service once per day
$ 10.00
5
16
Handicap Accessible Portable Restroom with service once per day
$ 10.00
4
17
Handwashing Stations with Full Service once per day
$ 10.00
16
18
Baby Changing Unit with Full Service once per day
$ -
2
19
day
$ 300.00
1
20
day
$ 300.00
1
Saturday and Sunday September 2 & 3, 2017
21
Janitorial Service
$ 67.06
16
22
and Janitorial Service
$ 20.00
5
23
day and Janitorial Service
$ 20.00
4
24
Service
$ 20.00
16
25
Service
$ -
2
26
day and Janitorial Service
$ 1,753.00
1
27
day and Janitorial Service
$ 1,753.00
1
Monday September 4, 2017
28
Basic Portable Restroom with Full Service once per day
$ 38.13
16
29
Deluxe Portable Restroom w/sink with Full Service once per day
$ 38.13
5
30
Handicap Accessible Portable Restroom with service once per day
$ 38.13
4
31
Handwashing Stations with Full Service once per day
$ 38.13
16
32
Baby Changing Unit with Full Service once per day
$ -
2
33
day
$ 950.00
1
34
day
$ 950.00
1
F.
Subtotal
Total Event Cost
35 1 (Option 3) Basic Portable Restroom with service once per week 1 $ 50.00 1
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Packet Pg. 39
8.D.b
C.
D.
Number of
Extended Cost AxBxC = D
Days
1
$
130.00
1
$
20.00
1
$
20.00
1
$
3,000.00
1
$
3,800.00
1
$
910.00
1
$
625.00
1
$
500.00
1
$
1,040.00
1
$
-
1
$
20.00
1
$
-
1
$
-
1
$
160.00
1
$
50.00
1
$
40.00
1
$
160.00
1
$
-
1
$
300.00
1
$
300.00
2
$
2,146.00
2
$
200.00
2
$
160.00
2
$
640.00
2
$
-
2
$
3,506.00
2
$
3,506.00
1
$
610.08
1
$
190.65
1
$
152.52
1
$
610.08
1
$
-
1
$
950.00
1
$
950.00
$
24,696.33
7 1 $ 350.00
130
20
6820
3095
1010
10158
3463.33
Packet Pg. 40
8.E
Action Item : Approve Plat of Easement
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
SUMMARY: Staff recommends approval of the Plat of Easement. The developer of Easton Station
installed water main on Village property at Fire Station 27 as part of the Development Improvement
Agreement. This is the easement for the completed main.
ATTACHMENTS:
• Fire station 27 easement 16-1227 (PDF)
Trustee Liaison Staff Contact
Trilling Darren Monico, Public Works
Monday, January 23, 2017
Updated: 1/19/2017 11:09 AM Page 1
Packet Pg. 41
(Fuawasa3 p Pqa anoiaq : ggUT) 1 IR,. Fuewasaa Ui uol'N..!, :,uawy.a..
PLAT OF EASEMENT
Lot 7
Lot 6 Lot 1 Lot 2
fJ
rn i
t A t
o
.7zj6� Lot 7
o N
ouTloT 15-A Lor oc.
A � y o Lot � Eoston Court
WOODLANDS AT FIORE 6 Lot 9
IS SD'
UNIT 15 SUBDIVISION
FLOt10 Lot A Lot 3
OF COMMENCEMENT
ie
,--POINT
I UTAT 1 LT)RNIR3
I
v
i
,µ
Lot G '
LITf
WOODLAND COMMONS
s WOODLAND) COMMONS
&I
G
SHOF'P/NG CENTER �d PPING CENTER
SHO
v
AND a AND
{�
COMMERCE CENTERCOMMERCE CENTER"I
a
U
III
mlo
P,0
-
GRAPHIC SCALE
w
h010
w
FgST )
A..]
Half Day Road
llNINIOF`LLINLIC 11Unols Route 22
COUNT Rif TARE) VILLAGE COLLECTOR'S CERTIFICATE
THIS li O CERTFY TE T THE vLAGE OF BUFFALO GROVE C THE OWNER C THE PROPERTY HER NT UIL IFY THAT I FIND NO IIEFFRRFI AIIMFNT OF CUT_�IA l PAD �EPECIAI.
GE"CRI n � (IN
6'P ON THE ILLAI OF EASEMENT DNA "AT GAIDIE FIRE SAME rI BE T.RVEYED AS A'�i5—MLM'?i DGE ACANDf THE FROFE Y OL C4l'ID'EO N TEE PLIT EIREON [SAWN. BLIFFA I..D
INDICATED IHLNEON. FOR HE :;E`; AND OF OSLS IHER(EN ,ET FORTH, AN DOES HEREBY BROVE, COOK AND LAKE (AUNTIES", ILLTC E DATED TH DAY OF_ _ - -
ACKNO\NLEI GL AND AD01'+ III SAME UNDLh HE STYLE AND IIRE HEREON INDICATED _ A.D. IT -
THE UNDLkGNNLD FLELITY GHANK, THE LAALMIND, SHOWN AND DESCRIBED ON THIS PLAT.
DATED THIN ..DAY OF AD. 20 VILLAGE COLLF,CAN
......... ......... .. ."
VIII,AC lL. UENI
RE
LTLINAN VILAIGE ENGINEER'S CERBFCAFE
AP
Y IHE VILLAGE ENGINEER OF THE VILIAGE OF BUC'IR'ALO GROVE, COOK AND LACE
CA JNRIP5 KILINGIN, PATTI l lv oar OF A.D. zD
CORPORATE AUTHORITY'S CERFIFCATE
APPROVE D C PTTD IREGIDENf AND BOARD OF IRUEIEES Of FILL VILLAGE OF
/jUFFALO F:, COOK A ': COUN'II INOS A'( A ML EI'ING HELD TIC DAY OF
AD IF
VIIIHAOF PF'FCIDF.NTPE
yE k i
a
GENERAL VILLAGE EASEMENT PROVISIONS
FOII IPL III OCISIN L LIDINI, EUf NO( LIMITED TO, WOIER N IIIVLY LONG
PIT lid I 101<M .,EWER AND DRAINAGE, AND STRLEI' FLIPPING, IS HEREBY
RF..,LRVF:O FVR ANp GRANTED YO
VILLAGE OF BUFFALO GROVE
fl ,F 0 ', , TO IN 'CRATE, M (TENT
-III C NUSIU POSI :. D,v o, NI MTFD T Li ;I POLY
AIMI
ND D NUIION. SEWC (F :. SE F.' AND ORNN F ANO FaIIT L:F
UNDER n ALONG F L ON ITIlF JRFFlCE OF Tl T 0 ERTY $IRIC TL'
DOTFUF F SON THU FIAT AND MARKED UJLC IJFII.R L DRAINAf
AL50 ( NTED HEREWI E . T C ('.i M 0 FM()VE iRFFS PITA- ANp
ROOT`, A', MAY BE REA ( B Y REOUIRFF NCIDENT TO F NURU N LIVER AND
THE R C TL TO ENTER THE SI)BDIV l F.D SPLPTY I I RIDING
P )RPQL-
OUOTRIG IT UPON
PLACED CLE MITT UT lTII OR IN, l I'll OVER
TFIE P O F F FA`BMENTS IGI THE PR) N IRA F
GRANTFF F EF Ili( LdATION IF AN C1H FAMPITE F GRADE OF I, JDDNIDED
LED PERT, TALL NIT FBF ATERED IN NFR SO A., NTFRFURU W f ROPER
OPERATION AND MAINFENANCE THEFEOFF
ME. ioyi. v.
MAIL. TO AFTER REC.'ORO/NG: Ar"oucc�.epo• otlp, , •epos gee .�,Y F ,^tlo, ova
VILLAGE OF BUFFALO GROVE" R.Ea A !L NAND ows
50 RAURP BOULEVARD
BUFFALO GROVE, IL 60089
8.F
Action Item : Change Order Road Program Contract with
Chicagoland Paving, Inc.
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
SUMMARY: The Road Program contract with Chicagoland Paving Contractors, Inc. was under contract
by $250,670.80. for the project completed in 2016.
ATTACHMENTS:
• 4798.007 Quantity Book Pay Estimate #7 and Final 2016-12-15(PDF)
• Change Order Memo (DOCX)
Trustee Liaison
Trilling
Monday, January 23, 2017
Staff Contact
Darren Monico, Public Works
Updated: 1/19/2017 11:11 AM
Page 1
Packet Pg. 43
PAY REQUEST SUMMARY
y
Project Name: 2016 Street Improvement Project - Phase 2
Project Location: Covington Manor & Plum Grove Circle
Client: Village of Buffalo Grove
GHA Project No.: 4798.007
Project Manager: Leo Morand, P.E.
General Contractor: Chicagoland Paving Contractors, Inc.
625 Forest Edge Drive, Vernon Hills, 11, 60061
TF,L 847A78.9700 0 FAx 847.478.9701.
www.gha-engineers.com
Prepared Date: December 15, 2016
Pay Item Description
Quantity
Contract/Bid Quantities
Un Un Price Value
Engineer's Quantities
Quantity Value
1
TREE REMOVAL (6 TO 15 UNITS DIAMETER)
105.00
UN
$17.50
$1,837.50
0.00
$0.00
2
TREE REMOVAL (OVER 15 UNITS DIAMETER)
10S.00
UN
$29.00
$3,04S.00
0.00
$0.00
3
TREE TRUNK PROTECTION
51.00
EA
$100.00
$5,100.00
41.00
$4,100.00
4
TREE ROOT PRUNING
4,095.00
FT
$2.50
$10,237.50
2,070.00
$5,175.00
5
PERIMETER EROSION BARRIER
1,050.00
FT
$3.00
$3,150.00
903.00
$2,709.00
6
INLET FILTERS
76.00
EA
$65.00
$4,940.00
78.00
$5,070.00
7
SAW CUTS
11,923.00
FT
$1.45
$17,288.35
11,455.00
$16,609.75
8
GENERAL LANDSCAPE RESTORATION (SPECIAL)
14,031.00
SY
$6.00
$84,186.00
5,570.70
$33,424.20
9
SUPPLEMENTAL WATERING
635.00
UN
$0.01
$6.35
0.00
$0.00
10
EARTH EXCAVATION
4,952.00
CY
$23.00
$113,896.00
4,952.00
$113,896.00
11
REM AND DISP OF UNSUITABLE MATERIAL
4,588.00
CY
$22.00
$100,936.00
4,205.20
$92,514.40
12
AGGREGATE SUBGRADE IMPROVEMENT
682.00
CY
$29.00
$19,778.00
1,115.20
$32,340.80
13
GEO FABRIC FOR GROUND STABILIZATION
19,765.00
SY
$1.05
$20,753.25
15,086.60
$15,840.93
14
TRENCH BACKFILL, FA-1 (SPECIAL)
449.00
CY
$35.00
$15,715.00
298.00
$10,430.00
15
TRENCH BACKFILL, COURSE AGG, CA-11 (SPECIAL)
170.00
CY
$2.00
$340.00
66.90
$133.80
16
AGGREGATE BASE COURSE, TYPE B (SPECIAL)
8,510.00
TN
$20.00
$170,200.00
8,165.79
$163,315.80
17
AGGREGATE BASE COURSE, CA-11, 4" (SPECIAL)
3,510.00
SY
$6.25
$21,937.50
3,183.00
$19,893.75
18
PREPARATION OF BASE
2,513.20
SY
$1.50
$3,769.80
3,375.10
$5,062.65
19
PAVEMENT REMOVAL
19,707.00
SY
$7.00
$137,949.00
18,488.00
$129,416.00
20
HMA SURFACE REMOVAL, 2.5"
642.00
SY
$3.00
$1,926.00
571.00
$1,713.00
21
DRIVEWAY PAVEMENT REMOVAL, HMA
66.00
SY
$10.00
$660.00
12.20
$122.00
22
DRIVEWAY PAVEMENT REMOVAL, PCC
3,181.00
SY
$7.50
$23,857.50
1,882.00
$14,115.00
23
COMBINATION CURB AND GUTTER REMOVAL
11,923.00
FT
$3.00
$35,769.00
11,455.00
$34,365.00
24
SIDEWALK REMOVAL
3,866.00
SF
$1.00
$3,866.00
3,494.00
$3,494.00
25
CLASS D PATCHES, TYPE I, 4 INCH
17.00
SY
$45.00
$765.00
0.00
$0.00
26
CLASS D PATCHES, TYPE II, 4 INCH
17.00
SY
$45.00
$765.00
0.00
$0.00
27
CLASS D PATCHES, TYPE III, 4 INCH
33.00
SY
$39.00
$1,287.00
0.00
$0.00
28
CLASS D PATCHES, TYPE IV, 4 INCH
66.00
SY
$29.00
$1,914.00
0.00
$0.00
29
HOT -MIX ASPHALT DRIVEWAY PAVEMENT, 3"
66.00
SY
$20.00
$1,320.00
12.20
$244.00
30
BITUMINOUS MATERIALS (TACK COAT)
9,742.00
LB
$0.01
$97.42
0.00
$0.00
31
HOT -MIX ASPHALT LEVEL BINDER (SPECIAL)
182.00
TN
$80.00
$14,560.00
29.76
$2,380.80
32
HOT -MIX ASPHALT BINDER COURSE (SPECIAL)
2,512.00
TN
$69.00
$173,328.00
2,604.04
$179,678.76
33
HOT -MIX ASPHALT SURFACE COURSE (SPECIAL)
2,252.00
TN
$79.00
$177,908.00
2,070.62
$163,578.98
34
REM & REPL COMB CONC CURB & GUTTER (SPECIAL)
530.00
FT
$21.50
$11,395.00
32.00
$688.00
35
COMB CONIC CURB & GUTTER, TY B-4.12 (SPECIAL)
12,096.00
FT
$16.50
$199,584.00
11,211.00
$184,981.50
36
COMB CONIC CURB & GUTTER, TY B-6.12 (SPECIAL)
263.00
FT
$16.50
$4,339.50
244.00
$4,026.00
37
PORTLAND CEMENT CONCRETE DRIVEWAY PVMT, 6"
3,181.00
SY
$44.50
$141,554.50
1,988.00
$88,466.00
38
PORTLAND CEMENT CONCRETE SIDEWALK, 5"
3,191.00
SF
$5.00
$15,955.00
3,595.00
$17,975.00
39
DETECTABLE WARNINGS (SPECIAL)
347.00
SF
$46.50
$16,135.50
288.00
$13,392.00
40
STORM SEWER REMOVAL, 8"
37.00
FT
$5.25
$194.25
33.00
$173.25
41
STORM SEWER REMOVAL, 10"
84.00
FT
$5.25
$441.00
96.00
$504.00
42
STORM SEWER REMOVAL, 12"
137.00
FT
$5.25
$719.25
121.00
$635.25
43
REMOVING CATCH BASINS
3.00
EA
$235.00
$705.00
3.00
$705.00
44
REMOVING MANHOLES
4.00
EA
$235.00
$940.00
1.00
$235.00
45
REMOVING INLETS
3.00
EA
$126.00
$378.00
3.00
$378.00
46
FRAMES AND LIDS/GRATES TO BE ADJUSTED
29.00
EA
$315.00
$9,135.00
39.00
$12,285.00
47
DRAINAGE STRUCTURE TO BE RECONSTRUCTED
2.00
EA
$1,050.00
$2,100.00
2.00
$2,100.00
4798.007 Quantity Book.xlsx 12/ Packet Pg. 44
PAY REQUEST SUMMARY
y
Project Name: 2016 Street Improvement Project - Phase 2
Project Location: Covington Manor & Plum Grove Circle
Client: Village of Buffalo Grove
GHA Project No.: 4798.007
Project Manager: Leo Morand, P.E.
General Contractor: Chicagoland Paving Contractors, Inc.
Prepared Date: December 15, 2016
625 Forest Edge Drive, Vernon Hills, 11, 60061
TF,L 847A78.9700 0 FAx 847.478.9701.
www.gha-engineers.coimt.
Pay Item
Description
Quantity
Contract/Bid Quantities
Un Un Price Value
Engineer's Quantities
Quantity Value
48
F&P NEENAH R-3170 FRAME & GRATE
26.00
EA
$370.00
$9,620.00
22.00
$8,140.00
49
F&P NEENAH R-3205 FRAME & GRATE
4.00
EA
$370.00
$1,480.00
9.00
$3,330.00
50
F&P "CRETEX" EXTERNAL CHIMNEY SEAL
11.00
EA
$475.00
$5,225.00
4.00
$1,900.00
51
PIPE UNDERDRAINS, 4" (SPECIAL)
3,780.00
FT
$20.00
$75,600.00
3,594.00
$71,880.00
52
STORM SEWERS, PVC SDR26 ASTM D2241, 10"
111.00
FT
$61.00
$6,771.00
99.00
$6,039.00
53
STORM SEWERS, RUBBER GASKET, RCP CL IV, 12"
118.00
FT
$61.00
$7,198.00
163.00
$9,943.00
54
INLETS, TYPE A, TY R-3170 FRAME & GRATE
3.00
EA
$1,630.00
$4,890.00
3.00
$4,890.00
55
INLETS, TYPE A, TY R-3205 FRAME & GRATE
1.00
EA
$1,630.00
$1,630.00
1.00
$1,630.00
56
CATCH BASINS, TY C, 2'-DIA, TY R-3170 FIR & GRATE
2.00
EA
$1,680.00
$3,360.00
2.00
$3,360.00
57
MANHOLES, TY A, 4'-DIA, TY 1 FRAME & GRATE
1.00
EA
$2,900.00
$2,900.00
1.00
$2,900.00
58
MANHOLES, TY A, 7'-DIA, (2) TY 1 FIR & (STORM) LID
1.00
EA
$8,300.00
$8,300.00
0.00
$0.00
59
CONNECT NEW STM SWR TO EX STM SWR (SPECIAL)
4.00
EA
$160.00
$640.00
6.00
$960.00
60
CONNECT EX STM SWR TO NEW STM SWR (SPECIAL)
7.00
EA
$160.00
$1,120.00
3.00
$480.00
61
WATER SERVICE, B-BOX FRAME & LID (SPECIAL)
11.00
EA
$270.00
$2,970.00
2.00
$540.00
62
DETECTOR LOOP REPLACEMENT (SPECIAL)
360.00
FT
$21.25
$7,650.00
389.00
$8,266.25
63
MAINTENANCE OF EXIST TRAFFIC SIGNAL INSTALL
1.00
EA
$3,850.00
$3,850.00
0.00
$0.00
64
THERMO PAVEMENT MARKINGS - LETTERS & SYMB
40.00
SF
$14.25
$570.00
36.40
$518.70
65
THERMO PAVEMENT MARKINGS - LINE, 4"
495.00
FT
$2.40
$1,188.00
478.00
$1,147.20
66
THERMO PAVEMENT MARKINGS - LINE, 6"
165.00
FT
$3.60
$594.00
265.00
$954.00
67
THERMO PAVEMENT MARKINGS - LINE, 12"
60.00
FT
$7.25
$435.00
55.00
$398.75
68
THERMO PAVEMENT MARKINGS - LINE, 24"
33.00
FT
$14.25
$470.25
47.00
$669.75
69
TEMPORARY ACCESS, RESIDENTIAL (SPECIAL)
82.00
EA
$100.00
$8,200.00
75.00
$7,500.00
70
TEMPORARY ACCESS, ROADWAY (SPECIAL)
10.00
EA
$150.00
$1,500.00
8.00
$1,200.00
71
SIGN PANEL, TYPE 1
48.00
SF
$30.00
$1,440.00
33.00
$990.00
72
TELESCOPING STEEL SIGN SUPPORT
36.00
FT
$17.00
$612.00
51.00
$867.00
73
TEMPORARY COLD MIX ASPHALT (SPECIAL)
24.00
TON
$150.00
$3,600.00
0.00
$0.00
74
TEMPORARY INFORMATION SIGNING (SPECIAL)
240.00
SF
$30.00
$7,200.00
236.00
$7,080.00
75
TRAFFIC CONTROL AND PROTECTION (SPECIAL)
1.00
LS
$23,200.00
$23,200.00
1.00
$23,200.00
76
MOBILIZATION
1.00
LS
$30,000.00
$30,000.00
1.00
$30,000.00
77
UNDERGROUND CONDUIT, GLV STEEL 1" DIA
25.00
FT
$43.25
$1,081.25
48.00
$2,076.00
78
CONTINGENCY (1%)
1.00
LS
$17,999.59
$17,999.59
0.00
$0.00
Sub -total:
$1,817,958.26
$1,577,027.27
Authorizations
Auth 1
MONETARY PENALTIES
0.00
DL
($1.00)
$0.00
24,400.00
($24,400.00)
Auth 2
MANHOLES, TY A, 4'-DIA, TY R-3170 FIR & GRATE
0.00
EA
$3,500.00
$0.00
1.00
$3,500.00
Auth 3
F&P TY 1 FRAME & LID
0.00
EA
$350.00
$0.00
2.00
$700.00
Auth 4
SEWER REPAIRS ON BEECHWOOD CT W
0.00
DL
$1.00
$0.00
10,460.19
$10,460.19
Sub -total:
$0.00
($9,739.81)
Total:
$1,817,958.26
$1,567,287.46
Base
Bid Amount:
$1,817,958.26
Change
Order Amount:
$0.00
Total Contract Amount:
$1,817,958.26
4798.007 Quantity Book.xlsx 12/ Packet Pg. 45
PAY REQUEST SUMMARY
Project Name: 2016 Street Improvement Project - Phase 2
Project Location: Covington Manor & Plum Grove Circle
Client: Village of Buffalo Grove
GHA Project No.: 4798.007
Project Manager: Leo Morand, P.E.
General Contractor: Chicagoland Paving Contractors, Inc.
Prepared Date: December 15, 2016
Pay Item Description
GEWALT HAMILQ.F.a
ASSOCIATES, INC.
CONSULTING ENGINEERS
625 Forest Edge Drive, Vernon Hills, 11, 60061
TF,L 847A78.9700 0 FAx 847.478.9701
www.gha-engineers.com
C-4
Contract/Bid Quantities Engineer's Quantities
0
Quantity Un Un Price Value Quantity Value 0.
cC
0
Contract Work Completed to Date:
$1,577,027.27
Additional Work Completed to Date:
($9,739.81)
Value of Completed Work to Date
$1,567,287.46
0
Less Retainage (0%)
$0.00
0
Value of Amount Earned to Date
$1,567,287.46
Value of Pay Estimate #1
$154,014.46
Value of Pay Estimate #2
$133,931.15
Value of Pay Estimate #3
$156,48&56
Value of Pay Estimate #4
$256,882.61
Value of Pay Estimate #5
$386,500.09
Value of Pay Estimate #6
$290,016.03
LO
Ti
Value of Pay Estimate #7 and Final
$0.00
04
Amount to be Paid
$189,454.56
to
T-
CD
C14
Percent Complete:
86.2%
M
4798.007 Quantity Book.xlsx 12/1 Packet Pg. 46 1
8.F.b
1,1 F
�13UFFALO GROVE
-T-
DATE: January 17, 2017
TO: President Beverly Sussman and Trustees
FROM: Dane Bragg, Village Manager
SUBJECT: Road Program Contract Reduction Change Order Chicagoland Paving, Inc.
I, Dane Bragg, Village Manager of the Village of Buffalo Grove, pursuant to being authorized as a designee
by the Village Board of the Village of Buffalo Grove and after reviewing the facts presented to me by staff,
as detailed in the attached contract pay item spreadsheet, do hereby determine that the change due to
reduced contract quantities is in the best interests of the Village of Buffalo Grove.
Page 1 of 1
Packet Pg. 47
8.G
Action Item : Change Order Road Program Contract with Arrow
Road Construction
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff Recommends approval of the Arrow Road Construction contract reduction
SUMMARY: The Road Program contract with Arrow Road Construction was under contract by
$598,144.14 for the project completed in 2016.
ATTACHMENTS:
• 4798.008 Quantity Book Pay Estimate #7 and Final (PDF)
• Change Order Memo (DOCX)
Trustee Liaison
Trilling
Monday, January 23, 2017
Staff Contact
Darren Monico, Public Works
Updated: 1/19/2017 11:13 AM
Page 1
Packet Pg. 48
PAY REQUEST SUMMARY ri GEWALT HAMI 8•G.a
Anj
ASSOCIATES, INC.
Project Name: 2016 Road Maintenance Program - PH 3
Project Location: Various Locations CONS U LT ING E N G I N E E R S
Client: Village of Buffalo Grove
625 Forest Edge Drive, Vernon Hills, LI, 60061
GHA Project No.: 4798.008 TFi, 847.478.9700 0 FAX 847.478.9701.
Project Manager: Leo Morand, P.E.
www.gha-enginee rs.cain.
General Contractor: Arrow Road Construction
Prepared Date: December 7, 2016 M
Contract/Bid Quantities Engineer's Quantities
Pay Item Description Quantity Un Un Price Value Quantity Value E
M
1 Removal and Disposal of Unsuitable Material 504.00 CY $32.50 $16,380.00 2,063.80 $67,073.50 d
2 Supplemental Watering 533.00 UN $0.10 $53.30 0.00 $0.00 _0
3 Aggregate Subgrade Improvement 504.00 CY $32.45 $16,354.80 2,063.80 $66,970.31
O
4 Aggregate Base Course, Type B 16,254.00 TN $27.85 $452,673.90 0.00 $0.00
L
5 Preparation of Base 88,989.00 SY $0.25 $22,247.25 108,436.80 $27,109.20
6 Bituminous Materials (Tack Coat) 64,842.00 LB $0.75 $48,631.50 41,695.00 $31,271.25 L
0
7 Leveling Binder (Machine Method) 4,069.00 TN $60.60 $246,581.40 1,330.76 $80,644.06 O
8 Hot -Mix Asphalt Binder Course 13,143.00 TN $55.60 $730,750.80 15,289.02 $850,069.51
C
9 Hot -Mix Asphalt Surface Course 17,024.00 TN $58.50 $995,904.00 15,108.49 $883,846.67 M
t
10 Portland Cement Concrete Driveway Pavement, 6" 525.00 SY $48.00 $25,200.00 0.00 $0.00 V
11 Portland Cement Concrete Sidewalk 5" 31,500.00 SF $4.50 $141,750.00 17,530.00 $78,885.00
12 Detectable Warnings 3,885.00 SF $22.00 $85,470.00 1,658.00 $36,476.00 000
13 Pavement Removal 88,989.00 SY $3.95 $351,506.55 108,436.80 $428,325.36
14 Hot -Mix Asphalt Surface Removal, 2 3/4" 55,046.00 SY $1.55 $85,321.30 24,912.60 $38,614.53 M
15 Driveway Pavement Removal 630.00 SY $12.00 $7,560.00 71.00 $852.00 S
LL
16 Sidewalk Removal 31,500.00 SF $1.50 $47,250.00 23,437.00 $35,155.50
17 Class D Patches, Type I, 6" 588.00 SY $21.00 $12,348.00 21.10 $443.10 M
18 Class D Patches, Type II, 6" 588.00 SY $21.00 $12,348.00 158.20 $3,322.20
19 Class D Patches, Type III, 6" 1,742.00 SY $21.00 $36,582.00 256.70 $5,390.70 4)
20 Class D Patches, Type IV, 6" 2,891.00 SY $21.00 $60,711.00 2,333.30 $48,999.30
E
21 Mobilization 1.00 LS $164,000.00 $164,000.00 1.00 $164,000.00
22 Thermoplastic Pavement Marking - Letters & Symbols 0.00 SF $4.00 $0.00 0.00 $0.00 W
23 Thermoplastic Pavement Marking - Line 4" 0.00 FT $0.80 $0.00 0.00 $0.00
c0
24 Thermoplastic Pavement Marking - Line 5" 0.00 FT $1.00 $0.00 0.00 $0.00 0.
25 Thermoplastic Pavement Marking - Line 6" 0.00 FT $1.20 $0.00 0.00 $0.00 p
26 Thermoplastic Pavement Marking - Line 12" 0.00 FT $2.40 $0.00 0.00 $0.00 m
27 Thermoplastic Pavement Marking - Line 24" 0.00 FT $6.00 $0.00 0.00 $0.00
28 Drainage & Utility Structures To Be Adjusted 275.00 EA $320.00 $88,000.00 146.00 $46,720.00
29 Drainage & Utility Structures To Be Reconstructed 11.00 EA $1,000.00 $11,000.00 3.00 $3,000.00 M
30 F&P "CRETEV External Chimney Seal 28.00 EA $400.00 $11,200.00 6.00 $2,400.00 Q
31 Traffic Control and Protection 1.00 LS $41,444.00 $41,444.00 1.00 $41,444.00 00
O
32 Hot -Mix Asphalt Driveway Pavement, 3" 550.00 SY $56.50 $31,075.00 71.00 $4,011.50
00
33 Temporary Information Signing 1,100.00 SF $3.00 $3,300.00 1,028.00 $3,084.00 O
34 Comb Concrete Curb & Gutter R&R w/PCC Fill 10,476.00 FT $23.00 $240,948.00 5,707.00 $131,261.00
35 Comb Concrete Curb & Gutter R&R w-out/PCC Fill 15,554.00 FT $21.00 $326,634.00 11,254.00 $236,334.00
0D
36 General Landscape Restoration 11,592.00 SY $9.50 $110,124.00 4,589.00 $43,595.50 E
37 Contingency (1%) 1.00 LS $44,233.49 $44,233.49 0.00 $0.00 s
Sub -total: $4,467,582.29 $3,359,298.19
Authorizations
Auth 1
Tie Bars
0.00
EA
$3.50
$0.00
444.00
$1,554.00
Auth 2
Aggregate Base Course, Type B
0.00
TN
$41.00
$0.00
10,763.29
$441,294.89
Auth 3
Devonshire Subdivisoin Drainage Improvements
0.00
DL
$1.00
$0.00
39,918.67
$39,918.67
Auth 4
Monetary Penalties
0.00
DL
($1.00)
$0.00
0.00
$0.00
Auth 5
1155 Dayton Rd Drainage Improvements
0.00
DL
$1.00
$0.00
6,011.40
$6,011.40
Auth 6
Detectable Warning Panels
0.00
LS
$21,361.00
$0.00
1.00
$21,361.00
4798.008 Quantity Book.xlsx
12 Packet Pg. 49
PAY REQUEST SUMMARY
Project Name: 2016 Road Maintenance Program - PH 3
Project Location: Various Locations
Client: Village of Buffalo Grove
GHA Project No.: 4798.008
Project Manager: Leo Morand, P.E.
General Contractor: Arrow Road Construction
Prepared Date: December 7, 2016
Pay Item Description
ri AR GEW ALT HAM' I
ASSOCIATES, INC.
C ON S U LT I N G E N G IN E E R S
625 Forest Edge Drive, Vernon Hills, 11, 60061
TF,i, 847.478.9700 0 FAX 847.478.9701.
www.gha-engineers.corn
Contract/Bid Quantities Engineer's Quantities
Quantity Un Un Price Value Quantity Value E
M
5)
0
L.
CL
Sub -total: $0.00
$510,139.96
0
Total: $4,467,582.29
$3,869,438.15
Base Bid Amount:
$4,467,582.29
0
Change Order Amount:
$0.00
Total Contract Amount:
$4,467,582.29
cC
Contract Work Completed to Date:
$3,359,298.19
Additional Work Completed to Date:
$510,139.96
Value of Completed Work to Date
$3,869,438.15
00
Less Retainage (0%)
$0.00
Z�
Value of Amount Earned to Date
$3,869,438.15
'70
Value of Pay Estimate #1
$139,018.95
S
LL
Value of Pay Estimate #2
$120,085.20
Value of Pay Estimate #3
$511,138.67
Value of Pay Estimate #4
$1,001,227.34
Value of Pay Estimate #5
$985,558.86
4)
Value of Pay Estimate 46
$852,741.64
E
Amount to be Paid
$259,667.49
Percent Complete: 86.6%
4798.008 Quantity Book.xlsx 12] Packet Pg. 50 1
8.G.b
1,1 F
�13UFFALO GROVE
-T-
DATE: January 17, 2017
TO: President Beverly Sussman and Trustees
FROM: Dane Bragg, Village Manager
SUBJECT: Road Program Contract Reduction Change Order Arrow Road Construction
I, Dane Bragg, Village Manager of the Village of Buffalo Grove, pursuant to being authorized as a designee
by the Village Board of the Village of Buffalo Grove and after reviewing the facts presented to me by staff,
as detailed in the attached contract pay item spreadsheet, do hereby determine that the change due to
reduced contract quantities is in the best interests of the Village of Buffalo Grove.
0
00
Page 1 of 1
Packet Pg. 51
8.H
Action Item : Award of Bid Facility Services
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
SUMMARY: Based on the review of the bids and reference checks, staff recommends the Village Board
award a contract for facility services to the lowest responsive and responsible bidder, Aramark Uniform &
Career Apparel, LLC., for a cost not to exceed $5,908.24 pending final review and approval of the
agreement by the Village Attorney.
ATTACHMENTS:
• Memo - Facility Services 2017 (DOCX)
• BIDTAB Facility Services 2017(PDF)
Trustee Liaison
Stein
Monday, January 23, 2017
Staff Contact
Brett Robinson, Finance
Updated: 1/19/2017 10:46 AM
Page 1
Packet Pg. 52
8.H.a
1,1 F
�13UFFALO GROVE
DATE: January 11, 2017
TO: Dane Bragg, Village Manager
FROM: Brett Robinson, Purchasing Manager
RE: Facility Services
Background Information
Is
Facility Services, the supply, maintenance and cleaning of floor mats, shop towels and fender covers had been
previously made part of the Public Works Uniform contract. As the uniform contract has ended, staff felt it was
best to break out these services and pursue them as separate contract. Bids were received and opened on
December 19, 2016. All bids received requested considerable changes to the contract language. After a
preliminary review and discussion with the Village Attorney, staff felt the changes proposed by Aramark
Uniform & Career Apparel, LLC, were acceptable. Aramark has previously provided these services to the Village
and staff found their performance at the time to be very good.
Recommendation
Based on the review of the bids and reference checks, staff recommends the Village Board award a contract for
facility services to the lowest responsive and responsible bidder, Aramark Uniform & Career Apparel, LLC., for a
cost not to exceed $5,908.24 pending final review and approval of the agreement by the Village Attorney.
Page 1 of 1
Packet Pg. 53
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8.1
Information Item : Proclamation for National Engineers Week
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
SUMMARY: A Proclamation recognizing National Engineers Week, February 19-25, 2017.
ATTACHMENTS:
• Proclamation 2017 Engineers Week (DOCX)
Trustee Liaison
Trilling
Monday, January 23, 2017
Staff Contact
Darren Monico, Public Works
Updated: 1/17/2017 2:59 PM
Page 1
Packet Pg. 55
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PROCLAMATION
2017 Engineers Week
WHEREAS, Engineers use their scientific and technical knowledge and skills in creative and
innovative ways to fulfill society's needs; and, z
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WHEREAS, Engineers face the major technological challenges of our time — from rebuilding c
towns devastated by natural disaster, cleaning up the environment, and assuring safe, clean, and efficient
sources of energy, to designing information systems that will speed our country into the future; and, E
WHEREAS, Engineers are encouraging our young math and science students to realize the
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practical power of their knowledge; and,
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WHEREAS, We will look more than ever to engineers and their knowledge and skills to meet the
challenges of the twenty-first century: Y
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THEREFORE,1, Beverly Sussman, President of the Village of Buffalo Grove, do hereby proclaim
February 19 through February 25, 2017, as ENGINEERS WEEK in the Village of Buffalo Grove.
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Proclaimed this 23`d day of January 2017.
Beverly Sussman
Village President
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9.A
Resolution No. R-2017-3 : Buffalo Creek Reservoir IGA
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
Approval of the Inter -Governmental Agreement (IGA) between the Metropolitan Water Reclamation
District (MWRD), Lake County Forest Preserve District (LCFPD) and the Village for the maintenance of
the Buffalo Creek Reservoir. This IGA is required to facilitate the expansion of the reservoir by the
MWRD as well as other site improvements by the LCFPD.
ATTACHMENTS:
• Final MWRD-LCFPD-VBG IGA with Exhibits (PDF)
• IGA Memo (DOC)
• CHICAGO1-#679916-v1-Buffalo—Creek—Reservoir—Resolution (DOC)
• Redlined Version of IGA (PDF)
Trustee Liaison
Stein
Monday, January 23, 2017
Staff Contact
Michael Reynolds, Public Works
Updated: 1/19/2017 11:30 AM
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9.A.a
INTERGOVERNMENTAL AGREEMENT FOR DESIGN, CONSTRUCTION, USE,
OPERATION, AND MAINTENANCE OF STORMWATER AND RECREATIONAL
IMPROVEMENTS AT THE BUFFALO CREEK FOREST PRESERVE
THIS INTERGOVERNMENTAL AGREEMENT (hereinafter the "Agreement") is entered
into as of , 2017 ("Effective Date"), by and between the Metropolitan Water
Reclamation District of Greater Chicago, a unit of local government and body corporate and politic
existing under the laws of the State of Illinois (hereinafter "MWRD"); Lake County Forest Preserve
District, a body politic and corporate (hereinafter "LCFPD"); and the Village of Buffalo Grove, a
municipal corporation (hereinafter the "Village") (hereinafter collectively known as the "Parties").
WITNESSETH:
WHEREAS, the MWRD is a body corporate and politic organized and existing under the laws of
the State of Illinois, 70 ILCS 2605/1 et seq., having among its powers the authority to construct, operate,
and maintain flood control facilities; and
WHEREAS, the LCFPD is a body politic and corporate, organized under the Downstate Forest
Preserve District Act, 70 ILCS 805/0.001 et seq., and having among its powers the authority to construct,
operate, and maintain recreational facilities and to acquire and own land that is required to store flood
waters, or control other drainage and water conditions; and
WHEREAS, the Village is a municipal corporation organized, operating, and existing under the
laws of the State of Illinois, and having among its powers the authority to construct, operate, and maintain
flood control facilities; and
WHEREAS, the Parties entered into an agreement in 1973 entitled "Agreement between the
Lake County Forest Preserve District and the Village of Buffalo Grove, Illinois and the Metropolitan
Sanitary District of Greater Chicago for Buffalo Creek Retention Reservoir Lake County, Illinois" and the
Parties further amended said agreement on December 17, 1984 pursuant to an "Agreement Amending a
Previous Agreement between the Lake County Forest Preserve District and the Village of Buffalo Grove,
Illinois and the Metropolitan Sanitary District of Greater Chicago for the Buffalo Creek Retention
Reservoir Lake County, Illinois" (such agreements are collectively referred to herein as the "Original
IGA"); and
WHEREAS, the Original IGA provided that LCFPD would acquire certain land that is now
commonly known as the "Buffalo Creek Forest Preserve," and grant to the MWRD an easement across a
portion of the Buffalo Creek Forest Preserve, which portion is legally described on Exhibit A attached
hereto as the "Easement Property," for "flood control and related purposes" and for "the construction of
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a flood control reservoir which will reduce flooding within the corporate limits of the [MWRD] and the
Village and other downstream areas in Cook County" (the "Easement"); and
WHEREAS, on March 1, 1984, LCFPD granted the Easement to the MWRD pursuant to a
document entitled "Perpetual Easement Grant," recorded with the Lake County Recorder of Deeds as
Document No. 2269954 (the "Original Grant'), and thereafter, the MWRD constructed a reservoir
within the Easement Property, that has approximately 760 acre-feet of storage capacity (the "Original
Reservoir"); and
WHEREAS, the MWRD desires to increase the Original Reservoir's capacity for flood control
by approximately 184 acre-feet of storage (the "Additional Capacity's (the Original Reservoir, expanded
to include the Additional Capacity, is referred to herein as the "Expanded Reservoir'; a conceptual
configuration of the Expanded Reservoir is generally depicted on the concept plan attached hereto as
Exhibit B (the "Concept Plan"); and
WHEREAS, to construct the Additional Capacity, MWRD will excavate a portion of Buffalo
Creek Forest Preserve and desires to place the excavated material from such excavation on a portion of
Buffalo Creek Forest Preserve located west of Schaeffer Road, and LCFPD is willing to allow such
placement, if the excavated material is graded, seeded, and planted as part of a prairie restoration project,
as provided in this Agreement (the area in which the fill will be placed and that will be the location of the
prairie restoration project is generally depicted as the "Upland Restoration and Buffer Areas" on the
Concept Plan); and
WHEREAS, the excavation work necessary to create the Additional Capacity will impact
existing stream channels within Buffalo Creek Forest Preserve and, to mitigate such impacts as required
by the United States Army Corps of Engineers ("USACE'�, MWRD is required to perform mitigation
work along the main stem of Buffalo Creek and the west unnamed tributary (east of Schaeffer Road)
within Buffalo Creek Forest Preserve, which could include reducing the grade of stream banks where
steeper grades have resulted from erosion, the removal of invasive species, and the planting of native
species along stream banks (the "Stream Channel Mitigation Work"); and
WHEREAS, the LCFPD desires that certain improvements be constructed within the Buffalo
Creek Forest Preserve that will enhance the public use of, and restore and preserve the natural features of,
the Buffalo Creek Forest Preserve, including trails, bridges, boardwalks, overlooks, parking areas,
grading, landscaping, and restored areas (including restored prairies, new wetlands, and restored
shorelines, the Upland Restoration and Buffer Areas, and the Stream Channel Mitigation Work) (the
"Preserve Improvements'; LCFPD previously engaged Pearson, Brown & Associates, Inc. to prepare
design plans for certain portions of the Preserve Improvements, which plans are described on Exhibit C
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and, by this reference, incorporated into this Agreement (the "Original Plans"); some of the Preserve
Improvements are also generally depicted on the Concept Plan; and
WHEREAS, LCFPD has obtained permits for the construction of certain portions of the
Preserve Improvements in accordance with the Original Plans, including permits from the USACE, the
Lake County Stormwater Management Agency, and the Lake County Department of Transportation (the
"Existing Permits'; and
WHEREAS, LCFPD has expended funds for the preparation of the Original Plans, obtaining the
Existing Permits, and other matters related to the design of and planning for certain portions of the
Preserve Improvements and intended to solicit bids for the construction of certain portions of the Preserve
Improvements in accordance with the Original Plans and the Existing Permits, but, at MWRD's request,
has delayed such solicitation to give the Parties an opportunity to receive the benefits provided for in this
Agreement; and
WHEREAS, MWRD has retained Hey & Associates, Inc. (the "Consultant") to design and
engineer the Additional Capacity, the Expanded Reservoir, the Upland Restoration and Buffer Areas, and
the other Preserve Improvements; and
WHEREAS, MWRD has expended funds to further refine and enhance the Preserve
Improvements including, but not limited to raising Boardwalk 3 above the 100-year flood to allow for
continuous access along the southern trail loop through the Buffalo Creek Forest Preserve; and
WHEREAS, the Consultant has prepared and provided to the LCFPD near -final plans and
specifications dated February 2, 2016, depicting the construction of the Expanded Reservoir and the
Preserve Improvements (collectively, the "Work") and such plans and specifications are described on
Exhibit D and, by this reference, incorporated into this Agreement (the "98% Plans"); and
WHEREAS, the LCFPD has approved the 98% Plans; and
WHEREAS, the Parties acknowledge that (i) the Buffalo Creek Forest Preserve is subject to an
agreement between the LCFPD and the Illinois Department of Natural Resources ("IDNR") related to a
Land and Water Conservation Fund grant and agreement received by the LCFPD from IDNR (the
"LAWCON Agreement"), attached hereto as Exhibit E, (ii) pursuant to the LAWCON Agreement, the
LCFPD is the local sponsor of a public outdoor recreational project at Buffalo Creek Forest Preserve, (iii)
the LAWCON Agreement places certain restrictions on the use of the Property and prohibits a conversion
of the Property to a use or uses other than public outdoor recreational uses, as determined under
applicable law (a "Conversion"), unless the Conversion is approved as required by applicable law, and
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(iv) LCFPD has obtained verification from IDNR that this Agreement and the Parties actions pursuant
thereto, comply with the LAWCON Agreement and will not cause a prohibited Conversion, and such
verification is attached hereto as Exhibit F (the "LAWCON Verification")
WHEREAS, the Parties acknowledge and agree that (i) the Easement Property already includes
all portions of Buffalo Creek Forest Preserve that are necessary for MWRD to perform the Work, except
for the Work to be performed west of Schaeffer Road and (ii) LCFPD and MWRD will execute the
Temporary Easement Agreement (as provided in Article 2.13.) to MWRD to perform the Work west of
Schaeffer Road; and
WHEREAS, the Parties further acknowledge and agree that (i) it is appropriate to approve the
Amendment to Grant (as provided in Article 2.A.), which will provide record notice that the Original
Grant is subject to this Agreement and that this Agreement will supersede the Original IGA in the event
of a conflict and (ii) following approval of this Agreement and the Amendment to Grant, MWRD will
have the right to construct the Work and to operate the Expanded Reservoir pursuant to the Original
Grant, as amended, and this Agreement, subject to the LAWCON Agreement;
WHEREAS, on April 7, 2016, the MWRD Board of Commissioners authorized the MWRD to
enter into this intergovernmental agreement with the LCFPD and the Village; and
WHEREAS, on
the LCFPD's Board of Commissioners authorized the
LCFPD to enter into this intergovernmental agreement with the MWRD and the Village; and
WHEREAS, on
the Village's Corporate Authorities authorized the
Village to enter into this intergovernmental agreement with the MWRD and the LCFPD; and
WHEREAS, the MWRD, the LCFPD, and the Village are public agencies within the meaning of
the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; and
WHEREAS, Article VII, Section 10, of the 1970 Constitution of the State of Illinois encourages
and provides for units of local government to contract and otherwise associate with other units of local
government to exercise, combine or transfer any power or function in any manner not prohibited by law;
and
WHEREAS, the MWRD, the LCFPD, and the Village have determined it is in the best interests
of the Parties, as well as the residents and individuals served by the Parties to utilize certain of each
other's facilities as described in this Agreement; and
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WHEREAS, the MWRD, the LCFPD, and the Village have a history of working cooperatively
for their mutual benefit and the benefit of their respective constituents and desire to further define their
respective rights and responsibilities with respect to the joint activities and improvements described
herein;
NOW, THEREFORE, pursuant to the authorities recited above and all applicable authority, in
consideration of the matters set forth in this Agreement, the mutual covenants and agreements contained
in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the MWRD, the LCFPD, and the Village hereby agree as follows:
ARTICLE 1. INCORPORATION OF RECITALS.
The recitals set forth above are incorporated herein by reference and made a part hereof.
ARTICLE 2. PROPERTY INTERESTS.
A. Amendment to Grant. Within five (5) days after the Effective Date, LCFPD and MWRD shall
execute the "Amendment to Perpetual Easement Grant" attached hereto as Exhibit G (the
"Amendment to Grant").
B. Temporary Site Access. Within five (5) days after the Effective Date, LCFPD and MWRD will
execute the "Temporary Easement Agreement" attached hereto as Exhibit H, granting to
MWRD a temporary construction easement (the "Temporary Easement's to MWRD for
construction of the Work.
ARTICLE 3. REIMBURSEMENT.
In consideration of MWRD utilizing LCFPD's plans and specifications for certain portions of the Preserve
Improvements, MWRD will reimburse LCFPD in the amount of $147,899.00 (the "Reimbursement
Amount') within the later of thirty (30) days after LCFPD has approved the Final Plans (as defined in
Article 4.13.) and notified MWRD of such approval and thirty (30) days after the Effective Date.
ARTICLE 4. FINAL DESIGN AND CONSTRUCTION OF EXPANDED RESERVOIR AND
PRESERVE IMPROVEMENTS.
A. Permits. LCFPD will assign or transfer the Existing Permits to MWRD, to the extent the
Existing Permits authorize the Work and to the extent such assignment is authorized by the
agencies that issued the Existing Permits. MWRD will be responsible for obtaining any required
amendments to the Existing Permits and all other permits, approvals, and authorizations for the
Work, at no cost to LCFPD.
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B. Contract Documents.
(i) Preparation of Contract Documents. MWRD will prepare, or cause its Consultant
to prepare, at no cost to LCFPD or the Village, (i) final plans and specifications for
the Work (the "Final Plans"), (ii) one or more construction contracts (the
"Construction. Contract") for the construction of the Work, and (iii) a schedule for
construction of the Work (the "Schedule") (collectively, the "Contract
Documents").
(ii) Final Plans. The Final Plans must be consistent with the 98% Plans and this
Agreement and are subject to approval by LCFPD. LCFPD shall not unreasonably
delay its review of the Final Plans and may withhold its approval of the Final Plans
only if they are inconsistent with the 98% Plans or this Agreement.
(iii) Construction Contract. The Construction Contract will require the Work
Contractor (as defined herein) to:
1. fully restore any portion of Buffalo Creek Forest Preserve that is damaged by the
Work to its pre -construction condition,
2. comply with applicable law, including the Public Construction Bond Act, 30
ILCS 55010.01 et seq., and deposit with the MWRD, the LCFPD, and the
Village, a bond in the MWRD standard bond form, attached hereto as Exhibit I,
(but naming MWRD as obligee and LCFPD as dual obligee of such bond),
3. provide insurance as required in Article 6,
4. grant to the LCFPD and the Village the right to inspect the Work upon
reasonable notice to MWRD,
5. provide a guarantee, as described in the General Conditions (Article 36) of
Volume 2 of the 98% Plans, to MWRD that, for a period of one year after
MWRD approves in writing the construction of the Preserve Improvements that
are not natural areas (such as restored prairies, new wetlands, restored shorelines,
the Upland Restoration and Buffer Areas, and the Stream Channel Mitigation
Work) (the "Structural Preserve Improvements"), the Structural Preserve
Improvements will be free from defects in materials and workmanship, which
guarantee is in addition to Work Contractor's obligations pursuant to Article
4.1).(i). Prior to MWRD approving the construction of the Structural Preserve
Improvements, MWRD will give LCFPD a reasonable opportunity to comment
on the construction of said improvements. MWRD will approve in writing the
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construction of the Structural Preserve Improvements when they are installed in
accordance with the Contract Documents and LCFPD concurs, and such
concurrence shall not be unreasonably withheld or delayed by LCFPD. After
approval of construction of the Structural Preserve Improvements, MWRD will
enforce the guarantee of the work on behalf of LCFPD.
6. with respect to Temporary Storm Water Pollution Control, as described in
Section 01 5723 of Volume 2 of the 98% Plans, submit a work plan to MWRD 0
for review and approval, prior to the start of in -stream work. LCFPD may review c
and comment on the work plan. MWRD will consider and incorporate all y
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comments from LCFPD with reasonable discretion,
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7. with respect to Site Clearing and Grubbing, as described in Section 31 1005 of Pv
Volume 2 of the 98% Plans, for each day during which the Work Contractor 2
desires to burn brush piles, obtain LCFPD's approval to conduct such burning on m
that day (which approval will be granted or withheld based only on the extent to �?
which wind, humidity, precipitation, and other conditions will cause such N
burning to negatively impact owners and occupants of property adjacent to
Buffalo Creek Forest Preserve),
8. with respect to Wetland Planting, as described in Section 32 9123 of Volume 2 of
the 98% Plans, during the time during which any wetland plants are being
installed, provide at the construction progress meetings an annotated planting
plan to MWRD, to be shared with LCFPD, identifying the quantity and species
of plants installed during the previous week, along with the areas within which
they were installed,
9. with respect to onsite Stream Channel Mitigation Work, as provided in Appendix
C in Volume 3 of the 98% Plans (p. 10, ¶¶ 2 and 4), (i) prior to removing trees,
shrubs, or other vegetation for the Stream Channel Mitigation Work, give
LCFPD a reasonable opportunity to identify specimen trees and native shrubs to
be left in place and (ii) prior to the installation of each riffle/grade control feature
as part of the Stream Channel Mitigation Work, give LCFPD a reasonable
opportunity to approve the location of each such feature (which identifications
and approvals will not be unreasonably made, withheld, or delayed), and
10. complete all Work in accordance with the Final Plans and all applicable laws
(including any applicable USACE requirements).
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The Construction Contract will be substantially in the form of the contract attached
hereto as Exhibit J. MWRD will not amend the Construction Contract in any
manner that limits LCFPD's rights under this Agreement.
(iv) Schedule. The Schedule will ensure that the Work (excluding required natural area
monitoring and management, which MWRD will complete in accordance with
Article 4.D.(i)) is complete by the date that is 36 months after the Effective Date of
this Agreement (the "Substantial Completion Date"). The Schedule will include a
phasing/sequencing schedule approved by LCFPD that (i) for the portion of Buffalo
Creek Forest Preserve east of Schaeffer Road, allows users at all times to drive their
vehicles into and park within the parking lot located in the northeast corner and walk,
via one or more trails, between the parking lot and the intersection of the trail with
Schaeffer Road, except that, after giving LCFPD 14 day advance notice, MWRD
may close such parking lot for a period of time not to exceed 30 days, (ii) for the
portion of Buffalo Creek Forest Preserve west of Schaeffer Road, allow users at all
times to walk via one or more trails between Schaeffer Road and Checker Road, and
(iii) otherwise keeps as much of Buffalo Creek Forest Preserve open and safe for the
public use as is practical. LCFPD approval of the Schedule shall not be unreasonably
made, withheld, or delayed. LCFPD reserves the right to temporarily close portions
of Buffalo Creek Forest Preserve to the public if it deems it necessary or appropriate
to do so.
C. Award of Contracts and Performance of Work. After completion of the Contract Documents,
MWRD shall, in accordance with applicable law, solicit competitive bids for the Work to be
performed pursuant to the Construction Contract, notify LCFPD and the Village of the bidders
and amounts of their bids, and award the Construction Contract for the Work to the lowest
responsible bidder or bidders (collectively, the "Work Contractor"). MWRD is required by law
to award the Construction Contract to the lowest responsible bidder. The Village and LCFPD
may request an opportunity to comment upon the qualifications of the lowest responsible bidder
prior to the award of the Construction Contract work; however MWRD's decision on the award
of the Construction Contract shall be binding and conclusive. MWRD will provide a full
photocopy of the executed Construction Contract to LCFPD and the Village. MWRD will
provide written notice to LCFPD and the Village of the date upon which Work will commence.
MWRD shall cause the Work to be constructed by the Work Contractor at no cost to LCFPD or
the Village in accordance with the Contract Documents. If LCFPD requests a change order to the
Contract Documents that changes the scope of Work for the Preserve Improvements, but does not
change the design of, or unreasonably interfere with the construction of, the Expanded Reservoir,
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then MWRD will approve, and cause the Work Contractor to approve, such change order.
LCFPD will be responsible for any increase to the price of the Construction Contract arising from
such change in scope of the Work. Before it approves the Work Contractor's construction of the
Preserve Improvements as conforming to the Contract Documents, MWRD shall give LCFPD a
reasonable opportunity to inspect the Preserve Improvements and provide written comments to
MWRD as to whether the Preserve Improvements have been constructed in accordance with the
Contract Documents. MWRD's approval or acceptance of the Work will not be deemed to waive Q
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or bar any right or claim of LCFPD for breach of or default under this Agreement or (to the extent
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LCFPD has third -party enforcement rights under the Construction Contract) the Construction
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Contract, unless such acceptance is based on LCFPD's express Written approval or acceptance of
the relevant portion of the Work.
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D. Post -Construction Obligations. o
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(i) Natural Area Monitoring and Management and Tree and Shrub Maintenance. m
1. MWRD shall cause the Work Contractor to maintain all new trees and shrubs in
accordance with the maintenance standards set forth in the 98% Plans for a N
period of one (1) year after the date upon which MWRD approves in writing the
installation of the trees and shrubs and shall replace any tree or shrub that dies
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within such period at no cost to LCFPD. w
2. MWRD shall, and shall cause the Work Contractor to, monitor and manage all
prairie areas restored as part of the Work, including the Upland Restoration and
Buffer Areas, that are within the "3-YEAR MONITORING &
MANAGEMENT" areas depicted on Sheet Numbers L-116 and L-117 of the
98% Plans, in accordance with the performance criteria set forth in Section 32
7220 of Volume 2 of the 98% Plans, the USACE permit, and in Appendix D of
Volume 3 of the 98% Plans for a period of three (3) years (or any longer period
required by law) after the date upon which MWRD approves in writing the
construction of all restored prairie areas, except that, if such performance criteria
are not satisfied by the end of such 3-year (or longer) period, the Work
Contractor shall continue adaptive management and monitoring until such
performance criteria are satisfied and MWRD receives written confirmation from
USACE indicating the adaptive management plan has been carried out to
USACE's satisfaction.
3. MWRD shall, and shall cause the Work Contractor to, monitor and manage all
new wetlands and restored shorelines constructed as part of the Work that are
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within the "3-YEAR MONITORING & MANAGEMENT" areas depicted on
Sheet Numbers L-116 and L-117 of the 98% Plans, in accordance with the
performance criteria set forth in Section 32 7220 of Volume 2 of the 98% Plans,
the USACE permit, and in Appendix D of Volume 3 of the 98% Plans for a
period of three (3) years (or any longer period required by law) after the date
upon which MWRD approves in writing the construction of all new wetlands and
restored shorelines, except that, if such performance criteria are not satisfied by
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the end of such 3-year (or longer) period, the Work Contractor shall continue
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adaptive management and monitoring until such performance criteria are
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satisfied and MWRD receives written confirmation from USACE indicating the
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adaptive management plan has been carried out to USACE's satisfaction.
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4. MWRD shall, and shall cause the Work Contractor to, monitor and manage the
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areas improved by the Stream Channel Mitigation Work that are within the "5-
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YEAR MONITORING & MANAGEMENT" areas depicted on Sheet Numbers
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L-116 and L-117 of the 98% Plans, in accordance with the perfonnance criteria
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set forth in Section 32 7220 of Volume 2 of the 98% Plans, the USACE permit,
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and in Appendix C of Volume 3 of the 98% Plans for a period of five (5) (or any
longer period required by law) after the date upon which MWRD approves in
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writing the construction of the Stream Channel Mitigation Work, except that, if
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such performance criteria are not satisfied by the end of such 5-year (or longer)
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period, the Work Contractor shall continue adaptive management and monitoring
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until such performance criteria are satisfied and MWRD receives written
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confirmation from USACE indicating the adaptive management plan has been
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carried out to USACE's satisfaction. �?
Acceptance of the trees and shrubs, restored prairie areas, new wetlands and restored
shorelines, and the areas improved by the Stream Channel Mitigation Work will be in
accordance with the Contract Documents.
(ii) As -Built Surveys. After the Work has been completed in accordance with the
Contract Documents, MWRD, at no cost to LCFPD or the Village, will cause the
Work Contractor to deliver surveys to LCFPD and the Village depicting the as -built
condition of all finished Structural Preserve Improvements ("Improvement As-
Builts") and any as -built surveys or drawings of any portion of the Work that are
required by any other govenunental agency. For each such Preserve Improvement,
the Improvement As-Builts shall (i) depict the finished Preserve Improvement in
accordance with ALTA/ACSM standards, (ii) depict the finished Preserve
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Improvement in cross -sections, at intervals of not less 50 feet, (iii) depict the
topography of that portion of the Buffalo Creek Forest Preserve upon which the
finished Preserve Improvement is constructed and within 50 feet of each direction
from the Preserve Improvement, providing such information as is generally provided
in a topographic survey, including spot elevations at intermediate stations and grade
changes sufficient to provide as -built contours, and (iv) be provided in MicroStation
V8 format, based on a "seed file" template to be provided by LCFPD and adjusted to Q
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the horizontal and vertical standards described below. To prepare the Improvement
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As-Builts, MWRD shall cause its surveyor to establish horizontal and vertical control
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points within the Buffalo Creek Forest Preserve. All horizontal control points shall
reference the Illinois State Plane Coordinates Eastern Zone NAD 83 and all vertical
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control points shall reference North American Vertical Datum of 1988. Global
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Positioning Systems may be utilized but information must be provided in feet not
meters.
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ARTICLE 5. PERMITS AND FEES.
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A. Permits. The MWRD shall obtain all federal, state, and county permits required by law for the
construction of the Additional Capacity and Expanded Reservoir. Additionally, the MWRD will
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obtain all consents and approvals required by federal, state, and/or county regulations for the
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construction of the Work. LCFPD and the Village shall have the full right to participate in all
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meetings and proceedings relative to the consents, permits, and approvals required for
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construction of the Work. The MWRD shall provide advance notice of all such meetings and
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proceedings to the LCFPD and the Village. The MWRD shall assume any costs incurred in
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procuring all such consents, permits, and approvals necessary to construct the Work. The Village
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and LCFPD will cooperate with MWRD in the procurement of any applications or other
documents necessary or desirable for MWRD to procure said consents, permits, and approvals. 2
B. Exemptions and Waivers. LCFPD shall exempt the MWRD and the Work Contractor from all
LCFPD permit requirements applicable to the Work, including any associated fees. Additionally,
LCFPD will exempt the MWRD and the Work Contractor from any fees associated with the plan
review and inspection of the Work by LCFPD. LCFPD may, upon written request, also grant the
MWRD waivers to applicable work -hour limits and truck -traffic restrictions, provided that
reasonable health, safety, and public welfare requirements are met, and LCFPD will not
unreasonably withhold said waivers. In as much as the Project is outside of the Village
boundaries, the Village has no authority to require permits or any fees associated with the plan
review or inspection of the Work. MWRD acknowledges that neither the Village nor LCFPD has
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authority to grant waivers or exemptions from any applicable Lake County requirements, fees,
limits, or restrictions.
ARTICLE 6. INSURANCE.
A. MWRD shall cause the Work Contractor to procure, maintain, and keep in full force and effect,
for the entire time that the Work is being performed, at no cost to LCFPD, insurance in the
coverages and limits, and subject to the requirements, identified on Exhibit K (the "Insurance
Requirements ").
ARTICLE 7. INDEMNIFICATION.
A. LCFPD Oblip-ations. The LCFPD shall indemnify, defend, and hold harmless (i) MWRD and its
president, commissioners, officers, employees, servants, and agents ("MWRD Indemnified
Parties' and (ii) the Village and its president, trustees, officers, employees, servants, and agents
("Vill(ke Indemnified Parties") from and against any and all claims, actions, causes of action,
suits, orders, losses, costs, liabilities, damages, and expenses incurred, suffered, or sustained at
any time after the Effective Date and in perpetuity for which an Indemnified Party may become
liable (irrespective of whether any such Indemnified Party is a party to any claim, action, cause or
suit for which indemnification is sought), excluding reasonable attorney's fees, costs and
disbursements (collectively, the "Claims', incurred by such Indemnified Parties as a result of, or
relating to injury or to death of persons or loss or damage to property arising from the negligent
act or omission of the LCFPD, except to the extent a Claim arises out of the negligence or fault of
the Indemnified Party.
B. MWRD Obligations. The MWRD shall indemnify, defend, and hold harmless (i) LCFPD and
its president, commissioners, officers, employees, servants, and agents ("LCFPD Indemnified
Parties' and (ii) the Village Indemnified Parties from and against any and all Claims incurred by
such Indemnified Parties as a result of, or relating to injury to or death of persons or loss or
damage to property arising from the negligent act or omission of the MWRD, except to the extent
a Claim arises out of the negligence or fault of the Indemnified Party.
C. Village Obligations. The Village shall indemnify, defend, and hold harmless (i) LCFPD
Indemnified Parties and (ii) MWRD Indemnified Parties from and against any and all Claims
incurred by such Indemnified Parties as a result of, or relating to injury to or death of persons or
loss or damage to property arising from the negligent act or omission of the Village, except to the
extent a Claim arises out of the negligence or fault of the Indemnified Party.
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9.A.a
D. No Waiver of Immunity. A Party's indemnification obligation will not be deemed to waive or
limit any immunity or other defense.
ARTICLE 8. REPRESENTATIONS AND WARRANTIES.
A. Representations of LCFPD. LCFPD covenants, represents and warrants, that of the date of this
Agreement and throughout its term, as follows:
;
(i) LCFPD has full authority to execute, deliver and perform or cause to be performed
L
this Agreement;
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(ii) LCFPD has the power and authority to convey and acquire the certain property rights
and interests set forth herein to and from the MWRD and the Village and all required �0
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action and approvals therefore have been duly taken and obtained. The individuals v
0
signing this Agreement and all other documents executed on behalf of LCFPD are
duly authorized to sign same on behalf of and to bind the LCFPD; m
M
(iii) The execution and delivery of this Agreement, consummation of the transactions
0
provided for herein, and the fulfillment of the terms hereof will not result in any
breach of any of the terms or provisions of or constitute a default under any
agreement of the LCFPD or any instrument to which the LCFPD is a party or by s
x
which LCFPD is bound or any judgment, decree, or order of any court or s
governmental body or any applicable law, rule, or regulation. 3
B. Representations of Village. The Village covenants, represents and warrants, that of the date of
this Agreement and throughout its term, as follows:
(1) Village has full authority to execute, deliver and perform or cause to be performed
this Agreement;
(ii) Village has the power and authority to convey and acquire the certain property rights
and interests set forth herein to and from the MWRD and the LCFPD and all required
action and approvals therefore have been duly taken and obtained. The individuals
signing this Agreement and all other documents executed on behalf of the Village are
duly authorized to sign same on behalf of and to bind the Village;
(iii) The execution and delivery of this Agreement, consummation of the transactions
provided for herein, and the fulfillment of the terms hereof will not result in any
breach of any of the terms or provisions of or constitute a default under any
agreement of the Village or any instrument to which the Village is a party or by
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9.A.a
which the Village is bound or any judgment, decree, or order of any court or
governmental body or any applicable law, rule, or regulation.
C. Representations of MWRD. MWRD covenants, represents and warrants, that of the date of this
Agreement and throughout its term through, as follows:
(i) MWRD has full authority to execute, deliver and perform or cause to be performed
this Agreement;
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(ii) MWRD has the power and authority to convey and acquire the certain property rights
0
and interests set forth herein to and from the LCFPD and the Village and all required
N
action and approvals therefore have been duly taken and obtained. The individuals
signing this Agreement and all other documents executed on behalf of the MWRD 0
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are duly authorized to sign same on behalf of and to bind the MWRD; v
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(iii) The execution and delivery of this Agreement, consummation of the transactions
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provided for herein, and the fulfillment of the terms hereof will not result in any
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breach of any of the terms or provisions of or constitute a default under any
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agreement of the MWRD or any instrument to which the MWRD is a party or by
which the MWRD is bound or any judgment, decree, or order of any court or
governmental body or any applicable law, rule, or regulation. s
ARTICLE 9. MAINTENANCE, OPERATION, AND CONTROL.
A. Prior Responsibilities. Prior maintenance, operation, and control responsibilities as provided in
the Original IGA no longer apply and are replaced by the following maintenance, operation, and
control responsibilities for each Party.
B. Maintenance Site. MWRD and the Village shall have, and LCFPD reserves its right to, have
complete access to the Maintenance Site at all times. The "Maintenance Site" shall be defined
as the area bounded as follows: Arlington Heights Road to the east, Checker Road to the north
(excepting the area designated as the Schalzetti subdivision), Schaeffer Road to the west
(excepting the Keiser property), and Lake -Cook Road to the south (as denoted in Exhibit L-1).
C. MWRD Oblivations. MWRD shall, in perpetuity, be responsible for the continued maintenance
of the structural integrity of the flood control facilities, which shall include the Outlet Control
Structure [principal concrete spillway/weir with 48" reinforced concrete pipe (RCP)], Auxiliary
Spillway, Emergency Spillway, Energy Dissipation Pool, and Grade Control Structure (as
denoted on Exhibit L-1).
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9.A.a
D. Village Obligations. The Village shall, in perpetuity, have the following maintenance
responsibilities (the "Village Maintenance Obligations"):
(i) with regard to the Maintenance Site: If there is trash, debris, ice or any other matter
within the Maintenance Site that has impeded or stopped the proper and free flow of
water or prevented proper operation of the Expanded Reservoir, including the
portions of Mainstem Buffalo Creek, the West Unnamed Tributary, Buffalo Creek
Tributary A, and the South Unnamed Tributary, located within the Maintenance Site
and generally depicted on Exhibit L-2, the Village shall use its best efforts, upon
receipt of notification of such condition by MWRD or LCFPD, to remove same.
Boardwalks #1 through #6, the Grade Control Structure, Principal Concrete Weir,
Principal Spillway, Auxiliary Spillway, and Emergency Spillway, as shown on the
Final Plans, shall be kept clear of any and all debris to permit free flow of water and
provide the designed waterway capacity during flood, low flow, and at all other
periods. The Village shall use its best efforts to maintain and repair any permanent
water bodies and any stabilization or erosion issues to their shoreline, as necessary,
so as not to create a nuisance. The shoreline is considered to be the area from the
water body's normal elevation to 1.9 feet vertically above as shown on Exhibit L-2.
(ii) with regard to the Village Mowing Area denoted in Exhibit L-1: The Village shall
mow the 3.15 acre area to a two-inch (2") height twice a year, once in the spring and
once in the fall, and
The Village shall not construct any improvements or structures on the property without written
approval of MWRD or LCFPD.
The Village shall not be responsible or liable for the repair or replacement of any buildings,
improvements, or structures owned by the MWRD or LCFPD within the Buffalo Creek Forest
Preserve. In the event that the Village fails to properly maintain the Maintenance Site or Mowing
Area in accordance with this Section, the MWRD or LCFPD may issue a notice to the Village
directing such maintenance. The Village will submit a written plan including a reasonable
timeline for start of work and targeted completion. The Village will use its best efforts to
complete such maintenance. If the Village does not cause such maintenance to be commenced
within the stated time period or notify LCFPD or MWRD of its efforts to commence the
maintenance, MWRD or LCFPD may serve the Village with a notice of its intent to perform the
maintenance work with an estimated cost. The Village must contest said notice of cost within 10
business days after receipt of the notice, providing proof of best efforts. In the event that the
Village has not responded to the notice of intent to perform maintenance work, and MWRD or
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9.A.a
LCFPD undertakes such work, the Village shall pay to MWRD or LCFPD the actual, entire cost
thereof immediately upon rendition of bills to the Village by MWRD or LCFPD.
E. LCFPD Obligations. LCFPD shall operate and maintain each Preserve Improvement, including
restored prairies, new wetlands, restored vegetation along the shorelines, the Upland Restoration
and Buffer Areas and the areas improved by Stream Channel Mitigation Work after they are
constructed or improved under this Agreement. Culverts #1 through #17 as shown on the Final
Plans, are ancillary to the LCFPD trail system and included with the Preserve Improvements, and
shall be operated and maintained by LCFPD. In addition, LCFPD shall be responsible for the
maintenance and repair of the free span crossings and related pilings associated with Boardwalks
#1 through #7 as shown on the Final Plans. LCFPD shall not sell or otherwise dispose of the any
Preserve Improvement in violation of the Tax Agreement (as defined herein). LCFPD's
obligation to maintain trees, shrubs, new wetlands, the Upland Restoration and Buffer Areas, and
the areas improved by Stream Channel Mitigation Work will not commence until MWRD and the
Work Contractor have satisfied their obligations pursuant to Article 4.D.
F. Joint Inspections. Joint inspections shall be made by MWRD and the Village, with findings and
issues shared with LCFPD, during April and October each year, and at such other times as
conditions may require in order to assure adequate maintenance of the Maintenance Site. MWRD
shall be responsible for coordinating the joint inspections and communicating the results of said
inspections to the respective parties.
G. LCFPD Reservation of Rights. Notwithstanding any other portion of this Agreement, the
Original IGA, and the Original Grant, LCFPD reserves the right, subject to the LAWCON
Agreement, Article 10, and the Tax Exemption Certificate and Agreement provided in Exhibit
M, to use any portion of the Buffalo Creek Forest Preserve for any lawful purpose, including
recreational fishing on all open water portions of the Original Reservoir and Expanded Reservoir,
and to construct buildings, improvements, and structures thereon, provided that such uses,
buildings, improvements, and structures do not interfere with MWRD's rights under the Original
Grant. LCFPD will not vary, alter, or otherwise change the flood control facilities as designed
and constructed, without written consent of MWRD. If LCFPD plans to construct any buildings,
improvements, or structures within the Easement Property, in addition to the Preserve
Improvements, LCFPD shall provide plans therefore to MWRD's Director of Engineering, for his
or her review and approval in writing, as to the adverse impact that such building, improvement,
or structure would have on MWRD's ability to access, operate and maintain the Expanded
Reservoir. If MWRD advises LCFPD of an adverse impact, LCFPD and MWRD will work
cooperatively to address MWRD's concerns. LCFPD will continue to be the fee simple owner of
the Original Reservoir and will be the fee simple owner of the Expanded Reservoir, and the
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9.A.a
Preserve Improvements, including the restored prairies, new wetlands, restored shorelines, the
Upland Restoration and Buffer Areas, and the areas improved by the Stream Channel Mitigation
Work. If this Agreement terminates for any reason before the Preserve Improvements are
completely constructed, LCFPD may construct the Preserve Improvements in accordance with the
Original Plans, the 98% Plans, or the Final Plans (or any combination thereof) and, by their
execution of this Agreement, MWRD and the Village will be deemed to have provided whatever
consent is necessary under the Original Grant for such construction.
ARTICLE 10. TAX EXEMPT STATUS
A. Neither LCFPD nor the Village shall use or permit to be used or operated the Work in any
manner or for any purpose or take any action or omit to take any action in violation of the Tax
Agreement (as defined below). The purpose of the Tax Agreement is to preserve the exclusion
from gross income for federal income tax purposes of the interest on certain obligations of
MWRD and any credit payment or tax credit to MWRD or any other party from the United States
Treasury (such as, for example, was available to units of local government for "build America
bonds") (any of such advantages being "Tax Advantaged Status"), as such Tax Advantaged
Status is governed by the federal income tax laws, as amended from time to time, including but
not limited to, Sections 54 through 57, 103, and 141 through 150 of the Internal Revenue Code of
1986, as amended, and the Treasury Regulations or any rulings promulgated there under or
decisions of any court of competent jurisdiction (collectively, the "Tax Laws'). LCFPD and the
Village agree to provide a certification and agreement, in the form as attached to this Agreement
as Exhibit M regarding compliance with the Tax Laws (the "Tax Agreement"). In the event
modification of such form of certification is required, such modification shall be passed upon by
bond counsel to MWRD. The Tax Agreement contemplates that, in certain situations, MWRD
may pay monies to LCFPD or the Village, in lieu of MWRD constructing and transferring a
"Facility" (as defined in the Tax Agreement) and such a payment will trigger certain covenants
and record -keeping obligations on the part of LCFPD or the Village. MWRD will not make any
such payment to LCFPD or the Village, unless LCFPD or the Village, as the case may be, agrees
to receive such payment in an amendment to this Agreement.
ARTICLE II. GENERAL PROVISIONS.
A. Compliance with Laws; Governing Law. In exercising their rights under the Original IGA, this
Agreement, and the Original Grant, the Parties shall comply with all applicable federal, state, and
local laws. This Agreement shall be governed by, and enforced in accordance with, the internal
laws, but not the conflicts of laws rules, of the State of Illinois. The Parties agree that, pursuant
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9.A.a
to Section 20 of the Downstate Forest Preserve District Act, 70 ILCS 805/20, and LCFPD
Ordinance No. 2257 enacted pursuant thereto, all Work is subject to the building codes and
regulations of the County of Lake, and not that of any municipality.
B. Restoration. If any Work by MWRD or the Work Contractor damages, destroys, or causes any
adverse impact to the Buffalo Creek Forest Preserve, or any portion thereof, in any manner that is
not authorized in the Contract Documents for the Work, MWRD shall restore, at no cost to
LCFPD or the Village, such property to a condition at least as good as, the condition of such
property before such damage, destruction, or adverse impact. Restorative measures shall be
undertaken within a reasonable amount of time (but not more than 60 calendar days) after such
damage, destruction, or adverse impact occurs, weather permitting.
C. Hazardous Materials. MWRD, LCFPD, and the Village covenant and agree that: (i) they and
their officers, partners, agents, employees and Contractors shall comply with any and all federal,
state, and local laws, ordinances, codes, rules and regulations that prohibit, restrict or regulate any
material defined therein as a hazardous, radioactive, toxic or carcinogenic substance, pollutant,
contaminant or material (collectively, "Hazardous Materials") in connection with the Buffalo
Creek Forest Preserve; and (ii) they and their officers, partners, agents, employees and
Contractors shall not, and shall not permit or otherwise authorize any other person to, handle,
bury, store, retain, refine, produce, spill, allow to seep, leak, escape, leach, pump, pour, emit,
empty, discharge, inject, dump, transfer, release or otherwise dispose of or deal with Hazardous
Materials in, on, under or about the Buffalo Creek Forest Preserve. The provisions of this Article
shall survive any expiration or earlier termination of this Agreement.
D. Nature, Survival And Transfer Of Obligations. This Agreement may be recorded by LCFPD,
at no cost to MWRD or the Village, against the Buffalo Creek Forest Preserve. The provisions of
this Agreement shall run with and bind the Buffalo Creek Forest Preserve and shall bind, inure to
the benefit of, and be enforceable by LCFPD, MWRD, and the Village, and any of their
respective legal representatives, heirs, grantees, successors, and assigns, including any successor
governing boards.
E. Enforcement.
(i) Breach. For any breach of this Agreement, the Parties may, in law or in equity, by
suit, action, or any other proceeding, enforce or compel the performance of this
Agreement and seek any appropriate remedy, including, without limitation, specific
performance or mandamus.
(ii) Venue. Venue for any judicial action filed by a Party related to this Agreement will
be in the Circuit Court of Cook County, Illinois.
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9.A.a
F. Notice. Any notice or communication required or permitted to be given under this Agreement
shall be in writing and shall be delivered: (i) personally, (ii) overnight by a reputable overnight
courier, (iii) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage
prepaid, or (iv) by electronic mail. Electronic mail notices shall be deemed valid only to the
extent that they are (a) actually received by the individual to whom addressed and (b) followed by
delivery of actual notice in the manner described in either (i), (ii) or (iii) above within three
business days thereafter at the appropriate address set forth below. Unless otherwise expressly
provided in this Agreement, notices shall be deemed received upon the earlier of (a) actual
receipt; (b) one business day after deposit with an overnight courier as evidenced by a receipt of
deposit; or (c) three business days following deposit in the U.S. Mail, as evidenced by a return
receipt. By notice complying with the requirements of this Article, each Party shall have the right
to change the address or the addressee, or both, for all future notices and communications to such
Party, but no notice of a change of addressee or address shall be effective until actually received.
Notices and communications to LCFPD shall be addressed to, and delivered at, the following
address:
Lake County Forest Preserve District
2000 N. Milwaukee Avenue
Libertyville, IL 60048-1199
Attention: Executive Director
With a copy to:
Matthew E. Norton, Esq.
Holland & Knight LLP
131 S. Dearborn Street
30th Floor
Chicago, IL 60603
Notices and communications to MWRD shall be addressed to, and delivered at, the following
addresses:
Office of the Director of Engineering
Metropolitan Water Reclamation District of Greater Chicago
100 East Erie Street
Chicago, IL 60611-3154
With a copy to:
General Counsel
Metropolitan Water Reclamation District of Greater Chicago
100 East Erie Street
Chicago, IL 60611-3154
Notices and communications to Village shall be addressed to, and delivered at, the following
addresses:
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9.A.a
Office of the Village President
Village of Buffalo Grove
50 Raupp Blvd.
Buffalo Grove, IL 60089
With a copy to:
William G. Raysa I Partner
Tressler LLP
233 S. Wacker Drive
22nd Floor
Chicago, Illinois 60606
The foregoing shall not be deemed to invalidate any notice actually received.
G. Time Is of the Essence. Time is of the essence in the performance of this Agreement.
H. Exhibits. Exhibits A through M attached to this Agreement are, by this reference, incorporated
in and made a part of this Agreement.
L Amendments and Modifications. This Agreement may not be modified, changed or deleted
unless in writing and executed by MWRD, the LCFPD and the Village. Any amendment to this
Agreement must be approved by the Parties' governing Boards.
J. Severability. It is hereby expressed to be the intent of the Parties to this Agreement that should
any provision, covenant, agreement, or portion of this Agreement or its application to any person,
entity, or property be held invalid by a court of competent jurisdiction, the remaining provisions
of this Agreement and the validity, enforceability, and application to any person, entity, or
property shall not be impaired thereby, but the remaining provisions shall be interpreted, applied,
and enforced so as to achieve, as near as may be, the purpose and intent of this Agreement to the
greatest extent permitted by applicable law.
K. No Third Party Beneficiary. This Agreement is entered into solely for the benefit of the Parties,
and nothing in this Agreement is intended, either expressly or impliedly, to provide any right or
benefit of any kind whatsoever to any person or entity that is not a Party or to acknowledge,
establish or impose any legal duty to any third party. Nothing herein shall be construed as an
express or implied waiver of any common law or statutory immunities or privileges of the
LCFPD, the Village or MWRD, or any of their respective officials, officers or employees.
L. Effective Date. This Agreement becomes effective on the Effective Date, which shall be the date
upon which the last signature is affixed hereto.
M. Termination for Convenience. MWRD shall have the right, at any time before the award of the
Construction Contract, to suspend or terminate this Agreement, with or without cause, for the
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9.A.a
convenience of MWRD without prejudice to any other remedy MWRD may have. In the event of
termination for MWRD's convenience, MWRD shall pay the Reimbursement Amount to LCFPD
within 30 days after such termination.
N. No Assignment. No Party may assign any rights or duties under this Agreement without the
prior express written consent of the other Parties.
O. Entire Agreement. This Agreement and the Original IGA and their respective exhibits contain
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the entire agreement among the Parties regarding the subject matter hereof. All negotiations
L_
between the Parties are merged in this Agreement, and there are no understandings or agreements,
verbal or written, other than those incorporated in this Agreement. The Original IGA will
continue in full force and effect except that, if there is a conflict between this Agreement and the �c
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Original IGA, this Agreement controls. a�� j
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9.A.a
IN WITNESS WHEREOF, the Metropolitan Water Reclamation District of Greater Chicago, Lake
County Forest Preserve District, and the Village of Buffalo Grove, the Parties hereto, have each caused
this Agreement to be executed by their duly authorized officers, duly attested and their seals hereunto
affixed on the dates specified below.
VILLAGE OF BUFFALO GROVE
Its: President
Attest: By:
Its: Clerk
FOYMM
DATE:
LAKE COUNTY FOREST PRESERVE DISTRICT
C
Its: President
Attest: By:
Its: Secretary
DATE:
DATE:
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9.A.a
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
Chairman of the Committee on Finance
Executive Director
ATTEST:
Date:
Clerk
APPROVED AS TO ENGINEERING, OPERATIONS, AND TECHNICAL MATTERS:
Date:
Engineer of Stormwater Management
Date:
Assistant Director of Engineering
Date:
Director of Engineering
Date:
Director of Maintenance and Operations
APPROVED AS TO FORM AND LEGALITY:
Date:
Head Assistant Attorney
Date:
General Counsel
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9.A.a
INDEX OF EXHIBITS
Exhibit A Legal Descriptions of Buffalo Creek Forest Preserve and Easement Property
Exhibit B Concept Plan depicting Expanded Reservoir and certain Preserve Improvements
Exhibit C List of Original Plans
Exhibit D List of 98% Plans
Exhibit E LAWCON Agreement
Exhibit F LAWCON Verification
Exhibit G Amendment to Grant
Exhibit H Temporary Easement Agreement
Exhibit I Standard MWRD Bond Form
Exhibit J Construction Contract
Exhibit K Insurance Requirements
Exhibit L-1 General Depiction of Maintenance Site
Exhibit L-2 Shoreline Maintenance Delineation
Exhibit M Tax Exemption Certificate and Agreement
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EXHIBIT A
LEGAL DESCRIPTION
Of Buffalo Creek Forest Preserve and Easement Property
Packet Pg. 82
9.A.a
PARCEL NO. MSD-,4- A flood easement over that part of the East, half
of the east half of the Northeast Quarter of the Southwest Qitarte.
of Section 31, Township 43 Horth, 'Range 11, East of the 3 8 P.M.
described as follows: Beginning at the Southeast corner of the North-
east uattet of the So,uthwast quarter of said Section 31, thence
Westerly along the South line of said Northeast quarter, 450.0 feet;
thence Northeasterly, along a straighit line to a point on the East
line of said Northeast quarter, which is 900.0 feet North of cue
.ace ofbeginning-, than- Southerly 900.0 feet to the place of
beginning, in Lake County, 111 .teals .
PARCEL . M8 -5w A flood ease rat over the f l'l described
tract, being a part of the South 15 aces of the Southwest u,artet
Southeast quarter of Section 8'1, T sh1 rt , ' 8e, ?W East
of the 3rd P.M. &, in lake County, Illinois: Corrnencing at the North-
west corner of said Siouth 18 acres and a ing thence East, along the
Xorth line thereof, a distance of 1328-55 Feet. more of less, to the
Northeast corner thereof; thence South, along the East line t%ete l`,
a distance of 495.77 feet, more or less. to the South East carnet
thereof, thence West.along, the South line of the; South Feat quarter
South East qu,arter el saia Section, 31, 400.0 feet to a t; thence
North, parallel with the East love of said South 15 aces 'to a, point
200.0 feet South of the North line thereof, thence West, along a line
parallel with avid 200.0 feet South frca said North line, a distance of
S28.77 feet,, more of less, to a point on the West line of the said
Beath 15 acres; thence N rth 200.0 feet to the place of 8e8, as ,a ,
in Lake County. 11 lint°ls ,.
PARCEL NO. 8 9 � A ,flood casement over that part, of the West ha',
of the North East quarter of Section 31, Township ship 8 North, Range
1, East ` the 3t8 P.M.. described as fill s: Beginnin at a point
ont e South llae of sa; North East quartet " Sect .. r� , 828.
feet East of the South West cornet thereof; thence North 88 degrees
l minutes 30 seconds East alga the South line of said North East
quarceir, 328.60 .feet, more or less, to a point. 172 feet. West of the
South East corner of the West half' of the North East uatter; thence
Nor,t,h 5 degrees 35 t,lnetes Wesr,, 719�75 feet, t ence tiatt" 8 degrees
1 minutes West, 257,94 feet to a 1,6ine, 326.0 feet, East of and parallel
With the West line of said North Eastquarter; thence South 0 degrees
03 minutes 10 sect 8s West along said parallel line, 719.6D feet to
the place oe8 mning, in Lake County. tty. Illinois.
Packet Pg. 83
PARCEL NO. MSD-6: A flood easement over the following described,
tract, being a part of the South 6.66 chains of the East 20 chains of
Lot 1 of the South West quarter of Section 31, Township 43 North,
Range 12, East of the Ad P.M., (except for the North 150 feet of
the West 547.8 feet and except for that part dedicated and
used for public roads) in 'Lake County, Illinois.
PARCEL NO. MSD-1: A flood easement over a tract of land described as
follows; Being a part of the West half of the Northeast quarter of
Section 31, Township 43 North, Range 11, East of the Ad lure M., in
Lake County, Illinois: Cbmmencing at the Southwest corner of the
West half of the Northeast quarter, of Section 3,1, Township 43 North,
Range 11, East of the 3rd P.R., thence North 89 degrees 27 minutes
02 seconds East, along the said line of said quarter Section, 1,154.15
feet to the point of beginning; thence North 05 degrees 49 minutes
40 seconds West, 71055 feet; thence North 89 degreea 38 minutes
43 seconds West, 381.08 feet; thence North —02 degrees 59 minuces 28
seconds West, 783,32 feet; thence North 89 degreis 30 minutes 1.6
seconds East, 275.00 feet; thence South 47 d,eg ees 28 minutes 52
seconds East, 117.54 feet; thence South 30 deirees 57 minutes 50
seconds West, 125.00 feet; thence South 21 degrees 21 minutes 12
seconds West. 249,90 feet; thence South 38 degrees 46 minutes 33
seconds East, 37.79 feet; thence North 90 egives 00 minutes 00
seconds East, 35.00 feet; thence South 60 degrees 15 minutes 18
seconds East, 201.56 feet; thence South 32 degrees 44 minutes 07
seconds Nast, 8302 feet; thence South 52 degrees 31 minutes 06
seconds East, 93.00 feet; thence South 17 degrees 51 minutes 14
seconds "West, 150.60 feet; thence South 01 degrees 00 minutes 13
seconds East, 681.99 feet to a point on the South line of' the West
half of the Northeast quarter which is 50 feet West of the Southeast
corner thereof; thence South 89 degrees 27 minutes 02 seconds West,
along the South line of said quarter Section, 122.00 feet, to the
point of beginning in Lake County, Illinois, containing 8.70 acres
(excepting therefrom all that part thereof falling in Checker Road).
I Packet Pg. 84
9.A.a
EXHIBIT B
Concept Plan Depicting Expanded Reservoir and Certain Preserve Improvements
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9.A.a
EXHIBIT C
List of Original Plans
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EXHIBIT C
Original plans prepared by Pearson Brown & Associates, Inc.
INDEX
1. COVER SHEET
2. GENERAL NOTES
3. OVERALL SITE PLAN
4. SHEET KEY MAP
5. PLAN & PROFILE -(STATIONS: 0+00 TO 14+00)
6. PLAN & PROFILE -(STATIONS: 14+00 TO 28+00)
7. PLAN & PROFILE -(STATIONS: 28+00 TO 40+00)
8. PLAN & PROFILE -(STATIONS: 40+00 TO 44+95)
9. PLAN & PROFILE -(STATIONS: 50+00 TO 64+00)
10. PLAN & PROFILE -(STATIONS: 64+00 TO 78+00)
11. PLAN & PROFILE -(STATIONS: 78+00 TO 83+73)
12. PLAN & PROFILE -(STATIONS: 100+00 TO 102+44, 110+00
TO 111+10, 120+00 TO 122+27)
13. OVERLOOK GRADING
14. PARKING LOT AREA GRADING
15. PARKING LOT AREA GEOMETRICS & SEEDING
16. COMPENSATORY STORAGE GRADING PLAN
17. STREAM BANK RESTORATION PLAN
18. STREAM BANK RESTORATION NOTES AND DETAILS
19. DETAILS
20. DETAILS
21. DETAILS
22. DETAILS
BOARDWALK PLANS — DFI BRIDGE CORPORATION
Al — A6. BOARDWALKS 1 & 3
131 — B3. BOARDWALKS 2 & 4
Latest Revised
Date
02/13/2013
02/13/2013
02/13/2013
02/13/2013
02/13/2013
02/13/2013
02/13/2013
02/13/2013
02/13/2013
02/13/2013
02/13/2013
02/13/2013
02/13/2013
02/13/2013
02/13/2013
02/13/2013
02/13/2013
02/13/2013
02/13/2013
02/13/2013
02/13/2013
02/13/2013
12/21 /2012
12/21 /2012
Packet Pg. 88
9.A.a
EXHIBIT D
List of 98% Plans
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CONTRACT 13-370-3F
98% PLAN SET
FEBRUARY 2, 2016
VOLUME 1 OF 4 — SIGNATURE BOOK
TITLE
DATED
PAGES
INVITATION TO BID
TBD
I-1 to I-6
MANDATORY TECHNICAL PRE -BID
09/08
M-1 to M-2
CONFERENCE CERTIFICATE
SITE VISIT RELEASE & INDEMNITY
09/08
SV-1 to SV-2
AGREEMENT
BIDDING REQUIREMENTS AND INSTRUCTIONS
10/14
R-1 to R-6
TO BIDDERS
PREVAILING WAGE RATES
TBD
R-7 to R-12
AUTHORITY FOR PROPOSAL
01/09
AU-1
PROPOSAL
TBD
P-1 to P-10
AFFIDAVIT
01/09
AF-1
AGREEMENT
TBD
A-1 to A-26
CONTRACTOR'S BOND
01/09
B-1 to B-2
MULTI -PROJECT LABOR AGREEMENT
07/98
1 to 6
MEMORANDUM OF UNDERSTANDING
07/02
7 to 8
CERTIFICATE OF COMPLIANCE WITH MPLA
09/05
9 to 10
APPENDIX C — AFFIRMATIVE ACTION
03/93
1 to 6
REQUIREMENTS
AFFIRMATIVE ACTION ORDINANCE
06/15
D-1 to D-23
REVISED APPENDIX D
ASSIST AGENCY LIST
06/15
AA-1 to AA-2
MBE, WBE, SBE UTILIZATION PLAN, WAIVER
06/15
UP-1 to UP-7
REQUEST AND THE MBE, WBE, SBE
SUBCONTRACTOR'S LETTER OF INTENT
APPENDIX K — DECLARATION OF POLICY,
01/09
K-1 to K-5
SPECIAL PROVISIONS FOR APPRENTICESHIPS
EXHIBIT C CONTRACTOR INFORMATION FORM
07/13
1-11
VOLUME 2 OF 4 — DETAILED SPECIFICATIONS
TITLE DATED PAGES
GENERAL CONDITIONS 09/15 GC-1 to GC-20
GENERAL SPECIFICATIONS 01/09 GS-1 to GS-16
GENERAL SPECIFICATIONS - CONCRETE 11/02 C-1 to C-12
GENERAL SPECIFICATIONS — SEWERS 11/02 GSS-1 to GSS-12
DIVISION 1 - GENERAL REQUIREMENTS
SECTION PAGES
Section 01 1100 General Summary of Work 011100-1 to 011100-6
Packet Pg. 90
9.A.a
SECTION
PAGES
Section 01 1216 Sequence of Work
012616-1 to 011216-4
Section 01 1217 Work Limitations and Constraints
011217-1 to 011217-4
Section 01 1413 Access to Project Site
011413-1 to 0 11413 -2
Section 012000 Price and Payment Procedures
012000-1 to 012000-6
Section 01 2500 Substitution Procedures
012500-1 to 012500-4
Section 01 2600 Contract Modification Procedures
012600-1 to 012600-6
Section 01 2663 Change Orders
012663-1 to 012663-12
Section 01 2666 Extension of Contract Time
012666-1 to 012666-4
Section 01 2675 Dispute Resolution Process
012675-1 to 012675-4
Section 01 3105 Web -Based Project Management System
013105-1 to 013105-4
Section 01 3115 Project Coordination and Meetings
013115-1 to 013115-6
Section 01 3216 Construction Project Schedule
013216-1 to 013216-24
Section 01 3300 Submittal Procedures
013300-1 to 013300-6
Section 01 3527 Safety and Occupational Health Requirements
013527-1 to 013527-8
Section 014000 Quality Requirements
014000-1 to 014000-6
Section 01 4210 References and Standards
014210-1 to 014210-34
Section 014613 Non -Conformance Form
014613-1 to 014613-2
Section 01 5000 Temporary Facilities and Controls
015000-1 to 015000-8
Section 01 5500 Vehicle Access and Parking
015500-1 to 015500-4
Section 01 5526 Traffic Control
015526-1 to 015526-8
Section 01 5626 Temporary Fencing
015626-1 to 015626-2
Section 01 5723 Temporary Stonn Water Pollution Control
015723-1 to 015723-6
Section 01 6000 Product Requirements
016000-1 to 016000-4
Section 01 7000 Execution and Closeout Documents
017000-1 to 017000-4
Section 01 7115 Mobilization and Demobilization
017115-1 to 017115-2
Section 01 7329 Cutting and Patching
017329-1 to 017329-4
Section 01 7419 Construction Waste Management
017419-1 to 017419-8
Section 01 7839 Project Record Documents
017839-1 to 017839-8
DIVISION 2 - EXISTING CONDITIONS
Section 02 0613 Geotechnical Baseline Report 020613-1 to 020613-2
Section 02 2400 Environmental Assessment 022400-1 to 022400-2
Section 02 4113 Site Demolition 024113-1 to 024113-6
Section 02 4114 Utility Abandonment 024114-1 to 024114-6
Section 02 4115 Utility Removal 024115-1 to 024115-6
Section 02 6113 Excavation and Handling of Contaminated 026113-1 to 026113-8
Material
DIVISION 3 - CONCRETE
Section 03 3000 Cast -in -Place Concrete 033000-1 to 033000-26
DIVISION 4 - MASONRY
Packet Pg. 91
9.A.a
SECTION PAGES
Section 04 4100 Dry -Placed Stone 044100-1 to 044100-6
DIVISION 31— EARTHWORK
Section 31 0513 Soils for Earthwork 310513-1 to 310513-4
Section 31 0516 Aggregates for Earthwork
310516-1 to 310516-4
Section 31 0519 Geosynthetics for Earthwork
310519-1 to 310519-4
Section 31 1005 Site Clearing and Grubbing
311005-1 to 311005-4
Section 31 1010 Selective Clearing
311010-1 to 311010-12
Section 312213 Rough Grading
312213-1 to 312213-6
Section 312316 Trench Excavation, Backfill, and Compaction
312316-1 to 312316-8
Section 31 2319 Control of Water
312319-1 to 312319-8
Section 312500 Erosion and Sediment Control
312500-1 to 312500-6
Section 31 3700 Riprap
313700-1 to 313700-6
Section 31 4116 Sheet Piling
314116-1 to 314116-6
DIVISION 32 — EXTERIOR IMPROVEMENTS
Section 32 0100 Protection and Repair of Pavements
320100-1 to 320100-4
Section 32 0513 Soils for Landscaping
320513-1 to 320513-6
Section 32 1123 Aggregate Base Course
321123-1 to 321123-6
Section 32 1216 Asphalt Paving
321216-1 to 321216-6
Section 32 1723 Pavement Markings
321723-1 to 321723-10
Section 32 3119 Vegetation Control
323119-1 to 323119-10
Section 32 3129 Split Rail Fence
323129-1 to 323129-4
Section 32 3300 Site Furnishings
323300-1 to 323300-4
Section 32 3400 Fabricated Bridges and Boardwalks
323400-1 to 323400-12
Section 32 7220 Natural Area Monitoring, Management, and
327220-1 to 327220-6
Reporting
Section 32 9119 Landscape Grading
329119-1 to 329119-6
Section 32 9123 Wetland Planting
329123-1 to 329123-10
Section 32 9219 Seeding
329219-1 to 329219-16
Section 32 9340 Native Tree and Shrub Planting
329340-1 to 329340-10
Section 32 9643 Woody Plant Materials Protection and
329643-1 to 329643-6
Trimming
DIVISION 33 — UTILITIES
Section 33 4213 Pipe Culverts 334213-1 to 334213-6
Section 33 4680 Subdrainage 334680-1 to 334680-4
VOLUME 3 OF 4 — SUPPLEMENTAL INFORMATION
Appendix A — Geotechnical Baseline Report
Packet Pg. 92
9.A.a
Appendix B — Environmental Assessment
Appendix C — Permits
VOLUME 4 OF 4 — PLANS
PAGE
SHEET
TITLE
1
TC-001
Cover Sheet
2
TS-001
Signature and Engineers Seals
3
TL-001
List of Contract Plans
4
TL-002
List of Contract Plans
5
LP-001
Location Plan
6
LP-002
Existing Conditions Overall Plan — West
7
LP-003
Existing Conditions Overall Plan — East
8
C-001
General Notes
9
C-002
Standard Abbreviations and Site Symbols
10
C-003
Control Data — West BM #5 — BM #9
11
C-004
Control Data— East BM #1 — BM #4
12
CE-101
Existing Conditions
13
CE-102
Existing Conditions
14
CE-103
Existing Conditions
15
CE-104
Existing Conditions
15
CE-105
Existing Conditions
16
CE-106
Existing Conditions
17
CE-107
Existing Conditions
18
CE-108
Existing Conditions
19
CE-109
Existing Conditions
20
CE-110
Existing Conditions
21
CE-111
Existing Conditions
22
CE-112
Existing Conditions
24
GE-101
Soil Boring Locations
25
CD-101
Demolition Plan
26
CD-102
Demolition Plan
27
CD-103
Demolition Plan
28
CD-104
Demolition Plan
29
CD-105
Demolition Plan
30
CD-106
Demolition Plan
31
CD-107
Demolition Plan
32
CD-108
Demolition Plan
33
CD-109
Demolition Plan
34
CD-110
Demolition Plan
35
CD-111
Demolition Plan
36
CD-112
Demolition Plan
37
CD-113
Tree Removal Tables
38
CD-114
Tree Removal Tables
Packet Pg. 93
9.A.a
PAGE
SHEET
TITLE
39
CD-115
Tree Removal Tables
40
CD-116
Tree Removal Tables
41
CD-117
Tree Removal Tables
42
CD-118
Tree Removal Tables
43
CD-119
Tree Removal Tables
44
CD-120
Tree Removal Tables
45
CS-101
SESC Plan and Construction Phasing Phase I —
West
46
CS-102
SESC Plan and Construction Phasing Phase I —
East
47
CS-103
SESC Plan and Construction Phasing Phase II —
West
48
CS-104
SESC Plan and Construction Phasing Phase II —
East
49
CS-105
SESC Plan and Construction Phasing Phase III
— West
50
CS-106
SESC Plan and Construction Phasing Phase III
— East
51
CS-107
SESC Plan and Construction Phasing Phase IV
— West
52
CS-108
SESC Plan and Construction Phasing Phase IV
— East
53
CS-109
SESC Plan and Construction Phasing Phase V —
West
54
CS-110
SESC Plan and Construction Phasing Phase V —
East
55
CS-111
SESC Plan and Construction Phasing Phase VI
— West
56
CS-112
SESC Plan and Construction Phasing Phase VI
— East
57
CS-501
SESC Details
58
CS-502
SESC Details
59
CS-503
SESC & Construction Phasing Notes
60
CS-504
SESC Notes
61
CT-101
Maintenance of Traffic Phase I
62
CT-102
Maintenance of Traffic Phase II
63
CT-103
Maintenance of Traffic Phase III
64
CT-104
Maintenance of Traffic Phase IV
65
CT-105
Maintenance of Traffic Phase V
66
CT-106
Maintenance of Traffic Phase VI
67
CT-501
Maintenance of Traffic Details
68
CT-502
Maintenance of Traffic Details
69
CT-503
Maintenance of Traffic Details
70
GC-101
Grading and Drainage Plan
71
GC-102
Grading and Drainage Plan
72
CG-103
Grading and Drainage Plan
73
CG-104
Grading and Drainage Plan
74
CG-105
Grading and Drainage Plan
75
CG-106
Grading and Drainage Plan
76
CG-107
Grading and Drainage Plan
77
CG-108
Grading and Drainage Plan
78
CG-109
Grading and Drainage Plan
79
CG-110
Grading and Drainage Plan
80
CG-111
Grading and Drainage Plan
81
CG-112
Grading and Drainage Plan
82
CG-113
Grading and Drainage Plan Parking Lot
83
CG-114
Grading and Drainage Plan Overlook
Packet Pg. 94
9.A.a
PAGE
SHEET
TITLE
84
CG-115
Grading and Drainage Plan — Site Detail West Unnamed Tributary —
Profile
85
CG-116
Grading and Drainage Plan — Site Detail Buffalo Creek Tributary `A'
- Profile
86
CG-117
Riprap Geometric Plan Buffalo Creek Tributary "A"
87
CG-118
Buffalo Creek Tributary 'A' Grade Control Structures #1 Elevations
88
CG-119
Buffalo Creek Tributary 'A' Grade Control Structure #2 & #3
Elevations
89
CG-120
Main Stem Buffalo Creek Stream Restoration
90
CG-121
West Unnamed Tributary Stream Restoration
91
CG-201
Plan & Profile STA 107+00 TO STA 118+00
92
CG-202
Plan & Profile STA 118+00 TO STA 129+00
93
CG-203
Plan & Profile STA 129+00 TO STA 140+00
94
CG-204
Plan & Profile STA 140+00 TO STA 148+00
95
CG-205
Plan & Profile STA 148+00 TO STA 152+63
96
CG-206
Plan & Profile STA 200+00 TO STA 211+00
97
CG-207
Plan & Profile STA 211+00 TO STA 222+00
98
CG-208
Plan & Profile STA 222+00 TO STA 233+73
99
CG-209
Plan & Profile STA 250+00 TO STA 252+44, STA 260+00 TO STA
261+29, STA 270+00 TO STA 272+27
100
CG-210
Plan & Profile STA 300+00 TO STA 311+00
101
CG-211
Plan & Profile STA 311+00 TO STA 321+96
102
CG-212
Plan & Profile STA 350+00 TO STA 351+91, STA 400+00 TO STA
406+90
103
CG-501
Grading Details
104
CG-502
Grading Details
105
CG-503
Grading Details
106
CG-504
Grading Details
107
CG-505
Grading Details
108
CG-506
Grading Details
109
CG-507
Grading Details
110
CG-508
Grading Details
111
L-101
Landscape Plan
112
L-102
Landscape Plan
113
L-103
Landscape Plan
114
L-104
Landscape Plan
115
L-105
Landscape Plan
116
L-106
Landscape Plan
117
L-107
Landscape Plan
118
L-108
Landscape Plan
119
L-109
Landscape Plan
120
Lr110
Landscape Plan
121
Lr111
Landscape Plan
122
Lr112
Landscape Plan
123
L -113
Tree and Shrub Planting Plan — West
Packet Pg. 95
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PAGE
SHEET
TITLE
124
L-114
Tree and Shrub Planting Plan — East
125
L-115
Tree and Shrub Planting Schedule
126
L-116
Limits of Natural Areas — West Monitoring, Management and
Reporting
127
L-117
Limits of Natural Areas — East Monitoring, Management and Report
Reporting
128
L-501
Landscape Details
129
S-101
Boardwalk #1 — Ten Ton Plan View, Side View, & Notes
130
S-102
Boardwalk #2 — Ten Ton Plan View, Side View, & Notes
131
S-103
Boardwalk #3 — Ten Ton Plan View, Side View, & Notes
132
S-104
Boardwalk #4 — Ten Ton Plan View, Side View, & Notes
133
S-105
Boardwalk #5 — Ten Ton Plan View, Side View, & Notes
134
S-106
Boardwalk #6 — Ten Ton Plan View, Side View, & Notes
135
S-107
Boardwalk #7 — Ten Ton Plan View, Side View, & Notes
136
S-501
Boardwalks #1 - #7 — Ten Ton Plan & Elevation
137
S-502
Boardwalks #1 - #7 — Ten Ton Sections & Details
138
S-503
Boardwalks #1, #4, #6 — Ten Ton Free Span Plan & Side Elevation
139
S-504
Boardwalks #l, #4, #6 — Ten Ton Free Span Sections & Details
140
S-505
Boardwalks #1, #4, #6 — Ten Ton Diaphragm Section & Detail
Packet Pg. 96
9.A.a
EXHIBIT E
LAWCON Agreement (dated 8/27/1993)
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V 1J
OF
/PROJECT
CONSERVATION
Project
Title Buffalo Creek Trail
Project Objective
P. S.
Project Humber 17-00910
Contract Number 1
The Lake County Forest Preserve District will develop Buffalo Creek Preserve with 4.0
miles of bicycle/walking trails, parking areas and entrance road, well hand pump, Prairie
rehabilitation/reforestation of 100 acres and the construction of three foot bridges.
The development of this site will be in.general accordance with plans and costs estimates
submitted with the approved grant application.
Project
Period From, July 13, 1993 Tot December 31, 1994
ITEMS TOTAL COSTS U.S. OBLIGATION
(estimated)
$ 420,000.00 $ 190,000.00
TOTAL COSTS $ 420,000.00
S 190,000.00
(,estimated)
Payable to (Agency; Fund, Treasurer) of P.S.: Lake County Forest Preserve District
F'EINI 03-6609339
Address: 2000 North Milwaukee Avenue
Libertyville, IL 60048
The State of Illinois, represented by the Director of the Dcparanent of Conservation, on britalf of the U.S. Secretary of the Interior acting under authority granted by the L
d Water Conservation Fund Act of 1965, (P. L. 88-578, 78 Stat. 897), hereby promises, in consideration of the promises and assurances made by the P.S. herein, to oblil
to the P.S. the amount of tnoncy stipulated herein, and to tender to the P.S. that portion of the obligation which is required to pay the federal share of herein described, elig
project costs. Obligations of the State of Illinois will cease irnnudistaly, without penalty of further payment being requited, if in any fiscal year the Illinois General Assea
or Federal funding source fails to appropriate or otherwise make available sufficient funds for this Agreement.
The P.S.of the State of Illinois hereby promises and agrees, in consideration of the promises nude herein by the state of Dlinois, to execute the above project proposal, indw
operation b naainterlance of the project site, in accordance with the tetras, promises, conditions and procedures contained herein and in the approved project application, pis
specifications and cost estimates which are hereby made a part hereof.
fi+'rV `
Si ature ( to ficial)
e;z'. `fit : _
Signature (P.S. Official)
Director
IL Devartment of Conservation
Title (State Official)
President
lake Co. Forest Preserve District
Title (P.S. Official)
M-nh'z'
Date
Date
NOTE: The term P.S. means Political Subdivision
Packet Pg. 98
9.A.a
GENERAL PROJECT CONDITIONS
A. Assurance of Compliance. In connection with the performance of work under this Agreement, the P.S. sprees as follows:
(1) To execute the herein referenced project proposal, and subsequent operation and maintenance, in accordance with the Land &
Water Conservation Fund Act of 1965 (P.L. 88-578). provisions of the Land & Water Conservation Fund Grants Manual, the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91.646). 17 IL Adm. Code 3030, and
all applicable State and federal regulations pursuant thereto; and to obtain from the IL Department of Conservation written
approval for any change or conversion of planned outdoor recreation use of the project site prior to initiating the usage change
or conversion.
12) To comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), Section 504 of the Rehabilitation Act of 1973 (P.L. 93-
112) as amended, and the Age Discrimination Act of 1975 (P.L. 94-135) and all requirements imposed by or pursuant to the
Department of the Interior Regulation 43 CFR 17 issued pursuant to these public acts, to the and that no person in the United
States shall, on the grounds of race, color, sex, national origin, age, or disability, be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination under any program or activity for which the P.S. receives financial
assistance from the U.S. Department of the Interior and hereby gives assurance that it will immediately take any measures to
effectuate this Agreement.
B. Nondiscriminat(on in the Use of Facilities.
(1) The P.S., its employees, operators, lessees, and sublessees in the operation of any structure or other facility acquired or
constructed under the Acts, shall not,
(a) Publicize the facilities, accommodations, or any activity conducted therein in any manner would directly or inferentially
reflect upon or question the acceptability of any person because of race, color, sex, national origin, age or disability;
(b) Discriminate, by segregation or other means, against any person or persons because of race, color, sex, national origin,
age or disability in furnishing or refusing to furnish such person the use of any accommodations, facilities, services,
or privileges available to the general public.
(2) The P.S. shall post the following notice in such a manner where any facility is available as to insure that its contents will be
conspicuous to any person seeking the use of any facility:
No discrimination by segregation or other means in the furnishing of accommodations, facilities, services, or privileges
on the basis of race, color, sex, national origin, age or disability, is permitted in the use of this facility.
(3) The P.S. agrees that the herein referenced project site shall be open and available to the general public and shall not impose use
restrictions which discriminate on the basis of residence, including preferential reservation, membership or annual permit systems
except to the extent that reasonable differences in admission and other fees may be maintained on the basis of residence. (Fees
charged to non-residents cannot exceed twice that charged to resident. Where there is no charge for residents but a fee is
charged to non-residents, non-resident fees cannot exceed fees charged for residents at comparable State or local public
facilities. Reservations, membership or annual permit systems available to residents must also be available to non-residents and
the period of availability must be the some for both residents and non-residents.)
(4) The P.S. shall in all of its contracts or other forms of agreement require inclusion and compliance with provisions identical with
those stated in (1) and (2) herein.
C. Officials Not to Benefit. No member of or delegate to Congress, or resident Commiasioner, shall be admitted to any share or any part of this
Agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this Agreement if made with a
corporation for its general benefit. The P.S. certifies that none of its officials or employees has a financial or other personal interest in any real
property acquired/developed in connection with this project or any contracts therewith unless such interests is openly disclosed upon the public
records of the P.S., and such officer or employee has not participated in the decisions affecting said acquisition/development project.
D. Statements and Payrolls, The regulations of the Secretary of Labor applicable to contractors and subcontractors (29 CFR Part 3) made pursuant
to the Copeland Act, as amended (40 U.S.C. sec. 276c), and to aid in the enforcement of the Anti -Kickback Act (18 U.S.C. sec. 874) are made
a part of this Agreement by reference. The P.S. will comply with these regulations and any amendment or modification thereof and the P.S. prime
contractor will be responsible for the submission of statements required of subcontractors thereunder. The foregoing shall apply except as the
Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions.
i
I
Packet Pg. 99
9.A.a
E. land Purchase, The Federal Aid share in the price of land or any interest therein acquired by the P.S. cannot exceed 50 percent of the market
value of said lands as detemwned by the U.S. Department of the Interior.
F. Effective Date of Segments. The effective date of each project segment shall be the date the Project Agreement is approved or the date shown
under the caption 'Project Period', whichever is later. The P.S. will not be eligible to receive Federal Aid funds for expenses incurred before the
effective date.
G. Bribery Clause, The P.S. hereby certifies that, 'To the best of its knowledge, none of its officers or employees have been convicted of bribery
or attempting to bribe an officer or an employee of the State of Illinois, nor has any officer or employee made an admission of guilt of such conduce
which is a matter of record'.
Ca
H. Drug Free Workplace. The P.S. certifies that it provides a drug free workplace and related employee assistance as defined by the Drug Free �.
Workplace Act (IL Rev. Stat., Ch. 127, par. 152.311).
I. Record Retention, The P.S. shall maintain, for a minimum of 5 years after project completion and LWCF grant fund distribution, adequate vi
financial accounts, documents and records to verify the financial claims and uses of all LWCF funds disbursed pursuant to this Agreement; and shall
make such accounts, documents and records available to the Illinois Department of Conservation and Auditor General's Office at reasonable times
for auditing purposes. Failure to maintain the specified accounts documents and records required herein shall establish a presumption in favor of
the State of Illinois for recovery of any funds paid by the State under this Agreement for which adequate accounts, documents and records are not
available to substantiate their purported disbursement. O
fYl
th
SPECIAL PROJECT CONDITIONS
r`-
0
CV
1. All overhead utilities on the project property, excepting electric lines over 15kv, must be buried or otherwise screened.
2. No easements or other land encumbrances may be granted on the project property without the prior written approval of the
Illinois Department of Conservation and the National Park Service.
3. No portion of project property maybe traded, sold or otherwise exchanged, nor converted from outdoor recreation use, without
I j
the prior written approval of the Illinois Department of Conservation and the Notional Park Service.
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4. No indoor buildings, exclusive of service/support structures or sanitary facilities may be constructed on the property acquired
and/or developed hereunder without prior written approval from the Illinois Department of Conservation and the National Park
Service.
—
S. Project sponsor shall comply with 43 CFR, part 12, subpart B'Audit Requirements for State and local governments' as required
by the Single Audit Act of 1984, (PL 98-502).
Revised 4/93
Packet Pg. 100
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STATE OF ILLINOIS10CPA4TM6WT OF CONSERVATION
OSLAD/LWCF PROJECT APPLICATION
DOC - 4 / DEVELOPMENT DATA
1. Project Sponsor Lake QxrtFbrwt Dist
2. Project Title Buffalo Crtek Trails
3. Acquisition Development X
NOTE: Acquisition Projects - complete items 04 and #6 below as they pertain to -future development.
Also, indicate anticipate schedule for proposed development.
4. DEVELOPMENT ITEM
5. UNITS
I 6. ESTIMATED COSTS
I 7. CONSTRUCTION
METHOD •
101 wide trail
4 m i
150,000
501000
c-
f
Parkinc; lot & Entrance Road
30 car
35 X 00
c
Comfort Station
1
14,OM
Cf
Foot -bridges
12
30,000
iwell- hand
1
41000
C
,Signage-site, directional,
130
19110
Iregulatory and interpretive
Gates
15
I
5000
i 1,,200
11 Cf
,Fencing
10,0= 1. f
LU i LW
2,500 i
0
f
Erosion control
1
1 2,000
► c
Prarie rehabilitation,
100 acres
7j
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f
,reforestation,.restoration
1Equipment rental 12
1
5,000
f
!Fees - Lanscane Architectural
400 hours
3,0C)o
f
Idesign, permits, meetings
Exa-ineer Fees. hridgps
100 hal)rs
6. sm
el
c subtotal
350,000
70,200
I f subtotal
TnTAI CCTTUAT
420,200
r.rnUTD&rT
Note: Donated tabor and material are not eligible for reimbursement.
8. ARCHITECTURAL I ENGINEERING FIRM:
Thomas F. Bleck, P.E., Architects/Engineers
Waukegan, Illinois
F*FORCE ACCT.
O&DONATED LABOR
OR MATERIAL
I PacketEg. 1:0:2::] 1
9.A.a
EXHIBIT F
LAWCON Verification
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f, LL i NO IS
111inois DePartrnent of'
Natural Resources
i—A �rJ R—AL
R,, ESCURCE S
Mr. Randall Seebach
Director of Planning and Land Preservation
Lake County Forest Preserve District
1899 West 10,linchester Road
Libertyville, IL 60048
Dear Mr. Seebach:
Bruc,�: �,Unnicr, Cim �:rnor
� � I . . .. .......... - --------
'A avuc.V Rveathal. Direvor
May 20, 2016
RE. Land & Water Conservation Fund Grant Prograrn
(LWCF)
Project: 17-00910
Buffalo Creek Preserve
I have reviewed all the documents you submitted for the expansion of the existing reservoir at Buffalo Creek
Preserve. The Intergoverruriental Agreement between the Metropolitan Water & Reclamation District
(MWRD), Village of Buffalo Grove and the Lake County Forest Preserve District is approved. All grant
concerns that I outlined in my previous letter have been addressed by this agreement and your cover letter.
The expansion and trail modifications do not constitute a conversion of use at this federally ffinded grant
assisted property. The project proposed is considered two things, an enhancement of recreational opportunities
and an infrastructure improvement to help with the storm water problem in that area of Lake County.
Accomplishing both together within one project is smart.
Please remember this office will need confirmation that everything was completed correctly and to the District's
satisfaction, along with photos at the end of the protect presumably, the fall of 2018.
You will need to contact the grants main line (217/782-7481) or send a message to the grants mailbox
(dpE...(y �Iii" )ov) in the future as I don't know who will be handling compliance issues at this point.
- ,rants!. illinois.g
Thank you for your thoroughness and desire to finalize all the plans and agreements in a timely manner so this
project can start progressing soon. It has been a pleasure working with you.
Sincerely,
Jan Nation
Senior Grant Administrator
I Packet Pg. 104 1
9.A.a
EXHIBIT G
Amendment to Grant
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9.A.a
Prepared by and
after recording return to
Matthew E. Norton
HOLLAND & KNIGHT LLP
131 S. Dearborn St.
Chicago, Illinois 60603
(312) 578-6564
AMENDMENT TO
PERPETUAL EASEMENT GRANT
THIS AMENDMENT TO PERPETUAL EASEMENT GRANT is dated as of, and shall take
effect as of, the day of , 2016, is approved by the LAKE COUNTY
FOREST PRESERVE DISTRICT, a body politic and corporate, organized and existing under the
Downstate Forest Preserve District Act, 70 ILCS 805/0.01 et seq. ("LCFPD") and the
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, a unit of local
government and body corporate and politic existing under the laws of the State of Illinois
("MWRD'), and amends that certain "Perpetual Easement Grant" executed by LCFPD on March
1, 1984, pursuant to which LCFPD granted a certain easement to MWRD, and recorded with the
Lake County Recorder of Deeds as Document No. 2269954 (the "Original Grant').
IN CONSIDERATION of the recitals, mutual covenants and agreements set forth herein,
and in that certain "Intergovernmental Agreement for Design, Construction, Use, Operation, and
Maintenance of Stormwater and Recreational Improvements at the Buffalo Creek Forest
Preserve" between LCFPD, MWRD, and the Village of Buffalo Grove dated as of
, 2016 (the "New IGA'), and other good and valuable consideration, the
receipt of which is hereby acknowledged, LCFPD and MWRD agree as follows:
SECTION 1. AMENDMENT TO ORIGINAL GRANT. The Original Grant shall be and hereby is
amended as follows:
A. References to Sanitary District.
All references to the "Metropolitan Sanitary District of Greater Chicago" in the
Original Grant shall be deemed to refer to MWRD.
B. Original Grant Subject to New IGA.
Packet Pg. 106
9.A.a
The second paragraph of the Original Grant is hereby amended by deleting the
13t", 14t", and 15t" lines thereof and replacing them with the following text (new text
is underlined):
OF GREATER CHICAGO dated June 23, 1977, and the
"Intergovernmental Agreement for Design, Construction, Use, Operation,
and Maintenance of Stormwater and Recreational Improvements at the
Buffalo Creek Forest Preserve" between the Lake County Forest Preserve
District, the Metropolitan Water Reclamation District of Greater Chicago,
and the Village of Buffalo Grove dated as of , 2016 (the
"New IGA"), which Agreements are incorporated by reference herein and
made a part hereof, as though set forth in full. In the event of a conflict
between the New IGA and such other Agreements or between the New
IGA and this Grant, then, in all cases, the New IGA shall control.
SECTION 2. GENERAL PROVISIONS.
All of the other provisions of the Original Grant shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
on the date first above written.
The undersigned execute this Agreement on the dates next to their signatures and
acknowledge that this Agreement will become effective as of the Effective Date.
(SIGNATURE PAGES FOLLOWS)
#46736819_v2 2
Packet Pg. 107
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Lake County Forest Preserve District
By:
Name: Ann B. Maine
Title: President
Attest:
By:
Name: Julie Gragnani
Title: Board Secretary
STATE OF ILLINOIS )
COUNTY OF LAKE ) S.S.
I, , a notary public in and for the county and state aforesaid, do
hereby certify that Ann B. Maine, personally known to me to be the same person whose name
is subscribed to the foregoing instrument as such President of the Lake County Forest Preserve
District appeared before me this day in person and acknowledged that she signed and delivered
this Amendment to Perpetual Easement Grant, for the uses and purposes therein set forth.
Given under my hand and seal this day of A.D. 20 at
, Illinois.
My commission expires
STATE OF ILLINOIS )
COUNTY OF LAKE ) S.S.
I, , a notary public in and for the county and state aforesaid, do
hereby certify that Julie Gragnani, personally known to me to be the same person whose name
is subscribed to the foregoing instrument as such Board Secretary of the Lake County Forest
Preserve District appeared before me this day in person and acknowledged that she signed and
delivered this Amendment to Perpetual Easement Grant, for the uses and purposes therein set
forth.
Given under my hand and seal this day of A.D. 20 at
, Illinois.
My commission expires
#46736819_v2 3
Packet Pg. 108
9.A.a
Metropolitan Water Reclamation District
Name: Frank Avila
Title: Chairman of Committee on Finance
Attest:
Name: Jacqueline Torres
Title: Clerk/Director of Finance
STATE OF ILLINOIS )
COUNTY OF ) S.S.
I, , a notary public in and for the county and state aforesaid, do hereby
certify that , personally known to me to be the same person whose
name is subscribed to the foregoing instrument as such of the
Metropolitan Water Reclamation District appeared before me this day in person and
acknowledged that s/he signed and delivered this Amendment to Perpetual Easement Grant, for
the uses and purposes therein set forth.
Given under my hand and seal this day of A.D. 20 at
, Illinois.
My commission expires
STATE OF ILLINOIS )
COUNTY OF ) S.S.
I, , a notary public in and for the county and state aforesaid, do hereby
certify that , personally known to me to be the same person whose
name is subscribed to the foregoing instrument as such of the
Metropolitan Water Reclamation District appeared before me this day in person and
acknowledged that s/he signed and delivered this Amendment to Perpetual Easement Grant, for
the uses and purposes therein set forth.
Given under my hand and seal this day of A.D. 20 at
, Illinois.
My commission expires
#46736819_v2 4
Packet Pg. 109
9.A.a
EXHIBIT H
Temporary Easement Agreement
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TEMPORARY EASEMENT GRANT
THIS GRANT OF TEMPORARY EASEMENT, made this day of
A.D. 2016 from the LAKE COUNTY FOREST PRESERVE DISTRICT
(hereinafter called the "Grantor") to the METROPOLITAN WATER RECLAMATION
DISTRICT OF GREATER CHICAGO, a municipal corporation organized and
existing under the laws of the State of Illinois (hereinafter termed the "District"), 100
East Erie Street, Chicago, Illinois 60611.
WITNESSETH. THAT
WHEREAS, in accordance with Illinois State Law (70 ILCS 2605/7h)
Stormwater Management shall be under the general supervision of the District,
which has the authority to plan, manage, implement and finance activities
relating to Stormwater Management in Cook County; and
WHEREAS, the District is about to construct its BUFFALO CREEK
RESERVOIR EXPANSION; CONTRACT 13-370-3F with appurtenances, thereto,
(hereinafter termed the "Project"); and
Packet Pg. 111
9.A.a
WHEREAS, for the purpose of facilitating the construction of the Project,
it is necessary for the District to obtain a temporary easement, right, privilege,
and authority during the construction of the Project, to use certain additional
real estate, hereinafter described, for access to the work, transportation, and
storage of materials, tools, equipment and surplus excavation; and
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WHEREAS, for the purpose of facilitating continued maintenance and o
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operation of the Project, the Grantor is willing to grant said temporary
easements, rights, privileges, and authority to the District, upon the terms and
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conditions herein set forth; U
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NOW, THEREFORE, in consideration of the sum of TEN DOLLARS AND
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00/ 100 ($10.00) in hand paid by the District to the Grantor, and other good and c
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valuable consideration including, but not limited to, the benefits of the
improvements derived from the Project, the receipt of which is hereby
acknowledged, and the covenants and conditions hereinafter contained, the W
Grantor does hereby bargain, sell, grant, transfer and convey to the District, its
successors and assigns, the temporary easement, right, permission, and
authority to construct, reconstruct, repair, replace, operate, maintain and have
access to the Project through the following described premises hereinafter
referred to as the easement premises:
Parcel A - Temporary Easement
(For legal descriptions, see inserted pages 2A & 2B)
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9.A.a
GRANTOR: Lake County Forest Preserve District
PARCEL A —TEMPORARY EASEMENT
THAT PART OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER
OF THE SOUTHEAST 1 /4 OF SECTION 36, TOWNSHIP 43 NORTH, RANGE 10
EAST AND THE NORTH HALF OF GOVERNMENT LOT 2 AND THE SOUTH 1 /2
OF GOVERNMENT LOT 2 OF THE SOUTHWEST QUARTER OF SECTION 31,
TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN;
MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTH HALF OF
GOVERNMENT LOT 2 OF THE SOUTHWEST QUARTER OF SECTION 31,
TOWNSHIP 43 NORTH, RANGE 11 EAST; THENCE NORTH 10 DEGREES 18
MINUTES 16 SECONDS EAST A DISTANCE OF 57.85 FEET TO A POINT;
THENCE SOUTH 89 DEGREES 45 MINUTES 08 SECONDS EAST A DISTANCE
OF 16.02 FEET TO A POINT; THENCE NORTH 00 DEGREES 05 MINUTES 34
SECONDS EAST A DISTANCE OF 1862.61 FEET ALONG THE EAST LINE OF
GOVERNMENT LOT 2 TO THE NORTHEAST CORNER OF GOVERNMENT LOT
2; THENCE SOUTH 89 DEGREES 44 MINUTES 11 SECONDS WEST A
DISTANCE OF 1310.50 FEET ALONG THE NORTH LINE OF GOVERNMENT LOT
2 TO THE NORTHWEST CORNER OF GOVERNMENT LOT 2; THENCE NORTH
00 DEGREES 14 MINUTES 35 SECONDS WEST A DISTANCE OF 431.63 FEET
TO A POINT; THENCE NORTH 89 DEGREES 59 MINUTES 19 SECONDS WEST
A DISTANCE OF 1283.98 FEET ALONG THE NORTH LINE OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 43
NORTH, RANGE 10 EAST TO THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36,
TOWNSHIP 43 NORTH, RANGE 10 EAST; THENCE SOUTH 00 DEGREES 06
MINUTES 46 SECONDS EAST A DISTANCE OF 1121.97 FEET ALONG THE
WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 36 NORTH, TOWNSHIP 43 NORTH, RANGE 10 EAST TO A POINT;
THENCE SOUTH 89 DEGREES 53 MINUTES 14 SECONDS WEST A DISTANCE
OF 30.00 FEET TO A POINT; THENCE SOUTH 00 DEGREES 06 MINUTES 46
SECONDS EAST A DISTANCE OF 1225.90 FEET ALONG THE WEST LINE OF
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36,
TOWNSHIP 43 NORTH, RANGE 10 EAST TO THE SOUTHWEST CORNER OF
THE SOUTEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36,
TOWNSHIP 43 NORTH, RANGE 10 EAST; THENCE NORTH 89 DEGREES 56
MINUTES 32 SECONDS EAST ALONG THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 43
NORTH, RANGE 10 EAST AND THE SOUTH LINE OF THE SOUTH HALF OF
GOVERNMENT LOT 2 OF THE SOUTHWEST QUARTER OF SECTION 31,
TOWNSHIP 43 NORTH, RANGE 11 EAST A DISTANCE OF 2592.28 FEET TO
THE POINT OF BEGINNING.
AREA = 5,557,024.71 square feet or 127.572 acres.
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Packet Pg. 113
9.A.a
PINS: 14-36-400-002-0000, 14-36-400-006-0000, 15-31-300-007-0000, 15-31-
300-009, 15-31-300-012-0000, AND 15-31-300-013-0000
ALL AS SHOWN ON A PLAT MARKED EXHIBIT H ATTACHED HERETO AND
MADE A PART HEREOF.
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Packet Pg. 114
9.A.a
IN CONSIDERATION of the grant of the temporary easements, rights,
privileges, and authority herein contained, this Easement Grant is subject to the
following conditions:
FIRST: Said part of the Project shall be constructed by the District upon, over,
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and through the easement premises described herein, in accordance with the
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specifications and plans prepared by the Director of Engineering of the District o
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and that certain "INTERGOVERNMENTAL AGREEMENT FOR DESIGN,
CONSTRUCTION, USE, OPERATION, AND MAINTENANCE OF STORMWATER
L
AND RECREATIONAL IMPROVEMENTS AT THE BUFFALO CREEK FOREST
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PRESERVE" (the "Intergovernmental Agreement"). 3
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SECOND: District expressly assumes all responsibility for, and shall indemnify, c
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save, and keep harmless the Grantor against any loss, damage, cost or expense W
which it may suffer, incur or sustain, or for which it might become liable growing
out of any injury to or death of persons, or loss, or damage to property, arising w
out of or caused in the performance of any work done by or under the authority 3
of the District by virtue of the rights granted herein. In the event of the bringing
of any action, suit or suits, against the Grantor growing out of any such loss, m
damage, cost or expense, and as a prerequisite to any recovery therefore from a
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the District, the Grantor shall give written notice to the District of the 0
commencement of such action, suit or suits, and thereafter the District shall W
assume the defense thereof. The District shall save and keep harmless the
Grantor from any claims for mechanics' liens by reason of any construction work, LL
repairs, replacements, or other work, or for any improvements made or placed
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upon or to the easement by the District.
The rights and obligations of the Grantor and the District, respectively a
hereunder, shall inure to the benefit of and be binding upon their respective
successors and assigns, and all terms, conditions, and covenants herein shall
be construed as covenants, running with the land. The District has the right to
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Packet Pg. 115
9.A.a
assign the easement rights granted herein, and upon assignment shall notify the
Grantor or its successors within 30 days.
THIRD:
(a) The Grantor and its successors, assigns, and beneficiaries shall not
construct a building or buildings or other structures upon said
temporary easement until the Project is in place. However, the
Grantor may construct, or allow construction of, a wireless
telecommunications tower, ancillary equipment, and access thereto,
in the location depicted on the attached map as the 60'x60' "Tower
Compound", if such construction and the use of such tower will not
unreasonably interfere with the Project. The Grantor may grant a
non-exclusive easement or license to allow the use of such tower,
equipment, and access.
(b) The Grantor and its successors, assigns, and beneficiaries shall not
use the temporary easement for dumping or storage of soil, trash,
abandoned vehicles, appliances, machinery, or other materials.
(c) The Grantor and its successors, assigns, and beneficiaries shall not
perform any grading, filling, excavation, dredging, drilling, or
removal of topsoil, sand, gravel, rock, peat, and other materials,
except as necessitated by maintenance.
FOURTH: The District shall, after the Project is constructed, restore the
temporary easement premises to their original or better condition as stated in
the General Specifications of the District for the Project and the
Intergovernmental Agreement. All such restoration work will be completed
within 60 days after the Project is constructed, weather conditions permitting.
FIFTH: The Grantor hereby acknowledges that it has been advised of its rights
under the Relocation Assistance and Real Property Acquisition Policies Act of
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9.A.a
1970 (P.L. 91-646) by the District or is otherwise familiar with same; that the
transaction embodied in the foregoing document is subject to said P.L 91-646;
and that notwithstanding that the rights afforded it thereunder does hereby
knowingly and intentionally waive and relinquish any and all rights which it may
have thereunder and acknowledges that the consideration paid for the easement
aforesaid is fair and reasonable.
SIXTH: The temporary easement shall terminate on the completion of the
construction of the Project within the Easement premises.
SEVENTH: Notwithstanding the foregoing provision, the District hereby reserves
the right to terminate this Easement at any time during the Easement term.
Such notice shall be in writing.
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9.A.a
IN WITNESS WHEREOF:
The Grantor has executed this instrument consisting of 10 pages,
including the inserted pages 2A and 2B AND Exhibit H, and this page, in
quadruplicate, and has hereunto set their hand and seal on the day and date
first written above, hereby releasing and waiving all rights under and by virtue
of the Homestead Exemption Laws of the State of Illinois.
SEAL
Attest:
Title:
Agreed:
[Lake County Forest Preserve District]
12
Title:
[Metropolitan Water Reclamation
District of Greater Chicago]
Title:
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Packet Pg. 118
9.A.a
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
a Notary Public in and for the County and
State aforesaid, do hereby certify that
and
of Lake County Forest Preserve District,
who are personally known to me to be the same persons whose names are
subscribed in the foregoing instrument as such
M.- rsI
appeared before me this day in person and acknowledged that he signed,
sealed, and delivered the said instrument of writing as their free and voluntary
act, of the said Lake County Forest Preserve District for the uses and purposes
therein set forth.
GIVEN under my hand and my Notarial Seal this day of
My Commission expires:
, A.D. 2016.
A.D., 20.
Notary Public
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Exhibit H.2
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Lake County Forest Preserve District Courtesy Copy Only Prepared using information
189
8 W Winchester Rd Legend Property boundaries Indicated are provided Lake County Department of
Libertyville, Illinois 60048 for general location purposes. Worland 8 Technology: OISIMappin
847-868-3351 %'x/'✓ and flood limits shown are approximate and 18 North County Street
4
wwwJNpd-erg Forest Preserve Property Tower Compound: 80' x 80 ��,/�, LCWI Wetlands sho,ad not be sad to erminedetsamaoks for Waukegan lue,oia 6008e4
Feet structure or as a bass for purchasing property, 847-377-2373
0 35 70 140 Forest Preserve Trails ®Access Road 2014 Aerial Photo Map Prepared t Apra 2016
9.A.a
EXHIBIT I
Standard MWRD Bond Form
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9.A.a
January 2009 B-1
THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
CONTRACTOR'S BOND
PERFORMANCE AND PAYMENT FOR LABOR AND MATERIALS
BOND NO.
Know All Men by These Presents, That We
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....................................................................................... on account of infringement of patents on the process of sewage 0
....................................................................................... treatment used and moreover shall pay to the Dual Obligees any sum L
.......................................................................................
or sums of money determined by the Engineer to be due the Dual
hereafter referred to as Principal, and ....................................
Obligees by reason of any failure or neglect in the performance of
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.......................................................................................
said contract, and shall pay for all materials used in said work and
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.................................................................. ....................
for all labor performed in such work whether by subcontractors or
.......................................................................................
otherwise, and shall pay all valid claims and demands whatsoever,
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as Surety, are held and firmly bound unto the Metropolitan Water
and shall defend, indemnify, and hold harmless the Dual Obligees,
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Reclamation District of Greater Chicago and Lake County Forest
their Commissioners, officers, agents and employees against loss or
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Preserve District, collectively the "Dual Obligees" in penal sum
expense by reason of any liability imposed by law upon the
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of....................................................................................
Metropolitan Water Reclamation District of Greater Chicago, its
.......................................................................................
Commissioners, officers, agents and employees, for damage because
7
.......................................................................................
of bodily injuries, including death at any time resulting there from,
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....................................................... Dollars ($................... )
accidentally sustained by any person or persons, damage to property,
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lawful money of the United States, for the payment of which sum of
including loss of use thereof, arising out of or in consequence of the
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money well and truly to be made, we bind ourselves, our heirs,
performance of this work by the Principal, any subcontractor(s),
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executor and administrators, successors and assigns, jointly and
their agents, employees or workmen, including all valid claims and
severally, firmly these presents.
demands for first aid, medical, surgical and hospital services and for
damages, compensation for occupational diseases, accidental injuries
Sealed with our hands and seals and dated this
or deaths, under the provisions of the Structural Work Act, the
........................day of .............................. A.D. 2.............
Workmen's Occupational Diseases Act and Workmen's
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Compensation Act of the state of Illinois, now in force, which may
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THE CONDITION OF THE ABOVE OBLIGATION IS SUCH,
accrue to each and every person who shall be employed by said
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That whereas the above bounden Principal has entered into a certain
Principal or subcontractor(s) in or about the performance of said
3
contract with the Metropolitan Water Reclamation District of
contract, or which shall accrue to the beneficiaries of any such person
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Greater Chicago for work performed on Lake County Forest
or persons, and shall repay any illegal or excess payments, then is this
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Preserve District lands, bearing date the ..............................day
obligation to be null and void, otherwise to remain in full force and
of ......................... A.D. 2......... for doing all the work and
effect.
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furnishing all the materials, tools, labor, appliances and
appurtenances necessary for
AND THE SAID SURETY, for value received, hereby stipulates and
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.......................................................................................
agrees that no change, extension of time, alteration or addition to the
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....................
terms of the contract or to the work to be performed there under or
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.......................................................................................
the specifications accompanying the same shall in any wise affect its
.......................................................................................
obligations on this bond, and it does hereby waive notice of any such
as specified in the attached contract documents.
change, extension of time, alteration or addition to the terms of the
contract or to the work or to the specifications.
Now, if said Principal shall in all respects well and truly keep and
perform the said contract on its part in accordance with the terms THIS BOND is also made for the use and benefit of all persons, firms,
thereof, the specifications therein contained, and the plans and corporations who may furnish any materials or perform any
accompanying the same, and in time and manner therein prescribed, labor for or on account of said work, buildings or improvements, and
and shall defend, protect, indemnify, keep and save harmless the they and each of them are hereby made obliges, hereunder and same
Dual Obligees, their Commissioners, officers, agents and employees as if their own proper names were written herein, as such, and they
against all liabilities, judgments, costs, damages, expenses, and and each of them may sue hereon the Principal. The Principal or any
Attorney's fees, which may in any wise come against the Dual subcontractor(s) under it will pay not less than the specified rates of
Obligees, their officers, agents and employees, in consequence of the wages, as set forth in Article 3 of the General Conditions, to all
awarding of such contract, or which may in any wise result from the laborers,
execution of the work to be performed under said contract by the
Principal, its agents, employees, or workmen, in any respect,
whatsoever, or which may result on account of infringements of any
patent by reason of the materials, machinery, processes, devices, or
apparatus used or on furnished in the performance of said contract,
except for all liability
Packet Pg. 123
9.A.a
January 2009 B-2
workmen and mechanics employed by the Principal or its .................................................
subcontractor(s) performing the work under this contract. Printed Name
AND IT IS HEREBY FURTHER EXPRESSLY UNDERSTOOD
.......................................................................................
AND AGREED, and made a condition hereof, that the Principal
Title
and Surety expressly admit and covenant to and with the Dual
Obligees that the plans and specifications and other provisions of
(Attest).............................................................................
the contract, if the work to be done without fault or negligence on
*Signature
that part of the Principal, or his agents, employees or workmen, do
not involve any danger to the structures of the Dual Obligees or to
.......................................................................................
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any property or structures adjacent to or in the vicinity of the work.
Printed Name
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The liability of the Principal and the Surety under this covenant is
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absolute and is not dependent upon any question of negligence on
.......................................................................................
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the part of the Principal, or the part of his agents, employees or
Title
workmen, to take any particular precautions or to refrain from
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doing any particular thing, shall not excuse the Principal or the
Surety in case of any such damage.
Name of Surety
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AND IT IS HEREBY FURTHER EXPRESSLY UNDERSTOOD
.......................................................................................
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AND AGREED, and made a condition hereof, that any ,judgment
Address of Surety
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rendered against the Dual Obligees, as aforesaid, in any suits for
damages because of bodily injuries, including death at any time
.......................................................................................
3
resulting there from, accidentally sustained by any person or
Telephone Number of Surety
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persons, damage to property, including loss of use thereof, arising out
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of or in consequence of the performance of this work whether such
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injuries to a person or persons, including death at any time resulting
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there from, damage to property, are due or claimed to be due to any
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negligence of the Dual Obligees, the Principal, any subcontractor(s),
their employees or agents or anyone else, and also that any judgment
Printed Name
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of any court or award of any Board of Arbitrators or of the State
Attorney -in -Fact
Industrial Board of the state of Illinois rendered against said the Dual
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Obligees in any suit or claim arising under said Structural Work Act,
Approved as the Form and Legality:
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the Workmen's Occupational Disease Act and Workmen's
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Compensation Act of the state of Illinois, now in force, relating to
..................................................................... A.D. 2..........
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compensation for occupational diseases, accidental injuries or death
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suffered by his employees or the employees of any subcontractor(s)
.......................................................................................
in the course of their employment, when notice of the pendency of
Assistant Attorney
such suit, hearing or arbitration shall have been given said Principal
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shall be conclusive against each and all parties to this obligation as to
.......................................................................................
amount, liability and all other things, pertaining thereto.
General Counsel
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The Surety further expressly agrees that the Performance Bond shall
Approved........................................................ A.D. 2......
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be governed by Illinois law with Illinois as the forum and that Illinois
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law will be the controlling law in the event that any disputes, claims
or controversies should arise out of or in connection with the
Director of Procurement and Materials Management
Performance Bond and any subsequent contract that is awarded
pursuant thereto.
*NOTE If the contract is executed by other than the President and
Secretary, a corporate resolution must be attached authorizing
execution by the designated parties.
.......................................................................................
Name of Company or Corporation
......................................................................... ( Seal)
Signature
Packet Pg. 124
9.A.a
EXHIBIT J
Construction Contract
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Packet Pg. 125
A-1
9.A.a
AGREEMENT
WITH
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
FOR
BUFFALO CREEK RESERVOIR EXPANSION
LAKE COUNTY, ILLINOIS
CONTRACT 13-370-3F
This Agreement made and entered into this day of
A.D., 201 _, by and between the Metropolitan Water
Reclamation District of Greater Chicago, a municipal corporation organized and existing under
and by virtue of the laws of the State of Illinois, hereinafter designated the District, and
hereinafter designated the Contractor.
WITNESSETH: That the said Contractor has covenanted, contracted and agreed and by these
presents does covenant, contract and agree with the said District, for and in consideration of the
payments made as provided for herein, to the Contractor by the said District, and under the penalty
expressed in the bond hereto attached, at his proper costs and expense to do all the work and furnish
all materials, tools, plant, equipment, labor and all appliances and appurtenances called for by this
Agreement (free from all claims, liens and charges whatsoever against monies due or to become
due to the Contractor), in the manner and under the conditions hereinafter specified, that are
necessary for the construction of or work required as specified in the contract documents,
BUFFALO CREEK RESERVOIR EXPANSION, CONTRACT 13-370-3F.
LOCATION
The site of the proposed work is at the Buffalo Creek Forest Preserve, which is located at 18163 West
Checker Road, Village of Long Grove, County of Lake, State of Illinois.
DESCRIPTION OF WORK
The work to be performed under this Contract consists of furnishing all materials, labor and
equipment required for the following work and all work as shown on the Plans and specified herein:
EXPAND VOLUME OF EXISTING FLOOD CONTROL RESERVOIR
a. Perform mass excavation necessary to expand the existing basin east of Schaeffer Road.
b. Place excavated materials to create natural appearing landforms in the open area west of
Schaeffer Road.
c. Soil erosion and sediment control, traffic control, dewatering, topsoil stripping and respread,
demolition, furnish and install storm sewers, furnish and install stone for erosion control, and
related work.
2. CONSTRUCT PUBLIC ACCESS IMPROVEMENTS
Contract 13-370-31' AGREEMENT
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9.A.a
a. Construct over two linear miles of new multi -use trails.
b. Expand existing asphalt parking lot.
c. Construct seven wooden boardwalks/bridges.
d. Pavement striping, furnish and install signage, and related work.
3. LANDSCAPE WORK
a. Furnish and install over 60 acres of native seed and wetland plants, and erosion control
blanket.
b. Furnish and install turf seed and erosion control blanket.
c. Furnish and install trees.
4. MONITORING AND MANAGEMENT OF NATIVE RESTORATION WORK FOR
PERMIT COMPLIANCE
a. Conduct annual monitoring, vegetation management, and reporting necessary for permit
compliance and sign -off.
CONTRACT DOCUMENTS
The Contract Documents consist of the following:
VOLUME 1 OF 4 — SIGNATURE BOOK
TITLE DATED PAGES
INVITATION TO BID
MANDATORY TECHNICAL PRE -BID
CONFERENCE CERTIFICATE
SITE VISIT RELEASE & INDEMNITY
AGREEMENT
BIDDING REQUIREMENTS AND INSTRUCTIONS
TO BIDDERS
LAKE COUNTY PREVAILING WAGE FOR JULY 2015
AUTHORITY FOR ATTACHED PROPOSAL
PROPOSAL
I-1 to I-6
09/08 M-1
09/08 S V-1
10/14 R-1 to R-6
07/15 R-7 to R-13
01 /09 AU-1
P-1 to P-10
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AGREEMENT
Contract 13-370-3F
Packet Pg. 127
A-3
9.A.a
AFFIDAVIT
AGREEMENT
CONTRACTOR'S BOND
MULTI -PROJECT LABOR AGREEMENT
MEMORANDUM OF UNDERSTANDING
CERTIFICATE OF COMPLIANCE WITH MPLA
APPENDIX C — AFFIRMATIVE ACTION
REQUIREMENTS
AFFIRMATIVE ACTION INTERIM ORDINANCE
ASSIST AGENCY LIST
MBE, WBE, SBE UTILIZATION PLAN, WAIVER
REQUEST AND THE MBE, WBE, SBE
SUBCONTRACTOR'S LETTER OF INTENT
APPENDIX K — DECLARATION OF POLICY,
SPECIAL PROVISIONS FOR APPRENTICESHIPS
EXHIBIT C CONTRACTOR INFORMATION FORM
01/09
01/09
07/98
07/02
09/05
03/93
06/15
06/15
06/15
01/09
07/13
VOLUME 2 OF 4 — SPECIFICATIONS
TITLE
GENERAL CONDITIONS
GENERAL SPECIFICATIONS
GENERAL SPECIFICATIONS - CONCRETE
GENERAL SPECIFICATIONS — SEWERS
SPECIAL PROVISIONS
AF-1
A-1 to A-32
B-1 to B-2
Ito6
7 to 8
9 to 10
I to 6
D-1 to D-23
AA-1 to AA-2
UP-1 to UP-7
K-1 to K-5
Itoll
PAGES
09/15
GC-1 to GC-20
01/09
GS-1 to GS-16
11/02
C-1 to C-12
11/02
GSS-1 to GSS-12
SP-1 to SP-4
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DIVISION 1- GENERAL REQUIREMENTS
Section 01 1100 General Summary of Work
011100-1 to 011100-6
Section 01 1105 Insurance
011105-1 to 011105-2
Section 01 1216 Sequence of Work
011216-1 to 011216-3
Section 01 1217 Work Limitations and Constraints
011217-1 to 011217-3
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Section 01 1413 Access to Project Site
011413-1 to 011413-2
0
Section 01 2000 Price and Payment Procedures
012000-1 to 012000-6
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Section 012500 Substitution Procedures
012500-1 to 012500-2
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Section 01 2600 Contract Modification Procedures
012600-1 to 012600-5
2
Section 012663 Change Orders
012663-1 to 012663-11
00
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Section 012666 Extension of Contract Time
012666-1 to 012666-4
0
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Section 012675 Dispute Resolution Process
012675-1 to 012675-4
Section 013105 Web -Based Project Management System
013105-1 to 013105-4
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Section 013115 Project Coordination and Meetings
013115-1 to 013115-6
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Section 013216 Construction Project Schedule
013216-1 to 013216-26
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Section 013300 Submittal Procedures
013300-1 to 013300-5
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Section 013527 Safety and Occupational Health Requirements
013527-1 to 013527-8
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Section 014000 Quality Requirements
014000-1 to 014000-5
Section 014210 References and Standards
014210-1 to 014210-33
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Section 014613 Non -Conformance Form
014613-1 to 014613-1
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Section 015000 Temporary Facilities and Controls
015000-1 to 015000-7
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Section 015500 Vehicle Access and Parking
015500-1 to 015500-3
Section 015526 Traffic Control
015526-1 to 015526-8
Section 015626 Temporary Fencing
015626-1 to 015626-2
Section 015723 Temporary Storm Water Pollution Control
015723-1 to 015723-5
AGREEMENT
Contract 13-370-3F
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Section 01 6000 Product Requirements
Section 01 7000 Execution and Closeout Documents
Section 017115 Mobilization and Demobilization
Section 01 7329 Cutting and Patching
Section 01 7419 Construction Waste Management
Section 01 7839 Project Record Documents
DIVISION 2 - EXISTING CONDITIONS
Section 02 0613 Geotechnical Baseline Report
Section 02 2400 Environmental Assessment
Section 02 4113 Site Demolition
Section 02 4114 Utility Abandonment
Section 02 4115 Utility Removal
Section 02 6113 Excavation and Handling of Contaminated
Material
DIVISION 3 - CONCRETE
Section 03 3000 Cast -in -Place Concrete
DIVISION 4 - MASONRY
Section 04 4100 Dry -Placed Stone
DIVISION 31- EARTHWORK
Section 310513 Soils for Earthwork
Section 310516 Aggregates for Earthwork
Section 310519 Geosynthetics for Earthwork
Section 31 1005 Site Clearing and Grubbing
Section 31 1010 Selective Clearing
016000-1 to 016000-3
017000-1 to 017000-3
017115-1 to 017115-2
017329-1 to 017329-4
017419-1 to 017419-7
017839-1 to 017839-8
020613-1 to 020613-1
022400-1 to 022400-1
024113-1 to 024113-5
024114-1 to 024114-5
024115-1 to 024115-6
026113-1 to 026113-7
033000-1 to 033000-25
044100-1 to 044100-6
310513-1 to 310513-3
310516-1 to 310516-4
310519-1 to 310519-3
311005-1 to 311005-5
311010-1 to 311010-13
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Contract 13-370-3F
AGREEMENT
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A-6
Section 312213 Rough Grading 312213-1 to 312213-5
Section 312316 Trench Excavation, Backfill, and Compaction 312316-1 to 312316-8
Section 312319 Control of Water 312319-1 to 312319-7
Section 312500 Erosion and Sediment Control 312500-1 to 312500-7
Section 313523 ACB Revetment
313523-1 to 313523-7
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Section 313700 Riprap
313700-1 to 313700-6
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Section 314116 Sheet Piling
314116-1 to 314116-5
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DIVISION 32 — EXTERIOR IMPROVEMENTS
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Section 32 0100 Protection and Repair of Pavements
320100-1 to 320100-4
Section 32 0513 Soils for Landscaping
320513-1 to 320513-6
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Section 32 1123 Aggregate Base Course
321123-1 to 321123-5
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Section 32 1216 Asphalt Paving
321216-1 to 321216-5
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Section 32 1511 Aggregate Pavements
Section 32 1723 Pavement Markings
Section 32 3119 Vegetation Control
Section 32 3129 Split Rail Fence
Section 32 3300 Site Furnishings
Section 32 3400 Fabricated Bridges and Boardwalks
Section 32 7220 Natural Area Monitoring, Management, and
Reporting
Section 32 9119 Landscape Grading
Section 32 9123 Wetland Planting
Section 32 9219 Seeding
Section 32 9340 Native Tree and Shrub Planting
Section 32 9643 Woody Plant Materials Protection and
Trimming
AGREEMENT
321511-1 to 321511-3
321723-1 to 321723-9
323119-1 to 323119-10
323129-1 to 323129-4
323300-1 to 323300-4
323400-1 to 323400-11
327220-1 to 327220-6
329119-1 to 329119-6
329123-1 to 329123-10
329219-1 to 329219-17
329340-1 to 329340-10
329643-1 to 329643-6
Contract 13-370-31'
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9.A.a
DIVISION 33 — UTILITIES
Section 33 4213 Pipe Culverts 334213-1 to 334213-6
Section 33 4680 Subdrainage 334680-1 to 334680-4
VOLUME 3 OF 4 — SUPPLEMENTAL INFORMATION
Appendix A — Geotechnical Baseline Report
Appendix B — Environmental Assessment
Appendix C — Project Mitigation Document including Management and Monitoring Plan for the
Buffalo Creek Reservoir Expansion
Appendix D — Management and Monitoring Plan Non -Mitigation Best Management Practice Area
Appendix E — Permits
VOLUME 4 OF 4 — PLANS
The work done and material furnished shall be strictly pursuant to and in conformity with the
specifications
and the following plans, which are signed, attached hereto and made a part of this
Agreement,
to wit:
PAGE
SHEET
TITLE OF SHEET
NO.
NO.
1
TC-001
Cover Sheet
2
TS-001
Signature and Engineers Seals
3
TL-001
List of Contract Plans
4
TL-002
List of Contract Plans
5
LP-001
Location Plan
6
C-001
General Reference Symbols
7
C-002
Standard Abbreviation and Site Symbols
8
C-003
General Notes
9
C-004
Control Data — West BM 45 — BM 49
10
C-005
Control Data — East BM #1 — BM #4
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PAGE SHEET TITLE OF SHEET
NO. NO.
11
C-101
Existing Conditions Overall Plan — West
12
C-102
Existing Conditions Overall Plan — East
13
CE-101
Existing Conditions
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14
CE-102
Existing Conditions
15
CE-103
Existing Conditions
L_
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16
CE-104
Existing Conditions
G1
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L
17
CE-105
Existing Conditions
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18
CE-106
Existing Conditions
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19
CE-107
Existing Conditions
20
CE-108
Existing Conditions
0
21
CE-109
Existing Conditions
0
s
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22
CE-1 10
Existing Conditions
s
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23
CE-1 l l
Existing Conditions
24
CE-112
Existing Conditions
0
25
CB-101
Soil Boring Locations
a.
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26
CD-101
Demolition Plan
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27
CD-102
Demolition Plan
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28
CD-103
Demolition Plan
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29
CD-104
Demolition Plan
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30
CD-105
Demolition Plan
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31
CD-106
Demolition Plan
32
CD-107
Demolition Plan
33
CD-108
Demolition Plan
AGREEMENT Contract 13-370-3F
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9.A.a
PAGE
SHEET
TITLE OF SHEET
NO.
NO.
34
CD-109
Demolition Plan
35
CD-110
Demolition Plan
36
CD-111
Demolition Plan
37
CD-112
Demolition Plan
38
CD-113
Tree Survey Tables
39
CD-114
Tree Survey Tables
40
CD-115
Tree Survey Tables
41
CD-116
Tree Survey Tables
42
CD-117
Tree Survey Tables
43
CD-118
Tree Survey Tables
44
CD-119
Tree Survey Tables
45
CD-120
Tree Survey Tables
46
CS-101
SESC Plan and Construction Phasing Phase I —
West
47
CS-102
SESC Plan and Construction Phasing Phase I —
East
48
CS-103
SESC Plan and Construction Phasing Phase II —
West
49
CS-104
SESC Plan and Construction Phasing Phase II —
East
50
CS-105
SESC Plan and Construction Phasing Phase III
— West
51
CS-106
SESC Plan and Construction Phasing Phase III
— East
52
CS-107
SESC Plan and Construction Phasing Phase IV
— West
53
CS-108
SESC Plan and Construction Phasing Phase IV
— East
54
CS-109
SESC Plan and Construction Phasing Phase V
— West
55
CS-110
SESC Plan and Construction Phasing Phase V
— East
56
CS-111
SESC Plan and Construction Phasing Phase VI
— West
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AGREEMENT
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PAGE SHEET TITLE OF SHEET
NO. NO.
57
CS-112
SESC Plan and Construction Phasing Phase VI — East
58
CS-501
SESC Details
59
CS-502
SESC Details
60
CS-503
SESC & Construction Phasing Notes
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61
CS-504
SESC Notes
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62
CT-101
Maintenance of Traffic Phase I
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63
CT-102
Maintenance of Traffic Phase 11
V
64
CT-103
Maintenance of Traffic Phase III
2
65
CT-104
Maintenance of Traffic Phase IV
00
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66
CT-105
Maintenance of Traffic Phase V
o
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67
CT-106
Maintenance of Traffic Phase VI
68
CT-501
Maintenance of Traffic Details
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69
CT-502
Maintenance of Traffic Details
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70
CT-503
Maintenance of Traffic Details
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71
CG-101
Grading and Drainage Plan
m
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72
CG-102
Grading and Drainage Plan
0
73
CG-103
Grading and Drainage Plan
74
CG-104
Grading and Drainage Plan
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75
CG-105
Grading and Drainage Plan
E
76
CG-106
Grading and Drainage Plan
z
a
77
CG-107
Grading and Drainage Plan
78
CG-108
Grading and Drainage Plan
79
CG-109
Grading and Drainage Plan
80
CG-110
Grading and Drainage Plan
AGREEMENT
Contract 13-370-3F
Packet Pg. 135
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PAGE
SHEET
TITLE OF SHEET
NO.
NO.
81
CG-111
Grading and Drainage Plan
82
CG-112
Grading and Drainage Plan
83
CG-113
Grading and Drainage Plan Parking Lot
84
CG-114
Grading and Drainage Plan Overlooks
85
CG-115
Grading and Drainage Plan — Site Detail West Unnamed Tributary Profile
86
CG-116
Grading and Drainage Plan — Site Detail Buffalo Creek Tributary `A'
Profile
87
CG-117
Riprap Geometric Plan Buffalo Creek Tributary "A"
88
CG-118
Buffalo Creek Tributary 'A' Grade Control Structures #1 Elevations
89
CG-119
Buffalo Creek Tributary 'A' Grade Control Structure #2 & #3 Elevations
90
CG-120
Main Stem Buffalo Creek Stream Restoration
91
CG-121
West Unnamed Tributary Stream Restoration
92
CG-201
Plan & Profile STA 107+00 TO STA 118+00
93
CG-202
Plan & Profile STA 118+00 TO STA 129+00
94
CG-203
Plan & Profile STA 129+00 TO STA 140+00
95
CG-204
Plan & Profile STA 140+00 TO STA 148+00
96
CG-205
Plan & Profile STA 148+00 TO STA 152+63
97
CG-206
Plan & Profile STA 200+00 TO STA 211+00
98
CG-207
Plan & Profile STA 211+00 TO STA 222+00
99
CG-208
Plan & Profile STA 222+00 TO STA 233+73
100
CG-209
Plan & Profile STA 250+00 TO STA 252+44, STA 260+00 TO STA
261 +29, STA 270+00 TO STA 272+27
101
CG-210
Plan & Profile STA 300+00 TO STA 311+00
102
CG-21 l
Plan & Profile STA 311 +00 TO STA 321 +96
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AGREEMENT
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9.A.a
PAGE SHEET TITLE OF SHEET
NO. NO.
103 CG-212 Plan & Profile STA 350+00 TO STA 351+91, STA 400+00 TO STA
406+90
104
CG-501
Grading & Site Details
105
CG-502
Grading & Site Details
106
CG-503
Grading & Site Details
107
CG-504
Grading & Site Details
108
CG-505
Grading & Site Details
109
CG-506
Grading & Site Details
110
CG-507
Grading & Site Details
III
CG-508
Grading & Site Details
112
L-101
Landscape Plan
113
L-102
Landscape Plan
114
L-103
Landscape Plan
115
L-104
Landscape Plan
116
L-105
Landscape Plan
117
L-106
Landscape Plan
118
L-107
Landscape Plan
119
L-108
Landscape Plan
120
L-109
Landscape Plan
121
L-110
Landscape Plan
122
L-111
Landscape Plan
123
L-112
Landscape Plan
124
L-113
Tree and Shrub Planting Plan — West
125
L-114
Tree and Shrub Planting Plan — East
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AGREEMENT Contract 13-370-3F
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PAGE SHEET TITLE OF SHEET
NO. NO.
126
L-115
Tree and Shrub Planting Schedule
127
L-116
Limits of Natural Areas — West Monitoring, Management and Reporting
128
Lrl 17
Limits of Natural Areas — East Monitoring, Management and Reporting
129
L-501
Landscape Details
130
S-101
Boardwalk #1 — Ten Ton Plan View, Side View, & Notes
131
S-102
Boardwalk #2 — Ten Ton Plan View, Side View, & Notes
132
5-103
Boardwalk #3 — Ten Ton Plan View, Side View, & Notes
133
5-104
Boardwalk #4 — Ten Ton Plan View, Side View, & Notes
134
5-105
Boardwalk #5 — Ten Ton Plan View, Side View, & Notes
135
5-106
Boardwalk #6 — Ten Ton Plan View, Side View, & Notes
136
5-107
Boardwalk #7 — Ten Ton Plan View, Side View, & Notes
137
5-501
Boardwalks #1 - #7 — Ten Ton Plan & Elevation
138
5-502
Boardwalks #1 - #7 — Ten Ton Sections & Details
139
5-503
Boardwalks #1, #4, #6 — Ten Ton Free Span Plan & Side Elevation
140
S-504
Boardwalks #1, #4, #6 — Ten Ton Free Span Sections & Details
141
S-505
Boardwalks #l, #4, #6 — Ten Ton Diaphragm Section & Detail
NOTE: The scales appearing on the Contract Plans are those to which the original plans were drawn
and are not correct for the reproduced plans forming the Contract set.
The above listed Contract Documents are attached hereto. If Contract Documents are downloaded
from the District's website, or if Contract Documents are obtained directly from the Procurement and
Materials Management Department, the Bidder is directed to return only Volume 1, which is the
Signature Book for Submission of Bid, for this contract, properly completed with the required
signatures, in time for the public bid opening date. All the covenants, terms and stipulations in these
Contract Documents form the Contract and are hereby made a part thereof.
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Contract 13-370-3F AGREEMENT
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CONTRACT DOCUMENTS FURNISHED
Upon execution of the Contract Documents and approval of the Contractor's Bond, the Water
Reclamation District will furnish to the Contractor, free of charge, five complete sets of specifications,
one (1) set of full-size prints, and four (4) sets of planograph reproductions. The Contractor may
request, free of charge up to ten additional sets of the specifications and planograph reproductions.
The Contractor may obtain, at his own cost, additional full-size prints of the Contract Plans by having
an approved blueprint supplier pick up a CD containing TIFF images of the original drawings at the
District's Engineering Department Vault, make the prints, and immediately return the CD to the
Engineering Department Vault. Arrangements for this service shall be made by contacting the Vault
personnel (312) 751-3159 at least 24 hours prior to the pick-up time of the drawings.
AS -BUILT DRAWINGS
The Contractor agrees to furnish to the District, upon completion of the work, one complete set of
As -Built drawings.
All modifications to Contract drawings will be made using CAD, the data structure for layer
assignments; the symbology of the drawing files; and the AutoCAD drawing format (.dwg) shall
follow the District's CAD Standards and Design Conventions.
A copy of the Contract CAD files will be made available to the Contractor by the District Engineer.
The Contractor shall make necessary additions and corrections to the CAD files to show the As -
Built conditions.
The District will furnish upon request a CD-ROM containing blocks, font libraries and the standard
border and title block.
Drawing sheets that have been modified shall have a modification cloud bubble placed around the
area or item that has been modified with a revision triangle next to cloud bubble.
If supplementary drawings are necessary they must be produced using CAD, added to the set given
a new number in sequence and have a modification cloud bubble placed around the sheet number.
Adhere to the District's CAD Standards and Design Conventions.
The List of Contract Plan sheet(s) shall be adjusted to reflect any changes to CAD files used to
create As -Built drawing files following District's CAD Standards and Design Conventions.
All drawing files changed by the Contractor to reflect As -Built conditions, shall be printed on
paper and reviewed for accuracy by the Contractor and District's Resident Engineer. Once these
drawings are approved by the District's Resident Engineer, the Contractor shall furnish to the
District, a CD with one set of electronically stored As -Built drawings. The District will use the
CD to plot/print full size reproducible vellums with opaque black ink.
After a full set of drawings are plotted/printed on reproducible vellum, arrangements shall be made
for the Contractor and District's Resident Engineer to meet at the District's MOBA. For each
drawing, a decal "BUILT AS SHOWN" (furnished by the District), shall be placed near the
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LOWER RIGHT hand side of title block or in the space provided on drawing sheet and shall be
dated and signed as to its correctness by the Contractor and District's Resident Engineer.
The Contractor shall include in the appropriate pay items of this Contract, all engineering and
drafting costs required to produce these As -Built Drawings.
Section 23 of the General Specifications
Modify as follows:
Add the following after the second paragraph: "Upon completion of the work under this Contract,
the Contractor shall also furnish to the District one set of electronically stored As -Built drawings
prepared in the current release of AutoCAD used by the District or the latest version of AutoCAD
approved by the District. All work performed by the Contractor on the electronic drawing files
shall conform to the District's CAD standards. A document consisting of the District's CAD
Standards will be transmitted to the Contractor.
An electronic set of the Contract drawings will be made available to the Contractor by the Engineer
on a CD, prepared in the current release of AutoCAD used by the District.
SUBLETTING WORK
The bid money value of all materials purchased directly by the Contractor, together with the bid
money value of all work performed by personnel and facilities provided directly by the Contractor,
shall be not less than 25% of the money value of all work performed under this Contract. Any bid
money value of work performed by the sub -contractors, for work on the job site utilizing sub-
contractors' materials, labor and facilities, cannot be included in the percent of work to be completed
by the Contractor. The Contractor shall comply with all requirements of Articles 19 and 20 of the
General Conditions.
BOND(S)
The Contractor agrees to furnish a Contractor's Bond in the sum of one hundred (100%) percent of
the amount of this Contract as security for the performance of the work under this Contract as required
under Article 29 of the General Conditions.
RESTORATION WORK
The Contractor agrees to perform all restoration work as set forth in Section (16) of the General
Specifications.
ACCESS TO JOB SITE AND SECURITY
The Contractor agrees to comply with all Security Requirements of the Water Reclamation District.
The Contractor agrees to use the construction entrances shown on the Plans for transportation of any
personnel equipment and material to and from job site.
Provisions to use any other access to the work site shall be subject to the approval of the Engineer and
any additional costs involved in providing an alternative access shall be included in the lump sum
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price of the Contract. Wherever construction requires breaching of any existing security measure, the
Contractor agrees to provide temporary fencing adequately constructed to maintain the security
requirement at all times and shall be subject to the approval of the Engineer.
ACCIDENT AND SAFETY REPORTS
The Contractor shall immediately report to the Engineer all accidents involving injury to personnel
or damage to equipment and structures. A written report shall be submitted within 24 hours of the
incident. In addition, the Contractor shall furnish to the Engineer a copy of all accident or health
hazard reports prepared for (OSHA) or any other governmental agencies.
OPERATION OF THE EXISTING FACILITIES
The attention of the Contractor is called to the fact that the existing Buffalo Creek Forest Preserve
upon the site of which the work under this contract is located, is owned by the Lake County Forest
Preserve District and will be kept open to the public while work under this contract is in progress. The
shutdowns and scheduling requirements shall be as specified under the heading "TIME" below. The
Contractor shall arrange his work and agrees to cooperate with the District so as not to interfere with
the continuous operation of the facility by the District, except as otherwise definitely specified.
It should be further noted that the Contractor may have to cooperate with other construction projects
which the Water Reclamation District has determined to be performed simultaneously with this
project. The Contractor shall arrange his work and agrees to cooperate with the Water Reclamation
District and any other contractor(s) to not interfere with any other construction projects at the Buffalo
Creek Forest Preserve.
No complete closure of Buffalo Creek Forest Preserve will be allowed. Construction operations which
may interfere with the normal operation of the site shall be scheduled with the Engineer not less than
five calendar days in advance of that work. The Contractor shall employ an adequate work force
during said work and progress shall be to the satisfaction of the Engineer and Water Reclamation
District. The Engineer shall be kept informed regarding the progress of said construction and he shall
be promptly notified upon completion of the work.
SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS (MINORITY,
WOMEN'S AND SMALL) PARTICIPATION
The Contractor agrees to comply with the requirements, goals, terms and conditions of the
Affirmative Action Ordinance Revised Appendix D throughout the life of the Contract. The work
under this Contract is classified as "General and Heavy Construction" for the MBE, WBE, SBE
Utilization Goals contained in the Affirmative Action Ordinance Revised Appendix D The associated
goals are 20% Minority -owned Business Enterprises MBE, 10% Women -owned Business
Enterprises WBE, and 10% Small Business Enterprises SBE.
1.) The bidder shall submit with the Proposal a signed and completed MBE, WBE, SBE Utilization
Plan which lists each business intended to be used as a MBE, WBE, SBE on pages UP-2, UP-3 and
UP-4 and supplementary pages as necessary. The Bidder must sign the Signature Section page
UP-5. Failure to submit a signed MBE, WBE, SBE Utilization Plan will result in a bid being deemed
non -responsive and the bid will be rejected. Also, if a Waiver is sought, the Bidder is required to sign
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pages UP-5 and UP-6, the Waiver Request Form; failure to do so will be viewed as non -responsive
and the bid will be rejected.
2.) Each Bidder must submit with their bid package an original or facsimile copy of MBE, WBE,
SBE Subcontractor's Letter of Intent, Page UP-7 for each subcontractor listed on their MBE,
WBE, SBE Utilization Plan. The submitted MBE, WBE, SBE Utilization Plan must be completed
and signed by the subcontractor and accompanied with a copy of the subcontractor's current Letter
of Certification from a state, local government or agency or documentation demonstrating that the
subcontractor is a MBE, WBE, or SBE within the meaning of the Affirmative Action Ordinance
Revised Appendix D. Failure to submit the MBE, WBE, SBE Utilization Plan signed by the
Bidder at the time of the bid opening and the MBE, WBE, SBE Subcontractor's Letter of Intent
signed by each MBE, WBE, SBE will be viewed as non -responsive and the bid will be rejected.
3.) If the Bidder exceeds the allowable Supplier Utilization amount which is stated in the bid
documents, the bid will be viewed as non -responsive. Therefore, the Bidder may not exceed the
use of a MBE, WBE, SBE supplier for more than 25% of each of the respective MBE, WBE, SBE
goal, unless the Director of Procurement and Materials Management has authorized a Supplier's
Exception notated on page AU-1.
AFFIRMATIVE ACTION PROGRAM
The Contractor agrees that if this Proposal exceeds Ten Thousand Dollars ($10,000.00), he shall
comply with the requirements, terms and conditions of Appendix C of the Contract Documents in
reference to an Affirmative Action Program and shall satisfactorily maintain this program throughout
the life of the Contract.
The Contractor agrees to fulfill the Special Training Program Provisions for Apprentices as specified
in the Appendix K and to provide training opportunities throughout the life of the contract. The
requirements of the Special Provisions for Apprentices are 1,540 Minority and 540 Female hours for
the purpose of this contract.
The Contractor agrees that in the event of failure to comply with all requirements listed above and in
APPENDIX C, the District may withhold 50 percent of the current progress payment due the
Contractor. The Contractor also agrees that following the withholding of 50 percent of the current
progress payment, no further progress payments will be made until the Contractor is in compliance
with the above requirements.
TIME
It is understood and agreed that the Contractor shall complete all of the work required under this
Contract, within 2,557 calendar days after approval of the Contractor's Bond. This timeframe shall
allow for two years of reservoir construction and three to five years of native landscape monitoring
and management, and stream restoration monitoring and management, respectively.
The Contractor expressly stipulates and agrees that the progress of the work will be verified by a
Critical Path Method (CPM) Schedule, acceptable to the Water Reclamation District as set forth in
Article 23 of the General Conditions.
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No claims, damages, or impact costs shall accrue to the Contractor by the failure to achieve either
substantial completion or completion of all work prior to the time specified herein, irrespective of any
time(s) indicated on his short bar chart schedule for said completion(s).
All contract work including punch list items and final clean-up, inclusive of Natural Areas
Management, Monitoring and Reporting shall be completed within 2,557 calendar days after approval
of the Contractor's Bond. To prevent all disputes and litigation concerning the actual date of
completion, it is further agreed by and between the Water Reclamation District and the Contractor,
that the Engineer shall in all cases decide every question which may arise relative to the completion
of the work under this Contract and his decision shall be final and conclusive on both parties hereto
and such decisions, in case any questions may arise, shall be a condition precedent to the right of the
Contractor to receive any money or compensation.
LIQUIDATED DAMAGES
The Contractor agrees to pay the Water Reclamation District as liquidated damages, in accordance
with Article 24 of the General Conditions, the sum of One Thousand Dollars ($1,000.00) for each
calendar day that he is in default of the time specified above by failing to achieve substantial
completion, as defined in Section 1 of the General Specifications.
Further, upon achieving substantial completion, the Contractor agrees to pay to the Water
Reclamation District as liquidated damages, in accordance with Article 24 of the General Conditions,
the sum of Two Hundred Dollars ($200.00) for each calendar day that he is in default of the time
specified above by failing to complete the entire work, including all punch list items and final clean-
up, exclusive of Natural Areas Management, Monitoring, and Reporting.
The Contractor agrees to pay to the Water Reclamation District as liquidated damages, in accordance
with Article 24 of the General Conditions, the sum of Fifty Dollars ($50.00) for each calendar day
that he is in default of the time specified in Article 23 of the General Conditions for submission of a
responsive Monthly Work Plan, not to exceed Five Hundred Dollars ($500.00) per occurrence.
The Contractor agrees to pay to the Water Reclamation District as liquidated damages, in
accordance with Article 24 of the General Conditions, the sum of One Hundred Dollars ($100.00)
for each calendar day that he is in default of the time indicated for the submission of the "As -
Planned" (Rev. 0) Work Schedule and responsive quarterly revisions to the Work Schedule per
Article 23, not to exceed One Thousand Five Hundred Dollars ($1,500.00) per occurrence.
Submittals must be complete; no partial submittals will be reviewed. The Contractor agrees to pay
the Water Reclamation District as liquidated damages, the sum of One Hundred Twenty Five
Dollars ($125.00) for each man-hour of additional submittal review work incurred by the District
(including District's agent) beyond the maximum three (3) submittal reviews. Partial Contractor
submittals that are returned by the District un-reviewed shall count as one of the three (maximum)
review iterations. The determination, tally of incurred review man-hours, and assessment of
Liquidated Damages shall be made by the Engineer and communicated to the Contractor via file
letter correspondence.
The Contractor shall have thirty (30) calendar days after the date of the issuance of a file letter
advising the Contractor of the assessment of liquidated damages to object, in writing, to the
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liquidated damages. The objection shall include all written documentation in support of the
Contractor's claim. Failure to file said written objection to the assessment of liquidated damages
within 30 days of the notice shall be deemed agreement to the assessment and waiver of a right to
appeal.
ADDITIVITY OF LIQUIDATED DAMAGES
Each of the liquidated damages described above shall be considered independent and separate from
other liquidated damages and shall operate separately. The different classes of liquidated damages
are additive (except for punch list work) and therefore the total amount of damages to be paid by the
Contractor may exceed the limits established for any single class of liquidated damages.
MULTI -PROJECT LABOR AGREEMENT
The Contractor agrees to comply with the terms and conditions of the District's Multi -Project Labor
Agreement, which is a part of the Contract.
ILLINOIS PREVAILING WAGE ACT
All Contractors/Subcontractors must comply with the Illinois Prevailing Wage Act (the Act), 820
ILCS 130. A list of prevailing wage rates at the time of project advertisement for Lake County,
as determined by the Illinois Department of Labor, is included in the Bidding Requirements. It is
the responsibility of the Contractor to obtain and comply with any revisions to the rates should
they change during the duration of the Contract.
All laborers, mechanics and other workers employed or working under the Contract must be paid
not less than the appropriate wage rate and fringe benefits in the wage determination for the
classification of work actually performed. The District requires that any class of laborer,
mechanic or other worker not listed in the wage determination and which is employed under the
Contract, must be classified in conformance with the wage determination.
Additionally, all Contractors/Subcontractors must comply with Section 5 of the Act, as revised
January 1, 2014, which requires that all Contractors/Subcontractors participating in public works
for a public body keep certified payrolls. The Act requires that the Contractor/Subcontractor
maintain these certified payrolls as a business record for a minimum of five (5) years from the
date of last payment on the Contract.
With each invoice for payment the Contractor/Subcontractor must submit the following forms:
Certified Transcript of Payroll (timesheet); Certified Transcript of Payroll — Freedom of
Information Act (timesheet); Certified transcript of Payroll (affidavit, fringes, and
subcontractors); and Certification Form. These forms must be submitted for all laborers,
mechanics or other workers employed under the Contract. These forms are included on the last
five (5) pages of the Agreement of the Contract. All forms submitted must be completely filled
out, signed and certified as correct. These forms, with the exception of the Certified Transcript of
Payroll — Freedom of Information Act form, are the same forms that must be maintained for a
minimum of five (5) years from the date of last payment, pursuant to the revised statute.
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CASH FLOW ESTIMATE SCHEDULE
With each invoice for payment, the Contractor shall submit an estimate of all future monthly
progress payment amounts anticipated for the duration of the contract. This estimate is a required
portion of all payment request submittals, and no payment request will be considered complete
without such an estimate. The Contractor's estimate will not be binding upon his or her actual
future progress payment request, but will be used solely by the District to estimate monthly
disbursements and cash flow requirements."
INSURANCE
The Contractor shall maintain and keep in force the insurance specified in Division 1 of the Detailed
Specifications.
PROGRESS ESTIMATES AND PAYMENT
Payment for the work to be performed under this Contract is to be made from the proceeds from
the capital improvements bonds or bond anticipation notes issued or to be issued by and from the
Construction Fund of the Water Reclamation District of Greater Chicago.
The Water Reclamation District agrees to make progress payment to the Contractor, in accordance
with Articles 32 and 33 of the General Conditions.
Final payment will be made in accordance with Article 35 of the General Conditions.
INDEMNIFICATION
The Contractor agrees to defend, indemnify and hold harmless the Water Reclamation District, its
Commissioners, officers, agents and employees from and against any and all action, suit, claims,
costs, settlements, debts, damages, liabilities, obligations, losses, judgements, demands and
expenses (including General Counsel fees on account thereof) of whatever kind or nature resulting
from the failure of the Contractor, its agents or employees to perform any of their obligations under
this agreement or from fraud, willful misconduct, negligent act, error or omission or intentional
disregard by them. This provision survives the termination of the Contract.
CHOICE OF LAWS
The parties agree that this Agreement (Contract), and any subsequent extensions, addenda or
modifications, is governed by, and construed in accordance with the laws of the State of Illinois in
all respects, including matters of construction, validity and performance. The parties further agree
that the proper venue to resolve any dispute which may arise out of this Agreement (Contract) is
the appropriate Court of competent jurisdiction located in Cook County, Illinois.
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COMPLIANCE WITH APPLICABLE LAWS, ORDINANCES AND REGULATIONS
All work to be performed by the Contractor's employees in fulfillment of this Agreement shall
comply with all applicable federal, state, and local laws. Further, all work is to be performed in
compliance with all applicable ordinances and regulations of the District unless a specific
exemption is provided, in writing, by the District. A violation of any applicable federal, state, or
local law or District ordinance or regulation by the Contractor may be deemed a material breach
of this contract at the sole discretion of the District.
The Contractor expressly agrees to execute any and all permits or bonds required by the State of
Illinois or by any other municipality, municipal corporation, or by any other agency on the same
date the Contractor's Bond of this Contract is executed or as soon as practicable thereafter.
SEVERABILITY
If any provision of this Contract is or becomes invalid or unenforceable in whole or in part because
the provision is contrary to law or against public policy or for any other reason, the provision will
be enforced to the extent that it is valid and enforceable. The validity and enforceability of the
remaining provisions of the contract is unaffected.
ENTIRE AGREEMENT
This Contract including any attachments, riders, and contract plans constitute the entire agreement
between the Contractor and Water Reclamation District with respect to the subject matter thereof,
and it supersedes any other agreement, oral or written, between the Contractor and the District.
PRICES
The Contractor agrees to accept, and the Water Reclamation District agrees to pay, in accordance
with Article 31 of the General Conditions, the following prices as full compensation for furnishing
all the labor, tools, materials and appurtenances necessary to complete all the work specified in this
Contract, also for all loss or damage arising out of the nature of the work or from the action of the
elements, or from any unforeseen obstructions or difficulties encountered in the prosecution of the
same; and for all risks of every description connected with the work; and for well and faithfully
completing the entire work, free of all claims, liens and charges whatsoever and in full compliance
with the specifications and the requirements of the Engineer, complete under them, to wit:
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THE LUMP SUM PRICE:
COST PROPOSAL A:
For the construction of all work required to complete the entire project, other than public access
improvements (Cost Proposal B), allowance items (Cost Proposal C) and unit price items (Cost
Proposal D), as shown in the plans and specifications for the Lump Sum price of:
and
(Written in Words Amount)
COST PROPOSAL B:
(Written in Words Amount)
(Written in Words Amount)
Cents ($ )
(Written in Figures Amount)
Dollars
Construction of public access improvements, defined as:
• Temporary trail
• Demolition of existing bituminous and aggregate trail, including culverts and bridges
• Selective demolition directly related to trails and parking
• Disposal of demolition debris
• Trail and parking lot culverts and related drainage improvements
• Aggregate base for trails and parking lot
• Aggregate and HMA surface for trails and parking lot, including pavement markings
• All trail bridges and boardwalks
• Site furnishings including cedar fence, benches, and stone wall
For the construction of all work required to complete public access improvements, as shown in the
plans and specifications for the Lump Sum price of:
and
(Written in Words Amount)
Dollars
(Written in Words Amount)
Cents
(Written in Figures Amount)
AGREEMENT
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ALLOWANCE ITEMS
COST PROPOSAL C:
Allowance Item for Construction or Demolition Debris & Soil that is contaminated.
The Contractor shall include an allowance amount in his bid for incremental costs for the removal,
handling and legal offsite disposal of any construction or demolition debris and surplus soil that is
considered contaminated (hazardous waste or non -hazardous special waste). See Specifications
Section 02 6113 for additional information. To be qualified for payment under this item, this work
will have to be performed during the contract period, and shall exclude the cost of abatement of
contaminated materials that is identified as part of the lump sum work, elsewhere in the contract
documents. Upon determining that a certain extent of the construction demolition debris and
surplus soil is contaminated, the Contractor shall estimate the scope of work and submit a written
scope for the additional work required, price proposal, and supporting documentation to the
District for review and approval. The written scope and price proposal shall include a detailed
description of the type and extent of additional work to be performed for the removal, handling
and legal offsite disposal of contaminated material, including a detailed cost breakdown showing
all material, labor and equipment costs. The Contractor shall also submit supporting
documentation, including test data, to wholly support his claim (s). The price proposal (s) shall be
in accordance with Articles 7 and 8 of the General Conditions of the contract.
Costs of testing all material generated on the project to establish that it is clean or uncontaminated
shall be considered part of the lump sum price, and not part of this allowance item except as
follows. If, after initial testing, any material tests positive for contamination, the costs of any
additional testing that may be mandated to further categorize the material into various
classifications of contaminated or special wastes for handling, removal and disposal purposes, may
be considered for payment under this allowance item, by the District.
The District will review the report (s), price proposal (s), and supporting documentation to verify
the accuracy and completeness of the information, and to verify that the price proposal (s) is (are)
fair and reasonable for the scope of work performed. During the performance of the work, the
District's Resident Engineer shall be kept appraised of the work schedule at all times, and the
Contractor shall maintain a daily record of time, material and equipment utilized to perform the
work, which shall be signed by the District's Resident Engineer. The cumulative price for the
work performed under this Allowance Item shall not exceed the amount indicated below for Cost
Proposal B. The actual cost of the work may be less or more than indicated. It is also possible
that this work may not be required, in which case the amount to be paid under this Allowance Item
shall be zero. Actual payments to be made to the Contractor shall be based solely on the amount
approved by the District. The District makes no guarantee that any work will be required under
this Allowance Item.
In the event that the actual price for additional work to be performed for the removal, handling and
legal offsite disposal of contaminated material exceeds the amount in this Allowance Item, the
Contractor agrees to provide the extra work required due to the presence of contaminated material
as change order work. In this case, a supplemental report (s), price proposal (s), and supporting
documentation shall be submitted to the District for review and approval. The Contractor shall
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prepare the price proposal (s) in accordance with Articles 7 and 8 of the General Conditions of the
Contract.
Furnish all labor, supervision, equipment, materials, and incidentals required for the incremental
work associated with the removal, handling and disposal of contaminated (hazardous waste or non-
hazardous special waste) material, as specified in the detail specification and as directed by the
Engineer, for an allowance amount not to exceed:
TWO HUNDRED FIFTY THOUSAND Dollars and ZERO Cents
(Written in Words Amount) (Written in Words Amount)
($ 250,000.00 ) (Dollar Value to be established based on project scope)
(Written in Figures Amount)
UNIT PRICE WORK
Unit price work shall be performed under Cost Proposal D. Unit price work reflects the work in place,
complete to the requirements of the work shown and specified or as directed by the Engineer. Actual
payments to be made to the Contractor for unit price work shall be based solely on the product of the
fixed unit price and the actual quantity of work, as measured in the field, regardless if it is more or
less than its extension. If no unit price work is performed, then no payment shall be made for this
item. The extension, made for bid evaluation purposes only, is based on an estimate, and is not a
guarantee of the actual amounts of this work that may be required.
COST PROPOSAL D:
Over excavate reservoir bottom to a depth of two (2) feet in areas identified by the Engineer where
highly permeable materials, such as sand (s) and/or gravel(s), are discovered and construct a two (2)
foot thick liner consisting of compacted, dense, low permeability clay in same location. Excavated
permeable materials shall remain on site and shall be used to construct landforms west of Schaeffer
Road unless otherwise directed by the Engineer. Clay liner shall consist of material excavated on -site
and is subject to Engineer's review and approval.
Dollars and
(Written in Words Amount)
Cents per square yard of clay liner excavation and construction
(Written in Words Amount)
($ ) per square yard
(In Figures Amount)
Extension: 10,000 square yards X $ _ per square yard = $
In the event that the actual quantity required for unit price work exceeds the quantity listed, the
Contractor agrees to furnish and install additional quantities at the fixed unit price.
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THE TOTAL BID PRICE
THE SUM OF THE COST PROPOSALS A THROUGH D EQUALS (The lump sum price of Cost
Proposal A plus the lump sum price of Cost Proposal B plus $250,000.00 for Cost Proposal C plus
the total extended price of Cost Proposal D):
(Written in Words Amount)
Dollars
and
(Written in Words Amount)
Cents,
(Written in Words Amount) (Written in Figures Amount)
In any event where there is a discrepancy between the "Written in Words" and "Written in Figures"
amount, the "Written in Words" amount shall govern.
INTENT OF THE CONTRACT DOCUMENTS
The specifications and plans are intended to be complementary and any work appearing upon the
plans and omitted in the specifications, or mentioned in the specifications and omitted upon the plans,
shall be executed according to the true intent and meaning of said specifications and plans, the same
as though the said work was contained in each.
In the event that any of the provisions of the Contract Documents conflict with one another, the
contract document hierarchy as listed in the Special Provisions shall govern.
AGREEMENT BINDING
This Agreement shall be binding upon the successors, heirs, legal representatives, administrators and
executors of the Contractor.
The undersigned agrees that this Agreement shall not be construed as, nor is it the intent of any of the
parties hereto, to give any benefits, rights, privileges, actions or remedies to any person, partnership
or corporation other than the Contractor and the Water Reclamation District, under a third party
beneficiary theory or otherwise.
TIME IS OF THE ESSENCE
It is understood and agreed that TIME IS OF THE ESSENCE of this Contract, and the
CONTRACTOR agrees to make reasonable efforts to prosecute and complete the work within the
time limits specified, and in compliance with other requests that the District may reasonably make
excepting when occurrences of acts of God, strikes, insurrection and delays caused by others
extend those limits.
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AGREEMENT
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The Contractor agrees that no changes or claims for damages shall be made by him for any delays
or hindrances from any cause whatsoever during the progress of any portion of the services herein
specified.
CITIZENSHIP
Pursuant to Illinois statute, 70 ILCS 2605111.15, no person shall be employed upon contracts for
work to be done by the District unless he/she is a citizen of the United States, a national of the
United States under Section 1401 of Title 8 of the United States Code, an alien lawfully admitted
for permanent residence under Section 1101 of Title 8 of the United States Code, an individual
who has been granted asylum under Section 1158 of Title 8 of the United States Code, or an
individual who is otherwise legally authorized to work in the United States.
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IN WITNESS WHEREOF, on the day of , 2017, the Metropolitan Water Reclamation
District of Greater Chicago, and the Contractor, have executed this Agreement, Contract No. 13-370-3F, in
triplicate, each by their duly authorized officers or representatives.
Metropolitan Water Reclamation District of Greater Chicago
By
Chairman of the Committee on Finance
Executive Director
Director of Procurement and Material Management
Attest:
Clerk of the District
Name of Company
By
President
(Print Name and Title)
Attest:
(Seal)
(Seal)
Secretary *
*NOTE* If the contract is executed by other than the President and Secretary, a corporate resolution
must be attached in duplicate authorizing execution by the designated parties.
APPROVED AS TO ENGINEERING:
Assistant Director of Engineering
Director of Engineering
APPROVED AS TO FORM AND LEGALITY:
Assistant Attorney
General Counsel
Q
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Contract 13-370-3F AGREEMENT
Packet Pg. 152
WIN
9.A.a
INSTRUCTIONS FOR COMPLETING IDOL'S CERTIFIED TRANSCRIPT OF PAYROLL FORM.
THIS FORM MUST BE COMPLETED AND SUBMITTED FOR ALL WORK ON PROJECTS
COVERED BY THE PREVAILING WAGE ACT.
Complete all items contained on the form pertaining to the project.
2. Please note that pertinent information is required on the second sheet including the full legal and correct name of
the contractor/subcontractor as well as fringe benefit information where contributions are not made to a fringe
benefit fund that is jointly administered by one or more employers or one or more labor organizations in
accordance with the federal Labor Management Relations Act. It is IMPERATIVE that the AFFIDAVIT information
on page 2 be completed in its ENTIRETY including SIGNATURE. The second sheet including affidavit must
accompany every certified transcript of payroll.
Please note that ALL hours worked during the week (Prevailing Wage "PW" and Non Prevailing Wage "N") have
to be recorded.
4. If a contractor pays into a fringe benefit fund for such fringe benefits as health insurance, pension, 401(k), and/or
vacation fund, for which the contractor/subcontractor wants to take credit and the fund is jointly administered by
one or more employers or one or more labor organizations in accordance with the federal Labor Management
Relations Act, place the letter "F" behind the hourly rate. If contributions for fringe benefits for which you seek
credit are not paid to a fringe benefit fund that is jointly administered by one or more employers or one or more
labor organizations in accordance with the federal Labor Management Relations Act, then 1) the name and
address of the benefit fund, 2) the plan sponsor of each benefit if applicable, and 3) the plan administrator of each
benefit must be included on the certified transcript of payroll in the place indicated on page 2.
If a contractor/subcontractor wants to take credit for contributions for fringe benefits and contributions are not
made on a per hour worked basis for all hours worked, then the contractor must convert the rate of contribution to
an annualized per hour rate for purpose of reporting. The annualized rate is calculated by dividing the total
amount of contributions by the total hours worked (including all hours worked both prevailing and non prevailing
wage work) during the twelve month period ending with the month preceding the month in which the work was
performed for which the certified transcript of payroll is being completed. If employees make co -payments for
benefits, the contractor/subcontractor's contributions cannot include the employee co -pays in the calculation. The
only amount that may be included in the calculation of the contractor's contributions is the net amount (amount of
contractor contribution not including employee co -pays).
6. Credit for fringe benefits cannot exceed the sum of the hourly rate of all the fringe benefits set forth in the
schedule for the appropriate classification and amounts in excess of the total cannot be used as an off -set to the
required amount to be paid in wages.
Contributions for training may only be credited where the contributions are made to apprenticeship and training
programs approved by the U.S. Department of Labor, Bureau of Apprenticeship and Training. An apprentice rate
where applicable may only be paid for those persons in programs approved by the U.S. Department of Labor,
Bureau of Apprenticeship and Training.
The items requested under the heading, "Contract Information", help to correctly identify the project. If a Contract
or Project Number is not known please do your best to secure the information. The information requested for
"Project" and "Project Location" should always be completed.
No later than the 15th of each calendar month following a month in which construction on the project has occurred,
a contractor/subcontractor must file a certified payroll with the public body in charge of the project.
10. The contractor/subcontractor must maintain the original copies of all Prevailing Wage and Non -Prevailing Wage
time and payroll records required under the Prevailing Wage Act and which will verify the information contained in
this form for a period of five years.
You are invited to visit IDOUS web site at att ,;.111a or.iflinois,go for more detailed information regarding application of the
Prevailing Wage Act.
PLEASE NOTE: THE SUBMISSION OF FALSIFIED CERTIFIED TRANSCRIPT OF PAYROLL IS A CRIMINAL OFFENSE. IN ADDITION FILING A
FALSIFIED CERTIFIED PAYROLL CONSTITUTES A VIOLATION OF THE PREVAILING WAGE ACT AND THE SUBMISSION OF FALSE
RECORDS AND/OR THE FAILURE TO MAINTAIN THE RECORDS REQUIRED UNDER THE ACT CAN RESULT IN A NOTICE OF VIOLATION AND
SUBSEQUENT DEBARMENT ON ALL PUBLIC WORKS FOR A PERIOD OF UP TO FOUR YEARS.
Q
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Packet Pg. 153
I State of Illinois
Illinois Department of Labor
IDOL Case File Number:
(Contract Number)
(Project Number)
A-29
Certified Transcript of Payroll
Payroll Start:
Contractor and/or Subcontractor
Payroll End:
Public Body Information
(Company Name) (Contact Name) I (Public Body Name) (Contact Name)
(Street Address)
(City)
(Street Address)
(City)
(State) (Zipcode) (Telephone Number) (St(Zipcode) (Telephone Number)
(Project Location) ate)
Report Hours for Each Day, Including Overtime Hours, List Hourly Prevailing Wage Rate and Hourly Fringe Benefits Allotments.
Worker Name, Address * Hours worked each day Total Straight Total OT Hourly Wage OT Wage Per Pay Period
Last Four of SSN & Telephone Number SUN MON TUE WED THR FRI SAT Time Hours Hours Rate Rate Gross Net
Labor Classification
Hourly Fringe Benefit: Pension: Health/Welfare: Vacation: Training:
Labor Classification
Hourly Fringe Benefit: Pension: Health/Welfare: Vacation: Training:
Labor Classification
Hourly Fringe Benefit: Pension: Health/Welfare: Vacation: Training:
Please place an T" by the hourly rate for fringe benefits paid to a Fund jointly managed by one or more labor organizations or employers in accordance with the federal Labor
Management Relations Act (See instruction 4 for completing this form). In addition contractors/subcontractors who do not make contributions for covered fringe benefits to a fringe
benefit fund that is jointly managed and jointly governed by one or more labor organizations or employers in accordance with the federal Labor Management Relations Act must provide
the additional information set forth on the form on page 2 (see Instruction 5). Contractors/subcontractors who do not make contributions for fringe benefits on a per hour basis for each
hour worked must convert such contributions to an annualized per hour basis for purpose of reporting on this form in accordance with instruction 5. You must keep original records
showing start and end time each day.
*PW - Prevailing Hours Worked *N - Non Prevailing Hours Worked
L452CM02 Page —of
State of Illinois A-30
Illinois Department of Labor
Certified Transcript of Payroll
AFFIDAVIT
Weekly Statement of Compliance
Date
(name signatory party)
do
(Title)
hereby state: that I pay or supervise the payment
of the persons employed on the public works
project
(name of project)
that during the payroll period commencing on the
day of
day (month) (year)
all persons employed on said project have been
paid the full weekly wages earned, that no
rebates have been or will be made either directly
or indirectly to or on behalf of said
(name of contractor or subcontractor)
from the full weekly wages earned by any person,
and that no deductions have been made either
directly or indirectly from the full weekly wages
earned by any persons, other than permissible
deductions as defined by Federal and/or State
Law. I further certify that this payroll is correct
and complete; that the wage rates contained
therein are not less than the actual rates herein
stated and that the classification set forth for each
laborers or mechanic conform to the work he/she
performed.
Signature
Digital Signature
I L452CM01
Health Fund
Health Address
Health Sponsor
Health Admin
Pension Fund
Pension Address
Pension Sponsor
Pension Admin
401(k) Fund
401(k) Address
401(k) Sponsor
401(k) Admin
Vacation Fund
Vacation Address
Vacation Sponsor
Vacation Admin
FRINGES
SUBCONTRACTORS
Attach explanation of Monies paid, copy of contract
of billing, or other pertinent information.
Company Name:
Contact Person:
(City)
Telephone Number:
Company Name:
Contact Person:
(City)
Telephone Number:
Company Name:
Contact Person:
Telephone Number:
Company Name:
Contact Person:
(Address)
State (zipcode)
(Address)
(State) (zipcode)
(Address)
(State) (zipcode)
(Address)
(City) tate (zipcode)
Telephone Number:
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I Packet Pg. 156 1
A-32
The undersigned as the duly authorized representative of
the (contractor/sub-contractor) under MWRID Contract No. and pursuant to the
Illinois Prevailing Wage Act, hereby submits the attached monthly certified payroll and certifies
0
as
that:
1. Such records are true and accurate:
.2
2. The hourly rate paid to each worker is not less than the general prevailing rate of
hourly wages required by this Act; and
3. The contractor or subcontractor is aware that filing a certified payroll that he or she
knows to be false is a Class A misdemeanor.
22
(Signature of Authorized Officer)
(Print Name of Officer)
(Title of Officer)
WORI'M
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I Packet Pg. 157 1
9.A.a
EXHIBIT K
Insurance Requirements
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Packet Pg. 158
9.A.a
SECTION 01 1105
INSURANCE
PART GENERAL
1.1 INSURANCE AND LIMITS
A. Provide insurance as specified below in accordance with Article 17 of the General
Conditions:
_a
L
0
Line of Insurance
Minimum Acceptable Limits of
Liabilityby Grouping a
d
1.
Worker's Compensation
Statutory ti
0
2.
Employer's Liability
m
a. Each accident
$5,000,000.00 M
b. Each employee -disease
$5,000,000.00 0
C. Policy aggregate -disease
$5,000,000.00
Z
3.
Commercial General Liability
x
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a. Per occurrence
s
$10,000,000.00 3
a
b. General aggregate -per project
$10,000,000.00
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C. Products/Completed Operations
m
$10,000,000.00
0
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4.
Business Auto Liability
$5,000,000.00 J
5.
Professional Errors & Omissions
0
Not Required
6.
Environmental Impairment Liability
Not Required
E
7.
Builder's Risk
Per Article 17A - GC
aD
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Contract 13-370-3F O1 11 05 - 1 INSURANCE
Packet Pg. 159
9.A.a
NOTE: THE CERTIFICATION SHALL CLEARLY STATE THAT THE "WATER
RECLAMATION DISTRICT, ITS COMMISSIONERS, OFFICERS, AGENTS, AND
EMPLOYEES" ARE ADDITIONAL INSURED UNDER COMMERCIAL GENERAL
LIABILITY INSURANCE, BUSINESS AUTO LIABILITY INSURANCE AND, IF
REQUIRED, ENVIRONMENTAL IMPAIRMENT INSURANCE. THE WATER
RECLAMATION DISTRICT SHALL BE THE NAMED INSURED ON THE BUILDER'S
RISK POLICY CERTIFICATE.
B. If the Contractor chooses to utilize an Umbrella Policy to satisfy a portion of the above
requirements, only a maximum of $8,000,000.00 will be allowed for said policy.
C. The Contractor is to maintain and keep in force all insurance, as required, for the duration
of the Contract. The Contractor is to maintain Commercial General Liability Insurance for
a period of one year from the date of final acceptance.
D. If the Certificates are used as proof of insurance, furnish all insurance policies within 30
days after commencing work.
E. It is strongly recommended that bidders investigate the cost of insurance before submitting
bids.
F. IDENTIFY ALL INSURANCE SUBMITTALS BY THE CONTRACT NUMBER 13-370-
3F.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
Contract 13-370-3F O1 11 05 - 2 INSURANCE
Packet Pg. 160
9.A.a
EXHIBIT L-1
General Depiction of Maintenance Site
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9.A.a
EXHIBIT L-2
Shoreline Maintenance Delineation
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9.A.a
EXHIBIT M
Tax Exemption Certificate and Agreement
a
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Packet Pg. 165
9.A.a
TAX EXEMPTION CERTIFICATE AND AGREEMENT
The Lake County Forest Preserve District (the "LCFPD ") and the Village of Buffalo Grove
(the "VILLAGE and collectively with the LCFPD the "RECIPIENTS") are executing this Tax
Exemption Certificate and Agreement ( "Tax Agreement") to allow the Metropolitan Water
Reclamation District of Greater Chicago (the "MWRDGC") to transfer to the RECIPIENTS
monies and Facilities financed with proceeds of tax-exempt bonds. This Tax Agreement covers
the facilities or property listed in Appendix D (the "Facilities "). Appendix D may be amended
from time to time if additional cash to acquire or improve such Facilities or Facilities themselves
are transferred.
To the extent that the MWRDGC owned or controlled the Facilities, the RECIPIENTS
and the MWRDGC have previously executed or will execute documents transferring ownership or
control of the Facilities to the RECIPIENTS. The RECIPIENTS are aware that the MWRDGC
has limited resources and might be unable to fund or transfer the Facilities without this Tax
Agreement.
Section 1. Definitions and Appendices. Attached hereto are four Appendices, made a
part hereof. Appendix A contains certain covenants and representations that may or may not
impose burdens on the RECIPIENTS. Appendix B contains a glossary of definitions applicable
to the tax covenants, including Appendix A. Appendix C, if any, includes a description of certain
funds or accounts that, as described in Appendix A, may be subject to investment restrictions or
rebate payments. Appendix D lists or describes the Facilities that are hereby made the subject of
restrictions described herein.
Section 2. Expectations. These certifications set forth various facts regarding the
transfers and establish the expectations of the RECIPIENTS as to future events regarding the
transfers and the use of Facilities transferred. These certifications also establish facts and
expectations related to any transferred Facilities, and any moneys of the RECIPIENTS or related
entities held in funds or accounts related to the Facilities (if any). The RECIPIENTS recognize
that the Facilities were or will be financed in whole or in part with obligations that are intended to
be tax-exempt. Certain certifications and covenants are presented here in summary form. Attached
hereto as Appendix A are further details explaining how to comply with these covenants.
Section 3. Purpose of Transfer. The Facilities listed in Appendix D have been or are
being transferred to the RECIPIENTS to allow the MWRDGC to better manage stormwater. The
RECIPIENTS, and not the MWRDGC, will control the operation and use of these Facilities except
for annual inspections, and except that MWRDGC may perform needed maintenance (at the
expense of the RECIPIENTS) if the RECIPIENTS do not.
Section 4. Cash Transfer. The MWRDGC may from time to time transfer cash, rather
than Facilities to a RECIPIENT. Such cash transfers will either be to reimburse (in whole or in
part) the RECIPIENTS for capital costs of Facilities for the control of stormwater within the area
01w
Packet Pg. 166
9.A.a
served by the MWRDGC or to provide the funds to purchase or construct such Facilities. In either
case, the RECIPIENTS will add any such Facilities to Appendix D before such Facilities become
operational.
In the case of reimbursement, the RECIPIENTS will not accept such cash more than 18
months after the expenditure to be reimbursed. The RECIPIENTS also understands that the
MWRDGC will be unable to make such a transfer if the expenditure was made prior to November
6, 2014.
If any cash is transferred for capital expenditures not made by the RECIPIENTS on or prior
to the date of the transfer or involving a current outlay of cash for a capital expenditure the
RECIPIENTS will segregate such funds for investment and tracking purposes. Such funds will be
invested and disbursed only in accordance with Appendix A and any supplemental tax agreement.
In order to establish that cash transferred to the RECIPIENTS on a particular date which involves
a current outlay of the same amount of cash by the RECIPIENTS, the RECIPIENTS will either
confirm to the MWRDGC that it reasonably expects on the date of receipt of funds that it will
disburse all amounts to contractors or suppliers within five business days or it will acknowledge
increased investment tracking, computation and payment obligations related to such funds.
Section S. Payments to MWRDGC, Security for MWRDGC Debt. Unless the
RECIPIENTS execute a separate supplemental tax agreement indicating otherwise, the
RECIPIENTS will not provide any security for any debt of MWRDGC and the RECIPIENTS will
not make payments to MWRDGC that could be used by MWRDGC to pay or secure its debt. No
fees will be paid by the RECIPIENTS for use of the financed Facilities. No repayments will be
required. This section will not be read to limit future contractual arrangements including separate
tax covenants. If the RECIPENTS do not properly maintain the Facilities intended to perform a
stormwater benefit, the MWRDGC may perform maintenance eon such Facilities and charge
RECIPIENTS for such maintenance costs.
Section 6. Hedges. Neither the RECIPIENTS nor any member of the same Controlled
Group as the RECIPIENTS have entered into or expects to enter into any hedge (e.g., an interest
rate swap, interest rate cap, futures contract, forward contract or an option) with respect to any
debt of the MWRDGC.
Section 7. Internal Revenue Service Audits. The Internal Revenue Service has not
contacted the RECIPIENTS regarding any obligations issued by or on behalf of the RECIPIENTS
in connection with their stormwater systems and no such obligations are currently under
examination by the Internal Revenue Service.
Section 8. Records. The RECIPIENTS agree to keep and retain or cause to be kept and
retained adequate records with respect to the investment, expenditure and use of all amounts and
Facilities transferred by the MWRDGC to the RECIPIENTS and provide such records to the
MWRDGC on reasonable request. The RECIPIENTS further agree to maintain sufficient records
to demonstrate compliance with all of the covenants set forth herein. Such records will be
maintained at least until December 1, 2049, or such later date provided by the MWRDGC. If cash
is only transferred to the RECIPIENTS as reimbursement for prior expenditures or for current
A-2
Packet Pg. 167
9.A.a
outlay, records to that effect will be sufficient investment and expenditure records. Records as to
the use of Facilities shall apply to both Facilities constructed or acquired by the MWRDGC and
transferred to the RECIPIENTS and also to Facilities constructed or acquired with moneys
provided by the MWRDGC.
Section 9. Investment Restrictions. Any money transferred by the MWRDGC to the
RECIPIENTS that is not immediately allocated to an expenditure, must be invested in investments
purchased at the market price, therefore, at all times to the greatest extent practicable, and no
amounts may be held as cash or be invested in zero yield investments other than obligations of the
United States of America purchased directly from the United States of America. In the event
moneys cannot be invested, other than as provided in this sentence due to the denomination, price
or availability of investments, the amounts shall be invested in an interest bearing deposit of a bank
with a yield not less than that paid to the general public or held uninvested to the minimum extent
necessary. Except as provided in Appendix A, all moneys transferred by the MWRDGC to the
RECIPIENTS shall be invested at a Yield not in excess of a Yield to be provided by the MWRDGC
(which may, be revised by notice to the RECIPIENTS). Appendix A contains further details
related to investment restrictions.
Section 10. Use Test. (a) No more than five percent of any of the Facilities will be used
by any entity, other than a state or local government unit, including as a result of (i) ownership,
(ii) actual or beneficial use pursuant to a lease or a management, service, incentive payment,
research or output contract or (iii) any other similar arrangement, agreement or understanding,
whether written or oral, except for use of the Facilities on the same basis as the general public.
Such prohibited use includes any formal or informal arrangement with any entity, other than a state
or local governmental unit that conveys special legal entitlements to any portion of the Facilities
that is available for use by the general public or that conveys to any entity, other than a state or
local governmental unit, any special economic benefit with respect to any portion of the Facilities
that is not available for use by the general public. Such prohibited use might arise pursuant to a
management contract, an output contract, or a contract to accept effluent from an entity. Such
prohibited use will be deemed to occur if the RECIPIENTS enter into any contract with a third
party (other than a state or local government) to manage stormwater process wastewater of the
third party for a fee that is not generally applicable to similar entities with no contract.
(b) None of the amounts transferred to the RECIPIENTS will be used, directly or
indirectly, to make or finance loans to any entity.
Section 11. No Sale of the Project. Except as provided in Appendix A, none of the
Facilities is expected to be sold or otherwise disposed of prior to the earlier of (i) the last date of
the economic life of the property or (ii) December 1, 2044.
Section 12. Use Contracts. Except as provided herein, the RECIPIENTS will not enter
into any contract with any other person that provides special legal entitlements in any of the
Facilities. The RECIPIENTS will not allow another entity to manage, control, or operate any of
the Facilities. The RECIPIENTS will not contractually provide that any of the Facilities will be
used to manage stormwater of a specific non -governmental entity. The RECIPIENTS may enter
into a management contract or other contract concerning such property if it establishes that such
A-3
Packet Pg. 168
9.A.a
contract does not create private use in excess of use permitted under Section 10 and it delivers to
the MWRDGC an opinion of Bond Counsel to that effect with a copy of the contract.
Section 13. Cooperation. The RECIPIENTS will cooperate with the MWRDGC at the
expense of the RECIPIENTS in defending any examination of bonds of the MWRDGC that
financed any of the Facilities. Except to the extent that public safety concerns dictate otherwise,
the RECIPIENTS will allow site visits by the MWRDGC, its counsel, and personnel of the Internal
Revenue Service in response to an examination of such bonds.
Section 14. Annual Reporting. The RECIPIENTS will provide a report to the
MWRDGC at least annually. The report shall state whether the RECIPIENTS have over the
previous year complied with all of its covenants and shall enumerate any covenant violations. The
RECIPIENTS shall maintain adequate procedures and records to allow it to make and support
these annual reports. The RECIPIENTS shall also notify the MWRDGC within 60 days of
discovery of any covenant violations.
Section 15. Remediation and VCAP. The RECIPIENTS will work with the MWRDGC
to remediate any violation of the RECIPIENTS (at the expense of the RECIPIENTS). If the
MWRDGC with the assistance of the RECIPIENTS is unable to remediate the violation, the
RECIPIENTS, at the RECIPIENTS' expense, will cooperate with the MWRDGC on seeking a
voluntary closing agreement with the Internal Revenue Service.
Section 16. Future Events. The RECIPIENTS covenant that they will not take any
action, omit to take any action or permit the taking or omission of any action within its control
(including, without limitation, making or permitting any use of Facilities or money transferred to
it by the MWRDGC) if taking, permitting or omitting to take such action would violate this Tax
Exemption Certificate and Agreement. The RECIPIENTS agree that it will cooperate with the
MWRDGC in responding to any inquiries from the Internal Revenue Service in connection with
an examination of any of such debt.
If the RECIPIENTS have any questions regarding their responsibilities under these
covenants, it will contact the MWRDGC and request clarification or additional guidance.
M.
Authorized Signature for the Lake County
Forest Preserve District
Dated: _, 20_
M.
Authorized Signature for the Village of Buffalo
Grove
Dated: , 20
Packet Pg. 169
9.A.a
Appendix A
Appendix A, Section 1. Funds and Accounts. Listed in Appendix C are all of the funds or
accounts into which the RECIPIENTS may deposit cash transferred from the MWRDGC or
earnings derived there from. Also included is a brief but accurate description of each.
The RECIPIENTS acknowledge that any such fund or account or portion of such fund or
account (whether or not noted in Appendix C) is subject to rebate and investment restrictions
except for any portions meeting exceptions described herein.
Appendix A, Section 2. Project Moneys Received. The RECIPIENTS will hold all amounts
received from the MWRDGC not allocated to a capital expenditure paid by the RECIPIENTS prior
to receipt or within five business days of receipt in a segregated fund or account herein referred to
as the MWRDGC Project Fund.
The MWRDGC Project Fund shall be invested in U.S. Treasury obligations (including SLGS), or
other investments permitted in writing by the MWRDGC in a Notification to the RECIPIENTS.
The MWRDGC Project Fund will not be left uninvested except for amounts under $10,000 or
amounts that are to be allocated to expenditure or investment within 5 business days.
Amounts will be withdrawn from the MWRDGC Project Fund only to the extent allocated to
capital expenditures for costs of the Project. Except as described above, investment earnings on
the MWRDGC Project Fund shall be retained in the MWRDGC Project Fund.
The RECIPIENTS shall provide the MWRDGC with the balance of the MWRDGC Project Fund
on each date that the MWRDGC provides funds to the RECIPIENTS and on such other dates
provided by the MWRDGC in a Notification to the RECIPIENTS. If any amounts or investments
remain in the MWRDGC Project Fund after a date provided by the MWRDGC in a Notification
to the RECIPIENTS then the RECIPIENTS will invest and disburse such amounts only in
accordance with instructions provided in a supplemental Tax Agreement or in a Notification by
the MWRDGC to the RECIPIENTS.
On the dates provided by the MWRDGC in a Notification to the RECIPIENTS, the
RECIPIENTS will provide rebate and yield reduction payment computations to the MWRDGC
based on yields provided by the MWRDGC in Notifications. If any computations show amounts
owed on such investments, the RECIPIENTS shall promptly pay such amounts to the MWRDGC.
Appendix A, Section 3. Market Price Investment Restrictions. The RECIPIENTS will not
invest any of the amounts received from the MWRDGC in any investment that has specifically
negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate, or any
agreement to supply investments on two or more future dates (including any guaranteed investment
contract, forward supply contract, repurchase agreement, or any similar agreement) unless it
awards such investment contract pursuant to competitive bidding in a manner approved by the
MWRDGC and its counsel.
A-5
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9.A.a
The RECIPIENTS may until a date provided by the MWRDGC in a Notification to the
RECIPIENTS invest such amounts in certificates of deposit of banks or savings and loan
associations that have a fixed interest rate, fixed payment schedules and substantial penalties for
early withdrawal only if the yield on the certificate of deposit (A) is not less than the yield on
reasonably comparable direct obligations of the United States of America and (B) is not less than
the highest yield that is published or posted by the provider to be currently available from the
provider on reasonably comparable certificates of deposit offered to the public.
Appendix A, Section 4. Federal Guarantees. Except for investments meeting the
requirements of Appendix A, or prior to December 31, 2017, investments of moneys received from
the MWRDGC shall not be made in (a) investments constituting obligations of or guaranteed,
directly or indirectly, by the United States of America (except obligations of the United States
Treasury or investments in obligations issued pursuant to Section 2113(d)(3) of the Federal Home
Loan Bank Act, as amended (e.g., Refcorp Strips)), or (b) federally insured deposits or accounts
(as defined in Section 149(b)(4)(B) of the Code). No portion of the moneys received from the
MWRDGC has been or will be used to make loans the payment of principal or interest with respect
to which is or will be guaranteed (in whole or in part) by the United States of America (or any
agency or instrumentality thereof). A federal guarantee does not include any guarantee by the
Federal Housing Administration, the Federal National Mortgage Association, the Federal Home
Loan Mortgage Corporation, the Government National Mortgage Association, the Student Loan
Marketing Association or the Bonneville Power Administration pursuant to the Northwest Power
Act (16 U.S.C. 839d) as in effect on the date of enactment of the Tax Reform Act of 1984.
Appendix A, Section 5. Rebate. Amounts received from the MWRDGC except as noted
herein are subject to the Rebate requirement. The RECIPIENTS are responsible for calculating
the amount of rebate if any due on such funds or accounts including those listed in Appendix C.
Such rebate calculations shall be based on bond yields equal to yields provided from time to time
by the MWRDGC. Such rebate computations shall be based upon a bond year ending on dates
provided by the MWRDGC, and installment computation dates provided by the MWRDGC, and
such other dates as may be provided by the MWRDGC from time to time. Such computations
shall ignore "rebate credits" and shall not reflect any hold back amount permitted under the
regulations. For example, the rebate amount shall be 100% on each computation date, not reduced
to 90% as might be permitted under regulations. The RECIPIENTS shall pay to the MWRDGC
the amount of rebate due with respect to each such account no later than 50 days after each
installment computation date.
Appendix A, Section 6. Records. The RECIPIENTS shall retain records relating to each
computation performed and all other investment records of amounts identified in Appendix A,
Sections 1 and 2.
Such records shall include: (a) purchase price; (b) purchase date; (c) type of investment;
(d) accrued interest paid; (e) interest rate; (f) principal amount; (g) maturity date; (h) interest
payment date; (i) date of liquidation; and 0) receipt upon liquidation. If any investment becomes
allocable to one of the funds or accounts described in Section 7 of the Tax Covenants on a date
other than the date such investment is purchased, the records required to be kept shall include the
fair market value of such investment on the date it becomes so allocated. Amounts or investments
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will be segregated whenever necessary to maintain these records. Upon request of the MWRDGC,
such records will be provided to the MWRDGC.
Appendix A, Section 7. Sale of the Project. The RECIPIENTS shall not sell or otherwise
dispose of portion of the Facilities identified on Appendix D without prior written approval of the
MWRDGC or as specifically allowed as described below:
(a) Other than as provided in the next sentence, no Facility identified on Appendix D nor
any portion thereof has been, is expected to be, or will be sold or otherwise disposed of, in whole
or in part, prior to the earlier of (i) the last date of the reasonably expected economic life to the
RECIPIENTS of the property or (ii) December 1, 2044. The RECIPIENTS may dispose of
personal property in the ordinary course of an established government program prior to the earlier
of (i) the last date of the reasonably expected economic life to the RECIPIENTS of the property
or (ii) December 1, 2044, provided: (A) the reasonably expected period of use of that property for
governmental purposes is not less than twenty (20) years; (B) the RECIPIENTS reasonably
expects on receipt of the property that the fair market value of that property on the date of
disposition will be not greater than 25 percent of its cost; (C) the property is no longer suitable for
its governmental purposes on the date of disposition; and (D) the RECIPIENTS deposits amounts
received from the disposition in a commingled fund with substantial tax or other governmental
revenues and the RECIPIENTS reasonably expect to spend the amounts on governmental
programs within six months from the date of the commingling.
(b) The RECIPIENTS acknowledge that if property identified on Appendix D is sold or
otherwise disposed of in a manner contrary to (a) above, such sale or disposition may constitute a
"deliberate action" within the meaning of the Regulations that may require remedial actions to
prevent bonds financing the Cost Share from becoming private activity bonds. The RECIPIENTS
shall promptly contact the MWRDGC if a sale or other disposition of property identified on
Appendix D is considered by the RECIPIENTS.
Appendix A, Section 8. Maintenance of Tax Exemption. The RECIPIENTS recognize that
investors in tax exempt bonds are relying on these covenants, and will contact the MWRDGC if
the RECIPIENTS determine that it may have violated any covenant or if it is unsure of any action
required of it. The MWRDGC may under such circumstances provide the RECIPIENTS with
additional instructions.
These tax covenants may be supplemented or amended by the RECIPIENTS and the
MWRDGC, and covenants contained herein need not be observed if such supplementation,
amendment, or non -observance will not adversely affect the tax status of any bonds of the
MWRDGC intended to be tax exempt, and the RECIPIENTS obtain and deliver to the MWRDGC
an opinion of Bond Counsel addressed to the MWRDGC to that effect.
A-7
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APPENDIX B
GLOSSARY
"Bona Fide Debt Service Fund " means any fund or account (i) established and maintained
primarily for the proper matching of revenues and debt service within a bond year and which is
depleted at least once every year to an amount not in excess of a reasonably carryover amount not
to exceed the greater of earnings on investments in such fund or account during the preceding bond
year, or (ii) 1/12th of the principal and interest payments made from such fund for the preceding
year.
"Bond Counsel" means any nationally recognized firm of attorneys experienced in the
field of municipal bonds whose opinions are generally accepted by purchasers of municipal bonds.
"Commingled Fund" means any fund or account containing both Gross Proceeds and an
amount in excess of $25,000 that are not Gross Proceeds if the amounts in the fund or account are
invested and accounted for, collectively, without regard to the source of funds deposited in the
fund or account. An open-ended regulated investment company under Section 851 of the Code is
not a Commingled Fund.
"Control" means the possession, directly or indirectly through others, of either of the
following discretionary and non -ministerial rights or powers over another entity:
(a) to approve and to remove without cause a controlling portion of the
governing body of a Controlled Entity; or
(b) to require the use of funds or assets of a Controlled Entity for any purpose.
"Controlled Group" means a group of entities directly or indirectly subject to Control by
the same entity or group of entities, including the entity that has Control of the other entities.
"External Commingled Fund" means a Commingled Fund in which the Issuer and all
members of the same Controlled Group as the Issuer own, in the aggregate, not more than ten
percent of the beneficial interests.
"Properties " means the properties and/or facilities identified on Appendix D.
"MWRDGC" means the Metropolitan Water Reclamation District of Greater Chicago
"Non-AMT Tax -Exempt Investments" (i) any obligation described in Section 103(a) of the
Internal Revenue Code of 1986 (the "Code"), the interest on which is excludable from gross
income of any owner thereof for federal income tax purposes and is not an item of tax preference
for purposes of the alternative minimum tax imposed by Section 55 of the Code; (ii) an interest in
a regulated investment company to the extent that at least ninety-five percent of the income to the
holder of the interest is interest that is excludable from gross income under Section 103 of the
Code of any owner thereof for federal income tax purposes and is not an item of tax preference for
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purposes of the alternative minimum tax imposed by Section 55 of the Code; and (iii) certificates
of indebtedness issued by the United States Treasury pursuant to the Demand Deposit State and
Local Government Series program described in 31 C.F.R. part 344 (to the extent permitted by
law).
"Project" means the properties and/or facilities identified on Appendix D.
"Related Person" means a member of the same controlled group.
"Yield" means that discount rate which when used in computing the present value of all
payments of principal and interest paid and to be paid on an obligation (using semiannual
compounding on the basis of a 360-day year) produces an amount equal to the obligation's
purchase price (or in the case of the Bonds, the issue price), including accrued interest.
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9.A.a
APPENDIX C
FUNDS OR ACCOUNTS CONTAINING MONEY TRANSFERRED
FROM MWRDGC TO THE RECIPIENTS
MWRDGC Project Fund [NOT EXPECTED TO BE FUNDED]
C-1
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APPENDIX D
FACILITIES SUBJECT TO USE RESTRICTIONS
THE LCFPD WILL OWN:
1. 7 boardwalks
2. 30 parking space parking lot expansion
3. West unnamed tributary stream restoration
4. Buffalo Creek Main Stem stream restoration
5. Two pedestrian overlooks
6. 1,132 square yards of asphalt trail
7. 10,435 square yards of aggregate trail
8. 251 linear feet of cedar rail fence
9. 17 culverts
10. 220 square yards of riprap
11. 700 Trees of 1.25" caliper
12. 150 trees and shrubs balled and burlaped and that have a minimum height of five feet
13. 200 shrubs that have a minimum height of 24" and are grown in 5-gallon pots
14. Wetland and prairie seeding and plant plugs
C-1
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9.A.a
FORM OF NOTIFICATION OF KEY DATES AND NUMBERS
For purposes of compliance with the Tax Exemption Certificate and Agreement executed
on , 201_ by the Lake County Forest Preserve District (the "LCFPD"), the
Village of Buffalo Grove (the "Village") and the Metropolitan Water Reclamation District of
Greater Chicago (the "MWRDGC ") the MWRDGC hereby notifies the VILLAGE of the
following dates and values:
Tax Agreement Section 4. Earliest Expenditure Date: 11/06/2014
Tax Agreement Section 8. Record Maintenance Date: 12/01/2049
(This is 5 years after the final maturity date of the financing bonds.) This date may be
revised further.
Tax Agreement Section 11. Sale of Facilities Date: 12/01/2044
(This is the final maturity date of bonds financing the Facilities.)
Appendix A Section 2. Rebate Yield(s): 2.73%
Restriction Yield(s): 2.73%
Rebate Computation Date: 12/31/2017
Appendix A Section 3. Investment Restriction Date: 12/31/2017
Appendix A Section 4. Investment Restriction Date: 12/31/2017
Dates used for Section 3 and Section 4 are both 3 years after the earliest issuance of bonds
financing the Facilities
Appendix A Section 5. Bond Yield: 2.7%.
Appendix A Section 7. Earliest Sale date of any financed property 12/01/2044:
Appendix A Section 7. Minimum Useful Life 20 years:
This is the number that when multiplied by 120% equals the weighted average maturity of
bonds financing the Facilities.
(Form to be utilized for projects funded by District Bond Sale.)
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9.A.a
ACKNOWLEDGEMENT OF RECEIPT OF FUNDS
The Lake County Forest Preserve District (the "LCFPD ") provides this receipt for
received by the LCFPD on / /
This amount is allocable to the following post, current or future expenditures check one
Check One
No.
Amount
Party
Paid or
to be
Paid
Date Paid
or
Expected
to be Paid
Past
Current
Future
Future
Amount
1.
$
2.
3.
4.
5.
Total
$
$
The expenditures described above may exceed (but not be less than) the amount received
by the LCFPD.
The LCFPD will hold the sum of future expenditures in the MWRDGC Project Account to
be invested and tracked as described in the Tax Agreement.
The LCFPD confirms that all such expenditures are for the Project and that they are not
being permanently financed from any other source.
LAKE COUNTY FOREST PRESERVE DISTRICT
By —
Its:
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9.A.a
ACKNOWLEDGEMENT OF RECEIPT OF FUNDS
The Village of Buffalo Grove (the "Village") provides this receipt for
$ received by the Village on
This amount is allocable to the following post, current or future expenditures check one
Check One
No.
Amount
Party
Paid or
to be
Paid
Date Paid
or
Expected
to be Paid
Past
Current
Future
Future
Amount
1.
$
2.
3.
4.
5.
Total
$
$
The expenditures described above may exceed (but not be less than) the amount received
by the Village.
The Village will hold the sum of future expenditures in the MWRDGC Project Account to
be invested and tracked as described in the Tax Agreement.
The Village confirms that all such expenditures are for the Project and that they are not
being permanently financed from any other source.
VILLAGE OF BUFFALO GROVE
By _
Its:
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On December 20, 1973 the Village of Buffalo Grove, Lake County Forest Preserve District, and
the Metropolitan Sanitary District of Greater Chicago (currently named the Metropolitan Water
Reclamation District of Greater Chicago - MWRD) entered into an Intergovernmental
Agreement for the maintenance and operation of the Buffalo Creek Retention Reservoir. The
Parties further amended said agreement on December 17, 1984. Under the requirements of the
current agreement, the village is responsible for the maintenance of the site, which includes
mowing of the area adjacent to the emergency spillway and dam twice a year, removing any
material that impedes flow, maintaining the shoreline so as not to create a nuisance, structure
clearing, controlled burn every two years, mowing of 100' wide fire breaks around the perimeter
and within the property annually or as requested by the Forest Preserve District.
In 2013, the MWRD expressed a desire to increase the original Reservoir's capacity for flood
control by approximately 184 acre-feet of storage. Concurrently, the Lake County Forest
Preserve District was working on plans of its own to expand the trail system and provide other
amenities. In order for either project to move forward, the existing IGA would need to be
revised.
Since 2014, Village Staff along with representative from the other agencies have been working
on a revised IGA. The parties have reached consensus on the final terms of the agreement and
responsibilities of the parties. Attached is the final agreement and related documents. The
preponderance of the agreement addresses the relationship between LCFPD and the MWRD as it
relates to land ownership, easements, various permitting requirements, bidding, financing and
construction contract administration. Article 9 is specific to the Village and the maintenance
responsibilities required. Through this proposed agreement, the Village's maintenance
responsibilities have been reduced. Under the agreement, we are no longer required to perform a
controlled burn or fire break mowing.
Staff feels that this is an equitable agreement and would recommend Board approval at the
January 23rdVillage Board meeting.
c: William Raysa, Village Attorney
9.A.b
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1/10/2017
9.A.c
RESOLUTION NO. 2017 -
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR
DESIGN, CONSTRUCTION, USE, OPERATION, AND MAINTENANCE OF
STORMWATER AND RECREATIONAL IMPROVEMENTS
AT THE BUFFALO CREEK FOREST PRESERVE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, the Village of Buffalo Grove ("VILLAGE") , the Lake County Forest
Preserve District (LCFPD") and the Metropolitan Water Reclamation District of Greater Chicago
("MWRD") entered into an agreement in 1973 concerning the Buffalo Creek Retention
Reservoir which agreement was amended on December 17, 1984; and
WHEREAS, MWRD desires to increase the original reservoir's capacity for flood
control; and
WHEREAS, LCFPD desires that certain improvements be constructed within the
Buffalo Creek Forest Preserve; and
WHEREAS, the VILLAGE is willing to modify the maintenance operations it will
perform on the reservoir site.
NOW THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS, that the Village President and Village Clerk are hereby authorized and
directed to execute the attached Intergovernmental Agreement.
AYES:
NAYES:
ABSENT:
PASSED:
, 2017
APPROVED: , 2017
APPROVED:
Beverly Sussman, Village President
ATTEST:
Janet Sirabian, Village Clerk
9679916
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9.A.d
INTERGOVERNMENTAL AGREEMENT FOR DESIGN, CONSTRUCTION, USE,Style
Definition: Normal: Font: 11
OPERATION, AND MAINTENANCE OF STORMWATER AND RECREATIONAL
IMPROVEMENTS AT THE BUFFALO CREEK FOREST PRESERVE
Style Definition: Revision
Style Definition: Balloon Text: Fon
THIS INTERGOVERNMENTAL AGREEMENT (hereinafter the "Agreement") is entered
(Default) Segoe UI, 9 pt
into this, , 201 as of 2017 ("Effective Date"), by and
Style Definition: Header,h: Font: 1
between the Metropolitan Water Reclamation District of Greater Chicago, a unit of local government and
Style Definition: Footer,f: Font: 11
body corporate and politic existing under the laws of the State of Illinois (hereinafter "MWRD"); Lake
Style Definition: Comment Text: F
County Forest Preserve District, a body politic and corporate (hereinafter "LCFPD"); and the Village of
Style Definition: Comment Subjec
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Style Definition: StyffoldnderlBuffalo
Grove, a municipal corporation (hereinafter the "Village") (hereinafter collectively known as the
Centered Before: S
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"Parties").
Style Definition: hkBodjD,bjd
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Style Definition: hkSubtitlest
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WITNESSETH:
Style Definition: TitleCenterBold,tc
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WHEREAS, the MWRD is a body corporate and politic organized and existing under the laws of
Style Definition: DoubleLine,d
the State of Illinois, 70 ILCS 2605/1 et seq., having among its powers the authority to constrict, operate,
Style Definition: ParaNORMAL,p
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and maintain flood control facilities; and
Style Definition: Signature
Style Definition: List Paragraph
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WHEREAS, the LCFPD is a body politic and corporate, organized under the Downstate Forest
Formatted: Justified
Preserve District Act, 70 ILCS 805/0.4 W01 et seq., and having among its powers the authority to
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construct, operate, and maintain recreational facilities and to acquire and own land that is required to store
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flood waters, or control other draina re and water conditions; and
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WHEREAS, the Village is a municipal corporation organized, operating, and existing under the
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laws of the State of Illinois, and having among its powers the authority to construct, operate, and maintain
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flood control facilities; and
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WHEREAS, the Parties entered into an agreement in 44741973 entitled "Agreement between the
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Lake County Forest Preserve District and the Village of Buffalo Grove, Illinois and the Metropolitan
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Sanitary District of Greater Chicago for t4t—Buffalo Creek Retention Reservoir; Lake County, Illinois:
The" and the Parties further amended said agreement on December 17, 1984—Both__pursuant to an
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"Aareemerat Aendiri� a I'revicsus A€�ceeent between. the Lake County Forest I'resccve District and the
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Village of Buffalo Grove, Illinois and the Metropolitan Sanitary District of Greater Cl ica >o for the
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Buffalo Creek Retention Reservoir Lake County, Illinois" (such agreements are collectively referred to
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herein as the "OriginalIGA—,"a and
WHEREAS, the Original IGA provided that LCFPD would acquire certain land�vt that is
§egttl'�-�e�a�d FrvhiF A' ltunow earnmonly known as the "Buffalo Creek Forest
Preserve," and grant to the MWRD an easement across a portion of the Buffalo Creek Forest Preserve,
which portion is legally described on Exhibit A attached hereto as the "Easement Property," for "flood
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9.A.d
control and related purposes" and for "the construction of a flood control reservoir which will reduce
flooding within the corporate limits of the.[MWRD.j and the Village and other downstream areas in Cook
County" (the "Easement"); and
WHEREAS, on March 1, 1984, LCFPD granted the Easement to the MWRD pursuant to a
document entitled "Perpetual Easement Grant," recorded with the Lake County Recorder of Deeds as
Document No. 2269954 (the "Original Grant ._and thereafter, the MWRD constructed a reservoir
within the Easement Property that has approximately 760 acre-feet of storage capacity (the "Original
Reservoir"); and
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WHEREAS, the MWRD desires to increase the Original Reservoir's capacity for flood control
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by approximately 141184 acre-feet of storage (the 2""Additional Capacity" . ' the Original
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Reservoir, expanded to include the Additional Capacity, is referred to herein as the °-"Expanded
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Reservoir, —" 'tea conceptual configuration of the Expanded Reservoir is generally depicted on the
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concept plan attached hereto as Exhibit B (the ""Concept Plan!` ," • and
WHEREAS to consisuct the Additional Capacity, MWRD will excavate a portion of Buffalo
00
Creek Forest Preserve and desires to place the excavated material from such excavation on a paetian of
Buffalo Creek Forest Preserve located west of Schaeffer Road, and LCFPD is willing to allow such
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placement, if the excavated material is uraded, seeded, and planted as part of a prairie restoration protect"
as provided in this Agreement (the area in which the fill will be placed and that will be the location of the
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prairie restoration proiect is generally depicted as the "Utvland Restoration and Byj r Areas" on the
7-
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Concept Plan); and
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WHERE AS, the excavation work necessary trr create the Additional Capacity will impact
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exrstrns stream channels wrtlurr Buffalo Creel{ F'carest Preserve and, to rnrtr�ctte such rmpaets as redulred
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by the United States Army Cor s ofEnt_=irreers ("rTSACE'"1, MWRD is rectuu�ed to perform mitigation
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work along the main stem of Buffalo Creek and the west unnamed tributary (east of Schaeffer Road}
within Buffalo Creek Forest Preserve, which could include reducing the grade of stream banks where
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steeper grades have resu ted from erosion, the removal of invasive s reeies, and the planting of native
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species along stream banks (the ",S`tream Channel I�iti�ation �'os^ "}, and
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Formatted: Justified
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WHEREAS, the LCFPD desires that certain improvements be constructed within the Buffalo
Creek Forest Preserve that will enhance the public use of, and restore and preserve the natural features of,
the Buffalo Creek Forest Preserve, including trails, bridges, boardwalks, overlooks, parking areas,
grading, landscaping, and restored areas (including restored prairies new wetlands and restored
shorelines, the -'Upland Restoration and Buffer° Areas, and the Stream Channel Mitigation Wod{(the
"Preserve Improvements" ;a; LCFPD previously engaged Pearson, Brown & Associates, Inc. € R+*--to
2
Packet Pg. 183
9.A.d
prepare design plans for certain portions of the Preserve Improvements, which plans are described on
Exhibit C and, by this reference, incorporated into this Agreement (the na1- . , "Ori, ina1
d�Cans"� some of the Preserve Improvements are also generally depicted on the Concept Plan; and
WHERE ASg ECFPD has obtained perrrtits for the construction of certain portions of die
Preserve hnprovernenrts in accordance with the Original Plans, ir�clucting permits from the t1SACE, the
Lake County `stormwater Management A,,cncy, and the Lake County Department of Transportation the
WHEREAS LCFPD has expended funds for the reparation of the Oriinat Plans, obtainin =the
Existin#r Permits the
Preserve Improvements and intended to solicit bids for the corustructian of certain portions of the Preserve
hnprovernents in accordance with the Original Plans and the Existing Permits but. at MWR[Ys request
has delayed such solicitation to give the Parties an opportunity to receive the benefits provided for in this
Agreement and
WHEREnd
engineer the Adclidonat Capacity, the Expanded Reservoir, the Upland Restoration and Buffer Areas, and
the other Preserve Improvements; and
WHEREince the Preserve
Improvements including, but not limited to raising Boardwallc 3 above the 100-year flood to allow for
continuous access along the southern trail loop tluough the Buffalo Creek Forest Preserve; and
WHEREAS, the Consultant has prepared and provided to the LCk'PD near -dual plans and
specifications dated February 2, 2010depicting the construction of the Expanded Reservoir and the
Preserve hnprovements (collectively the `Wi�r%�'} and such plans and specifications are described on
Exh blt 1� and, luv this reference, incorporated into this Agreement (the "98% hlans!a ; and
WHEREAS the LCFPQ has approved the 9&% Plans; and
Formatted: Justified
W-HEREAS, the Parties acknowledge that-0i the Buffalo Creek Forest Preserve is subject to any
agreement between the LCFPD and the Illinois Department of Natural Resources of JDNRI�.n related to
a Land and Water Conservation Fund grant and agreement received by the LCFPD from IDNR (the
"LAWCON Agreement!!}- - F-st tt.n, attached hereto as Exhibit E, (,ii)ursuant to the LAWCON
Agreement, the LCFPD is the local sponsor of a public outdoor recreational project at Buffalo Creek
Forest Preserve:--44te iii the LAWCON Agreement places certain restrictions on the use of the Property
and prohibits a conversion of the Property to a use or uses other than public outdoor recreational uses, as
Packet Pg. 184
9.A.d
determined under applicable law (a "Conversion"), unless the Conversion is approved as required by
applicable law ar2d, and iv} LCFPD has obtained verification from IDNR that this Agr eernent and the
Parties actions pursuant thereto, comaly with the LAWCt3N Agreement and will not cause a prohibited
Conversion, and such verification is attached hereto as I,xhibit F (the "LA B�WCO N Ver°i ication" ).
WHEREAS, the Parties ackrrawled e arrd agree that i} the F,asernent Property already inehrdes
all portions of E§uffalo Creek Forest Preserve that are necessary for MWRD to perform the Work, excel
for the Work to be performed west of Schaeffer Road and (ii) LCFPD anci MWRD wilt execute the
Temporary Easement Arcement as provided in Article 2.8.) to MWRD to perform the Work west of
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Schaeffer Road; and
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WHEREAS, the Parties further acknowledge and agree that (i) it is appropriate to approve the
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Amendment to Grant (as provided in Article 2.A.t which will provide record native that the Ori rgrraI
Grant is subiect to this Agreement and that this A�reernent will supersede the Original IGA in the event
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of a conflict and (ii fallowing approval of this Agreement and the Amendment to Cnant MWRD will
I the right to construct the Work and to operate the Expanded Reservoir pursuant to the Ori it nal
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Grant, as anxended, and this Agreement, subject to the LAWC'(?N Agreement•
m "Formatted: Justified
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WHEREAS, on ,April 7, 2010 the MWRD Board of Commissioners
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authorized the MWRD to enter into atthis intergovernnental agreement with the LCFPD and the Village
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WHEREAS, on the LCFPD's Board of
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Commissioners authorized the LCFPD to enter into allthis intergovernmental agreement with the MWRD
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and the Village; and
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WHEREAS, on the Village's Corporate Authorities
authorized the Village to enter into afcthis intergovernmental agreement with the MWRD and the LCFPD;
andeii
WHEREAS, the MWRD, the _ , LCFPD, and the Village are public agencies within the
meaning of the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; and
WHEREAS, Article VII, Section 10, of the 1970 Constitution of the State of Illinois encourages
and provides for units of local government to contract and otherwise associate with other units of local
government to exercise, combine or transfer any power or function in any manner not prohibited by law;
and
Packet Pg. 185
9.A.d
WHEREAS, the MWRD, the SIT- DLC F'PD, and the Village have determined it is in the best
interests of the Parties, as well as the residents and individuals served by the Parties to utilize certain of
each other's facilities as described in this Agreement; and
WHEREAS, the MWRD, the 1-,Gl44)LClFPD, and the Village have a history of working
cooperatively for their mutual benefit and the benefit of their respective constituents and desire to further
define their respective rights and responsibilities with respect to the joint activities and improvements
described herein:y
Q
C9
NOW, THEREFORE, pursuant to the autlxorities recited above and all applicable authartity. in
j
L
consideration of the matters set forth in this Agreement, the mutual covenants and agreements contained
N
in this ° ,- AAgrcement, and other good and valuable consideration, the receipt and sufficiency of
m
0'
Y
Which is hereby acknowledged the MWRD, the L .4+ :}LCFFD, and the Village hereby agree as follows:
Formatted: Outline numbered + L
L _
V L
ARTICLE 1. INCORPORATION OF RECITALS.
+ NumberingStyle: 1, 2, 3, ... + Sta
C 1
+ Alignment:Left+Aligned at: 0"
r
The recitals set forth above are incorporated herein by reference and made a part hereof.
after: 1.15" + Indent at: 1.15",
00
3Widow/Orphan
control
A C AFI' r
ti
0
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ARTICLE 2m 4_ a*AC- N ARic,
Q
INTERESTS.
�=
A--Arnend ent to Grant. Within five (S) days after the Effective Date (4 '� " �t ��I�
r sr-e- n-�.—�1� purstiEan�tF gr�rt
��rxv�rssn, ,. nr,�>a^^r'a'v;;�1�t1-1-s✓s rat ° ' ° eitrg-f , � . .. tc. , nn�a�� � Pafle
(� . ULC+ �C�C}],- gyp'. 11 / -r Y P! •Y$v YBad CLL,`l ,`5 ha' . Gl CrCGLY—PGeCCC1lT%Y
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lii itBE�-c>E3i2§�' �•� � a,a/rr®any
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I3. IrrE 117]IYIY lit= AIEit-m z c ii :ir7c TfkEJn% ex x yr coi v a x as z a.laa, nct H2O
,. ene.�, 3a siaa-i.-' se-ui e,-vclnsdzm,2t-t8-
}�.aknti-s`it'id-;spec-ifiE: a%iE3n£s-d2�:iiC-tt�kg-tla�F�i+'-6Y-hiE1�-tl�-.r✓7E}3�tnd�Ei-l�-E':iP. i=`t@ir�4el=�e•
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tt �° ttcttttt° • ?4�,a�,-€n-an-ve-�'n`-���et;
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reet€tea}liaa a; aestlpve
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�a� the -tom' ", i*ag� ~r�er�, 1~t-re ' • tv , %r:-F repza 7-�=*�
-�-�� t{-"t0- , )1-�- t-i-1' � 1kitSztl?�/- '$$Y- , "k�', ,i-cv-tr�"sc-r-c➢C P+ts"tC�+-ra-'r'c'c,:rrc rt;pl t ,
`EH`i2-,v-it� .;.scc 4 vg v��l�l� r. 4ii ' ti"eptl ice- �cu•,,, vs et`5 r'i"�E't
�r ��hc n'tlt, ._ - • . . • .,EtcsH-en-t• " ,, • . �-tlea€ , . �. ' �,a11-met-kr-�evre�u
� `VVZYrL%1TLLAT�L"Y%—CJd°"—lii.0 Lt4CGLE CEY (1"V Y2Ca—i2E �S. l2L3di" }E
c�z7 9LLYYY uz --%seciaa'ciaais&t3#Df3ci . i-. t. it.s ��t &i ' ,.�}�ti�-f :.YYs
df3�`5-Pnr'v--t€',asr , �HS , , . 1f"t"t ` tF1-H. r'u'ri-svi cE3-" L-` - 's•
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Per�ed. is- to rtat4••;`,-1-�,r'�=,""'D-�-' 'te 1't��r t�eHt;-i+2
dam.=,ter t��^.u�eti k � ��1�-a4ec-e�anK;e�tt-ss;- .'-ttHfit�'-t :r�tHt-f`
LCFPD and MWRD shall execute the
"Amendment to Perpetual Easement Grant" attached hereto as Exhibit EG (the "Amendment to
h— ,' r�; - �ii-i-eii = - nEired—Pce,, r }tom
lkt$E) � zap-csi�=E-�cd'i'aitid :Yf3$" tE'.-. 'tE %"utiiiaa�-n E;{#�i"ei% l��scs-ui'i'siacsFM"1%°Ei"
Tr[.'J'�v'L'r'ca�-�iET"tl#El£`d-i"u. SIX< -LE C-Yrf"�r1Tu Y221"Sl^S�T'r��C� Ll1tiTLYIV aI �Tnf}.'i$t7"P'Y:�
a��g;�a23����,�'�f°,�.r_ ,avn-e'?�t w i encr LLGn ecr-e.�rraa%tic Ece-a e• €➢e. e.P � ,
aa%; rrac-%. ak"f"K'S`-E`}FE'Ek tf9-�t2=£�.iic� %wrsr"s.�L-r
w
Formatted: Outline numbered + L
+ Numbering Style: A, B, C, ... + Stz
+ Alignment: Left + Aligned at: 0.�
Indent at: 05', Widow/Orphan cor
Packet Pg. 188
9.A.d
$. Te porary Site Access. Within five (5) days after the Effective Date, LCFPD and MWRD will
execute to
MWRD r
construction of the Work.
ARTICLE 3. REIMBURSEMENT.
In consideration of MWRD utilizing LCFPD's plarrs and specitcations for certain portions of the Preserve
Improvements„ MWRD will reimburse LCFPD in the amount of $147,899.Od (the "IZeimbzersement
tmeaunt' within the later of thu ty (30) flays after LCFPD 11as approved the Final Plans as defined in
Article 4.F3.) and naiified MWRD of such approval and tivrty_(30�days after the Effective Date.
ARTICLE 4. FINAL DESIGN AND CONSTRUCTION OF EXPANDED RESERVOIR AND
A. its—r hip 4g ' n*; .' 2-�Per its. LCFPD will z.�°�.y= e.�ann�tiu- z�-4� ��
assign or transfer the Existing Permits to MWRD, to the extent the Existing Permits authorize the
Work and to the extent such assignment is authorized by the agencies that issued the Existing
Permits. MWRD will be responsible for obtaining any required amendments to the Existing
Permits and all other permits, approvals, and authorizations for the Work, at no cost to LCFPD.
B. Contract Documents.
(i) Preparation of Contract Documents. If-
MWRD"
-4+&4will prepare, or cause its Consultant to prepare, at no cost
to LCFPD or the Village, (i) tonal plans arrd specifications far the Work (the "Banal
flans"), (ii) one or more construction contracts (the "Construction Contract's for
the construction of the QM a 4ed-Re. p — he E tt i1/6'rairiE l acier}
A e-aa nit e P �.,ve ve lrrr_ . r q Wore, and
(iii) a schedule for construction of the Work (the "Schedule!%�- rrci-04)-the frtnal
pleats—atteei€ietrtiorrs (th�ea lay 'ate tlt") (collectively, the
"Contract Documents").
(ii) Final Plans. The Final Plans must be consi tent with the 98% Plans and this
A"reemerrt and are subject to approval by LCFPD. LCFPD shall not unreasonably
Formatted: Outline numbered + L
+ Numbering Style: 1, 2, 3, ... + Sta
+ Alignment: Left + Aligned at: 0"
after: 1.15" + Indent at: 1.15",
Widow/Orphan control
Formatted: No underline
Formatted: Outline numbered + L
+ Numbering Style: A, B, C, ... + Sta
+ Alignment: Left + Aligned at: 0.�
Indent at: 0.5", Widow/Orphan cor
Formatted: Outline numbered + L
+ Numbering Style: i, ii, iii, ... + Stai
+ Alignment: Left + Aligned at: O.i
Tab after: 1.25" + Indent at: 1.25",
Widow/Orphan control
delay its review of the Final Plans and may withhold its approval of the Final Plans
onl if they are inconsistent with the 98 Plans or this Agreement.
Formatted: Outline numbered + L 3
(-ra)(iii) Construction Contract. The Construction Contract will require the Work" + Numbering Style: i, ii, iii, ... + Stai L
Contractor (as defined herein) to: + Alignment: Left + Aligned at: 0.7
Tab after: 1.25" + Indent at: 1.25",
Widow/Orphan control
Packet Pg. 189
9.A.d
1. fully restore any portion of Buffalo Creek Forest Preserve that is damaged by the" Formatted: Outline numbered + L I
+ Numbering Style: 1, 2, 3, ... + Sta 1
Work to its pre -construction condition, + Alignment: Left + Aligned at: 1.�
Tab after: 1.5" + Indent at: 1.5",
2. comply with applicable law, including the Public Construction Bond Act, 30 Widow/Orphan control, Tab stops: it
ILCS 55010.01 et seq., and } ar rin i ti( deposit with the MWRD, the 1.5"
LCFPD—lrtt;;—aVwev,-d—all—Wow}, and the Villatre„ a pe fon+ mee—bond and
pitymem,Ln the MWRD standard bond teria m
attached hereto as Exhibit L (but naming MWRD as obligee and LCFPD as dual
obligee of such bond,),
3. provide insurance as required in Article 56,
4—grant to the LCFPD and the Village the right to inspect the Work upon
reasonable notice to MWRD,
Volume 2 of the 98% Plans to MWRD that fir a period of° one year after
MWRD akrproves in writing the construction of the Preserve hnprovements that
are not natural areas (such as restored rp nes new wetlands restored shorelines
The Upland Restoration and Buffer Areas, and the Strcam Channel Mitigation
Works the "aSir�ieetl 1'aesew� dtsetBv�rar�ts"l, the Structural Preserve
Improvements will 1ae free from defects in materials arrd workmanship which
guarantee is in addition ter Work Contractor's r7bligations t7tusuant to Article
4,D�il. Prior to MWRD agtproyin the construction of the Strtilctural Preserve
Improvements„ MWRD will give LCFPD a reasonable op �ot� turrity to comment
on the construction of said improvements. MWRD will approve in writirrt the
construction of the Structural Preserve Improvements when they are installcd to
accordance with the Contract Documents and LCFPD caricurs and such
concurrence shalt not be unreasonably withheld or delayed by LCFPD. After
proval of construction of the Structural Preserve _MWRD will
enforce the guarantee of the work on behalf of LCFPD.
6. with respect to Temporary Storm Water Pollution Control„ as described in
Section 01 5723 of Volume 2 of the 95% Plans submit a work plan to MWRD
for review and aLproval prior to the start of in -stream work. LCFPD may review
and comment on the work plan. MWRD willconsider and incorporate all
comments from LCFPD with reasonable discretion
a
L_
.O
d
N
Formatted: Outline numbered + L
+ Numbering Style: 1, 2, 3, ... + Sta
+ Alignment: Left + Aligned at: 1.;
Tab after: 1.5" + Indent at: 1.5..
Packet Pg. 190
7. with respect to Site Clearin€ and Grubbing as described in Section 31 1005 of
Volume 2 of the 98% Plan or s f each day during which the Work Contractor
desires to burn brush -piles. -obtain LCTPlYs-approval to conduct such burningan
that da vrhich approval will be granted or withheld based only on the extent to
which wind, such
Ijurning-jonegatively impact owners and occupants
—rri- —
Buffalo Creek Forest Preserve,
8. with respect to Wetland Planting„ as described in Seetian 32 3 of Volume 2 of
the 98% Plans, during the time during which any wetland plants are benn-
installed,alan to M.WRD to beshared with �LCIPD identifyLn€L the quantity s �ccies,
of plants installed during the previous week alone with the areas within which
0
9. with respect to onsite Stream Channel Mitigation Work, as
C in Volume 3 of the 98%-Plans -Lp. 10 IML2 and 4J-LjRJrior to removing trees
------------------------- —
shrubs, other vegetation for the Stream Channel Mitigation Wo1—give
1.CFPD a reasonable o -�ortiin�itKI2_identify _specimen trees and native shrubs to
be left in dace and ii�arior to the installation of each rifflelgraade control feature
as pact of the Stream Channel Mitigation Work, dive LCF'PD a reasonable
opportunity identifications
and approvals will not be unreasonably made, withheld, or delayedi, and
-5710. complete all
enhanee—mentWork in accordance with the Planting --acid—.'� - -
Spiee4leattonsl`irial Plans and all applicable laws (including any applicable Afmy
requirements t--4)-the-
es--i+
PWYi-ftnd4—' Agfeeffi,44-�, tb- �, ,
10
R
Formatted: Outline numbered + L
• Numbering Style: 1, 2, 3, ... + Sta
• Alignment: Left + Aligned at: 1.�
Tab after: 1.5" + Indent at: 1.5",
Widow/Orphan control, Tab stops:
1.5"
I Packet Pg. 191 1
�.- �,y--4h4k��Ilant* —g and--See4mg��
The Construction Contract will besubstantiallyin the form of the contract attached
hereto as Exhibit J. MWRD will not amend the Construction Contract JL-any
manner that limits LCFPD's rights under this Agreement.
(-,,)Livi Schedule. The Schedule will ensure that the Work Lcjxcludin6 required natural area Formatted: Outline numbered + L
----- + Numbering Style: i, ii, iii, ... + Stai
monitoring and mono B ent, which VIiN will complete in accordance with + Alignment: Left + Aligned at: U
Article 4.1).(i)Lis complete by the date that is —36 months after the Effective Tab after: 1.25" + Indent at: 1.25",
Widow/Orphan control
Date of this Agreement (the "Substantial Completion Dated-aftd" �.fhc Schedule
will include a phasing/sequencing schedule approved by LCFPD that CiL-fur the
portion of Buffalo Creek Forest Preserve east of Schaeffer Road, allows users at all
times to drive their vehicles into and VILk withinthe-parkinly lot located in the
northeast corner and walls via one or more trails, between the parkin lot and the
intersection of the trail with Schaeffer R�(Yadexcc except that, after cyivyin-LCF�PQ14 day
advance notic ed
12 day iiLfor the portion crf Buffalo Creek Forest Preserve west of Schaeffer Road,
allow users at all firries to walk via one or more trails between Schaeffer Road and
Checker Road, and _(iii) otherwise keeps as much of Buffalo Creek Forest Preserve
open and safe for the public use as is practical-,-444&ttt,4+._ LCFPD ap)L)roval of the
Schedule shall not be unreasonably made, withheld, or delayed. LCFPD reserves the
right to temporarily close portions of Buffalo Creek Forest Preserve to the public if it
deems it necessary or appropriate to do so.
C. Award of Contracts and Performance of Work. After completion of the Contract Documents, Formatted: Outline numbered + L
+ Numbering Style: A, B, C, ... + Stz
MWRD shall, in accordance with applicable law, solicit competitive bids for the Work to be + Alignment: Left + Aligned at: 0.2
performed pursuant to the Construction Contract, notify LCFPD and the Village of the bidders Indent at: 0.5", Widow/Orphan cor
and amounts of their bids, and award the Construction Contract for the Work to the lowest
responsible bidder or bidders (collectively, the "Work Conti -actor"). N4-W1U-)!sM\VR-D is
required by law to award the Construction Contract to the lowest responsible bidder. The Village
and LCFPD ions of the lowest
howeverresponsible bidder prior to the award of the Construction Contract work; MWRD's
decision on the award of the Construction Contract wiUshall be binding and conclusive. MWRD
M
I Packet Pg. 192 1
9.A.d
will provide a full photocopy of the executed Construction Contract to LCFPD and the Village.
MWRD will provide written notice to LCFPD and the Village of the date upon which Work will
commence. MWRD shall cause the Work to be constructed by the Work Contractor at no cost to
LCFPD or the Village in accordance with the Contract Documents. If LCFPD €w4h e V 1a"
requests a change order to the Con4, fHetio*Contract Documents that changes the scope of Work
for the Preserve Improvements, but does not change the design of, or unreasonably interfere with
the construction of, the Expanded Reservoir, then MWRD will approve, and cause the Work
Contractor to approve, such change order. LCFPD-or *?logo will be responsible for any
increase to the price of the Construction Contract arising from such change in scope of the Work.
Before it approves the Work Contractor's construction of the Preserve improvements as
conformuu to the Contract Documents, MWRD shall 1>ive LCFPD a reasonable opporkunity to
inspect fhe Preserve Improvements and provide written comments to MWRD as to whether the
Preserve Improvements have been e<,ansfl ucted in accordance with the Contract Documents.
MWRD's approval or acceptance of the Work will not be deemed to waive ar bar auy ri hg t or
claim of LCFPD for breach of or default under thus A areement or (to the extent LCFPD has third-
azrty entbrcement rights under the Construction Contract} the Construction Contract unless such
acceptance is based on LCFPD's ex�aress written approval or acceptance of the relevant nortion of
the Work.
D. Post -Construction Obligations.
r �.-a:� . l�atura Eirea Monitoring and 112anagerr,cnt and ce and
Shrub Maintenance, Formatted: Underline
�i . MWRD shall
efthaflee ork
Contractor to maintain all new trees and shrubs in accordance with the
maintenance standards set forth in the 1J7SA;o
ri' 1-i rk�'Ecrrizcisac`-i: w'erc h—ihc n7s'cfit&f3 , o:ma-:`cn`"xcaaes�
F��d°e ees 98°la Plans for a period of one (1) year after
the: ~ r`tedate upon which MWRD approves in writing the installation
of the trees and shrubs and shall replace any tree'*-trec or shrub that diedies
within such period at no cost to LCFPD.—I G rival n�:t eeptji)-ihe-a' lands
t:s-ttrrt ree � tre we;�-antra-,g°av°aa
2. MWRD shall and shall cause the Work f.ontractar to, monitor and manage all
prairie areas restored as part of the Work, includin tg he L pland Restoration and
12
Formatted: Outline numbered + L
+ Numbering Style: 1, 2, 31 ... + Sta
+ Alignment: Left + Aligned at: 1.�
Tab after: 1.5" + Indent at: 1.5"
2-
(n
� 1
Packet Pg. 193
Buffer &
MANAGEMENT" areas depicted on Sheet Numbers L- 116 and L- 117 of the
98% Plans, u1 accordance with the performance criteria set forth in Section 32
7220 of Volume 2 of the 9M. �Plans _thel]',A�C'Fer�iyntancl �inAi Appendix D of
Volume 3 of the 98% Plans for a period -ofthree -(3) ears or and ton Yer period
----- f ---- 1_-—
required by law} after the date upon which MWR[7 approves in
g_Abc
construction of all restored pyLairie-areasexcept ffiaL� f �,.,uch performance criteria
are not satisfied by theendof such 3-year or longerLperiod, the Work
Contractor shall continue adaptive tive management and monitoring until such perfarrnance criteria are satisfied arrd MWRD receives written maLion from
USAGE irrdicatin the adaptive manaement plan has been carried out to
-USACE's satisfaction.
3. MWRD sha1L and shall cause the Wark Contractor to, monitor and manaee all
new wetlands and restored shorelines constructed as, part of the Work that are
within the "3-YEAR MONITORING & MANAGEMENT" areas depicted on
Sheet Numbers L- 116 and L- 117 of the 98/o Plans in _accordance with the
the USACF_permit, and inAppendix f Volume 3 of �the')8/o Plans f�ora D o��
period of three -IjaLars or any Iong r period required b lawl after the date
upon which MWRD approves isr writing the construction of"all new wetlands and
restored shorelines„
the end o e
adaptive management and monitcrrin until such performance criteria are
satisfied and MWRD receives written confirmation from USACE iridicaLirlg the
Ldaptivemanaernerrtplars has been carried out to USACE,'s satisfaction.
4. MWRD shall,the
areas improved by the Stream Channel Mitigation Work that are within the "5-
YEAR MONIr FORING & MANAGEMENI:-qreas depicted on Sheet Numbers
L-1 16 and L-1 17 of the 99�/o �Plqns in �accord�zqncc with �thc performance �criter�iq
set forth in Section 32 7220 of Volume 2 of the 98% Plans the —USACEperm—it
and in Appendix C of Volume 3 of the 98°la Plans for a period of five (5)�or Y-
lon longer �eriod required by laws after date �u on which MWRD aroves�inwriting the construction of the Stream Channel Mitigation Work„ except that. if
13
C)
FN
I Packet Pg. 194 1
9.A.d
until such performance criteria are satisfied and MWRD receives written
confirmation from USACE indicating the adaptive management plan has been
carried out to USACE's satisfaction.
Acceptance of the trees and shrubs, restored prairie areas, new wetlands and restored
shorelines, and the areas improved ltv the Stream Channel Mitigation Work will be in
accordance with the Contract Documents.
(ii) As -Built Surveys. After the P-r , , , 1 err • . eWork has been completed"
Formatted: Outline numbered + L Q 3
+ Numbering Style: i, ii, iii, ... + Stai
L
in accordance with the Contract Documents, MWRD, at no
+ Alignment: Left + Aligned at: 0.-/
`
cost to LCFPD or the Village, will causet�the Work Contractor to deliver
Tab after: 1.25" + Indent at: 1.25",
C
Widow/Orphan control
d
surveys to LCFPD and the Village surveys -depicting the as -built condition of all
M
finished fr yr rt . tarn r n ' a'Lures (nattt tt+r tt
Y
- Structural
m
U
Preserve Improvements ("Improvement As-Builts' and any as -built surveys or
p
drawings of any portion of the Work that are required by any other governmental
agency. For each such Preserve Improvement, the Improvement As-Builts shall (i)
m
depict the finished Preserve Improvement in accordance with ALTA/ACSM
ti
standards, (ii) depict the finished Preserve Improvement in cross -sections, at intervals
c
of not less 50 feet, (iii) depict the topography of that portion of the Buffalo Creek
N �
Forest Preserve upon which the finished Preserve Improvement is constructed and 4
Q
iii-erve
Improvement, providing such information as is generally provided in a topographic
w
O
c
survey, including spot elevations at intermediate stations and grade changes sufficient
O
N
to provide as -built contours, and (iv) be provided in MicroStation V8 format, based
L
on a "seed file" template to be provided by LCFPD and adjusted to the horizontal and
vertical standards described below. To prepare the Improvement As-Builts, MWRD
shall cause its surveyor to establish horizontal and vertical control points within the
a'
Buffalo Creek Forest Preserve. All horizontal control points shall reference the
Illinois State Plane Coordinates Eastern Zone NAD 83 and all vertical control points
E
shall reference North American Vertical Datum of 1988. Global Positioning Systems
v —
Formatted: Outline numbered + L
L
may be utilized but information must be provided in feet not meters.
+ Numbering Style: 1, 2, 3, ... + Sta
Q 1
+ Alignment: Left + Aligned at: 0"
-'
after: 1.15" + Indent at: 1.15",
ARTICLE 5. PERMITS AND E_ ; ; " FEES.
Widow/Orphan control
A. Permits. The DisitFietMWRD shall obtain all federal, state, and county permits required by lawA
Formatted: No underline
Formatted: Outline numbered + L
2
for the construction of the xrAdditional Capacity and Expanded Reservoir.
+ Numbering Style: A, B, C, ... + Ste
1
Additionally, the D4s�, 1\4WRD will obtain all consents and approvals required by federal, state,
+ Alignment: Left + Aligned at: 0.�
Indent at: 0.5", Widow/Orphan cor
14
Packet Pg. 195
9.A.d
and/or county regulations for the construction of the W ; e orlc. LCFPD and the Village shall
have the full right to participate in all meetings and proceedings relative to the consents, permits,
and approvals required for construction of the resew+cl"iansic>rrWark. The MWRD shall
provide advance notice of all such meetings and proceedings to the LCFPD and the Village. The
MWRD shall assume any costs incurred in procuring all such consents, permits, and approvals
necessary to construct the r he o'n . Work. The Village and LCFPD will
cooperate with MWRD in the procurement of an applications or other documents necessary or
desirable for MWRD to procure said consents, permits, and approvals.
> —TheVtllageExcrn �tii flb��� and Waivers. LCFPD shall exempt the D ietMWR_D and its Formatted: Font: Bold, Underline
.;on4a4ei�the Work Contractor from all 4eE7alLCFPD permit requirements applicable to the
cErnstzetioin >f the PrEetWork, including any associated fees. Additionally, thllafe and
LCFPD will exempt the MWRD and 4s--�YeeteHthe Work Contractor from any fees
associated with the plan review and inspection of the 44;rje4.- by LCFPD
i LCF"PD may upon written reauest, also grant the trietMWRD waivers to applicable
work -hour limits and truck -traffic restrictions-tqN-)ff+c :
provided that reasonable health, safety, and public welfare requirements are met, and LCFPD will not
unreasonably withhold said waivers. In tEr�ff n* ^*^ *' ^ ' r ^^^a*Y«� �" ?ers"he
as
�.� P-L mars as
�Y7��lar �' , 'r, !
���i' teEaiaa.. sa'.az aa. `cr - -. vP'—zke' sFnt `�T c��'—u`s—cres's'.rrsrC. Y
` A-rrat�l referred-t�7 its the "° . , r °°;
A-.B, the Pro ject is •. `
Formatted: Outline numbered + L
+ Numbering Style: A, B, C, ... + Ste
e hi 1'1 la F B t + Alignment: Left + Aligned at: 0.2
i c , rns Indent at: 0.5", Widow/Orphan cor
, sd rvr®e-a.ce: —s— - ` ,'iEac—ian csaw—ci vv`a`x E}i—iaii;—ccra.rcract—;saaarr—a arr. 13g—fitlf
eonc4W,4W--0Laside of the Vitlaye 'boundaries the Village has no authority tc require permits or
any fees associated with the plan review or inspection of the Work. MWRD acknowledges that
15
Packet Pg. 196
neither the le
Lake COUnty requirements,
A4J,1TW4,4;4-.ARTICLE 6. INSURANC
16
�—ab+W4isttf &nee endatsed-,
Formatted: Outline numbered + L
• Numbering Style: 1, 2, 3, ... + Sta
• Alignment: Left + Aligned at: 0"
after: 1.15" + Indent at: 1.15",
Widow/Orphan control
Formatted: No underline
I Packet Pg. 197 1
9.A.d
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P-art�in- � x= ,- •. r EI • . . • rfit �,irrrt
pora� v. 444--, p, -4a na -d- tp p,—al,
teach stub • r �t a�tE
a t�i .=�-Ul`-the-tyg�e ;speeer� �tb�aG-F,rEid�
'csrtor=nary 9I# —ram=L rnc'u 809E1
tb}- taarrr • • ls�a-lit f-ii , n��-.r',� a t��e-l-'°mar
c ' �E , c, rr ter rtilie ,.r .. .
—'��•m,�r• rxr ,�d-�' ,Emr �°.,� °tt-po4't<-tlt�n�xxrnpn fhb<�Gaxr�>
iHaca raac, v t b �—'st-it42E -. � la—(-z#tti;i`u�an irac—r—`rr ` •`�$ - r
tf-9 `-'�_av�-i>rii—i-Eri—ci't sst-ezi—i-saC=cciar�• f.,-'
rrtater-ial� ol= . ems, . • age � . ,. - e- • : - vta r t��aE1 �'
E)--,gig'-1;,' °• e
A, MWRD shall cause the Work Contractor to procure, maintain, and keep in full force and effect,
for the entire time that the Work is beingyerforrned, at na cost to LCF'PD, insurance in the
coverages anc limits, and subiect to the recpuirements, identified an �xhli�it 1� (the "Insurance
A.
LCPPD shall indemnify, , ete-defend, and hold harmless (i) MWRD and t1 Vil' "nth e r
E ,its president, commissioners, officers, -employees, servants, and agents (:'jJ iAD
Parties"1 . and (ii) the Villaue and
employees Servants, and a e; nts ("Yilda e Inde ni ied Parties") from and against any and all
claims actions, causes of action, suits, orders, losses, costs, liabilities , damages, and expenses
incurred, suffered, or sustained at any time after the F ffective Date and in per etp ttit�for which 4
an Indemnified Party may become liable (irrespective of whether any such Indemnified Party is a
party to theany claim action cause or suit for which indemnification is h et-e-sought),
ineludingexcluding reasonable attorneys fees, costs and disbursements, (collectively, the
"Claitns' incurred by 44esuch Indemnified Parties as a result of, or relating to (+injury or to -of
death of persons or loss or damage to property arising from the negligent act or omission of the
19
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O
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Formatted: Outline numbered + L
G1 —
> L
+ Numbering Style: 1, 2, 3, ... + Sta
d 1
+ Alignment: Left + Aligned at: 0"
O r
after: 1.15" + Indent at: 1.15",
Widow/Orphan control
Formatted: Font: Bold, Underline
};
Formatted: Outline numbered + L
c—
Q >
+ Numbering Style: A, B, C, ... + Ste
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+ Alignment: Left + Aligned at: 0.2
0
Indent at: 0.5", Widow/Orphan cor
Formatted: Font: Bold, Italic
Q
Formatted: Font: Bold, Italic
Packet Pg. 200
9.A.d
LCFPult of the Indemnified
Party.
Tr r " t " M M WRD
B. .—r-;-<;,:.,ea=u .�;—ova , n +• r —�„i,
Cibligations The MWRD shall indemnify, e defend, and hold ham-iless LCFPD and
1�:11age, tl i�r r... - Effie €xi �:iF'1 ffd agem%-( 44en mA--d
ersy
, ees . , a e," E,- r ,av AaBti , f€re': xs n' FoB �P hn" it
-�.a"ra " an -0e:r aa—r, "ae,°�e .mug" t-}, inelt�ii}ag re��se3n€t[�le e$ttc-arse ,,Yt;y—
fI •. 'iti� it's".-cr"r'xcia-i'<y—ti3cits plesiElent, CamtniSsloners, olllCers, etnploVees, selVants, itnd
a ents "LC I'D Indemnified Parties }and ii} the Village Indemnified Parties from and against Formatted: Font: Bold, Italic
anv and all Claintis incurred by such lndemnifred Parties as a result of, or relating to (-t}-injury to
or death of persons or loss or damage to property arising from the negligent act or omission of the
Mvv' —, except to the extent a Claim arises out of the ne, encc or fault of the Indemnified
Party.
,. Village
Obligations. The Village shall indemnify, �defcnd, and hold MaW �4l.,, �1`�r �R
t,c r=i i" C,c'r"araaars , eC , N cr`y `e=cr� .rca vs'eire.�di-2E .. ue-ce�cr�y-rre.e-smis
harmless a e,r n4k
444444 � mKl-damage-awt-�-,-; 4 T° Gs a wufFed sn fa4ed-tar sttstafined to -i tra t Errs
-fir • =teat• .. , � � ` fir" , ,. - tenis;i�
LCFPD Indemnified Parties nii WDmdfamnnny all
Claims incurred by thesuch Indemnified Parties as a result of, or relating to 0)-injury to or death
of persons or loss or damage to property arising from the negligent act or omission of the Village
- - tcn-c ;f-i: c�tiFtE}t;i� a£l�tif-ti;strz}t€3a - - m-cxi9-.sc�,tY,szt�'iC6.,"s-x:-� u` zacr-ca<a`}e'
'e%1�34'ii-. - }r1c„rate, aacr—a.n.mr—rrarsanws`,�—aar�ivs-e a —r :v—� - . , kE a�a r:-,ro—rss ac,E'£:+9
C',`— - , £t k-f fTi-- -ii r,fktn''scrs-scli-rai'.i. ,
attE}riiOys! Ceti,;, eE}S- ,', LitS-tHetkfrv'a- ,x—.srrseuiias;d-Ear "i -sc`rcd�-F ftF}F;s�-�:13e`Irtf Hii fed
eX$Ctit
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her�la�YgcletlnmFj'—e�yrnrate, `ina�'—hHld-r"� '^;r,—'tlr��vNr',RII?�Yl :1:x-6£�iinknnt44 a , ialfke' .',
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• � .� � r Ia�e�, , i'n"a���s, a•rr�tge���-ux� - � i*
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ac,;s=,rz:zic-a"—tE
.of kle ed
Elo �, � (= any �• � nd-1rE � �rer�,,7°,-t"�—�r (fix; �-'?,�--a..nE il{ag�ir� �aeh
�� - =;faet �e-� .' ire �. , � r rfi s��otEaye • , e �-Q�
vol � � ,•, ,• �ee; g-;`at'. � :•,•'„ ,• � Tsai >. at' �,• , � � � ' ,. .. 1-all- �n ,
p��� tr��J
tJM1�"fr iY.YeYYd"C:IYi.Y-Y}IEu 'C'ly 3CY-3CGYE1 f"CY -'CT
ar • -- : Ek1�E} - i-5-cr`s�Ei- -`1's5 E n EiEk - ti�F
' re ttteltmage,except to the
extent a �Claim arises out of the negligence or fault of the �rtE'a Lif nd. Thies
5$. C-it7' � � .� GtS't ct- 'C-dc%-EYdI,- fc'�•"%�yiE-<`:rr-cCILE s'L�C )t�i�-„gE}' ... -
"I' �erYdCi''L�d I.Y % tYc Fi'�tl2rClp t�-IX eael'-" i-L/Y-Ci% 4LLIPn , '"n�' S t-Ah-P.. - tY
,; Indemnified Party.
D. No Waiver of ImaTeuatity. A Party"s indemnification obligation will not be dcemed to waive or
limit any immunity or other defense.
AR'T4CT*'-4°'.ARTICCLE 8. REPRESENTATIONS AND WARRANTIES.
A. Representations of LCFPD. LCFPD covenan
Agreement and throughout its term, as follows:
)resents and warrants, that of the date of this
(i) LCFPD has full authority to execute, deliver and perform or cause to be performed'
this Agreement;
(ii) LCFPD has the power and authority to convey and acquire the certain property rights
and interests set forth herein to and from the MWRD and the Village and all required
action and approvals therefore have been duly taken and obtained. The individuals
signing this Agreement and all other documents executed on behalf of LCFPD are
duly authorized to sign same on behalf of and to bind the LCFPD;
(iii) The execution and delivery of this Agreement, consummation of the transactions
provided for herein, and the fulfillment of the terms hereof will not result in any
breach of any of the terms or provisions of or constitute a default under any
agreement of the LCFPD or any instrument to which the LCFPD is a party or by
21
Formatted: Outline numbered + L 2
+ Numbering Style: A, B, C, ... + Sty 1
+ Alignment: Left + Aligned at: 0.2
Indent at: 0.5", Widow/Orphan cor Q
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+ Numbering Style: 1, 2, 3, ... + Sta 1
+ Alignment: Left + Aligned at: 0" O r
after: 1.15 + Indent at: 1.15 C
Formatted: Font: Bold, No underlir O
fA
Formatted: Outline numbered + L d 2
+ Numbering Style: A, B, C, ... + Sty > 1
+ Alignment: Left + Aligned at: 0.2 y
Indent at: 0.5", Widow/Orphan cor C
Formatted: Outline numbered + L y 3
+ Numbering Style: i, ii, iii, ... + Stai L
+ Alignment: Left + Aligned at: 0.7 C
Tab after: 1.25 + Indent at: 1.25", O
Widow/Orphan control E
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Packet Pg. 202
9.A.d
B.
C.
which LCFPD is bound or any judgment, decree, or order of any court or
governmental body or any applicable law, rule, or regulation.
Representations of Village. The Village covenan
this Agreement and throughout its term, as follows:
)resents and warrants, that of the date of
(i) Village has full authority to execute, deliver and perform or cause to be
this Agreement;
(ii) Village has the power and authority to convey and acquire the certain property rights
and interests set forth herein to and from the MWRD and the LCFPD and all required
action and approvals therefore have been duly taken and obtained. The individuals
signing this Agreement and all other documents executed on behalf of the Village are
duly authorized to sign same on behalf of and to bind the Village;
(iii) The execution and delivery of this Agreement, consummation of the transactions
provided for herein, and the fulfillment of the terms hereof will not result in any
breach of any of the terms or provisions of or constitute a default under any
agreement of the Village or any instrument to which the Village is a party or by
which the Village is bound or any judgment, decree, or order of any court or
governmental body or any applicable law, rule, or regulation.
MWRD
)resents and warrants, that of the date of this"
Agreement and throughout its term through, as follows:
(i) MWRD has full authority to execute, deliver and perform or cause to be
this Agreement;
(ii) MWRD has the power and authority to convey and acquire the certain property rights
and interests set forth herein to and from the LCFPD and the Village and all required
action and approvals therefore have been duly taken and obtained. The individuals
signing this Agreement and all other documents executed on behalf of the MWRD
are duly authorized to sign same on behalf of and to bind the MWRD;
(iii) The execution and delivery of this Agreement, consummation of the transactions
provided for herein, and the fulfillment of the terms hereof will not result in any
breach of any of the terms or provisions of or constitute a default under any
agreement of the MWRD or any instrument to which the MWRD is a party or by
which the MWRD is bound or any judgment, decree, or order of any court or
governmental body or any applicable law, rule, or regulation.
22
Formatted: No underline
Formatted: Outline numbered + L 2
+ Numbering Style: A, B, C, ... + Sty 1
+ Alignment: Left + Aligned at: 0.�
Indent at: 0.5", Widow/Orphan cor
Formatted: Outline numbered + L 3
+ Numbering Style: i, ii, iii, ... + Stai L
+ Alignment: Left + Aligned at: O.i
Tab after: 1.25" + Indent at: 1.25", L
Widow/Orphan control >
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Formatted: Outline numbered + L `� 2
+ Numbering Style: A, B, C, ... + Stz Q 1
+ Alignment: Left + Aligned at: 0.�
Indent at: 0.5", Widow/Orphan cor O
Formatted: No underline C
O
Formatted: Outline numbered + L .L 3
+ Numbering Style: i, ii, iii, ... + Stai L
+ Alignment: Left + Aligned at: O.i
Tab after: 1.25" + Indent at: 1.25",
Widow/Orphan control
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9.A.d
Formatted: Outline numbered + L L
Al4�l; ARTICLE 9. MAINTENANCE OPERATION AND CONTROL. + Numbering Style: 1, 2, 3, ... + Sta 1
+ Alignment: Left + Aligned at: 0" I
A. Prior Rcstronsikailities. Prror maintenance, operation, and control responsibilities as provided in after: 1.15" + Indent at: 1.15"
the Original tire. no longer apply and arc replaced by the following ramtct ance, operation, and
control responsibilities far each Part
P. Maintenance Site. MWRD and the Vil1a,e shall have„ and LCEPD reserves its ri=ht to, have
complete access to the Maintenance Site at all times. The `� iarrzteraanee,Vdte" shall be defined
as the area bounded as iorth
Lexcepting the area designated as the Schalzetti subdivision}, Schaeffer Raad to the west
excepting the Keiser yl, and Lake -Cook Raad to the south (as denoted in Exhibit L )L
C. MWRD Obligations. MWRD willshall in perpetuity, be responsible for the continued
maintenance tiHft—of the lil 1c4 e YFF tri accrrcdz ric vd it t Ft lsstructural
integrity of the %}rigi Px al errt al egee =;gin' ra f? men' �r �, ' 6 u' tttel €€�t the
r— • i a nee —flood control facilities which shall include the Cutlet Control
Structure principal concrete spillway/weir with 4&" reinforced concrete pipe �RCP}�, Auxiliary
S ilp 1waX Emergency Spillway Energy Dissipation Pool and Grade Control Structure (as
denoted on Exhibit 1.-1 .
D. Village Obligations. The Villagt shall ui petuity, leave the following maintenance
responsibilities the "Village Maintenance Obligations" J
with regard to the Mantenance Site: If there is trash„ debris, ice or any otYter matter
within the Maintenance Site that has irnpedcd or stopped the proper and free flow of
Eater or prevented pro per operation of the Expanded Reservoir an4 A44
including the portions of Mainstem Buffalo Creek, the West Unnamed
Tributary E3uffalo Creek Tributary A and the South Unnamed —located
within the Maintenance Site and fenerally depicted on Exhibit L-2, the Villa e shall
use its best efforts upon receipt of notification of such condition by MWRD or
LCF'PD to remove same. Boardwalks #1 through #6 the Grade Control Structure,
Principal Concrete Weir, Principal S illwaL Auxiliary S illway, and Emer eg ney
Spillway, as shown on the Final Plans, shall he kept clear of any and all debris to
permit flee flaw of water and provide the designed waterway capacity Burin flood.
low flaw, and at all other periods. The Village shall use its best efforts to maintain
And repair anyerrnlnent water'bodies and any stabilizatiart or erasion issues to their
shoreline as necessary so as not to create a nuisance. The sharelnle is considered to
be the area from the water body's normal elevation to 1.c)feet vertically above as
shown on Exhibit L-2.
23
Q -
Formatted: Outline numbered + L (D 3
+ Numbering Style: i, ii, iii, ... + Stai w L
+ Alignment: Left + Aligned at: O.i O
Tab after: 1.25" + Indent at: 1.25", a
Widow/Orphan control L
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ffiffinteR-anee- 4ated
Deeeffg)'-�-�-
vAhTe--41
deWA&4-(�
Sill with 2egatd to khe Village Mowing Area denoted in Exhibit L-1: The Vifljjre shall
mow the 3.15 d
The Villat>e shall not construct any improvements or structures an the property without written
2a jLCFPDjjkIjf��fr,.-. Font: Not Bold, No unc
The Villaee shall not be responsible or liable for the repair or replacement of anv buildings,
improvements; or stnuctures owned by the MWRD or LCFPD
eeff4Fedewithin the Buffalo Creek Forest Preserve. In the event chat iiie Village faits
in accordance with r-te-the
Qf4gmffl4ke,w���this -Section thereect
or LCIJID_may issue a notice tothe
Village directing such maintenance. The Villaue will submit a written plan including a
reasonable timetine for start of work andjartseted completion. The Village will use its best
efforts to complete such maintenance. If the Village does not cause such maintenance 44
be commenced within the stated time R�rind
ar natify LCFPD or MVVRD of its efforts to commence the maintenance, M\VRD or LCFPD may
serve the Villa=e with a notice of its intent t<7 erforrn the mairrtenanee work with an estimated
cost. Tha Village must contest said notice of cast within 1Q business days after receipt of the
notice. providing proof of° best efforts. In the event that the Village has not responded to the
notice of hrtent to perform maintenance work, and MWRD or LCFPD undertakes such work, the
Village shall pay to MVdRD or LCFPD tha actual, entire cast thereof' immediately on rendition
of bills to the Village by MWRDorLCFPD.
E. 1,(,FPDincluding
restoredprairiesnew _wetlands restored vegetation along the shorelines the U Aland Restoration
--
Are -wand Buffer Areas and the _areas _improved _by_Stream Channel Mitigation Work after they are
constructed or improved under this Agreement. Culverts # I thrOU 2ryh 9 17 as shown on the Final
24
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I Packet Pg. 205 1
Plans, are ancillary to the LCFPD trail system and isrchrded with the Preserve Improvements, and
shall be operated and opted '�^y Lr�, ems -maintained by LCFPD. In addition,
LCFPD sh<rll be responsible for the maintenance and repair of the free span crossings and related
pilings associated with Boardwalks Ul through //7 as shown on the Final Plans. LCFPD shall not
sell or otherwise
defined berein�LCFPD's obligation to maintain trees-amd-wetliu4s, shrubs new wetlands the
Upland Restoration and Buffer Ar°eas, and the areas improved by Stream Channel Mitilyation
Work will not commence until MWRD hw—and the Work Contractor have satisfied itstheir
obligations pursuant to Article 4.D.- s �--
0
and--n�-
F. Joint Inspections. Joint inspections shall be �rnqde b �MWIU-) and the �Villa c�wftb'
Formatted: Outline numbered + L
+ Numbering Style: A, B, C, + Stz .19
findings and issues shared with LCPD—durin , Argil and October each �qrand_at other
+ Alignment: Left + Aligned at: 0.20)
(D
Indent at: 0.5", Widow/Orphan cor
times as conditions may require uire in order to ass�urcade �Ljate maintenance eoftlic Maintenance Site.
-
0
MWRD stIL11 be responsible for coordinating the ,joint inspections and and �the results
of said inspections to the respective parties.
00
4)-.G. LCFPD Reservation of Ri2hts. Notwithstanding any other portion of this Agreement,'
Formatted: Outline numbered + L
+ Numbering Style: A, B, C, ... + Ste
the Original IGA, and the Original Grant, ftnd4he-Amep,-&-ft�. ,LCFPD reserves the
+ Alignment: Left + Aligned at: 0.2 C)
right, subject to the LAWCON Agreement _Article 10 and-A-4a the Tax Exemption
Indent at: 0.5" �
Certificate and Agreement provided in Exhibit GM, to use any portion of the Buffalo Creek
Forest Preserve for any lawful purposeincludingrecreational fishing on all open water portions
0
of the Original Reservoir and Expanded Reservoir, and to construct buildings, improvements, and
0
structures thereon, provided that such uses, buildings, improvements, and structures do not
.2
(n
interfere with MWRD's rights under the Original Grant--or4A LCFPD
will not vary, alter, or otherwise change the flood control facilities as designed and constructed,
without written consent of MWRD. If LCFPD plans to construct any buildings, improvements,
S
or structures within the e , �,%pan4ed4-3y4fie-A+nei�led
in addition to the Preser
GratAE a sernent Property,Preserve linprovements-anct4he-E*ea�kated-StAt/P-r*irie
R-e-4efe4(,�R-Afeff, LCFPD shall provide plans therefore to MWRD's Director of Engineering, for
O
E
his or her review and approval in writing, as to the adverse impact that such building,
improvement, or structure would have on MNVRD's ability to access, operate and maintain the
Expanded Reservoir. If MWRD advises LCFPD of an adverse impact, LCFPD and MWRD will
work cooperatively to address MVVRD's concerns. LCFPD will continue to be the fee simple
owner of the Original Reservoir and will be the fee simple owner of the Expanded Reservoir, the
the Preserve
Improvements„ including land
25
I Packet Pg. 206 1
Restoration and Buffer- Areas,
If this Agreement terulinates for any reason before the Preserve Improvements are completely
construct al
Plans, the 98°l" Plans, or the Final Plans (or any c ombination thereof and, by their execution of
this Agreement, MWRD and the Village will be deemed to have provided whatever consent is
necessary under the Original Grant for such construction.
A. Neither l-CFPD nor the Villac shall use or permit to be used -()r-operated --the --Work-in any
manner o iolation of the Tax
Agreement (as defined laelow . The purpose of the Tax Agreement is to preserve c exclusion
from gross income for federal income tax Laurposes of the interest on certain obligations of
MWRD a the United States
Treasury Qsuch as, f`or example, was available to units of local emment for "build America
bonds" anv of such advantages being °°L'ax �Idar�sztc�tged 1-,t,? such Tax Advantaged
Stahts is governed by the federal income tax laws, as amended from time to time including but
not limited to Sections 54 thr- )h 57 101 and 141 throuuh 150 of the Internal Revenue Code of
1986, as amended„ and the T'reastuy Reulattons of my ruli<igs promulgated there under or
decisions of any court of corn etent 'urisdiction llectivel �the�TaxLaw�s ""h LCFPQ and the
................... V ........
Village agree to provide a certification and agreement„ in The form
s attached to this LA Agreement
as Exhib nt
modification of such fbmi ofeertification is
bond counsel to MWRD. The Tax Agreement contemplates that, in certain situations, MWRD
M�iy- Eiaa
"F acilit er certain covenants
and recor wilt not make any
such payment to LCFPQ or the Village, unless LCF'PD or the Village, as the case may be, a ees
j-
to receive -��,ucha m�cnt in an �amcnd�rrtcnt to �thisA rc�emcnt
AR44C14',-42-.ART1CLE 11. GENERAL PROVISIONS.
A. Compliance with Laws: LGoverning Law. In exercising their rights under the Original IGA,'
this Agreement, and the Original Grant, ffnd-4he-Aitieftdffiefft-te-Grftn+--the Parties shall comply
with all applicable federal, state, and local laws.lhis Agreement shall be governed bv. and
enforced in accordance with„ the internal laws but not the conflicts of laws roles of the State of
Illinois. The Parties agree that, pursuant to Section 20 of the Downstate Forest Preserve District
26
Formatted: Outline numbered + L
• Numbering Style: 1, 2, 3, ... + Sta
• Alignment: Left + Aligned at: 0"
after: 1.15" + Indent at: 1.15"
Formatted: Outline numbered + L
• Numbering Style: A, B, C, ... + Stz
• Alignment: Left + Aligned at: 0.�
Indent at: 0.5", Widow/Orphan cor
I Packet Pg. 207 1
9.A.d
Act, 70 ILCS 805/20, and LCFPD Ordinance No. 2257 enacted pursuant thereto, all Work
is subject to the building codes and regulations of the County of Lake, and not that of any
municipality.
B. Restoration.. If any Work by MWRD or any - tithe Work Contractor damages, Formatted: No underline
destroys, or causes any adverse impact to the Buffalo Creek Forest Preserve, or any portion
thereof, in any manner that is not authorized in the Documents for the Work,
MWRD shall restore, at no cost to LCFPD or the Village, such property to a condition at least as
good as, the condition of such property before such damage, destruction, or adverse impact.
Restorative measures shall be undertaken within-34-F.lztya reasonable amount of time but not
more than E0 calendar days) after such damage, destruction, or adverse impact occurs, weather
permitting.
C. Hazardous Materials. MWRD--eF ss. LCFPD and ffgf 'the Village covenant and agree
that: (i) Ahey and itstheir officers, partners, agents, employees and cortffaetefsContractors shall
comply with any and all federal, state, and local laws, ordinances, codes, rules and regulations
that prohibit, restrict or regulate any material defined therein as a hazardous, radioactive, toxic or
carcinogenic substance, pollutant, contaminant or material (collectively, "Hazardous Materials")
in connection with the Buffalo Creek Forest Preserve; and (ii) 4+they and 4,41neir officers, partners,
agents, employees and ter' ,,Contractors shall not, and shall not permit or otherwise
authorize any other person to, handle, bury, store, retain, refine, produce, spill, allow to seep,
leak, escape, leach, pump, pour, emit, empty, discharge, inject, dump, transfer, release or
otherwise dispose of or deal with Hazardous Materials in, on, under or about the Buffalo Creek
Forest Preserve. The provisions of this Article shall survive any expiration or earlier termination
of this Agreement.
D. Nature, Survival And Transfer Of Obligations. This Agreement „-tally be recorded by
A4W-RDL(-,'FPD, at no cost to U=FT4), MWRD or the Village, against the Buffalo Creek Forest
Preserve. The provisions of this Agreement shall run with and bind the Buffalo Creek Forest
Preserve and shall bind, inure to the benefit of, and be enforceable by LCFPD, MWRD, and the
Village, and any of their respective legal representatives, heirs, grantees, successors, and assigns,
including arty successor goverrunF boards.
E. Enforcement.
4i a% Fl`
n-an'y-t" ' „2tttrs-Ex-tltt* �.g-�,n;,iy r;u9�r�d,,,i ,o-out-E>n-E��tts-tl
27
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[➢lams-stthn�itted-by-i�A�i�r� ,tea„ .�-�-,, fu?-ly-t��.F„y=��°:*�:-*lri�;-Ag.�aT€rrt-}
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(i) Prt 6ha�= r _ =apt 3& Eh ; br&u.= et at i9 tit h� Formatted: Outline numbered + L
+ Numbering Style: i, ii, iii, ... + Stai
-F aehl3reach, For al breach of this Agreement, the Parties + Alignment: Left + Aligned at: 0.7
may, in law or in equity, b suit, action, or an other proceeding, enforce or compel Tab after: 1.25" + Indent at: 1.25"
Y> Y Y p b, p
the performance of this Agreement and seek any appropriate remedy, including,
without limitation, specific performance or mandamus.
ii Venue. Venue for any judicial action filed by a Party related to this Agreement will
be in the Circuit Court of Cook County, Illinois.
(k-)F. Notice. Any notice or communication required or permitted to be given under this
Agreement shall be in writing and shall be delivered: (i) personally, (ii) overnight by a reputable
overnight courier, (iii) by certified mail, return receipt requested, and deposited in the U.S. Mail,
postage prepaid, or (iv) by electronic mail. Electronic mail notices shall be deemed valid only to
the extent that they are (a) actually received by the individual to whom addressed and (b)
followed by delivery of actual notice in the manner described in either (i), (ii) or (iii) above
within three business days thereafter at the appropriate address set forth below. Unless otherwise
expressly provided in this Agreement, notices shall be deemed received upon the earlier of (a)
28
Formatted: Outline numbered + L
+ Numbering Style: i, ii, iii, ... + Stai
+ Alignment: Left + Aligned at: 0.i
Tab after: 1.25" + Indent at: 1.25",
Widow/Orphan control
Formatted: Outline numbered + L
+ Numbering Style: A, B, C, ... + Ste
+ Alignment: Left + Aligned at: 0.2
Indent at: 0.5"
Q _
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Packet Pg. 209
9.A.d
actual receipt; (b) one business day after deposit with an overnight courier as evidenced by a
receipt of deposit; or (c) three business days following deposit in the U.S. Mail, as evidenced by a
return receipt. By notice complying with the requirements of this Article, each Party shall have
the right to change the address or the addressee, or both, for all future notices and
communications to such Party, but no notice of a change of addressee or address shall be
effective until actually received. Notices and communications to LCFPD shall be addressed to,
and delivered at, the following address:
Q
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Lake County Forest Preserve District
Formatted: Indent: Left: 1"
2000 N. Milwaukee Avenue
C
Libertyville, IL 60048-1199
a�
Attention: Executive Director
N
Formatted: Indent: Left: 0.75"
_
Y
With a copy to:
Matthew E. Norton, Esq.
Formatted: Indent: Left: 1"
L _
V
Holland & Knight LLP
C
131 S. Dearborn Street
30th Floor
00
Chicago, IL 60603
Formatted: Indent: Left: 0.75"
_
Notices and communications to MWRD shall be addressed to, and delivered at, the following
addresses:
c
N
Office of the Director of Engineering
Formatted: Indent: Left: 1"
Metropolitan Water Reclamation District of Greater Chicago
100 East Erie Street
—
Chicago,IL 60611-3154
p
Formatted: Indent: Left: 0.75"
�
With a copy to:
O
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General Counsel
Formatted: Indent: Left: 1"
d —
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Metropolitan Water Reclamation District of Greater Chicago
100 East Erie Street
C
Chicago, IL 60611-3154
Formatted: Indent: Left: 0.75"
_
�
Notices and communications to Village shall be addressed to, and delivered at, the following
addresses:
Office of the Village President �
Formatted: Indent: Left: 1"
�
Village of Buffalo Grove
50 Raupp Blvd,
Q
Buffalo Grove, IL 60089
With a copy to:
�i11e-Astterney
r c:
29
Formatted: Indent: Left: 0.75"
Packet Pg. 210
9.A.d
William G. Ram Partner
Tressler LLP
233 S. Wacker Drive
22nd Floor
Chicago, Illinois 60606
' Formatted: Indent: Left: 0.75"
The foregoing shall not be deemed to invalidate any notice actually received.
G. Time Is of the Essence. Time is of the essence in the performance of this Agreement. — Formatted: Outline numbered + L
+ Numbering Style: A, B, C, ... + Ste
+ Alignment: Left + Aligned at: 0.�
4C41F 14GOV+'MNrNG r k-W Indent at: 0.5"
H. Exhibits. Exhibits A through FM attached to this Agreement are, by this reference, incotporateW — Formatted: Outline numbered + L
+ Numbering Style: A, B, C, ... + Ste
in and made apart of this Agreement. + Alignment: Left + Aligned at: 0.2
Indent at: 0.5"
TI U — 8-.
I. Amendments and Modifications. This Agreement may not be modified, changed or deleted' Formatted: Outline numbered + L
+ Numbering Style: A, B, C, ... + Ste
unless in writing and executed by MWRD, the LCFPD and the Village. Any amendment to this + Alignment: Left + Aligned at: 0.�
Agreement must be approved by the Parties' governing Boards. Indent at: 0.5"
-T �x�I 17. '�F',V6i
J. Severability. It is hereby expressed to be the intent of the Parties to this Agreement that should` — Formatted: Outline numbered + L
+ Numbering Style: A, B, C, ... + Ste
any provision, covenant, agreement, or portion of this Agreement or its application to any person, + Alignment: Left + Aligned at: 0.2
entity, or property be held invalid by a court of competent jurisdiction, the remaining provisions Indent at: 0.5"
of this Agreement and the validity, enforceability, and application to any person, entity, or
property shall not be impaired thereby, but the remaining provisions shall be interpreted, applied,
and enforced so as to achieve, as near as may be, the purpose and intent of this Agreement to the
greatest extent permitted by applicable law.
K. No Third Party I3eneticiary. This Agreement is entered into solely for the
Parties, and nothing in this Agreement is intended, either
30
Formatted: Outline numbered + L i
benefit of them. + Numbering Style: A, B, C, ... + Ste 1
+ Alignment: Left + Aligned at: 0.�
expressly or Indent at: 0.5"
Packet Pg. 211
9.A.d
impliedly, to provide any right or benefit of any kind whatsoever to any person for entity
whathat is not a or to acknowledge, establish or impose any legal
duty to any third parry. Nothing herein shall be construed as an express armor implied waiver of
any common law arRYor statutory immunities for privileges of the LCFPD, the Village for
MWRD, for any of their respective officials, officers an&or employees.
'4'1te
Formatted: Font: Bold, Underline
L. This Agreement becomes effective on the Effective Date which shall be the date tl atupan' — Formatted: Outline numbered + L
+ Numbering Style: A, B, C, ... + Ste
which the last signature is affixed hereto. + Alignment: Left + Aligned at: 0.�
Indent at: 0.5"
M. Termination for Convenience. MWRD shall bave the rigbt, at any time before the award of the
Construction Contract, to suspend or terminate this Agreement with ar without cause, for the
convenience of MWRD wiof
termination for MWRD's eonveraiertce, MiWRD shrill pay the Reimbursement Amount to LCFPD
witbin 30 days after such termination,
hts or duties under this Agreement without the` I Formatted: Font: Bold, Underline
prior express written consent of the other - iesParties.
Formatted: Outline numbered + L
+ Numbering Style: A, B, C, ... + Stz
+ Alignment: Left + Aligned at: 0.2
Indent at: 0.5"
c.,aa r. c, ry M:,., Formatted: Font: Bold, Underline
�Iti Entire. Agreement :� � .This A�reernc;nt and the s� � •-s-�a�--C)r
IGA and their respective g verairtg i3crards
L). This,�-eafttaifjr4exhibits contain the entire agreement b among the Parties-' Formatted: Outline numbered + L 2
+ Numbering Style: A, B, C, ... + Ste 1
regarding the st.rbjeet matter hereof. All negotiations between the aF&-.Parties are merged in + Alignment: Left + Aligned at: 0.2
this Agreement, and there are no understandings or agreements, verbal or written, other than Indent at: 0.5"
31
Packet Pg. 212
9.A.d
those incorporated in this Agreement. The Original IUA will continue in fu11 force and effect
except that, if there is a conflict between tkiis Agreement aerd the Original IAA, this Agreement
controls.
32
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Packet Pg. 213
9.A.d
JN WITNESS WHEREOF, the Metropolitan Water Reclamation District of Greater Chicago, Lake Formatted: Not Expanded by/
County Forest Preserve District, and the Village of Buffalo Grove, the .Parties hereto, have each Condensed by
caused this Agreement to be executed by their duly authorized officers, duly attested and their seals
hereunto affixed on the dates specified below.
Formatted: Left
VILLAGE OF BUFFALO GROVE
Formatted: Underline
Q
BY: DATE:
C�
Formatted: Underline
E
L
Its: President
ft'T b stops:
�3�38",Left�-
3", Lef j
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Formatted: Left
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Attest: By: DATE:
Formatted: Underline
(Y
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Formatted: Left, Tab stops:
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Its: Clerk
3.38", Left + 5.75", Left
(�
Formatted: Left
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LAKE COUNTY FOREST PRESERVE DISTRICT
ti
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Formatted: Left, Tab stops:
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3", Lef N
BY: DATE:
L3.38", Left + 5.75", Left
Formatted: Underline
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Formatted: Underline
Formatted: Left
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Formatted�LeaLb stops:
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By: DATE:
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Formatted: Underline
Its: 0ffkSecret
Formatted: Left
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Packet Pg. 214
9.A.d
AN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
of the Committee on
Executive
ATTEST:
EM
APPROVED AS TO ENGINEERING, OPERATIONS, AND TECHNICAL MATTERS:
Engineer of Stormwater
Assistant Director
Director of
Director of Maintenance and
APPROVED AS TO FORM AND LEGALITY:
Head Assistant
34
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General
35
Formatted: Left, Tab stops: 3.19",
3.5", Left + 6", Left + Not at -1.75'
Formatted: Not Expanded by /
Condensed by
Formatted: Font color: Auto
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INDEX OF EXHIBITS Formatted: Normal
Formatted: Left
Exhibit A Legal Descriptions of Buffalo Creek Forest Preserve; and Easement Property,-an4
MaiRtenanee's4te
Exhibit B Concept Plan depicting Expanded Reservoir,-4-x-L--avatL-4-1.,,—�I
and certain Preserve Improvements
Exhibit C
PA-,,&FffA*)ffList of Original Plans
0
Exhibit D
of 98% Plans
4)
Exhibit E
LAWCON A_grcernent
O
Exhibit F
LAWCON Verification
Left, Indent Left 0", F Formatted: Left, Indent: Left: 0", F
.2 ie
Exhibit G
Amendment to Grant
Exhibit FU
m Temlwni Easement Agreement
00
Exhibit I
Standard MWRD Bond Form
C)
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Exhibit J
Construction Contract
w
Left, Indent: Left: 0", F
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Exhibit K
Insurance Requirements
[Formatted:
011
Exhibit GL- I
General Depiction of Maintenance Site
0
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0
Exhibit L-2
Shoreline Maintenance Delineation
in
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Exhibit M
Tax Exemption Certificate and Agreement
M
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I)F-WRI-P-T-tON-0-F-ORIGINA4--P4-kNS
19. DETAILS
20., DETAILS
21�., DETAILS
22., DETAILS
BOARDWALK PLANS - DO BRIQ_-PORATION
Al i A6. BOARDWALKS I & 3
Bil - 133. BOARDWALKS 2 & 4
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9.B
Resolution No. R-2017-4 : Resolution Approving a Proposal by
Tressler, LLP for Legal Services
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
Tressler approached the Village regarding an increase in the hourly rate for legal services for general
projects outside of the retainer. Our current rate for work outside of the retainer is $175, with special
rates for litigation and escrow cost recovery work. Through negotiations by both parties, Tressler has
proposed to increase the general corporate and special projects rate from $175 to $200 an hour with the
retainer, litigation, and cost recovery rates remaining the same.
Staff conducted a survey of communities that had agreements with firms comparable to Tressler as well
as other Tressler communities and found that $200 per hour was the average rate charged. It is also
important to note that the last increase that Tressler received was in 2013. Anticipating an increase, staff
accounted for an increase in the cost of legal services in the 2017 Budget.
Staff recommends to accept Tressler's fee proposal as presented in the attached memo.
ATTACHMENTS:
• Resolution Tressler Agreement (DOC)
• CHICAGO1-#680681-v3-BG_Fee_proposal_1-10-2017(DOCX)
Trustee Liaison
Berman
Monday, January 23, 2017
Staff Contact
Jenny Maltas, Office of the Village Manager
Updated: 1/19/2017 3:39 PM
Page 1
Packet Pg. 239
9.B.a
RESOLUTION NO. 2017-
A RESOLUTION APPROVING A PROPOSAL BY TRESSLER, LLP FOR LEGAL
SERVICES
WHEREAS, the Village of Buffalo Grove ("Village") desires to continue to work
with Tressler, LLP ("Tressler") to provide legal services; and
WHEREAS, staffs from both the Village and Tressler have negotiated market
rates for legal services; and
WHEREAS, the Village President and Board of Trustees have determined that it
is in the best interests of the Village to approve the Proposal pursuant to the terms of this
Resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, IN COOK AND
LAKE COUNTIES, ILLINOIS, as follows:
Section 1. Recitals.
The foregoing recitals are incorporated herein as findings of the President and
Board of Trustees.
Section 2. Approval of Agreement.
The Proposal is hereby approved attached as Exhibit A.
Section 3. Effective Date.
This Resolution shall be in full force and effect from and after this Resolution's
passage and approval in the manner required by law.
PASSED this 23d day of January 2017, by vote of the Board of Trustees of the Village of
Buffalo Grove, Illinois, as follows:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Packet Pg. 240
9.B.a
APPROVED this 32rd day of January 2017.
Village President
ATTEST:
Village Clerk
IT
Packet Pg. 241
9.B.a
EXHIBIT A
AGREEMENT
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9.B.b
TressierILLP
MEMORANDUM
To: Dane Bragg, Village Manager
Jenny Maltas, Deputy Village Manager
CC: Art Malinowski, Human Resources Director
From: William Raysa
Luke Glisan
Michael Zimmermann
Date: January 10, 2017
Re: 2017 Retainer Proposal
Proposed
Effective February 1, 2017
Date
Retainer
As we have discussed over the past few months, for 2017, we propose the following fee
arrangement. The Retainer would remain $50,000 per year and billed in equal monthly
installments in arrears in the month following the month in which services are rendered. The
retainer shall be deemed a flat fee for the following monthly scope of services:
a. routine phone calls
b. routine emails
c. review of agenda and packet for Village Board
d. review of agenda and packet for Planning & Zoning Commission
e. attendance at one Village Board meeting and one Village Board committee of the
whole meeting per month by one attorney; (additional attorneys attending at
Tressler's behest will be included in retainer)
f. Attendance at up to two Planning & Zoning Commission Meeting per month by one
attorney as needed.
Non -Retainer General Corporate
Packet Pg. 243
9.B.b
TressierILLP
2017 Retainer Proposal
The following services which are not included in the Retainer, but which could be
classified as general corporate legal work will be billed under matter 10303-0001, General
Corporate:
g. All routine ordinances and resolutions (does not include major rewrites to portions
of Village Code);
h. FOIA and OMA counsel;
i. Review of construction RFPs, bid packets and contract documents;
j. Extended, non -routine telephone calls,
k. General corporate memos, and legal advice with staff, manager, or elected officials
as needed and attendant to general counsel legal work;
I. Preparation and review of contracts and advice related to routine purchasing;
m. Routine legal advice related to personnel and human resources;
n. Routine Police and Fire discipline not including prosecution of charges or
arbitrations;
Special Projects, Litigation and other Non -retainer Services.
Services not included in Retainer. The following services are not included in the
Retainer and are not considered general corporate services. These will be billed as separate
matters:
o. Annexation;
p. Bankruptcy;
q. Board of Fire & Police Commission Proceedings;
r. Collective bargaining disputes and grievances;
S. Eminent domain;
t. Intergovernmental Agreements;
U. Intervention or participation in police or fire pension board matters;
V. Liquor License enforcement proceedings;
W. Major amendments to portions of the Village Code;
X. Major/unusual purchasing projects (e.g. water meter replacement program);
y. Personnel investigations and related meetings;
Z. Personnel policy documents and amendments;
2
Packet Pg. 244
9.B.b
TressierILLP
2017 Retainer Proposal
aa. Real estate acquisition or disposition (including leasing, sales, purchases,
easements);
bb. Tax Increment Finance district formation and administration;
cc. Training/orientation for staff and elected officials;
dd. Village Board Committee Meetings;
ee. Major zoning and development work;
ff. Small cell antenna projects;
gg. Special Service Areas;
hh. Any services related to the Affordable Care Act and related benefits;
ii. Unique or large projects which by their nature are not routine general corporate
services as determined by Tressler and the Village Manager;
jj. Out of pocket expenses.
Cost Recovery
kk. Cost recovery escrow work.
Litigation
Il. Litigation/mediations/arbitration/administrative tribunals, including appeals from
BOFPC and local liquor commissioner and pre -filing claims administration,
investigation and negotiation;
mm. Special Prosecutions;
Our Fees for the above services are proposed as follows:
3
Packet Pg. 245
9.B.b
TressierILLP
2017 Retainer Proposal
Our niche practices such as insurance coverage, intellectual property, labor law and
environmental law would be billed at our current rates for those practices. Fees for bond issues
would continue to be as agreed at the time of the bond issuance.
4
Packet Pg. 246
9.0
Resolution No. R-2017-5 : Buffalo Grove Golf Course Clubhouse
Renovations
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
Based on the review of the bids and reference checks, staff recommends the Village Board reject all bids
and waive bids for the Buffalo Grove Golf Course Clubhouse Renovation project. The Village Manager
will authorized and directed to negotiate and execute a contract for Buffalo Grove Golf Course Clubhouse
Renovations with one of the three lowest bidders, Plata Corporation, Boller Construction Company, or
Carmichael Construction, in an amount not to exceed $690,000.00, pending final review and approval by
the Village Attorney.
ATTACHMENTS:
• Resolution for BGGC Renovation (PDF)
Trustee Liaison Staff Contact
Trilling, Johnson Brett Robinson, Finance
Monday, January 23, 2017
Updated: 1/20/2017 4:45 PM Page 1
Packet Pg. 247
9.C.a
Resolution No. 2017 -
A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AND
EXECUTE A CONTRACT FOR BUFFALO GROVE GOLF COURSE CLUBHOUSE
RENOVATIONS
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the
Illinois Constitution of 1970; and,
WHEREAS, the residents of the Village of Buffalo Grove and patrons of the
Buffalo Grove Golf Course would likely find it advantageous to have a restaurant on
the Clubhouse premises ; and,
WHEREAS, the Village Board has determined that it is in the best interests of
the Village to authorize the Village Manager to finalize and execute a contract with a
contractor.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COUNTIES OF COOK
AND LAKE, STATE OF ILLINOIS, as follows:
SECTION 1. The foregoing recitals are hereby incorporated and made a part
of this Resolution.
SECTION 2. Based on the review of the bids and reference checks, staff
recommends the Village Board reject all bids and waive bids for the Buffalo Grove
Golf Course Clubhouse Renovation project.
1
Packet Pg. 248
9.C.a
SECTION 3. The Village Manager is hereby authorized and directed to
negotiate and execute a contract for Buffalo Grove Golf Course Clubhouse
Renovations with one of the three lowest bidders, Plata Corporation, Boller
Construction Company, or Carmichael Construction, in an amount not to exceed
$690,000.00, pending final review and approval by the Village Attorney.
SECTION 4. This Resolution shall be in full force and effect from and after its
passage and approval.
AYES:
NAYS:
ABSENT:
PASSED: , 2017
APPROVED: , 2017
ATTEST:
Village Clerk
APPROVED:
Village President
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L L 14'
RUFFAL0 CROVE
DATE: January 20, 2017
TO: Dane Bragg, Village Manager
FROM: Jennifer Maltas, Deputy Village Manager
Brett Robinson, Purchasing Manager
SUBJECT: Buffalo Grove Golf Course Clubhouse Renovations
Introduction
Bids were received and opened on January 17, 2017 for the Buffalo Grove Golf Course
Clubhouse Renovation project. Six bids were received (bid tabulation attached) and reviewed by
a committee comprised of Village staff, Trustee Trilling, and the architects for the project.
Bid Review
The bids came in much higher than expected with the lowest base bid at $762,787 and the high
bid at $963,718. It should be noted that the low bidder, Plata Corporation, failed to include
plumbing and sewer work listed in addendum #1. Plata has provided a cost of $5,720 for that
part of the project. The review team closely reviewed the three lowest bidders and decided that in
an effort to achieve some cost savings the Village would remove the $139,000.00 - $148,000.00
Appliance/Restaurant Equipment line item from the Bid and purchase that equipment directly.
For that reason, there is a second item on the agenda for the purchase of the equipment.
Staff will also be working with the new tenant to try and find some savings with the installation
of the decorative wood paneling. Another option could result in approximately $20,000 in
savings. It is important to note that changes to the architect's drawings (such as the decorative
wood paneling) must be agreed to by the tenant as the improvements are a part of the Village's
lease agreement with the Cardone Group.
The three lowest bidders, Plata Corporation, Boller Construction Company, and Carmichael
Construction, were invited back to review the construction site now that demolition has been
completed. Some of the contractors have posed questions requiring clarifications that could lead
to extra expenses. In an effort to get the best price the staff believes it is in the best interests of
the Village to negotiate with the three lowest bidders. As some unforeseen issues may yet be
discovered as a result of the final walkthrough process the Village will hold a roughly 10%
project contingency amount of $60,000.00.
Funding a
As you are aware, the CIP budget for this project is $460,000. Funds from this project will
primarily be drawn from the Golf Capital Reserve Fund which currently holds $544,603. Any
amount in excess of the reserve fund level will be treated as a loan to the Golf Fund from the
General Fund and will be paid back to the General Fund through revenues generated at the
restaurant and future Golf Fund reserves. It is important to note that for the next 3 years the
Village will receive $90,000 a year from the sale of equipment when golf maintenance was
outsourced. The funds from the sale are placed in the reserve and can be used to pay back the
General Fund as well. Once the final number is known, staff will be evaluating planned Packet Pg. 251
9.C.a
at both golf courses that may be delayed or restructured due to funding issues.
Recommendation
Based on the review of the bids and reference checks, staff recommends the Village Board reject
all bids, waive bids and authorize the Village Manager to negotiate and execute a contract for
Buffalo Grove Golf Course Clubhouse Renovations with the one of the three lowest responsive
and responsible bidders, Plata Corporation, Boller Construction Company, or Carmichael
Construction, in an amount not to exceed $690,000.00 (inclusive of the contingency) pending
final review and approval of all terms of the agreement by the Village Attorney.
Packet Pg. 252
Action Item : Authorization to Purchase Kitchen Equipment
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
Based on the recommendation of the review committee, staff recommends the Village Board authorize
staff to purchase Kitchen and Bar Equipment for the Buffalo Grove Golf Course Clubhouse Renovation
project for a cost not to exceed $115,000.00 pending final review and approval of any terms by the Village
Attorney.
ATTACHMENTS:
• Authorization to Purchase Kitchen Equipment (PDF)
Trustee Liaison
Johnson, Trilling
Monday, January 23, 2017
Staff Contact
Brett Robinson, Finance
Updated: 1/20/2017 4:47 PM A
Page 1
Packet Pg. 253
11.A.a
L L 14"
RUFFALO CROVE
DATE:
TO:
FROM:
SUBJECT
January 19, 2017
Dane Bragg, Village Manager
Jennifer Maltas, Deputy Village Manager
Brett Robinson, Purchasing Manager
Buffalo Grove Golf Course Clubhouse Kitchen and Bar Equipment
Introduction
As noted in the memo titled Buffalo Grove Golf Course Clubhouse Renovations, bids were
received and opened on January 17, 2017 for the Buffalo Grove Golf Course Clubhouse
Renovation project. The review team closely reviewed the three lowest bidders and decided that
in an effort to achieve some cost savings the Village should remove the Appliance/Restaurant
Equipment line item from the bids and purchase that equipment directly. It is expected that the
Village could save upwards of $33,000 by taking direct delivery of the equipment.
Recommendation
Based on the recommendation of the review committee, staff recommends the Village Board
authorize staff to purchase Kitchen and Bar Equipment for the Buffalo Grove Golf Course
Clubhouse Renovation project for a cost not to exceed $115,000.00 pending final review and
approval of any terms by the Village Attorney.
Packet Pg. 254
Action Item : Authorization to Purchase Replacement Vehicles
through the Suburban Purchasing Cooperative
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
Staff recommends that the replacement vehicles be acquired through the Suburban Purchasing
Cooperative program in accordance with the Illinois Governmental Joint Purchasing Act (30 ILCS
525/0.01 et seq.) in a total not to exceed amount of $199,641.00. All vehicles will be funded through the
vehicle reserve.
ATTACHMENTS:
• SPC Purchases 2017 (DOCX)
• SPC_2017_Ford_Utility_Police_Interceptor-152Ext-1 (PDF)
• SPC_2017_Ford_Police_Interceptor_Utility_Order_Form-11-09-16 (PDF)
• 2017 SPC Vehicle Options (DOCX)
Trustee Liaison
Stein
Monday, January 23, 2017
Staff Contact
Brett Robinson, Finance
Updated: 1/19/2017 11:34 AM
Page 1
Packet Pg. 255
11.B.a
1,1 OF
�13UFFALO GROVE
DATE: January 11, 2017
TO: Dane Bragg, Village Manager
FROM: Brett Robinson, Purchasing Manager
Robert Whalen, Fleet Manager
RE: Vehicle Purchases
Background Information
Is
Staff requests authorization to purchase seven 2017 Ford Utility Interceptor vehicles, these
units are scheduled replacements for Fiscal Year 2017. These units will be procured through
a joint purchase in conjunction with the Suburban Purchasing Cooperative/Northwest
Municipal Conference contract. All units are fully funded in the capital reserve.
The units scheduled for replacement:
Fire
292. A 2009 Chevrolet Impala, 83,728 currently shows on the odometer. This unit is due to
be replaced as it is no longer in a condition that makes it wise to continue its service with the
Fire Department. The unit will be sold for asset recovery.
297. A 2008 Chevrolet Impala, 99,338 currently shows on the odometer. This unit is due to
be replaced as it is no longer in a condition that makes it wise to continue its service with the
Fire Department. The unit will be sold for asset recovery.
These replacements will also include some realignment of vehicle assignments. This will give
the Fire Department four units equipped alike that can be used interchangeably as
operations require, additionally will give Fire Operations Shift Command an all wheel drive
unit to be used when road and weather conditions warrant.
The replacements proposed will be a 2017 Ford Utility Interceptors, Northwest Municipal
Conference Suburban Joint Purchasing contract #152. Both units as proposed with available
factory options will not exceed $58,254.00. Funding of this purchase will be through the
vehicle reserve.
Page 1 of 2
Packet Pg. 256
11.B.a
Police
732. Unit 732 is in the Investigations/Youth Division of the Department. The existing Unit
732 may be repurposed or sold for asset recovery dependent on Police or other
Departments needs.
710, 719, 725, and 730. These four units have reached the end of their useful Patrol lives.
Units 710, 719, 730 may be repurposed dependent on a review of all Village Department
needs, but will likely be sold for asset recovery, Unit 725 with 106,405 currently on the
odometer will be sold for asset recovery due to mileage.
The five replacements proposed will all be 2017 Ford Utility Police Interceptors, Northwest
Municipal Conference Suburban Joint Purchasing contract #152. All five units as proposed
with available factory options will not exceed $141,387.00. Funding of this purchase will be
through the vehicle reserve.
Recommendation
It is recommended that the following replacement vehicles be acquired through the
Suburban Purchasing Cooperative program in accordance with the Illinois Governmental
Joint Purchasing Act (30 ILCS 525/0.01 et seq.) in a total not to exceed amount of
$199, 641.00
Page 2 of 2
Packet Pg. 257
11/17/2017 1:48 PM FAX 18154647500 CURRIE MOTORS
Z0001/00
November 15, 2016
('urrie Motors
Mr. Tholmls Sullivan
9423 W. Lincoln Hwy,
Fran.kibrL. IT, 60423
DvrMr, Sullivan
This later is to inform you that Elie Suburban PUrekisin C(o4.wP,-rtitivc(SPC)C;uve-iiiiigBuirdliar ;tppruvcdthe
contract cxtensiun and price increase for the 2017 S IC Ford Utility Police Int:rceptot, (K8A) 1)10S Option
Puekagcs and Other Options (:ontricr #152 to Currie Motors, Frankfort IL The pricc will increase by $901.00.
to $26,456,00.
With acceptance of this contract, Curric Motor.,;, Franklkm, 11, agrees to all terms 'Ind conditions set limh in the
speoirications conWiiicd within the Rcquest rur Proposals to which you respondcd. I
Idmini,mr, ive 'gkp JAwlji&l-Lvjjall ler),
, jL_qE_ycljijc _ . 1( aid
The SPC lvuks forward to another productive year WoT ing with (,urric Motors, I -
date this agreement below, retaining copies, for y I'll, urrilo and rctuming the original
of the contract extension is Novurnbcr 9, 2016 through ovcmbcr 8, 20l 7. nicsi
this contract for up to rwo (2) additional one-year term upon mumal agrccrimit c
SPC* on a negotiated basis,
Sincerely,
Ellen Dayan, (.PPB
Program Manager for Purchasing
Northwe.,,L Municipal Conrucnce
Aic:Thom7qS
--JiLl LZO 15
Name: I.Al"c'n Dayan Datc
I
Northwest Municipal Confcrence
Currie Motors
Drifte Havort rrc Norflips-esl AhAnkipul
Simik Sithur6an Mayars
Afan"gery rionferctfore Ar"finji-rctux
And Alanagerm Avvtoo-Affiopt
1220 O&A flon.4 hood A00 Fuxt (7 (1700
190.; Wtut 17411,Sovet
Ouk Brook //. 60523 Des Nahje,M, It, 600)6
1-'*4v1 Ho"ri erk'so. IL 604ZY
SId.,011V Q14611ell PlIm 1,41 * vm)'Upps
1st/Pursed
rhoije., (6311) 571-0480 Phootv. (N47) 2964.100
Phone: (70S) 2111i, 1155
rux: (630) 571-04S4 Fax: (*17) 296-9207
P'vx, (708J ,106 /1.4.�
:1.r.5e.ssc �11 1.20.DU
inkfort. 1L, Plcisc sign and
myal(ention, The duration
reserver; (lie fight to extend
the both the vendor and the
Date
Will 0"Iloty
r,two-romenful Leaew,
J INI) Thetodure Streer, Sime 101
1106"t, 1/r 60435
plasirt.: MIS) 72V-.0,;5
Parr- M151 72V-35J6
I Packet Pg. 258 1
11.B.c
2017 Ford Utility Police Interceptor AWD
Contract # 152
Currie Motors Fleet
"Nice People To Do Business With"
Your Full -Line Municipal Dealer
www.CuirieFleet.com
ORDER CUTOFF: March 2017
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find a orm
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Packet Pg. 259
11.B.c
SPC
COOPERATIVE
2017 Ford Utility Police Interceptor AWD
Contract # 152
$26,456.00
3.7 TI-VCT V6 FFV
6-Speed Automatic
Rear recovery hooks
Independent front/rear suspension
Engine Oil Cooler
18.6 gallon fuel tank
Engine Hour Meter
220 Amp Alternator
78 Amp Hour Battery
Lower black body side cladding
Dual Exhaust
Black spoiler
Electric Power Assist Steering
Acoustic laminated windshield
18" Tires and Wheels
Fixed glass lift gate
Full Size Spare
AM/FM/CD
Roll curtain airbag
Safety Canopy W/Roll Over
Sensor
Anti -Lock Brakes With Advanced Trac
and traction control
LED tail lamps
2nd/3rd Row Privacy Glass
My Ford police cluster
Black Grill
Headlamps -LED Low Beam
Halogen Hi Beam
Lift Gate Release Switch - 45
Second Time out
Rearview Camera with Washer
All -Wheel Drive
Manual folding power mirror
Fold flat 60/40 rear vinyl bench
Single Zone Manual Climate
Control
Power Windows - 1 Touch
Up/Down
Power Locks
Cruise Control/Tilt Wheel
Calibrated Speedometer
Column Shift
Work Task Light red/white
Simple fleet key
Power Adjustable Pedals
Two -Way Radio Pre -Wire
Particulate air filter
Power Pig tail
Delivery within 30 Miles
Locking Glove Box
Standard Warranty:
Basic: 3 Years/ 36,000 Miles
Drivetrain: 5 Years/100,000 Miles
Corrosion: 5 Years/ Unlimited
Miles
Emissions: 8 Years/80,000 Miles
Roadside Assistance:
5 Years/60,000 Miles
Order Cutoff: March 2017
Packet Pg. 260
11.B.c
SPC
COOPERATIVE
❑ 99T
3.5L V-6 Ecoboost® Engine (131 MPH top speed)
$3,106.00
❑ 41H
Engine block heater
$86.00
❑ 86L
Auto Head Lamp Required With Silent Mode
$109.00
❑ 43D
Dark car feature - Courtesy Lights Ino
$17.00
❑ 43L
Silent Mode - Requires Day time Running Lights /Auto
Lamp
$19.00
❑
942
Daytime Running Lights
$39.00
❑
17T
Dome lamp red/white cargo area
$49.00
❑
51Y
Sot Light Drivers Side Only - Incandescent
$204.00
❑
51Z
Dual Spot Lights (Driver/Passenger) Incandescent
$334.00
❑
51R
Spot Light Drivers Side LED Bulb - Unity
$375.00
❑
51T
Sot Light Drivers Side LED Bulb - Whelen
$399,00
❑
51S
Sot Light Dual LED Bulbs - Unity
$541.00
❑
51 V
Sot Light Dual LED Bulbs - Whelen
$632.00
❑ 51P
Spot Lamp Prep Kit; Driver side
does not include housing and bulb)
$122.00
❑ 51 W
Spot Lamp Prep Kit; Dual Side
does not include housing and bulbs)
$245.00
❑ 21L
Front Auxiliary Light Red/Blue - requires option 60A
$524.00
❑ 21 W
Forward Indicator - Red/Blue Pocket Warning Light -
re uires o tion 60A(Located in Headlamp)
$607.00
❑ 60A
Pre -wiring grill lamp, siren, speaker
$45.00
❑ 63B
Side Marker LED - Red/Blue - Requires 60A
$276.00
❑ 63L
Rear Quarter Glass Side Marker Lights - Red/Blue
$546.00
❑92G
Glass -Solar Tint 2nd Row/Rear Quarter/Liftgate Window
Deletes Privacy Glass
$105.00
❑92R
Glass -Solar Tint 2nd Row Only, Privacy Glass on Rear
Quarter and Lift ate Window
$75.00
❑ 68Z
Roof rack side rails
$136.00
❑ 76D
Deflector Plate (Eco Boost Only)
$292.00
❑ 87R
Rear View Camera - Includes Electrochromic Rear View
Mirror (replaces standard camera in center stack area)
N/C
❑
53M
Sync® Basic - includes USB port and aux input jack
$280.00
❑
61R
Rema able 4 switches on steering wheel less Sync)
$136.00
❑
61 S
Rema able (4) switches on steering wheel with Sync)
$136.00
❑
18W
Rear window power delete
$22.00
❑
68L
Rear -Door Handles Inoperable / Locks Operable
$30.00
❑
68G
Rear -Door Handles Inoperable / Locks Inoperable
$30.00
❑
52H
Hidden Door -Lock Plunger w/Rear-door Handles O
$122.00
❑
52P
Hidden Door -Lock Plunger w/Read-door Handles Inop
$140.00
❑
16C
1st & 2nd Row Carpet Floor Covering (includes mats)
$110.00
❑
18D
Global lock/unlock feature (disables auto -lock on rear hatch)
$24.00
❑
87P
Power Passenger Seat 6-way) w/ manual recline/lumbar
$284.00
❑
85D
Front Console Plate -Delete /A w/ 67G, 67H, 67U, 85R
N/C
❑
85R
Rear Console Plate (N/A with 65U, 85D)
$30.00
00
rn
Packet Pg. 261
11.B.c
SPC
COOPERATIVE
❑ 90D
Ballistic Door Panels — Level III Driver Front Only
$1506.00
❑ 90E
Ballistic Door Panels — Level III Driver/Passenger Front
$3012.00
❑ 90F
Ballistic Door Panels — Level IV Driver Front Only
$2294.00
❑ 90G
Ballistic Door Panels — Level IV Driver/Passenger Front
$4588.00
❑ 96W
Visor Light (requires rear console mounting plate N/A with
interior Upgrade Package
$1159.00
❑ 55B
BLIS® Blind spot monitoring (includes manual heated
mirrors)
$517.00
❑
19L
Lockable Gas Cap
$17.00
❑
549
Mirrors — Heated Sideview
$53.00
❑
593
Perimeter Anti -Theft Alarm — Requires key Fob 595
$105.00
❑
595
Remote Keyless Ent /A with keyed alike
$248.00
❑
76R
Reverse Sensing
$261.00
❑
Keyed Alike — Code #:
$45.00
❑
65L
18" 5-spoke full face wheel covers w/ metal clips
$53.00
❑
64E
18" painted aluminum wheels
$451.00
❑
17A
Aux Air Conditioning N/A with 63V
$579.00
❑
16D
Badge Delete
N/C
❑ 63V
Cargo Storage Vault - includes lockable door/compartment
li ht N/A with 17A
$232.00
❑ 55D
Scuff Guards
$79.00
❑ 60R
Noise Suppression Bonds (Ground Straps)
$87.00
❑ 18X
100 Watt Siren/Speaker (includes bracket and pigtail)
$285.00
❑ 43S
My Speed Fleet Management - allows admire to lower max
vehicle speed and max audio volume / allows VMAX speed
to be set in 5mph increments
$53.00
❑
52B
Enhanced PTU Cooler — requires EcoBoost® Engine
$2553.00
❑
Rustproof & Undercoating
$395.00
❑
Engine Idle Control
$385.00
❑
4 Corner LED Strobes aftermarket using 86P
$895.00
❑
CD -Rom service manual
$325.00
❑
Remote Start -Single Button Fob
$475.00
❑
License and Title w/deliver MP M
$145.00
❑
Delivery greater than 50 miles of dealership
$150.00
Optional Maintenance & Warranty Coverage:
❑
ESP Extended Warranty Extra Care 5-Year 60,000 miles
$1,620.00
❑
ESP Extended Warranty Base Care -3 ear/100,000 miles
$1,115.00
❑
ESP Extended Warranty Powertrain —6year/ I00,000miles
$975.00
❑
ESP Extended Warranty Base Care — 6 ear/100,000miles
$1155.00
00
rn
Packet Pg. 262
11.B.c
SPC
COOPERATIVE
Equipment Groups
❑
Police Wire Harness Connector Kit — Front
$100.00
47C
For connectivity to Ford PI Package solutions includes:
• (2) Male 4-pin connectors for siren
• (5) Female 4-pin connectors for lighting/siren/speaker
• (1) 4-pin IP connector for speakers
• (1) 4-pin IP connector- for siren controller connectivity
• (1) 8-pin sealed connector
• 1) 14- in IP connector
❑
Police Wire Harness connector Kit— Rear
$123.00
21 P
For connectivity to Ford PI Package solutions includes:
• (1) 2-pin connector for rear lighting
• (1) 2-pin connector
• (6) Female 4-pin connectors
• (6) Male 4-pin connectors
• 1) 10- in connector
❑
Police Interior Upgrade Package
$371.00
65U
Includes: 1 st & 2nd Row Carpet Floor Covering, Rear Cloth
Seats, Center Floor Console less shifter- includes console
Deletes the standard console mounting plate
Note: Not available with options 67G, 6711, 67U
❑
Front Headlamp Lighting Solution
$809.00
66A
Includes: Base LED low beam/halogen high -beam with wig-
wag function, 2-white LED side warning lights, wiring, LED
lights included, controller NOT included.
Note: Not available with 67H; recommend using 67G or 67U
❑
Front Headlamp Housing Only
$119.00
86P
Pre -drilled side marker holes (does not include lights)
Pre -molded side warning holes with twist lock capability
(does not include lights)
❑
Tail Lamp Lighting Solution
$404.00
66B
Includes: Base LED lights plus 2-rear integrated white LED
side warning lights, wiring, controller NOT included, N/A
with 67H
❑
Rear Lighting Solution
$433.00
66C
Includes two backlit flashing LED lights (mounted to inside
lift gate glass), two lift gate flashing LED lights (not available
with Police Interceptor package 67H)
❑
Tail Lamp Housing Only
$53.00
86T
Pre-existing holes with standard twist lock -sealed capability,
does NOT include LED lights. N/A w/66B and 67H
❑
Ultimate Wiring Package (n/a with Interior Upgrade
$524.00
67U
Package) Includes the following:
00
rn
Packet Pg. 263
11.B.c
SPC
COOPERATIVE
• Rear console mounting plate (85R)-contours through 2" d
row; channel for wiring
• Pre -wiring for grille LED lights, siren and speaker
(60A)
• Wiring harness I/P to rear (overlay)
• (2) light cables -supports up to (6) LED lights (engine
compartment/grille)
• (2) 50-amp battery and ground circuits in RH rear -
quarter
• (1) 10-amp siren/speaker circuit engine cargo area
• Rear hatch/cargo area wiring -supports up to (6) rear
LED lights
N/A with 65U, 67G, 67H
❑
Cargo Wiring Upfit Package (n/a) with Interior Upgrade
$1,272.00
67G
Package
• Rear Console Mounting Plats
• Wiring overlay harness w/lighting & siren
interface connections
• Vehicle engine harness: 2-light connectors, 2-grill
light connectors, 2-50 amp battery ground circuits
in power junction box, 2-10 amp sire/speaker
circuit
• Whelen lighting PCCBR control head
• Whelen PCCBR Light Relay Center
• Whelen specific cable connects PCCBR to control
head
• Pre -wiring for grill lights siren and speaker
(not available with 65U 67H and 67U)
❑
Ready for the Road Package -not available with Interior
$3,244.00
67H
Upgrade Package
All -in Complete Package -Includes Police Interceptor
Packages 66A 66B 66C plus
• Whelen Cencom light controller
• Whelen Cencom relay center/siren amp with traffic
advisor
• Light controller/relay Cencom wiring
• Grille LED Lights
• 100 Watt Siren/Speaker
• (9) UO digital Serial Cable (console to cargo)
• Hidden door lock plunger & rear door handles inop
• Rear console mounting plate
not available with 66A 66B 66C 67G 67U 65U
Vin Options
❑ Two -Tone Vinyl Wrap - Package #1 $733.00
91A Roof & Right/left, front/rear doors vinyl - white only
Packet Pg. 264
11.B.c
SPC
COOPERATIVE
(Not available with: 91 C, 91 D, 91 E, 91 F, 91 G, 91 H, 91 J)
❑
Two -Tone Vinyl Wrap - Package #3
$611.00
91C
Roof & Right/left front doors only vinyl - white only
(Not available with: 91 A, 91 D, 91 E, 91 F, 91 G, 91 H, 91 J)
❑
Two -Tone Vinyl — Roof white only
$428.00
91 H
(Not available with: 91 A, 91 C)
❑
Two -Tone Vinyl — LH/RH Front Doors white only
$266.00
91J
(Not available with: 91 A, 91 C, 91 D, 91 E, 91 F, 91 G)
❑
Vinyl Word Wrap - POLICE (Non -Reflective)
$694.00
91D
White (YZ) lettering located on LH/RH sides of vehicle
Not available with: 91 A, 91 C, 91 E, 91 F, 91 G, 91 J
❑
Vinyl Word Wrap - POLICE (Reflective)
$694.00
91E
Black lettering located on LH/RH sides of vehicle
Not available with: 91A, 91C, 91D, 91F, 91 G, 91J
❑
Vinyl Word Wrap - POLICE (Reflective)
$694.00
91F
White lettering located on LH/RH sides of vehicle
Not available with: 91A, 91C, 91D, 91E, 91G, 91J
❑
Vinyl Word Wrap - SHERIFF (Non -Reflective)
$694.00
91 G
White lettering located on LH/RH sides of vehicle
Not available with: 91A, 91C, 91D, 91E, 91F, 91J
Options — Exterior
❑ BU
Medium Brown Metallic
❑ E3
Arizona Beige Metallic Clearcoat
❑ G1
Shadow Black
❑ HG
Smokestone Metallic
❑ J1
Kodiak Brown Metallic
❑ JL
Dark Toreador Red Metallic
❑ KR
Norsea Blue Metallic
❑ LK
Dark Blue
❑ LM
Royal Blue
❑ LN
Light Blue Metallic
❑ MM
Ultra Blue Metallic
❑ N1
Blue Jeans Metallic
❑ TN
Silver Grey Metallic
❑ UJ
Sterling Grey Metallic
❑ UX
Ingot Silver Metallic
❑ YG
Medium Titanium Metallic
❑ YZ
Oxford White
❑
Special Paint $873.00
Options — Interior
❑
Charcoal Black w/vinyl rear
N/C
❑
Charcoal Black w/cloth rear
$57.00
00
rn
Packet Pg. 265
11.B.c
SPC
COOPERATIVE
Please enter the following:
Title Information:
Contact Name
Phone Number
Purchase Order Number
Fleet Identification Number
Tax Exempt Number
Total Dollar Amount
Total Number of Units
Delivery Address
Please submit P.O. & Tax exempt letter with Vehicle Order:
Currie Motors Fleet
9423 W. Lincoln Hwy
Frankfort, IL 60423
PHONE: (815)464-9200 FAX. • (815) 464-7500
CurrieFlee a�,mail.com
Contact Person: Tom Sullivan
Upfitted Units Are Available for Immediate Delivery
Also available upon request, financing options inc. municipal finance, lease, & lines of credit
Title changes and errors will be assessed correction fees
Visit our Website: www.Curriefleet.com
Packet Pg. 266
Fire Department Vehicle Options
NI-Irriber if Iterns 21 Total $58,254.00 EnCUrn bered AmOUrt $58,254.00
GA Can'FILICk- 2017 Fcord: Exp I oier Police I riterceptorRAID
2.0000 Each
26,456.0,00,0
$52,912.00 PW
C a fffl-ld: 0[3liOnS - 41H Black: He ate 1
2.0000 Each
86.0000
$172.00 PW
CaffrUCII, Options - 942 Daytime Running Lights
2.0000 Each
39.0000
$78.00 PYI
Carl -li Options - ejOA Pre miring Grill Lamp Speaker
2.0000 Each
45.0000
$00.00 PIVII
CarMuck Options - 87R Rearview Camera Electrochromatic Rearview dirror
2.0000 Each
0.0000
$0.00 PW
Car)T[UrkOptions 53fdSync Bqsic
2.0000 Each
280.0000
$560.00 PIN
Carrl-wdk Options - 15C lBst & 2nd Row Carpet
2.0000 Each
110.0000
$220.00 PIN
Cairi-ruck. options - 18D Global Unlock Feature Disablcs Hatch Auto Loc
2.0000 Each
24.0000
$48.00 PW
Ca0 rLI& Options - 549 Heated Rear View 1.1inor
2.0000 Each
53.0000
$106.00 P"r
CaiMLICk, OlOtiOnS - 595 Rornote Ke,(Iess Entry
2.0000 Each
248.0000
$496.00 P'01
CaffrUCII, OptiOnS - 75R Reverse Sensing
2.0000 Each
261.0000
$522. 00 P N
Cai)TmCk Options - 651 18'' 5 SpOk'.R AlLinnini-IM �,Vhpel Covers with i,,Iet3l Clips
2.0000 Each
53.0000
$106.00 P'VII
GarrTrUCK Options - Rustproof & Undercoating
2.0000 Each
395.0000
$790.00 PW
air)T[Urk Optk)ns Renriote Start- single Fob
2.0000 Each
475.0000
$950.00 PIN
Cai-TlFrUdl, Options - Delivery
2.0000 Each
150.0000
$300.00 P"N
CaiMuduptinns - 47C Police kAfii, Hai ness Fronk
2.0000 Each
100.0000
$200.00 PIN
Cai-MU&: Options - 21 P Police 1Mre Harness Rear
2.0000 Each
123.0000
$246.00 PW
Cai)TiLld: Options - 96P Front He2dian-p Housing OnIq
2.0000 Each
119.0000
$238.00 PVII
CaffrUCII, OptiOnS - 86T Tail I -Amp Housing Only
2.0000 Each
53.0000
$106.00 PIN
CaffmCk Options - A Daii¢ 'roreador Ra.d Metallic
2.0000 Each
0.0000
$0.00 PIVII
CarMu&. Options - Option Interior Charcoal Blark Wl Cloth Rear
2.0000 Each
57.0000
$114.00 PW
Police Unit 732 Vehicle Options
Nurnberof ferns 20 Total $30,015.001
E rI C LI M. be red Mi o l,.i n t
$30,015.00
CACar)'Truck - 2017 Ford UfiMyPoRce We-
110,000
Each
26,456-0,000
526,456-00
PVV
Car7ruck Opitions - 431 Dark Car FeAlre•
1-0000
Each
17.00,00
$17. GO
PW
C arTFI,'U CK Opt !on s - 17 T D am e Damp R ed/.
10000
Each
490000
$49.00
PW
CaNTP-ick Options - 60APre-owing grill [a
1.0000
Each
450000
$4500
P'VV
C ar 7iru : V. Option s - 8 7 R Rear Vi ew C a m er---
10 000
Each
00,000
$0. GO
FYVV
CariTrLICK Optir,:ms - 53NI S,.,,nc? Basic
10000
Each
28000,00
$28000
PW
a rrFrLI ck Op& [on s - t3al S Rem ap pa ble, (4) .
1.0000
Each
136.00,00
$1316.00
P'VV
C aii ck. Op� lon s - 7 3R Revears e S e in s 1 n g
1,,0000
Each
261 0000
$261 00
PW
CariTruck OpMans - Keye-dNike
1:00100
Each
450000
$45.00
PW
C a l-ITPLi ck Opli !on s - Rmslp,T)cf & UndeiToa
110000
Each
3950000
$39500
PW
Can'Tirl-ick Options - 4 Corner LED Sti .
1.0000
Each
89500,00
$895 GO
P'VV
CarMuck Opitinns - License and Title lx/de..
10000
Each
14500,00
$145 GO
P'VV
Cai,Fl-ruck. Options - I.-)eRveilygire-aler than 5..
1100,00
Each
'1500000
$150 00
PVV
Car/-Fruck Options - 47C Poilce Wire -larn..
1.0000
Each
10000,00
$100010
PIVV
CairarLIcK OpUons - 21P Pialice Wire H aim..
1.0000
Each
1230000
$123.00
P'VV
CariTrucik OpUrins - 65 U Police IMenor 11
10000
Each
371 00,00
$371 00
PW
CarrTrucik Options - 8,6P Front Headlamp
1:0000
Each
1190000
$11.900
PIVV
Car7ruck. Opflons - Tail Lamp Lighting Sol.
1,0000
Each
4040000
$40400
PW
Cart FirucK Opticms - '11 Bilk Jeans Metallic
10000
Each
0001010
$000
PVV
Car/Truck, Options - Global Lock Uniock Fe
110000
Each
2400,00
$24.00
PW
I Packet Pg. 267 1
Police Units 710, 719, 725, 730 Vehicle Options
Num tier of Items '19 To a 1 $11,11,372.00 EnUlmtiered knUint. $1,111,372.00
CACairt-Fruck-201.7lFoi�,dUti/PoRcelnW-..-.
40,000
Each
26,4560,000
$1,05,824-00
PW
Car/TrUCk Options - 43D Dark Car FeaWire
40000
Each
117.000,0
US 010
PW
C a r/Tru c k Opt i o n s - 17 T D o ri i e L i g hl Re d 1
4.000,0
Each
49.0000
P1W
C a r/TrL1 C K, Op It 1 o n s - 51 Y S pol L! g h 1 ID M� rs .
4000,0
Each
2040000
$81&010
P1W
C a r5ru c k 0 p J o n s - 6 OA P a-, .. vy I r! n g G d I I I a
40000
Each
450000
PIW
Car(TrUCIK OpUons - E,,7R Reaview Camera
40000
Each
0 0000
PW
Car/Truck Cipflons - '18W Rear'VMndDv Po
40,000
Each
22.0000
$88010
FYvv
C a r/Tm c V Op t 1 r.) n s - 13 B G R e a i,,, Cr or-1 a n d 1
40000
Each
3,00000
$1200,0
Pit'
Can'TI'Llck Options - '1SID G1 obal I U N o
4000,0
Each
240000
$9,600
PW
Car,7ruck Opflons - 761R Rewerse Sensing
400,0,0
Each
261 0000
$1,04400
PAN
Ca1571rUck0ptIons -KeyedMke
40000
Each
45 0000
$1180,010
P1W
C a r/Tru c k Optic c n s - License and TNe NIP
40000
Each
145.,0000
$560 00
PW
CarrT'Llr k Options - 1
4.0000
Each
1)50.0000
$600,010
P1vv
C a r/TrL1 c k Opt i on s - 4 7 C Pol 1 c e'A(I rearn..
40000
Each
1010.00010
$400.00
PW
C a rTiru c k Op It! n n s - 2 1 P Fol 1 c e, Mire H a rn
4.000,0
Each
123.0,000
$491200
FW
C a N"TrLl c k Op� I on s - 86P FiTiM Head Lamp...
40000
Each
119 0000
$47600
FW
Ca571rLICK.Options - wrlRear-Fall Lamp H...
40000
Each
53.0,000
$212.00
FW
CarJrL1ckOptbns - LK DarkBIue Exterior
10000
Each
0 0000
$1000
P1W
Car/TrucK Options - YZ OxIord WhIrle Exlen
30000
Each
0.0000
$0,010
P1v41
I Packet Pg. 268 1