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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Kamka) SUMMARY: The Class B liquor license for Jing Jing, Inc. d/b/a Yen -Yen Restaurant at 360 Half Day Road is hereby rescinded.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. 2.A MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON MONDAY, 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 d 3 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. Packet Pg. 4 2.A 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. U) d A representative from the American Public Works Association (APWA) reviewed the criteria for this 3 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 C Village of Buffalo Grove first received accreditation in June 2004, and was the 16th agency in North j America and the 3rd in Illinois to become accredited. The Buffalo Grove Public Works Department a recently received their third Re -accreditation on September 22, 2016, joining Highland Park, Libertyville, a Naperville, Schaumburg, and Skokie in this prestigious group of dedicated communities. Mr. Reynolds Q thanked the Board and the Village Manager and all departments for their work together with Public Works. 2 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 Packet Pg. 5 2.A 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) d of the items on the Consent Agenda. 3 c Competitive Bids 4- 0 Motion to authorize staff to seek competitive bids for various projects. j 0 i 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 Q Packet Pg. 6 2.A 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 U) d c 0 �a 0 i Q a Q Packet Pg. 7 2.A 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 c 0 Janet M. Sirabian, Village Clerk j 0 i Q Q APPROVED BY ME THIS 23"d DAY OF January 2017 Q a 0 M ti Village President Packet Pg. 8 2.B 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. N 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. 0 i The Committee of the Whole Meeting consisted of staff reports and Board discussion on the following issues. Q- a Q 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. Packet Pg. 9 2.B 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 d 3 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. 0 i Q Q Janet M. Siiabian, Village Clerk APPROVED BY ME THIS 23rd DAY OF January 2017 Village President Q Packet Pg. 10 3.A 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 Page 1 Packet Pg. 11 3.A.a 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 N ti N Facilities Development Debt Service Fund: 0.00 c ca L Retiree Health Savings (RHS): 2,782.59 L Water Fund: 195,965.92 co Buffalo Grove Golf Fund: 1,236.37 Q Arboretum Golf Fund: 5,088.77 Refuse Service Fund: 118,157.70 N N Information Technology Internal Service Fund: 140,232.29 Central Garage Internal Service Fund: 54,348.35 E Building Maintenance Internal Service Fund: 45,444.60 3,205,507.75 a 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 Packet Pg. 12 4.A Information Item : A Proclamation Commending Peter Panayiotou for His Philanthropic and Generous Contributions the Buffalo Grove Community ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 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 Page 1 Packet Pg. 13 4.A.a 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 3 0 0 a i a E E 0 U c E 0 a a as ti ti U 0 L a a� a s ca a Packet Pg. 14 5.A Information Item : New Firefighter/Paramedic Oath of Office ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 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 Page 1 Packet Pg. 15 8.A Ordinance No. 0-2017-1 : An Ordinance Amending Chapter 5.20 - Liquor Controls ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 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 Page 1 Packet Pg. 16 01/04/2017 8.A.a 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. £ L 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 0) shall they be held responsible for any costs or delays due to the processing time required. _ �a 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. 0) 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. —J E L 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 V 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 O U_ 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 �a 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 \\Client\C$\Users\micheecWppData\Local\Temp\MinuteTraq\BuffaloGroveVillagelL@BuffaloGroveVillagel L.IQM2.com\Work\Attac 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 Packet Pg. 31 (swooa;sab elge}Pod PIS 10 PJeMV : 66L O 8`d1418 L OZ uaooa}saM sAea � f%� � K m E � m t w O O � O O O O W co H3 O l0 O M U3 O O O_ U3 O W o � fA M M V ri U3 M f0 f00 a N fA W V ui N EA r m N EA O W r" N £A W m N 63 oQ 3 Z } } o Z fn o N _m ? O O O N H3 O O N Efl O N I N EA O N O OJ fA O N O f0 M V to CO M to O� N to N M to o � " O O M O O O O N O l'J O 11J N O � O IfJ N M IA N f9 O O N 63 N 6A (O N 6A l0 N 6A 00 � d _3 '- v d U } } Z - - - - - - - O O O H3 O O O H3 O O O H3 O O O H3 O O O W O O O U3 O O O to O O O U) O O O H3 O O O H3 O O O H3 O O O H3 o_ Q] � N L _ Z Z Z Z c O y C O m � m � 0 N M W N � m � N _ ❑ E U w � � w 3 3 (i) � a c c Q T OR -o � m a m m J8 :;uauayoejjv Fem4 a1 a aD a 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 N E 0 0 N m d M ca 0 a m w 0 3 zo 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 N E 0 0 N m d M ca 0 a m w 0 3 zo Packet Pg. 35 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 N E 0 0 N m d M ca 0 a m w 0 3 zo 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 N E 0 0 N m d M ca 0 a m w 0 3 zo 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 > LL (SODIAJag n}lllOe=l PIS 10 paeMV : ZOSW LOZ SOOIAJag Al!ll3e=l 8d1a18 :jUGWt O cq V V H3 O O O to O O o0 EA O O 00 69 � N 00 M EA O O (o M EA O O W EA O O K3 O (o N O r EH O (o N O r EA O (o N O r Efl M co I- M r Efl N ' N V I� w H3 M CO M M60� E N N m m Z y } N } (A y 3 a � O O 7 N w o In O w v 7 q o V W v M N a w o O (o M w rn m O o (o w co M M d3 co M M H3 co M M K3 co Ih a M d3 o� I— (o N V3 N z E U n Z } } y O O O N H} O Ln O V} N r-� to M O (D m V3 O W O a V3 O O (o M V3 O O m W EH O O O K3 7 (V o7 O W L) Y3 7 N o0 O W Ln V3 7 N o7 O W Ln V3 Ln m O M EA 7 M f- O N M EH E o E ¢ M ¢ Z } } } o N N N C 'm o N N ?i oNo m a w U o T m o L O m Z H O u) O N o m w C N � o U 0 D No O U 0 _ O U O U O U O O J Q o� o .� �o m d o m -E?: 3 > O U O O 0 LL 3 d 3 d m O m O m O o o ~ FO m a N -6 -6 ti N O =� O ~ UI O LL O LL C C H H N H M N Q O ul a a a o o �, �, W H m m u) u) 0 > u) u) LL m V M O O } } } 4 ioelIv 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 V1UA T 4" U1, I[ E"%L0 l. i al 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 L Q 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 a. practical power of their knowledge; and, rn WHEREAS, We will look more than ever to engineers and their knowledge and skills to meet the challenges of the twenty-first century: Y a� d 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. 2 d c Proclaimed this 23`d day of January 2017. Beverly Sussman Village President Packet Pg. 56 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 Page 1 Packet Pg. 57 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 1 Packet Pg. 58 9.A.a 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 2 Packet Pg. 59 9.A.a 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 3 Packet Pg. 60 9.A.a (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 0 Packet Pg. 61 9.A.a 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. 5 Packet Pg. 62 9.A.a 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 Q C9 6 Packet Pg. 63 9.A.a 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 d comments from LCFPD with reasonable discretion, m 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). 7 Packet Pg. 64 9.A.a 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, 8 Packet Pg. 65 9.A.a 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 C9 or bar any right or claim of LCFPD for breach of or default under this Agreement or (to the extent 0 LCFPD has third -party enforcement rights under the Construction Contract) the Construction N Contract, unless such acceptance is based on LCFPD's express Written approval or acceptance of the relevant portion of the Work. V D. Post -Construction Obligations. o �a (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 s 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 9 Packet Pg. 66 9.A.a 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 Q c� the end of such 3-year (or longer) period, the Work Contractor shall continue L adaptive management and monitoring until such performance criteria are 0 satisfied and MWRD receives written confirmation from USACE indicating the N adaptive management plan has been carried out to USACE's satisfaction. /L� V 4. MWRD shall, and shall cause the Work Contractor to, monitor and manage the o areas improved by the Stream Channel Mitigation Work that are within the "5- �a m YEAR MONITORING & MANAGEMENT" areas depicted on Sheet Numbers ch L-116 and L-117 of the 98% Plans, in accordance with the perfonnance criteria c set forth in Section 32 7220 of Volume 2 of the 98% Plans, the USACE permit, N 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 x writing the construction of the Stream Channel Mitigation Work, except that, if w s such performance criteria are not satisfied by the end of such 5-year (or longer) 3 a period, the Work Contractor shall continue adaptive management and monitoring c� until such performance criteria are satisfied and MWRD receives written m confirmation from USACE indicating the adaptive management plan has been a LL 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 10 Packet Pg. 67 9.A.a 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 a the horizontal and vertical standards described below. To prepare the Improvement L As-Builts, MWRD shall cause its surveyor to establish horizontal and vertical control 0 N 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 d a� L control points shall reference North American Vertical Datum of 1988. Global v 0 Positioning Systems may be utilized but information must be provided in feet not meters. m M ARTICLE 5. PERMITS AND FEES. N W 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 x obtain all consents and approvals required by federal, state, and/or county regulations for the w s construction of the Work. LCFPD and the Village shall have the full right to participate in all 3 a meetings and proceedings relative to the consents, permits, and approvals required for — c� construction of the Work. The MWRD shall provide advance notice of all such meetings and m proceedings to the LCFPD and the Village. The MWRD shall assume any costs incurred in a. procuring all such consents, permits, and approvals necessary to construct the Work. The Village U_ L) 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 11 Packet Pg. 68 9.A.a 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. 12 Packet Pg. 69 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; m N (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 L 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 13 Packet Pg. 70 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; Q C9 (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 L are duly authorized to sign same on behalf of and to bind the MWRD; v 0 �a (iii) The execution and delivery of this Agreement, consummation of the transactions m provided for herein, and the fulfillment of the terms hereof will not result in any M breach of any of the terms or provisions of or constitute a default under any 0 N 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). 14 Packet Pg. 71 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 15 Packet Pg. 72 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 16 Packet Pg. 73 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 17 Packet Pg. 74 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. 18 Packet Pg. 75 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: 19 Packet Pg. 76 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 20 Packet Pg. 77 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 Q 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 d Original IGA, this Agreement controls. a�� j 0 �a m M O N -, 21 Packet Pg. 78 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: 22 Packet Pg. 79 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 23 Packet Pg. 80 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 Q C9 24 Packet Pg. 81 9.A.a 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 a c� M O N N1 t X LU t 3 a c� c� m d a LL L) J cC C LL J C G1 E L V Q Packet Pg. 85 \j ) ) \) \ ) � \ � ) � � � � \ \ -r- 9.A.a EXHIBIT C List of Original Plans a c� Packet Pg. 87 9.A.a 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 a c� Packet Pg. 89 9.A.a 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 9.A.a 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) a c� Packet Pg. 97 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. -� 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 (VE)l a!onaasaa ){oojo olsdjn8 £-LM-N) sz!q!4x3 Om ` !D J8n-adAo-i-aNmw leul-A :juewg3e44d R o oi CL ' � ? �' •� "t•. r.•, ArOtt f11NN)N.NdlptYriYt!��►..��.ti #i � 4t • » p l one 01 Cd ' v e ♦..r ..� I. b t N � tj CFN o Ea r 4J a 4,J 0 n4%w .UU a�� a 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 c 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 a c� Packet Pg. 103 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 a c� Packet Pg. 105 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 9.A.a 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 a c� Packet Pg. 110 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 Q c� L WHEREAS, for the purpose of facilitating continued maintenance and o a� operation of the Project, the Grantor is willing to grant said temporary easements, rights, privileges, and authority to the District, upon the terms and L conditions herein set forth; U 0 �a m NOW, THEREFORE, in consideration of the sum of TEN DOLLARS AND M 00/ 100 ($10.00) in hand paid by the District to the Grantor, and other good and c N 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) -2- Packet Pg. 112 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. -2A- 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. sm 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, Q and through the easement premises described herein, in accordance with the L specifications and plans prepared by the Director of Engineering of the District o a� and that certain "INTERGOVERNMENTAL AGREEMENT FOR DESIGN, CONSTRUCTION, USE, OPERATION, AND MAINTENANCE OF STORMWATER L AND RECREATIONAL IMPROVEMENTS AT THE BUFFALO CREEK FOREST 0 PRESERVE" (the "Intergovernmental Agreement"). 3 m M SECOND: District expressly assumes all responsibility for, and shall indemnify, c N 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 LL 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 E 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 -3- 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 Q c� Packet Pg. 116 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. Q c� -5- Packet Pg. 117 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: Q c� M 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 -7- Packet Pg. 119 OZ L ' 6d l-M--d Oo C 0 n CD C M fN CD D r U H Z 00 �a U= wV �W z W V LL �0 J 0 IL 0 w 2 A R L I N G T 0 N H E I G H T S R 0 A D i i i o� o a a o y N � N �aTFFFFFEPI 2 I w LL M a H o w w M w > I a� M w w �w U w a u 0 a g w O LL ~ U m Exhibit H.2 Verizon Cell Tower r s w !=WK 3 a 0 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 a c� Packet Pg. 122 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 Q ....................................................................................... 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 0 ....................................................................................... said contract, and shall pay for all materials used in said work and co .................................................................. .................... for all labor performed in such work whether by subcontractors or ....................................................................................... otherwise, and shall pay all valid claims and demands whatsoever, .c as Surety, are held and firmly bound unto the Metropolitan Water and shall defend, indemnify, and hold harmless the Dual Obligees, aa) Reclamation District of Greater Chicago and Lake County Forest their Commissioners, officers, agents and employees against loss or LI-) Preserve District, collectively the "Dual Obligees" in penal sum expense by reason of any liability imposed by law upon the O 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, m ....................................................... Dollars ($................... ) accidentally sustained by any person or persons, damage to property, M 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 r4- money well and truly to be made, we bind ourselves, our heirs, performance of this work by the Principal, any subcontractor(s), o 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 t Compensation Act of the state of Illinois, now in force, which may j THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, accrue to each and every person who shall be employed by said t 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 Q Greater Chicago for work performed on Lake County Forest or persons, and shall repay any illegal or excess payments, then is this (� 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. pp furnishing all the materials, tools, labor, appliances and appurtenances necessary for AND THE SAID SURETY, for value received, hereby stipulates and a ....................................................................................... agrees that no change, extension of time, alteration or addition to the u, .................... terms of the contract or to the work to be performed there under or V ....................................................................................... 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 ....................................................................................... Q any property or structures adjacent to or in the vicinity of the work. Printed Name 0 The liability of the Principal and the Surety under this covenant is L absolute and is not dependent upon any question of negligence on ....................................................................................... p the part of the Principal, or the part of his agents, employees or Title workmen, to take any particular precautions or to refrain from y doing any particular thing, shall not excuse the Principal or the Surety in case of any such damage. Name of Surety Y d a� AND IT IS HEREBY FURTHER EXPRESSLY UNDERSTOOD ....................................................................................... L j AND AGREED, and made a condition hereof, that any ,judgment Address of Surety p 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 m persons, damage to property, including loss of use thereof, arising out M of or in consequence of the performance of this work whether such B ' injuries to a person or persons, including death at any time resulting Signature c there from, damage to property, are due or claimed to be due to any N negligence of the Dual Obligees, the Principal, any subcontractor(s), their employees or agents or anyone else, and also that any judgment Printed Name N 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 t Obligees in any suit or claim arising under said Structural Work Act, Approved as the Form and Legality: x LU the Workmen's Occupational Disease Act and Workmen's t Compensation Act of the state of Illinois, now in force, relating to ..................................................................... A.D. 2.......... 3 compensation for occupational diseases, accidental injuries or death Q 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 m shall be conclusive against each and all parties to this obligation as to ....................................................................................... amount, liability and all other things, pertaining thereto. General Counsel d The Surety further expressly agrees that the Performance Bond shall Approved........................................................ A.D. 2...... U- V J be governed by Illinois law with Illinois as the forum and that Illinois W 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 a c� 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 Packet Pg. 126 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 Q 0 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 Q 0 Contract 13-370-3F AGREEMENT Packet Pg. 128 A-4 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 Q 0 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 a� Section 012500 Substitution Procedures 012500-1 to 012500-2 a°1, V Section 01 2600 Contract Modification Procedures 012600-1 to 012600-5 2 Section 012663 Change Orders 012663-1 to 012663-11 00 M Section 012666 Extension of Contract Time 012666-1 to 012666-4 0 N w Section 012675 Dispute Resolution Process 012675-1 to 012675-4 Section 013105 Web -Based Project Management System 013105-1 to 013105-4 x w Section 013115 Project Coordination and Meetings 013115-1 to 013115-6 s 3 a Section 013216 Construction Project Schedule 013216-1 to 013216-26 c� Section 013300 Submittal Procedures 013300-1 to 013300-5 m 0 a w Section 013527 Safety and Occupational Health Requirements 013527-1 to 013527-8 0 Section 014000 Quality Requirements 014000-1 to 014000-5 Section 014210 References and Standards 014210-1 to 014210-33 c U_ Section 014613 Non -Conformance Form 014613-1 to 014613-1 E Section 015000 Temporary Facilities and Controls 015000-1 to 015000-7 z a 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 Packet Pg. 129 M 9.A.a 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 Q 0 Contract 13-370-3F AGREEMENT Packet Pg. 130 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 Q 0 Section 313700 Riprap 313700-1 to 313700-6 0 Section 314116 Sheet Piling 314116-1 to 314116-5 a� DIVISION 32 — EXTERIOR IMPROVEMENTS a V Section 32 0100 Protection and Repair of Pavements 320100-1 to 320100-4 Section 32 0513 Soils for Landscaping 320513-1 to 320513-6 00 M Section 32 1123 Aggregate Base Course 321123-1 to 321123-5 W Section 32 1216 Asphalt Paving 321216-1 to 321216-5 y 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' Packet Pg. 131 A-7 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 Q c� Contract 13-370-3F AGREEMENT Packet Pg. 132 A-8 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 Q 14 CE-102 Existing Conditions 15 CE-103 Existing Conditions L_ O N 16 CE-104 Existing Conditions G1 d a� L 17 CE-105 Existing Conditions v 0 18 CE-106 Existing Conditions �a m 19 CE-107 Existing Conditions 20 CE-108 Existing Conditions 0 21 CE-109 Existing Conditions 0 s x 22 CE-1 10 Existing Conditions s 3 23 CE-1 l l Existing Conditions 24 CE-112 Existing Conditions 0 25 CB-101 Soil Boring Locations a. c.> J 26 CD-101 Demolition Plan o 27 CD-102 Demolition Plan c 28 CD-103 Demolition Plan `- c a� 29 CD-104 Demolition Plan E z 30 CD-105 Demolition Plan Q 31 CD-106 Demolition Plan 32 CD-107 Demolition Plan 33 CD-108 Demolition Plan AGREEMENT Contract 13-370-3F Packet Pg. 133 A-9 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 Q c� Contract 13-370-3F AGREEMENT Packet Pg. 134 A-10 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 Q c� 61 CS-504 SESC Notes c 62 CT-101 Maintenance of Traffic Phase I a� 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 M 66 CT-105 Maintenance of Traffic Phase V o N 67 CT-106 Maintenance of Traffic Phase VI 68 CT-501 Maintenance of Traffic Details x w 69 CT-502 Maintenance of Traffic Details s 3 a 70 CT-503 Maintenance of Traffic Details c� 71 CG-101 Grading and Drainage Plan m o a U- 72 CG-102 Grading and Drainage Plan 0 73 CG-103 Grading and Drainage Plan 74 CG-104 Grading and Drainage Plan c U- 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 A-11 9.A.a 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 Q c� Contract 13-370-3F AGREEMENT Packet Pg. 136 A-12 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 Q c� AGREEMENT Contract 13-370-3F Packet Pg. 137 A-13 9.A.a 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. Q c� Contract 13-370-3F AGREEMENT Packet Pg. 138 EAV[I 9.A.a 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 AGREEMENT Contract 13-370-3F Packet Pg. 139 A-15 9.A.a 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 Contract 13-370-3F AGREEMENT Packet Pg. 140 A-16 9.A.a 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 AGREEMENT Contract 13-370-3F Packet Pg. 141 A-17 9.A.a 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. Contract 13-370-3F AGREEMENT Packet Pg. 142 A-18 9.A.a 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 AGREEMENT Contract 13-370-3F Packet Pg. 143 A-19 9.A.a 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. Contract 13-370-3F AGREEMENT Packet Pg. 144 A-20 9.A.a 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. AGREEMENT Contract 13-370-3F Packet Pg. 145 A-21 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: Contract 13-370-3F AGREEMENT Packet Pg. 146 A-22 9.A.a 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 Contract 13-370-31' Packet Pg. 147 A-23 9.A.a 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 Contract 13-370-31' AGREEMENT Packet Pg. 148 ►_W51 9.A.a 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. AGREEMENT Contract 13-370-3F Packet Pg. 149 A-25 9.A.a 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. Contract 13-370-3F AGREEMENT Packet Pg. 150 A-26 9.A.a 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. AGREEMENT Contract 13-370-3F Packet Pg. 151 A-27 9.A.a 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 C9 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 C9 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: CD CO (D CL CD 3 CD 0 0� 0 'r 3 0 0 ::; l< > (D W 3 0 n CD CL a CD o to 10 J 0 311 C650 3 CD -0 Cl —0 rD In CL CD CD am 0 r-- 3 0 5 Cr :3 —0 w a o 0 W CD Cl f,D r- 0 ,o Gam 0 0 0 0) =r aJ Cl 0 0 o CL 3 0 = 0 0 0 - 0 z 00 3 0 0 =r CD (D Cr 2 Ln w 3 W= 3 Cl 0 cal cw Gp rD CD '0 0 Cn (D w Gm 0 S CL m I 9 C7 0 9 rx 0 0 FY 0 Lo CD rr -0 fl) -71 eD m Ali r% --4 @ R ro z 3 C; X (D rr rD 0 LL 0 Z M m m- a) 0 0 < z 3 xi a, T 0 2, to I - CD LO CL f —04 CD CD 0 m Gi (D z z a 3 a 0 0 Cr 0 0 Cl) 0 0 I 9.A.a I a 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 so I Packet Pg. 157 1 9.A.a EXHIBIT K Insurance Requirements a c� 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 w a. Per occurrence s $10,000,000.00 3 a b. General aggregate -per project $10,000,000.00 c� C. Products/Completed Operations m $10,000,000.00 0 a 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 E z a 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 a c� Packet Pg. 161 Z9 L ' 6d l-M--d 9LOZ 6Z 90 HS :Guinep .—S Ojd ) Ili :a)ea :Aq p.—ddy :Rq ..a '.Rq pa.Opa MIS 30NVN31NIVY4 d0 NOLLOId30 1V83N30 — L—1 IISIHX3 E J NIOA83S38 N3380 OlVddf s Z I o X o6eo!g3Aa;eeAo jo;o!jls!4 uogoLuelooN jeleM ue;godoijeW `� Li 9.A.a EXHIBIT L-2 Shoreline Maintenance Delineation a c� Packet Pg. 163 (Vol a!onaasaa )!aaiO ole))n8 : �-L60Z-M) sa!4!4X3 wm VJI oaA-Od301-08MW !eu!3 :ivaua43euv � R � Q of of :4�a.uo0 9LOZ 'OC Nnr dl1 add awa xa pama�aa �q oaa Mdll NMOHS Stl ions Nf ,�9 PaM�a4� 'Rq pa�6isaQ :rul'......a b O'OVOIHO HAIV3H'O d0 101H1SI0 NOI1VVW-IOAH H31VM NV1I10d OH13W a N NOUV3Nl130 30NVN3iNIVV4 3NI1380HS E N I E a J a10/\�jisi2i uivAi e d£—OL£—£ l IOV2JINOO 9.A.a EXHIBIT M Tax Exemption Certificate and Agreement a c� 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 Packet Pg. 170 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 M Packet Pg. 171 9.A.a 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 Packet Pg. 172 9.A.a 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 Packet Pg. 173 9.A.a 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. Packet Pg. 174 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 Packet Pg. 175 9.A.a 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 Packet Pg. 176 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.) Packet Pg. 177 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: Packet Pg. 178 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: Q 0 Packet Pg. 179 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 Packet Pg. 180 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 Packet Pg. 181 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 Q t Style Definition: StyffoldnderlBuffalo Grove, a municipal corporation (hereinafter the "Village") (hereinafter collectively known as the Centered Before: S L "Parties"). Style Definition: hkBodjD,bjd O L d Style Definition: hkSubtitlest D WITNESSETH: Style Definition: TitleCenterBold,tc 0 Y 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 V O and maintain flood control facilities; and Style Definition: Signature Style Definition: List Paragraph m 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 ti construct, operate, and maintain recreational facilities and to acquire and own land that is required to store N flood waters, or control other draina re and water conditions; and Q 0 WHEREAS, the Village is a municipal corporation organized, operating, and existing under the w O laws of the State of Illinois, and having among its powers the authority to construct, operate, and maintain c flood control facilities; and O y L d WHEREAS, the Parties entered into an agreement in 44741973 entitled "Agreement between the � Lake County Forest Preserve District and the Village of Buffalo Grove, Illinois and the Metropolitan d 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 }; "Aareemerat Aendiri� a I'revicsus A€�ceeent between. the Lake County Forest I'resccve District and the c E Village of Buffalo Grove, Illinois and the Metropolitan Sanitary District of Greater Cl ica >o for the v Buffalo Creek Retention Reservoir Lake County, Illinois" (such agreements are collectively referred to co 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 Packet Pg. 182 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 L O L WHEREAS, the MWRD desires to increase the Original Reservoir's capacity for flood control N by approximately 141184 acre-feet of storage (the 2""Additional Capacity" . ' the Original 0' Y Reservoir, expanded to include the Additional Capacity, is referred to herein as the °-"Expanded L Reservoir, —" 'tea conceptual configuration of the Expanded Reservoir is generally depicted on the V O 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 N 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 Q 0 prairie restoration proiect is generally depicted as the "Utvland Restoration and Byj r Areas" on the 7- 0 Concept Plan); and O .N WHERE AS, the excavation work necessary trr create the Additional Capacity will impact d exrstrns stream channels wrtlurr Buffalo Creel{ F'carest Preserve and, to rnrtr�ctte such rmpaets as redulred d by the United States Army Cor s ofEnt_=irreers ("rTSACE'"1, MWRD is rectuu�ed to perform mitigation S 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 +� c steeper grades have resu ted from erosion, the removal of invasive s reeies, and the planting of native O E species along stream banks (the ",S`tream Channel I�iti�ation �'os^ "}, and v Formatted: Justified co _ Q 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 O Schaeffer Road; and > d N WHEREAS, the Parties further acknowledge and agree that (i) it is appropriate to approve the d M Y 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 V O 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 00 Grant, as anxended, and this Agreement, subject to the LAWC'(?N Agreement• m "Formatted: Justified ~ WHEREAS, on ,April 7, 2010 the MWRD Board of Commissioners N authorized the MWRD to enter into atthis intergovernnental agreement with the LCFPD and the Village hey �= • •, trtd ,� O c WHEREAS, on the LCFPD's Board of O .N Commissioners authorized the LCFPD to enter into allthis intergovernmental agreement with the MWRD d and the Village; and d c 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 N 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 2Sa- '. ltha certteeeYit i'i i YzY p h lii itBE�-c>E3i2§�' �•� � a,a/rr®any - , , 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• Packet Pg. 186 9.A.d lhe—t X-E�Wa psi sscn'ss b 2 r. � ucccEc-a�1cc'sca mc-r -a ca-L ticuecf7ca.aac,cgc,is as , ar i saw aasitraac [ a E � %iitlE ,, , �—Vd:1-�i--. .Lh£` tt �° ttcttttt° • ?4�,a�,-€n-an-ve-�'n`-���et; �}}E ^c`s"r�,sa caaw r.i aaE°icc :sC="i v^v"r' �-i Ewi, -k%vi cn iaa. t.,::\ ,i<,,,.,.,1 r➢, ,, [; a.:t ![s.,..,: r:a [➢„�,ta.r„t;,,.„, h,,,,., ., irL. 7�.w. �.,, , tt,.,a ;,- cv-n7 r�—QiaBraa ,.� scat€ rizx—f f�,a �aaw raEi�ra��,—ra��t—� .�r�t€ �� ' i�att5 „H r., 'n nt„. .i,., a .Y ,.c• ...,,.ti p. �, r a„w�.�.,r , , .r,F� �' ip' •�1--fie ..t,,,-..,,,-;.rr., +t,,, .u„ .,r ,a„r�..w, ,mE� ,-[..,* [�,-,.:rz�c , reet€tea}liaa a; aestlpve Iff tt&e € a ;➢7 n .�.,,;r .[ ,. �d§€E sakatrt�s ire §➢reattiat a - Y YC��Z'1YCCY Cl G #t�P�}i''+,�}'E"L'ts-�Ii�iE�ilit9ftftk�-�£tCt`s-�-Et °�ti�f3f3d'Y3- .PP , . 4arc i,c�..��a['u oasis Laic, vTi�I£t�E;-t�E`C-E•�it}�T�-, a c� 9 Packet Pg. 187 9.A.d A. �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• tkltiv"4,,...a at. •z 'r',,, r�l�r,4�. ,J r.4°. ,.tr- ,. 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 •e-sit' `t:;-�� 'frz-aFy(�� 4 E• „+ :s8z �=:-pry-•�:�� iE sca crin t-: �r rs�le 1 t4i' E? ,vri'v�' L "'�y-a %€v-c;Tn;a}�e � `' r�i • .r'�p ns,aav-�r�az"<-a-x's ant r;'n"Bra-��=:r;Y-1.w�^ a �.,, tr-xm",rf°< .,r«, ,°t ���,�.F`, Wt,,,°„t„� .,�;, ,.77 a nhi3-.c�en ,,,� n., xt•„ � � .:"..,°*;�,. o„�.. .,,t �t�- s��::��s€�+�•' � ; rE r e .,-�% apt ;-fc���,�ti�-�-` ,i�t art �4=�t +,..a �r..'g �?<. sae„y +F.�,--„�rua�® '.c' ea�ae ,.e' ++.,.. �,+ ,>+• +l� , 'E'$t�, i$ tf,'� f,' .. �`.S)-%E.i U.$-AY14-4 9tiYuZ•tYCSG- �'?'[aCP'CA' r sas^rrrvni-=rnar �r.Y „i "E' ���r-T}'� ..f`Y,� a Uw. i. �, i� a. ..➢r C`, ...r,. �*v`�-`�h.,77 fi, �ni� t7.a,a R�v� "r��"-f—cnzv—� r &-6t2= E?. 7=tF73Eif-.`.—t.H3E ct�}t v vn'—F1 i7ricf 17 a c� 0 d N d w Y d O U 0 7 m 9 Packet Pg. 198 9.A.d siEDU-$H-$1:�vs-axrl-sri-��, vim... n #n`icrar-a?E, {aa�c� m6y �. �- ,. '1�.zr�oY-:ate 4��-E�`✓��T�, wr.,,u^,o-�.d'rf�-oc �-ED-EI� "iE��-- Ek&=�i-}�-- , a L, :i-�-!-ci [s19 t�-,r 7 *'; p-ca-�"1tEw•G@Y)k'�t-tr -"&t�� 6P�i�D� �ittacxL7 c—cic�r-a�rr�. �v�ej--1£i'— Viil TE4ie ru n, ,.r• , ,.-<ar, r;x' <r�;r�it�����—=F13� §4���1� �tlla�� ' e �_��r> ,.r,,.ra ,a„ °z}�4�ee�st' ..: - �et�-�E�=t ,• ' � 1�ie �t�r' ,. .A{l� b g r--rx,- �iz`l'. � c`ktr"r-isli :nzri=s`cizci is , , • °- ' ,• rtTa ti' r"ec�-l�eterr�i�Tc�s—tktr�-E�' 'a<a� s ° Bva 1`. � Erf= `ETrt _, cx"-nf;°ec7i�rii c-axG'.�z'cib,�te�"Ta.c£iziia£i-9i''i-� i13 ,' &fit li£-i.- Fattl-ETl 18 a c� 9 Packet Pg. 199 9.A.d P-art�in- � x= ,- •. r EI • . . • rfit �,irrrt pora� v. 444--, p, -4a na -d- tp p,—al, teach stub • r �t a�tE a t�i .=�-Ul`-the-tyg�e ;speeer� �tb�aG-F,rEid� 'csrtor=nary 9I# —ram=L rnc'u 809E1 tb}- taarrr • • ls�a-lit f-ii , n��-.r',� a t��e-l-'°mar c ' �E , c, rr ter rtilie ,.r .. . —'��•m,�r• rxr ,�d-�' ,Emr �°.,� °tt-po4't<-tlt�n�xxrnpn fhb<�Gaxr�> iHaca raac, v t b �—'st-it42E -. � la—(-z#tti;i`u�an irac—r—`rr ` •`�$ - 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 a C) O d N O Y d U O <8 m ti 0 N Cx Q 0 7- 0 c Formatted: Font: Bold O .L 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 t 1 + 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 '. her�la�YgcletlnmFj'—e�yrnrate, `ina�'—hHld-r"� '^;r,—'tlr��vNr',RII?�Yl :1:x-6£�iinknnt44 a , ialfke' .', 20 a c� 0 d N d w Y CO 'f 0 N w Packet Pg. 201 9.A.d • � .� � r Ia�e�, , i'n"a���s, a•rr�tge���-ux� - � i* �,*�7radep`:-,=d4e �;c+sts�tr�d-tl�-l�ttrsen�etfts-rrist�r-e', ;�,*ut.aeE,', n.>�afered-agztin��tlt�-lt�delt�cid 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 C9 O d N d M Y d U O <8 W ti 0 N Formatted: Outline numbered + L Q L + 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 t t� co Q 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 > d N d d' Y m O L U O <8 m ti 0 N 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 d a' C O E t t� co Q Packet Pg. 203 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 d d c d c E t t� co Q Packet Pg. 204 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 9 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 Packet Pg. 208 9.A.d l: t. a8 ztze sr " ept naiy*l :z a a s - =iarta'ri-�c�`" �iN3f6-t#` tE} �-ft-ke• <���.-s�,�-gnv�c,�.,-ar`rt ,,c � aEt 4. E CFpE; 4 ' 1 t}' rt tftu-thw ®tirttnx�iy [➢lams-stthn�itted-by-i�A�i�r� ,tea„ .�-�-,, fu?-ly-t��.F„y=��°:*�:-*lri�;-Ag.�aT€rrt-} t s,trtie;9—r".' tr r'aa: '" to°' gp< sty-eos�tr, ;�r��rr,rr-n'-rfr;r r"rg^ cu�viiaircraociFJri-E3= � i'. r-r2fsr �1 , �iE}iF , an� - 1.•.... e 9r...4 t -- '}rl3ttt Lila maa�-i.."raace-crauc-a- 4 `.=�f-I� 14 - nr"�" •. ate• , ;a-rrir-Ii;r i-' A E}r8-t 4 ,sH,ic-cxrrfs-a """c"'ra2rar=vr � c (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 _ 3 O L 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 C9 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 .N L General Counsel Formatted: Indent: Left: 1" d — > 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 a c� 9 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 I Left L d Formatted: Left N Attest: By: DATE: Formatted: Underline (Y — Formatted: Left, Tab stops: 3", Lef Its: Clerk 3.38", Left + 5.75", Left (� Formatted: Left O <8 3 m LAKE COUNTY FOREST PRESERVE DISTRICT ti o — Formatted: Left, Tab stops: I 3", Lef N BY: DATE: L3.38", Left + 5.75", Left Formatted: Underline Q — ., .-. *.,.<, ra; «,-President�. 1ts:Y , � Formatted: Underline Formatted: Left O � Formatted�LeaLb stops: O 3", LefAttest: By: DATE: 3.38", Left eft d Formatted: Underline Its: 0ffkSecret Formatted: Left C d rY C O E t t� c0 Q 33 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 Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted .-. Formatted U' Formatted L O Formatted d Formatted N d Formatted Y f Formatted Formatted V Formatted O Formatted m Formatted Formatted Formatted N Formatted Formatted Formatted 7- j Formatted 0 Formatted C 0 Formatted L d Formatted Formatted d C Formatted d Formatted Formatted Formatted Formatted cVp Formatted Q Formatted Formatted Formatted Formatted Formatted Formatted Packet Pg. 215 9.A.d 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 _11 Formatted: Left, Tab stops: Not at Formatted: Left, Tab stops: Not at 1 + 3.44" L_ .O L N d w Y d L U O 00 c? ti 0 N w Packet Pg. 216 9.A.d a c� 9 Packet Pg. 217 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) N Exhibit J Construction Contract w Left, Indent: Left: 0", F ie Exhibit K Insurance Requirements [Formatted: 011 Exhibit GL- I General Depiction of Maintenance Site 0 a 0 Exhibit L-2 Shoreline Maintenance Delineation in > Exhibit M Tax Exemption Certificate and Agreement M O E co I Packet Pg. 218 1 9.A.d a c� 9 Packet Pg. 219 9.A.d CON a c� 9 Packet Pg. 220 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 I Packet Pg. 221 1 9.A.d a c� 9 Packet Pg. 222 9.A.d a c� 9 Packet Pg. 223 9.A.d w. NGrton A. E a c� 0 L N d w Y d O L U O 00 9 Packet Pg. 224 9.A.d r !'r- efeFegGe^ - n tf the Fa: 4 �v e-vauu d [SigPatuw&4G-F4" a c) 0 d N d w Y d U O 00 9 Packet Pg. 225 9.A.d a c� 9 Packet Pg. 226 9.A.d .' c'x� �, � ' aitc-ci3a-accei`v"�r3`-F� - - zca'ecs—f-ins—cn-c"vdx rare eaars �+r��ti+H�— ,. � �kt€• �����°e`,b�d�i���<��—�c�-1rg��e—�€,—z"���i. ck 4 yn� no. $haws i®a s-ccax�.--c.;vzeeo-1: iitrl ki Ems$ a t 1 t�f ti k r lts rPF-fe t iiz f '�Eidt`.a i z —See- The 'ifies -SC6'cdTS"Ca �CCrA %CG�$�'S1 P,I'i'L. 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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 N d V cn m J IT T C) N r� C G1 d L Q L N d L 0 O y 0 C 0 E s V c� Q Packet Pg. 242 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 2 Packet Pg. 249 asnoygnlo asinoo lion anoaE) ole}ln8 5-L6OZ-M) uoi;enouab OJJB aol uoia 0 0 u N o U a U � 3 e3 o ff3 0 ff3 0 0 6? 0 fH 0 fA 0 0 0 0 � y } } y Z o w m Q) o m r m 0 z m 0 z 0 co a m 0 ir, a co Ef3 0 o co co ER m 0 z o ir; co Iri Y3 m v 0 r V R U Q 21 � E o mod U 3 0 o o O O 0 a O O N 0 a o W m 0 z 0 o 0 r M m 0 z 0 0 0 N l(J 0 0 0 O r m 0 z 0 0 0 O O 0 0 0 M t0 o o r Z 3 } } } Z i 0 o 4) 0 co r 0 0 In 0 0 O 0 0 N m O 0 o fA m O m O m O 0 co T _ . U Z Z Z Z m CR�J J u LLl E o d m m m o U � a o N7 o o 0 0 m O Z 0 0 0 0 0 0 0 0 0 0 0 0 0 MT U � Y o oo } } } Z o ¢ 0 r ca ea 0 a o v3 a o 0 o 0 � 0 0 o va 0 0 v in 0 o Sri 0 a cri � 0 o o 0 r w m E � z U ro - Q Q o Z U } } } N QO _ M o E O O w m 0 C Q O CO d � 10 o co o O U � O m m t6 m C U N cn a V > (D LL r 4 F m m in in U m O ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ F njosam quawtpeliv 0 u� N tm a r a� Y V 10 a 9.C.a 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 �.i[aw� find a orm �i � l i � U�4 , ,/v B ., C,)R 1,Facebook 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