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2019-02-19 - 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 - Rescheduled Regular Meeting - Jan 22, 2019 7:30 PM B. Village Board - Committee of the Whole - Feb 4, 2019 7:30 PM 3. Approval of Warrant A. Approval of Warrant #1298 (Trustee Stein) (Staff Contact: Scott Anderson) 4. Village President's Report A. Recognizing Stan Zoller for Receiving JEA Lifetime Achievement Award (President Sussman) (Staff Contact: Dane Bragg) 5. Village Manager's Report A. New Firefighter/Paramedic Badge Presentation (Trustee Ottenheimer) (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. Proclamation for 2019 National Engineers Week (Trustee Smith) (Staff Contact: Darren Monico) SUMMARY: A Proclamation recognizing National Engineers Week, February 17-23, 2019. B. Approval of an Amendment to the Investment Policy to Include Corporate Debt (Trustee Stein) (Staff Contact: Andrew Brown) The Finance Department recommends amending certain sections of the investment policy to not only allow for corporate debt to be included as an investment vehicle for the Village but also what parameters, grade and portion of the portfolio. The request would require that the corporate debt instrument would be graded at Al or AA- or higher and that the combined total of corporate debt and commercial paper in the portfolio at anytime not exceed 33%. C. Award of Bid Cold Patch (Trustee Johnson) (Staff Contact: Michael Reynolds) SUMMARY: Staff is recommending an award of bid to the Arrow Road Construction in an amount not to exceed $17,280.00 for FY 2019 with a possible 1 year extension. D. R-2019-7 Resolution Supporting the Des Plaines River Watershed Based Plan (Trustee Johnson) (Staff Contact: Darren Monico) SUMMARY: Staff recommends the approval of the resolution adopting the Des Plaines River Watershed -Based Plan as a guide for Village planning. E. R-2019-8 Resolution Reallocating the 2019 Volume Cap to the Village of Buffalo Grove (Trustee Weidenfeld) (Staff Contact: Chris Stilling) SUMMARY: The Village is the host of the Private Activity Bond Clearinghouse for Lake County. This is the annual Resolution that transfers the Village's Volume Cap to the Clearinghouse. F. 0-2019-4 Ordinance Amending Chapter 5.20 - Liquor Controls for JPJK, Inc. D/B/A Wooil Restaurant (President Sussman) (Staff Contact: Julie Dziewior) SUMMARY: The Class B license for JPJK, Inc. d/b/a Wooil Restaurant at 185 N. Milwaukee Avenue is hereby rescinded. The business has been sold and the property is going to be redeveloped. G. 0-2019-5 Ordinance Approving a Special Use to Allow a Fitness Facility at 1350 Abbott Court (Trustee Stein) (Staff Contact: Chris Stilling) SUMMARY: The petitioners are proposing to operate a fitness and training facility at 1350 Abbott Court. Pursuant to the Zoning Ordinance, fitness facilities are a special use in the Industrial District. The Planning & Zoning Commission unanimously recommended approval, subject to conditions. 9. Ordinances and Resolutions A. 0-2019-6 Ordinance Authorizing the Village Manager to Execute a Contract Extension with Waste Management (Trustee Weidenfeld) (Staff Contact: Chris Stilling) 10. Unfinished Business 11. New Business A. Waiver of Bids and Authorization to Purchase Liquid De -Icing "Beet Heet" (Trustee Johnson) (Staff Contact: Michael Reynolds) B. Authorization to Waive Bids and Purchase Radio Equipment (Trustee Ottenheimer) (Staff Contact: Mike Baker) C. 2019 GHA Construction Management (Trustee Smith) (Staff Contact: Kyle Johnson) D. Appeal the Planning & Zoning Commission Decision for the Variation at 156 Ironwood Ct (Trustee Ottenheimer) (Staff Contact: Chris Stilling) 12. Questions From the Audience Questions from the audience are limited to items that are not on the regular agenda. In accordance with Section 2.02.070 of the Municipal Code, discussion on questions from the audience will be limited to 10 minutes and should be limited to concerns or comments regarding issues that are relevant to Village business. All members of the public addressing the Village Board shall maintain proper decorum and refrain from making disrespectful remarks or comments relating to individuals. Speakers shall use every attempt to not be repetitive of points that have been made by others. The Village Board may refer any matter of public comment to the Village Manager, Village staff or an appropriate agency for review. 13. Executive Session A. Executive Session - Section 2(C)(11) of the Illinois Open Meetings Act: 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. (President Sussman) (Staff Contact: Dane Bragg) 14. Adjournment The Village Board will make every effort to accommodate all items on the agenda by 10:30 p.m. The Board, does, however, reserve the right to defer consideration of matters to another meeting should the discussion run past 10:30 p.m. The Village of Buffalo Grove, in compliance with the Americans with Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities, contact the ADA Coordinator at 459-2525 to allow the Village to make reasonable accommodations for those persons. 2.A MINUTES OF THE RESCHEDULED REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD IN THE JEFFREY S. BRAIMAN COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON MONDAY, JANUARY 22, 2019 CALL TO ORDER President Sussman called the meeting to order at 7:30 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Sussman; Trustees Berman, Stein, Ottenheimer, Weidenfeld, Johnson and Smith. c Also present were: Dane Bragg, Village Manager; Patrick Brankin, Village Attorney; Jennifer Maltas, Deputy Village Manager; Scott Anderson, Finance Director; Andrew Brown, Deputy Finance Director; Art G Malinowski, Director of Human Resources; Katie Golbach, Human Resources Management Analyst; Brett > Robinson, Director of Purchasing; Christopher Stilling, Director of Community Development; Mike o Reynolds, Director of Public Works; Darren Monico, Village Engineer; Deputy Clerk Julie Dziewior; Fire a Chief Baker; and Police Chief Casstevens. Q APPROVAL OF MINUTES Moved by Bennan, seconded by Johnson, to approve the minutes of the December 3, 2018 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 5 — Berman, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None ABSTAIN: 1 — Stein Motion declared carried. Moved by Ottenheimer, seconded by Stein, to approve the minutes of the January 7, 2019 Committee of the Whole Meeting. AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None Motion declared carried. WARRANT #1297 Mr. Anderson read Warrant #1297. Moved by Bennan, seconded by Ottenheimer, to approve Warrant #1297 in the amount of $7,747,463.94 authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None Motion declared carried. VILLAGE PRESIDENT'S REPORT Retired State Representative Carol Sente presented a Resolution from the State of Illinois recognizing Trustee Jeffrey Berman's career serving the residents of Buffalo Grove, and she thanked Trustee Berman for his tireless commitment to the community. Packet Pg. 4 2.A Trustee Berman stated that he is very grateful and deeply touched by this honor, as he was congratulated by the audience and the Board. Trustee Johnson noted that Trustee Berman's wife, Jane, is in the audience and thanked her for her commitment and support of Trustee Berman's many years of dedication to the Village of Buffalo Grove. VILLAGE MANAGER'S REPORT There is no Village Manager's report tonight. REPORTS FROM TRUSTEES There are no Trustee reports tonight NN d CONSENT AGENDA c 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 0 of the items on the Consent Agenda. > 0 i Ordinance No. 2019-1 -964 Cooper Court a Q Motion to pass Ordinance No. 2019-1, granting a variation for a driveway at 964 Cooper Court. 2 Ordinance No. 2019-2 — Liquor Controls Motion to pass Ordinance No. 2019-2, amending Chapter 5.20 Liquor Controls: Golden Durebak Restaurant. A Class B liquor license is reserved for Golden Durebak Restaurant, Inc. at 718 Buffalo Grove Road. This reservation is subject to the applicant completing Village requirements for said license on or before April 16, 2019. Ordinance No. 2019-3 — Liquor Controls Motion to pass Ordinance No. 2019-3, amending Chapter 5.20 Liquor Controls: FREP PH Management. A Class A liquor license is reserved for FREP PH Management, LLC at 2710 Main Street. This reservation is subject to the applicant completing Village requirements for said license on or before April 16, 2019. The Class A liquor license for Prairie House Tavern, LLC at 2710 Main Street is hereby rescinded effective April 16, 2019 or upon the issuance of the Class A liquor license to FREP PH Management, LLC at 2710 Main Street, whichever occurs first. Motion to approve authorization to bid parkway maintenance/repairs/restoration. Parkways Grant Agreement Motion to approve Grant Agreement Secretary of State. The Village was awarded a $350,000.00 infrastructure grant from the Illinois Secretary of State, and the Village Board is required to approve the agreement in order to receive the funds. Moved by Johnson, seconded by Smith, to approve the Consent Agenda. Upon roll call, Trustees voted as follows on the Consent Agenda: AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None Motion declared carried. Packet Pg. 5 2.A State Senator Morrison, Mr. Reynolds and the Public Works Department were thanked for all of their efforts in procuring this grant for the Village of Buffalo Grove. RESOLUTION NO. 2019-1— MOTOR FUEL TAX Moved by Johnson, seconded by Berman, to pass Resolution No. 2019-1, Calendar Year 2019 Village - Wide Street Maintenance Motor Fuel Tax, in accordance with materials contained in Board packets. Mr. Monico reviewed the proposed resolution, details of which are contained in his memo to Ms. Maltas of January 7, 2019. Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None (n d Motion declared carried 0 RESOLUTION NO. 2019-2 — MOTOR FUEL TAX > 0 i Moved by Smith, seconded by Berman, to pass Resolution No. 2019-2, Calendar Year 2019 Weiland a Contract 1 Motor Fuel Tax Resolution, in accordance with materials contained in Board packets. Q Mr. Monico reviewed the proposed resolution, details of which are contained in his memo to Ms. Maltas of January 7, 2019. Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None Motion declared carried RESOLUTION NO. 2019-3 — MOTOR FUEL TAX Moved by Smith, seconded by Ottenheimer, to pass Resolution No. 2019-3, Calendar Year 2019 Weiland Contract 2 Motor Fuel Tax Resolution, in accordance with materials contained in Board packets. Mr. Monico reviewed the proposed resolution, details of which are contained in his memo to Ms. Maltas of January 7, 2019. Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None Motion declared carried RESOLUTION NO. 2019-4 — THOMPSON LOCAL PUBLIC AGENCY AGREEMENT Moved by Smith, seconded by Weidenfeld, to pass Resolution No. 2019-4, approving Thompson Local Public Agency Agreement and Design Engineering Services, in accordance with materials contained in Board packets. Mr. Monico reviewed the proposed resolution, details of which are contained in his memo to Ms. Maltas of January 17, 2019. Upon roll call, Trustees voted as follows: Packet Pg. 6 2.A AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None Motion declared carried RESOLUTION NO. 2019-5 — LOCAL PUBLIC AGENCY AGREEMENT Moved by Smith, seconded by Berman, to pass Resolution No. 2019-5, approving a Local Public Agency Agreement for Federal Participation related to Thompson Boulevard Phase 11 Design, in accordance with materials contained in Board packets. Mr. Monico reviewed the proposed resolution, details of which are contained in his memo to Mr. Bragg of January 17, 2019. N d Upon roll call, Trustees voted as follows: c AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None _0 Motion declared carried > 0 i RESOLUTION NO. 2019-6 — LINK CROSSING a Q Moved by Ottenheimer, seconded by Berman, to pass Resolution No. 2019-6, approving the Final Plat of Subdivision for Link Crossing. a Mr. Stilling reviewed the proposed resolution, details of which are contained in his memo to the Board of January 15, 2019. Jon Isherwood, K. Hovanian Homes, brought the Board up to date on the status of the project, after which he and Mr. Stilling answered questions from the Board, primarily relating to construction traffic. Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None Motion declared carried. LINK CROSSING Moved by Smith, seconded by Berman, to approve the Link Crossing Development Improvement Agreement. Mr. Monico reviewed the proposed Development Improvement Agreement, details of which are contained in his memo to Ms. Maltas of January 15, 2019. Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None Motion declared carried. SOUND & LIGHTING — BUFFALO GROVE DAYS Moved by Johnson, seconded by Smith, to authorize the Village Manager to negotiate and execute an agreement with Sound Works Productions for sound and lighting services at Buffalo Grove Days at a price not to exceed $35,385.00, pending review and approval of the agreement by the Village Attorney. Packet Pg. 7 2.A Mr. Robinson reviewed the proposal, details of which are contained in the memo that he and Mr. Reynolds sent to Mr. Bragg on January 17, 2019. Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None Motion declared carried. NORTHWEST COMMUNITY HEALTHCARE SITE Mr. Stilling reviewed the proposal for the Northwest Community Healthcare site at 15 S. McHenry Road and 125 E. Lake Cook Road, details of which are contained in his memo to the Board of January 17, 2019. Matt Campbell, representing Northwest Community Healthcare, provided further details on how the site will be reconstructed and the services that will be provided. 0 Moved by Ottenheimer, seconded by Berman, to refer the Northwest Community Healthcare Site at 15 S. > McHenry Road and 125 E. Lake Cook Road to the Planning & Zoning Commission for review. o 0. a Board members suggested that the Planning & Zoning Commission pay particular attention to tree removal, Q architecture and parking. Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None Motion declared carried. COLLECTIVE BARGAINING AGREEMENT Moved by Smith, seconded by Johnson, to authorize the Village Manager to enter into a Collective Bargaining Agreement with the Metropolitan Alliance of Police, Police Patrol Officer Chapter #672. Mr. Malinowski reviewed the proposed agreement, details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Robinson, as well as the actual agreement included in Board packets. It was noted that the proposed agreement is a credit to both teams that this process has gone as smoothly and quickly as possible. Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None Motion declared carried. QUESTIONS FROM THE AUDIENCE President Sussman reviewed the parameters to be followed by speakers and asked if there were any questions from the audience on items not on tonight's agenda; there were no such questions EXECUTIVE MEETING Packet Pg. 8 2.A Moved by Berman, seconded by Ottenheimer, to move to Executive Session pursuant to Section 2(C)(11) of the Illinois Open Meetings Act: 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, and Section 2(C)(21) of the Illinois Open Meetings Act: discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the Public Body or Semi -Annual Review of the minutes as mandated by Section 2.06 of the Open Meetings Act. Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None Motion declared carried. The Board Moved to Executive Session from 8:30 P.M. to 9:16 P.M. ADJOURNMENT Moved by Johnson, seconded by Smith, to adjourn the meeting. Upon voice vote, the motion was 0 unanimously declared carried. The meeting was adjourned at 9:18 P.M. > 0 i Q Q Q Janet M. Siiabian, Village Clerk APPROVED BY ME THIS 19th DAY OF February 2019 Village President Packet Pg. 9 2.B MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD IN THE JEFFREY S. BRAIMAN COUNCIL CHAMBERS, VILLAGE HALL, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON MONDAY, FEBRUARY 4, 2019 CALL TO ORDER President Sussman called the meeting to order at 7:35 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Sussman; Trustees Berman, Stein, Weidenfeld, Johnson and y Smith. Trustee Ottenheimer was absent. d 3 c Also present were: Dane Bragg, Village Manager; Patrick Brankin, Village Attorney; Jenny Maltas, Deputy Village Manager; Scott Anderson, Finance Director; Andrew Brown, Deputy Finance Director; Art Malinowski, o Director of Human Resources; Brett Robinson, Director of Purchasing; Evan M Michel, Management Analyst; Chris Stilling, Director of Community Development; Nicole Woods, Village Planner; Mike Reynolds, Director o of Public Works; Geoff Tollefson, Director of Golf Operations; Police Chief Casstevens; Fire Chief Baker. Q- a Q NORTHWEST SUBURBAN HOUSING COLLABORATIVE s Nicole Woods provided the Village Board with an update on the Village's participation in the Northwest Suburban Housing Collaborative (NWSHC), details of which are contained in her memo to the Board of January 30, 2019. Robyn Sandys, Executive Director of the Northwest Housing Partnership, and Paula Bush, Associate Director of the Northwest Housing Partnership, also provided a presentation on the various programs offered. INVESTMENT POLICY Mr. Brown reviewed the staff recommendation amending the Investment Policy to allow corporate debt as an investment vehicle for the Village as well as set the parameters, grades and portion of the portfolio. The addition of corporate debt allows the Village an opportunity to earn higher rates of return on its working cash balances. Further details are contained in the amended Investment Policy. RECYCLING SERVICES Mr. Stilling noted that staff is seeking the Board's comments as it relates to the proposed 5-year extension to our Solid Waste and Recycling Services contract with Waste Management, details of which are contained in his memo to the Board of January 31, 2019. Mike Brink of Waste Management also commented and answered questions from the Board. COMPREHENSIVE PLAN PROJECT & COMMUNITY ENGAGEMENT Mr. Bragg noted that staff recommends proceeding with the Comprehensive Plan project on the original schedule while continuing to develop the Community Engagement program. Under the recommended scenario, community engagement activities associated with the comprehensive plan would be included in the request for proposals as an alternate option within specific parameters as outlined in his January 31, 2019 memo to the Board. 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. 10 2.B EXECUTIVE SESSION Moved by Smith, seconded by Johnson, to move to Executive Session pursuant to Section 2(C)(1) of the Illinois Open Meetings Act: the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the Public Body or Legal Counsel for the Public Body, including hearing testimony on a complaint lodged against an employee of the Public Body or against Legal Counsel for the Public Body to determine its validity.. Upon roll call, Trustees voted as follows: AYES: 5 — Berman, Stein, Weidenfeld, Johnson, Smith NAYS: 0 — None ABSENT: 1 — Ottenheimer Motion declared carried. The Board moved to Executive Session from 8:53 P.M. to 9:30 P.M. y d 3 ADJOURNMENT Moved by Johnson, seconded by Stein, to adjourn the meeting. Upon voice vote, the motion was unanimously o declared carried. The meeting was adjourned at 9:32 P.M. 0 L Q. O. Janet M. Siiabian, Village Clerk APPROVED BY ME THIS 19th DAY OF February 2019 Village President Q Packet Pg. 11 3.A Action Item : Approval of Warrant #1298 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ll Staff recommends approval. TOTAL WARRANT #1298 $4,172,635.47. ATTACHMENTS: • Warrant #1298 SUMMARY (PDF) Trustee Liaison Stein Tuesday, February 19, 2019 Staff Contact Scott Anderson, Finance Updated: 2/14/2019 3:22 PM Page 1 Packet Pg. 12 3.A.a VILLAGE OF BUFFALO GROVE WARRANT #1298 19-Feb-18 General Fund: 1,430,131.23 Parking Lot Fund: 8,390.92 Motor Fuel Tax Fund: 0.00 Debt Service Fund: 0.00 School & Park Donations 0.00 Capital Projects -Facilities: 85,375.21 Capital Projects -Streets: 57,856.92 co rn Health Insurance Fund: 0.00 N Facilities Development Debt Service Fund: 0.00 t L L Retiree Health Savings (RHS): 0.00 0 Water Fund: 40,713.93 > 0 L Buffalo Grove Golf Fund: 1,366.27 Q Q' Q Arboretum Golf Fund: 3,225.91 Q Refuse Service Fund: 60,018.73 co Information Technology Internal Service Fund: 120,168.20 c00, N Central Garage Internal Service Fund: 67,654.65 ca L Building Maintenance Internal Service Fund: 286,789.25 L 2,161, 691.22 _ m E PAYROLL PERIOD ENDING 01/24/19 988,230.04 t U PAYROLL PERIOD ENDING 02/07/19 1,022,714.21 Q 2,010,944.25 TOTAL WARRANT #1298 4,172,635.47 APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Village Clerk Village President Packet Pg. 13 4.A Information Item : Recognizing Stan Zoller for Receiving JEA Lifetime Achievement Award ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp N/A President Sussman will recognize Buffalo Grove resident and educator, Stan Zoller for receiving the Journalism Education Association Lifetime Achievement Award. Trustee Liaison Sussman Tuesday, February 19, 2019 Staff Contact Dane Bragg, Office of the Village Manager Updated: 2/13/2019 4:01 PM Page 1 Packet Pg. 14 5.A Information Item : New Firefighter/Paramedic Badge Presentation ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ll Staff recommends presentation. Davis Zabilka will be presented with his Firefighter/Paramedic badge from the Buffalo Grove Fire Department. Trustee Liaison Ottenheimer Tuesday, February 19, 2019 Staff Contact Mike Baker, Fire Updated: 2/12/2019 9:07 AM Page 1 Packet Pg. 15 8.A Information Item : Proclamation for 2019 National Engineers Week ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ll Staff recommends approval. SUMMARY: A Proclamation recognizing National Engineers Week, February 17-23, 2019. ATTACHMENTS: • engineering week proclamation 2019 (DOCX) Trustee Liaison Smith Tuesday, February 19, 2019 Staff Contact Darren Monico, Public Works Updated: 2/12/2019 9:10 AM Page 1 Packet Pg. 16 8.A.a V1UA T 4" U1, I[ E"%L0 l. i al PROCLAMATION 2019 National Engineers Week WHEREAS, Engineers use their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs; and, WHEREAS, Engineers face the major technological challenges of our time — from rebuilding 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, WHEREAS, Engineers are encouraging our young math and science students to realize the practical power of their knowledge; and, WHEREAS, We will look more than ever to engineers and their knowledge and skills to meet the challenges of the twenty-first century: THEREFORE,1, Beverly Sussman, President of the Village of Buffalo Grove, do hereby proclaim February 17 through February 23, 2019, as NATIONAL ENGINEERS WEEK in the Village of Buffalo Grove. Proclaimed this 19"' day of February 2019. Beverly Sussman Village President Packet Pg. 17 8.B Action Item : Approval of an Amendment to the Investment Policy to Include Corporate Debt ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,ll Staff recommends approval. The Finance Department recommends amending certain sections of the investment policy to not only allow for corporate debt to be included as an investment vehicle for the Village but also what parameters, grade and portion of the portfolio. The request would require that the corporate debt instrument would be graded at Al or AA- or higher and that the combined total of corporate debt and commercial paper in the portfolio at anytime not exceed 33%. ATTACHMENTS: • Investment Policy Update 1.30.19 (DOCX) • Investment POlicy Amendment 1.30.19 (DOCX) Trustee Liaison Staff Contact Stein Andrew Brown, Finance Tuesday, February 19, 2019 Updated: 2/14/2019 4:11 PM Page 1 Packet Pg. 18 8.B.a Investment Policy I. Policy: The Village of Buffalo Grove, as a public agency, has an inherent fiduciary responsibility to properly account for and manage public funds. Public funds are to be considered current operating funds, special funds, debt service and other funds of any kind or character belonging to or in the custody of any public agency (Chapter 30, paragraph 235/1 through 235/7, Public Funds Investment Act, Illinois Complied Statutes II. Scope: p d This investment policy applies to all financial assets of the Village of Buffalo Grove except for the Police and Firefighter's 0. Pension Funds which are subject to those individual fund boards. 0 d 1. Pooling of Funds c Except for cash in certain restricted and special funds, the Village of Buffalo Grove will consolidate and reserve 0 ', balances from all funds to maximize investment earnings and to increase efficiencies with regard to investment -2 pricing, safekeeping and administration. Investment income will be allocated to the various funds based on their 0 a respective participation and in accordance with generally accepted accounting principles. III. General Objectives: E N G1 c c The primary objectives, in priority order, of investment activities shall be safety, liquidity, and yield: °1 E Q 1. Safety 0 M Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk a and interest rate risk (a). Credit Risk 0 a c a� The Village of Buffalo Grove will minimize credit risk, which is the risk of loss due to the failure of the y security issuer or backer, by: c • Limiting investment to the types of securities listed in Section VII of this Investment Policy. }; • Pre -qualifying the financial institutions, broker/dealers, intermediaries, and adviser with which the ro- Village of Buffalo Grove will do business in accordance with Section V. M • Diversifying the investment portfolio so that the impact of potential losses from any one type of security or from any one individual issuer will be minimized. Q (b). Interest Rate Risk The Village of Buffalo Grove will minimize interest rate risk, which is the risk that the marker values of securities in the portfolio will fall due to changes in market interest rates, by: • Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to Packet Pg. 19 8.B.a maturity • Investing operating funds primarily in shorter -term securities, money market mutual funds, or similar investment pools and limiting the average maturity of the portfolio in accordance with this policy (see section VIII). 2. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). Alternatively, a portion of the portfolio may be placed in money market mutual funds or local government investment pools which offer same day liquidity for short-term funds. 3. Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. The core of investments is limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall generally be held until maturity with the following exceptions: • A security with declining credit may be sold early to minimize loss of principal. • A security swap would improve the quality, yield, or target duration in the portfolio. • Liquidity needs of the portfolio require that the security be sold. IV. Standards of Care: 1. Prudence The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing the overall portfolio. Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy. 2. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the Village of Buffalo Grove. 3. Delegation of Authority d 0 d ca 0 0. 0 t� d 3 c 0 0 a c m E N a� c c a� E Q rn 0 M a a 0 a c a� E N d C c m E ca Q Authority to mange the Village of Buffalo Grove's investment program is derived from the following: Packet Pg. 20 8.B.a The establishment of investment policies is the responsibility of the Village Board. Management and administrative responsibility for the investment program is hereby delegated to the Finance Director who, under the direction of the Village Manager, shall establish written procedures for the operation of the investment program consistent with this investment policy. Procedures should include references to: safekeeping, delivery vs. payment, investment accounting, repurchase agreements, wire transfer agreements, collateral/depository agreements and banking service contracts. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Finance Director. The Finance Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The Finance Director may from time to time amend the written procedures in a manner not inconsistent with this policy or state statutes. The responsibility for investment activities of the Police and Firefighter Pension Funds rest with the trustees of the respective fund boards. V. Authorized Financial Institutions, Depositories and Broker/Dealers: The Finance Director will maintain a list of financial institutions authorized to provide investment services. In addition, a list will be maintained of approved security broker/dealers selected by credit worthiness. These may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 150-1 (uniform net capital rule). No public deposit shall be made except at a qualified public depository as established by state statutes. All financial institutions and broker/dealers who desire to become qualified become qualified bidders for investment transactions must supply the Finance Director with the following: • Audited financial statements demonstrating compliance with state and federal capacity adequacy guidelines • Proof of National Association of Security Dealers (NASD) certification (not applicable to Certificate of Deposit counterparties) • Proof of state registration • Completed broker/dealer questionnaire • Certification of having read the Village's Investment Policy VI. Safekeeping and Custody: All trades of marketable securities will be executed by delivery vs. payment (DVP) to ensure that securities are deposited in an eligible financial institution prior to the release of funds. Securities will be held by an independent third -party custodian selected by the Village as evidenced by safekeeping receipts in the Village's name. The safekeeping institution shall annually provide a copy of their most recent report on internal controls (Statement of Auditing Standard No. 70, or SAS 70). 1. Internal Controls The Finance Director is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the Village of Buffalo Grove are protected from loss, theft or misuse. Details of the internal controls system shall be documented in an investment procedures manual and shall be reviewed and updated annually. The d 0 d L 0 a L 0 V d 3 c 0 0 a c m E N G1 c c a� E Q rn 0 M d �a a 0 a c a� E N d c c m E t 0 �a Q Packet Pg. 21 8.B.a internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits requires estimates and judgments by management. The internal controls structure shall address the following points: • Control of collusion • Separation of transaction authority from accounting and recordkeeping • Custodial safekeeping • Avoidance of physical delivery securities 0 • Clear delegation of authority to subordinate staff members; • Written confirmation of transactions for investments and wire transfers 0 • Dual authorizations of wire transfers CL — 0 • Development of a wire transfer agreement with the lead bank and third -party custodian t� d 3 Accordingly, the Finance Director shall establish a process for annual independent review by an external auditor to c assure compliance with policies and procedures. 0 VII. Suitable and Authorized Investments: o a c The Village may invest in any type of the security allowed for in Illinois Compile Statutes (30 ILCS 235/2) regarding the E investment of public funds. Approved investments include: CD c • Bonds, notes, certificates of indebtedness, treasury bill, or any other securities now or hereafter issued, which a are guaranteed by the full faith and credit of the United States of American as to principal and interest; a� Q • Bonds, notes, debentures or other similar obligations of the United States of America or its agencies; �- • Interest -bearing savings accounts, interest -bearing certificates of deposit or interest -bearing time deposits or any other investments constituting direct obligations of any bank as defined by the Illinois Banking Act; and is cCi insured by the Federal Deposit Insurance Corporation; • Short-term obligations of corporations organized in the United States with assets exceeding $500,000,000 if (i) such obligations are rated at the time of purchase at one of the three highest classifications established by at 4 least two standard rating services and which mature not later than 180 days for the date of purchase, (ii) such purchases do not exceed 10% of the corporation's outstanding obligations and (iii) no more than 25% of the o Village's funds may be investing in short-term obligations of corporations; a • Illinois Public Treasurer's Investment Pool (Illinois Funds), and the Illinois Metropolitan Investment Fund (IMET) a0) • Short-term discount obligations of the Federal National Mortgage Association (FNMA) or I shares of other forms y of securities or other allowable investments legally issued by savings and loan associations incorporated under the laws of this state or any other state or under the laws of the United States. Investments may be made only in those savings and loan associations of which the shares or investment certificates are insured by the Federal m Deposit Insurance Corporation (FDIC). E • Investment options suitable under ILCS including Fixed Rate General Obligation Municipal Bonds and Corporate t Obligations whose credit quality is restrict to " Al or AA-" or better. a 1. Collateralization: It is the policy of the Village of Buffalo Grove and in accordance with the GFOA's Recommended Practices on the Collateralization of Public Deposits (attachment #2), the Village requires that funds on deposit in excess of FDIC limits be secured with some form of collateral, including surety bonds or letters of credit. The Village will accept any of the following assists as collateral: Packet Pg. 22 8.B.a • Government Securities • Obligations of Federal Agencies • Obligations of Federal Instrumentalities • Fixed Rate General Obligation Municipal Bonds rated "AA" or better • Obligations of the State of Illinois (The Village reserves the right to accept/reject any form of the above named securities.) The amount of collateral provided will not be less than 103% of the fair market value of the net amount of public funds secured. The ratio of fair market value of collateral to the amount of funds secured will be reviewed monthly, and additional collateral will be required when the ratio declines below the level required and collateral will be c released if the fair market value exceeds the required level. Pledged collateral will be held in safekeeping by an o independent third party depository designated by the Village of Buffalo Grove and evidenced by a safekeeping v d agreement. Collateral agreements will preclude the release of the pledged assets without an authorized signature from the Village of Buffalo Grove. The Village realizes that there is a cost factor involved with collateralization and the Village will pay any reasonable and customary fees related to collateralization. o U VIII. Investment Parameters: ° a c m 1. Diversification E N G1 In order to reduce the risk of default, the investment portfolio of the Village of Buffalo Grove shall be diversified by: c a� • Limiting investments to avoid over -concentration in securities from a specific issuer or business sector (U.S. Q Treasury and Agency securities),Ci a, 0 - Monies deposited at a financial institution shall not exceed 75% of the capital stock and surplus of that institution. �a - Commercial paper and Corporate Debt, combined, shall not exceed 33% of the Village's investment a portfolio. - Brokered certificates of deposit shall not exceed 25% of the Village's investment portfolio. 2 0 a • Investing in securities with varying maturities, and • Continuously investing a portion of the portfolio in readily available funds such as local government E investment pools (LGIPs), money market funds or overnight repurchase agreements to ensure that appropriate liquidity is maintained in order to meet ongoing obligations. c 2. Maximum Maturities m 1= t �a To the extent possible, the Village of Buffalo Grove will attempt to match its investments with anticipated cash flow a requirements. Unless matched to a specific cash flow, the Village will not directly invest in securities maturing more than three years from the date of purchase. Reserve funds and other funds with longer -term investment horizons may be invested in securities exceeding three year if the maturities of such investments are made to coincide as nearly as practicable with the expected use of funds. Packet Pg. 23 8.B.a Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available funds such as LGIPs, money market funds, or overnight repurchase agreements to ensure that appropriate liquidity is maintained to meet ongoing obligations. IX. Reporting: The Finance Director shall prepare as investment report at least quarterly, including a management summary that provides an analysis of the status of the current investment portfolio. This management summary will be prepared in a manner which will allow the Village to ascertain whether investment activities during the reporting period have conformed to the investment policy. This report should be provided to the Village Manager and Village Board. The o report will include the following: °1 p g� a L 0 Q L • Listing of individual securities held, by fund, at the end of the reporting period. 0 t� • Average weighted yield to maturity of portfolio. d • Listing of investments by maturity date. • Percentage of total portfolio which each type of investment represents. 5 0 1. Performance Standards 2 0 a The investment portfolio will be managed in accordance with the parameters specified within this policy. The portfolio should obtain a market average rate of return during a market/economic environment of stable interest y rates. Portfolio performance should be compared to appropriate benchmarks on a regular basis. The benchmarks > c shall be reflective of the actual securities being purchased and risks undertaken, and the benchmark shall have similar -0 weighted average as the portfolio. Q 2. Market Yield rn 0 M The Village's investment strategy is passive. Given this strategy, the basis used by the Finance Director to determine whether market yield are being achieved shall be the six-month U.S. Treasury Bill. a 3. Marking to Market 0 The market value of the portfolio shall be calculated at least quarterly and a statement of the market value of the a portfolio shall be issued at least quarterly. This will ensure that review of the investment portfolio, in terms of value 55 and price volatility, has been performed consistent with the GFOA recommended Practices on "Mark -to -Market y Practices for State and Local Government Investment Portfolios and Investment Pools" (attachment #3). In defining c market value, considerations should be given to the GASB Statement 31 pronouncement. +; c m X. Investment Policy Adoption: E t The Village of Buffalo Grove's investment policy shall be adopted by resolution of the Village Board of Trustees. This a policy shall be reviewed on an annual basis by the Finance Director and any modifications thereto must be approved by the Village Board of Trustees. XI. Glossary: AGENCIES: Informal name that refers to securities issued by the United States government and U.S. government sponsored instrumentalities. Packet Pg. 24 8.B.a ASKED: The trading price proposed by the prospective seller of securities. Also called the offer or offered price. BANKERS' ACCEPTANCE (BA): A short-term financial instrument that is the unconditional obligation of the accepting bank. BASIS POINT (BP): A unit of measurement for interest rates or yields that are expressed in percentages. (One hundred basis points equal 1 percent.) BID: The trading price acceptable to a prospective buyer of securities. p d L BOND EQUIVALENT YIELD (BEY): An annual yield, expressed as a percentage, describing the return provided to bond 0 a holders. The BEY is a way to compare yields available from discount securities such as Treasury bills and BAs with yields L 0 available from coupon securities. 3 BROKER: A party who brings buyers and sellers together. Brokers do not take ownership of the property being traded. They are compensated by commissions. They are not the same as dealers; however, the same individuals and firms that 0 act as brokers in some transactions may act as dealers in other transactions. 'o a BROKERED AND NEGOTIABLE CERTIFICATES OF DEPOSIT: Short-term (2 to 52 weeks) large denomination ($100,000 c m E minimum). Certificate of Deposit that is issued at a discount on its par value, or at a fixed interest rate payable at maturity and are freely traded in secondary markets. CD c CERTIFICATE OF DEPOSIT (CD): A deposit of funds, in a bank or savings and loan association, for a specific term that £ earns interest at a specified rate or rate formula. CDs may be secured or unsecured, may be in negotiable or a nonnegotiable form and may be issued in either physical or book entry form. 0 M COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. +; Also refers to securities pledged by a bank to secure deposits of public monies. a COMMERCIAL PAPER (CP): Unsecured, short-term promissory notes issued by corporations for specific amounts and 2 with specific maturity dates. 0 a c a� COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report for the Village of Glenview. It includes N five combined statements and basic financial statements for each individual fund and account group prepared in c conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance -related }; legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. c m E COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. a (b) A certificate attached to a bond evidencing interest due on a payment date. bond payment ability being that of the earnings of the corporation generated from future operationL. Packet Pg. 25 8.B.a DEALER: A firm or individual who buys and sells for their own account. Dealers have ownership between a purchase from one party and a sale to another party. Dealers are compensated by the spread between the price they pay and the price they receive. DEBENTURE: A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT (DVP): The simultaneous exchange of securities and cash. The safest method of settling either the purchase or sale of a security. In a DVP settlement, the funds are wired from the buyer's account and the security is delivered from the seller's account in simultaneous independent wires. DISCOUNT: The amount by which the price for a security is less than its par. DISCOUNT SECURITIES: Securities that do not pay periodic interest. Investors earn the difference between the discount issue price and the full face value paid at maturity. Treasury bills, bankers' acceptances and zero coupon bonds are discount securities. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. FEDERAL CREDIT AGENCIES: Agencies of the Federal Government set up to supply credit to various classes of institutions and individuals, e.g., S & L's, small business firms, students, farmers, farm cooperatives, and exporters. FEDERAL DEPOSIT OF INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit. FEDERAL FUNDS RATE: The rate for which overnight federal funds are traded. FEDERAL HOME LOAN BANKS (FHLB): The institutions that regulate and lend to savings and loan associations. The Federal Home Loan Banks play a role analogous to that played by the Federal Reserve Banks vis-a-vis member commercial banks. FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA or FANNIE MAE): FNMA is a federal corporation working under the auspices of the Department of Housing & Urban Development, HUD. It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder -owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans in addition to fixed-rate mortgages. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. FEDERAL OPEN MARKET COMMITTEE (FOMQ Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member while the other Presidents serve on a rotation basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. d 0 d L 0 Q L 0 t� d 3 c 0 2 0 a c m E N G1 c c a� E Q rn 0 M d �a a 2 0 a c a� E N d c c m E t 0 �a Q Packet Pg. 26 8.B.a GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA OR GINNIE MAE): GNMA, like FNMA, was chartered under the Federal National Mortgage Association Act of 1938. Securities guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by FHA, VA or FMHM mortgages. The term pass- throughs is often used to describe Ginnie Maes. LIQUIDITY: A liquid asset is one that can be readily converted to cash through sale in an active secondary market. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): Pools through which governmental entities may invest short term cash. Examples of LGIP's are the Illinois Funds, administered by the Illinois State Treasurer and the Illinois Metropolitan Investment Fund. MARKET VALUE: The price at which a security could presumably be purchased or sold. MARK TO MARKET: The process of restating the carrying value of an asset or liability to equal its current market value. MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between parties. The agreement establishes each party's right in the transaction. Repurchase Agreements (REPO's) are a form of short-term borrowing for dealers in government securities. The dealer sells the government securities to investors, usually on an overnight basis, and then buys them back the following day. For the party selling the security (and agreeing to repurchase it in the future), it is a repo; for the party on the other end of the transaction (buying the security and agreeing to sell in the future), it is a reverse repurchase agreement. A master agreement will often specify, among other things, the right to liquidate the underlying securities in the event of default. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. MONEY MARKET: The aggregation of buyers and sellers actively trading money market instruments. OFFER OF OFFERED PRICE: The trading price proposed by the prospective seller of securities (also called the asked or asking price). OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool. PORTFOLIO: Collection of financial assets belonging to a single owner. PREMIUM: The amount by which the price for a security is greater than its par amount. PRIMARY DEALER: A group of government securities dealers that submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) -registered securities broker -dealers, banks, and a few unrelated firms. Packet Pg. 27 8.B.a PRUDENT PERSON RULE: An investment standard. In some states the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the state - the so-called legal list. In other states the trustee may invest in a security if it is one which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. d 0 RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be L the amortized yield to maturity on a bond or the current income return. 0 a L 0 V REINVESTMENT RISK: The risk that all or part of the principal may be received when interest rates are lower than when the security was originally purchased, so that the principal must be reinvested at a lower rate than the rate originally received by the investor. 0 REPURCHASE AGREEMENT (RP OR REPO): See Master Repurchase Agreement. '0 a SAFEKEEPING: A service rendered by banks whereby securities and valuables of all types and descriptions are held by c the bank. 0 a� c SEC RULE 15C3-1: See uniform net capital rule. c a� E SECONDARY MARKET: Markets for the purchase and sale of any previously issued financial instrument. Q rn SECURITIES & EXCHANGE COMMISSION (SEC): The federal agency with responsibility for regulating financial exchanges M for cash instruments.; �a a SPREAD OVER TREASURIES: The difference between the bond equivalent yield for any investment and the bond equivalent yield for a Treasury investment with the same maturity. 2 0 a TREASURY BILLS (T-BILLS): Short-term obligations issued by the U.S. Treasury for maturities of one year or less. They do aa) not pay interest but are issued on a discount basis instead. E y m c TREASURY BONDS (T-BONDS): Long-term obligations issued by the U.S. Treasury with initial maturities of more than ten }; years. c m E TREASURY NOTES (T-NOTES): Medium -term obligations issued by the U.S. Treasury with initial maturities of from one to Q ten years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as non- member broker dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicate. Liquid capital includes cash and assets easily converted to cash. Packet Pg. 28 8.B.a YIELD: Loosely refers to the annual return on an investment expressed as a percentage on an annual basis. For interest - bearing securities, the yield is a function of the rate, the purchase price, the income that can be earned from the reinvestment of income received prior to maturity, call or sale. Different formulas or methods are used to calculate yields. Packet Pg. 29 8.B.b FROM: Andrew Brown, Deputy Finance Director DATE: 01/30/2019 RE: Amend Investment Policy to Include Corporate Debt Illinois State Statute was recently amended to allow public entities to purchase corporate obligations with a maximum maturity of three years and having certain minimum rating agency "grades". Previously, the only corporate debt that was permitted was commercial paper with a maximum maturity of 180 days and having certain minimum rating agency "grades". While corporate debt in the form of commercial paper was already permitted, the Statute amendment expanded public entity investment authority to include longer term corporate debt that meets certain minimum rating agency "grades." The finance department recommends amending certain sections of the investment policy to not only allow for corporate debt to be included as an investment vehicle for the Village but also what parameters, grade and portion of the portfolio. The request would require that the corporate debt instrument would be graded at "Al or AA-" or higher and that the combined total of corporate debt and commercial paper in the portfolio at anytime not exceed 33%. The addition of corporate debt allows the Village an opportunity to earn higher rates of return on its working cash balances. Packet Pg. 30 8.0 Action Item : Award of Bid Cold Patch ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ll Staff recommends approval. SUMMARY: Staff is recommending an award of bid to the Arrow Road Construction in an amount not to exceed $17,280.00 for FY 2019 with a possible 1 year extension. ATTACHMENTS: • Memo Cold Patch 2019 (DOCX) • BIDTAB Cold Patch 2019 (PDF) Trustee Liaison Johnson Tuesday, February 19, 2019 Staff Contact Michael Reynolds, Public Works Updated: 2/14/2019 4:11 PM Page 1 Packet Pg. 31 8.C.a VILLACE OF MEMORANDUM DATE: February 13, 2019 TO: Dane Bragg, Village Manager FROM: Brett Robinson, Purchasing Manager Mike Reynolds, Public Works Director SUBJECT: Cold Patch, Joint Bid Background IN The Village led a joint bid for UPM Cold Patch Material for Arlington Heights, Buffalo Grove, Evanston, Glenview, Glencoe, and Northfield. Two bids were received and opened. The Village has worked with both bidders in the past and has had positive experiences with both. Arrow Road Construction provided a cheaper price per ton for delivered material at $144.00 per ton while Peter Baker and Son provided a cheaper price for material pick-up from their site at $123.00 per ton. Staff reviewed the manpower and vehicle cost involved in driving to the supplier to pick up the cold patch material, estimated to be $2,897.00 for 120 tons of material. In addition it is estimated this would take up 42.5 man hours that could better be used laying down the cold patch and maintaining the roadways. When factoring in the additional transportation costs to the Village when picking up material, as shown in the table below, staff believes it is a better value to award the bid to Arrow Road. Staff would recommend an award of bid to Arrow Road Construction for 120 tons of UPM Cold patch delivered to the Public Works site. Recommendation After a review of the two bids received and based upon prior experience with the low bidder, staff is recommending an award of bid to, Arrow Road Construction, in an amount not to exceed $17,280.00 for FY 2019 with a possible 1 year extension. Cold Patch cost per Ton Delivered Cold Patch cost per Ton Pick-up Buffalo Grove - 120 Tons 120 Tons - Delivered Buffalo Grove Staff Cost 120 Tons - Picked up Arrow Road Construction $144.00 $136.00 $2,897.00 Peter Baker & Son Co. $150.00 $123.00 $18,000.00 $2,897.00 Packet Pg. 32 U (4Oled PIOO PIS 30 PJeMV) 6W 4Oled PIOD BVIGI8=;uauay-' 0 0 0 N U IC IL m 0 U U N � o 0 0 LL'J 0 0 N 0 0 O o V3 0 0 O co NM- 0 0 O o EA 0 0 cp r EA 0 0 O o EA 0 0 V co �3 0 0 O o � 0 0 O m ER 0 0 O o Y3 0 0 0 0 N O m o E9 E9 0 0 cp v E9 77, m K m } } } Z. U O 0 O 0 O 0 W H} O 0 N U} O 0 N ER O 0 M ER O 0 LO EA O 0 W EA O 0 N � O 0 W � O 0 r V3 O O 0 0 7 M Vi to O 0 r tH � m o 6 a` of > > > 0 z rn c E a o .5 m a m m o 0 0 3 [6 6 a N O N F O F O 0 N N O E I6 O O U a O O y O] N iSl N N O O O O O O O O O O O F O F m N `p m o 6 o f m a CO o a a a O m m a m a d= m 0 = 0 (D 0 U 0 0 " 0 " 3 0 3 0 0 0 [6 [0 p m N N Q o 0 > W N a H m a _� m fn U) U U U W. Q Q co co W W _N (� N (� Z N zo (7 N (7 le3id Fmm 8.D Resolution No. R-2019-7 : Resolution Supporting the Des Plaines River Watershed Based Plan ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,ll Staff recommends approval. SUMMARY: Staff recommends the approval of the resolution adopting the Des Plaines River Watershed - Based Plan as a guide for Village planning. ATTACHMENTS: • Memo Des Plaines River Watershed 19-0206 (DOCX) • Des Plaines Watershed Plan Executive Summary (PDF) • Des Plaines Watershed Plan BG Site Specific Action Plan (PDF) • Des Plaines Watershed Plan BG Site Specific Action Plan Map (PDF) • DRWW resolution 19-0207 (DOCX) Trustee Liaison Johnson Tuesday, February 19, 2019 Staff Contact Darren Monico, Public Works Updated: 2/13/2019 10:33 AM Page 1 Packet Pg. 34 8.D.a VILLACE 014 MEMORANDUM DATE: February 6, 2019 TO: Jenny Maltas, Deputy Village Manager FROM: Darren Monico, Village Engineer SUBJECT: Des Plaines River Watershed -Based Plan a The Des Plaines Watershed Workgroup (DRWW) is an association comprised of agencies and organizations within the Des Plaines River Watershed. The Village has been a member since its inception in 2014. The Des Plaines Watershed -Based Plan covers 235 square miles within Illinois and Wisconsin r� and includes almost all of the Village of Buffalo Grove. The DRWW has asked all of its member organizations to adopt the recently completed Des Plaines River Watershed -Based Plan. The DRWW N and the watershed -based plan are managed by Lake County Stormwater Management. The Des Plaines River Watershed -Based Plan incorporates all of the previous watershed plans in the entire watershed including Buffalo Creek, Aptakisic Creek and Indian Creek that the Village has already o adopted N m As the document was 1,464 pages I have included the executive summary, the specific action plan and the specific action plan map for areas located within the Village of Buffalo Grove. c N O The entire document can be located at: http://www.lakecountyil.gov/DocumentCenter/View/25176/Des- Plaines-River-Watershed-Based-Plan?bidId ,t The list of specific locations within the Village of Buffalo Grove is shown on the Site Specific Action Plan Map. The list includes inspecting possible stream debris jams and discharge points (the village already inspects these on a regular basis, overall salt reduction program (the Village is already well known for reducing salt use), detention basin retrofits (the village is already reviewing this practice), creating stream buffers (mostly on private property), and wetland enhancement/creating and streambank stabilization/restoration (the Village actively seeks grants to perform this). Adopting a watershed based plan makes all of the listed projects eligible for 319 grant funding. The village recently used these grants to complete work on Aptakisic Creek and Buffalo Creek. Staff recommends adoption of the Des Plaines River Watershed -Based Plan. Packet Pg. 35 8.D.b q .1 Packet Pg. 36 (veld pase8 paysaaleM Janlb sauleld sa0 : L-WZmM) /Gemmng anilnaax3 ueld paysaaleM sauleld saa :luamyaellV L 3,. M /(% r ev. 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U Cp9 0 0 ) - ID, N 3 N C O a)o f p aC' OI >0 3 N C) E Q 0 0 0 c 3 0 6 c v o s o o Q c Q aE° cc 5 ax o g.° 0 0 a o a o o w a •o o E E a �� 0 0 0_C' °ID > 60 .2 N c O o° so cam_ 030 U W O u O O o N O Y C a o :Eo2 O cc$m ao cO a Z N Z U- W U H H h m .� C N c C O° SIR,: 8.D.b 10 1*.n ] 0 "1ONS FOR S' III K, EER S1. K Ill r I N T 1 I N EX ,� �,�' 111 , I 1111 'I N Y 1 1211"S Adopt the watershed -based plan and implement high priority actions and/ or projects, including the allocation of funding for project implementation and maintenance. Determine a lead watershed organization to guide watershed plan implementation, implement the education and outreach strategy, provide technical assistance to watershed stakeholders, and coordinate multi -partner projects. Municipalities and counties work collaboratively and proactively to mitigate flood problem areas. Utilize low -impact development ® and stormwater best management practices in new development and retrofit/maintain existing development to reduce and filter stormwater runoff from impervious areas. Restore wetlands, particularly where they will provide additional flood storage and water quality benefits. 0 Stabilize the worst "severe" eroding streambanks and lake shorelines using techniques that provide water quality and aquatic habitat benefits. 0 Stabilize eroding fields, implementing nutrient management plans and implementing best farming practices to reduce soil loss. 0 Reduce the amount of chloride in runoff by implementing winter maintenance "de-icing" best practices and providing educational trainings and materials. 0 Reduce phosphorus loads in runoff through best management practices, projects, and programs. Use the results of watershed monitoring programs to strategically target projects, develop programs, and update this watershed plan. 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OJ 'Y-' %_ f0 Q a v i> .� O. x O v o a -o a E m E' x N n � =v =v v =v v v =v m=v Ul m Ul a 41 p m N u p uYm o v UI m N m U) m v v v m N tq Q� au u Qu a� z z z z z z z z z z z z z a a a a a a a a a a a a a z z z z z z z z z z z z z s v o a o 0 0 0 0 6 6 Q 0 o 0 0 0 o 0 o 0 0 0 0 0 o 0 o 0 o 0 o o o a o o o 0 0 0 Y v v Y v v v v v v Y v v v v Y v v v v v v v v v v v v v v m m m m m m m m m m m m .- m 0 m 0 m 0 ro 0 0 m 0 m 0 m 0 m 0 m o o a o 0 0 0 0 Packet Pg. 47 N Z 8.D.c > a z z Z Z Z Z Z Z Z Z Z Z Z Z > > > > > > > > > > > > Z a Z Z a Z a Z a Z z z z z z z a z a Z z Z a z a z a z a z a z a z a z a z a z a z a z a z a z z z z z z z z z z z z z z a z z z z z z z z z z z z z N m a z a z a z a z a z a z a z a z a z a z a z a z a z d s y L 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o ai 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 0 0 o fC d 0 0 0 0 0 0 0 0 0 0 0 0 0 i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o N C a V V U V V V V V CJ V V V r Q N d d d d d d d d d d d d d d 0m 60m 0m o0an d0an d0m 0m o0m o0m cT 0an d0m o0m o o m a, O u 0 va 0 u 0 u 0 a um 0 ua 0 0 u 0 u 0 ua 0 ud 0 0u FL m N m m N M m N m N M M m M m m N m e-I � rl ~ eY ey c-I c-I rl ti r4 � c-I O VI V1 V1 N N N N N N N V1 N N Q V J J J J ft M N M l0 Vt V 01 Ol N W V1 N N N h N I� N M n C W QL N O1 v N Ol �n V O1 rn 01 m Ol a Ol N O1 o m m V N I � 01 Ol Ol W N W Qi CO W OP OP CO W CO OP W I?CO i M W lD � h h lD N W O1 O1 N M m h W I� � 01 O W N N N N N N N N N N N N N R a a a a � -o -E '" Q ' L '� v p m ,- v p o ¢ a1Oi v -o `w o o Q v a Yv u Yv Yv yv �v Yv �v Yv �v �v �v Yv �v Yv �v Yv �v yv �v �v �v � a� a� Qu au Qu au au Qu Q� Q� au Qu a� a a a a a a a a a a a a a z a z a z a z a z a z a z a z a z a z a z a z a z a a a a a a a a a a a a a z z z z z z z z z z z z z s v 6 6 o a 6 o 6 6 6 6 6 6 6 Q 0 o 0 0 o 0 a 0 o 0 0 0 0 0 0 0 0 o 0 a o o a a o o 0 0 v m v m v m v m v m v m v m v m v m v m v m v m v m a m m m m m m m m m m m m m 0 O 0 0 O ° 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 o o a a o o 0 0 Packet Pg. 48 .gym ��Y■�■ 1 �11 1 Packet Pg. 49 ee■—see -,. —ess—s—es �. :_III■I■II ��- III■I■II .m���-119■1■11 W wislon000.o.'o —ooMEMEMEMEoo —�nw —111■1■11 3�- -111■1■11 III �I �-�m IIA�1�11 III■III m 0 icket Pg. 50 �:li■li■II■I� ��- II■II■II■I� .m���1e■11■11■1� —nw 11■11■11■1 3�-11■11■11 1 III ... -�m11�11�11�1 eeo�eoeeoeo m 0 icket Pg. 51 ■-■■�■■� ors.. ��-e-tt■te■ I 11 11 N 8.D.c W a V, m C cC a m i O O _ a 0 s v Q 0 c� a 0 'acket Pg. 52 8.D-d Q 9� C5 E 4 a. C A 6 S 0 00 r'i I m lot Im I I U) L Id > 0 0 Z > r o. a. 0 z > -0 A o"Y< 3's li Cl Z' 3 C > lio, 6.N IL lo'E o rL m p % 0 A I Ili, v, M 0rg v, Ke o 0 A 0 6,W 'D 7 NI, OF - 11 Cu�,/J" I 0.-1 L° I. jll ' '�t mlH ' =tW w/� L L h 2i . po T mJM(-e1L0 > bm V Co ow," > Vll, -Lo .6 0 Y— Co - 1E, > > oll... . .... f3" .. . . . . . .. . Ep "0 0 dr J: a. 4ZZ'A I . ..................................... vz� lo . . . . . . . . . . . . . . 'o m of6/ - - L f T AY (D W Of "X ......... U) CD . ..... ... . MW" � "�.V� li - - "' N , ' ' ' 'IF", a HN 1, A/ IWOo ",? 4" CD )v . ... .... 0/0 r ........... . ....... h V yv� IT, AE -o > 'u, 0 0 q P p 'A� "N" L 'b'/ 10 Packet Pg. 53 P I 8.DE.d ao NAP °£v 6 was �o sae c ' wm 3 r d r d d 'a a d j N N Z F L.;,�r drr N aii�iv rir/� ��m�° a e 6 a O L O N o r- FLG / o r,' N o10,G� o_ x I m ` v 0 iiohe�k irr Eo, o rn o c Q. Yv ° oIr m w m a c m A > oJ l rd�r t n �Jl�/ a. r +. r c, f'roo' rL,o� .2 / o e / � d o / T / a v co ,� .. :.... co d � l� I` / a. _ G1 1 / � f 00 N m r _ s d o �t d E� 111J I r j C r �/ E E }ill i c Q N / L c 1 w _ v m J 'gum O' R N 21 01 ; 0� � � � ® � �D� � I I � m q � w Packet Pg. 54 N � o 8.D.e RESOLUTION NO.2019- A RESOLUTION SUPPORTING THE DES PLAINES RIVER WATERSHED -BASED PLAN WHEREAS, the Des Plaines River Watershed Workgroup and Des Plaines River Watershed stakeholders have prepared a comprehensive watershed -based plan for the Des Plaines River Watershed (Des Plaines River Watershed -Based Plan) in Lake and Cook Counties, Illinois; and WHEREAS, the Des Plaines River Watershed -Based Plan was developed through a series of public planning meetings with the cooperative effort of hundreds representing many different watershed entities, ranging from individual homeowners & homeowner associations, consulting companies, businesses, large landowners and non-profit environmental organizations to local government, county, state and federal agencies that attended meetings during the planning process; and WHEREAS, the purpose of the Des Plaines River Watershed -Based Plan is to identify opportunities for watershed communities to integrate multi -objective watershed management in land use and development activities; and WHEREAS, a second purpose of the Des Plaines River Watershed -Based Plan is to improve degraded conditions in the watershed by improving water quality, reducing flood damage, and protecting and enhancing natural resources by implementing best management practices and programs to retrofit existing problem areas and prevent future problems from occurring; and WHEREAS, the Des Plaines River Watershed -Based Plan can guide the successful implementation of a series of individual site -specific projects and watershed -wide programmatic actions to: improve water quality, reduce flood damage potential, protect and enhance natural resources including the watershed's lakes, streams and wetlands; and in addition, can provide watershed education and recreation opportunities and improve community cooperation and participation in watershed improvement activities; and WHEREAS, to the best knowledge of the Village of Buffalo Grove, all public hearing and meeting requirements have been met by the Des Plaines River Watershed Group in the preparation of the Des Plaines River Watershed -Based Plan including a 30-day comment period; and 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 of Buffalo Grove supports the Des Plaines River Watershed -Based Plan as a guide for Lake and Cook Counties, Illinois. AYES: NAYES: Packet Pg. 55 8.D.e ABSENT: PASSED: ATTEST: Village Clerk APPROVED: APPROVED: Village President Packet Pg. 56 8.E Resolution No. R-2019-8 : Resolution Reallocating the 2019 Volume Cap to the Village of Buffalo Grove ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,ll Staff recommends approval. SUMMARY: The Village is the host of the Private Activity Bond Clearinghouse for Lake County. This is the annual Resolution that transfers the Village's Volume Cap to the Clearinghouse. ATTACHMENTS: • Resolution (DOCX) • Buffalo Grove 2019 IRB Letter (PDF) Trustee Liaison Weidenfeld Tuesday, February 19, 2019 Staff Contact Chris Stilling, Community Development Updated: 2/12/2019 9:21 AM Page 1 Packet Pg. 57 8.E.a VILLAGE OF BUFFALO GROVE RESOLUTION NO.2019- A RESOLUTION OF THE VILLAGE OF BUFFALO GROVE ILLINOIS REALLOCATING 2019 VOLUME CAP TO THE VILLAGE OF BUFFALO GROVE, ILLINOIS. WHEREAS, the Village of Buffalo Grove Lake County, Illinois the ("Municipality"), is a municipality and a home rule unit of government duly organized and validly existing under Section 6(a) of Article VII of the 1970 Constitution and laws of the State of Illinois; and WHEREAS, certain tax exempt private activity bonds may be issued only if sufficient volume cap pursuant to Section 146 of the Internal Revenue Code of 1986, as amended (the "Code"), is available for the bonds; and WHEREAS, pursuant to the Code, the Municipality has been allocated volume cap equal to $105.00 per resident of the Municipality in calendar year 2019, or $4,328,730 for the issuance of such tax-exempt private activity bonds; and WHEREAS, pursuant to Section 6 and Section 6.1 of the Illinois Private Activity Bond Allocation Act, 30 ILCS 345/1 et seq. (the "Bond Allocation Act"), and the Guidelines and Procedures promulgated thereunder, the Municipality may, prior to May 1, 2019, reallocate to other home rule units of government the volume cap allocated to the Municipality by the Code for their issuance of such tax exempt private activity bonds or for subsequent transfer or reallocation; and WHEREAS, the Municipality has not used any of its 2019 volume cap and has no present intention to use the same; and WHEREAS, the Lake County Partnership for Economic Development, Inc. has offered Lake County home rule communities the opportunity to participate in a program to combine their respective volume cap allocations and create a Private Activity Bond Clearinghouse Pool (the "Pool") to facilitate the issuance of tax-exempt private activity bonds to finance manufacturing and multi -family housing commercial projects in Lake County, Illinois, for economic development purposes ("Eligible Projects"); and WHEREAS, the Village of Buffalo Grove, a home rule unit of government ("Buffalo Grove"), X pursuant to its Resolution No. 2001-51 adopted December 17, 2001, agreed to host the Pool and to 0 reserve its own volume cap, and accept volume cap reallocated to Buffalo Grove by other home rule units of government, for the issuance of tax-exempt private activity bonds placed through the Pool to finance 0 Eligible Projects; and c WHEREAS, Buffalo Grove has requested that the Municipality reallocate all of its 2019 volume E cap to Buffalo Grove to be used for the issuance of tax-exempt private activity bonds placed through the Pool to finance Eligible Projects; Q NOW, THEREFORE, BE IT RESOLVED BY LAKE COUNTY, ILLINOIS, AS FOLLOWS: Packet Pg. 58 8.E.a SECTION ONE: RECITALS. The foregoing recitals are incorporated in and made a part of this Resolution by this reference as findings of the Village of Buffalo Grove. SECTION TWO: TRANSFER AND REALLOCATION OF 2019 VOLUME CAP. Pursuant to Section 6 and Section 6.1 of the Bond Allocation Act and the Guidelines and Procedures promulgated thereunder, the Municipality irrevocably agrees to, and does hereby, transfer and reallocate all of its 2019 volume cap to Buffalo Grove to be used for the issuance of tax-exempt private activity bonds placed through the Pool to finance Eligible Projects as directed by the Advisory Committee created pursuant to Buffalo Grove Resolution No. 2001-51. SECTION THREE: AGREEMENT. This Resolution shall constitute the agreement of the Municipality to a different allocation under Section 146(e) (3) of the Code and the writing required under Section 6 of the Bond Allocation Act. SECTION FOUR: WARRANTY. The Municipality covenants and warrants that it has taken no action or issued bonds that would abrogate, diminish, or impair its ability to fulfill the written agreement, covenants, and undertakings on its part under this Resolution. SECTION FIVE: AUTHORIZATION. As required by the Bond Allocation Act and the Guidelines and Procedures promulgated thereunder, a certified copy of this Resolution shall be transmitted to the Office of the Governor of the State of Illinois. Any and all appropriate and proper officers, officials, agents, and employees of the Municipality are hereby authorized, empowered, and directed to take all necessary and advisable actions, and to execute all such documents and certificates, as may be necessary to further the purposes and intent of this Resolution. SECTION SIX: MAINTAIN RECORD. The Municipality shall maintain a written record of this Resolution in its records for so long as the bonds to which the volume cap transferred by this Resolution is reallocated remain outstanding. SECTION SEVEN: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval as required by law and is enacted by the Municipality pursuant to its powers under the laws of the State of Illinois and the Illinois Constitution of 1970 and its home rule powers. PASSED THIS DAY OF 12019 AYES: NAYS: ABSENT: PASSED THIS DAY OF , 2019 ATTEST: Village Clerk Village President c 0 0 0 m a c m E �a Q Packet Pg. 59 8.E.b ake County Partners January 23, 2019 Mr. Dane Bragg, Village Manager Village of Buffalo Grove Sent via Email to dbragg@vbg.org Dear Mr. Bragg: I am writing to request your municipality's participation in Lake County's Private Activity Bond Clearinghouse (PABC) in 2019. Each year, Lake County Partners contacts the home rule communities in Lake County to request a pooling together of the volume cap to ensure the best use of our collective private activity bond allocation. The PABC cap for each year is transferred to the Village of Buffalo Grove, the Pool's host home rule community. If your municipality is interested in participating, your governing body must approve a resolution and submit it to Governor Pritzker's Office before May 1, 2019. A sample resolution is attached for your use. Since its inception, the Lake County PABC has funded nearly $200,000,000 in local projects, which has resulted in the construction of over 360,000 sq. ft. of new manufacturing space, the creation of 648 new manufacturing jobs, the renovation of 1,600 multi -family dwelling units, the purchase of an estimated 251 homes by first-time homebuyers, the expansion of a Montessori School, and the construction of a new solid waste disposal cell. Please click on the following link to review the: "State of Illinois' Guidelines and Procedures for the Allocation of Private Activity Bonding Authority in Accordance with the Tax Reform Act of 1986 and 30 ILCS 345". Per page 5 of this document, this year's per capita amount is $105.00, and the population data estimates outlined within these guidelines are based on Census information. The population estimate for Village of Buffalo Grove is 41,226, bringing your municipality's 2019 allocation to $4,328,730. Your municipality's approval of a resolution to transfer its volume cap to the Village of Buffalo Grove will preserve the volume cap in Lake County for a three-year period for the important reasons outlined above. Lake County Partners therefore requests that you place a resolution similar to the attached example on your Board's schedule for approval and forward the approved resolution to the attention of the Governor's Office as soon as possible in the manner outlined within page 3 of the above hyperlinked Guidelines and Procedures document; please note that all reporting submissions are to be submitted in both hard copy and electronic format. Please copy me at bgrusila(&lakeeountyuartners.com on your Board's actions and subsequent notification to the Governor's Office, or notify me if your community chooses not to participate in this year's pool so that we may more effectively manage the process next year. If you have any specific questions or concerns, please feel free to get in touch directly at 847-597-1230. We appreciate your support and look forward to working with you. Sincerely, Barbara C. Prusila Economic Development Director L A K F CV'WUNTVV'A0'iV'NFfda.lG'CHA ONF Cpuw'm V,rjiu, `, ^sub uzu UNC'E,PdaFNVVE, R 60OR9 943-W-1220 V.MPV.AKV;'V;OUH,'ryIPdlRNVi'0'ia,V,'VA Packet Pg. 60 8.F Ordinance No. 0-2019-4 : Ordinance Amending Chapter 5.20 - Liquor Controls for JPJK, Inc. D/B/A Wooil Restaurant ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,ll Staff recommends approval. SUMMARY: The Class B license for JPJK, Inc. d/b/a Wooil Restaurant at 185 N. Milwaukee Avenue is hereby rescinded. The business has been sold and the property is going to be redeveloped. ATTACHMENTS: • Ord Class B - Wooil - Rescind (DOCX) Trustee Liaison Sussman Tuesday, February 19, 2019 Staff Contact Julie Dziewior, Community Development Updated: 2/14/2019 4:15 PM Page 1 Packet Pg. 61 8.F.a Underlined = addition Strilethreu-g6 = deletion 01 /29/2019 ORDINANCE NO.2019 - 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 and additions in underline text so that Subsection B. of Section 5.20.072 shall provide as follows: Class B. Licensee and d/b/a Address 1. Spirit Caf6, Inc. d/b/a Versailles Restaurant 100 McHenry Road 2. Taste of Tokyo, Inc. 159 McHenry Road 3. Nino's Pizzeria, Inc. 960 Buffalo Grove Road 4. Chanprung, LLC d/b/a Fuji Thai 1000 Weiland Road :: jP.1VK; ki d✓b✓a N:N,/ K°u..11 festdi: ffllif.... �'45 J q..w P4i� WaA( ee 6wvelit 5. Continental Restaurant, Inc. 782 S. Buffalo Grove Road 7. Booming, Inc. d/b/a Yen Yen Chinese & Sushi Restaurant Donato Restaurant Group, Inc. 1)81. Golden Durebak Restaurant, Inc. Section 2. 360 Half Day Road 1180 Lake Cook Road 718 Buffalo Grove Road A. The Class B license for JPJK, Inc. d/b/a Wooil Restaurant at 185 N. Milwaukee Avenue is hereby rescinded. The business has been sold. B. This Section 2 shall not be codified. 1 Packet Pg. 62 8.F.a Section 3. This Ordinance shall be in full force and in effect from and after its passage and approval. AYES: NAYS: ABSENT: PASSED: , 2019 APPROVED: , 2019 ATTEST: Janet M. Sirabian, Village Clerk Beverly Sussman, Village President 2 Packet Pg. 63 8.G Ordinance No. 0-2019-5 : Ordinance Approving a Special Use to Allow a Fitness Facility at 1350 Abbott Court ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,ll The Planning & Zoning Commission unanimously recommended approval, subject to conditions in the attached Ordinance. Staff concurs with this recommendation. SUMMARY: The petitioners are proposing to operate a fitness and training facility at 1350 Abbott Court. Pursuant to the Zoning Ordinance, fitness facilities are a special use in the Industrial District. The Planning & Zoning Commission unanimously recommended approval, subject to conditions. ATTACHMENTS: • BOT Memo (DOCX) • Ordinance (DOCX) • Exhibit B- Petitioners Plans (PDF) • Exhibit C- January 16, 2019 Draft PZC Minutes(DOC) Trustee Liaison Stein Tuesday, February 19, 2019 Staff Contact Chris Stilling, Community Development Updated: 2/14/2019 4:16 PM Page 1 Packet Pg. 64 8.G.a BUFFAL0 GRUNT DATE: February 13, 2019 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development SUBJECT: Ordinance approving a Special Use Ordinance to allow a fitness facility within the Industrial District. BACKGROUND The petitioners, Chris Wright and Melissa Kleinberg, are proposing to operate a fitness facility, APX Sports and Fitness at 1350 Abbott Court. The 12,000 square foot facility is currently vacant and was formerly Sole to Sole Dance Center. Pursuant to the Zoning Ordinance, recreational facilities are a special use in the Industrial District. PLANNING & ZONING COMMISSION 1PZC1 RECOMMENDATION The PZC unanimously recommended approval of the special use, subject to the following conditions: 1. The special use is granted to APX Sports and Fitness and said special use does not run with the land. 2. The special use granted to APX Sports and Fitness may be assignable to subsequent petitioners seeking assignment of this special use as follows: i. Upon application of a petition seeking assignment of this special use, the Village of Buffalo Grove, in their sole discretion, may approve the assignment administratively, or may refer it to the Planning & Zoning Commission and/or the Village Board for a public hearing. ii. Such assignment shall be valid only upon the written approval of the Village of Buffalo Grove granting said assignment, which may be granted or denied for any reason. 3. The Village reserves the right to restrict class size and require transition times between classes as necessary to control overflow parking. 4. The petitioner shall monitor traffic circulation and parking on the property and take appropriate measures, as approved by the Village, to ensure adequate parking is being provided. If the Village determines, in its sole discretion, that additional parking is required, the petitioner shall provide said parking in manner acceptable to the Village. 5. Prior to the issuance of a certificate of occupancy, the existing driveway apron entering the property shall be repaired in a manner acceptable to the Village. Page 1 of 2 Packet Pg. 65 8.G.a Staff concurs with this recommendation. PUBLIC HEARING COMMENTS There were no public comments during the public hearing. PLANNING & ZONING ANALYSIS Property History • In 2007, the Village approved Ordinance 2007-012 which granted a special use for Recreational Facility (Sole to Sole Dance Studio). In 2018, Sole to Sole closed at this location and the property has remained vacant. Proposed Use • APX Sport and Fitness would be a new, privately -owned group fitness center. As the center's primary proposed use is fitness classes and training, most of the facility (approximately 7,000 square feet) would be dedicated to fitness and gym area. The remaining 5,000 square feet includes kitchens, bathrooms, as well as office space. • Classes and private sessions will be offered six days a week (everyday but Saturday). • Saturday is a proposed flex day, in which there may be an open gym time for special events/classes. • General hours of operation are 5:30 am to 8:00 pm. • Currently, APX has two employees (Mr. Wright and Ms. Kleinberg) and the petitioners estimate there is a potential for 1-2 additional employees in the future. Parking • The facility currently has 32 traditional parking spots which are intended to serve APX members and clients only. • Pursuant to Village Code, a recreational uses require 1 parking space per 1,000 square feet of floor area. Furthermore, the office space requires 5 parking spaces per 1,000 square feet of floor area. Based on the breakdown of floor space (7,000 s.f. of training and 5,000 s.f. of office) a total of 32 spaces are required. • The estimated average class size is 10-18 members. • In addition, all classes will be an hour long, which will be followed by a thirty minute transition time and then the next class will begin. • As morning and late afternoon/early evening classes are the deemed the most popular, the applicant proposes that all other services provided by APX (personal training and future services of potential chiropractic care, massage etc.) will only hold during normal business hours between 9 am and 5 pm. The applicant claims that Saturdays are normally low volume days and consequently APX will use that as a flex day and may have an open gym. • Should parking become an issue, the applicant has indicated that the property does have additional space to the north which could allow for a parking expansion. RECOMMENDATION Staff recommends that the Village Board approve an Ordinance granting the special use, subject to the conditions in the attached Ordinance. 0 E a� O m c d E t U �a a Page 2 of 2 Packet Pg. 66 8.G.b ORDINANCE NO. 2019 - AN ORDINANCE APPROVING A SPECIAL USE FOR A FITNESS FACILITY IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS APX Sports and Fitness 1350 Abbott Court WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, APX Sports and Fitness ("Petitioner") has filed a petition for a fitness facility in the Industrial District for the Property at 1350 Abbott Court, Buffalo Grove, IL ("Property"); and, WHEREAS, the Village Planning & Zoning Commission conducted a public hearing on January 16, 2019 concerning the petition for the special use; and, WHEREAS, the Planning & Zoning Commission made a finding and determined that the petition meets the criteria of a special use as set forth in the Buffalo Grove Zoning Ordinance, as described in the minutes attached as Exhibit C; and, WHEREAS, the Planning & Zoning Commission voted 6 to 0 to recommend approval of the special use; and, WHEREAS, the President and Village Board of Trustees after due and careful consideration have concluded that the proposed special use is a reasonable use of the Property and will serve the best interests of the Village. WHEREAS, the proposed special use shall be operated in accordance with and pursuant to the following exhibits: EXHIBIT A Acceptance and Agreement concerning special uses EXHIBIT B Plans T Q N EXHIBIT C Minutes from the January 16, 2019 Planning & Zoning Commission O m NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: i O Section 1. This Ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part d of this Ordinance. t U �a Section 2. The Corporate Authorities hereby grant a special use for a fitness facility in the Q Packet Pg. 67 8.G.b 2 Industrial District for the Property at 1350 Abbott Court, Buffalo Grove, IL, subject to the following conditions: 1. The special use is granted to APX Sports and Fitness and said special use does not run with the land. 2. The special use granted to APX Sports and Fitness may be assignable to subsequent petitioners seeking assignment of this special use as follows: i. Upon application of a petition seeking assignment of this special use, the Village of Buffalo Grove, in their sole discretion, may approve the assignment administratively, or may refer it to the Planning & Zoning Commission and/or the Village Board for a public hearing. ii. Such assignment shall be valid only upon the written approval of the Village of Buffalo Grove granting said assignment, which may be granted or denied for any reason. 3. The Village reserves the right to restrict class size and require transition times between classes as necessary to control overflow parking. 4. The petitioner shall monitor traffic circulation and parking on the property and take appropriate measures, as approved by the Village, to ensure adequate parking is being provided. If the Village determines, in its sole discretion, that additional parking is required, the petitioner shall provide said parking in manner acceptable to the Village. 5. Prior to the issuance of a certificate of occupancy, the existing driveway apron entering the property shall be repaired in a manner acceptable to the Village. Section 3. This Ordinance shall be in full force and effect upon the submittal of a signed Exhibit A (Acceptance and Agreement) hereto. This Ordinance shall not be codified. AYES: NAYS: ABSENT: PASSED: APPROVED: ATTEST: Village Clerk APPROVED: Beverly Sussman, Village President Packet Pg. 68 8.G.b 3 EXHIBIT A Acceptance and Agreement Concerning Special Use APX Sports and Fitness 1350 Abbott Court APX Sports and Fitness acknowledges that it has read and understands all of the terms and provisions of Buffalo Grove Ordinance No. 2019— pertaining to the special use, and does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations of said Ordinance. Petitioner: APX Sports and Fitness 1350 Abbott Court By: Name (print): Title: Property Owner: By: Name (print): Title: Packet Pg. 69 8.G.b il EXHIBIT B Plans APX Sports and Fitness 1350 Abbott Court Packet Pg. 70 8.G.b 5 EXHIBIT C Minutes from the January 16.2019 Planning & Zoning Commission APX Sports and Fitness 1350 Abbott Court Packet Pg. 71 q CD 06 o; aoueuipa0 ash leioadg a 6uinoiddd 93ueuipa0 : 5-660Z-O) sueld saauoi;i;ad -8 ;igiyx3 :;uauayoe;;d i ° c o cz N 0 0 0 c N ui U cz a) � a) C� a) � CD (nn >, U) -0 CV ~ - � O a) �_ O O O N c°n �- O U O�O -� � :3 O Q)�� offo > a) .0 �3 °Qc o'Ncz o �E r a) °u,�°� .—w3: 0)aa) a)c-a) 6s (n 0 co cz U) cn o a) E (n O c) u°i U) o r � �� }, m � m — a) � c 5 a) cz a) co a) 0 ca q E _ CO Uac 0a) )�U�czo� � U E U a) o 0 -a(cz tecn c) U U LC) a) E �+ O cz O- ° O 0--o a) 0 CZ -0 of CZ CZ u= ° c m _0 E cUn X m cn o u� E oL L° E c� ,� a) c� c� (n — O c, E cz cz�_ g) ca u)� c N EUE0) CZ 5 � > M i>>>.0 0 0 o o E � cz °' � i ao � � v) � U U � � � Q ai (n In >, E >, y C E a) +r " O c) - — o o ° it W J o ° Q mmwowom L E U X co 0— i cz '(n a)>,o °o(n�vca Caa)�wE()-°u)E(�D E a°-vo a)(a) te) 0M00co +U,Eo (D o�UoctU— o-0 a) ) M° Q� 0- C CZ � cz U cz N a)Q Ep cz (n~coE Qoo:2 -E E cz cn c) E cz o � o 0 0_ � ° .o >, _ o 0 Qi�Q o=_a)xa)} w0 oEo��ocza) cz cn p a) c� c ���cE mo cz X 0-E c orr (D•-0-0 �m a'L o�Emoma) cz 0LO Ca� a)EO n E Q X O— a) E m CZ cz — C iLEa) W=O cao 0 o � _a(OEa)(1) n _QC O U).� >, a) CO E � ��Na) t- U 0- a — U) c a) cn CZ cn a)(Z °a)=(°En a) mo3 cya) -0 u)) LL N0 a) a) i _ O a) C O Q-0 Q —��j c� L 0-70 2i � 0) O O a) vi N cz O MM n 07 � m cz o oEcn c �MM (D �� CZo 1�oc Q iEE E -0 cm M0- "EE0) )m� >, >E CZ Cl) a) (D CZ a) U) cz 0 C.) '�o aoww) CO E 5 F o cz U)< U U c���`.��—� OL-- EL a) cz X o-> E Q a ° •i cz (Z > Q m Q Lo U r N C6 4 q CD aD o; aoueuipa0 ash leioadg a 6uinoiddd 93ueuipa0 : 5-660Z-O) sueld saauoi;i;ad -8 ;igiyx3 :;uauayoe;;d L () 3: L () 3: L 0 3 L a) 3 0 0 0 0 z Q Q Q Q (n 2 2 2 2 cz E O Q O M O O O) r r N O L L cz � � U X X X X X X X Q Q Q Q Q Q Q Q F F E z- LL H H H H X X X X X X X X X Q C C C C C C C C C _0 -0 _0 _0 _ W W W W W W W W W Q ) L L L L L L L L L z �: 3: 3: w J J W J J J J J J J Q Q Q Q Q Q Q Q Q N N N a) Q) a) a) N 0 p cn cn cA Cl) co cA cA w m 0 a) m m W aa)) 0) 0) a) 0) 0 D Q a a a Q Q Q Q a Q z Q Q Q Q Q Q Q Q Q m W E o E o Q aca Ec - -OL O MMO M M O M O LO I- Co r r N � m r- Chris Wright Chris Wright isanexercise professionalwith over 1Oyears ofexperience inthe industry. Chris started his athletic career as a division one receiver at Eastern Illinois University and was featured on ESPN's Top Ten plays and also set the new Ohio Valley Conference touchdown record. Chris is currently training with the USA o|ymnpicbobsled team. Heplaced first inhis first rookie camp debut in2O17and is continuing his training |nhopes ofmaking the 2022n|ymnpics. He studied Kinemio|ogyatBUand continued his education bybecoming aMuscle Activation Techniques Specialist and completing the/V\PTE certification which has a heavy emphasis on practical application in the exercise lab. Chris has since enrolled inthe Resistance Training Specialist mastery program tofurther his understanding ofthe mechanics ofthe human body. Chris has had the opportunity to train and work on countless amateur and professional athletes. His ability to identify and correct muscular imbalances combined with his high level sports performance experience and expertise make him one of the most sought out performance coaches. Melissa Kleinbe Melissa is an exercise professional with over 6 years of experience in personal training and group fitness coaching. She graduated from the University of Georgia in May of 2017 with a bachelors degree in Health and Physical Education. Her passion for learning about the human body and exercise lead her to enroll in the RTS mastery program. This prestigious program offers a unique opportunity for her to understand the body on an entire different level integrating orthopedics and motor learning with the physics of resistance application along with the skills mfclient/patient education. K4e|i$Sa has been able towork with clients and athletes of all ages, interests and skill levels. She started her coaching career at headhunters crossfit and after two years she went on to do personal training and group fitness atOmni/Athens health and fitness while attending UGA.After graduating she continued her training and coaching as a sports performance coach in Atlanta. Melissa also has experience in gym management and sales aswell as, event planning and marketing. Chris and Melissa have used their past experiences in the fitness industry to create an elevated approach togroup fitness. AP%sports and fitness ioagroup fitness gym that provides members with on experience they have not received atany other gym. APX gives them afull program with total body strength training, speed and agility training and endurance training. Not only dmvve understand how important itistoprogram classes with safe and effective exercises for all members, xveunderstand the importance of providing these members with a community. We want APX to be a space where members can grow both physically and mentally. APX SPORTS AND FITNESS CONCEPT APXSports and Fitness isagroup fitness and personal training mid -size facility. The gym will have 30 yards of turf and rubber flooring installed by PLAE. The turf will be used for many different B.G.c exercises with hurdles, plyo boxes, a woodway curve, skiiergs, airdyne bikes and rower. We will have a Rogue rig that consists of 6 total squat racks with barbells, bumper plates, resistance bands, benches and more. We also have a personal training area with cybex equipment including a lat pull down, seated and laying leg curl, leg extension, seated row, shoulder press, hip abduction and hip adduction and glute kickback machine. Our anticipated hours of operation will be from 5:OOam-8:OOpm. We will be running classes at the times shown on the schedule in the business plan and we will have some personal training sessions scheduled in between those class times. The number of workers/employees on site will vary as our gym grows. We (Chris and Melissa) will be the only two employees for the first months of opening a gym. We will be adding two to three more employees as soon as we are settled in and the classes are running smoothly. We will be hiring a part time personal trainer and front desk secretary first. As we grow we will be able to hire a massage therapist, yoga instructor and physical therapist. Due to the size of our facility and the number of classes we will be running a day, the number of expected customers/users per class will be 20 clients. This number will vary depending on the popularity of class times. Due to the number of parking spots, we will be capping the number of members per class if needed. We will be training high school and college athletes for personal and team training sessions. For our group fitness classes, age ranges can vary from 15 to around 60 years old. Any member under the age of 18 will have to have a legal guardian sign off on a waiver. Packet Pg. 75 8.G.c APX Spoils o vuls iJa`ami ri d u ut n eIII Prepared for: John Skalla, Transwestem Prepared by: Chris Wright, Owner and Founder APX July 23, 2018 SPORTS & FITNESS ObJec'i e Our main objective is to impact the well being of the general public to drastically improve their physical fitness thereby improving personal image, self confidence, and body fat percentage. Doing this will reduce their reliance on prescription medication, lowering annual healthcare costs,improving life expectancy while also reducing their chances of developing alzheimers, heart disease and diabetes. Our understanding of anatomy and biomechanics allows us to break down every exercise we use in our programs for each member that walks in our doors. We know that every member has different skill levels, body structure, strengths and weaknesses that are usually not addressed or even considered in most group fitness gyms. This allows us to provide the safest, most beneficial environment for our clients. Our understanding of the fitness industry has shown us that our customers need proper motivation, accountability and a strong fitness community! This allows them to have the best possible experience in our facility and continually brings them back to keep progressing and reading their new fitness goals. Goal's - year, orie - 100 members in the first year - Partnerships with 3 local schools and 5 neighboring businesses - Average 5-10 new sign-ups per month Packet Pg. 76 8.G.c - Provide members with a staffed Physical Therapist - Utilize upstairs room for on site yoga classes We are a mid -sized fitness facility that caters to all interests, sizes, ages, genders and physical abilities. We understand that every member comes with their own goals and needs when it comes to health and fitness. We bring a unique approach to the group fitness industry that bridges the gap between endurance training and traditional strength and conditioning training. Research supports the premise that humans need both cardiovascular endurance training and strength training to reach optimal health and wellness. The Center for Disease Control has published guidelines for the activity levels in adults that includes 300 minutes of moderate intensity or 150 minutes a week of vigorous intensity aerobic training and three or more days a week of moderate or high intensity strength training involving all major muscle groups. We also understand that a 50 year old members body is different than a 20 year olds. Understanding joint mechanics provides us with the knowledge to modify and manipulate exercises for every member based on what their body has and allows. APX will provide an individualized training program that allows our members to continuously progress towards their optimal health and fitness goals in a positive and motivating group fitness environment. Problern/Solution The biggest issue we see in the fitness industry is the lack of accountability. We believe that lack of accountability is NOT from the clients, it is the responsibility of the trainer. We believe first and foremost in holding ourselves accountable for understanding the fitness and performance goals of each and every client. We want to be the first gym to provide the tools to truly hold our member accountable for the goals they set wether they record personal bests in their personal folders or simply motivating them with daily/weekly check ins. Not only will we provide the physical environment, equipment and programs to do so, we will provide the knowledge, motivation and support they need. The fitness industry sells an intangible product. As professional trainers, we must provide our members with the necessities to obtain physical and mental results. Most big gyms rent space to their members, we provide training and that means better results. Packet Pg. 77 8.G.c iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliil illillilllilillil ill illillilil illillillillillillilliI it 1 illillililllillillillillillillilliillillillillillillilliililoummoillillilli lffEffmffffffffffffffffffffffoommillillillillilliillillillillillilomwml illilI ffom�lffffffffffffommmffmousummu �� iiiiiillmom Project Outline The 2017 National Health Interview Survey published data for the United States stating that 53.1 % of adults 18 and older met the aerobic physical activity guidelines encouraged by the CDC and 23.5% met the guidelines for aerobic and muscle strengthening. Our concept is unlike anything that is offered by our competitors. Our knowledge of the market shows that we bring to the table what others places simply are not doing. APX will be a one stop shop for our members overall fitness as well as their sports performance. Bringing a weekly regimen to people will provide them constant growth as they will prevent plateaus. With a vast variety of classes we bring on a weekly basis we can guarantee that no class will ever be duplicated or repeated. We will hire the highest quality trainers with certifications like RTS (Resistance Training Specialist) and MAT (Muscle Activation Techniques). We want our clients to be able to understand the body on a biomechanical level to ensure that our customers are getting the best possible training without the negative effects that can come from a lack of knowledge. APX Sports and Fitness will offer group fitness, personal training, muscle activation therapy, and physical therapy. We will program endurance and strength training group fitness classes 6 days a week (running 8-10 classes a day) and one open gym day. We want to provide a 7500 square foot training facility that offers group fitness classes, personal training, and muscle activation therapy. The training facility will have about 3,000 square feet of turf and about 2,500 square feet of rubber flooring. The additional office space allows for the potential growth of APX through specialized services including Muscle Activation Therapy, physical therapy, as well as, yoga/pilates. We also have the option to provide other services such as massage therapy, and chiropractic care. Having these services allows us to provide a one stop shop for our members in terms of overall health and fitness. The size of this location allows us to run a 50-60 person group fitness class, store equipment, and provide additional services to our members. Packet Pg. 78 8.G.c Pre-Sale/Sales Pre -sale December 2019 (commencement date January 1st 2019) First Five to sign up, $0 enrollment, $150 a month = $750 5-15 to sign up, $0 enrollment, $165 a month = $825 15-25 to sign up $0 enrollment $180 a month =$900 All 25 get free APX shirt, and free PT/MAT session ($100 value) Sales Group Fitness membership Month to Month, $250 Year commit, $200 a month Year pay in full up front $2,000 Personal Training Single session $65/hr 10 session package $60/hr 20 session package $55/hr Pre -Sale Marketing ideas Small business cross promotions Instagram promo Facebook promo Mailing list emails Flyers, pamphlets, folders Packet Pg. 79 ���ooc+nTets�w fir. r.c. PRO= w- a�. wrr w.c, .a�eonw000, awns ao�n o.» a�sasoa rae tam an-seo ALTA/ACSM LAND TITLE SURVEY ar i2 NORTH Q O LA cc ,�—------- — u- h.I ! G l l I cc I f ili ill O I i It l cc j � � �•m� ,I II -o to ! ► I I i CL cc CL / a I� ► I �I c a 3 cc 72 it 1 - I CO l coo CL CL .. — ---- — x • tLI cc • w..a. ..a. � 4tiy� pp www.a �R ..•� sy M1! �Mw�wY� �R - k _..� _ ._ _ .�_,.. __.- " .h.-�W_a.L_:._ _,..�..�_..��R : _.. _ ... ter.• `V Packet Pg. 80 I AP T--r- P U- 0 0 U 72 0 CU .(a U 0 CL S 0 CL CL cu 72 0 LO O 14 ow I Packet FIRST FLOOR L? O 14 ow E I Packet Pg. 82 1 8.G.c Village of Buffalo Grove, IL — Zoning Ordinance 17.28.040 Criteria for special use. A. All special uses shall meet the following criteria: 1. The special use will serve the public convenience at the location of the subject property; or the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare; - We are a group fitness facility open to the public. Maintenance/operation of this special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. This fitness facility will provide the public with a product that will be safe, beneficial in relation to optimal health. 2. The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with said special use, the size of the subject property in relation to such special use, and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate, orderly development of the district in which it is located; - This building, the location and size, was built on abbott court 21 years ago in compliance with the district it is located in. This building is the perfect size for this special use with a group fitness area, personal training area, lockers, offices, bathrooms, showers and a kitchen. 3. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity of the subject property for the purposes already permitted in such zoning district, nor substantially diminish and impair other property valuations with the neighborhood; - Our facility and special use will not cause any of these issues for neighboring businesses. The buildings directly next to the building have been there for 18-19 years. This building will not diminish or impair any other property valuations with the neighborhood. In fact, it will benefit all employees, residents, owners nearby to have a state of the art fitness facility close by. 4. The nature, location and size of the buildings or structures involved with the establishment of the special use will not impede, substantially hinder or discourage the development and use of adjacent land and buildings in accord with the zoning district within which they lie; - This building does not impede, hinder or discourage the development of adjacent land. This is the first building on the street and there has been growth, new developments, new buildings and businesses since the construction of this building. 5. Adequate utilities, access roads, drainage, and/or other necessary facilities have been or will be provided; - This building has been provided with adequate utilities, access roads, drainage, and necessary facilities by original construction when built 20 years ago and is in compliance presently. 6. Parking areas shall be of adequate size for the particular special use, which areas shall be properly located and suitably screened from adjoining residential uses, and the entrance and exit driveways to and from these parking areas shall be designed so as to prevent traffic Packet Pg. 83 8.G.c hazards, eliminate nuisance and minimize traffic congestion in the public streets. - The average class size will be 20 people per class and 2-3 employees. There are 32 available parking spaces in our parking lot. The entrance of the parking lot in the front and the back of the building has plenty of room to enter and exit on to Abbot without causing traffic hazards. There are two exits and entrances on to Weiland off of Abbot court which will also prevent traffic in public streets. B. The special use shall in all other respects conform to the applicable regulations of the zoning district in which it is located, except as such regulations may be varied. Notwithstanding the foregoing, business planned unit developments shall conform with Section 17.44.040D of this Title unless varied. C. The Plan Commission may recommend and the Corporate Authorities may impose such conditions and restrictions upon the subject property, the location, the construction and design of buildings and use of the property benefited by such special use as may be necessary or appropriate to comply with the foregoing criteria. D. Notwithstanding Chapter 17.52 of this Title, the Plan Commission may recommend and the Corporate Authorities may vary the regulations of the zoning district in which the special use is located subject to meeting the criteria of Section 17.52.070(A)(1) through 17.52.070(A)(3), except for planned unit developments which shall meet the general objectives of Section 17.28.050(A)(1) through 17.28.050(A)(7). (Ord. 2004-100 § 2, 2004) Packet Pg. 84 8.G.d 01 /16/2019 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, JANUARY 16, 2019 Call to Order The meeting was called to order at 7:30 PM by Chairman Frank Cesario Public Hearings/Items For Consideration Consider Approval of a Special Use for a Fitness Facility at 1350 Abbott Court (Trustee Stein) (Staff Contact: Chris Stilling) Chairman Cesario swore in those testifying in the case - Melissa Kleinberg (1550 Abbott) Chris Wright (1550 Abbott Court). Mr. Wright spoke about how they intended to use the facility. Commissioner Moodhe asked how many people per class were anticipated. Mr. Wright said that they could allow up to 30 people per class. There would only be two staff members until more were needed. Commissioner Moodhe asked if parking would be an issue. Mr. Wright said that they would have access to the loading dock as well as the 32 adjoining spots. Ms. Woods said that she was under the impression the cap would be 18. Commissioner Weinstein said that there was a dance studio at this location and asked about the driveway and island. He confirmed with the Petitioner that there was only one entrance in the back. He had a concern about the parking but was okay if the cap was per the proposal. Commissioner Khan asked about where the Junior High School was. Commissioner Khan confirmed with the Petitioner that the attendees would be 18 and over. The Petitioner mentioned working out the schedule with Staff to ensure timing of parking with neighbors. Commissioner Moodhe said that he anticipated having trouble meeting the parking requirements and did not know if this was something to worry about for a few years. Commissioner Goldspiel asked where the loading dock was. Ms. Kleinberg showed the location. Commissioner Goldspiel confirmed with the Petitioner that two cars could get to the back. Commissioner Au asked about the side entrance. Mr. Wright showed the location. Chairman Cesario said that this was a request for special use for a fitness center. There was some discussion regarding taking out the class cap as part of the special use as long as there were parking arrangements with the neighbors. Mr. Stilling said this was fine if it was reviewable. Packet Pg. 85 01/16/2019 8.G.d Commissioner Weinstein asked how many parking spots were handicapped, it was mentioned there were two handicapped spots. Commissioner Moodhe said that rehab classes were being considered as well. Mr. Wright said that these would be in the middle of the day and could be capped. Commissioner Weinstein asked if they could stipulate that the Village reserved the right to restrict class sizes. Staff and Commissioners agreed. Commissioner Moodhe suggested adding that this be included in a waiver. Ms. Woods said that this would not be necessary. Commissioner Goldspiel asked about signage to direct people to the back. Mr. Wright said that they would encourage this for regular attenders. Chairman Cesario entered the Village Staff report at Exhibit One. The public hearing closed at 9:05 pm Commissioner Weinstein moved for a positive recommendation for a petition for Special Use, subject to the following conditions: 1. The special use is granted to APX Sports and Fitness and the special use does not run with the land. 2. The special use granted to APX Sports and Fitness may be assignable to subsequent Petitioners seeking assignment of this special use as follows: i. Upon application of a petition seeking assignment of this special use, the Village of Buffalo Grove, in their sole discretion, may approve the assignment administratively, or may refer it to the Planning & Zoning Commission and/or the Village Board for a public hearing. ii. Such assignment shall be valid only upon the written approval of the Village of Buffalo Grove granting said assignment, which may be granted or denied for any reason. 3. The Village reserves the right to restrict class size and require transition times between classes as necessary to control overflow parking. 4. The Petitioner shall monitor traffic circulation and parking on the property and take appropriate measures, as approved by the Village, to ensure adequate parking is being provided. If the Village determines, in its sole discretion, that additional parking is required, the Petitioner shall provide parking in a manner acceptable to the Village. 5. Prior to the issuance of a certificate of occupancy, the existing driveway apron entering the property shall be repaired in a manner acceptable to the Village. Commissioner Au seconded the motion. Packet Pg. 86 01/16/2019 8.G.d Commissioner Weinstein said that he was in favor of this since this had been a recreational use already. Chairman Cesario said that this did not seem unreasonable and thanked them for the flexibility. RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS] Next: 2/19/2019 7:30 PM MOVER: Mitchell Weinstein, Commissioner SECONDER: Amy Au, Commissioner AYES: Moodhe, Cesario, Goldspiel, Khan, Weinstein, Au ABSENT: Matthew Cohn, Scott Lesser Adjournment The meeting was adjourned at 9:15 PM Chris Stilling APPROVED BY ME THIS 16th DAY OF January , 2019 Packet Pg. 87 9.A Ordinance No. 0-2019-6 : Ordinance Authorizing the Village Manager to Execute a Contract Extension with Waste Management ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,ll Staff recommends approval, subject to the final review and approval of the Village Attorney. Attached for the Board's consideration is an Ordinance allowing the Village Manager to enter into a 5-year contract extension with WM with the At Your Door Service. The proposed rate structure provides the Village with pricing predictability over the next 5-years while still maintaining continuity of service for our residents. Furthermore, with the addition of At Your Door, the Village is able to offer a much higher level of service than any other comparable community, while still keeping our rates within the market average. Staff recommends that the contract be subject to the final review and approval ATTACHMENTS: • BOT Memo 2.12.19 (DOCX) • Ordinance (DOCX) • Final Draft Agreement 2.14.19 (DOCX) • Exhibit B AYD (PDF) • Exhibit C (PDF) Trustee Liaison Weidenfeld Tuesday, February 19, 2019 Staff Contact Chris Stilling, Community Development Updated: 2/14/2019 1:24 PM Page 1 Packet Pg. 88 9.A.a VILLAGE RLJFFAI,,,O GROVE MEMORANDUM DATE: February 15, 2019 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development SUBJECT: Solid Waste Contract BACKGROUND In 2012, the Village entered into a new solid waste contract with Waste Management (WM), who has been the Village's waste hauler for over 20-years. This current contract has a term of seven (7) years and is set to expire on May 1, 2019, with the option for a 5-year extension. As discussed with the Village board at the February 4, 2019 Committee of the Whole meeting, staff introduced pricing options for the Village to consider as part of the 5-year contract extension. Based on the direction by the Village Board, staff has prepared the attached contract extension with WM for the Board's consideration. The following memorandum provides a summary the proposed extension. CURRENT RATES AND SERVICES When the Village entered into the 2012 contract with WM, one of the key goals was to have an "all- inclusive rate program" that includes refuse, landscape (no stickers) and recycling. Furthermore, the Village wanted predictability in the rate over time since most solid waste contracts have rates that are annually adjusted based on inflation. As a result, the 2012 contract included a flat rate for years 1-5 and a one-time rate increase of 5% that took effect in May 2017 through April 30, 2019. Rates are based on 2 categories of housing types: • Single-Family/Curbside Service (76% of Households use this service) - This includes all households with traditional curbside service including one -family, two-family, townhomes and some multi -family. • Multi-Family/Central Container - This includes condominium and apartment style homes with a central container. Table 1- Current Rates Single Family Unit/Curbside Service Unlimited solid waste, recycling and landscape collection with cart Unlimited solid waste, recycling with cart and landscape collection without cart (most popular) Multi -Family Unit/Central Container Unlimited solid waste collection and recycling in a central container Current Price based on Household (HH)/Month* $ 15.55 $ 14.50 $ 9.86 *The rates do not include the Solid Waste Agency of Northern Cook County (SWANCC) fee which is a flat fee that is added on WM's rate. The S WANCC fee for Single Family is $5.65/HH and $4.55/HH for Multi Family. These rates have not changed since 2013. Page 1 of 5 Packet Pg. 89 9.A.a Comparable Communities With the assistance of SWANCC, staff has been able to obtain the current rates from other comparable communities. These comparable communities represent municipalities that have an "all-inclusive rate program" that includes refuse, landscape (no stickers) and recycling. The rates shown below are based on single family households with curbside pick-up. The rates reflect the most current information however; most of these contracts are tied to inflation. None of these communities offer the AYD service. Table 2- Comparable Community Rates Municipality Hauler 2019 Cost/HH/Month* Contract Date -Barrington.................................................Groot ............... ............................... ........$....19.32...... ............... ...................... ..............2015 .................... Lincolnwood Groot $ 15.43 2017 Mount Prospect** Republic $ 12.01 2017 Palatine Groot $ 17.44 2016 Park Ridge Groot $ 14.40 2016 Prospect Heights Republic $ 15.15 2014 Wheeling WM $ 16.19 2017 Wilmette Veolia $ 19.71 2016 Average $ 16.21 Buffalo Grove WM $ 14.50 2012 * The rates do not include the SWANCC fee ** Mount Prospect utilizes a commercial franchise to subsidize the residential rate PROPOSED 5-YEAR RATES AND SERVICES Last summer, staff began discussions with WM about a contract extension and received several cost proposals. As previously discussed, staff was able to obtain two pricing options, depending on the type of service. Based on discussions with Trustees and staff's recommendation, it was determined that the best option was the 5-year extension with "At Your Door Service" (AYD). Located below is a summary of the 5-year extension with a single rate increase in Year 1 and another single rate increase in Year 3. Rates would not change in Year 2, Year 4 or Year 5. The percentage represents the rate increase from the prior year's rate. Table 4- Option 1l Rate Proposal ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Single Family Unit/Curbside Service Current Price Proposed Cost for Proposed Cost for years (HH/Month)* years 1 & 2 3-5 (HH/Month)* (HH/Month)* Unlimited solid waste, recycling -and landscape $ 15.55 ... $ 16.25 $ 17.25 collection with cart 4.5% 6.2% At Your Door Service (AYD) N/A $ 1.40 $ 1.40 Total $ 15.55 $ 17.65 $ 18.65 Unlimited solid waste, recycling with cart andit $ 14.50 $ 15.15 $ 16.15 landscape collection without cart (most popular) 4.5% 6.6% At Your Door Service N/A $ 1.40 $ 1.40 Total $ 14.50 $ 16.55 $ 17.55 Multi -Family Unit/Central Container Unlimited solid waste collection and recycling in a $ 9.86 $ 10.30 $ 10.95 central container 4.5% 6.6% At Your Door Service N/A $ 1.40 $ 1.40 Total $ 9.86 $ 11.70 $ 12.35 ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... * The rates do not include the SWANCC fee Page 2 of 5 Packet Pg. 90 9.A.a At Your Door Service The At Your Door Service (AYD) is an additional monthly service allowing residents the ability to dispose of many of the difficult, sometimes hazardous and hard to recycle materials that many households accumulate (electronics, TVs, paint chemicals, etc.). For references purposes, the typical cost to recycle a TV through Best Buy's Electronic Recycling Program is $25/item brought to the store. If someone wants the item picked up by Best Buy, it can cost $99.99. The AYD program would cost each household $16.80/year; however, the Village would receive a 2.3% reduction in the cost for curbside service. Therefore the net cost of AYD would be $1.05/month. With AM residents can easily and responsibly dispose of all their items witinout having to leave their home. wM's technicians visit the residents' home and collect a wide range of recyclable items, including: Automotive products IHousehold cleaners and garden che:miicalls Sllnarps and syringes Il:::llectironiics and TVs - If�aiint: products The AYD program allows residents to contact WM directly and schedule a convenient time for pick-up. _ Batteries and fluorescent light bulbs By providing the AYD program, residents no longer need to come to the Village Hall and drop off their fluorescent light bulbs or sharps/syringes. Furthermore, the AYD program can allow residents to resume recycling their batteries since the Village had to eliminate the program in 2018 due to vendor issues. In order for the Village to receive AYD service, all households would be required to pay the AYD fee shown above with a 3-year commitment. The cost for the AYD service would remain constant at $1.40/HH. Following the completion of year 3 and after a review of the participation rate, the Village will have the option to opt out of the AYD program. Should the Village opt out of the AYD program after Year 3; rates would be based upon the attached pricing exhibit, without AYD service. Other Services The solid waste contract also covers costs for several other services. The following is a summary of the current cost of these services as they relate to the contract extension: Table 5- Rate Proposal of Other Services ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Service Additional weekly pick-up White Good Collection Bulk Item Emergency Collection Additional Cart Cart Change Out Fee Senior Discount (65 and older) Current Price $4.46/H H/Month $40.00/Item 1 item free plus $15.00/item after $50.40/ton plus $131/hour $2.00/H H/Month $25.00/instance, except for the free 1-time annual change out 10% Proposed Cost for years 1 & 2 Proposed Cost for years 3-5 $4.75/H H/Month $40.00/Item 1 item free plus $25.00/each additional $58/ton plus $145/hour $2.50/H H/Month $35.00/instance, except for the free 1-time annual change out 10% $5.04/H H/Month $40.00/Item 1 item free plus $25.00/ each additional $58/ton plus $145/hour $2.50/H H/Month $35.00/instance, except for the free 1-time annual change out 10% Leaf Assistance $9.45/cubic yard plus $10.86/cubic yard plus $11.51/cubic yard plus $131/hour $145/hour $145/hour .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 3 of 5 Packet Pg. 91 9.A.a COMPARISON As part of staff's analysis, we compared the proposed rate structures for both options in relation to the future rates of the SWANCC communities. The table below shows the new 5-Year rate structure for Buffalo Grove with AYD Service against the average rate from the comparable communities, factoring inflation. Comparison to Other Communities Based on the Most Common Service S18.00 S11.5o 517.00 51 $16.50 $10.. 1 $16.00 S15.50 2019 2020 2021 2022 2023 -0- N— SG Rage woth .AYD Se, v - --*—Ag CC Rate (,vAh 2.5% CM adi—ti ,A ) $27.89 KEY TERMS OF THE NEW CONTRACT Attached for the Board's consideration is a 5-year contract extension with WM. Rather than utilizing the previous contract for key terms, a new contract was created that better reflects the Village's requirements. The new contract would take effect May 1, 2019 and expire on April 30, 2024. The following are some of the key terms of the contract: • Rates would be established in accordance with the attached pricing chart included as Exhibit A to this memorandum. • Services would remain unchanged as compared to the previous contract, however AYD Service would be provided to all households for a monthly cost of $1.40/household per month with a 3- year commitment. • Following the completion of year 3 and after a review of the participation rate, the Village will have the option to opt out of the AYD program. Should the Village opt out of the AYD program after Year 3; rates would be adjusted in accordance to Exhibit A, without AYD service. • WM will still provide hauling services to Village facilities at no cost. Furthermore, WM will provide hauling services for special events such as BG Days, national night out, July 4th Fireworks and Farmers Market. • WM is providing the Village with a Community Support donation. Staff is recommending that this amount be $15,000 per year over the life of the agreement. Staff is still waiting for Waste Management's final acceptance of this amount. The donation can be used at the Village's discretion as it pertains to environmental issues and education. There are a few final items in the contract, unrelated to the pricing, that still need to be reviewed more closely by the Village Attorney. These items are regarding language associated with Exhibit A (Recycling Contamination). Therefore, staff is recommending that the approval of the contract be subject to the final review and approval by the Village Attorney. Page 4 of 5 Packet Pg. 92 9.A.a NEXT STEPS/COMMUNICATION STRATEGY With the approval on February 19, 2019, the Village will have over 2-months (March and April) Feb.19, 2019 �\ March & April '� May 1, 2019 2019 to communicate the changes to Approve a contract Publicizenewa New rates and extension rates and services AXDservice goes the contract including the new into effect rates as well as the AYD program. wry As part of our communication strategy, staff will be working with WM to develop handouts and brochures that can be shared with the community educating them about the AYD service. These items will be developed so that they can be delivered electronically through the weekly E-News, Village website and social media (Facebook and Next Door). Furthermore, staff will provide the information in the May/June Village -Wide newsletter and share it on BGTV. Staff will also be sending letters to all the HOA's and Management Companies that coordinate these services for their residents, particularly in the multi -family developments. RECOMMENDATION Staff recommends that the Village Board approve an Ordinance allowing the Village Manager to enter into a 5-year contract extension with WM with the At Your Door Service. The proposed rate structure provides the Village with pricing predictability over the next 5-years while still maintaining continuity of service for our residents. Furthermore, with the addition of AYD, the Village is able to offer a much higher level of service than any other comparable community, while still keeping our rates within the market average. Staff recommends that the contract be subject to the final review and approval by the Village Attorney. Page 5 of 5 Packet Pg. 93 9.A.b ORDINANCE NO. 2019 - AN ORDINANCE AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A 5-YEAR AGREEMENT WITH WASTE MANAGEMENT FOR SOLID WASTE, RECYCLING AND LANDSCAPE WASTE DISPOSAL VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS WHEREAS, the Village of Buffalo Grove ("Village") is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, in 2012, the Village entered into an agreement with Waste Management ("Contractor") for solid waste, recycling and landscape waste disposal ("Prior Agreement"), which is set to expire on May 1, 2019; and, WHEREAS, the Prior Agreement includes a provision that allows for a 5-year extension; and, WHEREAS, the Contractor and the Village have agreed to terms and conditions outlined in a new 5-year Agreement effective May 1, 2019 ("Agreement") and attached hereto as Exhibit A; and, WHEREAS, the President and Village Board of Trustees after due and careful consideration have concluded that the Agreement is in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This Ordinance is made pursuant to and in accordance with the Village's O Municipal Code and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. c =a Section 2. The Corporate Authorities hereby grant approval of the Agreement and authorize the Village Manager to execute the Agreement, subject to the review and approval of the Village Attorney. t U �a a Packet Pg. 94 9.A.b 2 Section 3. This Ordinance shall not be codified. AYES: NAYS: ABSENT: PASSED: APPROVED: ATTEST: Village Clerk APPROVED: Beverly Sussman, Village President Packet Pg. 95 9.A.b 3 E EXHIBIT A a� Municipal Solid Waste, Recycling and Landscape Waste Agreement d 41 z �3 c O y C G1 K W u L O u I� u Packet Pg. 96 9.A.c MUNICIPAL SOLID WASTE, RECYCLING AND LANDSCAPE WASTE AGREEMENT This Municipal Solid Waste, Recycling and Landscape Waste Agreement (the "Agreement") is entered into on , 2019 (the "Effective Date"), by and between the Village of Buffalo Grove, Illinois, a municipal corporation created under the laws of the State of Illinois ("Village"), and Waste Management of Illinois, Inc. ("Contractor"), a Delaware corporation. Recitals A. The Village desires to provide its citizens with environmentally sound solid waste collection and disposal, recyclable materials collection and landscape waste collection; B. Contractor and its affiliates have extensive experience in providing solid waste, landscape waste and recyclable materials collection, disposal and processing; and C. The Village has determined that it would be in the best interests of its citizens to contract with Contractor for the collection of its residential solid waste, recyclable materials and landscape waste according to the terms and conditions contained herein. Agreements I. DEFINITIONS a. Acceptable Waste - shall mean all non -hazardous solid waste generated by households in the ordinary course including food wastes and discarded papers, cardboard, plastics, cloth, glass and metal materials, but excluding Excluded Waste as defined herein. Waste shall be considered "Acceptable Waste" only if properly contained in a Contractor provided Cart placed at the curbside on the proper weekly collection day, but occasional overflow of waste is permitted if properly sealed in plastic garbage bags or in rigid sided 32-gallon containers in proximity to the Cart. Each bag or container must weigh no more than 50 lbs. As used herein, the term "waste" shall mean Acceptable Waste unless the context demonstrates otherwise. Title to Acceptable Waste shall transfer to Contractor upon collection in Contractor vehicles. b. Bulk Items - shall mean larger furniture -type items such as couches, chairs, mattresses, tables and other furniture pieces including carpeting that has been cut, tied and bundled into rolls no larger than four (4) feet long and each bundle weighing no more than 50 lbs. Bulk items to not include electronic waste. C. Excluded Waste - shall mean, without limitation, any regulated quantity of a Hazardous Waste or Hazardous Substance as defined by federal, state or local laws or regulations; containerized wastes, the contents of which are not able to be identified; sludges; waste from a pollution control process or cleanup of a spill of a chemical substance or commercial product; waste tires; biohazards or regulated medical waste; friable asbestos; construction and demolition waste; soil, sod, tree branches and stumps; paint; motor oil;; or any item too large or heavy to be contained within a 96-gallon Cart; or any waste or material that is prohibited from being received, managed or disposed of at the disposal facility. Title to and liability for Excluded Waste shall remain with the resident that generated the Excluded Waste at all times. The Contractor may accept incidental quantities of construction type materials provided that it does not exceed one cubic yard, it is properly bundled or contained in the provided cart, and that one person can safely load the materials into the collection vehicle. d. Landscape Waste.- shall mean leaves, grass, shrubbery clippings, and similar garden waste. This material must be placed at the curb in biodegradable Kraft paper bags, or rigid sided containers. Containers cannot exceed 32-gallons and bag bags or containers must not weigh more than 50 lbs. Twigs and branches can be bundled in four foot long by two foot diameter bundles, tied and left at the curb for pick-up. Branches must be less than three inches in diameter. Packet Pg. 97 9.A.c e. Recyclables or Recyclable Materials - are defined in Exhibit A. Title to Recyclable Materials shall transfer to Contractor upon collection in Contractor vehicles. f. Residential Unit - shall mean all single-family residential units, 2-family residential units, attached and detached town homes, coach homes, and duplexes, collectively Single Family Unit. It shall also include all multifamily residential dwellings whether classified as apartments, condominiums, or residential units that are combined with commercial and/or industrial units, collectively Multifamily Unit. g. Senior Rate - Residents 65 and older must show proof of age to the Village to receive senior discount. h. System Waste - shall mean all Acceptable Waste that the Village has contractually agreed will be disposed of in a Solid Waste Agency of Northern Cook County ("SWANCC") facility. i. White Goods - shall mean white goods as defined by the Illinois Environmental Protection Act, 415 ILCS 5/22.28, as amended or in rules promulgated thereunder. H. TERM The initial term of this Agreement shall be for five (5) years commencing on May 1, 2019, and ending on April 30, 2024. Agreement may be extended for an additional five (5) years upon the mutual agreement of Contractor and Village. At the end of any term the Village of Buffalo Grove reserves the right to extend this agreement for a period of up to one hundred and eighty (180) days for the purpose of securing a new agreement provided; however, that Contractor may increase rates by the combined average CPIU Chicago All Other for the last three years or six percent (6%), whichever is less, immediately prior to the commencement of the 180 day extension period. III. SERVICES a. Contractor shall furnish the labor, equipment, licenses, permits, and other requirements o necessary to provide Acceptable Waste Recyclable Material and Landscape Waste collection to all Residents of the Village, which currently consists of an estimated 14,900 Residential Units (the Q "Service"). As part of the Service, Contractor shall: c i. Standard of Performance. The Contractor shall undertake to perform all disposal services rendered hereunder in a neat, orderly and efficient manner, and to use care and diligence. ii. Cart Supply. Each Single Family Residential Unit has already been provided a 95-gallon Cart for Acceptable Waste and a separate 65-gallon Cart for Recyclable Materials. Residential Units may change cart sizes (35, 65, 95 Gallon)free of charge from May 1 through May 31 CD 0 during each year of the Agreement. Contractor will charge Residential Units the fee as set o forth on Exhibit C for replacing the cart with a different size cart if the option is not exercised between May 1 through May 31 each year. The replacement carts may be rn 7 refurbished and not necessarily brand new, in either case replacement carts must be clean. r New Residential Units will be provided a 35, 65, or 95-gallon Cart for Acceptable Waste N and a separate 35 or 65-gallon Cart for Recyclable Materials as Units are added to the CD E Village. The Carts and equipment Contractor furnishes Residents and the Village shall L remain Contractor's property. a iii. Additional Carts. Each Residential Unit shall have the option to rent an additional cart for Acceptable Waste and/or Recyclable Materials for the fee as set forth on Exhibit C. o iv. Acceptable Waste Collection Frequency. Days and Times. Acceptable Waste shall be collected from the curbside once per week from each Residential Unit on a weekday or U_ weekdays to be agreed by Contractor and Village unless a second weekly service is c requested by the customer. Collections shall occur during ordinary hours but in no instance E earlier than 6:00 a.m. All Acceptable Waste must be placed at the curb for collection no later than 6:00 a.m. on scheduled day of collection. Q V. Recyclable Materials Collection Frequency, Days and Times. Contractor shall provide 2 Packet Pg. 98 9.A.c recycling collection services once per week from each Residential Units on a weekday or weekdays to be agreed by Contractor and Village. Collections shall occur during ordinary hours, but in no instance earlier than 6:00 a.m. All Recyclables Materials must be placed at the curb for collection no later than 6:00 a.m. on scheduled day of collection. The Village and Residential Units shall ensure that only materials acceptable in accordance with Exhibit A are placed in the recycling containers. Contractor reserves the right to refuse recycling services where the materials are not properly segregated from waste or other non - recyclable material. vi. Landscape Waste Collection Frequency, Days and Times. Contractor shall provide landscape waste collection services to Residential Units on a weekly basis beginning on April 1st of each year and concluding on December 15th of each year. All Landscape Waste must be placed at the curb for collection no later than 6:00 a.m. on scheduled day for collection. Residential Units must place Landscape Waste out on collection day in biodegradable Kraft paper bags or containers. The containers cannot exceed 32-gallons in size and 50 lbs. vii. Christmas Tree Collection. Residents may set out two (2) Christmas tree per Residential Unit to be collected on the designated collection day during the first two weeks of January each year. Christmas trees must be clean (e.g., no ornaments, lights or tinsel), unbagged and under 6 feet in length (or cut into 2 pieces, each under 6 feet in length, if tree is greater than 6 feet tall). viii. At Your Door Special CollectionsM program. Contractor shall provide for the collection of electronics and household hazardous waste with the At Your Door Special CollectionsM program (AYD) to all Residential Units in accordance with Exhibit B if elected by the Village. The Village shall have the right to discontinue the AYD program, after April 30, 2022, by providing the Contractor with at least sixty (60) days' written notice. The Parties agree that this right to discontinue applies solely to the AYD program; not to any other services described in this Agreement. The service fee per Residential Unit shall be adjusted as set forth on Exhibit C. At the request of the Village, Contractor shall provide the Village with an accounting of how many Residential Units have participated in the AYD service for any period of time. ix. Exclusions from the Service. Notwithstanding anything to the contrary herein, the Service shall not include white goods collection, construction or demolition waste collection. Services to commercial establishments are not covered by this Agreement. X. Disposal. Contractor shall transport for processing all System Waste collected pursuant to this Agreement to SWANCC's Glenview Transfer Station. System Waste shall not be commingled with any non -system or private waste or with waste from outside the boundaries of the Village unless authorized by the Village Manager. Non -system waste, defined as Recyclables, Landscape Waste and Bulk Items, including White Goods, shall be transported to a facility or facilities licensed and permitted under all applicable local, state and federal laws and regulations. xi. Holiday Schedule. The following shall be designated holidays on which the Service shall not be provided: New Year's Day, , Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the succeeding Friday, Christmas Eve, Christmas Day. If a designated holiday falls on a regularly scheduled Service day, the Service will be performed on the next weekday xii. Cart Replacement. Contractor shall replace at no charge to the Village or the individual Residential Unit any Cart that becomes damaged or destroyed during the provision of the Service, or that becomes unusable because of ordinary wear and tear. However, if a Cart in the possession of a Residential Unit is lost, stolen, damaged, or destroyed through no fault of Contractor, the occupant of the Residential Unit shall be responsible to compensate Contractor the fair market value for the replacement of such Cart. The Residential Unit 3 Packet Pg. 99 9.A.c shall be billed separately for such replacement cost. b. Bulk Items. Contractor shall collect up to one (1) bulk item per week per Residential Unit at41 no additional cost. Residential Units will be responsible to contact Contractor and make arrangements for collection of additional Bulk Items on an individual basis. C. White Goods. Contractor shall collect White Goods for the fee as set forth on Exhibit C per 3 item. Residential Units must contact Contractor to make arrangements for collection of all White c .y Goods and pay in advance for the service. d. Special Pick Up and Optional Service. All of the Acceptable Waste not heretofore provided w for may be collected and disposed of at an additional rate agreed upon separately between Contractor and Residential Units. e. Compliance with Laws. The Services shall be performed in accordance with all applicable v statutes, laws, rules, regulations and ordinances. Specifically, Contractor and Village warrant and affirm that they shall comply with all laws and regulations applicable to public contracts. 3 f. Personnel and Equipment. The Service shall be performed by properly trained and licensed x personnel in adequate numbers and with adequate vehicles and equipment to complete the Service in W a safe and timely manner. i g. Employees and Conduct. The Contractor shall prohibit any drinking of alcoholic beverages or a, the use of any controlled substances, except by doctor's prescription, by its drivers and crew members while on duty or in the course of performing their duties required under the terms of this Contract. In the event that any of the Contractor's employees is deemed by the Village to be unfit or unsuitable to t perform the services required under the terms of this proposal as a result of intoxication, drug use, incompetence, or by virtue of abusive or obnoxious behavior; then, upon request of the Village, the s Contractor shall remove such employee from work within the Village and replace him/her with a suitable and competent employee. Contractor shall provide courteous personnel on its collection crews N and courteous and knowledgeable personnel in its customer serviceand billing/payment functions. o h. Vehicles. All vehicles shall be maintained in good working order and appearance. No vehicle shall be operated on the Village streets that leaks any fluids from the engine or compacting mechanism. Q All vehicles shall display the name of the Contractor, and a vehicle identification number that is clearly visible on both sides of thevehicle. c i. Spills. Contractor shall be responsible for cleaning any fluids, municipal waste, landscape waste or recyclables that leak or otherwise spill from any vehicle. In the event the Village cleans any fluids, waste or recyclables that leak or otherwise spill from any vehicle, the Contractor shall be responsible CD for reimbursing the Village for any and all costs associated with the clean-up. N j. Complaints and Missed Pick -Ups. All complaints as to Contractor's provision of the Service, o including alleged missed pick-ups, shall be given prompt and courteous attention. Contractor shall rn attempt to resolve all complaints promptly, and shall cure all missed pick-ups that are not the result of .4 force majeure events within one (1) weekday, conditions permitting. The Village and Contractor shall T N establish a mutually agreed to Customer Service Plan which shall include but not be limited to CD performance metrics for management and service of customer service calls and Contractor contacts E with the public. The Contractor shall maintain an office and telephone service, with either a local exchange or a toll -free number, for the receipt of service calls or complaints, and shall be available for a such calls on all working days from 7:00 a.m. to 5:30 p.m. Calls made after the time period noted shall L be answered by an answering service which records all calls. When requested, the Contractor shall report to the Village the status of service calls or complaints and shall maintain a daily log of such calls = or complaints received, which record shall be open to the Village for inspection at any reasonable time. A monthly report of service calls or complaints shall be provided to the Village by the Contractor. k. Anti -Discrimination. In performing the Service, Contractor shall not discriminate against any M person on the basis of race, religion, sex, national origin, political affiliation, or physical and mental 2 disability. Q Exclusive. The Village grants the exclusive right to perform the Services set forth in this 4 Packet Pg. 100 9.A.c Agreement. The Village agrees that it will not allow anyone other than Contractor to lease carts to residents or engage in the collection of residential waste or recyclables within the Village IV. MUNICIPAL LOCATIONS AND SPECIAL EVENTS Contractor shall provide the Village with the following services at no additional charge: a. Village Requested Clean Ups - Contractor shall conduct curbside clean ups for activities including but not limited to illegally dumped refuse, code violations, foreclosures and emergencies as determined by the Village, The Contractor will determine the appropriate method and time for the clean ups so long as said waste is non -hazardous and is within the scope of this Agreement at no additional cost to the Village. b. Public Building/Areas Collection - Contractor shall be required to collect Acceptable Waste and Recyclable Materials via commercial containers, provided by the Contractor, once per week at no cost from the following locations: i. Arboretum Golf Course, 401 Half Day Road ii. Arboretum Maintenance Building, 451 Half Day Road iii. Buffalo Grove Golf Club, 48 Raupp Boulevard iv. Buffalo Grove Maintenance Shop, 454 Old Checker Road V. Buffalo Grove Metra Station, 825 Commerce Court vi. Fire Station #25, 505 W. Dundee Road vii. Fire Station #26, 109 Deerfield Parkway viii. Fire Station #27, 100 Half Day Road ix. Police Department, 46 Raupp Boulevard X. Public Works, 51 Raupp Boulevard xi. Village Hall, 50 Raupp Boulevard C. Special Events - the Contractor shall provide roll -offs and carts to the Village each year for special community events including but not limited to the following: i. Buffalo Grove Days - fifty (50) 96-gallon wheeled carts for garbage, twelve (12) 8-yard containers for trash, two thousand (2,000) plastic toter bags for garbage, fifty (50) 96- gallon recycling carts, one thousand five hundred (1,500) recycling bags, and two (2)20-yard containers. 8-yard containers are to be emptied every morning of the event no later than 7:30 a.m. ii. A Fine Arts Festival or similar event iii. National Night Out iv. July 41h Fireworks V. Farmers Market/Environmental Fair d. Roll Off Services - the Contractor shall provide 20-yard or 40-yard roll offs as available by the Contractor to the Village at no additional charge. The Village must provide the Contractor with at least 48 hours' notice for placement of these containers. V. FEES AND PAYMENTS L a. Service Fee per Residential Unit. The fees to be paid by each Residential Unit to Contractor a for all services provided in this Agreement for the period of May 1, 2019 through April 30, 2024, are listed on Exhibit C. In addition, Contractor shall add to its charges the applicable SWANCC fee, as o adopted by the Village that will be collected by the Contractor and paid to the Village. b. Invoices and Payment. Contractor will perform the billing and collection of fees from each U_ Residential Unit within the Village. Contractor will individually invoice each Residential Unit within the Village on a quarterly basis in advance for the services to be provided herein. Payments shall be E due within thirty (30) days of billing. The maximum interest permitted by law shall be applied to balances due and unpaid after more than fifteen (15) days beyond the due date. Q C. Payment of SWANCC Fees. The Contractor shall, on a monthly basis, pay to the Village an 5 Packet Pg. 101 9.A.c amount equal to the monthly SWANCC fees it has collected as a result of its last monthly invoices. d. Changes in Law. Notwithstanding anything to the contrary in this Agreement, Contractor may modify the rates to account for any increase in costs due to uncontrollable circumstances, including, without limitation, changes to local, state or federal laws or regulations, disposal or processing costs, third party transportation costs, imposition of taxes, fees or surcharges, municipal franchise fee increases and acts of God such as floods, fires, etc. Contractor shall provide a minimum 120 day notice prior to changes in the costs. VI. EDUCATIONAL PROGRAMS Contractor will develop and distribute a service brochure to residential customers in a manner acceptable to the Village. The brochure will detail the services provided to the residents through Contractor. Whenever there is a change in the service or programs provided, including permanent changes in regularly scheduled collection times, a service brochure shall be issued. The brochure shall include a toll -free telephone number of the Contractor to be used for customer complaints as required herein. VII. COMMUNITY SUPPORT By May 1, 2019 and annually by May 1 thereafter during the term of the Agreement, Contractor shall provide to the Village a community support donation in the amount of $15,000.00 to be used for environmental beneficial purposes as selected by the Village. VIII. DEFAULT AND TERMINATION The failure of either Party to perform a material obligation under this Agreement shall be considered a breach of this Agreement, and the breaching Party shall be in default. In the event of default, the non -defaulting Party shall give written notice of the default, and the defaulting Party shall have: (i) ten (10) days from the receipt of the notice to cure any failure to pay money under this Agreement, or (ii) thirty (30) days from the receipt of the notice to cure any other default under this Agreement. If the defaulting Party fails to cure the breach within the allotted time, the non- defaulting Party may, at its option, immediately terminate the Agreement. In the event of a default, the defaulting Party agrees to pay all damages caused by said default, to include, without limitation reasonable attorneys' fees and costs associated with enforcement of this Agreement. IX. FORCE MAJEURE Contractor's performance of the Service may be suspended and its obligations hereunder excused during the pendency of a cause or causes beyond its reasonable control, such as by way of example and not limitation: acts of war, public enemy, civil disturbance, riot or disorder; epidemic or pandemic; acts of God such as landslide, lightning, earthquake, fire, storm, the impending approach of a storm, or flood; explosion; restraining orders, interference by civil or military authorities, strike, statute, ordinance, government order or ruling; or other similar causes. In the event of an occurrence of a force majeure event, Contractor shall notify the Village immediately, in writing, describing the particulars of the circumstances preventing performance of the Service and its expected duration. Notice shall be provided after the effect of such occurrence has ceased. X. INDEMNIFICATION a. Contractor agrees to indemnify, defend, and hold the Village harmless from and against all claims and actions, suits, debts, damages, liabilities, fines, fees and costs whatsoever, including but not limited to attorneys' fees and costs of defense, based upon or arising out of the breach of this Agreement, and based upon or arising out of any injuries (including death) to persons, or 6 Packet Pg. 102 9.A.c damage to property or violation of any law or regulation, to the extent caused in whole or in part by the acts or omissions of Contractor, or any of its directors, officers, employees, agents, or subcontractors, in the performance of this Agreement. b. Notwithstanding any provisions to the contrary, Contractor shall not be responsible for any damage to pavement or curbing that is the result of ordinary wear and tear during the performance of the Service. C. The indemnification obligations of this section shall survive the termination or expiration of this Agreement for any reason. d. No elected or appointed official, agent or employee of the Village shall be personally liable to Contractor as a result of execution of this Agreement. XI. INSURANCE Contractor shall procure and maintain, for the duration of the Contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. a. Minimum Scope of Insurance Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village of Buffalo Grove named as additional insured on a primary and non-contributory basis. This primary, non-contributory additional insured coverage shall be confirmed through the following required policy endorsements: ISO Additional Insured Endorsement CG 20 10 or CG 20 26. i. Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village named as additional insured, on a form at least as broad as the ISO Additional Insured Endorsement CG 2010 and CG 2026 ii. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any Auto." iii. Workers' Compensation as required by the Labor Code of the State of Illinois and Employers' Liability insurance. iv. Environmental Impairment/Pollution Liability Coverage for pollution incidents as a result of a claim for bodily injury, property damage or remediation costs from an incident at, on or migrating beyond the contracted work site. Coverage shall be extended to provide coverage for incidents occurring during transportation of pollutants. b. Minimum Limits of Insurance: Contractor shall maintain limits no less than: i. Commercial General Liability: $5,000,000 combined single limit per occurrence for bodily injury and property damage and $5,000,000 for personal and advertising injury. The general aggregate shall be twice the required occurrence limit or shall apply per project. Minimum General Aggregate shall be no less than $3,000,000 ii. Business Automobile Liability: $5,000,000 combined single limit per accident for bodily injury and property damage. iii. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with statutory limits and Employers' Liability limits of $500,000 per accident. iv. Environmental Impairment/Pollution Liability: $2,000,000 combined single limit per incident for bodily injury, property damage and remediation costs V. Umbrella or excess liability coverage of $10,000,000 per occurrence and in aggregate. Packet Pg. 103 9.A.c C. Deductibles and Self -Insured Retentions Any deductibles or self -insured retentions shall be for the account of the Contractor and paid entirely by Contractor without contribution from the Village. d. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: General Liability and Automobile Liability Coverages: The Village, its officials, agents, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Village, its officials, agents, employees and volunteers, as additional insureds. With regard to the services provided by Contractor under this agreement, the Contractor's insurance coverage shall be primary and non-contributory as respects the Village, its officials, agents, employees and volunteers. Any insurance or self-insurance maintained by the Village, its officials, agents, employees and volunteers shall be excess of Contractor's insurance and shall not contribute with it. The Contractor's insurance shall contain a Severability of Interests/Cross Liability clause or language stating that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the Contractor shall be required to name the Village, its officials, employees, agents and volunteers as additional insureds All general liability coverages shall be provided on an occurrence policy form. Claims -made general liability policies will not be accepted. The contractor and all subcontractors hereby agree to waive any limitation as to the amount of contribution recoverable against them by the Village. This specifically includes any limitation imposed by any state statute, regulation, or case law including any Workers' Compensation Act provision that applies a limitation to the amount recoverable in contribution such as Kotecki v. Cyclops Welding e. All Coverages: No Waiver. Under no circumstances shall the Village be deemed to have waived any of the insurance requirements of this Contract by any act or omission, including, but not limited to: i. Allowing work by Contractor or any subcontractor to start before receipt of Certificates of Insurance and Additional Insured Endorsements. ii. Failure to examine, or to demand correction of any deficiency, of any Certificate of Insurance and Additional Insured Endorsement received. Each insurance policy required shall have the Village expressly endorsed onto the policy as a Cancellation Notice Recipient. Should any of the policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. Packet Pg. 104 9.A.c Contractor shall comply with the reporting provisions of each policy so that coverage afforded to the Village is not affected. f. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A-, VII and licensed to do business in the State of Illinois. g. Verification of Annual Coverage Contractor shall furnish the Village with certificates of insurance naming the Village, its officials, agents, employees, and volunteers as additional insured's and with original endorsements, affecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the Village before any work commences. h. Subcontractors Contractor shall include all subcontractors as insured's under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of the requirements stated herein. i. Assumption of Liability The Contractor assumes liability for all injury to or death of any person or persons including employees of the contractor, any subcontractor, any supplier or any other person and assumes liability for all damage to property sustained by any person or persons occasioned by or in any way arising out of any work performed pursuant to the Contract. j. Workers' Compensation and Employers' Liability Coverage The insurer shall agree to waive all rights of subrogation against the Village of Buffalo Grove, its officials, employees, agents and volunteers for losses arising from work performed by Contractor for the municipality. XII. PERFORMANCE BOND Contractor shall provide the Village with a performance bond in the amount of Five Hundred Thousand Dollars ($500,000.00) which shall be maintained in full force and effect throughout the term of this Agreement and any extensions thereof. XIII. MISCELLANEOUS PROVISIONS a. Independent Contractor. Contractor shall perform the Service as an independent contractor. Contractor, its officers, employees, agents, contractors or subcontractors, are not and shall not be considered employees, agents or servants of the Village for any purpose whatsoever under this Agreement or otherwise. Contractor at all times shall have exclusive control of the performance of the Service. Nothing in this Agreement shall be construed to give the Village any right or duty to supervise or control Contractor, its officers, employees, agents, contractors, or subcontractors, nor to determine the manner in which Contractor shall perform its obligations under the Agreement. b. Amendments. No amendment to this Agreement shall be made except upon the written consent of both Parties. 9 Packet Pg. 105 9.A.c C. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the Parties hereto with respect to the subject matter and supersedes any prior and contemporaneous agreements and understandings, express or implied. d. Waiver. A waiver by either Party of any breach of any provision hereof shall not be taken or held to be a waiver of any subsequent breach, whether similar or dissimilar, or as a waiver of any provision itself. No payment or acceptance of compensation for any period subsequent to any breach shall be deemed a waiver of any right or acceptance of defective performance. e. Severance. In the event that any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid, or unenforceable, the balance of this Agreement shall remain in effect and binding on the Parties. f. Choice of Law. This Agreement shall be governed by the laws of the state where the services are being performed, without regard to choice of law rules. g. Assignment. Neither Party may assign its rights and obligations under this Agreement without the prior written consent of the other Party. h. Calendar Days and Time. Unless otherwise provided in this Agreement, any reference in this Agreement to "day" or "days" shall mean calendar days and not business days. If the date for giving of any notice required to be given, or the performance of any obligation, under this Contract falls on a Saturday, Sunday or federal holiday, then the notice or obligation may be given or performed on the next business day after that Saturday, Sunday or federal holiday. i. No Waiver of Tort Immunity. Nothing contained in this Agreement shall constitute a waiver by the Village of any right, privilege or defense available to the Village under statutory or common law, including, but not limited to, the Illinois Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq., as amended. j. Freedom of Information. To the extent the Illinois Freedom of Information Act (ILCS 140/1 et seq.) ("FOIA") applies to Contractor, Contractor agrees to comply with FOIA. Contractor agrees to defend, indemnify and hold harmless the Village, and agrees to pay all reasonable costs connected therewith (including, but not limited to reasonable attorney's and witness fees, filing fees and any other expenses) for the Village to defend any and all causes, actions, cause of action, disputes, prosecutions, or conflicts arising from Contractor's violation of the applicable provisions of FOIA. k. Notice. All notices required or permitted under this Agreement shall be in writing and shall be personally delivered, sent by certified mail, return receipt requested, or by overnight courier, with copies to counsel for the respective Parties as set forth below: To Village: To Contractor: 10 Packet Pg. 106 9.A.c 1. Natural Disaster Clean -Up. Contractor shall provide special collections for severe storm damage and/or after a natural disaster such as a tornado, flood, etc. Contractor shall collect any Acceptable Waste, Bulk Items and Landscape Waste that may have accumulated from the severe weather or natural disaster. If the circumstances require that those items be collected more frequently, then the regular service intervals, it shall be Contractors responsibility to accommodate this need and the Village shall pay the costs associated with this service as set forth in Exhibit C. IN WITNESS THEREOF, the parties have executed this Municipal Solid Waste, Recycling and Landscape Waste Agreement as of the Effective Date indicated above. Waste Management of Illinois, Inc. Signature: Printed Name: Title: Village of Buffalo Grove Signature: Printed Name: Title: 11 Packet Pg. 107 9.A.c Exhibit A SINGLE STREAM RECYCLING To be reviewed by the Village AttorneX RECYCLABLES must be dry, loose (not bagged) and include ONLY the following: Aluminum cans - empty Newspaper PET bottles with the symbol #1- with screw tops only - empty Mail HDPE plastic bottles with the symbol #2 (milk, water bottles detergent, and shampoo bottles, etc.) - empty Uncoated paperboard (ex. cereal boxes; food and snack boxes) Steel and tin cans - empty Uncoated printing, writing and office paper Phone books Old corrugated containers cardboard uncoated Magazines, glossy inserts and pamphlets Plastic containers with symbols #347 - Glass food and beverage containers - brown, clear, or empty (no expanded polystyrene), empty green - empty Aseptic containers Cartons NON-RECYCLABLES include, but are not limited to the following: Plastic bags and bagged materials (even if containing Recyclables) Microwavable trays Mirrors Window or auto glass Light bulbs Coated cardboard Porcelain and ceramics Plastics unnumbered Expanded polystyrene Coat hangers Glass and metal cookware/bakeware Household appliances and electronics, Hoses, cords, wires Yard waste, construction debris, and wood Flexible plastic or film packaging and multi- laminated materials Needles, syringes, IV bags or other medical supplies Food waste and liquids, containers containing such items Textiles, cloth, or any fabric (bedding, pillows, sheets, etc.) Excluded Materials or containers which contained Excluded Materials Napkins, paper towels, tissue, paper plates, paper cups, and plastic utensils Any Recyclable materials or pieces of Recyclables less than 4" in size in any dimension Propane tanks, batteries 12 Packet Pg. 108 9.A.c m Exhibit B At Your Door Service s 3 c O c a� x w ca L rt+ C O W r� 12 Packet Pg. 109 9.A.c m Exhibit C Pricin s 3 c O .y c a� x w ca L rt+ C O W r� 12 Packet Pg. 110 9.A.d O The program begins when the public is informed about how to participate. Following are the elements of the At Your Door Special Collection service and how it works. IlIR&irtidIjpaint II Ilirv'i'm 't O t l c'iain To participate, participants call our toll free number 1-800-449-7857, e-mail ATYOURDOOR@WM.COM or go to www.WMATYOURDOOR.COM and request a collection at their home. A Operations Service Specialist from our U.S. based operations center answers the call or online request. The participant is asked for basic information: name, address, phone number, how they learned of the program, single or multi -family home and an general indication of the types and quantities of home generated special materials they want collected. The At Your Door Specialist discusses the program guidelines with the participant, including the placement of the material on collection day. The operations support center is available from 5 am- 5pm Pacific Time, Monday through Friday. Both English and Spanish speaking representatives are available. An automated call system is available after hours and on holidays. Collection IIII s Sc.1heduled The participant is provided with a date when they must place their material at the entrance door or in front of their garage or if multi -family (only if multi -family are included in the agreement), in a safe location. That predetermined location is noted by the Operations Support Specialist for use by the Service Technician. The frequency of collection routes will vary depending upon demand. When programs first start and during seasonal peaks such as spring and fall cleaning times, there is usually a higher demand resulting in longer periods between the call and the collection. IIII aII airm A collection kit will be sent via U.S. mail (or other method) to the participant, who will package the materials and place it out on the designated collection date. The kit consists of a plastic bag, bag tie, survey card, labels (for use as needed by participant) and an instruction sheet. The instruction sheet reiterates the collection date and items discussed with the Operations Support Center Specialist. Participants collect their items and place them inside the kit bag per the instruction sheet. Should the Operations Support Center Specialist determine (during the initial contact) that the participant requires more than one bag, the participant will, depending upon the schedule, be offered the opportunity to have all items collected at the same time. In the event the schedule is too heavily booked at the time of the request, the participant will be offered alternative days for collection of their materials. After a participant receives their kit, they may contact our program again if they have more items than will fit inside the kit bags supplied. The Operations Support Specialist will provide the participant with two options. The first option is to keep the collection date as scheduled for the single kit. Then, a second collection date will be scheduled and a second kit will be mailed to the participant. The second option is to cancel the first collection date and mail the participant another collection kit. Then schedule the collection at a later date when all of the materials can be collected at the same time. Participants will be discouraged from requesting a collection of very small quantities, i.e., a single can of paint or only used motor oil. Participants with only used motor oil may be directed to local collection centers. Participants with very small quantities will be directed to combine their items with neighbors, if possible. All containers must be labeled and they cannot leak. If a container leaks, participants are instructed to transfer it to a non -leaking container and label it. If a container is not labeled, participants are provided labels to place on the container. Additional instructions may apply based on applicable regulations. Leaking containers or containers without labels will not be collected. Packet Pg. 111 9.A.d f R CC' '11 O In On the established pickup date, a Service Technician will arrive at the home during the day, inspect the material for eligible items, and package the eligible material based upon hazard classification. All materials must be placed outside of the home. Waste Management employees will not enter the premises to gather or remove any material. For single family homes, participants are directed to place their eligible home generated special materials near the front door area or garage area, but never on public property, at the curb, street or alleyway. In the event the materials are ineligible, e.g., unlabeled, leaking, commercial material, or listed on the unacceptable list, the participant will be contacted and/or a door hanger will be left with instructions. Participants are not required to be present during the collection. Fra lri p Olrt Acceptable materials are transported to a transfer facility and then sent to various recycling and processing facilities. Once the items are collected, Service Technicians work to responsibly manage it and recycle as much as possible. Emphasis is placed on recycling, then treatment, followed by incineration, then secure landfills. "Safety At Waste Management, safety is a core value, a cornerstone of operational excellence. It is a philosophy that is embedded in the way we work, the decisions we make, and the actions we take. With thousands of trucks on the road every day, we recognize the responsibility to hold ourselves to the highest standards to protect our customers, our employees and our communities. Waste Management's goal is to maintain our world -class safety record. The program has been designed with safety in mind. Each aspect of this program has been reviewed for potential health and safety implications. This includes the materials we do not accept and the reason on why we cannot pick up unknown items and leaking containers. Eligible Items In general, most ordinary household chemicals and many electronics are eligible for collection. Only items originating from households are eligible, no business materials are allowed. Console TV's and similar consumer electronics, in limited amounts, are eligible unless they originate from a business. This list is not all-inclusive and may vary depending on state and local regulations. We reserve the right to modify the list. The quantity of material that can be collected at any one time is limited to the items that can be placed inside the kit bag along with designated items that may be placed outside the bag. Materials that can be placed outside the kit bag include: • Up to 1 television, 4 vehicle batteries, 5 fluorescent tubes and/or compact florescent lamps (CFL) • One computer system consisting of one each: CPU/tower, laptop, monitor, keyboard, mouse, and desktop printer • Up to 25 pounds of electronics with circuit boards such, as a CD ROM, VCR, DVD/CD/tape player, cell phone, MP3 player, desktop scanner, fax machine, microwave and related cords. • Exceptions to the quantities above must be approved by the Operations Support Center in order to insure that sufficient space is available on the truck to accommodate all scheduled stops on Packet Pg. 112 9.A.d that date. Garden Chemicals Insect sprays/Insecticides Weed killers Other poisons rat poison Fertilizer Herbicides Pesticides Swimming Pool Chemicals 110 Pool acid 110 Chlorine: tablets, liquid 11,Stabilizer Automotive Material Motor oil Antifreeze Waxes/Polishes Cleaners Brake fluid Used oil filters Transmission fluid Windshield washerr fluid i d Hydraulic fl flu id d Vehicle batteries Gasoline and Diesel fuel (must be placed in containers designed and sold for the containment and transportation of fuel. 10 gal. max.) Flammable & Combustible Materials Kerosene Solvent Misc. Household Household batteries Florescent tubes/ Compact fluorescent bulbs High intensity lamps Hobby glue Driveway sealer (max. a gal.) Mercury Containing Devices Thermostats Thermometers Switches Related cords Paint Products Oil based paint Latex paint Stripper and thinner Caulking Wood preservative and stain Sealer Spray paint Artist paint Household Cleaners Ammonia Floor stripper Drain cleaner I I Floor cleaner Tile/shower cleaner Carpet/upholstery cleaner Rust remover Naval jelly Sharps (must be placed into a rigid, sealed, puncture resistant container) Needles Lancets Electronics with Circuit Boards Televisions t Computer monitors a. c CPU/computer tower w Laptop compute o t Tablet computer 3 Keyboard Q d Mouse c Fax machine c Desktop printer/scanner CD ROM 0 DVD/CD/tape player VCR r 0 Cell phone N MP3 player, iPod 0 Microwave oven ❑ Q m t x w Packet Pg. 113 9.A.d Commercial material, material from businesses, and unusually large quantities of the same material are not eligible for this program. List is not all-inclusive and will vary depending on state and local regulations. We reserve the right to modify the list. Biological Waste Liquid mercury/Elemental mercury and broken Ammunition and Explosives items that contain mercury Appliances Materials improperly packaged for transportation Asbestos Materials in leaking containers Commercial chemicals Medicines/pharmaceuticals Construction related materials Radioactive materials, including smoke detectors �Containers over 5 gallons Tires Fire Extinguishers Trash, including bulky items (example: washers, dryers, Food Waste and cooking oil and refrigerators) Gas cylinders/pressurized cylinders )u Unknown or unlabeled materials Items that are not hazardous The At Your Door program reserves the right to refuse collection of additional items not listed here. The At Your Door service reserves the right to refuse acceptance of any items it deems excluded, a hazard or out of the scope of the program, which is designed for the collection of home generated special materials. IParl-,Jdpant Surveys A postage -paid card addressed to the sponsoring agency program manager will be included in the kit sent to participants. The card lists several questions and is considered a "report card" mailed directly to the public agency's designee. In an effort to continually improve our service, we request copies of survey cards or consolidated reports (prepared by the community program manager) be sent to Shannon Pollacchi, At Your Door Special Collectionsm Marketing Manager at hpollacca-wm.com. Reparts Items collected are entered into our proprietary database management system (AYDNet) by our Service Technicians. This data assists with monitoring the program. You may request a report that provides a summary of the materials collected, then provide that to the public agency. Your customer can track the contents of the waste streams that are collected. Additional data can be provided in Microsoft Excel. Packet Pg. 114 9.A.e Exhibit C- Pricing Sin¢le Family Unit May 1, 2019 May 1, 2020 May 1, 2021 May 1, 2022 May 1, 2023 Monthly fee per residential unit for unlimited solid waste, recycling and $16.25 $16.25 $17.25 $17.25 $17.25 landscape collection with cart Monthly fee per residential unit for unlimited solid waste, recycling with $15.15 $15.15 $16.15 $16.15 $16.15 cart and landscape collection without cart Multi -Family Unit Monthly fee per residential unit for unlimited solid waste collection in a $8.30 $8.30 $8.85 $8.85 $8.85 central container Monthly fee per residential unit for unlimited recycling in a central $2.00 $2.00 $2.10 $2.10 $2.10 container At Your Door Service monthly fee per $1.40 $1.40 $1.40 $1.40 $1.40 residential unit Additional refuse service per week per $4 75 $4.75 $5.04 $5.04 $5.04 residential unit Additional solid waste or recycling cart $2.50 $2.50 $2.50 $2.50 $2.50 per residential unit Senior discount (65 or older) 10% 10% 10% 10% 10% residential unit White goods collection per item 1 $40.00 1 $40.00 1 $40.00 1 $40.00 1 $40.00 Bulk items 1 item per week is 1 item per week is 1 item per week is 1 item per week is 1 item per week is free plus $25.00 for free plus $25.00 for free plus $25.00 for free plus $25.00 for free plus $25.00 for each additional item each additional item each additional item each additional item each additional item Fall leaf assistance $10.86/cubic yard $10.86/cubic yard $11.51/cubic yard $11.51/cubic yard $11.51/cubic yard plus$145/hour I plus$145/hour I plus$145/hour I plus$145/hour I plus$145/hour Emergency Collection $58/ton plus $58/ton plus $58/ton plus $58/ton plus $58/ton plus $145/hour I $145/hour I $145/hour I $145/hour I $145/hour Additonal cart change out fee 1 $35.00 1 $35.00 1 $35.00 1 $35.00 1 $35.00 Alternate Pricing without At Your Door Service should the Village discontinue the AYD Service Sinele Family Unit May 1, 2019 May 1, 2020 May 1, 2021 May 1, 2022 May 1, 2023 Monthly fee per residential unit for unlimited solid waste, recycling and $16.60 $16.60 $17.60 $17.60 $17.60 landscape collection with cart Monthly fee per residential unit for unlimited solid waste, recycling with $15.50 $15.50 $16.50 $16.50 $16.50 cart and landscape collection without cart Multi -Family Unit Monthly fee per residential unit for unlimited solid waste collection in a $8.50 $8.50 $9.05 $9.05 $9.05 central container Monthly fee per residential unit for unlimited recycling in a central $2.10 $2.10 $2.25 $2.25 $2.25 container *All prices do not include the monthly Solid Waste Agency of Northern Cook County (SWANCC) fees LN Packet Pg. 115 Action Item : Waiver of Bids and Authorization to Purchase Liquid De -Icing "Beet Heet" ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,ll Staff recommends approval. Staff requests authorization to waive bids and purchase "Beet Heet" from K-Tech Specialty products at a price not to exceed $37,600.00, as further detailed in the attached memo. ATTACHMENTS: • 2019 Beet Heet (DOCX) Trustee Liaison Johnson Tuesday, February 19, 2019 Staff Contact Michael Reynolds, Public Works Updated: 2/12/2019 9:28 AM Page 1 Packet Pg. 116 11.A.a VILLACE 014 MEMORANDUM DATE: February 14, 2019 TO: Brett Robinson — Purchasing Manager FROM: Bryan Beitzel — Maintenance Superintendent SUBJECT: Request to waive bids and purchase specialty winter maintenance liquids The Public Works Department is requesting authorization to waive bids and purchase winter maintenance liquids 'Beet Heet" direct from the manufacturer (K-Tech Specialty Products). Over the past several winter maintenance seasons the Public Works Department has been utilizing a product called "Beet Heet Concentrate" for its winter maintenance liquids needs. This product is provided directly from the manufacturer K-Tech Specialty Products, Inc. at a rate of $1.40 per gallon. This product is a concentrated proprietary formula of two (2) exothermic chlorides and two (2) endothermic chlorides blended with a high quality carbohydrate that has produced excellent results in our winter maintenance program. K-Tech is the sole source provider for the Beet Heet blend. The Public Works Department has used several liquids through the years with varying results. "Geo- Mclt 55" is another blended organic product tested in the past, which yielded very poor performance. Liquid Calcium Chloride is another product, however this single exothermic chloride "burns out" rapidly often requiring additional applications as surfaces re -freeze. This single chloride also lacks the carbohydrate necessary for adhesion during anti -icing activities making it ineffective at "pre -treating" roads prior to snow and ice events. The effectiveness of Beet Heet has enabled the Public Works Department to expand its liquid usage, including a full anti -icing program during the winter season. It has also allowed the department to reduce the amount of road salt applied during winter maintenance operations, as the department have increased the liquid output on the primary winter maintenance fleet. This concentrated product is typically "blended down" with Salt Brine, allowing the Public Works Department to target our application rates consistent with storm and road conditions. Due to the successful use of Beet Heet the increased usage of this product now crosses the threshold requiring Board approval to waive bids and authorize a purchase in an amount not to exceed $37,600 from the sole source provider K-Tech Specialty Products. The Street Section annual budget includes the costs for this material and this purchase is fully funded. Packet Pg. 117 Action Item : Authorization to Waive Bids and Purchase Radio Equipment ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,ll Staff recommends approval. Staff requests authorization to waive bids and purchase eighteen Motorola radios as the current radios in the Emergency Operations Center (EOC) and MobileCom are reaching the end of their useful life. The current radio's technology is not capable of utilizing necessary advanced communication capabilities. Motorola no longer provides support or manufactures replacement parts for the current radios. ATTACHMENTS: • Waive of Bid Memo - Radio Purchase (DOCX) • Buffalo Grove Fire Dept UHF Feb 4 2019 (PDF) • Buffalo Grove Fire Dept VHF Feb 4 2019 (PDF) Trustee Liaison Staff Contact Ottenheimer Mike Baker, Fire Tuesday, February 19, 2019 Updated: 2/14/2019 4:19 PM Page 1 Packet Pg. 118 11.B.a VILLAGE OF BUFfAL0 GROVE DATE: February 4, 2019 TO: Dane Bragg, Village Manager FROM: Mike Baker, Fire Chief RE: Authorization to Waive Bids and Purchase Radio Equipment Background Information Staff requests authorization to waive bids and purchase eighteen Motorola radios as the current radios in the Emergency Operations Center (EOC) and in MobileCom are reaching the end of their useful life. The current radio's technology is not capable of utilizing necessary advanced communication capabilities. Motorola no longer provides support or manufactures replacement parts for the current radios. The proposed equipment purchase will replace eighteen radios as listed in the quotations from Motorola Solutions which is a cooperative purchase agreement through Northwest Central Dispatch System. The funding for this request was approved as part of the Capital Improvement Program for the 2019 Village budget as is assigned as Project #5013. Recommendation It is recommended that the Village Board waive bids and authorize staff to purchase the above mentioned replacement equipment at a total not to exceed amount of $39,586.92 from Motorola Solutions. Page 1 of 1 Packet Pg. 119 A m mp tl a et4oi nd pue s |g QAleM m uo|e■ z|jomnb 6 W # qe] ]H n «aQ a|] a o e gejjng ]ueml,e■�¥ a \ CN kk \z �{ k § \ a 0 a / J § 0 2 k/ 7 pomm \070\ c c NI-=noww66� \ 3 mo \�)na@\&m2 « \\<\o\c\2\ s R<q=R(Nwm »nno=cr»� s eeeeeeeeee /o CD 7g q \\\0 \$\} /7p@2 eeeeeeeeee » 2 \ § � e \}\\ U) $§ > ® .(D L < ƒ \§\/ <LLI \ 0 \i\j /0�\ 2)E� 00Y0 LUClZ Z S \ s LL<(-) Q\ <a- \/--<0 LL>xxm422< coeaEL<7e=e ®®fffff\ 7Lbobbbes9e.. �aeeeeeeee < << << << < \ � c % 77 2 a 0 \�f§� o / 2 g7kkJ@RR°Z n 20o3000D§o ocoo==o=o= ==gig \ ( _ ( w � � � { }7) 0\2 §\c =c7 CIO \ �/° § = §�G § \ 7 cc, o E/ g wd\ =5£� §\}/ 0 ==o ( L> / ��� }�/ d/ [E zc2 kE{{{2 0ƒ ]C0�g� 00p- L2'E-n w0-C-V /g{/t z='4;#- o0=2 �20 02 w3_yEoe k\\\\} U)/ 7777 L)@j!\ 0,C\= D=EE„ o,e=9§ 2( Fl a gpeN a eLloi nd pue sore OAleM m ummz|jomnb 6 M # qe] ]HA «a(] a|] a o g qejj ng quem peel \ Q kk \z �{ k § \ a 0 a / J ko ) (\\\o\F\j\ \ �o /¥@aa2\§32 � mmmmmmmmmm » \\<\o\c\2\ R<q=R(Nwm w'It nno=cr»� . eeeeeeeeee /o 7 g q \LO \$\} /,-,o eeeeeeeeee » 2 \ § � e U) 0 mm > ® '� L < ƒ \§\/ \\ \ §i\\ §ƒRi CN)E\ \\§\ M°z°z05�s \//Z0W_j LLJ $/ƒ//=< /LL>xx(D < oeaEL<7e= Gmf«e<» 7 x2C) 6a6? o \ a_0000000cl <<<<<<<<< e \ %0) _� �o $�f0 o g7kkJ@RZ R°i =0o3000D§o _0=o===gig \ ( _ ( w � � � { };C % \2 §\\ =c7 2 CU c C- \ �/° °d§ G §�= § 7 \cc, o E/ g wd: =5£2 §\}/ 0 C: 2==o °== / ��� }�/ d0[E zc@ k - a) —C 0-E ]!/\ 0�o�g- oG�z%o L� 2'E-n w0-C-V � /g{/t Z=4;#- 00=,-2 �20 Eo2 w3_yoe k\\\\} U)/ 7777 L)@j!\ 0, 0) D0—C: oU) -Co 2!E Action Item : 2019 GHA Construction Management ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ll Staff recommends approval. Staff seeks authorization to execute an agreement with Gewalt Hamilton Associates, Inc. for resident engineering and construction staking services in an amount not to exceed $199,370, pending approval of the Village Attorney. ATTACHMENTS: • 2019_Construction_Engineering_Consultant Seclection_Brief (DOCX) • Professional Services Agreement (GHA 2019-01-30) (PDF) Trustee Liaison Smith Tuesday, February 19, 2019 Staff Contact Kyle Johnson, Engineering Updated: 2/14/2019 4:26 PM Page 1 Packet Pg. 122 11.C.a VILIAGE OF TO: JENNIFER MALTAS, DEPUTY VILLAGE MANAGER FROM: DARREN MONICO, VILLAGE ENGINEER SUBJECT: 2019 CONSTRUCTION ENGINEERING AND STAKING DATE: JANUARY 23, 2019 The Engineering Division is proposing improvements to the following streets: • Caren Dr —Thompson Blvd to Thompson Blvd • Caren Ct —Caren Dr to End • Ronnie Dr —Thompson Blvd to Thompson Blvd • Fremont Way — Bristol Ln to Camden Ct • Fremont Way — Fremont Way to Route 53 • Fremont Way — Fremont Way to Arlington Heights Rd Is The Engineering Division is also proposing improvements and repairs to various streets or sidewalks throughout the Village through the following programs: • Pavement Patching Program • Pavement Marking Program • Sidewalk Improvement Program All of these improvements and programs are currently out to bid and have a bid openings scheduled for February 28, 2019. Pending a review of the bid submittals, the recommendations to award construction contracts will be on the March 18, 2019 Village Board agenda. All work is expected to be performed in 2019. In late December 2018 the Village issued a Request for Proposals (RFP) to manage the all the described improvements. Staff received proposals from BLA, Inc., Christopher Burke Engineering (CBBEL), Civiltech Engineering, and Gewalt Hamilton and Associates (GHA) for construction engineering and staking. The decision to request proposals from these four firms in particular was generated from the results of the Request for Qualifications for all Engineering Services completed from August 2017 to December 2017 by a committee comprised of Public Works, Engineering and Community Development staff. The submittal process required each firm to submit qualifications statements and resumes. These were reviewed and graded by a selection committee comprised of three public work staff members who work closely with these projects each year. The next step was for each Resident Engineer to individually meet with the selection committee and answer about 25 questions pertaining to technical work aspects, customer service expectations and Buffalo Grove standards. Each interview was added to the overall grading formula before moving to the last step of cost proposal value grading. Staff examined the costs each firm assigned to the project to determine if value aligned with the qualifications and services presented. Through a series of smaller questions and criteria the overall points were allocated at 20% to the Qualifications of the Firm, 60% to the Qualifications of c d E z U �a Q Packet Pg. 123 11.C.a the Resident Engineer and lastly 20% to the Value of Services. A summary of the scoring can be found below: Qualifications of Qualifications of Value of Services Firm Resident Engineer Consultant Overall Notes (Failure to return any Score (20% Score (60% Proposal NTE Score (20% Score documents) Overall) Overall) Cost Overall) BLA 91 86 $ 213,525.00 97 89 Qvilteeh 99 -7-9 N/A 0 6-5 Failed to turn in cost proposal CBBEL 87 84 $ 247,947.00 93 86 GHA 96 87 $ 199,370.00 1 100 1 92 *Each area scored between 0-100 bythe selection committee Based upon our review, staff recommends approval of the GHA contract in an amount not to exceed $199,370.00, pending legal review. c d E z U �a Q Packet Pg. 124 11.C.b VILLAGE OF BUFFALO GROVE PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES THIS AGREEMENT is dated as of the 19th day of February, 2019 ("Agreement") and is by and between the VILLAGE OF BUFFALO GROVE, an Illinois home rule municipal corporation ("Village") and the Consultant identified in Subsection 1A below. IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in this Agreement, and pursuant to the Village's statutory and home rule powers, the parties agree as follows: SECTION 1. CONSULTANT. A. Engagement of Consultant. The Village desires to engage the Consultant Identified below to provide all necessary professional consulting services and to perform the work in connection with the project identified below: Company. ("Consultant") Gewalt Hamilton Associates, Inc. Street 625 Forest Edge Drive City, State, Zip Vernon Hills, IL 60061 Telephone: 847-478-9700 Email: Imorand@gha-engineers.com B. Proiect Description. The Consultant shall provide Engineering Services for Buffalo Grove infrastructure or public works projects C. Representations of Consultant. The Consultant has submitted to the Village a description of the services to be provided by the Consultant, a copy of which is attached as Exhibit B to this Agreement ("Services"). The Consultant represents that it is financially solvent, has the necessary financial resources, and is sufficiently experienced and competent to perform and complete the professional consulting services set forth in Exhibit B in a manner consistent with the standards of professional practice by recognized consulting firms providing services of a similar nature. Packet Pg. 125 11.C.b SECTION 2. SCOPE OF SERVICES. A. Retention of the Consultant. The Village retains the Consultant to perform, and the Consultant agrees to perform, the Services. B. Services. The Consultant shall provide the Services pursuant to the terms and conditions of this Agreement. C. Commencement. Time of Performance. The Consultant shall commence the Services immediately upon receipt of written notice from the Village that this Agreement has been fully executed by the Parties (the "Commencement Date"). The Consultant shall diligently and continuously prosecute the Services until the completion of the Work., D. Reporting. The Consultant shall regularly report to the Public Works Director ("Director"), or his/her designee, regarding the progress of the Services during the term of this Agreement. SECTION 3. COMPENSATION AND METHOD OF PAYMENT. A. Agreement Amount. The total amount billed for the Services during the term of this Agreement shall not exceed the amount identified in the Schedule of Prices section in Exhibit B, unless amended pursuant to Subsection 8A of this Agreement. Invoices and Payment. The Consultant shall be paid as provided in Exhibit B. The Consultant shall submit invoices to the Village in a Village approved format for those portions of the Services performed and completed by the Consultant. The amount billed in any such invoice shall be based on the method of payment set forth in Exhibit B. The Village shall pay to the Consultant the amount billed pursuant to the Illinois Local Government Prompt Payment Act (50 ILCS 505/1 et seq.) Records. The Consultant shall maintain records showing actual time devoted and costs incurred, and shall permit the authorized representative of the Village to inspect and audit all data and records of the Consultant for work done under the Agreement. The records shall be made available to the Village at reasonable times during the Agreement period, and for three years after the termination of the Agreement. D. Claim In Addition To Agreement Amount. if the Consultant wishes to make a claim for additional compensation as a result of action taken by the Village, the Consultant shall provide written notice to the Village of such claim within 7 calendar days after occurrence of such action as provided by Subsection 8.D. of this Agreement, and no claim for additional compensation shall be valid unless made in accordance with this Subsection. Any changes in this Agreement Amount shall be valid only upon written amendment pursuant to Subsection 8.A. of this Agreement. Regardless of the decision of the Village relative to a claim submitted by the Consultant, the Consultant shall proceed with all of the Services required to complete the project under this Agreement as determined by the Village without interruption. Packet Pg. 126 11.C.b SECTION 3. COMPENSATION AND METHOD OF PAYMENT (cont.1 E. Taxes, Benefits and Royalties. The Agreement Amount includes all applicable federal, state, and local taxes of every kind and nature applicable to the Services as well as all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or similar benefits and all costs, royalties and fees arising from the use on, or the incorporation into, the Services, of patented or copyrighted equipment, materials, supplies, tools, appliances, devices, processes, or inventions. All claim or right to claim additional compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or fees is hereby waived and released by Consultant. Final Acceptance. The Services, or, if the Services are to be performed in separate phases, each phase of the Services, shall be considered complete on the date of final written acceptance by the Village of the Services or each phase of the Services, as the case may be, which acceptance shall not be unreasonably withheld or delayed. SECTION 4. PERSONNEL SUBCONTRACTORS. A. Key Protect Personnel. The Key Project Personnel identified in Exhibit B shall be primarily responsible for carrying out the Services on behalf of the Consultant. The Key Project Personnel shall not be changed without the Village's prior written approval. B. Availability of Personnel. The Consultant shall provide all personnel necessary to complete the Services including, without limitation, any Key Project Personnel identified in this Agreement. The Consultant shall notify the Village as soon as practicable prior to terminating the employment of, reassigning, or receiving notice of the resignation of, any Key Project Personnel. The Consultant shall have no claim for damages and shall not bill the Village for additional time and materials charges as the result of any portion of the Services which must be duplicated or redone due to such termination or for any delay or extension of the Time of Performance as a result of any such termination, reassigning, or resignation. Packet Pg. 127 11.C.b SECTION 4. PERSONNEL SUBCONTRACTORS (cont.) C. Approval and Use of Subcontractors. The Consultant shall perform the Services with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved by the Village in writing. All subcontractors and subcontracts used by the Consultant shall be acceptable to, and approved in advance by, the Village. The Village's approval of any subcontractor or subcontract shall not relieve the Consultant of full responsibility and liability for the provision, performance, and completion of the Services as required by the Agreement. All Services performed under any subcontract shall be subject to all of the provisions of this Agreement in the same manner as if performed by employees of the Consultant. For purposes of this Agreement, the term "Consultant" shall be deemed also to refer to all subcontractors of the Consultant, and every subcontract shall include a provision binding the subcontractor to all provisions of this Agreement. D. Removal of Personnel and Subcontractors. If any personnel or subcontractor fails to perform the Services in a manner satisfactory to the Village, the Consultant shall immediately upon notice from the Village remove and replace such personnel or subcontractor. The Consultant shall have no claim for damages, for compensation in excess of the amount contained in this Agreement of for a delay or extension of the Time of Performance as a result of any such removal or replacement. SECTION 5. CONFIDENTIAL INFORMATION. A. Confidential Information. The term "Confidential Information" shall mean information in the possession or under the control of the Village relating to the technical, business or corporate affairs of the Village; Village property; user information, including, without limitation, any information pertaining to usage of the Village's computer system, including and without limitation, any information obtained from server logs or other records of electronic or machine readable form; and the existence of, and terms and conditions of, this Agreement. Village Confidential Information shall not include information that can be demonstrated: (i) to have been rightfully in the possession of the Consultant from a source other than the Village prior to the time of disclosure of said information to the Consultant under this Agreement ("Time of Disclosure"); (ii) to have been in the public domain prior to the Time of Disclosure; (iii) to have become part of the public domain after the Time of Disclosure by a publication or by any other means except an unauthorized act or omission or breach of this Agreement on the part of the Consultant or the Village; or (iv) to have been supplied to the Consultant after the Time of Disclosure without restriction by a third party who is under no obligation to the Village to maintain such information in confidence. No Disclosure of Confidential Information by the Consultant. The Consultant acknowledges that it shall, in performing the Services for the Village under this Agreement, have access to or be directly or indirectly exposed to Confidential Information. The Consultant shall hold confidential all Confidential Information and shall not disclose or use such Confidential Information without express prior written consent of the Village. The Consultant shall use reasonable measures at least as strict as those the Consultant uses to protect its own confidential information. Such measures shall include, without limitation, requiring employees and subcontractors of the Consultant to execute a non -disclosure agreement before obtaining access to Confidential Information. Packet Pg. 128 11.C.b SECTION 6. WARRANTY: INDEMNIFICATION: INSURANCE A. Standard of Care. the Consultant will endeavor to perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. The Consultant makes no warranty, express or implied, as to professional services rendered under this Agreement. Indemnification. The Consultant agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Village, its officials, employees, agents, and attorneys against all damage, liabilities, costs, fines or fees where recoverable under applicable law absent this agreement but only to the extent caused by the negligent acts, errors, omissions or violation of any law or regulation by or of the Consultant in the performance of professional services under this Agreement and that of its subconsultants or anyone for whom the Consultant is legally liable. C. Insurance. Contemporaneous with the Consultant's execution of this Agreement, the Consultant shall provide certificates and policies of insurance, all with coverages and limits acceptable to the Village, and evidencing at least the minimum insurance coverages and limits as set forth in Exhibit A to this Agreement. For good cause shown, the Public Works Director ("Director") may extend the time for submission of the required policies of insurance upon such terms, and with such assurances of complete and prompt performance, as the Director may impose in the exercise of his sole discretion. Such certificates and policies shall be in a form acceptable to the Village and from companies with a general rating of A minus, and a financial size category of Class X or better, in Best's Insurance Guide. Such insurance policies shall provide that no change, modification in, or cancellation of, any insurance shall become effective until the expiration of 30 calendar days after written notice thereof shall have been given by the insurance company to the Village. The Consultant shall, at all times during the term of this Agreement, maintain and keep in force, at the Consultant's expense, the insurance coverages provided above, including, without limitation, at all times while correcting any failure to meet the warranty requirements of Subsection 6.A., Warranty of Services, of this Agreement. D. No Personal Liability. No elected or appointed official, agent, or employee of the Village shall be personally liable, in law or in contract, to the Consultant as the result of the execution of this Agreement. Packet Pg. 129 11.C.b SECTION 7. CONSULTANT AGREEMENT GENERAL PROVISIONS. A. Relationship of the Parties. The Consultant shall act as an independent contractor in providing and performing the Services. Nothing in, nor done pursuant to, this Agreement shall be construed (i) to create the relationship of principal and agent, employer and employee, partners, or joint ventures between the Village and Consultant; or (ii) to create any relationship between the Village and any subcontractor of the Consultant. Conflict of Interest. The Consultant represents and certifies that, to the best of its knowledge, (1) no Village employee or agent is interested in the business of the Consultant or this Agreement; (2) as of the date of this Agreement neither the Consultant nor any person employed or associated with the Consultant has any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement; and (3) neither the Consultant nor any person employed by or associated with the Consultant shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement. C. No Collusion. The Consultant represents and certifies that the Consultant is not barred from contracting with a unit of state or local government as a result of (i) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless the Consultant is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of the tax, as set forth in Section 11-42.1-1 et seq. of the Illinois Municipal Code, 65 ILCS 5/11-42.1-1 et seq.; or (ii) a violation of either Section 33E-3 or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq. The Consultant represents that the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the Village prior to the execution of this Agreement, and that this Agreement is made without collusion with any other person, firm, or corporation. If at any time it shall be found that the Consultant has, in procuring this Agreement, colluded with any other person, firm, or corporation, then the Consultant shall be liable to the Village for all loss or damage that the Village may suffer, and this Agreement shall, at the Village's option, be null and void. D. Sexual Harassment Policy. The Consultant certifies that it has a written sexual harassment policy in full compliance with Section 2-105(A)(4) of the Illinois Human Rights Act, 775 ILCS 512- 105(A)(4). E. Termination. Notwithstanding any other provision hereof, the Village may terminate this Agreement, without cause, at any time upon 15 calendar days prior written notice to the Consultant. In the event that this Agreement is so terminated, the Consultant shall be paid for Services actually performed and reimbursable expenses actually incurred, if any, prior to termination, not exceeding the value of the Services completed as determined as provided in Exhibit B. Term. The Time of Performance of this Agreement, unless terminated pursuant to the terms of this Agreement, shall be for 18 months from the date the Agreement is fully executed. Packet Pg. 130 11.C.b SECTION 7. CONSULTANT AGREEMENT GENERAL PROVISIONS (cont.1 G. Compliance with Laws and Grants. Consultant shall give all notices, pay all fees, and take all other action that may be necessary to ensure that the Services are provided, performed, and completed in accordance with all required governmental permits, licenses, or other approvals and authorizations that may be required in connection with providing, performing, and completing the Services, and with all applicable statutes, ordinances, rules, and regulations, including without limitation the Fair Labor Standards Act; any statutes regarding qualification to do business; any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited classification, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq. Consultant shall also comply with all conditions of any federal, state, or local grant received by Owner or Consultant with respect to this Contract or the Services. Consultant shall be solely liable for any fines or civil penalties that are imposed by any governmental or quasi -governmental agency or body that may arise, or be alleged to have arisen, out of or in connection with Consultant's, or its subcontractors', performance of, or failure to perform, the Services or any part thereof. Every provision of law required by law to be inserted into this Contract shall be deemed to be inserted herein. H. Default. if it should appear at any time that the Consultant has failed or refused to prosecute, or has delayed in the prosecution of, the Services with diligence at a rate that assures completion of the Services in full compliance with the requirements of this Agreement, or has otherwise failed, refused, or delayed to perform or satisfy the Services or any other requirement of this Agreement ("Event of Default"), and fails to cure any such Event of Default within fourteen (14) calendar days after the Consultant's receipt of written notice of such Event of Default from the Village, then the Village shall have the right, without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies: Cure by Consultant. The Village may require the Consultant, within a reasonable time, to complete or correct all or any part of the Services that are the subject of the Event of Default; and to take any or all other action necessary to bring the Consultant and the Services into compliance with this Agreement. 2. Termination of Agreement by Village. The Village may terminate this Agreement without liability for further payment of amounts due or to become due under this Agreement. 3. Withholding of Payment by Village. The Village may withhold from any payment, whether or not previously approved, or may recover from the Consultant, any and all costs, including attorneys' fees and administrative expenses, incurred by the Village as the result of any Event of Default by the Consultant or as a result of actions taken by the Village in response to any Event of Default by the Consultant. Packet Pg. 131 11.C.b SECTION 7. CONSULTANT AGREEMENT GENERAL PROVISIONS (cont j I. No Additional Obligation. The Parties acknowledge and agree that the Village is under no obligation under this Agreement or otherwise to negotiate or enter into any other or additional contracts or agreements with the Consultant or with any vendor solicited or recommended by the Consultant. J. Village Board Authority. Notwithstanding any provision of this Agreement, any negotiations or agreements with, or representations by the Consultant to vendors shall be subject to the approval of the Village Board of Trustees. The Village shall not be liable to any vendor or other third party for any agreements made by the Consultant, purportedly on behalf of the Village, without the knowledge and approval of the Village Board of Trustees. Mutual Cooperation. The Village agrees to cooperate with the Consultant in the performance of the Services, including meeting with the Consultant and providing the Consultant with such non - confidential information that the Village may have that may be relevant and helpful to the Consultant's performance of the Services. The Consultant agrees to cooperate with the Village in the performance of the Services to complete the Work and with any other consultants engaged by the Village. News Releases. The Consultant shall not issue any news releases or other public statements regarding the Services without prior approval from the Director. M. Ownership. Designs, drawings, plans, specifications, photos, reports, information, observations, calculations, notes, and any other documents, data, or information, in any form, prepared, collected, or received by the Consultant in connection with any or all of the Services to be performed under this Agreement ("Documents") shall be and remain the exclusive property of the Village. At the Village's request, or upon termination of this Agreement, the Consultant shall cause the Documents to be promptly delivered to the Village. Packet Pg. 132 11.C.b SECTION 8. GENERAL PROVISIONS. A. Amendment. No amendment or modification to this Agreement shall be effective unless and until such amendment or modification is in writing, properly approved in accordance with applicable procedures, and executed. B. Assignment. This Agreement may not be assigned by the Village or by the Consultant without the prior written consent of the other party. C. Binding Effect. The terms of this Agreement shall bind and inure to the benefit of the Parties hereto and their agents, successors, and assigns. D. Third Party Beneficiary. No claim as a third party beneficiary under this Agreement by any person, firm, or corporation other than the Consultant shall be made or be valid against the Village. E. Provisions Severable. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Packet Pg. 133 11.C.b SECTION 8. GENERAL PROVISIONS (cont). 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) by a reputable overnight courier, (iii) by certified mail and deposited in the U.S. Mail, postage prepaid, (iv) by facsimile, or (v) by electronic Internet mail ("e-mail"). Facsimile 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. E-mail notices shall be deemed valid and received by the addressee thereof when delivered by e-mail and (a) opened by the recipient on a business day at the address set forth below, 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. By notice complying with the requirements of this Subsection, 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 the Village shall be addressed to, and delivered at, the following address: Village of Buffalo Grove. ("Village") Street 50 Raupp Blvd. City, State, Zip Buffalo Grove, IL 60089 Attention: Michael Reynolds Email: MReynolds@vbg.org With a copy to Law Firm. Schain Banks Street 70 W. Madison, Suite 5300 City, State, Zip Chicago IL, 60602 Attention: Patrick Brankin Email: pbrankin@schainbanks.com Notices and communications to the Consultant shall be addressed to, and delivered at, the following address: Company. ("Consultant") Street City, State, Zip Attention: Email: Gewalt Hamilton Associates, Inc. 625 Forest Edge Drive Vernon Hills, IL 60061 Leo Morand Imorand@gha-engineers.com 10 Packet Pg. 134 11.C.b SECTION 8. GENERAL PROVISIONS (cont) G. Time. Time is of the essence in the performance of this Agreement. H. Governing Laws. This Agreement shall be interpreted according to the internal laws, but not the conflict of laws rules, of the State of Illinois. Venue shall be in Cook County, Illinois I. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any and all previous or contemporaneous oral or written agreements and negotiations between the Village and the Consultant with respect to the Request for Proposal. J. Waiver. No waiver of any provision of this Agreement shall be deemed to or constitute a waiver of any other provision of this Agreement (whether or not similar) nor shall any such waiver be deemed to or constitute a continuing waiver unless otherwise expressly provided in this Agreement. K. Exhibit, Exhibit, A and Exhibit B are attached hereto, and by this reference incorporated in and made a part of this Agreement. In the event of a conflict between the Exhibit and the text of this Agreement, the text of this Agreement shall control. L. Rights Cumulative. Unless expressly provided to the contrary in this Agreement, each and every one of the rights, remedies, and benefits provided by this Agreement shall be cumulative and shall not be exclusive of any other such rights, remedies, and benefits allowed by law. M. Counterpart Execution. This Agreement may be executed in several counterparts, each of which, when executed, shall be deemed to be an original, but all of which together shall constitute one and the same instrument. N. Rights Cumulative. Unless expressly provided to the contrary in this Agreement, each and every one of the rights, remedies, and benefits provided by this Agreement shall be cumulative and shall not be exclusive of any other such rights, remedies, and benefits allowed by law. O. No Waiver of Tort Immunity. Nothing contained in this Agreement shall constitute a waiver by the Village of any right, privilege or defense available to the Village under statutory or common law, including, but not limited to, the Illinois Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq., as amended. P. Calendar Days and Time. Unless otherwise provided in this Contract, any reference in this Contract to "day" or "days" shall mean calendar days and not business days. If the date for giving of any notice required to be given, or the performance of any obligation, under this Contract falls on a Saturday, Sunday or federal holiday, then the notice or obligation may be given or performed on the next business day after that Saturday, Sunday or federal holiday. M Packet Pg. 135 11.C.b SECTION 8. GENERAL PROVISIONS (cont). Freedom of Information. Consultant agrees to furnish all documentation related to this Agreement and any documentation related to the Village required under an Illinois Freedom of Information Act (ILCS 140/1 et. seq.) ("FOIA") request within five (5) calendar days after Village issues notice of such request to Contractor. Contractor agrees to indemnify and hold harmless the Village, and agrees to pay all reasonable costs connected therewith (including, but not limited to reasonable attorney's and witness fees, filing fees and any other expenses) expended by the Village to defend any and all causes, actions, causes of action, disputes, prosecutions, or conflicts arising from Consultant's, actual violation of the FOIA or Consultant's failure to furnish all documentation related to a request within five (5) calendar days after Village issues notice of a request. Furthermore, should Consultant request that Village utilize a lawful exemption under FOIA in relation to any FOIA request thereby denying that request, Consultant agrees to pay all costs connected therewith (such as reasonable attorneys' and witness fees, filing fees and any other expenses) to defend the denial of the request. The defense shall include, but not be limited to, challenged or appealed denials of FOIA requests to either the Illinois Attorney General or a court of competent jurisdiction. Consultant agrees to defend, indemnify and hold harmless the Village, and agrees to pay all costs connected therewith (such as reasonable attorneys' and witness fees, filing fees and any other expenses) to defend any denial of a FOIA request by Consultant's request to utilize a lawful exemption to the Village. Acknowledgement. The undersigned hereby represent and acknowledge that they have read the foregoing Agreement, that they know its contents, and that in executing this Agreement they have received legal advice regarding the legal rights of the party on whose behalf they are executing this Agreement, and that they are executing this Agreement as a free and voluntary act and on behalf of the named parties. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below. ATTEST: By: Village Clerk Date: VILLAGE OF BUFFALO GROVE By: Name, Title ATTEST: Gewalt Hamilton Associates, Inc. By: By: Title: Secretary Title: Date: IM Packet Pg. 136 11.C.b Exhibit A. 1. Consultant's Insurance Consultant shall procure and maintain, for the duration of the Contract and any maintenance period, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance: Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village of Buffalo Grove named as additional insured on a primary and non-contributory basis. This primary, non- contributory additional insured coverage shall be confirmed through the following required policy endorsements: ISO Additional Insured Endorsement CG 20 10 or CG 20 26 and CG 20 0104 13.. 1. Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village named as additional insured, on a form at least as broad as the ISO Additional Insured Endorsement CG 2010 and CG 2026 2. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any Auto." 3. Workers' Compensation as required by the Labor Code of the State of Illinois and Employers' Liability insurance. B. Minimum Limits of Insurance: Consultant shall maintain limits no less than: 1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than $2,000,000 or a project/contract specific aggregate of $1,000,000. 2. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with statutory limits and Employers' Liability limits of $500,000 per accident. C. Deductibles and Self -Insured Retentions Any deductibles or self -insured retentions must be declared to and approved by the Village. At the option of the Village, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as it respects the Village, its officials, agents, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. IN Packet Pg. 137 11.C.b D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages: The Village, its officials, agents, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, leased or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Village, its officials, agents, employees and volunteers. 2. The Consultant's insurance coverage shall be primary and non-contributory as respects the Village, its officials, agents, employees and volunteers. Any insurance or self-insurance maintained by the Village, its officials, agents, employees and volunteers shall be excess of Consultant's insurance and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officials, agents, employees and volunteers. 4. The Consultant's insurance shall contain a Severability of Interests/Cross Liability clause or language stating that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the Consultant shall be required to name the Village, its officials, employees, agents and volunteers as additional insureds 6. All general liability coverages shall be provided on an occurrence policy form. Claims -made general liability policies will not be accepted. 7. The Consultant and all subcontractors hereby agree to waive any limitation as to the amount of contribution recoverable against them by the Village. This specifically includes any limitation imposed by any state statute, regulation, or case law including any Workers' Compensation Act provision that applies a limitation to the amount recoverable in contribution such as Kotecki v. Cyclops Welding M Packet Pg. 138 11.C.b E. All Coverages: 1) No Waiver. Under no circumstances shall the Village be deemed to have waived any of the insurance requirements of this Contract by any act or omission, including, but not limited to: a. Allowing work by Consultant or any subcontractor to start before receipt of Certificates of Insurance and Additional Insured Endorsements. b. Failure to examine, or to demand correction of any deficiency, of any Certificate of Insurance and Additional Insured Endorsement received. 2) Each insurance policy required shall have the Village expressly endorsed onto the policy as a Cancellation Notice Recipient. Should any of the policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. F. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A-, VII and licensed to do business in the State of Illinois. G. Verification of Coverage Consultant shall furnish the Village with certificates of insurance naming the Village, its officials, agents, employees, and volunteers as additional insured's and with original endorsements, affecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the Village before any work commences. The Village reserves the right to request full certified copies of the insurance policies and endorsements. H. Subcontractors Consultant shall include all subcontractors as insured's under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of the requirements stated herein. I. Assumption of Liability The Consultant assumes liability for all injury to or death of any person or persons including employees of the Consultant, any subcontractor, any supplier or any other person and assumes liability for all damage to property sustained by any person or persons occasioned by or in any way arising out of any work performed pursuant to the Contract. M Packet Pg. 139 11.C.b J. Workers' Compensation and Employers' Liability Coverage The insurer shall agree to waive all rights of subrogation against the Village of Buffalo Grove, its officials, employees, agents and volunteers for losses arising from work performed by Consultant for the municipality. 1) NCCI Alternate Employer Endorsement (WC 000301) in place to insure that workers' compensation coverage applies under Consultant's coverage rather than the Village of Buffalo Grove's, if the Village of Buffalo Grove is borrowing, leasing or in day to day control of Consultant's employee. K. Failure to Comply In the event the Consultant fails to obtain or maintain any insurance coverage's required under this agreement, The Village may purchase such insurance coverage's and charge the expense thereof to the Consultant. L. Professional Liability 1. Professional liability insurance with limits not less than $1,000,00 each claim with respect to negligent acts, errors and omissions in connection with professional services to be provided under the contract, with a deductible not -to -exceed $50,000 without prior written approval. 2. If the policy is written on a claims -made form, the retroactive date must be equal to or preceding the effective date of the contract. In the event the policy is cancelled, non -renewed or switched to an occurrence form, the Consultant shall be required to purchase supplemental extending reporting period coverage for a period of not less than three (3) years. 3. Provide a certified copy of actual policy for review. 4. Recommended Required Coverage (architect, engineer, surveyor, consultant): Professional liability insurance that provides indemnification and defense for injury or damage arising out of acts, errors, or omissions in providing the following professional services, but not limited to the following: a. Preparing, approving or failure to prepare or approve maps, drawings, opinions, report, surveys, change orders, designs or specifications; b. Providing direction, instruction, supervision, inspection, engineering services or failing to provide them, if that is the primary cause of injury or damage. M Packet Pg. 140 11.C.b Exhibit B. Proposal Documents including "Services and Pricing" F:\PTBrankin\Buffalo Grove, Village\Agreements\Professional Services Agreement (GHA 2019-01-23).docx lid c 0 E d as c ca c 0 U 0 L rt+ (n C 0 U Q 2 U rn 0 N O M O 0) O N Q 2 r� C d d d L Q 0 U 0 Cn 0 .N 0 L a c a� E s U �a Q Packet Pg. 141 11.C.b �au�en c�avE 119ty d, ne ha,1pp Hdvd' WORKS� 1uffi9';' Grove, H 6D7a.;';°1.. ';:1,98 Phone 84 7 ,n59 3,I+5 2019 Street Improvement Project & MFT Projects Construction Engineering Construction Staking TO: Gewalt Hamilton Associates, Inc. FROM: Village of Buffalo Grove Engineering Department Kyle E. Johnson, P.E. ISSUE DATE: December 27t", 2018 DUE DATE: January 11t", 2019 SUBJECT: Request for Proposal The Village of Buffalo Grove is seeking qualification statements and a cost proposal for the 2019 Street Improvement Project and MFT Maintenance Projects for Construction Engineering services. The planned process for our evaluation is: 1- January 1.::I..t" 2.01.9 by 3I1IM — 6 .uakficatiorn statements subirnrniitted to Buffalo Grove as descriibed below 2. .Jarivary 1.6 "'—1.8t"„ 2.0;J.9 — IResideri�t Erig'irieeir llinterview.s 3. January 1.8ti7 2019 by 8PM — Cost proposals submitted to Buffalo Grove as described below 4„ ..January 2.51" 201.9 — Antiic'ipated selectiu:un date S. II:::ebruary 19t" 2019 — Contract piresented to Villllage Board for approvA The following is a brief description and anticipated schedule of the work for each project. 203.9 Street Improvement Project o Pre-fiirnall erngiirneering plans and specificatiiorns Included with I�II:::P 0 4"2.1..2." of .street ireconstrucdoirn * I:::0 curb replacernent with new CA--11 base and uwunderdrain. o Replace sorrrne sidewalk corners with All )A cornpliant imlprovements. These are to be de.siigrned iin the field in coordirnatiion wl1h the contractor. * Structure adjn.u.stirnrients or repair of all cuirb and roadway structures. a Paverinent and recycled poz base removal. Minor grade changes will occur with reprofiling however the typical section will be 4" asphalt + 9" recycled base course iren-roved and replaced with .5" asphalt + 8.5" of 6;A_0 aggregate base. o Minor .storm .and sanitary sewer point irepairs. 1 Packet Pg. 142 11.C.b o Back of curb restorabo n • „62 " of .street': iresu.uirfaciirn Repace aH s0ewaH< corners wutln ADA compharnt urrrnlproverrrnernts. These are to be desug ned urn the field urn co oir&rnaltucnrn wuth tine contractor. * Spot; curb irelpaoir.s * 3" Paverynernt rn HJ and resurface wfth se�ected pavement base patcH n . • Ternitaflve SclhecNWe * F: nau Desug n — December 28f " 201 o Adverflse for 113 cl's— Il::::ebiruuairy'3ffi 201.9 * Il::H OPernii n _ Il:::elbmary 2 r"'R 2019 * Board APlpirovaJ — March 1Lr' 201.9 * Pre rnstra.0 tuo�rn Meeturng — Apr J 1!, oa2019 * Construcdon ,Start — AlprH 15t", 20.19 * Constructlioin End —June 28"' 201.9 * IPunch J...iist Cormp�efl oiri---Jully '12"' 2019 0 II....o catlioi ns ofwork:: * F::rerncnrnt Way — Carrn ern Ct to I rustoJ ILrn (Resu.urface) F::rerno nt Way— F::rerrrno nt Way to Ark n ton J....�6ghts Rd (Resurface) a IF rerncnrnit Way---- IIII... Route 53 to IF rernnoirnt Way (Resurface) * Caren Dive -ThorpsorW to Thompson I13W (Reconstruct) nD Rornrnue Drve— Thcnmpso n Bh/off to Thompson fflvd (Reconstruct) a 1.00 local funds used four the project 2019 Pavement Patching Project o Il....ast year®s Nd tali and package urncUed Oass D Patches" Type H--N, 2"-4" o Largely fo cuused on Type IV, 2" (patches to cover workthat cannot Ilene completed by Pusubhc. Works crews and h6p to extend the current kfe of �ong stretches of pavement 0 Terntadve Schedu�e * F:urnaJ Des'ug n—,January .1.t", 2019 rr Advertii.se for B ds — Il:::ebru.uairy '13'11 201.9 * 113W OIperniirn — lf::ebruary 2 r"'„ 2019 rr Board AplprovaJ — March l8ri, 2019 * Precornstru.uctucnrn Meeturn — TBD rr Cornstruct6oi n Start — May t"'p 2019 * Cornstructiiern IE::rnd — May 20", 2019 a Il....ocaflo n s ofwork:: 2 Packet Pg. 143 11.C.b * Anderson II....rn, F:arrnswortlhn Lrn, F: rarnkh n II....n, 113rustoIl....rn and other" streets suurrouurnofurn the F:rerrnornt Way resuurfaeurn work„ * 3 -5 other rn6gh borhoro ds of collected pato Vnurn * IPos.siVy a few urge patches around town that 11=Iubhc Works crews cannot eorrnp�ete no% w::..r funds used for the project 19 Pavement Stripling IProject o Replacuing any stidpung dN sltouirlbed Piro m the 2019 11=Iaveirnnernt IPa1tcNin o:nir 201.9 Street �m pro vemernt Projects • �mprovung any sffipung paced between 2012 and 2016 m IlMay 6rnclluuowed ireirrrnonvA and irepace orjuu.st u:onuuchn up paceirnent • Includes a few Vof la e owned pairlkiirng dots m Teirntatiiwre Schedule * IF::uirna� IDesugn----JairnUairy 1. 1.r.i1 2019 * Adverbse for Il:'Ms — F::ebruuary 13oi7 2019 * M Opernurn — F::ebruuary 28 r" 2019 113maird Appiro vat ---- March 18"' 2.01.9 o IPreco nstru.ucdonrn Meeflirn — TBD o C;o�rns�truuetuo�rn Baru: — June 28 r�, 019 rD C;ournstruuetuorn End —I u y 3r", 2019 0 ILo cat: o n s of work: o Varuonuus kxaltuorn.s .sparnrniiim tine ern'bre Vulla, e 0 100% MFT funds used for the project 019 Sidewalk Ilimpirovernnent Project o Il....ast year's Ik d tab and 1packa e 'urncluuded c, rMs year's terntat'uve qu.uarntk ty schneduu�e * Ra: mo vat and reps acernnernt of 5" FICC SudewMk where broken, heaved, ofupped, cracked or etlhneirwii.se defeoadve • Sornne areas that are adversely affected by tree roots MH have pruurniirn cornpn eted pricer to the relp acernnernt • SHewAks repacerrnernt that wufl adversely affect bu.usurnesses„ homeowner w ner or schwas wffl requuuire o orn.slideralbu e cuustorrner seirvli e and pkarnrnurn * Ternitartuwre cheduu�e • Il:::uirna� Desug n----January 1 "' 201 • Adverflse for 1:Ms — Il:::ebruuary 13k1' 2.01.9 • 13ud Opernurn — February 2.8f" 2019 3 Packet Pg. 144 11.C.b • Board Approval — March 1W[" 201 o FIreconstruction Meeting — TIT 0 Construction Start — June ,31'c 2.01.9 c:> Construction IE::nd—July;3rn, 2.01. a Locations of work:: o Areas of repair wall be rnultiple and various but wall be roughly confined between (Lake Cook broad arid Bernard Drive as well as BufWo Grove load and Adirngtorn 1106ghts Road„ 100% M :T funds used for the project. The Village has used the results of the Request for Qualifications process, completed in 2017, along with other mitigating factors to determine your firm's ability to potentially serve as these projects resident engineer. The overall services the Village requests to be included with your proposal (detailed in the attached spreadsheet): L Preconstruction IVleet'ing and 0oordinat'ion a. prepare an agenda and lead the preconstruction rneeting. b„ (Provide irna~7ietnng minutes to aH attendees,, c. IReview shop drawings (with Vulllage input), schedule, subcontractors and all other prelirrrn4mry information before starting work. d. Curb patches will not be laid out on the plans,, it is expected the construction engineer will .select these areas„ e. ADA corners will only be designed at controlled .stops„ It is expected the construction engineer will determine the lirrrnits of removal and design the rrnodifications in the field to ensure current compliance with current rules arid regulations. 2. Construction Observation arid Docuurnentation a. Ft.ulktime construction observation. The Village does riot allow for ,Saturday work unless it creates an overall benefit to the residents. if it is permitted then one full) day is removed from the compkAt on date. ba Conduct weeHy progress meetings arid supply all attendees with meeting munuutes„ c. Il::::nsure all materials and procedures are in conformance with the contract,, plans and specifications„ d„ Ma'irntaiin IID T inspection rates. e. Create a photo log of the construction process along with preconstruction docurynentation photos as detailed in the attached spreadsheet. f„ C onnnnunicaa:e with all residents about th61r project irelated concerns 41 a tirnely and detailed irnnanroer, 4 Packet Pg. 145 11.C.b g„ Ma'intain daily documentation in accordance wuth Do rs docu rrientat'ion of contract quandtues and complete weekly reports for the contractor's and Viillage°s use. h„ Create and agree to pay estirnate.s wiith the contractor„ and then provii e recorrnmerndaborns to the Village. i. Other various tasks as needed to cornnplete the project work.. j. After the contractor has subrnnitted rnotice of fiinal corripleflon in wriiting of the project the Village wiill wank the sine wiith the contractor to assemble a puriclhn Hst. The construction engineer will need to be present for this wank through and all of the contractor"s effort in completing the punch list work. The Village will then complete the fiinal) walk through when all) of the punch Hst work its corruplete„ As the extent of purnch ll.st work is unknown at thlis drrie please use 80 hours of construction engineer time and 1.2 hou.urs of project rnanager for-, this portion of the work on the 201.9 Street Improvement Project„ others detailed in a similar forimat iin the attached spreadsheet. IC)ocurnernta'don C oseout a. Revew contractor sulbrr teed record drawings if applicable. Ib. Agree to final quantities with the contractor. c. Cornplete a road by iroad cost (breakdown" details to be .suppked by the Viilllage„ d„ Include g hours of dirnrne for the following fall and g hours for spring 2020 to check on restoradorn status and arrange repairs as needed„ 4. Construction Stating a. Allowances detained iiri attached spreadsheet. If your fiiirrnm cannot provide these seiMces and would have to subcontract thernn frornn another fiirim please indicate who the other firm would be along with your expected rnarkup to facilitate the contract. Qualification Submission Criteria Quakfiicat'iorn Staternents .shall be labeled with the coiryiparny narne and be marked or endorsed Voll3IG--201 .10 —Qualification Statements, Construction IIEngirneenrig The following information will be needed in your qualifications statement to allow the Village to choose whom to proceed with on this project. t. Submission on Resident Il::::ngineers a. Detailed resurnne of the senior resident erngirneer with background displaying focus on .sirn"niilar work to this project. (I. page rnniniirriurn, 2 pages rn"naxirnnurn) b„ Detailed resume of the junior resHent engiineer Wirth background d°usplayirig focus on similar work to this project. ('ll page ra: qL ired) 2. Subrrnissiorn on Supporting .Staff 5 Packet Pg. 146 11.C.b a. Brief resumes of all support staff to be utihzed„ (1 (page maximum) . Scope of Services a. I)etail.s to irn"natelhn requirements ofthis request. Anythingthat was not specifically cited here (please make specific note of and uncle why it its critical to project success. please show any world outside our requested swipe as its own line item most as well. 4. Quakfications ,Staterrnent(s) a. IBrief statement (I. (page rn~naxiirnnurn) on why your fiirrrn its the Kest flit for these specific projects technically, by scope of work or with the Village of Buffalo Grove. b„ 13riief statement (I. (page maxiimumuim) on why your fiirim is the best flit for these specific projects frrom time Ipeirslpec-flve of Ipuaubhc relations and resident communication. 5. Illn lud'ung a cost proposal with thus submission may dis .w:u [J. that firm from -the selection process. 6. A fLdlly completed, signed and sealed Pulhnliie Contract Statement Mast (page of tints docurnent) 7. Submit two hard copies and one digital (thurnb drove or burned to disk) to (Kyle ..Johnson, 51.. Rau.ilplp Il: W., 113uffalo Grove, II IL 60089 by the date and firn"ne specified above. Information on the Resident Engineer Interviews. 1. interview will be between Viliage staff and resident Engineer only. 2. interviews can be scheduled at the following times: a. Wednesday, ,.lanuwUary .1.6"', 201.9 -- lIpirn — 2.Iprnn b„ Wednesday, ,.lanuwUary .1..6"', 201.9 -- 2.Ipiryn — 9lprnn c.. Thursday,January l7t"', 2019 -- gam — 10am d„ Thu.ur'sdayp ,.Janu.Aary 1 7ri7N 2019 -- 10arn — l larn e. Thursday, January 1.7rs,M 2019 -- l l.airrn----'q..2pirn t Thursday, January :1..7th, 2.019 - :l..lprrn ---- 2pirn g rviursday, ..January 17t", 2019 -- 2.am — 3pm h„ l=riday, ..January l8t"'a 2019 -- 9am —1 arn i„ Ii::ridayp January ..1.gthN 2019 - 1.0arn ---- .l...l.am ll...ridayp Jarnuary1. ... i7N 2019 -- :l...lam ---- :1..2.Ipm k„ F:riday, January 181, 2019 -- 1pm — 2pm L F:ridayd ..Janu.iary 8t" 2019 -- 2am — 3Ipm Cost Proposal Submission Criteria Cost proposals shall be labeled with the company name and be marred or endorsed: VoBG-- 2019--10 —Cost Proposals, Construction Engineerirng 6 Packet Pg. 147 11.C.b The following information will be needed in your proposal to allow the Village to choose whom to proceed with on this project. 1. u..Jtuuuze the attached spreadsheet to deveuop a totau Not to Il::::xceed ( TE) Overauu Project Cost„ The hours .shall) snot be adjusted or chairmged. A fiirrnn irnay Oect to 'incoirporate the uinfo rirnnatuorn unto theiir own formattung or duspuay„ however the base unfoirrrnatuon and presentatuorn shall be changed. a. Any objection to the hours stipuuated can be summarized in a bruefd 1 page rnnaxurnnuirnn wrute_Up, The Vulluage of Buffalo Grove irnnay cl&uss any objectuorns with that firm and irrnay utulluze that unfoirmatuon in theiir .sellecflon of a firim. The Vullage",s deveuopment of the hours shall not serge as a bases for a contract change order at a dater date;, therefore it us the firms reslponsibufuty to establish an appropidaU:e understanding with theiir proposal)„ 2. 110ourlly B hung IRates a. rmes to reflect all staff to be used un thus project . Subm'ut two hard copies urn one sealed enveuope to (Kyle ..Johnson, 51 Raupp 13: vd„N Il: uffauo Grove, I1... 60089 by the date and turne .speciifiied above„ ll::Iroposals walla not be publlucalluy opened or announced. Other information critical to proposal formation: * The Vullage wiill hiire a irrnateidals coin su.jltarnt for concrete, asphalt souls and aggregate testing. Th6r contract weal be direct to the Vuulage, however the constructuorn enguneeirung irnay rneed to cooirdunate theiir seir0ces. * The Vuulage weal review auu certified payrouu and waivers of hen„ * IKyue Johnson, 0vH Enguneer uu roroauul be the primary point of contact for thus work. 'The cornstirUctuon enguneerr weal snot be expected to coordinate Vulluage staff for shutdowns or otheir work,. Do not pirovr de any corntlingeincy of houirs or value 6n your propossau. * Water serv'uces from the rnnairn to the house are owned by residents urn BufUo Grove. Under JUII....IIE Ilaw the contractor us irequiired to protect thern wlIhout any uocates. As a courtesy,, the Vuulage may uocate the b--boxes to heap gu.uude the contractor" but they weal not trace any Hines. ut us the Vuulage's expectation that the constructuon enguneer weal coord°ornate t:hii.s effort with the contractor before and duriing the work. * The Vuulage expects that the entirety of the contractor's work wuul adeuateuy be observed and `un.spected. Owen the project .scheduue and .scope of work to be accoirnnplushed ut ii.s expected support staff weal be needed„ IF=oir the purposes of thus proposau forrnnabon a "°ja,urnior" res. dent enguneer shouud be made avaivabue frornn approxurnnateuy May 6t['N 201.9 to Ju.uuy 3 r d 2019. Based Upon the 1puanned scheduues ut us 7 Packet Pg. 148 11.C.b expect thejunior resident en&eer wall serve as the pnmary inspector on the ffollowin projects with senior res'ident en&eer oversight:: o I::Iavernent II=1atchin I::1roject — IlMay 6"' --24th c:> li::rernont Way lResurfacing — A three weep perM of IlVliay .8"' —June .8"' * Pavernent lVBaddrig Project— Parttime betweenJune 28th and ..i Ay S"d * Sidewalk lnnprovenrnenit Project —A three week period ofJune "`u —Judy 3rd • The junior resudenut engineer must have at least 1 year of servr ce time in refuted work. • lff projects overlap in an unexpected manner the Village us open to utilizing either, one of the consuulhawarn 's suvurnnirnneir interns or our own Qiiff avail able) to help IMdge a sirnrnalll gap. If the gap us signffiicanit a change order can be diiscuussedm however phis shall) be done before any addrdonA work its completed. Responses will be scored: 0% -- Overall ffirrn quuahffocations toward the speciffic project with emphasis on the project irTmnager°.s aU rty u:o strearrnkne th6r .services and .support to the Viilllage. 0 60% -- Quuah icadons of the Resident Engineer. 0% -- Value of the servr ces based on quuahty and applicautuon to the speciffic project. 'The Viillage reserves the Hglhnut to negoflate with all or any of the re.sporndirig firms. RESERVATION OF RIGHTS the Village reserves the right to accept the submission that is,, in lots Judgment, the (best and most ffavoralblle to the iinterests of the Wllage and the public; to reject -the llow price suulbrrdttalp 'to acceptany ulternn on the Cornutiractoir (.;(:)rnsuullotariot's suubirrift,tA or a poirdon thereof; to reject any/all suubrriissions, to accept and incorporate corrections, clarfficeutions or rriodiffications following the opening of the Contractor/Consultant's suubmssion when to do so would not,, in the Vulllage® opinion, prejudice the procurement process or, cireaawe any improper advantage 'to any oirntlractoir/CoirisulI' tint; and to 'O a� ve Vrre ularVUe.s and nnforrnalTdes V n the procurement process or in any suubmss'ionp prodded„ however„ that the waiver of any prior defect or, infforrrnahty shall not be considered a waiver of any future deflects or Morrrnaht'ies„ and the Contractor/Consultant should not rely upon, or antcipate, such waivers in suubm tfing th6r su.ubms.sion.s„ The eunfforcernent of tMs Re.serva lion of IRlights by the Wllage .shall)) not be considered an Ateration of the response, In addft'ion to the V!Ma e° rights above, the VITa,ge reserves the right to reject any and all response iff the eMence suubrrr t ed by, or investigadon of such Contractor/onsuulternt fails to satisffy the Village expectations or accept any ftern in the Contractor/Con.suu[tant'.s .suubrn ttal or a portuon thereof. 8 Packet Pg. 149 AFinGEWALT HAMILTON I ASSOCIATES, INC. v� g"'A „" w Y ,114 V AAA tl m I ` Packet Pg. 150 11.C.b GEW ALT HAMILTON ASSOCIATES, INC. January 11, 2019 62.5 forest Edge Drive Verrion Hills, IL 60061 847.478.9700 II°IIA IFnn iinneeirs.coirrrn Kyle E. Johnson, P.E. Village of Buffalo Grove Engineering Department Fifty One Raupp Blvd. c as Buffalo Grove, IL 60089 E as as c Re: 2019 Street Improvement Project and MFT Projects (VoBG-2019-10) c GHA Proposal No. 2079.CS001 0 U L rt+ N C Dear Kyle, 0 U Q 2 Thank you for the opportunity to provide Gewalt Hamilton Associates' (GHA) proposal for Buffalo rn Grove's 2019 Street Improvement and MFT Maintenance Projects for Construction Engineering N Services. This proposal represents more than the information needed to successfully complete this 0 fast -paced, intricate project. It also is intended to portray GHA's desired role as your dependable civil 0 engineering resource now and into the future — on time, on task and on purpose. 0) 0 N Q As you may already know, VoBG-2019-10 is a project that falls well within Gewalt Hamilton's skill set and realm of vast experience, both with the Scope and with our relationship with the Village of d Buffalo Grove. Based on the stated Scope of Work, GHA has the resources, capabilities and profound E as understanding of the project to operate at the highest levels of efficiency. a, Q as Please find GHA's complete Qualification Statement in response to VoBG-2019-10: 2019 Street Imporvement Project and MFT Projects. We believe GHA would make a effective and efficient choice y in support of Buffalo Grove's goals of value through cost containment, timeline adherence and sensitive c public information management. U) 12 0 i a Sincerely, c a� Leo X. Morand, PE Q Gewalt Hamilton Associates, Inc. Project Manager for VoBG-2019-10 Direct: 847.821.6229 LMorandC�GP...IA-Enr�ineers.com COSTPROPOSAL. TO BE' SUB1.7..771.:D JA UARY 78, 2019 Packet Pg. 151 11.C.b Packet Pg. 152 n 11.C.b Firm Officers-. Gewalt Hamilton Associates, Inc. is a civil engineering firm that guides our clients to bring the community's goals of safety, convenience and Principal: improving quality of life into reality. Dave Gewalt, PE A privately held corporation, GHA has been providing civil engineering Brucer services for over 37 years, is headquartered at 625 Forest View Drive, E Venon Hills, Illinois 60061. GHA (FEIN 36-3426053) is uniquely positioned President: to deliver precisely the services outlined in this RFP, by means of an Mike Shrake,extraordinarily experienced staff lead by company Officers, as shown in left o column. Vice resident: L y Don Matthews, PE We believe that intentional and thorough communication is the key to earning and retaining valuable relationships and Gewalt Hamilton promotes = Treasurer: this throughout every project. Our highly credentialed project managers � Art Penn, PEfocus on recognizing opportunities to improve outcomes and reduce N Secretary: uncertainty. o Pat Glenn, PE T_ Although GHA includes seasoned engineers boasting decades of experience, o we also value the fresh, energized perspective of our younger staff, which N results in a blend of the best civil engineering has to offer. T Gewalt Hamilton is a full -service firm, offering a very wide range of accurate, timely and valuable civil engineering services, but understand that within each service division are highly qualified subject matter experts in their specialties. Gewalt Hamilton Associates is pre -qualified with the Illinois Department of Transportation in 14 categories: • Construction Inspection • Feasibility Studies • Hydraulic Reports: Waterways Complex • Hydraulic Reports: Waterways Typical • Sanitary Engineering • Location Drainage • Reconstruction/Major Rehabilitation • Roads & Streets • Safety Studies • Traffic Studies • Signal Coordination & Timing (SCAT) • Traffic Signals • Electrical Engineering • Surveying Packet Pg. 153 n 11.C.b Dave Gewalt - Founder Bob Hamilton - Founder Gewalt Hamilton's roots are in municipal engineering services. Founded in 1981, the firm began with two engineers — Dave Gewalt and Bob Hamilton — both driven to exceed clients' expectations. Over the last 37 years, we have expanded our capabilities to address the evolving needs of municipalities. Today, GHA is a multi -disciplinary organization of over 90 full-time staff members who provide comprehensive services aligned to meet and exceed the wide-ranging needs of our clients. We leverage the technical knowledge of our staff with real world experience to deliver the highest level of process -driven service. "GHA serves municipalitieso well because ♦ been core of our business from, beginning. Gewalt Hamilton statepartnered with countless municipalities, as well as county and agencies,! !♦ ! ♦ agencies,! ♦commissio and townships. with great success and mutual satisfaction" I Numerous GHA Staff currently serve as full-time municipal engineers for eleven Chicago -area municipalities and on an as -need basis for more than 40 additional communities. Our wide range of services allows communities access to the resources of a full -service engineering firm without having to fund these services on a full-time basis. We actively address the fluid nature of public projects, planning issues, and the need to maintain a positive relationship with local residents and businesses, knowing that GHA personally represents the Village's desire to minimize disruption and mitigate the uncertainty that commonly affects the public during projects designed to improve their environment. Packet Pg. 154 n 11.C.b Education BS: Civil Engineering, Morgan State University, 2011 MBA: Roosevelt University, 2018 National Highway Institute Safety Inspection of In -Service Bridges I DOT: • Documentation of Contract Quantities • Hot Mix Asphalt Field Inspection • Radiation Safety & Nuclear Density Tester • Work Zone Safety & Traffic Control • Earth Excavation & Embankment • Small Drainage Structures • Pavement Patching • Piling Civil Engineer Gewalt Hamilton Associates, Inc. 847-821-6206 JHoust:ona, GHA-Engineersa om PROJECT ROLE: SENIOR RESIDENT ENGINEER Experience Mr. Houston is a Construction Engineer with seven years of intensive construction experience. During his four years of employment with IDOT, he worked extensively with contractors and regulatory agencies, and assumed leadership roles on several large-scale projects. Since joining Gewalt Hamilton in early 2015, Mr. Houston has been responsible for the construction administration of several roadway and infrastructure improvement projects. Duties have included construction observation, conformance with plans and specifications, schedule and budget adherence, documentation, materials inspection management, quantity calculations, and coordination with clients, contractors, agencies, and the public. Central Road Improvements and Illinois Tollway Ramp, Schaumburg, IL Mr. Houston was the Materials Coordinator for the approximately $13.4 million Central Road Reconstruction and 1-90 Tollway Ramp Construction project in Schaumburg. This Cook County Department of Transportation and Highways and Illinois State Toll Highway Authority joint -funded project consisted of the re- construction of Central Road from Roselle Road to Ela Road, and construction of an on -ramp to the 1-90 Jane Adams Tollway, including a new electronic toll plaza. The project also includes substantial earthwork, storm sewer and culvert improvements, land bridge construction, shell piling, concrete pavement, curb & gutter, traffic signals, street lighting, sediment and erosion control, pavement marking, signage, and landscape restoration. Mr. Houston's responsibilities included construction observation and project documentation. This project also required extensive and effective communication and coordination with adjacent business owners. Professional Registration 2017 Road Maintenance Program, Kildeer, Illinois Illinois Licensed Professional Mr. Houston served as the Resident Engineer for the $290,000 roadway Engineer #062.067540 resurfacing project. Improvements included approximately 1.1 miles of milling Lake County Designated Erosion and resurfacing, spot curb & gutter removal and replacement, minor drainage Control Inspector (DECI) improvements, and parkway restoration. Mr. Houston was responsible for field engineering, general layout, construction observation, documentation, material Memberships inspection coordination, quantity measurements, and resident coordination. American Society of Civil Engineers National Society of Black (continues) Engineers Packet Pg. 155 n 11.C.b Sunset Drive, Round Lake Beach, Illinois Mr. Houston was the Resident Engineer for the improvements to a 0.22-mile segment of Sunset Drive, from West Hawthorne Drive to Oakwood Drive. The $385,000 project included full HMA pavement reconstruction, curb & gutter, storm sewer improvements, and new sidewalk. In addition, the project lowered the roadway profile to improve site distance. Mr. Houston provided construction layout, full-time construction observation, and coordination between the Village, residents, and the contractor. 2016 Roadway Improvements, Northfield, Illinois Mr. Houston served as the Resident Engineer for the $596,000 roadway resurfacing project. Improvements included approximately 1.7 miles of milling and resurfacing, spot curb & gutter removal and replacement, pavement patching, minor drainage improvements, and parkway restoration. Mr. Houston was responsible for all aspects of construction, including conformance with plans and specifications, schedule and budget adherence, material inspection management, and coordination between the Village, residents, and the contractor. MFT Road Maintenance Program, Mundelein, Illinois Mr. Houston served as the Resident Engineer for the roadway resurfacing project. Improvements which included; milling and resurfacing, spot curb & gutter removal and replacement, pavement patching, minor drainage improvements, and parkway restoration. Mr. Houston was responsible for all aspects of construction, including conformance with plans and specifications, schedule and budget adherence, material inspection management, and coordination between the Village, residents, and the contractor. 2015 Road Maintenance Program, Lincolnshire, Illinois Mr. Houston served as the Resident Engineer for the roadway resurfacing project. Improvements included milling and resurfacing, spot curb & gutter removal and replacement, minor drainage improvements, and parkway restoration. Mr. Houston was responsible for field engineering, general layout, construction observation, documentation, material inspection coordination, quantity measurements, and resident coordination. Packet Pg. 156 n 11.C.b APWA Construction Inspection 201: Project Management IDOT Documentation of Contract Quantities #17-13128 Lake County Stormwater Management Commission Designated Erosion Control Inspector (DECI) NASSCO Certified in PACP, MACP and LACP # U-0318-070300981 Construction Engineer Gewalt Hamilton Associates, Inc. 630-456-6015 WascellaCZGHA-Engineersecom PROJECT ROLE: JUNIOR RESIDENT ENGINEER Experience Nico J. Cascella is an Engineer Technician with over three years of experience in construction observation, documentation, underground utility observation, construction layout, and project administration. As a field engineer, Mr. Cascella has managed and assisted on a variety of municipal, state, and private sector projects with responsibility for construction observation and coordination with residents, business owners, and regulatory agencies. 2018 Maple Hill Subdivision Improvements Project, Village of Mundelein Mr. Cascella provided construction observation services for this capital improvement project. This locally funded project totaled over $3.7 million, and included; new water main/services, storm sewer, pavement patching, milling and resurfacing, curb & gutter, full -depth roadway reconstruction, sidewalk, ADA improvements, and landscape restoration. Mr. Cascella was responsible for construction observation, including conformance with plans and specifications, schedule and budget adherence, material inspection management, and coordination between the Village, residents, and the contractor. 2017 Utility and Roadway Improvements Project, Village of Mundelein Mr. Cascella provided construction observation services and assisted the Resident Engineer for this capital improvement project. Totaling over $3.7 million, this project utilized MFT and local funding. The project was completed in multiple areas within the Village and included; 6,750 feet of open -cut and directionally drilled water main, 176 new water services, 3,500 feet of storm sewer, pavement patching, milling and resurfacing, 18,000 feet of new curb & gutter, full -depth roadway reconstruction, sidewalk, ADA improvements, and landscape restoration. Mr. Cascella was responsible for construction observation, including conformance with plans and specifications, schedule and budget adherence, material inspection management, and coordination between the Village, residents, and the contractor. North Avenue Improvements, Villages of Deerfield and Bannockburn Mr. Cascella was the Inspector for the $2.5 million federally and locally funded improvements to North Avenue in the Village(s) of Deerfield and Bannockburn. Improvements included storm sewer, sanitary sewer system upgrades, water mai roadway widening and reconstruction, and parkway landscape enhancements. Mr. Cascella was responsible for construction observation in conformance with IDOT specifications and documentation, materials inspection management, and extensive resident coordination. Packet Pg. 157 n 11.C.b BS, Civil Engineering, Rose-Hulman Institute of Technology, 2002 Professional Registration IL Licensed Professional Engineer No. 062-059505 Memberships American Society of Civil Engineers American Public Works Associate/Senior Engineer Gewalt Hamilton Associates, Inc. 847-821-6229 L orandGHA-Engineers,com PROJECT ROLE: PROJECT MANAGER Experience Mr. Morand joined Gewalt Hamilton Associates, Inc. in 2001 as an intern. After receiving his degree in 2002, Mr. Morand became a full-time project engineer focusing primarily on municipal engineering, site design, construction engineerinc and maintenance planning. Mr. Morand works directly for numerous government agencies. Annual Road & Utility Improvements, Village of Buffalo Grove Since 2013, Mr. Morand has helped the Village establish long-range goals for water main, storm sewer and roadway budgets, and assists the Village in determining project limits as well as broad -scale scope for future capital improvement projects. Mr. Morand works with Village staff to develop budgets for Board approval, and also aids in determining funding sources, potential additional taxes/charges on current Village water bills. Projects typically include surveying, water main design, roadway design, roadway resurfacing, MFT funds, permitting, resident coordination, and Resident Engineering during construction. . Association Main Street Water Main, Village of Barrington National and Illinois Society of Mr. Morand served as the Project Manager for the design of 2,885 If of water mail Professional Engineers improvements along Main Street. The project included relocating the water mains from the IDOT right-of-way to the Village right-of-way behind the buildings, and relocating the storm sewer from under existing buildings to the Public right -of -wad As the project limits traverse the Union Pacific Railroad (UP), GHA worked with tl- UP to shift train traffic in order to limit the need for reinforced excavation along thi railroad. Construction was completed in two phases, with a large percentage of tl utility work in the right-of-way completed during nighttime construction in order to limit traffic disruptions. The project received the APWA Public Works Project of the Year Award for Environmental — Less than $5 Million. Sanitary Sewer Replacement & Associated Infrastructure Improvements, Village of Barrington a Mr. Morand was the Project Manager for a $12 million infrastructure improvement project constructed in 2017 and 2018. This included 5,200 linear feet of full -depth roadway reconstruction; 800' of replacement water main; new 60" storm sewer; and new 12"-30" sanitary sewer buried to depths between 5' and 33'. The project addressed sewer surface surcharge in a key location within the Village by reducir inflow and infiltration and increasing sewer capacity, sanitary sewer spot repairs. GHA services include topographic surveying, design engineering services, preparation of permit applications, bid documents, and specifications Packet Pg. 158 n 11.C.b BS: Civil Engineering, Iowa State University, 2010 Professional Registration State of Illinois Licensed Professional Engineer #062-066656 Certified Floodplain Manager No. I L 16 00748 Memberships American Society of Civil Engineers American Public Works Association Civil Engineer Gewalt Hamilton Associates, Inc. 847-821-6235 B esoiowskiOGHA-Engineers.com PROJECT ROLE: PROJECT ENGINEER Experience Mr. Wesolowski is a civil engineer with six years of industry experience. As a student at Iowa State University, he began working as an intern at GHA in 2007, and joined the firm full-time following graduation in 2010. Mr. Wesolowski's work has been concentrated on municipal engineering and construction phase service; He works closely with clients to design capital improvements and coordinates witl contractors to ensure quality work on a variety of projects. Mr. Wesolowski also assists with addressing issues that arise during construction. Annual Road & Utility Improvements, Village of Buffalo Grove Mr. Wesolowski has served as Project Engineer for several annual infrastructure improvement projects. Totaling over $7 million, the 2016 program was completed in multiple phases. Improvements included 4,100 ft of full -depth roadway recon- struction, 9.5 miles of roadway resurfacing and reconstruction, curb & gutter, ADS curb ramp upgrades, 3,500 ft of new 8" watermain, and new 24" storm sewer. Th( 2017 Roadway Improvement Project included 2.5 miles of roadway resurfacing, full -depth removal and replacement, and curb & gutter spot repairs, and ADA sidewalk ramp upgrades. The 2017 Watermain Improvement Project consisted of installation of approximately 450' of 8" ductile iron pipe. The Linden Avenue Forcemain Replacement Project was a critical replacement of a portion of failing sanitary forcemain which required coordination with USEPA, IEPA, and LCSMC. Annual Road and Utility Program, Barrington Mr. Wesolowski serves as Project Engineer for the design of the Village's annual roadway reconstruction/rehabilitation and utility improvements. The programs typically include new watermain, storm sewer upgrades, sanitary sewer replacements and storm and sanitary sewer spot repairs. The programs average approximately $750,000 in water main and approximately $1 million in roadway improvements annually. Municipal Road Improvement Programs Mr. Wesolowski provided construction observation, preparation of plans and specifications, docu-mentation of quantities, and coordination with residents, the contractor, and the Village on the following roadway improvement projects: Village of Inverness Cuba Township Packet Pg. 159 n 11.C.b In addition .; the services specified by the Village, GHA will also provide the features italicized as part of our normal 1. Preconstruction Meeting and Coordination a. Prepare an agenda and lead the preconstruction meeting. b. Provide meeting minutes to all attendees. C. Review shop drawings (with Village input), schedule, subcontractors and all other preliminary information before starting work. d. Curb patches will not be laid out on the plans, it is expected the construction engineer will select these areas. e. ADA corners will only be designed at controlled stops. It is expected the construction engineer will determine the limits of removal and design the modifications in the field to ensure current compliance with current rules and regulations. 2. Construction Observation and Documentation a. Full-time construction observation. The Village does not allow for Saturday work unless it creates an overall benefit to the residents. If it is permitted, then one full day is removed from the completion date. b. GHA will make observations of the utility marks provided by the J. U.L.I.E system and address potential conflicts with the contractor. C. GHA will perform daily traffic control inspections in addition to the required weekly and bi-monthly during night hours, and respectively submit deficient remarks to the Contractor with appropriate corrections requested. d. GHA will provide National Pollutant Discharge Elimination System (NPDES) monitoring in compliance with the ILR10 permit and Designated Erosion Control Inspection (DECI) services, as necessary. e. Conduct weekly progress meetings and supply all attendees with meeting minutes. f. Ensure all materials and procedures are in conformance with the contract, plans and specifications g. Maintain IDOT inspection rates. h. Create a photo log of the construction process along with the preconstruction documentation photos as detailed in the Request For Proposal spreadsheet. i. Communicate with all residents about their project related concerns in a timely and detailed manner. j. Maintain daily documentation in accordance with IDOT's documentation of contract quantities and complete weekly reports for the contractor's and Village's use. k. Create and agree to pay estimates with the contractor, and then provide recommendations to the Village. ( on in d) Packet Pg. 160 n 11.C.b 3. 4. m If a field change or authorization is required, whether force account or agreed unit price, GHA will notify and advise the Village prior to making any decisions. In addition, our detailed documentation of the Contractor's daily activities will help provide sufficient information to permit verification of the nature and costs of any changes in plans or authorized extra work. Other various tasks as needed to complete the project work. After the contractor has submitted notice of final completion in writing of the project the Village will walk the site with the contractor to assemble a punch list. The construction engineer will need to be present for this walk through and all of the contractor's effort in completing the punch list work. The Village will then complete the final walk through when all of the punch list work is complete. As the extent of punch list work is unknown at this time please use 80 hours of construction engineer time and 12 hours of project manager for this portion of the work. Documentation Closeout Review contractor submitted record drawings if applicable. Agree to final quantities with the contractor. C. Complete a road by road cost breakdown, details to be supplied by the Village. . d. Include 8 hours of time for the following Fall and 8 hours for Spring 2020 to check on restoration status and arrange repairs as needed. Construction Staking a. GHA will perform the required Construction Staking services, and we are in agreement with the Village's proposaed allowance. As a representative or liaison of the Village of Buffalo Grove, GHA staff understands the importance of our interface with the public, and will conduct all dealings with public officials, business owners, residents, and the traveling public with professionalism and courtesy. We will utilize measures outlined in our Public Relations Plan as necessary to provide prompt, considerate attention to the problems and concerns of the affected groups on behalf of the Village. Packet Pg. 161 n 11.C.b ► GHA has provided Resident Engineers for the Village's road program since 2014 ► GHA designed the improvements and we are the most familiar with the current design standards the Village expects on these local road program projects. ► GHA worked with the Village to develop the general conditions and project requirements of the contractor and will be the firm most familiar with these requirements and the nuances of the general conditions and other requirements of the contractor. ► The design team for this project will be actively involved during the weekly meetings and be able to most easily interpret the design drawings if issues were to arise. ► GHA performed RE work of a similar construction technique in 2016 and will be able to leverage that experience to help protect project momentum. ► We have fully reviewed the as -built drawings from the previous road program for the reconstruction streets and have made ourselves aware of potential cost savings to the Village by reducing haul off in areas where reconstruction may have already been completed. ► Since we have performed RE work in the Village since 2014 we understand the processes the Village follows for public relations and resident communication. ► If the Village chooses to utilize their CartaGraph system for this project, GHA pledges to ensure that our RE is informed to the greatest extent possible in the use of the system. This will help reduce the Village's time burden for training, although some refined training, specific to this project's use of CartaGraph, would enable our RE's best use of the tool. ► We have assisted the Village in developing a portion of the standards associated with construction contractor requirements and are intimitely familiar with them. This enables keen notice if anything is going off track and needs to be addressed before it becomes an issue with resident complaints. ► As a strong alternative, GHA has developed and continues to refine a Public Relations Planning process that addresses all key areas of thorough public opportunities for participation, feedback and satisfaction. Packet Pg. 162 n 11.C.b The following items shall be included in GHA's COST PROPOSAL, to be submitted January 18, 2019 as directed: 1. NOT TO EXCEED (spreadsheet) Packet Pg. 163 n 1 I.C.b VILLAGE OF BUFFALO GROVE PUBLIC CONTRACTSTATEMEN'rs The Village of Buffalo Grove is required to obtain certain information in the administration and awarding of public contracts. The following Public Contract Statements shall be executed and notarized. PUBLIC CONTRACT STATEMENTS In order to comply with 720 Illinois Compiled StatUtes5/33 E-1 etseq., theVillage of Buffalo Grove requires the followingrzeirtification be acknowledged: The below -signed Con, tractor/Consu I rant hereby certifies that it is not barred frorn Bidding or supplying a niy goods, services or construction let by the Village of Buffalo Grove with or without Bid, due to any violation of either Section 5/33 E-3 or 5/33 E-4 of Article 33E, Public Contracts, of the Chapter 720 of the Illinois Compiled Statutes, as amended. This act relatesto interference with public contracting, Bid rigging and rotating, kickbacks, and Biding. CERTIFICATION RELATIVE TO 65 ILCS 5/11-411.1 In order to comply with 65 Illinois Compiled Statutes 5/1.1-42.1.1, the Village of Buffalo Grove requires the following certification: The undersigned Contractor/Consultant does hereby swear and affirm that it is riot delinquent in the rmyrrient of anytax administered by the Illinois Department of Revenue unless it is contesting, In accordance with the procedures established by the appropriate revenue Act, its liability for the tax or the arriount of the tax. The undersigned further understands that rnaking a false statement herein: (1) is a class A Misdemeanor, and (2) voids the contract and allows the Village to recover all amounts paid to it under thc.9contract. 'The Village of Buffalo Grove Municipal Code requires the following verification relative to conflict of Interest and compliance with general ethics requirements of the Village: The undersigned Contractor/ConSUltant hereby represents and warrants to the Village of Buffalo Grove as a term and conditionof acceptance of this (Proposal or purchase order) that none of the following village Officials is either an officer or Manager, of Firm or owns five percent (5%) or more of the Suppiler: the Village President, the rnernbers of the Village Board of Trustees, the Village Clerk, the Village Treasurer, the members of the Zoning Board ofAppeals and the Mari Corriniission, the Village Manager and his Assistant or Assistants, or the heads of the various departments within the village. If the foregoing representation and warranty is inaccurate, state the name of the Village official who either is an officer or Manager of your business entity or owns five percent (5%) or morethereof: EMI Print Name ofContractor/Conmiltant Signature %.. .......... Title Subscribed avid Sworn to before methis day of 2019. 0 1 Notary Public Notary Expiration Date EMILY BLANKENHEIM Official Seal Notaiy Public - State of IlNnois •AAy C"ciounission Expires Sep 1 2021 5 I Packet Pg. 164 1 11.C.b January 18, 2019 Kyle E. Johnson, P.E. Village of Buffalo Grove Engineering Department Fifty One Raupp Blvd. Buffalo Grove, IL 60089 Fil GEWALT ATESHAMILTONASSOCI, INC. CONSULTING ENGINEERS 625 Forest Edge Drive. Vernon Hills, IL 60061 Tel 847.478.7900 ■ Fax 847.478.9701 Re: 2019 Street Improvement Project and MFT Projects (VoBG-2019-10) GHA Proposal No. 2019.CS001 Dear Kyle, GHA- Engineers. corn Once again, we'd like to thank you for the opportunity to prepare and present our proposal for this project, VoBG-2019-10. Following our submission of January 11th, we are herein submitting the accompanying Cost Proposal as directed. We'd like to note that, on this project, we were able to reduce most rates as a gesture of our long relationship with the Village of Buffalo Grove. It is our hope that you and the Village of Buffalo Grove will find the value we intend; in our initial submission, this Cost Proposal and your interview of our named Resident Engineer for this project, James Houston, P.E., MBA. We look forward to hearing from you. Sincerely, Leo X. Morand, PE Gewalt Hamilton Associates, Inc. Project Manager for VoBG-2019-10 Direct: 847.821.6229 LMorand@GHA-Engineers.com Packet Pg. 165 11.C.b 2019 STREET IMPROVEMENT PROJECT Lcy.mt proposed no ect,hes Create p'ec—tructi- photo og Design/Lar out limits ofADA corners Subtotal1) Category Re,idento.—spoo once r, bod rcc.mm-d to Village 111) Category Subtotal 000000 IV) Category . o®moom .. oo0oom� ®®®®®® 2019 STREET IMPROVEMENT PROlEcrTOTAL 2019 PAVEMENT PATCHING PROJECT tea©©moo® ©©©moo Layout proposed patches • oo®®om Create photo log ---®—®® Prop, re pay ,tf,,t,s and recon, end to Vi I logo �o0o�m� S,bt,t,lKid oo®moo®� I 11) Category S. 000000® bt.talIV) Category Subtotal oo©mo® • • 000©om� 2019 PAVEMENT PATCHING PROJECTILOTAL 2019 PAVEMENT MARKING PROJECT Prop— prec-st—mcm �gcruhi Sir minutes �a©ago oaaao®� Par -time construction observation Maintain daily doc—tati- Prepare pay estimates and recommend to Village 11) Category Subtotal 000mo® 111) Category .. 000000® Fjm�l ..lk through and much list c..rdln.tf.o • 000©o©� oo0©oar ®®®®®® 2019 PAVEMENT MARKING PROJECT TOTAL 2019 SIDEWALK PROJECT Prepare p—,matructi- agenda & minutes Attend preconstruction meeting Re,ie,, shop d—ings, schedules A, contractors Layout proposed sid lk patches Coordinate ith highly i.p.ctcd residents �oom�m� RFJ & Plan Clarification 11) Category Subtotal111) Category • • � 000000� IV) Category Subt—1 oo©moms Ml All ®®®®® SIDEWALK PROJECT TOTAL ALL REIMBURSABLE TOTALS ALL PROJECTS NTE TOTAL Packet Pg. 166 Action Item : Appeal the Planning & Zoning Commission Decision for the Variation at 156 Ironwood Ct ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action pp ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,ll Staff concurs with this decision of the PZC. On January 16, 2019, the PZC held the required public hearing for the variation. The PZC unanimously denied the request citing that the petitioner did not meet the standards for variation and that the petitioner had other options to store the pop-up camper in a location that meets code, including the garage. Staff concurs with this decision. The petitioner, Michael Leissner at 156 Ironwood Ct, filed a petition to allow for a variation to store a pop- up camper on the grass in the rear yard in the northeast corner year round. On January 16, 2019, the PZC denied the variation. The petitioner has filed an appeal of the PZC's denial requesting that their decision be overruled. ATTACHMENTS: • BOT Memo (DOCX) • Exhibit A- Petitioner's Appeal Letter (DOCX) • Exhibit B- Staff Report and Attachments (PDF) • Exhibit C- January 16, 2019 PZC Minutes (DOC) • Objector Email (PDF) Trustee Liaison Ottenheimer Tuesday, February 19, 2019 Staff Contact Chris Stilling, Community Development Updated: 2/12/2019 9:31 AM Page 1 Packet Pg. 167 11.D.a N'1LL,,AG'E OF BUFFAL0 GRUNT DATE: February 13, 2019 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development SUBJECT: PZC Appeal- Variation to the RV Regulations for a pop-up camper at 156 Ironwood Court BACKGROUND The new RV Ordinance took effect on August 1, 2018 which regulates single-family properties to store one (1) RV on a driveway from May 15th to September 30th. At all other times of the year, the outside storage of a RV is allowed in the rear and/or side yard of a lot and it must meet the zoning setbacks. The RV shall also be screened from public view (landscaping or fencing) and parked on a hard surface (asphalt, pavers, etc.). The RV shall also be screened from public view (landscaping or fencing) and parked on a hard surface (asphalt, pavers, etc.). The Zoning Ordinance also allows the PZC to make final decisions concerning RV variations. The petitioner, Michael Leissner at 156 Ironwood Ct, filed a petition to allow for a variation to store a pop-up camper on the grass in the rear yard in the northeast corner year round. This pop-up camper came to the Village's attention after a complaint was received from the neighbor adjacent to where the pop-up is located. PLANNING & ZONING COMMISSION (PZC) DECISION On January 16, 2019, the PZC held the required public hearing for the variation (minutes attached as Exhibit C). The PZC unanimously denied the request citing that the petitioner did not meet the standards for variation and that the petitioner had other options to store the pop-up camper in a location that meets code, including the garage. Staff concurs with this decision. During the public hearing, the neighbors located 2302 Crab Apple Terrace (located directly behind the subject property) objected to the variation citing that the pop-up camper is in direct view from their property. An email from the objector is included as part of the attachments in Exhibit B. PZC APPEAL PROCESS Pursuant to the Zoning Ordinance, an applicant may file an appeal to the Village Board for any final action taken by the PZC. The Village Board may approve (concur), overrule or modify the decision of the PZC. However, no final decision of the PZC may be overruled or modified unless it received a vote of the majority of the Corporate Authorities. In this case, the petitioner has filed Page 1 of 2 Packet Pg. 168 11.D.a an appeal of the PZC's denial (letter attached as Exhibit A) requesting that their decision be overruled. For the Board's reference, the following information is attached: A. Exhibit A- Petitioner's appeal letter requesting the Village Board to overturn the PZC's denial of his variation request. B. Exhibit 8- Staff report and attachments from the January 16, 2019 PZC meeting. C. Exhibit C- Minutes from the January 16, 2019 PZC meeting. RECOMMENDATION Staff recommends that the Village Board uphold the PZC's decision from January 16, 2019. Staff believes that the petitioner has not met the standards for a variation and that the property can accommodate the pop-up camper in a manner and location that meets Village Code. Page 2 of 2 Packet Pg. 169 11.D.b Chris Stilling Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 January 31, 2019 In response to the Village of Buffalo Grove Planning and Zoning Commission's decision to not grant a variance in location only, for our camper at 156 Ironwood Court, we are requesting a hearing before the Village Board for relief. While we appreciate the reasons for the board passing the change in the ordinance, and respect the opinion and plight of our backyard neighbors, Mike and Judi Miller Crab Apple Terrace, we request a variance for the following reasons: Our current storage place conforms to the previous ordinance in entirety which was in effect when we purchased this house in 2015. This was a factor in our decision to buy this house- it had a place and space to store the camper without obstructing the use of the house or rest of the yard. The village had no idea our camper was there when they inventoried potential subject vehicles. In fact, 4 of our 5 front yard neighbors had no idea we had it back there either until we told them. The one that did, only did because I asked him for permission to drive on his grass when I put it back there the first time. We now move it by pushing it by hand (instead of towing with the car) and do not have to go in his yard at all. By moving the camper to a place that will conform to the new code, it will have a negative effect on all the Ironwood Court neighbors. In moving it to the north or east side of the house, the camper and it's required screening will negatively affect the neighbor's views on those sides- both of which share a lot line with us of more than 5 times the length of the Millers. The space to the east will also be viewable from the street in front due to the angle of the house and the lot line, and will probably require a variance too (not yet determined by village staff). By moving the camper to the garage (or driveway during the allowed time of year), it will displace a car or two from the garage and/or driveway, thus crowding the very limited street parking in an already crowded cul-de-sac space. The current fence, while admittedly unsightly, meets current fence code, but it is not up to the new RV code as a "screen" at the moment, as it is only four feet tall at the highest part and does not screen much at all. I have been replacing the fence as time and money allowed the last three summers. I stopped behind the camper in part because it will be a difficult section labor -wise (several posts to replace), and due to the fact that the ordinance was not clear to me when I read it last year in terms of the height and type of fence required. I admittedly did not seek an interpretation of it either. If the Millers will agree to the variance of location, I will adhere to the code by placing the camper on an approved surface and replace the fence that will aid in shielding their view of the camper from their back yard. By adhering to the new RV code, it will create a hardship to us in the use of our house, driveway, and yard as it will be in the currently, much used space we have. It will also effect the view of and for our other neighbors on all sides. Since the weather has been what it was the last 2 weeks, I have not had the opportunity to solicit or document the support of our other neighbors. I will do that in the near future, before the next meeting, and submit it to you as I'm sure my word of their support will not suffice. Packet Pg. 170 VILLAGE OF BUFFALO GROVE PLANNING & ZONING COMMISSION MEETING DATE: SUBJECT PROPERTY LOCATION: PETITIONER: PREPARED BY: STAFF REPORT January 16, 2019 156 Ironwood Ct Michael Leissner Rati Akash, Planner REQUEST: A variation to allow for the storage of a recreational vehicle (pop-up camper) to be stored on an unapproved hard surface (grass) in the rear yard. EXSITING LAND USE AND ZONING: The property is improved with a single-family home and is zoned R4. COMPREHENSIVE PLAN: The 2009 Comprehensive Plan calls for this property to be single family detached housing. BACKGROUND The new RV Ordinance took effect on August 1, 2018 which regulates single-family properties to store one (1) RV on a driveway from May 15th to September 30th. At all other times of the year, the outside storage of a RV is allowed in the rear and/or side yard of a lot and it must meet the zoning setbacks. The RV shall also be screened from public view (landscaping or fencing) and parked on a hard surface (asphalt, pavers, etc.). The RV shall also be screened from public view (landscaping or fencing) and parked on a hard surface (asphalt, pavers, etc.). The Petitioner Michael Leissner at 156 Ironwood Ct has filed a petition to allow for a variation to store a pop-up camper in the rear yard in the northeast corner year round. This pop-up camper came to the Village's attention only when a complaint was received from the neighbor adjacent to where the pop-up is located. PLANNING AND ZONING ANALYSIS Timeline of Events • The Village received a complaint concerning the storage of the pop-up camper on the property at 156 Ironwood Court. In early October 2018, a notice of violation was sent to the Petitioner regarding a complaint received for the pop-up camper parked in the rear yard. The letter listed the violations and gave the Petitioner 21 days to comply. Packet Pg. 171 11.D.c • In late October 2018, the Petitioner made contact with the Village seeking ways to keep the pop-up in the existing location in the rear yard. Staff explained that the only way to keep the camper in the current location was to seek a variation. Additionally, staff discussed other alternative locations to store the pop- up camper which complies with the RV Ordinance. As shown, the areas in orange represent the permitted storage locations, provided that the required screening and surface are provided. The area in yellow is the current location of the camper. Following a pre -application meeting with the Petitioner ' in November, the Petitioner filed the necessary documents and payment for the variation in mid - December. Size and Usage • The petitioner has indicated that they have stored the pop -camper in the rear yard for several years, and it's used for camping purposes only. The pop-up camper is taken out couple of times in a year. • The pop-up camper measures approximately T-2" in width, 15'-2" in length including the hitch, and 4'-2" in height based on staff's measurements. The size of the pop-up camper is within the permissible size outlined in the RV regulations. Location and Storage • The Petitioner is requesting a variation to store the pop- up camper in the rear yard all year round. The pop - camper in the northeast corner of the site is setback approximately 5' from the rear property line to avoid being located on a utility easement. • The subject property has a two car garage and the pop- up camper can fit into the garage. The Petitioner wishes to park the two cars inside the garage instead. • The pop-up camper is parked on grass, which is an unapproved hard surface. The pop-up camper is parked in the northeast corner of the site between two trees. The RV regulations require RV's to be parked on an approved hard surface such as asphalt, pavers, concrete, etc. 11.D.c Screenine The pop-up camper is screened by a 5'-0" open scalloped fence separating the neighbor's property at 2302 Crab Apple Terrace at the rear property line. The fence is in poor condition and the Petitioner mentioned about making arrangements to replace this fence in the near future. Variations requested 1. As outlined in the RV regulations, the pop-up camper can only be stored within the building setbacks for each specific zoning district. In this case, the pop-up camper is supposed to be setback 40' from the rear lot line to be within the building setback. As proposed, it is setback approximately 5' from the rear lot line and encroaches 35' into the rear yard setback. The RV regulations require RV's to be parked on an approved hard surface such as asphalt, brick pavers, concrete, or similar materials resulting in a dust free surface. In this case, the pop -camper is parked on grass, which is not an approved hard surface. DEPARTMENTAL REVIEWS Village Department Comments Engineering The Village Engineer has reviewed the location of the pop-up camper and has no issues as it is parked away from the utility line. SURROUNDING PROPERTY OWNERS Pursuant to Village Code, the surrounding property owners within 250' were notified and a public hearing sign was posted on the subject property. The posting of the public hearing sign and the mailed notifications were completed within the prescribed timeframe as required. As of the date of this report, two calls were received inquiring about the request. Furthermore, staff has received correspondence (attached) from the neighbor located behind the property objecting to the request. STANDARDS The Planning & Zoning Commission is authorized to grant variations to the regulations of the Zoning Ordinance based upon findings of fact which are made based upon evidence presented at the hearing that: 1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of the zoning district in which it is located except in the case of residential zoning districts (not applicable in this case); 2. The plight of the owner is due to unique circumstances; 3. The proposed variation will not alter the essential character of the neighborhood. The petitioner has provided a written response to the standards for a variation, which are included in this packet. Packet Pg. 173 11.D.c STAFF RECOMMENDATION Staff does not recommend approval of the request. Staff believes that the petitioner has not met the standards for a variation and that the property can accommodate the pop-up camper in a manner and location that meets Village Code. ACTION REQUESTED The Planning & Zoning Commission (PZC) shall open the public hearing and take public testimony concerning the variation. The PZC shall make a final decision on whether or not to approve or deny the variation. Should the variation be denied by the PZC, the Petitioner may appeal the decision to the Village Board. Packet Pg. 174 11.D.c We are requesting a variance to the RV code for our 1996 Palomino pop-up camper that is 7 feet wide, 13 feet long, and 4 feet high. It currently resides at 156 Ironwood Court, in the northeast corner/back yard portion of our 12,000+ square foot lot. Nestled between two 40-foot-tall Blue Spruce trees, it is not visible from Ironwood Court in the front, or Crab Apple Terrace in back, nor from Google Earth above. It is currently, partially visible to some of our three back yard neighbors due to the dilapidated fence that we are in the process of replacing as time and money allows. According to the parameters of the set -backs of the new code, there are three places on our large lot that we could store the camper: on the west/left side of the house, in the back/north side of the house, and the east/right side of the house. These spaces are highlighted in orange in exhibit A. However, none of these spaces are viable for the following reasons: The west side space is in front of the fence, thus the camper would be visible from the street, not to mention it is currently thick ground cover and shrubs. The east side is not big enough, thus would require a variance as well, and would block the side door to the garage and window to the family room. The back yard space- the only area big enough for the camper to fit is the patio, the smaller area is where the air conditioner, electric and cable enter the house, as well as 2 window wells. We are willing and able to replace the fence to a suitable condition, or make it taller, or shadow picket, or something else, behind the area where the camper is now. That would better block the view of the camper to our back yard neighbors. Even though that area has been dirt or weeds under the trees long before we moved in three plus years ago, we will also place it on 16-inch square brick pavers to meet that part of the code as well. When the trailer is moved the recommended 5 feet away from the fence, it is much more visible to all. When it is near to the fence, the wheels are still 6 feet away, but the camper itself is much less visible. The new code as it is written for our space does not allow for our relatively small camper that takes up less than 100 square feet, to be stored on our property that is over 12,000 square feet. We request a variance to be able to store it in the remote area in back, and are willing to make reasonable alterations to do so. Packet Pg. 175 . *"* —nt. �FT 8 �i MOIXT- LOM 1* ,_ tot I'MI• LOT IS2 E co CL 0 w x w c 0 E u ttT I Packet Pg. 176 1 0 RESPONSE TO STANDARDS During your testimony at the public Hearing you need to testify and present your case forthe variance being requested. During your testimonyyou need to affirmatively address the two (2) standards listed below. The Planning & Zoning Commission is authorized to grant variations to the regulations of the RV code based upon findings of fact which are made based upon evidence presented at the hearing that: 1. The plight of the owner is due to unique circumstances. (1 W Q a r+C w*s-J . r r Ja Gt vat-%%O n c -c,. Aa fiIle fit , V C-CPA Cm r 61AIr Pnp-- "P Cq 7 Xmi. w- Jt r 13 c4et- lo.zi � gar% if �►�; �.. .L f CO f��ssd*f cry tS`G ;�r-r-.�,�s�0 rfi� in fi� /Iorhros� Gcrr+�rr cr eur �2� "a p + .S,c ct.r�,c �sc'f ~ W,_ v, u c c cS % h S d� v, -Z�dle d •.. 1{' -O -r C-a #4 J �*�": �^�ry^F Or Pro u'�,s O 4� P�pI�G-c- ., 'es-�.,'..,� a,��► �*d•�� 2. The proposed variation wil not alter the essential character f the neighborhood. C.a., -%k'" d o w a r ?) 4-1, 4 - APm.,(CA la.e *e,- �I a c L 41-c 4-v ©"r b 6t c-L V Arj /iQ 4� 1� d/`j Ot' lar C �c n -, �G. Sr�-[„ram c� r: so a uoJ SO FILING FEE MUST ACCOMPANY THIS APPLICATION FEE PAID RECEIPT NUMBER I DATE Additional information can be found at the Village's RV Parking and Storage Regulations webpage: www.vbg.org/rvregulations. Q Packet Pg. 177 0 F F IN I 0 I f- I I J_ 1 1 1996 PALOMINO FOLD -DOWN CAMPING ERS F SEATING ICY L S EATY NG SIo STORAGE o00 PORTABLE BED SIZE ~zx STOVE DINETTE BED SIZE 48 X 00 �� ( 43 X 80." 70 X BD ., s f SEATING SEATING CABINET L L STORAGE STORAGE STORAGE v" A 1 FILLY-RL SPECIFICATIONS CLOSED BODY 7' X ills;" OPEN HEIGHT 6'4" CLOSED OVERALL 71" X 14'S" HITCH WEIGHT 160 LBS. CLOSED HEIGHT 49" AXLE WEIGHT 129S LBS. OPEN LENGTH 21'4" TOTAL WEIGHT 14SS LBS. STANDARD FEATURES SLEEPS EIGHT. LAMINATFD CONSTRUCTION. ONE PIECE UNDER- COATED FLOOR 3" STEEL CHANNEL FRAME. 2" BALL COUPLER WIDE TRACK TORSION AXLE SUSPENSION. OPEN WHEEL WELL. 12" TIRES, SPARS TIRE. TIRE COVER. FRONT SCREW JACK WITH DOLLY WHEEL. FOUR STABILIZER JACKS. SEAMLESS FIBSRGLA.SS RADIUS ROOF. 14 X 14 ROOF VENT. AWNING RAIL. VINYL TENT. CRANK LIFT SYSTEM. FIBERGLASS END WALLS. VALANCE. BED END CURTAINS, WM DOW CURTAINS. FLIP -OVER KITCHEN. PORTA POTTI STORAGE. CLOTHSS BAR TRM-BURNER PORTABLE STOVS FOR OUTSIDE COOKING. ICE BOX. TEN GALLON WATER TANK. TWO -STAGE WATER FAUCET. STAINLESS STEEL SINK.--ZO-LB. GAs BOTTLS-A.tD_RFfTLTLATOR GAS BOTTLE COVER FIRE EXTINGUISHER 12 AMP DC CONVERTER 12 VOLT LIGHTING. AMBER PATIO LIGHT. OUTSIDE RECEPTACLF, ROOF AIR READY. DELUXE ENTRY STEP. CANOPY. DELUXE CUSHIONS AND MATTREssEs. OPTION AVAILABILITY 16,000 BTU FURNACE DOUBLE GAS BOTTLE HOOKUP REFRIGERATOR (3-WAY) SCREEN ROOM ELECTRIC BRAKES BATTERY RACK ROOF RACK Packet Pg. 178 19 6uluusld a4; laaddV) s}uauayos;IV pue:podab Ila;S -8 }lglyx3 :IUOWgDe;;V 0 0 a a� a Christopher Stilling Subject: RE: 156 Ironwood Ct - Update Sent: Wednesday, January 02, 2019 9:52 AM To: Rati Akash Subject: Re: 156 Ironwood Ct - Update Hi Rati, We are Jodi and Michael Miller and have lived at 2302 Crab Apple Terrace for 26 years. A portion of our property's back lot line is in common with the property at 156 Ironwood Ct. The property owners at 156 Ironwood Ct currently and for some time have had an RV vehicle stored in the back corner of their lot, within a few feet of the lot line. This stored RV is directly behind the patio doors/patio and windows on the back of our house. The stored RV is prominently visible when we look out our back doors and windows from our den, family room, and kitchen eat -in area. In the prior twelve months, the vehicle has not been moved from its storage spot. We strongly object to granting an variance which would allow the RV to continue to be stored in its current location. We request that the storage of this RV be in compliance with the Village regulations for the outdoor parking and storing of recreational vehicles on residential lots effective August 1, 2018. Thank you for your assistance in this matter. Jodi and Michael Miller 0 0 P (D Ln 0 .2 An U 0 E E 0 0 N 06 a. I Packet Pg. 184 1 01 /16/2019 11.D.d MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, JANUARY 16, 2019 Call to Order The meeting was called to order at 7:30 PM by Chairman Frank Cesario Public Hearings/Items For Consideration Consider Approval of a Variation for a Recreational Vehicle (Pop -Up Camper) at 156 Ironwood Ct (Trustee Ottenheimer) (Staff Contact: Chris Stilling) Chairman Cesario read the rules of the public hearing. CommissionerAu recused herself from this discussion. Mike Leissner (156 Ironwood Court), Jody Miller (2302 Crabapple Terrace), and Michael Miller (2302 Crabapple Terrace) were sworn in. Mr. Leissner reviewed his proposal and reasoning for variation. He was prepared to repair the fencing as required as well as putting the trailer on pavers instead of ground. He reviewed why the alternate storage locations allowed would be problematic. He said that four out of five of his neighbors would prefer the pop-up trailer in the rear yard. Commissioner Moodhe asked how the trailer was moved in and out. Mr. Leissner said that several people can push it through the gate. Commissioner Moodhe asked if it would be easier to move if closer to the house. Mr. Leissner said the available setback area to store the pop-up camper in the rear yard has a patio and an entertaining area. Commissioner Khan asked how often the camper was moved. Mr. Leissner said that this was moved once or twice per year on average. Commissioner Khan said that he generally saw neighbors in support of variances like this, so he felt that it took courage for his neighbors to come forward in opposition. He said that there were options that matched the ordinance. The three issues were that it did not meet the setback requirements, must be placed on an approved hard surface, and requires adequate screening. Mr. Leissner added that he would put it on pavers, and he would improve the fencing. He was willing to do additional things which adhere to the ordinance. Commissioner Goldspiel asked about the fencing. Mr. Stilling said that the screening was required to be five feet whether it was fencing or landscaping. Commissioner Goldspiel said that he did not see a basis for a variance because a hardship is not justified in this case. He also said that what was present is not visually pleasing for anyone. Commissioner Weinstein said that typical yard furniture did not normally include pop-up campers. He said that the new ordinance was created to be consistent with surrounding communities. He appreciated the situation, and the commission was trying to see a compromise. Packet Pg. 185 01/16/2019 11.D.d Chairman Cesario reviewed the setback rules and stated that the commission's job was to apply the rules set by the Village officials and approve exceptions to the standard. The Petitioner needed to prove that the circumstance was atypical. Mr. Leissner said that the dimensions of his current lot and placement of entertaining area made this atypical. Chairman Cesario entered the Village Staff report as Exhibit One. Ms. Miller said that she complained about the camper previously but was told that it was in compliance with the ordinance. The new ordinance made this no longer compliant. The fence would help but had not been worked on, and the camper had items stacked on top of it. Mr. Miller said that this was legal prior to the current ordinance. He installed some landscaping, but during the winter there was no screening. While it was in the back corner of the Petitioner's lot, it was in direct view of the neighbor. Mr. Leissner said that he was willing to make some accommodations to try and make this more attractive. The fencing would be improved. The public hearing closed at 8:27 pm Chairman Weinstein made a motion to grant a variation to allow for storage of a recreational vehicle in the rear yard with the following stipulations: 1) The current fencing be replaced with a minimum of 5-foot height fence or thick bushes/shrubs on or before June 1. 2) Brick pavers were installed as described in the proposal. 3) The variation does not run with land Commissioner Khan seconded the motion. Commissioner Khan said that he was considering the applicant's request, the neighbor's enjoyment of their property, and the Village ordinance he did not want to compromise. That said, he said that there were options like moving the camper May 15 - September 30 onto the driveway. The other seven months, the camper could be stored in the garage. The camper could also be stored off site. Chairman Cesario said that he understood the Petitioner wanting to live the way he wanted; however, he felt that this would "torpedo" the ordinance. He said that this would set a precedent for others in the Village with similar situations, and the Village had to find a balance. Commissioner Moodhe said that the ordinance only gave guidelines about where the RV should be on the property. These options were not ideal for the Petitioner, and where it is Packet Pg. 186 01/16/2019 11.D.d now is not ideal for the neighbors. He felt that the screening could be adjusted but did not feel there is any unique circumstances to grant a variance. Commissioner Goldspiel said that the variance did not meet the standards set forth. Commissioner Weinstein asked if an appeal was filed when the camper needed to move. Mr. Stilling said that steps could need to be taken to appeal this ruling. He would work with the applicant to work out the specifics of appealing or removing the camper, particularly with a snowstorm coming. RESULT: DENIED [0 TO 5] MOVER: Mitchell Weinstein, Commissioner SECONDER: Zill Khan, Commissioner NAYS: Moodhe, Cesario, Goldspiel, Khan, Weinstein ABSTAIN: Amy Au ABSENT: Matthew Cohn, Scott Lesser Adjournment The meeting was adjourned at 9:15 PM Chris Stilling APPROVED BY ME THIS 16th DAY OF January , 2019 Packet Pg. 187 ChristoEher Stilling Subject: FW: 156 Ironwood Court > Thank you for keeping us updated on the pop-up camper storage issue at 156 Ironwood Court. We understand that Mr Leissner is appealing the decision of the Planning Commission to the Village Board at the February 19 Board meeting. > We attended and spoke in opposition to the variance at the Planning Commission meeting on January 16. As the homeowners who live directly behind the Leissnens, this camper isconstantly visible from the back ofour house which includes the kitchen, family room, den, master bed room/bath room and patio. VVecontinue tooppose granting the variance and would again speak in opposition at the Village Council meeting except that we are out of town. > Michael and Jodi Miller > Sent from my iPad 13.A Information Item : Executive Session - Section 2(C)(11) of the Illinois Open Meetings Act: 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. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Recommendation of Action pp ll N/A Executive Session - Section 2(C)(11) of the Illinois Open Meetings Act: 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. Trustee Liaison Sussman Tuesday, February 19, 2019 Staff Contact Dane Bragg, Office of the Village Manager Updated: 2/13/2019 10:20 AM Page 1 Packet Pg. 189