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2020-08-17 - Village Board Regular Meeting - Agenda Packet19 K 3. 4 Meeting of the Village of Buffalo Grove Village Board Regular Meeting August 17, 2020 at 7:30 PM Call to Order A. Open Meetings Act Compliance Fifty Raupp Blvd Buffalo Grove, IL 60089-2100 Phone: 847-459-2500 Pursuant to Public Act 101-0640 as well as the Disaster Proclamation and Executive Orders issued by Governor Pritzker, this meeting will be held electronically by utilizing the Zoom link below. Zoom Link: www.vbg.org/august17boardmeeting Phone Number: 312-626-6799 Meeting ID: 864 9811 7953 Instructions for how the public can see, listen and/or participate in meetings are listed immediately below this statement. In accordance with the Open Meetings Act, any person shall be permitted an opportunity to address public officials under the rules established and recorded in the Buffalo Grove Municipal Code. The Village President reserves the right to alter the order of the appearance of speakers to maintain decorum during the meeting. Participants interested in making a statement should use the "raise your hand" function in Zoom and the participants microphone will be unmuted to allow them the opportunity to speak. B. Pledge of Allegiance Approval of Minutes A. Village Board - Regular Meeting - Jul 20, 2020 7:30 PM B. Village Board - Committee of the Whole - Aug 3, 2020 7:30 PM Approval of Warrant A. Approval of Warrant #1318 (Trustee Weidenfeld) (Staff Contact: Chris Black) Village President's Report A. R-2020-37 Resolution Extending Executive Order 2020-07 (President Sussman) (Staff Contact: Dane Bragg) 5. Village Manager's Report A. Recommendation Regarding Hauber PSEBA Claim (President Sussman) (Staff Contact: Dane Bragg) 6. Special Business 7. Reports from Trustees 8. Consent Agenda All items listed on the Consent Agenda, which are available in this room this evening, are considered to be routine by the Village Board and will be enacted by one motion. There will be no separate discussion of these items unless a Board member or citizen so requests, in which event, the item will be removed from the General Order of Business and considered after all other items of business on the Regular Agenda under New Business. (Attached). A. Proclamation Recognizing Constitution Week (President Sussman) (Staff Contact: Evan Michel) SUMMARY: Proclaims September 17-23 as Constitution Week. B. Proclaiming September 6-12, 2020 National Payroll Week (President Sussman) (Staff Contact: Chris Black) SUMMARY: Proclaiming September 6-12, 2020 National Payroll Week. C. 0-2020-59 An Ordinance Amending Chapter 5.20 - Liquor Controls (President Sussman) (Staff Contact: Julie Kamka) SUMMARY: The Class E liquor license issued to Pizza Amore, Inc. at 808 Milwaukee Avenue is hereby rescinded. The business has closed. D. R-2020-38 Motor Fuel Tax Resolution - Thompson & Brandywyn Contract 2 (Trustee Stein) (Staff Contact: Kyle Johnson) SUMMARY: The Thompson Boulevard and Brandywyn Lane Roadway Improvement Project - Contract 2 requires the Village to execute the Illinois Department of Transportation (IDOT) Motor Fuel Tax (MFT) Resolution to allocate MFT funds to pay the Village's portion of construction. 9. Ordinances and Resolutions A. R-2020-39 Thompson & Brandywyn Contract 2 Federal Funding and Engineering Agreements (Trustee Stein) (Staff Contact: Kyle Johnson) B. 0-2020-60 An Ordinance Amending the Existing Incentive Agreement with Edward Hines Lumber Co. at 1000 Corporate Grove (Trustee Smith) (Staff Contact: Chris Stilling) C. R-2020-40 Resolution for Apple Hill/Tenerife Contingency Use (Trustee Stein) (Staff Contact: Darren Monico) D. R-2020-41 Consideration for Trustees to Approve a Recreation Lease with ComEd for the Village's Bike Path System (Trustee Stein) (Staff Contact: Darren Monico) E. 0-2020-62 Resolution Amending Section 2.02 of the Buffalo Grove Municipal Code - Procedures of the Corporate Authorities (President Sussman) (Staff Contact: Dane Bragg) 10. Unfinished Business 11. New Business A. Lake Cook Water Main Addition (Trustee Stein) (Staff Contact: Kyle Johnson) 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 Executive Session- 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 Body of the Minutes or Semi -Annual Review of the Minutes as Mandated by Section 2.06. (Clerk Sirabian) (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 REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD AT VILLAGE HALL, 50 RAUPP BOULEVARD, BUFFALO GROVE, IL AND VIA AUDIO/VIDEO CONFERENCING ON MONDAY, JULY 20, 2020 CALL TO ORDER President Sussman called the meeting to order at 7:30 P.M. This meeting is being conducted in personas well as via audio and video conferencing. Those present stood and pledged allegiance to the Flag. ROLL CALL d Roll call indicated the following present: Trustees Stein, Ottenheimer, Johnson, Smith and Pike. President 3 Sussman and Trustee Weidenfeld were present via audio/video conferencing. Also present via audio/video were: Dane Bragg, Village Manager; Patrick Brankin, Village Attorney; Jenny o _ Maltas, Deputy Village Manager; Chris Stilling, Deputy Village Manager; Chris Black, Finance Director; Evan ea Michel, Management Analyst; Darrin Monico, Village Engineer; and Police Chief Casstevens. o a a APPROVAL OF MINUTES Q Moved by Johnson, seconded by Smith, to approve the minutes of the June 22, 2020 Rescheduled Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. Moved by Ottenheimer, seconded by Pike, to approve the minutes of the July 13, 2020 Special Meeting. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. WARRANT #1317 Mr. Black read Warrant #1317. Moved by Weidenfeld, seconded by Johnson, to approve Warrant #1317 in the amount of $4,728,991.03 authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. RESOLUTION NO. 2020-33 — EXECUTIVE ORDER 2020-06 Moved by Weidenfeld, seconded by Ottenheimer to pass Resolution No. 2020-33 extending Executive Order 2020-06. Mr. Bragg reviewed the proposed resolution. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. Packet Pg. 4 2.A fll7►ly oleo IRT010I0 17_1 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 of the items on the Consent Agenda; there were no such requests. Lake Countv CARES IGA Motion to approve the Lake County CARES IGA, an application for reimbursement for COVID related expenses. Proclamation — Americans with Disabilities Act d Motion to approve a Proclamation celebrating the 30t" Anniversary of the passage of the Americans with 3 Disabilities Act. Ordinance No. 2020-51 — Chapter 10 0 �a Motion to pass Ordinance No. 2020-51, amending Chapter 10 of the Village of Buffalo Grove Municipal Code: 0 Lowering the Speed Limit on Buffalo Grove Road. a Q Ordinance No. 2020-52 — Liquor Controls S Motion to pass Ordinance No. 2020-52, amending Chapter 5.20 — Liquor Controls, of the Buffalo Grove Municipal Code allowing Prairie Krafts, Inc. at 1310 Busch Parkway to use the Assumed Name of Liquid Love Brewing Company. This is a DBA name change only. Ordinance No. 2020-53 — Sign Code Motion to pass Ordinance No. 2020-53 to consider a variation to the Sign Code for an additional wall sign for the Jewel Osco building at 79 McHenry Road. Resolution No. 2020-34 — Water Conservation Motion to pass Resolution No. 2020-34, 2020 National Mayor's Challenge for Water Conservation. Moved by Stein, seconded by Ottenheimer to approve the Consent Agenda as presented. Upon roll call, Trustees voted as follows on the Consent Agenda: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. TRUSTEE REPORTS Trustee Johnson reported on the American Cancer Society 2020 Relay for Life that is being held virtually this year, and urged residents to make a donation to help in the fight to end this disease. Trustee Stein urged all residents to wear Face Coverings in accordance with CDC guidelines. The Village Clerk reminded residents that the 2020 Census is still being conducted, and caged everyone to be sure to complete this year's census as each resident represents federal funding to our local community for the next ten years. Representatives from the Census Bureau will begin in -person visits to those who have not completed the census, and she asked residents to be sure that those workers exhibit their credentials before answering any questions. Packet Pg. 5 2.A INIkWRIIIY11reWeLlaW01OR Moved by Weidenfeld, seconded by Johnson, to pass Resolution No. 2020-35 waiving 25% of Video Gaming license renewal fees for 2020. Mr. Bragg reviewed the proposed resolution, details of which are contained in his memo of July 16, 2020 to the Board, after which he answered questions from Trustees. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. U) d ORDINANCE NO.2020-54 — REMOTE ATTENDANCE Moved by Ottenheimer, seconded by Johnson, to pass Ordinance No. 2020-54 Remote Attendance Policy. O �a Mr. Bragg reviewed the proposed ordinance, details of which are contained in his July 16, 2020 memo to the o Board, after which he and Mr. Brankin answered questions from Trustees. a Q Upon roll call, Trustees voted as follows: s AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. ORDINANCE NO. 2020-55 — LIQUOR CONTROLS Moved by Smith, seconded by Pike, to pass Ordinance No. 2020-55 amending Chapter 5.20, Liquor Controls, of the Buffalo Grove Municipal Code. Mr. Bragg reviewed the proposed ordinance, details of which are contained in Ms. Kamka's memo to him of July 15, 2020. Board discussion followed. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. ORDINANCE NO. 2020-56 — LAKE COOK ROAD TIF Moved by Smith, seconded by Johnson, to pass Ordinance No. 2020-56, approving the Buffalo Grove Lake Cook Road TIF District Redevelopment Project Area. Mr. Stilling reviewed the proposed ordinance, details of which are contained in his memo of July 16, 2020 to Mr. Bragg. Fran Lefor Hood, S. B. Friedman & Company, presented a quick overview of the EAV analysis, after which she answered questions from the Board. Craig Horowitz noted that he believes that the TIF will result in tax increases; that the plan is outdated; that there should be a referendum on the November ballot; that the TIF should be broken into smaller districts; and he does not believe that the occupancy estimates are accurate. Packet Pg. 6 2.A Leon Gopon, 737 Bernard Drive, stated that he is in favor of the opportunity that this TIF represents, and that he is a member of a group with over 900 members and that group did not receive one negative comment regarding the proposal. A resident stated that funds for water bills and pension funds have already gone up and she does not wish to see something put in place that will raise taxes even further; she pointed out that the Board works for the residents. Flora Top, 968 Harvest Circle, asked about the type of residential proposed, what will happen to the current tenants of the Town Center, and how the TIF will affect current residents. Brian Costin, 1339 Madison Court, pointed out that he believes that the proposed TIF will increase property taxes for every resident in Buffalo Grove; he is opposed to TIF districts; he believes there will be a property tax increase; he believes TIF districts invite corruption; government should not be in the business of picking winners d and losers in the economy; multiple scientific studies show that TIF districts do not work on a macro or community level; the revenue projections are dubious; he does not believe the Village has properly vetted this project; he is concerned about the current tenants of the Town Center; he is concerned about loss of jobs. 2 0 Trustee Weidenfeld responded to several of the comments and/or questions, noting that this plan is a result of ea staff and residents working together to create the Lake Cook Corridor Plan, but in order for a developer to 0 express any interest in the area, a TIF district is essential, and if managed properly, property values will increase a and will be a benefit to every Buffalo Grove resident. This is not a debt that the Village is incurring. The Q developer is taking all the risks. S President Sussman stated that she was first against this TIF because she was against building on the golf course, and she is still opposed to building on the golf course; part of the money from this TIF will be used to help control flooding on the golf course; she is in favor of the TIF because the golf course will not be a part of the plan for another 20 or 30 years. Trustee Pike reviewed the work that has gone into developing this proposal and noted that the TIF gives the Village an economic tool to spur business development in Buffalo Grove. Trustee Johnson noted that in her years of volunteering and campaigning and being an elected official, the number one concern expressed by residents is the failure of the Town Center, with the second issue being that there is nothing to do and nowhere to go in Buffalo Grove. There is no reason to not move ahead with this proposal. Lake Cook Road is the main street of our Village, and without a TIF, nothing will happen on Lake Cook Road. Trustee Johnson commented on the effect to the taxing bodies. This Board has the opportunity to stimulate changes that our residents helped to create. Trustee Ottenheimer stated that the last thing this Board wants to do is raise taxes. This proposal is an outstanding plan and an outstanding opportunity to make Buffalo Grove the best that it can be. Trustee Stein also stated that the most frequent comment that he hears is from residents asking why Buffalo Grove can't have development like other communities. Trustee Stein noted that other communities utilize TIF districts to enhance development in their communities, and he believes that the time has come for Buffalo Grove to do the same in order to bring development into our community. Mr. Bragg responded to Mr. Horwitz's comment that the Village had not responded to his FOIA requests. Mr. Bragg stated that Mr. Horwitz was provided with documents that existed, however, some records did not exist and FOIA law states that documents do not need to be created if they do not exist. Mr. Horwitz submitted a request to the Attorney General's office, and the Public Access Counselor determined that Buffalo Grove was in compliance with the law. Mr. Bragg noted that staff offered to answer questions from Mr. Horwitz. Buffalo Grove always has been in full compliance with FOIA legislation, and will continue to be in full compliance with FOIA requests. Packet Pg. 7 2.A In answer to a question from Trustee Smith, Mr. Bragg commented on the reasons that Kensington wants to develop at this location in Buffalo Grove. Trustee Smith responded to comments stating the Buffalo Grove is rushing into this proposal, and assured residents this proposal has been in the works for months and that staff, other taxing bodies and the public have had tremendous input into the proposal. This is a developer that is willing to invest in our community, and he believes this proposal will be good for Buffalo Grove. Mr. Gopon stated that, to those residents complaining about increasing taxes, they should go to the school boards because that is where 70% of their property tax goes. Mr. Horwitz again stated that this was only put on the agenda three days ago and residents did not have the opportunity to respond. Mr. Michel relayed several comments that were on the chat system. Mr. Costin asked what would happen if the Kensington project fails, and what will happen to existing businesses. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. Q ORDINANCE NO. 2020-57 — LAKE COOK ROAD TIF Moved by Smith, seconded by Johnson, to pass Ordinance No. 2020-57, designating the Buffalo Grove Lake Cook Road TIF District Redevelopment Project Area. Mr. Stilling reviewed the proposed ordinance, details of which are contained in his memo of July 16, 2020 to Mr. Bragg. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. ORDINANCE NO. 2020-58 — LAKE COOK ROAD TIF Moved by Smith, seconded by Ottenheimer, to pass Ordinance No. 2020-58, adopting Tax Increment Allocation Financing for the Buffalo Grove Lake Cook Road TIF District Redevelopment Project Area. Mr. Stilling reviewed the proposed ordinance, details of which are contained in his memo of July 16, 2020 to Mr. Bragg. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. RESOLUTION NO. 2020-36 — KENSINGTON DEVELOPMENT Moved by Smith, seconded by Pike, to pass Resolution No. 2020-36, an Inducement Resolution with Kensington Development for the Redevelopment of the Existing Town Center. Packet Pg. 8 2.A Mr. Stilling reviewed the proposed resolution, details of which are contained in his memo to of July 16, 2020 memo to Mr. Bragg. Mr. Stilling also addressed several of the questions that were raised by residents. John Schoditsch, Kensington Development, briefly reviewed the process that has taken place in order to get to this point, as well as their vision for the development. Craig Horwitz asked several questions with regard to the project. Brian Costin also asked several questions with regard to the project. Cindy Ashcroft provided a suggestion as to the layout of the project. Upon roll call, Trustees voted as follows AYES: 6 — Stein Ottenheimer, Weidenfeld Johnson Smith Pike NAYS: 0 — None Motion declared carried. 2 4- 0 GREEN KNOLLS/GAIL 0 L Moved by Stein, seconded by Ottenheimer, approve the Green Knolls/Gail Change Order, in accordance with a materials contained in Board packets. Q Mr. Monico reviewed the proposed Change Order, details of which are contained in Kyle Johnson's memo to Mr. Bragg of July 15, 2020.. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike 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. Craig Horwitz commented on the format in which Village Board meetings are held, as he had some exhibits that he wished to present with regard to the TIF. Mr. Bragg replied that the Village is under no obligation to provide A/V equipment. ADJOURNMENT Moved by Stein, seconded by Smith, to adjourn the meeting. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. The meeting was adjourned at 9:46 P.M. Janet M. Sirabian, Village Clerk Packet Pg. 9 2.A APPROVED BY ME THIS 17L' DAY OF August 2020 Village President Q Packet Pg. 10 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, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS, AND VIA AUDIO/VIDEO CONFERENCING MONDAY, AUGUST 3, 2020 CALL TO ORDER President Sussman called the meeting to order at 7:30 P.M. This meeting is being conducted in person as well as via audio and video conferencing. ROLL CALL Roll call indicated the following present: Trustees Stein, Ottenheimer, Weidenfeld, Johnson, Smith and Pike. President Sussman was present via audio/video conferencing. c Also present were: Dane Bragg, Village Manager; Patrick Brankin, Village Attorney; Jenny Maltas, Deputy Village Manager; Chris Stilling, Deputy Village Manager; Chris Black, Finance Director; Evan Michel, Management _o Analyst; Julie Kamka, Deputy Clerk; Fire Chief Baker; and Deputy Police Chief Szos. 0 i The Committee of the Whole Meeting consisted of staff reports and Board discussion on the following topics. a Q FEES & FINES UPDATE S Ms. Kamka, Chief Baker and Deputy Police Chief Szos presented staff recommendations to update current fees and/or fines that will impact the FY 2021 budget, details of which are contained in Ms. Kamka's memo to Mr. Bragg of July 30, 2020, Chief Baker's memo to the Board of August 13, 2020, and Lieutenant Anderson's memo to Chief Casstevens and Deputy Chief Szos of July 24, 2020, after which they answered questions from the Board. SUNSET HOME RULE & UTILITY TAXES Mr. Black reviewed the staff recommendation for the continuation of the additional 0.5% Home Ruse Sales Tax, Municipal Natural Gas Use Tax and Municipal Electricity Use Tax in fiscal year 2021. The total $4.81 million or 10.6% of the General Fund revenue budget is subject to sunset provisions. Based on the current service levels, lack of surpluses in other revenue streams, and no new sources of revenue, staff recommends no changes to Home Rule, Electricity or Natural Gas Use Taxes. Further details are contained in Mr. Black's memo of July 27, 2020 to Mr. Bragg. TWENTY YEAR WATER RATE PROFORMA Mr. Stilling reviewed the Twenty Year Water Rate Profoi-rna which reflects the latest rates and capital expenditures, further details of which are contained in his memo to Mr. Bragg of July 29, 2020. FY 2020 SIX-MONTH BUDGET REPORT Mr. Black reviewed the June 30, 2020 mid -point of the fiscal year, which provides an overview of current year performance measured against the approved Budget and makes a comparison against the previous year's totals, further details of which are contained in his memo of July 27, 2020 to Mr. Bragg, Ms. Maltas and Mr. Stilling. 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. 11 2.B ADJOURNMENT Moved by Weidenfeld, seconded by Johnson, to adjourn the meeting. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. The meeting was adjourned at 8:12 P.M. Janet M. Sirabian, Village Clerk APPROVED BY ME THIS 17rh DAY OF Aw4ust 2020 Village President Q Packet Pg. 12 3.A Action Item : Approval of Warrant #1318 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Staff recommends approval. Staff recommends approval of Warrant #1318 which totals $6,087,569.02. ATTACHMENTS: • Warrant #1318 SUMMARY (PDF) Trustee Liaison Weidenfeld Monday, August 17, 2020 Staff Contact Chris Black, Finance Updated: 8/13/2020 4:11 PM Page 1 Packet Pg. 13 3.A.a VILLAGE OF BUFFALO GROVE WARRANT #1318 17-Aug-20 General Fund: 1,031,249.23 Parking Lot Fund: 356.25 Motor Fuel Tax Fund: 0.00 Debt Service Fund: 475.00 School & Park Donations 0.00 Capital Projects -Facilities: 500.00 Capital Projects -Streets: 1,875,975.99 Health Insurance Fund: 0.00 Facilities Development Debt Service Fund: 0.00 Retiree Health Savings (RHS): 145,887.66 Water Fund: 703,169.66 Buffalo Grove Golf Fund: 12,218.78 Arboretum Golf Fund: 26,426.39 Refuse Service Fund: 66,882.41 Information Technology Internal Service Fund: 595632.77 Central Garage Internal Service Fund: 58,655.90 Building Maintenance Internal Service Fund: 114,912.51 4,096,342.55 PAYROLL PERIOD ENDING 07/23/2020 1,020,757.71 PAYROLL PERIOD ENDING 08/06/2020 970,468.76 1,991,226.47 TOTAL WARRANT #1318 6,087,569.02 APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Village Clerk Village President Packet Pg. 14 4.A Resolution No. R-2020-37 : Resolution Extending Executive Order 2020-07 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval. This resolution extends Village President, Beverly Sussman's Executive Order 2020-07. Illinois Governor J.B. Pritzker declared all counties in the State of Illinois as a disaster area on March 9, 2020 and has subsequently extended that declaration until August 24, 2020. ATTACHMENTS: • Resolution Extending the Local Disaster Emergency Proclamation 8.2020 (DOCX) • EO 2020-07 (1) (DOCX) Trustee Liaison Staff Contact Sussman Dane Bragg, Office of the Village Manager Monday, August 17, 2020 Updated: 8/13/2020 1:42 PM Page 1 Packet Pg. 15 4.A.a RESOLUTION EXTENDING EXECUTIVE ORDER 2020-07 WHEREAS, on July 27, 2020, Village President, Beverly Sussman, issued Executive Order 2020-07 based upon the COVID-19 pandemic; WHEREAS, the diagnosed cases of COVID-19 in the local area and the State of Illinois continue to increase; WHEREAS, Illinois Governor J.B. Pritzker declared all counties in the State of Illinois as a disaster area on March 9, 2020 and has subsequently extended that declaration until August 24, 2020; WHEREAS, it is necessary and appropriate for the Village of Buffalo Grove to continue to take measures to protect the public's health in response to the COVID-19 outbreak; WHEREAS, the Village Board finds that the present situation requires the extension of the Village President's Executive Order 2020-07; NOW, THEREFORE, be it resolved as follows: Executive Order 2020-07 dated July 27, 2020 issued by Village President Beverly Sussman is hereby extended. Said extension shall be coterminous with the COVID-19 disaster proclamation issued by Governor J.B. Pritzker unless further amended or modified. This Resolution shall be filed with the Village Clerk as soon as is practical and spread of record to all appropriate agencies. AYES: NAYES: ABSENT: Passed , 2020 Approved , 2020 Approved: Beverly Sussman, Village President Attest: Janet Sirabian, Village Clerk C:Ausers\maltaji\appdata\roaming\igm2\minutetr-aq\buffalogrovevillageil@buffalogrovevillageil.igm2.com\worlc\attachments\5968.docx Packet Pg. 16 4.A.b July 27, 2020 EXECUTIVE ORDER 2020- 07 AMENDMENT TO EXECUTIVE ORDERS 2020-01. 2020-03, 2020-04, 2020-05 and 2020-06 WHEREAS, on March 17, 2020, I issued Executive Order 2020-01 in response to the COVID- 19 Pandemic; and WHEREAS, on April 23, 2020, I issued Executive Order 2020-03 in response to the COVID- 19 Pandemic; and WHEREAS, on April 26, 2020, I issued Executive Order 2020-04 in response to the COVID- 19 Pandemic; and WHEREAS, on May 28, 2020, I issued Executive Order 2020-05 in response to the COVID- 19 Pandemic; and WHEREAS, on June 26, 2020, I issued Executive Order 2020-06 in response to the COVID- 19 Pandemic; and WHEREAS, on July 24, 2020, the State of Illinois issued a new executive order and new guidance regarding the Stay at Home Order issued by Governor JB Pritzker as well as guidance regarding face coverings and said order is numbered 2020-48 and; WHEREAS, I find that in order to maintain consistency and clarity as to the measures to be taken help reduce the spread of COVID-19 effectively and safely there should be consistency with the Governor's Order 2020-48 and my previous Orders; THEREFORE, by the powers vested in me as the President of Buffalo Grove, and pursuant to Section 2.56 of the Village Code, I hereby order the following: Section 1. Executive Orders 2020-01, 2020-03, 2020-04, 2020-05 and 2020-06 are hereby amended to adopt and incorporate Governor Pritzker's Order 2020-48, a copy of which is attached hereto as Exhibit A and adopted herein by this reference. Section 2. All provisions of the prior Executive Orders 2020-01 and 2020-03, 2020-04, 2020- 05 and 2020-06 I have issued are repealed except as specifically set forth below. Section 3. The Village of Buffalo Grove Village Hall and all Village public lobbies, offices and meeting rooms in public buildings are hereby closed except for essential services which shall be continued to be provided. The Village Manager may also open these facilities at his discretion. In the event that in -person service is needed, residents are to schedule an appointment using the information that is set forth on the Village website. The Village Manager may schedule Board and Commission meetings necessary to conduct Village business, at his discretion. Said meetings may occur telephonically, virtually or in person, in accordance with the Governor's Orders and state law. Section 4. All activities of soliciting, as defined in Chapter 5.24 of the Buffalo Grove Municipal Code, are hereby prohibited until further notice. Packet Pg. 17 4.A.b Section 5. Any individual who is over age two and able to medically tolerate a face covering_(a mask or cloth face covering) shall be required to cover their nose and mouth with a face covering at all times when in a public place or when outdoors and unable to maintain a six-foot social distance. A business owner or operator shall refuse admission or service to any individual who fails to wear face coverings as required by this Order. Additionally, all businesses subject to this Order shall post a notice at all public entrances, stating "Entrance Prohibited Without Face Covering". Said notice shall be visible by the public -Prior to entering the establishment and shall be in bold text a minimum of 75 type font in size and in the color and type attached hereto as Exhibit B. Section 6. Restaurants. Consistent with the guidelines issued by the State of Illinois and attached hereto as Exhibit C and any Amendments thereto, restaurants may allow indoor and outdoor dining, including consumption of liquor subject to approval by the Liquor Control Commissioner. The Village Manager may promulgate rules governing the operation of restaurants including, but not limited to, sanitation, dining areas, permits, license, hours of operation and public health requirements as required during the duration of this Order. Section 7. Penalty. The Village of Buffalo Grove Police Department and Community Development Department are authorized to enforce this Executive Order. In addition to other remedies the Village may seek, any violation of this Executive Order may subject the violator to a penalty as set forth in Chapters 1.08 and 1.12 of the Village Code. Section 8. Golf courses are permitted to operate within the restrictions of Executive Order 2020-'13 and any restrictions published by the Illinois Department of Commerce and 2 Economic Opportunity. w ti Section 9. This Executive Order shall be distributed in accordance with the Village Code. c N O Section 10. This Executive Order shall expire not later than the adjournment of thefirst regular N meeting of the Corporate Authorities after the date of this Order unless sooner terminated by Proclamation of the Village President or unless amended or extended pursuant to the Village Code.%AA c 0 Beverly Sussma illage President p w c STATE OF ILLINOIS) E SS. COUNTY OF LAKE) Q ACKNOWLEDGEMENT I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that Beverly Sussman, the Village President of the Village of Buffalo Grove, personally known to me, appeared before me, under oath, this day in person and acknowledged that in such capacity she signed and delivered the said instrument, as her free and voluntary act of the uses and purposes therein set forth. GIVEN under my hand and notarial seal this 27th day of July 2020. Packet Pg. 18 5.A Action Item : Recommendation Regarding Hauber PSEBA Claim ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Village Manager Bragg recommends that the Village Board convene a hearing regarding Kimberly Hauber's claim for benefits under the Public Safety Employee Benefits Act (820 ILCS 320). Should the Village Board agree with Village Manager Bragg's recommendation it would be appropriate for the Village Board to make a motion concurring with Village Manager Bragg's recommendation to convene a hearing and direct Village Attorney Brankin to make a recommendation to the Village Board regarding a hearing officer at the next Village Board meeting on September 14, 2020. Per the attached memo, after a review of the information provided in Kimberly Hauber's application for PSEBA benefits upon the death of her spouse, John Kevin Hauber, Village Manager Bragg finds there is insufficient evidence from the application and supporting materials to establish that the cancer resulted from a response to an emergency situation. However, the materials submitted to date do not preclude the possibility that adequate evidence of attribution to emergency response might be shown. If there is further evidence available, Ms. Hauber should have an opportunity to provide it. Thus, a hearing is recommended to provide the opportunity for raising and considering additional evidence of whether the second condition for PSEBA entitlement can be met. Should the Village Board concur with Village Manager Bragg's recommendation, Chapter 2.72.40 of the Village Code provides that the Village Board or its authorized designee shall convene a hearing which shall be overseen by a hearing officer appointed by the Board President with the consent of the Village Board. Village Manager Bragg recommends that Village Attorney Patrick Brankin make a recommendation to appoint a hearing officer at the next Village Board meeting on September 14, 2020. ATTACHMENTS: • 07-24-20 Hauber PSEBA Application Recommendation(PDF) • Hauber.pseba.application (PDF) Trustee Liaison Sussman Monday, August 17, 2020 Staff Contact Dane Bragg, Office of the Village Manager Updated: 8/13/2020 1:37 PM Page 1 Packet Pg. 19 S.A.a I L G�', OF MEMORANDUM TO: Village President Beverly Sussman and Trustees FROM: Dane C. Bragg, Village Manager DATE: July 24, 2020 SUBJECT: Recommendation Concerning Application for PSEBA Benefits This memorandum sets forth my recommendation with respect to the above - referenced application for benefits under the Public Safety Employees Benefits Act (820 ILCS 320/1 et seq.) ("PSEBA") pursuant to Chapter 2.72.30 of the Village of Buffalo Grove Municipal Code ("Village Code"). Backgrou.nd. Kim Hauber is the widow of former Village of Buffalo Grove Firefighter John Kevin Hauber, who died from colon cancer on January 27, 2018. Ms. Hauber was awarded a line of duty surviving spouse pension benefit by the Board of Trustees of the Buffalo Grove Firefighters' Pension Fund by vote taken on March 23, 2018. The Pension Board issued its written decision on May 14, 2018. Ms. Hauber filed a Complaint for Declaratory Judgment against the Village on March 10, 2020, seeking an award of PSEBA benefits. That Complaint was served upon the Village on May 21, 2020. Through her attorney, Ms. Hauber agreed to stay those proceedings until a time following the conclusion of the Village's administrative process set forth in the Village Code to determine whether the application will be granted. Ms. Hauber's application for PSEBA benefits was received by the Village on June 11, 2020. Documents supplementing that application, including the Pension Board decision and Buffalo Grove Fire Department incident log were received by Village counsel on June 16, 2020 (all of which are attached). Applicable Statute and Ordnance PSEBA requires that an employer of a full-time firefighter in Illinois who suffers a "catastrophic injury" or is killed in the line of duty "as the result of the ... firefighter's response to what is reasonably believed to be an emergency" to "pay the entire premium of the employer's health insurance plan for the injured employee, the injured employee's spouse, and for each dependent child of the injured employee until the child reaches the age of majority or until the end of the calendar year in which the child reaches the age of 25 if the child continues to be dependent for support or the child is a full-time or part-time student and is dependent for support." L) a m w co a L x Page 1 of 2 Packet Pg. 20 S.A.a Courts in Illinois consistently have held that an award of a line of duty death or disability pension is sufficient to establish the "catastrophic injury" prong under PSEBA. However, PSEBA contains a stricter standard of causal connection than the Pension Code standard for line of duty pensions. Courts in Illinois consistently have held that to establish the causation prong under PSEBA, an applicant must show that their injury was caused, at least in part, by their response to what was reasonably believed to be an emergency. Accordingly, the issue in this case is whether the colon cancer resulted from Mr. Hauber's response to what was reasonably believed to have been an emergency. Chapter 2.72.30 of the Village Code provides that the Village Manager shall review £ all PSEBA applications and make a written recommendation to the Corporate Authorities of the Village within 45 days after submission of the relevant documentation. That recommendation shall state whether the applicant is eligible for w benefits under PSEBA or whether a hearing should be convened in order to CO determine whether the applicant is eligible for benefits under PSEBA. Chapter 2.72.40 of the Village Code provides that if the Village Board, following the =_ Village Manager's recommendation, determines that a hearing should be convened, _ the Village Board or its authorized designee shall convene a hearing which shall be overseen by a hearing officer appointed by the Board President with the consent of the Village Board. P Recommendation I have reviewed Ms. Hauber's PSEBA application, as well as the supplemental materials, and the documents relied upon by the Pension Board, such as the independent medical reports. There does not appear to be sufficient evidence from the application and supporting materials to establish that the cancer resulted from a response to an emergency situation. However, the materials submitted to date do not preclude the possibility that adequate evidence of attribution to emergency response might be shown, so if there is further evidence available Ms. Hauber should have an opportunity to provide it. Thus, a hearing is recommended to provide the opportunity for raising and considering additional evidence of whether that second condition for PSEBA entitlement can be met. Sincerely, Dane C. Bragg, Village Manager Attachments Page 2 of 2 Packet Pg. 21 S.A.b VILLAGE OF BUFFALO GROVE APPLICATION FOR BENEFITS PURSUANT TO THE PUBLIC SAFETY EMPLOYEE BENEFITS ACT "PSEBA" The undersigned states as follows: A. Applicant Information 1. Name of Applicant:w V _M-A, ............... . � 2. If Applicant is a family member of the Public Service Officer, please describe relationship to injured or deceased Public Safety Officer: �/(f 3. Employment Status. (select one of a or b): �o a. I am employed by v b. I am not employed W 0 CL 4. Marital Status (select one of a, b, or c): cu M a. Single b. Married to (Name); Social Security Number ...................... ........_.w......... ._,..........www.w.w.w_...._.......... C. Divorced or widowed a �o 5. Dependent Children (select one of a or b): M 0 a. iC I have dependent children under age 26 totaling: _......... b. I do not have any dependent children. 6. Date of Hire with the Village of related Public Service Officer: NAY 7. Has the injured or deceased Public Safety Officer or any family member on his/her behalf previously made a request for PSEBA benefits? If so, identify when the request was made, how it was made, to whom it was made, whether any PSEBA benefits were paid and for how long and provide any documentation: �s B. Health Coverage Information Note: Please be advised that if you are granted continued health coverage under PSEBA, you will receive coverage under the Village's basic group health insurance plan which is the least expensive health plan offered by the Village as determined solely by the Village. This means that you may be obligated to switch group health plans if you are awarded PSEBA benefits and elect Packet Pg. 22 S.A.b to receive such PSEBA benefits. If you wish to maintain different coverage other than the Village's basic group health insurance plan, you may be charged for the difference between such different coverage and the Village's basic group health insurance plan. PSEBA coverage does not include supplemental coverage such as dental or life insurance. Additionally, if your PSEBA coverage is secondary to any other group health plan, your PSEBA coverage will be considered supplemental and may be reduced or eliminated as determined by the Village. Please indicate whether (select one of I or 2): 1. No other health insurance coverage is available to me 2. Other health insurance coverage is available from (check all that apply): a. My current employer's plan b. My spouse's employer's plan C. COBRA from a former employer d. Medicare, Medicaid or other coverage provided through a state or federal health benefit exchange C. Individual policy (Policy Issuer:M µ_ The above indicated coverage began on _ (insert date). This coverage runs until (insert last month of coverage). Please indicate the name of the health plan or insurance company providing other health coverage: ...... ...._.....w......... _ _ 3. Are you currently enrolled in any other coverage? Yes No 4. Indicate monthly amount paid or payable by you for such coverage Provide the following information about insurance carrier or third party administrator of each other health plan or policy that is available to you (including coverage not currently in effect): Contact person.......ww..... _...___ ....... ... .._.... Address Phone Web or E-Mail 2 Packet Pg. 23 S.A.b S. If married (indicate): Is spouse employed? Yes No Name and address of spouse's employer: Is health insurance coverage available from spouse's employer? Yes No Don't know C. Information Related to the Disability 1. Has a Line -Of -Duty Disability Pension been applied for or granted by the Police/Fire Pension Fund Board? If so, provide the date of application or pension, copies of any materials submitted in support of such a pension and the Pension Board award: w.... ............ w._._._. 2. Describe when, where and how the disabling injury or injuries and/or death occurred for which you are now seeking PSEBA benefits and provide any supporting information/documents (attach additional sheets if necessary): 3. List any and all witnesses to the qualifying injury and/or death and provide any witness statements (attach additional sheets if necessary): 4. Provide any other facts that would qualify the injured or deceased Public Safety Officer for PSEBA benefits (attach additional sheets if necessary): 3 Packet Pg. 24 S.A.b D. Medical Information and Supporting Documentation to be Provided to the Village The applicant shall provide, along with this application, any medical records regarding the injury, any decisions by a governing public safety pension board and supporting documentation related to such pension board decisions and any additional pertinent documentation that the applicant wants to have considered or that is requested by the Village. To determine continuing eligibility for PSEBA benefits, the Village Manager may need to review relevant medical records of the applicant and/or the injured Public Safety Officer. In order to process an application for PSEBA coverage, it is necessary that you complete and return to the Village the attached waiver form to authorize the Village to obtain and review copies of these medical records. E. Agreement to Update Information and Comply with PSEBA This statement is made for the sole purpose of receiving benefits provided by the Village of Buffalo Grove under the Public Safety Employee Benefits Act. The information contained in this application is true to the best of my knowledge and belief. If any of the information provided in this application changes, I agree to provide documentation to the Village of Buffalo Grove within 30 days of such change, including in particular any change in the marital status of the spouse of a Public Safety Officer or my dependent reaching age 26, a change in disability status and the availability of any other health coverage to any person listed above. I understand that it is unlawful for a person to willfully and knowingly make, or cause to be made, or to assist, conspire with, or urge another to make, or cause to be made, any false, fraudulent, or misleading oral or written statement to obtain health insurance coverage as provided by the Public Safety Employee Benefits Act. 820 ILCS 320/10(a)(2). Such actions constitute a Class A Misdemeanor and can serve as the basis for denial of coverage and an obligation to repay any benefits paid out under the Public Safety Employee Benefits Act. 820 ILCS 320/10(a)(3). I further understand and agree to comply with the additional reporting obligations set forth in the PSEBA statute and will provide the Village with the requested information in a timely manner pursuant to such laws. I, the undersigned applicant, understand that if I am awarded PSEBA benefits and later become eligible to enroll in another group health plan, including Medicare, that my PSEBA benefits may be reduced or eliminated., /f Signature of Applicant:, Date: ............................................................................... For office use only: Date PSEBA Application Received: Received by: rd Packet Pg. 25 8.A Information Item : Proclamation Recognizing Constitution Week ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Staff recommends proclamation. SUMMARY: Proclaims September 17-23 as Constitution Week. ATTACHMENTS: • Constitution Week Proclomation2018 (DOC) Trustee Liaison Staff Contact Sussman Evan C Michel, Office of the Village Manager Monday, August 17, 2020 Updated: 8/4/2020 3:17 PM Page 1 Packet Pg. 26 8.A.a Village of Buffalo Grove PROCLAMATION RECOGNIZING CONSTITUTION WEEK WHEREAS, The Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law; and WHEREAS, September 17, 2020 marks the 2331h anniversary of the framing of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, It is fitting and proper to accord official recognition to this magnificent document and its memorial anniversary, and to commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17-23 as Constitution week; and NOW THEREFORE, BE IT RESOLVED that I, Beverly Sussman, President of the Village of Buffalo Grove do hereby proclaim the week of September 17-23 as Constitution Week and ask our citizens to reflect on the privilege of being an American, with all of the rights and responsibilities which that privilege involves. Proclaimed this 17th day of August 2020, Beverly Sussman, Village President U Packet Pg. 27 8.B Information Item : Proclaiming September 6-12, 2020 National Payroll Week ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends proclamation. SUMMARY: Proclaiming September 6-12, 2020 National Payroll Week. ATTACHMENTS: • Payroll Week Proc (DOC) Trustee Liaison Sussman Monday, August 17, 2020 Staff Contact Chris Black, Finance Updated: 8/13/2020 1:55 PM Page 1 Packet Pg. 28 8.B.a Village of Buffalo Grove Declares September 6-12, 2020 National Payroll Week WHEREAS, The American Payroll Association and its more than 20,000 members have launched a nationwide public awareness campaign that pays tribute to the nearly 150 million people who work in the United States and the payroll professionals who support the American system by paying wages, reporting worker earnings and withholding federal employment taxes; and WHEREAS, Payroll professionals in the Village of Buffalo Grove play a key role in maintaining the economic health of Buffalo Grove, carrying out such diverse tasks as paying into the unemployment insurance system, providing information for child support enforcement, and carrying out tax withholding, reporting and depositing; and WHEREAS, Payroll departments collectively spend more than $2.4 trillion annually complying with myriad federal and state wage and tax laws; and WHEREAS, Payroll professionals play an increasingly important role ensuring the economic security of American families by helping to identify noncustodial parents and making sure they comply with their child support mandates; and WHEREAS, Payroll professionals have become increasingly proactive in educating both the business community and the public at large about the payroll tax withholding systems; and WHEREAS, Payroll professionals meet regularly with federal and state tax officials to discuss both improving compliance with government procedures and how compliance can be achieved at less cost to both government and businesses; and NOW, THEREFORE, I, Beverly Sussman, President of the Village of Buffalo Grove, for the Board of Trustees, and on behalf of all of the residents of the Village of Buffalo Grove, do hereby proclaim the first full week of September as National Payroll Week. Proclaimed this 17th day of August, 2020. Beverly Sussman, Village President Packet Pg. 29 8.0 Ordinance No. 0-2020-59 : An Ordinance Amending Chapter 5.20 - Liquor Controls ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval. SUMMARY: The Class E liquor license issued to Pizza Amore, Inc. at 808 Milwaukee Avenue is hereby rescinded. The business has closed. ATTACHMENTS: • Ord Class E - Pizza Amore, - Rescinded (DOCX) Trustee Liaison Staff Contact Sussman Julie Kamka, Office of the Village Manager Monday, August 17, 2020 Updated: 8/13/2020 2:10 PM Page 1 Packet Pg. 30 8.C.a Underlined — addition Stfil�s —deletion 08/04/2020 ORDINANCE NO. 2020 - 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 E. of Section 5.20.072 of the Village of Buffalo Grove Municipal Code is hereby amended as follows: 5.20.72 Licenses authorized. E. Class E. Licensee and d/b/a 1. Hanabi, Inc. d/b/a Hanabi Japanese Restaurant 2. Grande Jakes Fresh Mexican Grill in BG, Inc. Address 734 S. Buffalo Grove Road 205 Dundee Road 43. MOD Super Fast Pizza, LLC d/b/a MOD Pizza 1555 Deerfield Parkway 1 -54. Abba, Inc. d/b/a Original Bagel & Bialy 105 McHenry Road Section 2. A. The Class E liquor license issued to Pizza Amore, Inc. at 808 Milwaukee Avenue is hereby rescinded. B. This Section 2 shall not be codified. Section 3. This Ordinance shall be in full force and in effect from and after its passage and approval. AYES: NAYS: ABSENT: PASSED: 2020 m c U N m w N �a v i 0 E a N N 'a rn u� 0 N 0 N 0 1 Packet Pg. 31 8.C.a APPROVED: ATTEST: Janet M. Sirabian, Village Clerk 2020 Beverly Sussman, Village President 2 Packet Pg. 32 8.D Resolution No. R-2020-38 : Motor Fuel Tax Resolution - Thompson & Brandywyn Contract 2 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval. SUMMARY: The Thompson Boulevard and Brandywyn Lane Roadway Improvement Project - Contract 2 requires the Village to execute the Illinois Department of Transportation (IDOT) Motor Fuel Tax (MFT) Resolution to allocate MFT funds to pay the Village's portion of construction. ATTACHMENTS: • T&B C2 MFT Memo (DOCX) • BLR 09110 T&B C2 (PDF) Trustee Liaison Stein Monday, August 17, 2020 Staff Contact Kyle Johnson, Engineering Updated: 8/11/2020 10:31 AM Page 1 Packet Pg. 33 8.D.a VILLAC'E OF BUFFALO CROVE' MEMORANDUM DATE: August 12, 2020 TO: Jenny Maltas, Deputy Village Manager FROM: Kyle Johnson, Civil Engineer II SUBJECT: Thompson & Brandywyn Roadway Improvement — Contract 2 MFT Resolution Background As part of the Thompson Boulevard and Brandywyn Lane Roadway Improvement Project— Contract 2, the Village is required to execute the Illinois Department of Transportation (IDOT) Motor Fuel Tax (MFT) Resolution to utilize MFT funds to pay the Village's portion of construction and engineering. This resolution requests MFT funds be allocated for the Village's local share payments to the Illinois Department of Transportation. Recommendation Staff recommends that the Village Board approve the attached Illinois Department of Transportation (IDOT) Motor Fuel Tax (MFT) Resolution. Packet Pg. 34 8.D.b Illinois Department Resolution for Improvement of Transportation Under the Illinois Highway Code Is this project a bondable capital improvement? ❑ Yes ❑ No Resolution Type Resolution Number Section Number Original 16-00106-02-RS BE IT RESOLVED, by the President and Board of Trustees of the Village Governing Body Type Local Public Agency Type of Buffalo Grove Illinois that the following described street(s)/road(s)/structure be improved under Name of Local Public Agency the Illinois Highway Code. Work shall be done by Contract Contract or Day Labor For Roadway/Street Improvements: Name of Street(s)/Road(s) Length (miles) Route From To Thompson Boulevard 1.031 FAU 3260 Buffalo Grove Rd Weiland Rd Brandywyn Lane 1.135 FAU 2060 Aptakisic Rd Prairie Rd For Structures: Name of Street(s)/Road(s) Existing Structure No. Route Location Feature Crossed BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of roadway reconstruction and resurfacing including all incidental and collateral work necessary to complete the project as shown on the plans and as described in the specifications. 2. That there is hereby appropriated the sum of two million four hundred thousand and no cents Dollars ( $2,400,000.00 ) for the improvement of said section from the Local Public Agency's allotment of Motor Fuel Tax funds. BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit four (4) certified originals of this resolution to the district office of the Department of Transportation. I, Janet Sirabian Village Clerk in and for said Village Name of Clerk Local Public Agency Type Local Public Agency Type of Buffalo Grove in the State aforesaid, and keeper of the records and files thereof, as provided b, Name of Local Public Agency statute, do hereby certify the foregoing to be a true, perfect and complete original of a resolution adopted by President and Board of Trustees of Buffalo Grove at a meeting held on August 17, 2020 Governing Body Type Name of Local Public Agency Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 17th day of August, 2020 Day Month, Year (SEAL) Clerk Si nature Date Approved Regional Engineer Department of Transportation Date N C.i m 06 H 0 rn 0 J m c d E s Q Printed 08/13/20 Page 1 of 1 BLR Packet Pg. 35 8.D.b Instructions for BLR 09110 - Page 1 of 2 NOTE: Form instructions should not be included when the form is submitted. This form shall be used when a Local Public Agency (LPA) wants to construct an improvement using Motor Fuel Tax(MFT) funds. Refer to Chapter 9 of the Bureau of Local Roads and Streets Manual (BLRS Manual) for more detailed information. For signature requirements refer to Chapter 2, Section 3.05(b) of the BLRS Manual. When filling out this form electronically, once a field is initially completed, fields requiring the same information will be auto -populated. Is this project a bondable capital improvement? Check Yes if the project was a bondable capital improvement, check no if it is not. An example of a bondable capital project may include, but is not limited to: project development, design, land acquisition, demolition when done in preparation for additional bondable construction, construction engineering, reconstruction of a roadway, designed overlay extension or new construction of roads, bridges, ramps, overpasses and underpasses, bridge replacement and/or major bridge rehabilitation. Permanent ADA sidewalk/ramp improvements and seeding/sodding are eligible expenditures if part of a larger capital bondable project. A bondable capital improvement project does not mean the LPA was required to sell bonds to fund the project, however the project did meet the criteria to be bondable. Resolution Number Enter the resolution number as assigned by the LPA, if applicable. Resolution Type From the drop down box choose the type of resolution: - Original would be used when passing a resolution for the first time for this project. - Supplemental would be used when passing a resolution increasing appropriation above previously passed resolutions. - Amended would be used when a previously passed resolution is being amended. Section Number Insert the section number of the improvement the resolution covers. Governing Body Type From the drop down box choose the type of administrative body. Choose Board for County; Council for a City or Town; President and Board of Trustees for a Village or Town. LPA Type From the drop down box choose the LPA body type. Types to choose from are: County, City, Town or Village. Name of LPA Insert the name of the LPA. Contract or Day Labor From the drop down choose either Contract or Day Labor. Roadway/Street Improvements: Name Street/Road Insert the name of the Street/Road to be improved. For additional locations use the Add button. Length Insert the length of this segment of roadway being improved in miles. Route Insert the Route Number of the road/street to be improved if applicable. From Insert the beginning point of the improvement as it relates to the Street/Road listed to the left. To Insert the ending point of the improvement as it relates to the Street/Road listed to the left. Structures: Name Street/Road Insert the name of the Street/Road on which the structure is located. For additional locations use the Add button. Existing Structure No. Insert the existing structure number this resolution covers, if no current structure insert n/a. Route Insert the Route number on which the structure is located. Location Insert the location of the structure. Feature Crossed Insert the feature the structure crosses. 1 Insert a description of the major items of work of the proposed improvement. 2 Insert the dollar value of the resolution for the proposed improvement to be paid for with MFT funds in words followed by in the same amount in numerical format in the (). N U �a L c 0 c� 3 c c� m _ 0 N a E 0 t H _ 0 0 a� H u_ 0 M 0 N O N W N V m H 0 T rn 0 J m c d E s �a Q Printed 08/13/20 BLR I Packet Pg. 36 8.D.b I nstrmlons for BLR 09110 - Page 2 of 2 Name of Clerk Insert the name of the LPA clerk. LPA Type Insert the type of clerk based on the LPA type. Types to choose from are: County, City, Town or Village. Name of LPA Insert the name of the LPA. Governing Body Type Insert the type of administrative body. choose Board for County; Council for a City or Town; President and Board of Trustees for a Village or Town Name of LPA Insert the name of the LPA. Date Insert the date of the meeting. Day Insert the day Clerk is signing the document. Month, Year Insert the month and year of the Clerk's signature.Seal The Clerk shall seal the document here. Clerk Signature Clerk shall sign here. Approved The Department of Transportation shall sign and date here once approved. A minimum of three (3) certified signed originals must be submitted to the Regional Engineer's District office. Following IDOT's approval, distribution will be as follows: Local Public Agency Clerk Engineer (Municipal, Consultant or County) District N v �a c 0 V c c c� L m c 0 N a E 0 c 0 0 a� u- 00 M O N O N N U m H O T Qi O N W J m C G1 E s U �a Q Printed 08/13/20 BLR I Packet Pg. 37 9.A Resolution No. R-2020-39 : Thompson & Brandywyn Contract 2 Federal Funding and Engineering Agreements ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval. Staff recommends approval of the Gewalt Hamilton Associates, Inc. Resident engineering contract for the Brandywyn Lane and Thompson Boulevard Improvement Project - Contract 2 pursuant to the Local Public Agency Agreement for Federal Participation. ATTACHMENTS: • LPA &GHA Phase III Memo (DOCX) • CS.109 Stage 2 - BLR 05310 7.28.20 (PDF) • Addendum 1 - Location Map (PDF) • Addendum 3 - Draft Resolution for Local Funding Commitment revised 7.16.20 (DOCX) • Addendum 4 -GATA (DOCX) • GHA CS.109 Stage 2 - DRAFT BLR 05611 07.28.20 (PDF) • BC 775 LPA Resident Construction Supervisor - LDeferville (PDF) • BC 776 LPA Construction Inspector - LDeferville (PDF) Trustee Liaison Stein Monday, August 17, 2020 Staff Contact Kyle Johnson, Engineering Updated: 8/7/2020 1:43 PM Page 1 Packet Pg. 38 9.A.a VILLAC'E OF BUFFALO CROVE' MEMORANDUM DATE: August 13, 2020 TO: Jenny Maltas, Deputy Village Manager FROM: Kyle Johnson, Civil Engineer II SUBJECT: Approval of Local Public Agency Agreement for Federal Participation and a Phase III Resident Engineering Agreement Since 2014 staff has worked with the Lake County Council of Mayors to have the entire limits of Thompson Boulevard and Brandywyn Lane (4.2 miles) successfully added to the Federal Aid Urban route system. Through this process staff then secured Federal funding for 80% of the total project improvements. Currently the total project cost for both roads is estimated to be $12,257,040 through Design Engineering (Phase II) and Resident Engineering and construction (Phase III). $9,805,632 of that total will be paid for by Surface Transportation Program grant funding, the remaining $2,451,408 will be the Village's obligation. The Village has also elected to include additional Village streets at our own cost, as they are logical inclusions to the construction and the Village will benefit from the economies of scale. Because of the size of this overall project, it has been broken down into 3 contracts. Contract 1 is currently underway and will be completed in 2020, for which the Village Board approved this same type of agreement on January 21', 2020. Contract 2 is the subject of this item and agreement, which will be bid by the Illinois Department of Transportation on November 6th, 2020 and constructed in 2021. Contract 3 is still planned for construction in 2022. In order to appropriate those funds toward the Village's use on the Phase III Resident Engineering and contracted construction of Brandywyn Lane & Thompson Boulevard Contract 2, a Local Public Agency Agreement for Federal Participation is required between the State of Illinois Department of Transportation and the Village of Buffalo Grove. In order to receive the grant funds the Village of Buffalo Grove must agree to complete the construction within the Illinois Department of Transportation's policies and procedures. In 2015 the Village hired Ciorba Group to complete the Phase I Engineering Study. In late 2017 staff advertised for a Qualification Based Selection (QBS) process for the Thompson Blvd and Brandywyn Ln for Phase II Design Engineering and Phase III Resident Engineering services. After a thorough review of 13 submittals, the selection review committee selected Civiltech Engineering, Inc. for the Phase II Design Engineering which was previously approved by the Village Board. The committee also selected Gewalt Hamilton Associates, Inc. for the Phase III Resident Engineering services, primarily based on positive past experiences with the Village for similar work and an overall expertise with municipal construction Packet Pg. 39 9.A.a practices. To maintain eligibility for Federal grant funding the QBS process is required to follow the Federal guidelines. Contract 2 includes Brandywyn Lane from Aptakisic Road to Prairie Road and Thompson Blvd from Weiland Road to Buffalo Grove Road. Additionally, the following Village streets are included: Rolling Hills Court, Euclid Court, Berkley Court, Crossfield Court, Devonwood Court, Village Court, Jersey Court, Quaker Hollow Court South, Quaker Hollow Court North, London Court, Dover Court, Cedar Court South, Cedar Court North, English Oak Terrace, Ironwood Court and Thompson Court. Work is expected to begin in April 2021 and be completed in November 2021. Of the $7,620,854.00 project estimate for Contract 2, up to $4,958,166.00 will be federally funded. Staff recommends that the Village Board authorize the Village President and the Village Clerk to execute the Local Public Agency Agreement with the Illinois Department of Transportation. Staff further recommends approval of the Phase III Resident Engineering Agreement with Gewalt Hamilton Associates, Inc. in an amount not to exceed $631,025.00. Packet Pg. 40 9.A.b Illinois Department Local Public Agency Agreement of Transportation for Federal Participation LOCAL PUBLIC AGENCY Local Public Agency Count Section Number a� Village of Buffalo Grove Lake 16-00106-02-RS L CD Fund Type ITEP, SRTS, HSIP Numbers MPO Name MPO TIP Number STU N/A CMAP 10-16-0039 LU ® Construction on State Letting ❑ Construction Local Letting ❑ Day Labor ❑ Local Administered Engineering ❑ Right -of -Way c n, Construction Engineering Right of Way Job Number Pro'ect Number Job Number Pro'ect Number Job Number Pro'ect Number C-91-091-20 PR6D(061) IF_ This Agreement is made and entered into between the above local public agency, hereinafter referred to as the "LPA" and the State of Illinois, acting by and through its Department of Transportation, hereinafter referred to as "STATE". The STATE and LPA jointly propose tc improve the designated location as described below. The improvement shall be consulted in accordance with plans prepared by, or on behalf of the LPA and approved by the STATE using the STATE's policies and procedures approved and/or required by the Federal Highway Administration, hereinafter referred to as "FHWA". LOCATION Stationing Local Street/Road Name Key Route Len th From To Brandywyn Lane MUN 4801 1.23 0.00 1.23 Location Termini Aptakisic Road to Prairie Road Current Jurisdiction Existing Structure Number(s) Add Location Village of Buffalo Grove N/A Remove LOCATION Stationing Local Street/Road Name Key Route Len th From To Thompson Boulevard MUN 4756 �11.03 0.00 1.03 Location Termini Buffalo Grove Road to Weiland Road Current Jurisdiction Existing Structure Number(s) Add Location Village of Buffalo Grove N/A F7Reemove PROJECT DESCRIPTION Project consists of the reconstruction and resurfacing of Bryndywyn Ln and reconstruction of Thompson Blvd Improvements include curb and gutter, ADA upgrades, landscaping restoration and other associated improvements to complete the project. LOCAL PUBLIC AGENCY APPROPRIATION - REQUIRED FOR STATE LET CONTRACTS By execution of this Agreement the LPA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to fund the LPA share of project costs. A copy of the authorizing resolution or ordinance is attached as an addendum. METHOD OF FINANCING - (State -Let Contract Work Only) Check One ❑ METHOD A - Lump Sum (80% of LPA Obligation Lump Sum Payment - Upon award of the contract for this improvement, the LPA will pay the STATE within thirty (30) calendar days of billing, in lump sum, an amount equal to 80% of the LPA's estimated obligation incurred under this agreement. The LPA will pay to the STATE the remainder of the LPA's obligation (including any nonparticipating costs) in a lump sum within thirty (30) calendar days of billin< in a lump sum, upon completion of the project based on final costs. 0 N 00 N r` 0 M LO 0 W J m N rn 0 V) U c m E s v (a Q Printed 08/13/20 Page 1 of 6 BLR Packet Pg. 41 9.A.b ❑ METHOD B - Monthly Payments of due by the of each successive month. Monthly Payments - Upon award of the contract for this improvement, the LPA will pay to the STATE a specified amount each month for an estimated period of months, or until 80% of the LPA's estimated obligation under the provisions of the agreement has been paid. The LPA will pay to the STATE the remainder of the LPA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. _ ® METHOD C - LPA's Share Balance divided by estimated total cost multiplied by actual progress payment Progress Payments - Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the LPA will pay to the STATE within thirty (30) calendar days of receipt, an amount equal to the LPA's share of the construction cost divided by the estimated total cost multiplied by the actual payment (appropriately adjust for nonparticipating costs) made to the contractor until the entire obligation incurred under this agreement has been paid. Failure to remit the payment(s) in a timely manner as required under Methods A, B, or C shall allow the STATE to internally offset, reduce, or deduct the arrearage from any payment or reimbursement due or about to become due and payable from the STATE to the LPA on thi: or any other contract. The STATE at its sole option, upon notice to the LPA, may place the debit into the Illinois Comptroller's Offset System (15 ILCS 405/10.05) or take such other and further action as may be required to recover the debt. THE LPA AGREES: 1. To acquire in its name, or in the name of the STATE if on the STATE highway system, all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established State policies and procedures. Prior to advertising for bids, the LPA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LPA, the STATE, and the FHWA if required. 2. To provide for all utility adjustments and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Public Agency Highway and Street Systems. 3. To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during constructior of the proposed improvement. 4. To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, a jurisdictional addendum is required. 5. To maintain or cause to be maintained the completed improvement (or that portion within its jurisdiction as established by addendum referred to in item 4 above) in a manner satisfactory to the STATE and the FHWA. 6. To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. 7. To maintain for a minimum of 3 years after final project close out by the STATE, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract. The contract and all books, records, and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE. The LPA agrees to cooperate fully with any audit conducted by the Auditor General, the STATE, and to provide full access to all relevant materials. Failure to maintain the books, records, and supporting documents required by this section shall establish presumption in favor of the STATE for recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 8. To provide if required, for the improvement of any railroad -highway grade crossing and rail crossing protection within the limits of the proposed improvement. 9. To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA. 10. (Local Contracts or Day Labor) To provide or cause to be provided all of the initial funding, equipment, labor, material and services necessary to complete the project. 11. (Preliminary Engineering) In the event that right-of-way acquisition for, or construction of, the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following FHWA authorization, the LPA will repay the STATE any Federal funds received under the terms of this agreement. 12. (Right -of -Way Acquisition) In the event construction has not commenced by the close of the twentieth fiscal year following FHWA authorization using right-of-way acquired this agreement, the LPA will repay the STATE any Federal Funds received under the terms of this agreement. 13. (Railroad Related Work) The LPA is responsible for the payment of the railroad related expenses in accordance with the LPA/ railroad agreement prior to requesting reimbursement from the STATE. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets Office. Engineer's Payment Estimates shall be in accordance with the Division of Cost. 14. Certifies to the best of its knowledge and belief that it's officials: a. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; b. have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antirust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; c. are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, Local) with commission of any of the offenses enumerated in item (b) of this certification; and 0 N 00 N ti 0 M uO 0 W J m N d a� �o y 0 Cn U c m E s v �a Q Printed 08/13/20 Page 2 of 6 BLR Packet Pg. 42 9.A.b d. have not within a three-year period preceding the agreement had one or more public transactions (Federal, State, Lo terminated for cause or default. 15. To include the certifications, listed in item 14 above, and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. 16. (STATE Contracts). That execution of this agreement constitutes the LPA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. 17. That for agreements exceeding $100,000 in federal funds, execution of this agreement constitutes the LPA's certification that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing CD or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or any employee of a member of congress in connection with the awarding of any federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or W cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress or an employee of s member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard form - LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. c. The LPA shall require that the language of this certification be included in the award documents for all subawards (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements), and that all subrecipients shall certify and disclose accordingly. 18. To regulate parking and traffic in accordance with the approved project report. 19. To regulate encroachments on public rights -of -way in accordance with current Illinois Compiled Statutes. 20. To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with the current Illinois Compiled Statutes. 21. To comply with the federal Financial Integrity Review and Evaluation (FIRE) program, which requires States and subrecipients to justify continued federal funding on inactive projects. 23 CFR 630.106(a)(5) defines an inactive project as a project in which no expenditures have been charged against federal funds for the past twelve (12) months. 22. (Reimbursement Requests) For reimbursement requests the LPA will submit supporting documentation with each invoice. Supporting documentation is defined as verification of payment, certified time sheets or summaries, vendor invoices, vendor receipts, cost plus fix fee invoice, progress report, personnel and direct cost summaries, and other documentation supporting the requested reimbursement amount (Form BLR 05621 should be used for consultant invoicing purposes). LPA invoice requests to the STATE will be submitted with sequential invoice numbers by project. 23. (Final Invoice) The LPA will submit to the STATE a complete and detailed final invoice with applicable supporting documentation of all incurred costs, less previous payments, no later than twelve (12) months from the date of completion of work or from the date of the previous invoice, which ever occurs first. If a final invoice is not received within this time frame, the most recent invoice may be considered the final invoice and the obligation of the funds closed. Form BLR 05613 (Engineering Paymenl Record) is required to be submitted with the final invoice on the engineering projects. 24. (Project Closeout) The LPA shall provide the final report to the appropriate STATE district office within twelve (12) months of the physical completion date of the project so that the report my be audited and approved for payment. If the deadline cannot be met, a written explanation must be provided to the district prior to the end of the twelve (12) months documenting the reason and the new anticipated date of completion. If the extended deadline is not met, this process must be repeated until the project is closed. Failure to follow this process may result in the immediate close-out of the project and loss of further funding. 25. (Project End Date) For Preliminary Engineering projects the end date is ten (10) years from the execution date of the agreement. For Right -of -Way projects the end date is fifteen (15) years from the execution date of the agreement. For Construction projects the end date is five (5) years for projects under $1,000,000 or seven (7) years for projects over $1,000,000 from the execution date of the agreement. Requests for time extensions and joint agreement amendments must be received and approved prior to expiration of the project end date. Failure to extend the end date may result in the immediate close-out of the project and loss of further funding. 26. (Single Audit Requirements) That if the LPA expends $750,000 or more a year in federal financial assistance they shall have an audit made in accordance with 2 CFR 200. LPA's expending less than $750,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE (Office of Internal Audit, Room 201, 2300 South Dirksen Parkway, Springfield Illinois, 62764) within 30 days after the completion of the audit, but no later than one year after the end of the LPA's fiscal year. The CFDA number for all highway planning and construction activities is 20.205. 27. That the LPA is required to register with the System for Award Management or SAM, which is a web -enabled government -wide application that collects, validates, stores, and disseminates business information about the federal government's trading partnerE in support of the contract award and the electronic payment processes. To register or renew, please use the following website: htWs.,�//www. 28. (Required Uniform Reporting) To comply with the Grant Accountability and Transparency Act (30 ILCS 708) that requires a uniform reporting of expenditures. Uniform reports of expenditures shall be reported no less than quarterly using IDOT's BoBS 2832 form available on IDOT's web page under the "Resources" tab. Additional reporting frequency may be required based upon specific conditions, as listed in the accepted Notice of State Award (NOSA). Specific conditions are based upon the award recipient/grantee's responses to the Fiscal and Administrative Risk Assessment (ICQ) and the Programmatic Risk Assessment (PRA). NOTE: Under the terms of the Grant Funds Recovery Act (30 ILCS 705/4.1), "Grantor agencies may withhold or suspend the distribution of grant funds for failure to file requirement reports" if the report is more than 30 calendar days delinquent, without any Printed 08/13/20 Page 3 of 6 BLR Packet Pg. 43 0 N 00 N ti 0 M uO 0 W J m N d a� �o y 0 W U c m s v M Q 9.A.b approved written explanation by the grantee, the entity will be placed on the Illinois Stop Payment List. (Refer to the Gra Compliance Enforcement System for detail about the Illinois Stop Payment List: https://www.illinois.gov/sites/GATA/Pages/ Resou rceLibrary.aspx) THE STATE AGREES: 1. To provide such guidance, assistance, and supervision to monitor and perform audits to the extent necessary to assure validity of the LPA's certification of compliance with Title II and III Requirements. 2. (State Contracts) To receive bids for construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement after receipt of a satisfactory bid. 3. (Day Labor) To authorize the LPA to proceed with the construction of the improvement when agreed unit prices are approved, and to reimburse the LPA for that portion of the cost payable from Federal and/or State funds based on the agreed unit prices and engineer's pay estimates in accordance with the division of cost page. 4. (Local Contracts) For agreements with federal and/or state funds in engineering, right-of-way, utility work and/or construction work: a. To reimburse the LPA for federal and/or state share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payments by the LPA; b. To provide independent assurance sampling and furnish off -site material inspection and testing at sources normally visited by STATE inspectors for steel, cement, aggregate, structural steel, and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction and federal Buy America provisions. That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal -aid participation within one (1) year of the date of execution of this agreement. This agreement shall be binding upon the parties, their successors and assigns. For contracts awarded by the LPA, the LPA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LPA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT - assisted contracts. The LPA's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this agreement. Upon notification to the recipient of its failure to carry out its approved program, the STATE may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S. C 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.0 3801 et seq.). In the absence of a USDOT - approved LPA DBE Program or on state awarded contracts, this agreement shall be administered under the provisions of the STATE'S USDOT approved Disadvantaged Business Enterprise Program. In cases where the STATE is reimbursing the LPA, obligation of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable federal funding source fails to appropriatf or otherwise make available funds for the work contemplated herein. All projects for the construction of fixed works which are financed in whole or in part with funds provided by this agreement and/or amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of the act exempt its application. ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this agreement. 1. Location Map 2. Division of Cost - 3. LPA Funding Authorization Resolution - 4. GATA Reporting Add Row Printed 08/13/20 Page 4 of 6 BLR 0 Packet Pg. 44 9.A.b The LPA further agrees as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this a and all Addenda indicated above. APPROVED Local Public Agency APPROVED State of Illinois Department of Transportation Name of Official Print or Type Name Omer Osman P.E., Acting Secretary Date Beverly Sussman Title of Official Village President By: Si nature Date Director of Planning & Programming Date The above signature certifies the agency's Tin number is 362525051 conducting business as a Governmental Entity Duns Number 074402751 Director of Planning & Programming Date Philip C. Kaufmann, Chief Counsel Date Joanne Woodworth, Acting Chief Fiscal Officer Date NOTE: if the LPA signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required. Printed 08/13/20 Page 5 of 6 BLR 0 Packet Pg. 45 M N O CO O O O CO r N w LU m Z Q 0 Z LU C 0 Q L Z U O 0 R � E O , t z a1 � N E m z U N �O a1 C N ML 0 CE am = z 0 n i O LU E � 7 Z O N CD I..L O N @ r E rn L � O r o v ° U O O O o o 0 0 0 N 00zT f� � N 4 LO In @ CO CCOO N O CO 00 O O Lq Lo 69 04 CO u} va ffl O O O O O N N 0 0 0 0 0 o 0 p U M LO O 00 00 C N Q 7 O M co co N CO N_ U Q — EA CO ff3 �3 N d U J a O H -6 J J J LL O O O J I J I J 0 O O c E LL Q @ is co O (6 0 ~ H C 7 LL 0 0 0 0 0 00 00 C� q C Q Q co c Z5 V C'I N cc =3 LL =3 O CO LO ' LO LO QCD 6s LL m 70- O LL U) U) C O O U M O U " C O U O U c 0 a c' c) a > U O .- O W O .O Q M U 7 UIL �E C L C d z U N 0 yam-+ U) @ c @ @ O O O U N O U U U) 7 U O 1W LO W 6 •— ffi —, w H Z 0 CD O +� U Q •— U O 0 L N H O U) U Q a 2 @ LL OL L CS C C6 O z N al C @ r U O U O 7 N -0 ,5 c a) @ C a) @ p O a L @ -O 2 C: co N c �a 0 U � O O U 0 O 0 .N � •� O _N a) -0 � C cu c Packet Pg. 46 9.A.b Instructions for BLR 05310 - Page 1 of 3 NOTE: Form instructions should not be included when the form is submitted. This form shall be used when a local public agency (LPA) project involves Federal -Aid, with or without state funds and this standard form is sufficient to describe all details of the agreement. For more information refer to the Bureau of Local Roads and Streets Manual (BLRS) Chapter 5. For signature requirements refer to Chapter 2, Section 3.05(b) of the BLRS manual. When filling out this form electronically, once a field is initially completed, fields requiring the same information will be auto -populated. Local Public Aaenc Name of LPA Insert the name of the LPA County Insert the name of the county in which the LPA is located. Section Number Insert the section number applied to this project. Fund Type Insert the funding type(s) being used for this project (e.g. STU, STR, ITEP, etc.) ITEP, SRTS, HSIP Number Insert the ITEP, SRTS, HSIP number assigned to this project. MPO Name From the drop down choose the MPO in which the project is located. If the project is not located within an MPO, select N/A. Types to choose from are: Bi-State Bi-State Regional Commission CMAP Chicago Metropolitan Planning Organization CUUATS Champaign/Urbana Urban Area Transportation Study DATS Danville Area Transportation Study DMATS Dubuque Metropolitan Area Transportation Study DSATS DeKalb/Sycamore Area Transportation Study DUATS Decatur Urbanized Area Transportation Study EWGCG East-West Gateway Council of Governments KATS Kankakee Area Transportation Study MCRPC McLean County Regional Planning Commission PPUATS Peoria/Pekin Urban Area Transportation Study RPC Region 1 Planning Council SATS Springfield Area Transportation Study SEMPO South East Metropolitan Planning Organization SIMPO Southern Illinois Metropolitan Planning Organization SLATS State Line Area Transportation Study MPO Tip Number Insert the MPO Tip Number assigned to this project, this is required for all projects located N within the MPO planning boundaries if applicable. If not, insert "N/A". 00 N Construction on State Letting Check this box if the construction portion of this project will be on a state held letting. ti 0 Day Labor Check this box if the project will be constructed using day labor. M LO 0 Local Administered Engineering Check this box if the LPA is administering the engineering locally. W J m Right -of -Way Check this box if Right -Of -Way is part of the project. N Construction Job Number Insert the job number assigned for the construction portion, the number will begin with a "C" N Project Number Insert the project number assigned to the construction portion of this project. o Engineering co U Job Number Insert the job number assigned for the engineering portion of this project. Project Number Insert the project number assigned to the engineering portion of this project. m E t v �a Q Printed 08/13/20 BLR Packet Pg. 47 Instructions for BLR 05310 - Page 2 of 3 9.A.b Right -of -Way Job Number Insert the job number assigned for Right -of -Way for the project, if applicable. The number will begin with a "R". Project Number Insert the project number assigned to the Right -of -Way for the project, if applicable. Location Use the add location button to add additional locations if needed for up to a total of five location. If there are more than five locations, use various. Local Street/Road Name Insert the local street/ road name. Key Route Insert the key route of the street/road listed above. Length Insert the length in miles as it pertains to the location listed above. For a structure insert 0.01. Station From Insert the beginning station of the project as it pertains to the key route for this location for thi: project. To Insert the ending station of the project as it pertains to the key route for this location for this project. Location Termini Insert the beginning and ending termini as it pertains to this location for this project. Existing Structure Number(s) Insert the existing structure number(s) for this project. Add Location Use this button to add additional locations. A total of four additional locations can be added. (- there are more than 5 locations, do not add each location. Instead, insert "Various" in the first location field. Project Description Insert a description of the work to be accomplished by this project. Method of Financing This area is for state -let -contracts only. Check one. Method A If this box is checked insert the dollar amount equal to 80% of the LPA's total obligation. Method B If this box is checked insert the number of monthly payments needed to repay 80% of the LPA's estimated obligation. Method C If this box is checked insert the dollar amount of the LPA's share of the construction costs for this project. For State Let Construction Projects: Addenda Within the Addenda table, check the box as applicable. Insert the item number of the addenda and a description of the item. 1. Location Map Attach a location map to this agreement showing all locations being improved by this project. 2. Division of Cost Insert the division of cost page (see separate instructions for completing this document). 3. LPA Appropriation Resolution For State -Let construction projects, the LPA must pass an appropriation resolution covering the local share of the project. Attach the resolution for this appropriation. 4. IDOT Fiscal Approval Signature Page Approved Local Public Agency The appropriate LPA official shall insert their name, sign and date. Insert the LPA's TIN number and DUNS Number. Illinois Dept of Transportation The appropriate IDOT official shall sign and date here. For Local Let Projects: 1. Location Map Attach a location map to this agreement showing all locations being improved by this project. 2. Division of Cost Insert the division of cost page (see separate instructions for completing this document) For additional addenda, check this box and insert a description of the item and attach it to the agreement. 0 N ao N ti 0 T M LO O w J m N d a� �o N 0 0 U c m s v �a Q Printed 08/13/20 BLR Packet Pg. 48 9.A.b Instructions for BLR 05310 - Page 3 of 3 Approved Local Public Agency The appropriate LPA official shall insert their name, sign, and date. Insert the LPA's TIN number and DUNS Number. Illinois Dept of Transportation The appropriate IDOT officials shall sign and date here. Division of Cost Table. When the LPA desires to use one or more lump -sum amounts before the federal percentage is calculated, specify the order in which it should be used and the "not to exceed" amount. The following provides an example of the wording that may be used: Lump -sum $60,000 TARP funds not to exceed 50% of final cost of project credited to the project to be utilized first. Lump -sum to be utilized second not to exceed $20,000 EDP funds. Lump -sum to be utilized third not to exceed $40,000 SMA funds. These specified amounts will be used in sequence, with the federal and local percentages calculated after they are deducted When the LPA desires to use a percent "not to exceed" commitment, the federal and state funds will be used concurrently at the specified percentages up to the "not to exceed" amount Example Maximum STR participation 80% not to exceed $100,000 Lump -sum SMA not to exceed $20,000 to be used as a match to the federal funds Be advised that the "not to exceed" amount specified under a percentage commitment will be tied up and unavailable for programming unt the project is closed out and a documentation review has been completed by IDOT or FHWA, if required. Division of Cost Table: Use a separate line for each type of work as it relates to the fund type for federal, state and/or LPA funds Type of Work Choose the type of work from the drop down list. Types to choose from are: Participating Construction, Non -Participating Construction, Preliminary Engineering, Construction Engineering, Right -of -Way, Railroads, Utilities, and Materials. Federal Funds If federal funds are being used on this project complete the following for federal funds. Fund Type Choose the type of federal fund type form the drop down. Amount Insert the amount of federal funds for the type listed under fund type. % Insert the percentage of federal funds for this type. State Funds If state funds are being used on this project complete the following for state funds. Fund Type Choose the type of State Funds from the drop down. Amount Insert the amount of state funds for the type listed under fund type. % Insert the percentage of state funds for this type. Local Public Agency Funds Fund Type Insert the type of LPA funds being used on this project. Amount Insert the amount of LPA funds for the type listed under fund type. % Insert the percentage of local funds for this type. Explanation Insert any necessary additional information as to how the funding is being applied for this project. A minimum of three (3) originals executed by the LPA must be submitted to the District through its Regional Engineer's Office. Distribution will be as follows: District file Bureau of Local Roads Central Office (2) 0 N 00 N ti 0 M LO 0 W J m N d co 0 rn U c m t v �a Q Printed 08/13/20 BLR Packet Pg. 49 uiuiuiuiuiuiuiuiuiuiuia lejape=l Z joeiluoo uAmApuej8 3g uosdLuoLI.L 6E-OZOZ-'c 4-0 v, W, 0 M 0 6. "Ov if I 1) deW uoije3o-1 - 6 wnpuappV :juewLjoejjV 11 0 Lf) 6) a. a. 9.A.d COUNTY/CITY/VILLAGE/TOWNSHIP of _Buffalo Grove Location: _Brand wyn Lane & Thompson Boulevard — Sta eg g Section No.: _16-00106-02-RS Project No.: _ PR6D(061) Job No.: C-91-091-20 Lake County RESOLUTION WHEREAS, The VILLAGE of BUFFALO GROVE is attempting to improve a segment of Brandywyn Lane from Aptakisic Road to Prairie Road that is approximately 1.135 miles in length and Thompson Boulevard from Buffalo Grove Road to Weiland Road that is approximately 1.031 miles in length. WHEREAS, the cost of said improvement has necessitated the use of federal funds. WHEREAS, the federal fund source requires a local match. NOW THEREFORE, BE IT RESOLVED by the VILLAGE of BUFFALO GROVE Board of Trustees that the VILLAGE of BUFFALO GROVE authorized Three Million One Hundred Six -Seven Thousand Five Hundred and Eight dollars, (S3,167,508) or as much may be needed to match federal funds in the completion of MFT Section Number 16- 00106-02-RS. BE IT FURTHER RESOLVED that the VILLAGE President and VILLAGE Clerk be and are hereby authorized and directed to execute the above -mentioned AGREEMENT and any other such documents related to advancement and completion of said project; and BE IT FURTHER RESOLVED that the VILLAGE Clerk is hereby directed to transmit five certified copies of this resolution to the Illinois Department of Transportation through the Division of Transportation and one certified copy to the VILLAGE through the VILLAGE Clerk's Office. Enacted and approved this day of 20_, at VILLAGE of BUFFALO GROVE, Illinois. ADOPTED this _ day of , 20_ AYES NAYS ABSENT ATTEST: Beverly Sussman, Village President Janet Sirabian, Village Clerk SEAL, Packet Pg. 51 9.A.e Addendum No. 4 Grant Accountability and Transparency Act (GATA) Reauired Uniform Reaortin The Grant Accountability and Transparency Act (30 ILCS 708), requires a uniform reporting of expenditures. Uniform reports of expenditures shall be reported no less than quarterly using IDOT's BoBS 2832 form available on IDOT's web page under the "Resources" tab. Additional reporting frequency may be required based upon specific conditions, as listed in the accepted Notice of State Award (NOSA). Specific conditions are based upon the award recipient/grantee's responses to the Fiscal and Administrative Risk Assessment (ICQ) and the Programmatic Risk Assessment (PRA). PLEASE NOTE: Under the terms of the Grant Funds Recovery Act (30 ILCS 705/4.1), "Grantor agencies may withhold or suspend the distribution of grant funds for failure to file requirement reports" if the report is more than 30 calendar days delinquent, without any approved written explanation by the grantee, the entity will be placed on the Illinois Stop Payment List. (Refer to the Grantee Compliance Enforcement System for detail about the Illinois Stop Payment List: https://www.illinois.gov/sites/GATA/Pages/ResourceLibrary.aspx ) rn M O N O N W Packet Pg. 52 9.A.f Local Public Agency Village of Buffalo Grove L Illinois Department O C of Transportation C O County Lake A L N S Section 16-00106-02-RS A Construction Engineering U L Project No. PR6D(061) G Services Agreement T Job No. C-91-091-20 E N For Federal Participation A N Contact Name/Phone/E-mail Address Darren T. Monico, P.E. C T dmonico@vbg.org Y THIS AGREEMENT is made and entered into this day of Consultant Gewalt Hamilton Associates, Inc. Address 625 Foi City Vernon State Illinois Zip Code Contact Name/Phone/E-mail Address Todd Gordon / (847) 478-9700 tgordon@gha-engineers.com between the above Local Public Agency (LPA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT described herein. Federal -aid funds allotted to the LPA by the state of Illinois under the general supervision of the Illinois Department of Transportation (STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used, they shall be interpreted to mean Regional Engineer Deputy Director Division of Highways, Regional Engineer, Department of Transportation Resident Construction Supervisor Authorized representative of the LPA in immediate charge of the engineering details of the PROJE In Responsible Charge A full time LPA employee authorized to administer inherently governmental PROJECT activities Contractor Company or Companies to which the construction contract was awarded Project Description Name Brayndywyn Ln & Thompson Blvd Route 4801/4756 Length 2.17 MI Structure No. N/A M Termini Aptakisic Rd to Prairie Road; Buffalo Grove Rd to Weiland Road N 0 N Description: Project consists of the reconstruction and resurfacing of Bryndywyn Ln and reconstruction of Thompson Blvd. Improvement W include curb and gutter, ADA upgrades, landscaping restoration and other associated improvements to complete the project. 0 N Agreement Provisions N ti 0 I. THE ENGINEER AGREES, co 1. To perform or be responsible for the performance of the engineering services for the LPA, in connection with the PROJECT c hereinbefore described and checked below: J m ❑ a. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research (BMPR) Quality Control/Quality Assurance (QC/QA) training documents or contract requirements and obtain samples and perform Q testing as noted below. ❑ b. Proportion hot mix asphalt according to applicable STATE BMPR QC/QA training documents and obtain samples N and perform testing as noted below. aD �a ❑ c. For soils, to obtain samples and perform testing as noted below. ❑ d. For aggregates, to obtain samples and perform testing as noted below. rn NOTE: For la. through 1d. the ENGINEER is to obtain samples for testing according to the STATE BMPR "Project V Procedures Guide", or as indicated in the specifications, or as attached herein by the LPA; test according to the = STATE BMPR "Manual of Test Procedures for Materials", submit STATE BMPR inspection reports; and verify (9 compliance with contract specifications. d E t v �a Q Page 1 of 9 BLR 05611 (Rev. 11/09/17) Printed on 7/28/2020 11:16:55 AM Packet Pg. 53 9.A.f ❑ e. Inspection of all materials when inspection is not provided at the sources by the STATE BMPR, and submit inspection reports to the LPA and the STATE in accordance with the STATE BMPR "Project Procedures Guide" and the policies of the STATE. ❑ f. For Quality Assurance services, provide personnel who have completed the appropriate STATE BMPR QC/QA trained technician classes. ® g. Inspect, document and inform the LPA employee In Responsible Charge of the adequacy of the establishment and maintenance of the traffic control. ❑ h. Geometric control including all construction staking and construction layouts. ® i. Quality control of the construction work in progress and the enforcement of the contract provisions in accordance wit the STATE Construction Manual. ® j. Measurement and computation of pay items. ® k. Maintain a daily record of the contractor's activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. ® I. Preparation and submission to the LPA by the required form and number of copies, all partial and final payment estimates, change orders, records, documentation and reports required by the LPA and the STATE. ❑ m. Revision of contract drawings to reflect as built conditions. ® n. Act as resident construction supervisor and coordinate with the LPA employee In Responsible Charge. 2. Engineering services shall include all equipment, instruments, supplies, transportation and personnel required to perform the duties 0 of the ENGINEER in connection with the AGREEMENT. 0 s 3. To furnish the services as required herein within twenty-four hours of notification by the LPA employee In Responsible Charge. 4. To attend meetings and visit the site of the work at an reasonable time when requested to do sob representatives of the LPA or g Y q Y p rn M c STATE. c N 5. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties W without the written consent of the LPA. The consent to sublet, assign or otherwise transfer any portion of the services to be c furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this c*4 AGREEMENT. 06 N 6. ti The ENGINEER shall submit invoices, based on the ENGINEER's progress reports, to the LPA employee In Responsible Charge, no more than once a month for partial payment on account for the ENGINEER's work completed to date. Such invoices shall represent the value, to the LPA of the partially completed work, based on the sum of the actual costs incurred, plus a percentage W LO (equal to the percentage of the construction engineering completed) of the fixed fee for the fully completed work. 7 That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable to J m improvement of the SECTION; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to F_ perform the services enumerated herein. Q That the ENGINEER shall be responsible for the accuracy of the ENGINEER's work and correction of any errors, omissions or ambiguities due to the ENGINEER'S negligence which may occur either during prosecution or after acceptance by the LPA. Shoul N any damage to persons or property result from the ENGINEER's error, omission or negligent act, the ENGINEER shall indemnify aD the LPA, the STATE and their employees from all accrued claims or liability and assume all restitution and repair costs arising from q such negligence. The ENGINEER shall give immediate attention to any remedial changes so there will be minimal delay to the (n contractor and prepare such data as necessary to effectuate corrections, in consultation with and without further compensation fror c the LPA. r 9. co That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LPA. Q 10. The undersigned certifies neither the ENGINEER nor I have: a) employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (oth( than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT; E t v �a b) agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or Q person in connection with carrying out the AGREEMENT or Page 2 of 9 BLR 05611 (Rev. 11109/17) Printed on 7/28/2020 11:16:55 AM Packet Pg. 54 9.A.f c) paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. d) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; e) have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; f) are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (e) of this certification; and g) have not within a three-year period preceding this AGREEMENT had one or more public transactions (Federal, State or local terminated for cause or default. 11. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA 12. To submit all invoices to the LPA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 13. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the work called for in the AGREEMENT. 14. To be prequalified with the STATE in Construction Inspection when the ENGINEER or the ENGINEER's assigned staff is named a: resident construction supervisor. The onsite resident construction supervisor shall have a valid Documentation of Contract Quantities certification. 15. Will provide, as required, project inspectors that have a valid Documentation of Contract Quantities certification. II. THE LPA AGREES, 1. To furnish a full time LPA employee to be In Responsible Charge authorized to administer inherently governmental PROJECT activities. 2. To furnish the necessary plans and specifications. 3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services. 4. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee Formulas ® FF = 14.5%[DL + R(DL) + OH(DL) + IHDC], or ❑ FF = 14.5%[(2.3 + R)DL + IHDC] Where: DL = Direct Labor IHDC = In House Direct Costs OH = Consultant Firm's Actual Overhead Factor R = Complexity Factor FF=Fixed Fee SBO = Services by Others Total Compensation = DL +IHDC+OH+FF+SBO Specific Rate ❑ (Pay per element) Lump Sum ❑ 5. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: rn M 0 N 0 N W Page 3 of 9 BLR 05611 (Rev. 11109/17) Printed on 7/28/2020 11:16:55 AM Packet Pg. 55 9.A.f ❑ With Retainage a) For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal tc 90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment — Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports hav been made and accepted by the LPA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ® Without Retainage a) For progressive payments — Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the valu, of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment — Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports hav been made and accepted by the LPA and STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEEI The recipient shall not discriminate on the basis on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT - assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). 7. To submit approved form BC 775 (Exhibit C) and BC 776 (Exhibit D) with this AGREEMENT. rn M 8. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the Local Government Professional Services Selection Act 50 ILCS 510, the Brooks Act 40USC 11, and Procurement, Management, and N Administration of Engineering and Design related Services (23 CFR part 172). Exhibit C is required to be completed with this � agreement. �- 0 N III. It is Mutually Agreed, N 1. That the ENGINEER and the ENGINEER's subcontractors will maintain all books, documents, papers, accounting records and o other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT, for inspection by the W STATE, Federal Highway Administration or any authorized representatives of the federal government and copies thereof shall be o furnished if requested. W 2. That all services are to be furnished as required by construction progress and as determined by the LPA employee In Responsible m Charge. The ENGINEER shall complete all services specified herein within a time considered reasonable to the LPA, after the u_ CONTRACTOR has completed the construction contract. 3. That all field notes, test records and reports shall be turned over to and become the property of the LPA and that during the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the N documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the aD ENGINEER's expense. 4. That this AGREEMENT may be terminated by the LPA upon written notice to the ENGINEER, at the ENGINEER's last known c address, with the understanding that should the AGREEMENT be terminated by the LPA, the ENGINEER shall be paid for any 7 services completed and any services partially completed. The percentage of the total services which have been rendered by the M ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section II shall b Q multiplied by this percentage and added to the ENGINEER's actual costs to obtain the earned value of work performed. All field = notes, test records and reports completed or partially completed at the time of termination shall become the property of, and be 0 delivered to, the LPA. c d 5. That any differences between the ENGINEER and the LPA concerning the interpretation of the provisions of this AGREEMENT t shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member U appointed by the LPA, and a third member appointed by the two other members for disposition and that the committee's decision shall be final. Q Page 4 of 9 BLR 05611 (Rev. 11109/17) Printed on 7/28/2020 11:16:55 AM Packet Pg. 56 9.A.f 6. That in the event the engineering and inspection services to be furnished and performed by the LPA (including personnel furnished by the ENGINEER) shall, in the opinion of the STATE be incompetent or inadequate, the STATE shall have the right to supplemen` the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LPA. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the contractor's safety precautions, except as provided in numbered paragraph 1f of Section I. 8. This certification is required by the Drug Free Workplace Act (301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any propert or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract or grant and debarment of contracting or grant opportunities with the State for at least one (1) year but no more than five (5) years. For the purpose of this certification, "grantee" or "contractor" means a corporation, partnership or other entity with twenty-five (25) c more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will (A) abide by the terms of the statement; and E (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace 0 H no later than five (5) days after such conviction. rn M (b) Establishing a drug free awareness program to inform employees about: c N (1) the dangers of drug abuse in the workplace; O N W (2) the grantee's or contractor's policy of maintaining a drug free workplace; N (3) any available drug counseling, rehabilitation and employee assistance program; and 00 C1 ti 0 (4) the penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance ca o of the contract or grant and to post the statement in a prominent place in the workplace. W J m (d) Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction Q (e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is convicted, as required by section S of the Drug Free Workplace Act. N (f) Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is d M required and indicating that a trained referral team is in place. Co (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Fre rn Workplace Act. Co 9. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this = AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT -assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result i the termination this AGREEMENT or such other remedy as the LPA deems appropriate. E 10. When the ENGINEER is requested to complete work outside the scope of the original AGREEMENT, a supplemental AGREEMEN t will be required. Supplements will also be required for the addition or removal of subconsultants, direct costs, the use of previously Q unspecified staff, and other material changes to the original AGREEMENT. Page 5 of 9 BLR 05611 (Rev. 11109/17) Printed on 7/28/2020 11:16:55 AM Packet Pg. 57 9.A.f Agreement Summary Prime Consultant: TIN Number A reement Amount Gewalt Hamilton Associates, Inc. 36-3426053 $618,815.00 Sub -Consultants: TIN Number Agreement Amount Soils and Material Consultatns 36-3094075 $12,210.00 Sub -Consultant Total: $12,210.00 Prime Consultant Total: $618,815.00 Total for all Work: $631,025.00 Executed by the LPA: ATTEST: Village of Buffalo Grove (Municipal ity/Township/County) By: By: C N a Clerk Title: O t H (SEAL) M O N O N Executed by the ENGINEER: Gewalt Hamilton Associates, Inc N ATTEST: 00 N ti O By: By: LO 0 Title: Title: M Page 6 of 9 BLR 05611 (Rev. 11109/17) Printed on 7/28/2020 11:16:55 AM Packet Pg. 58 uAmApuea8 19 uosdwo4l : 6I-OZOZ-H) OZ-8Z-LO 6ON U-18 l=I`d2I4 - Z OBBIS 60VS3 VHJ :;uauayoellV Olr N r C r r 2 H z O 2 T cc T M N N � W G T N It T LO "' Z M N W L f1 LL Z woo o O (n z a R aaa w J a F- Q . z U O U LV z w 2 w J wam z w R �2 C. LL It IL r N M N N N O O N� (14 N CN r r r n LO r r N N N N O O O r N_ N_ 'IT LO LO IO r N 0 rn N FIRM NAME PRIME/SUPPLEMENT PTB-ITEM # PAYROLL RATES Gewalt Hamilton Assock DATE 1 0 ESCALATION FACTOR Note: Rates should be capped on the A VG 1 tab as necessary 4.29% IDOT CLASSIFICATION PAYROLL RATES CALCULATED RATE ON FILE Advising Principal $35.50 $37.02 Principal $70.00 $73.00 CE VI $70.00 $73.00 CE V $67.65 $70.55 CE IV $57.00 $59.45 CE III $44.50 $46.41 CE II $33.15 $34.57 CE I $26.68 $27.82 LS IV $48.13 $50.20 LS II $37.69 $39.31 GISP III $55.00 $57.36 EC II $31.40 $32.75 ETV $58.98 $61.51 ET IV $37.58 $39.19 ET III $30.20 $31.50 ET II $27.25 $28.42 ET I $20.59 $21.47 AD I $23.50 $24.51 9.A.f Bureau of Design and Environment Prepared By: Consultant 07/17/20 Printed 7/17/2020 6:10 AM Page 1 of 1 BIDE 3608 Template (Rev. 10/19/17) Packet Pg. 60 N W U I.L W N W L 0 J W _X co LL O N V J LL ap ~ W O CQ _C W F— U) O U uAmApuea8 19 uosdwo4l : 6C-OZOZ-H) OZ-8Z-LO 6090 U-19 l=I`d214 - Z OBBIS 60VS3 VHJ :;uauayOellV w O H LL H w w = J a w O U O H z LU m W J a 0. 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Dmsolmm COMPANY NAME: Gewalt Hamilton Associates PTB NUMBER: TODAY'S DATE: Per Diem (per GOVERNOR'S TRAVEL CONTROL BOARD) Lodging (per GOVERNOR'S TRAVEL CONTROL BOARD) Lodging Taxes and Fees (per GOVERNOR'S TRAVEL CONTROL BOARD) Vehicle Mileage (per GOVERNOR'S TRAVEL CONTROLBOARD) Vehicle Owned or Leased Vehicle Rental Tolls Parking Overtime Shift Differential Overnight Delivery/Postage/Courier Service Copies of Deliverables/Mylars (In-house) Copies of Deliverables/Mylars (Outside) Project Specific Insurance Monuments (Permanent) Photo Processing 2-Way Radio (Survey or Phase III Only) Telephone Usage (Traffic System Monitoring Only) CADD Web Site Advertisements Public Meeting Facility Rental Public Meeting Exhibits/Renderings & Equipment Up to state rate maximum Actual cost (Up to state rate maximum) Actual cost Coach rate, actual cost, requires minimum two weE with prior IDOT approval Up to state rate maximum $32.50/half day (4 hours or less) or $65/full day Actual cost (Up to $55/day) Actual cost Actual cost Premium portion (Submit supporting documentatio Actual cost (Based on firm's policy) Actual cost (Submit supporting documentation) Actual cost (Submit supporting documentation) Actual cost (Submit supporting documentation) Actual cost Actual cost Actual cost Actual cost Actual cost Actual cost (Max $15/hour) Actual cost (Submit supporting documentation) Actual cost (Submit supporting documentation) Actual cost (Submit supporting documentation) Actual cost (Submit supporting documentation) 9.A.f Illinois Department of Transportation Prime Consultant Name Gewalt Hamilton Associates Address 625 Forest Edge Drive Telephone 847.478.9700 TIN Number Project Information Local Agency Section Number Project Number Job Number Village of Buffalo Grove 16-00106-02-RS PR6D(061) C-91-091-20 Engineering Payment Repo — (Submit with Final Invoic This form is to verify the amount paid to the Sub -consultant on the above captioned contract. Under penalty of law for perjury or falsification, the undersigned certifies that work was executed by the Sub -consultant for the amount listed below Signature and title of Prime Consultant Date rn M O N O N W Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the C9 statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above. t For information about IDOTs collection and use of confidential information review the department's Identity Protection Policy. Q Page 8 of 9 BLR 05611 (Rev. 11/09/17) Printed on 7/28/2020 11:16:55 AM Packet Pg. 66 9.A.f Local Public Agency Section Number Project Number Job Number Exhibit C Federal Qualification Based Selection (QBS) Checklist Village of Buffalo Grove 16-00106-02-RS PR6D(061) C-91-091-20 The LPA must complete Exhibit C, if federal funds are used for this engineering agreement and the value will exceed $25,000. The LPA must follow federal small purchase procedures, if federal funds are used and the engineering agreement has a value less than $25,000. ❑ Form Not Applicable (engineering services less than $25,000) 1. Do the written QBS policies and procedures discuss the initial administration (procurement, management, and administration) concerning engineering and design related consultant services? ® Yes ❑ No 2. Do the written QBS policies and procedures follow the requirements as outlined in Section 5-5 and specifically Section 5-5.06(e) of the BLRS Manual? ® Yes ❑ No If no, IDOT's approval date: 3. Was the scope of services for this project clearly defined? ® Yes ❑ No 4. Was public notice given for this project? ❑ Yes ❑ No Due date of submittal: Method(s) used for advertisement and dates of advertisement: 5. Do the written QBS policies and procedures cover conflicts of interest? ® Yes ❑ No 6. Do the written QBS policies and procedures use covered methods of verification for suspension and debarment? ® Yes ❑ No 7. Do the written QBS policies and procedures discuss the method of evaluation? ❑ Yes ❑ No Criteria for this project Weighting Criteria for this project Weighting Services 20 % Qualifications and Experience 20% References and Resumes 10 % Affiliations and Accredidations 10% Local Office and Area Knowledge 15 % Past Performance 15% Ability to Perform Multiple Func. 10 % % 8. Do the written QBS policies and procedures discuss the method of selection? ® Yes ❑ No Selection committee (titles) for this project: Vilage Engineer, Director of Public Works, Civil Engineer II Top three consultants selected for this project in order: 1) Gewalt Hamilton and Associates 2) Civiltech 3) BLA If less than 3 responses were received, IDOT's approval date: 9. Was an estimated cost of engineering for this project developed in-house prior to contract negotiation? ® Yes ❑ No 10. Were negotiations for this project performed in accordance with federal requirements? ® Yes ❑ No 11. Were acceptable costs for this project verified? ® Yes ❑ No ❑ LPA will rely on IDOT review and approval of costs. 12. Do the written QBS policies and procedures cover review and approving for payment, before forwarding the request for reimbursement to IDOT for further review and approval? ® Yes ❑ No 13. Do the written QBS policies and procedures cover ongoing and finalizing administration of the project (monitoring, evaluation, closing -out a contract, record retention, responsibility, remedies to violations or breaches to a contract, and resolution of disputes)? ® Yes ❑ No rn M 0 N 0 N W 0 N 00 N ti 0 LO 0 J m H U- 0 N G1 �a C0 rn 0 r (0 U Q x C9 c a� E t U �a Q Page 9 of 9 BLR 05611 (Rev. 11/09/17) Printed on 7/17/2020 5:58:01 AM Packet Pg. 67 9,A,f CERTIFICATE OF PUBLICATION Paddock Publications, Inc. D*14et9d Corporation organized and existing under and by virtue of the laws of the State of Illinois, DOES HEREBY CERTIFY that it is the publisher of the DAILY HERALD. That said DAILY HERALD is a secular newspaper and has been circulated daily in the Village(s) of Ala. q. in Ant och, Arlington He, ,ghts., Auro,ra:,..B.arington,,............................................... it rgtrrgt;cata ll,llw, 1, wtic13rlllArl trMr�wl m th, llrlalgic Ml:�."��w.rt a..Ba rNw�?f 91:1 l3arkle�t Batavla� �3uff�lp drove, Ral,rl�l�gtpn,.,C'amFtcrn_Halls,� w Qlrpa►ltgnyDq CAr-y ! rTrrln l arst Llu.&m I Ihu,rril..l.gtll � Ik C lcly i llmlaac, Clr V aly w. wllx RiV t (,tr¢)ve"Crc�rlrM:w'il�... ttl grts;,, ,rst yl rl , r n Oakr L x.cl tl lainesviltl»,.1_ llalov .l'rr9al"�I mthorn ?'clrld , I®lof niaglwl_ tat,cs Mh tale ,j �e-i M vy Island.l.ake,Kilrleer, I like Villa, I al e in the Hllis, Lake Zurich l ilar,l_tyvrlll 1,inco9rishire,_(_q.ndc.iihtwryt, l_ ngt We row ..._.w......._ l rlrrtla,l_ tll,i �tlilt� tc I I;G> l gcwt Ic lgllts..R allg Mr,yl�,exr�a��.l �tltttcl l..rllil �.. Round l 4t „l) 11a,1ficrlrr d,l...wl e Ilr.lgitt ,Rllllnd L e�arlll� a lr tlllnlarr:?gz leap..11o➢lyy,,St_(Wkrltic,.tl,cltIcactd,,l;elelrlMllkrr r.tr>n I)i�,...... K0L10 ,.. gk)-gclarla, l*tc eltrt ;,_ c t_l t lrrll,c,_'a tlalryl ll l,, ltgal f rc v+::......._ North, Aurora ,.,Glenview County(ies) of Gc�p1c:,..,K,ane, I; ake,,wlilci4,erll,y _ and State of Illinois, continuously for more than one year prior to the date of the first publication of the notice hereinafter referred to and is of general circulation throughout said Village(s), County(ies) and State. I further certify that the DAILY HERALD is a newspaper as defined in, "an Act to revise the law in relation to notices" as amended in 1992 v Illinois Compiled Statutes, Chapter 715, Act 5, Section 1 and 5. That a N notice of which the annexed printed slip is a true copy, was published N in said DAILY HERALD. I- Q IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS, Inc., has caused this certificate to be signed by, this authorized agent, at Arlington Heights, Illinois. PADDOCK PUBLICATIONS, INC. DAILY HERALD NEWSPAPERS BY......_... j ......... .. Authorized Agent e Control # 4,4,8,0,7,2,9 Packet Pg. 68 SCOPE OF SERVICES Phase III Construction Engineering Services Brandywyn Lane and Thompson Boulevard Improvements — Stage 2 Section 16-00106-02-RS Project No. PR6D(061) Job No. C-91-091-20 Village of Buffalo Grove GHA Proposal No. 2019.CS109 — Stage 2 IPI JI:..:.GT U IN IDI:..:.IRSTAIN D11I 0 GEWALT HAMEF lASSOCIATES, INC. CONSULTING 625 ForestEdge Drive, Vernon stills, IL 60061. `I EL 847.47&9700 N Fax 847,478.9701 www.gha-engincers.com It is our understanding that the Village of Buffalo Grove proposes the reconstruction of Thompson Boulevard between Buffalo Grove Road and Weiland Road and the reconstruction of Brandywyn Lane between Aptakisic Road and approximately 130 feet east of Birchwood Lane (station 369+30), and the resurfacing of Brandywyn Lane between approximately 130 feet east of Birchwood Lane (station 369+30) and Prairie Road. Thompson Boulevard's functional classification is designated as a Collector and Brandywyn Lane's functional classification is designated as a Minor Collector in the Village of Buffalo Grove. There is curb and gutter along the project limits, and drainage is accommodated by an enclosed system. Pedestrian accommodations include existing sidewalk on both sides of each Thompson Boulevard and Brandywyn Lane. Other improvements will include ADA upgrades at the intersections. The project will be administered and awarded through the Illinois Department of Transportation's (IDOT). As Surface Transportation Program (STP) funds will be utilized for construction, the project will follow IDOT procedures for Federal Aid Projects. Thus, the Village of Buffalo Grove has entered into Intergovernmental Agreement with IDOT to 0 monitor the utilization of the STP funds for completion of the project. This project is anticipated to be on the November N 6, 2020 IDOT letting, and as a result, will most likely commence construction at the beginning of 2021. W CONSTRUCTION IEINGIIINIEIEIRIIING SERVICES It is our practice to adhere to construction industry standards and insist on compliance with the project plans and specifications in an effort to efficiently produce a quality project. As such, Construction Engineering Services will be performed in accordance with the services outlined in the Request for Qualifications, as well as Illinois Department of Transportation standard procedures including, but not limited to, the following: 1. GHA will oversee a scheduled pre -construction meeting with project stakeholders prior to the start of construction and provide the meeting attendees with a summary in the form of Minutes for their records. 2. Prior to construction commencement, GHA will utilize measures outlined in our Public Relations Plan to determine impacts on schools, local businesses, places of worship, parks, and other local projects. We will include the Village, Village Hall, Public Works Department(s), School District(s), utility companies, and permitting agencies as members of our project communications team to collaborate and determine the best methods for identifying, reaching, and maintaining relationships with the project stakeholders. Once communications plan is established, GHA will continue to coordinate and communicate with stakeholders using resident letters, project flyers and newsletters as requested to ensure they are properly and consistently informed of the project's progress. 3. GHA will review drawings, diagrams, illustrations, brochures, catalog cuts, shop drawings, project schedules, and other data which the contractor is required to submit for conformance with the design concept and compliance with the contract documents. Packet Pg. 69 9.A.f 4. GHA will provide geometric control and construction layout verification by making random checks to the Contractor's staking to determine if the work is in general conformance with the plans. If an error is found, we will immediately notify the Contractor to make the appropriate changes prior to construction. In addition, our survey crew will also provide before and after measurements and cross sections for applicable pay items. 5. GHA will provide full-time construction observation of the necessary construction operations and processes to ensure all materials and procedures are in conformance with the contract documents. We will utilize IDOT's web -based system known as the Construction and Materials Management System (CMMS). This system will provide a computerized version of a Daily Diary, Weekly Reports, Daily Quantities, Quantity Book, Pay Estimates, Authorizations, and numerous other reports. We will measure, record, and provide source documentation daily for all quantities for which payment will be made, and we will adhere to general IDOT requirements regarding inspection rates, including, but not limited to, depth checks, yield requirements, and material weight ticket collection to help facilitate a timely project closeout. We will also work with the IDOT documentation auditors and reviewers as necessary to ensure the required records are provided. GHA will keep a project box on site, including all the necessary up-to-date documentation in accordance with standard procedures and IDOT's Documentation of Contract Quantities guide. 6. 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 that may affect the budget. In addition, our 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. 7. GHA will make observations of the utility marks provided by the J.U.L.I.E. system and address potential conflicts with the contractor. M 8. GHA will schedule and moderate project progress meetings with the Village and Contractor(s) and provide a attendees with a summary in the form of Minutes for their records. W 9. GHA will coordinate with Village of Buffalo Grove staff for quality assurance testing for the HMA and concrete. N Our subconsultant, Soils and Materials Consultants, will administer the quality assurance testing for the field N and laboratory requirements regarding soils and aggregate quality. We will confirm and document that all the ti materials used on the site meet or exceed the quality requirements of the contract and IDOT-issued Project Procedures Guide. 10. GHA will perform daily traffic control inspections in addition to those required weekly and bi-monthly during night hours, and respectively submit deficient remarks to the Contractor with appropriate corrections requested. 11. 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. 12. GHA will prepare monthly pay requests for the Village's review and provide the required documentation and correspondence for the Village of Buffalo Grove to submit to IDOT. 13. GHA will schedule a final walk-through upon project completion with the Village of Buffalo Grove representatives to generate a punch list of deficiencies. 14. GHA will keep current as-builts as the work is performed. We will annotate by hand all revisions, substitutions, variations, and omissions made or discovered during construction. Upon project completion, GHA will provide the Village of Buffalo Grove with hard copies and an electronic copy of the record drawing plan set. 15. GHA will coordinate contract closeout procedures with the Contractor and IDOT to ensure an expedient and productive closeout. Packet Pg. 70 ATTACHMENT A TO GEWALT HAMILTON ASSOCIATES, INC. PROFESSIONAL SERVICES AGREEMENT 1. Standard of Care. The services provided by Gewalt Hamilton Associates, Inc., (GHA) under this Agreement will be reasonal performed consistent with the generally accepted standard of care for the Scope of Basic Services called for herein at the time when and i place where the services are provided. GHA will use reasonable care to comply with applicable codes and laws in effect at the time services are provided. 2. Duration of Proposal. The terms of this Agreement are subject to renegotiation if not accepted within 60 calendar days of 1 date indicated on this Agreement. Requests for extension beyond 60 calendar days shall be made in writing prior to the expiration date. T fees and terms of this Agreement shall remain in full force and effect for one year from the date of acceptance of this Agreement, and shall subject to revision at that time, or any time thereafter if GHA gives written notice to the other party at least 60 calendar days prior to i requested date of revision. In the event that the parties fail to agree on the new rates or other revisions, either party may terminate f Agreement as provided for herein. 3. Client Information. Client shall provide GHA will all project criteria and full information for its Scope of Basic Services. GI may rely, without liability, on the accuracy and completeness of the information Client provides, including that of its other consultar contractors and subcontractors, without independently verifying that information. 4. Payment. Payments are due within 30 calendar days after a statement is rendered. Statements not paid within 60 calendar days the end of the calendar month when the statement is rendered will bear interest at the rate of one percent (1.0%) per month until paid. T provision for the payment of interest shall not be construed as authorization to pay late. Failure of the Client to make payments when c shall, in GHA's sole discretion, be cause for suspension of services without breach or termination of this agreement. Upon notification GHA of suspension of services, Client shall pay in full all outstanding invoices within 7 calendar days. Client's failure to make such paymi to GHA shall constitute a material breach of the Agreement and shall be cause for termination by GHA. GHA shall be entitled reimbursement of all costs actually incurred by GHA in collecting overdue accounts under this Agreement, including, without limitatio_ attorney's fees and costs. GHA shall have no liability for any claims or damages arising from either suspension or termination of t] Agreement due to Client's breach The Client's obligation to pay for GHA's services is in no way dependent upon the Client's ability obtain financing, rezoning, payment from a third party, approval of governmental or regulatory agencies or the Client's completion of 1 project. 5. Instruments of Service. The Client acknowledges GHA's plans and specifications, including field data, notes, calculations, a p all documents or electronic data, are instruments of service. GHA shall retain ownership rights over all original documents and instrume of service. All instruments of service provided by GHA shall be reviewed by Client within 10 calendar days of receipt. Any deficienci errors, or omissions the Client discovers during this period will be reported to GHA and will be corrected as part of GHA's Basic Servic c? Failure to provide such notice shall constitute a waiver. The Client shall not reuse or make, or permit to be made, any modifications to 1 N instruments of service without the prior written authorization of GHA. The Client waives all claims against GHA arising from any reuse N modification of the instruments of service not authorized by GHA. The Client agrees, to the fullest extent permitted by law, to defend a indemnify and hold GHA harmless from any liability, damage, or cost, including attorneys' fees, arising from the unauthorized reuse e modification of the instruments of service by any person or entity. The parties agree that if elements of the Scope of Basic Services identifi C! in this Agreement are reduced and/or eliminated by Client, then Client waives, releases and holds GHA harmless from all claims a N damages arising from those reduced and/or eliminated services. If GHA's Scope of Basic Services does not include constructs c administration phase services, Client assumes responsibility for interpretation of the instruments of service and construction observation, a waives all claims against GHA for any act, omission or event connected thereto. Unless included in GHA's Scope of Basic Services, GI W shall not be liable for coordination with of the services of Client's other design professionals. e 6. Electronic Files. The Client acknowledges that differences may exist between the electronic files delivered and the prim O� instruments of service. In the event of a conflict between the signed / sealed printed instruments of service prepared by GHA and I m electronic files, the signed / sealed instruments of service shall control. GHA's electronic files shall be prepared in the current software GI LL uses and will follow GHA's standard formatting unless the Scope of Basic Services requires otherwise. Client accepts that GHA makes warranty that its software will be compatible with other systems or software. p 7. Applicable Codes. The Client acknowledges that applicable laws, codes and regulations may be subject to various, and possil N contradictory, interpretations. Client accepts that GHA does not warrant or guarantee that the Client's project will comply with interpretatic y of applicable laws, codes, and regulations as they may be interpreted to the project. Client agrees that GHA shall not be responsible for a& project costs, delay damages, or schedule changes arising from unreasonable or unexpected interpretations of the laws, codes, or regulatic (1) applied to the project, nor for changes required by the permitting authorities due to changes in the law that became effective after completi c of GHA's instruments of service. Client shall compensate GHA for additional fees required to revise the instruments of service to coml with such interpretations. Client shall also compensate GHA for additional fees required to revise the instruments of service if Client chant V the project scope after GHA's completes its instruments of service. Q 8. Utilities and Soils. When the instruments of service include information pertaining to the location of underground utility facilit or soils, such information represents only the opinion of the engineer as to the possible locations. This information may be obtained frc }; visible surface evidence, utility company records or soil borings performed by others, and is not represented to be the exact location or nan of these utilities or soils in the field. Client agrees that GHA may reasonably rely on the accuracy and completeness of information furnish E by third parties respecting utilities, underground conditions and soils without performing any independent verification. Contractor is soli u responsible for utility locations, their markings in the field and their placement on the plans based on information they provided. Client agrf GHA is not liable for damages resulting from utility conflicts, mistaken utility locates, unfavorable soils, and concealed or unforest Q conditions, including but not limited to added construction costs and/or project delays. If the Client wishes to obtain the services o contractor to provide test holes and exact utility locations, GHA may incorporate that information into the design and reasonably rely upon If not included in the Scope of Basic Services, such work will be compensated as additional services. Attachment A, July, 2018 Page I of 2 1 Packet Pg. 71 9. Opinion of Probable Construction Costs. GHA's Scope of Basic Services may include the preparation of an 9•A.f probable construction costs. Client acknowledges that GHA has no control over the costs of labor, materials, or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions. Opinions of probable costs, shall be made the basis of experience and qualifications applied to the project scope contemplated by this Agreement as well as information provided Client (the accuracy and completeness of which GHA may rely upon), and represent GHA's reasonable judgment. Client accepts that GI does not guarantee or warrant that proposals, bids, or the actual construction costs will not vary from opinions of probable cost prepared the Client. GHA shall not be liable for cost differentials between the bid and/or actual costs and GHA's opinion of probable constructi costs. Client agrees it shall employ an independent cost estimator if, based on its sole determination, it wants more certainty respecti t construction costs, 10. Contractor's Work. Client agrees that GHA does not have control or charge of and is not responsible for construction mea methods, techniques, sequences or procedures, or for site or worker safety measures and programs including enforcement of Federal, St; LL and local safety requirements, in connection with construction work performed by the Client or the Client's construction contractors. GHA not responsible for the supervision and coordination of Client's construction contractors, subcontractors, materialmen, fabricators, erecte operators, suppliers, or any of their employees, agents and representatives of such workers, or responsible for any machinery, constiuctLL equipment, or tools used and employed by contractors and subcontractors. GHA has no authority or right to stop the work. GHA may i N direct or instruct the construction work in any regard. In no event shall GHA be liable for the acts or omissions of Client's constructi u contractors, subcontractors, materialmen, fabricators, erectors, operators or suppliers, or any persons or entities performing any of the wo or for failure of any of them to carry out their work as called for by the Construction Documents. The Client agrees that the Contractor c solely responsible for jobsite and worker safety and warrants that this intent shall be included in the Client's agreement with all prii ) contractors. The Client agrees that GHA and GHA's personnel and consultants (if any) shall be defended/indemnified by the Contractor �. all claims asserted against GHA which arise out of the Contractor's or its subcontractors' negligence, errors or omissions in the performar of their work, and shall also be named as an additional insured on the Contractor's and subcontractors' general liability insurance polil r Client warrants that this intent shall be included in the Client's agreement with all prime contractors. If the responsible prime contracto agreement fails to comply with the Client's intent then the Client agrees to assume the duty to defend and indemnify GHA for claims arisi 08 out of the Contractor's or subcontractors' negligence, errors or omissions in the performance of their work. _ 11. Contractor Submittals. Shop drawing and submittal reviews by GHA shall apply only to the items in the submissions tl y concern GHA's scope of Basic Services and only for the purpose of assessing if, upon successful incorporation in the project, they � a generally consistent with the GHA's Instruments of Service. Client agrees that the Contractor is solely responsible for the submissions a p for compliance with the Instruments of Service. Owner agrees that GHA's review and action in relation to the submissions does not constiti the provision of means, methods, techniques, sequencing or procedures of construction or extend to jobsite or worker safety. GHY consideration of a component does not constitute acceptance of an assembled item. c? 12. Hazardous Materials. Client agrees that GHA has no responsibility or liability for any hazardous or toxic materi� N contaminants or pollutants. N 13. Record Drawings. If required by the Scope of Basic Services, record drawings will be prepared which may include unverifi information compiled and furnished by others, the accuracy and completeness of which GHA may reasonably rely upon. Client accepts tl e GHA shall not verify the information provided to it and agrees GHA will not be responsible for any errors or omissions in the rec< C! 00 drawings due to incorrect or incomplete information furnished by others to GHA. N 14. Disputes. Client agrees to limit GHA's total aggregate liability to the Client for GHA's alleged acts, errors or omissions c $50,000 or the amount of GHA's paid fees for its services on the project, whichever is greater. GHA's liability to Client shall be limited twelve months from the last invoice submitted to Client by GHA, regardless of payment by Client. GHA makes no guarantees or warranti W either expressed or implied, including any warranty of habitability or fitness for a particular purpose. The parties agree to waive all clan o against the other for any and all consequential damages, including attorneys' fees. The parties agree to waive against each other all rights a claims otherwise covered by property insurance, by builder's risk insurance or by all risk insurance, including but not limited to subrogati m rights regardless of whether the claims arise during or post -construction and regardless of final payment to GHA.Um All disputes arising out of or relating to this Agreement shall first be negotiated between the parties. If unresolved, the dispute sh Q be submitted to mediation as a condition precedent to litigation. Mediation shall take place in Chicago, Illinois unless the Client and GI p mutually agree otherwise. The fees and costs of the mediator shall be apportioned equally between the parties. If mediation is unsuccessf N litigation shall be the form of dispute resolution and shall be filed in the jurisdiction where the project was pending. The controlling law sh y be the law of the jurisdiction where the project was located. Client agrees that all causes of action under this Agreement shall be deemed have accrued and all statutory limitations periods shall commence no later than the date of GHA's services being substantially complete Client agrees that any claim against GHA arising out of this Agreement shall be asserted only against the entity and not against GH/ c owners, officers, directors, shareholders, or employees, none of whom shall bear any liability and may not be subject to any claim. 15. Miscellaneous. Either Client or GHA may terminate this Agreement without penalty at any time with or without cause by give V the other party ten (10) calendar days prior written notice. The Client shall, within thirty (30) calendar days of termination pay GHA for Q services rendered and all costs incurred up to the date of termination in accordance with compensation provisions of this Agreement. Clip 0 shall not assign this Agreement without GHA's prior written consent. There are no third -party beneficiaries to this Agreement. }; Attachment A, July, 2018 Page 2 of 2 1 Packet Pg. 72 9.A.f r�� so�L aria �aT��aL car�suLrar�rs, �r�c. Mr. Todd Gordon, P.E. Gewalt Hamilton Associates, Inc. 625 Forest Edge Drive Vernon Hills, IL 60031 Dear Mr. Gordon: Office: 847-870-0544 Fax: 847-870-0661 us@soilandmaterialconsultants.com www.soilandmaterialconsultants.com July 16, 2020 Proposal No. 18,465 Re: Soil and Construction Material Testing FAU 3260 & FAU 2060 Buffalo Grove, Illinois Submitted for your consideration is our proposal to provide soil and construction material testing on a will -call basis initiated by your office or representative. We understand the testing requirements of the IDOT QC/QA program are applicable. We propose to be the QA project manager and provide QA jobsite testing. IDOT is to provide QA plant testing. Attached is our Schedule of Fees for anticipated services. Note that hourly rates are inclusive of mileage and equipment charges. Based on available information and our experience on similar projects, we estimate a charge of $12,210.00 may be incurred for the anticipated services. Actual N billing will be on a unit price basis and you will only be billed for those services actually provided. N Final billing may be less than or greater than the estimated charge. Requests for services not included within the scope of this proposal will be provided at our established unit prices. o Thank you for the opportunity of submitting this proposal, which includes the attached General Conditions. If acceptable, please sign and return one copy to our office. Further, please include applicable plans and specifications, if not already submitted. Proposal Accepted Bv: Client Street Town Phone ( ) Signature Printed Name Very truly yours, SOIL AND MATERIAL CONSULTANTS, INC. Reid T. Steinbach, P.E. Director of Engineering E-Mail Address State Zip Code Position Date 8 W. COLLEGE DR. tu, SUITE C ova ARLINGTON HEIGHTS, IL 60004 SOIL BORINGS 0 SITE INVESTIGATIONS No PAVEMENT INVESTIGATIONS 0 GEOTECHNICAL ENGI TESTING OF 0 SOIL oo ASPHALT a CONCRETE e MORTAR * STEEL Packet Pg. 73 Proposal No. 18,465 Re: FAU 3260 & FAU 2060 Buffalo Grove, Illinois 9.A.f Page 2 SOIL AND MATERIAL CONSULTANTS, INC. SCHEDULE OF FEES Effective 1-1-20 BITUMINOUS CONCRETE Service Field Testing Technician with Nuclear Gauge Laboratory Testing Unit Weight— cores Engineering Senior Engineer (P.E.) - QA Project Manager, includes project administration, field/laboratory engineering, mix design review, consultation and report review Estimates: Item Estimated Units Fee 40 hours $ 86.00 /hour 344.00 /day min. 50 each $ 25.00 each 4 hours $ 140.00 /hour Cost $ 3,440.00 $ 1,250.00 $ 560.00 Estimated Cost: $ 5,250.00 Est. Contractor Tons Working Days Est. Days - 20% QA HMA Surface, N50 7,075 7.0 2.0 HMA Binder, N50 6,463 6.0 1.5 Leveling Binder N50 1,826 2.0 0.5 Class D Patches 2,319 4.0 1.0 Total: 17,683 19.0 5.0 Billing Notes: Hourly Charges: Portal To Portal Saturdays: Hourly Rate x 1.5 Weekdays over 8 hours/day: Hourly Rate x 1.5 Sundays: Hourly Rate x 2.0 Packet Pg. 74 Proposal No. 18,465 Re: FAU 3260 & FAU 2060 Buffalo Grove, Illinois 9.A.f Page 3 SOIL AND MATERIAL CONSULTANTS, INC. SCHEDULE OF FEES Effective 1-1-20 PORTLAND CEMENT CONCRETE Service Field Testing Technician - includes temperature, slump, air and cylinders Cylinder Pick-up Laboratory Testing Cylinder Compressive Strength Engineering Senior Engineer (P.E.) - QA Project Manager. includes project administration, field/laboratory engineering, mix design review, consultation and report review Estimates: Item Quantity Est. Work Units Fee Cost 56 hours $ 86.00 /hour $ 4,816.00 344.00 /day min. 8 hours $ 86.00 /hour $ 688.00 56 each $ 16.00 each $ 896.00 4 hours $ 140.00 /hour $ 560.00 Estimated Cost: $ 6,960.00 Est. Contractor CY Working Days Est. Days - 20% QA Cyls. PCC Combined C & G 25,877 Ft. 1,437 11 2.5 20 PCC Sidewalk 5" 52,001 Ft2 802 12 3.0 24 PCC Pavement 6" 1,992 Yd2 332 6 1.5 12 Concrete Median 6" 71 Ft2 5 -- -- -- Total: 2,576 29 7.0 56 Billing Notes: Hourly Charges: Portal To Portal Saturdays: Hourly Rate x 1.5 Weekdays over 8 hours/day: Hourly Rate x 1.5 Sundays: Hourly Rate x 2.0 Packet Pg. 75 9.A.f Proposal No. 18,465 Re: FAU 3260 & FAU 2060 Buffalo Grove, Illinois Page 4 Soil and Material Consultants, Inc. (SMC) scope of work defined in the proposal TERMS AND CONDITIONS11 was based on information provided by the client. If incomplete, inaccurate or if unexpected site conditions are discovered, the scope of work may change. GEOTECHNICAL INVESTIGATIONS TESTING SERVICES Client will furnish SMC with right -of -access to the site. SMC will take reasonable precautions to minimize site damage due to its operations, but has not included in the fee the cost of restoration of any resulting damage. SMC shall not be liable for damage or injury due to encountering subsurface structures (pipes, tanks, utilities or others) not called to SMC's attention in writing or are not correctly shown on the drawings furnished by client or client's representative. If the client desires, SMC will restore any damage to the site and add the cost of restoration to the fee. Field work, laboratory testing and engineering analysis will be performed in accordance with generally accepted soil and foundation engineering practices. Samples are retained in our laboratory for 30 days from date of report and then destroyed unless other disposition is requested. The data reported applies only to the soils sampled and the conditions encountered at each boring location. This does not imply or guarantee that soils between borings will be identical in character. Isolated inclusions of better or poorer soils can be found on any site. SMC will not be liable for extra work or other consequences due to changed conditions encountered between borings. Any exploration, testing and analysis associated with the investigation will be performed by SMC for the client's sole use to fulfill the purpose of this Agreement. SMC is not responsible for use or interpretation of the information by others. The client recognizes that subsurface conditions may vary from those encountered in borings or explorations. Information and recommendations developed by SMC are based solely on available information and for the currently proposed improvement. Client shall furnish SMC with at least one working day's notice on any part-time (less than 8 hours/day) job when field personnel are requested. SMC shall make reasonable effort to provide field personnel in a timely manner but reserves the right to schedule field personnel as deemed appropriate. Minimum charges will be billed when work cancellations are received after field personnel have left for the project site. SMC personnel will provide a professional service based on observations and testing of the work of a contractor, subcontractor, or other service/material provider, as specifically requested. SMC field personnel will look for general conformance with project specifications, plans and/or soil report but does not accept the responsibility to control or direct the work of others. Discrepancies noted by SMC office or field personnel will be referred to client or client's representative. Testing Services furnished by SMC are defined as the taking of soil and/or material tests at various locations and the making of visual observations relating to earthwork, foundations, and/or materials as specifically requested by the client and agreed to by SMC, and will be limited to those specifically agreed services. Such services will be performed by SMC using that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of the profession practicing in this or similar localities. Observations and testing of soils and/or materials by SMC in no way implies a guarantee or warranty of the work of the contractor, subcontractor, or other service/material provider. SMC's work or failure to perform same shall in no way excuse such contractor, subcontractor or other service/material provider from liability in the event of subsequently discovered defects, omissions, errors, deficiencies or failure to perform in accordance with the project plans and specifications. SMC field personnel shall not be responsible for superintendence of the construction process nor direction of the work of the contractor, subcontractor, or other service/material provider. SMC's work shall not include determining or implementing the means, methods, techniques, sequences or procedures of construction. SMC shall not be responsible for evaluating, reporting or affecting job conditions concerning health, safety or welfare. Documents including but not limited to technical reports, original boring logs, field data, field notes, laboratory test data, calculations, reports of inspection and testing, geotechnical reports, technical reports, submittals and estimates furnished to the client or its agents pursuant to this agreement are not intended or represented to be suitable for reuse by the client or others on extensions of this project or on any other project. Any reuse without SMC's written consent will be at user's sole risk and without liability or legal exposure to SMC. User shall indemnify and hold harmless SMC from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. To the maximum extent permitted by law, the Client agrees to limit SMC liability for clients' damages to $100,000 or the fee, whichever is lesser. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. Soil and Material Consultants, Inc. is a Professional Engineering Corporation. Engineering services are often completed by extension through technical staff. The unit rates presented in this proposal do not reflect charges associated with organized labor. Future agreements, if any, with organized labor will invalidate some of the unit rates presented. Required rate adjustments will be presented to the client for acceptance prior to providing services at the adjusted rates. Services are invoiced monthly for the preceding period. Client agrees to pay each invoice within thirty (30) days of receipt and further agrees to pay interest on all amounts not paid at the rate of 2.0% per month, an annual rate of 24%, from the due date. Client agrees to pay all reasonable costs of collection including staff time, court costs, Attorneys' fees and related expenses, if this account becomes delinquent. Client agrees that reports furnished to the client but not paid for in full remain the sole property of SMC and will not be used for design, construction, permits, licensing, sales or other gain. Packet Pg. 76 uAmApueaB ig uosdwoyl : 6£-OZOZ-H) OZ-8Z-LO 6090 11-18 1=IVZ]a - Z eBe3S 60VS3 VHJ :4u8uay3e;lV if H Z W 2 LU g a W a H CO T LL d a �lllllllllllllll. �IIIIIIIIIIII■I n n a d Y V a W a 00 O co co W in R, a uAmApueva ig uosdwoyl : 6£-OZOZ-H) OZ-8Z-LO 6090 MIS 1=IVZ]a - Z eBe3S 60VS3 VHJ :4u8uay3e;lV Q n ai a � U m o w V d Y V a w d O a C z o Q E N E �o O > LU a m m w o m C O) N N O 3 f6 N 3 0] W c O U o W WHZ O LLJ LL � LL W: o_ Z Z x a O � U o J LL CLp �W oQ L) " H � W H U O R L) ion o a 0 y IIIIIII�IIIIII� 1111111'ffffffl �ttttttt,ttttttl O d 9.A.g Illinois Department of Transportation Local Public Agency Resident Construction Supervisor/ In Responsible Charge Mr. Anthony Quigley County Lake Regional Engineer Municipality Buffalo Grove Department of Transportation Section 16-00106-02-RS 201 West Center Court Route Brandywyn & Thompson Schaumburg, Illinois 60196 Contract No. 61 G70 Job No. C-91-091-20 Project PR6D(061) ❑ I recommend the following individual as a local public agency employee qualified to be resident construction supervisor and to be in responsible charge of this construction project. ® I certify that I am in responsible charge as defined by the department of this construction project. Since the local public agency does not have a local public agency employee qualified to be the resident construction supervisor, I am recommending a consulting engineer to serve as resident construction supervisor. Date Signature and Title (for the Local Public Agency) Lucas Deferville Applicants Name (Type or Print) The following describes my educational background, experience and other qualifications to be resident construction supervisor of this construction project for the Local Public Agency. For Consultants: I certify that my firm is prequalified in Construction Inspection and my Documentation of Contract Quantities certificate number is 17-12335. Lucas has over 10 years experience in Construction Engineering, and he has served as field engineer for a variety of municipal, state, and private funded projects. He is responsible for managing all phases of the construction project including construction layout, construction observation, conformance with plans and specifications, schedule and budget adherence, materal inspection management, and extensive coordination between municipalities, residents, business owners, clients, and contractors. Lucas has a Bachelor of Science in Construction Management from Western Illinois University, 2005. Lucas has completed the following training courses: IDOT Documentation of Contract Quantities; IDOT Materials Management; IDOT ICORS Training; IDOT MISTIC Training; CPR and First Aid Certified; MUTCD Training; Certified Work Zone Safety Specialist Lake County Designated Erosion Control Inspector; and is eRailSafe Union Pacific/CN Railroad Workplace Safety Certified. Date Signature of Applicant Senior Construction Engineer Job Title of Applicant Based on the above information and my knowledge of the applicant's experience and training, it is my opinion that the applicant is qualified to serve as the resident construction supervisor on this construction project. Approved Date Regional Engineer cc: Engineer of Local Roads and Streets, Central Bureau of Local Roads and Streets Engineer of Construction, Central Bureau of Construction Resident Construction Supervisor Local Public Agency rn 0 N O N W Printed 7/20/2020 Page 1 of 2 BC 775 (Rev. 06/16/16) Packet Pg. 79 9.A.g Instructions for Preparation of Form BC 775 23 CFR 635.105 requires that the state transportation department (STD) has responsibility for the construction of all Federal - aid projects, and is not relieved of such responsibility by authorizing performance of the work by a local public agency or othe Federal agency. When a project is located on a street or highway over which the STD does not have legal jurisdiction, or when special conditions warrant, the STD, while not relieved of overall project responsibility, may arrange for the local public agency havin( jurisdiction over such street or highway to perform the work with its own forces or by contract. In those instances where a loco public agency elects to use consultants for construction engineering services, the local public agency shall provide a full-time employee of the agency to be in responsible charge of the project. The full-time local public agency employee in responsible charge of the project shall perform the following duties and functions: • Administer inherently governmental project activities, including those dealing with cost, time, adherence to contract � j requirements, construction quality and scope of projects; c • Maintain familiarity of day to day project operations, including project safety issues;' • Make or participate in decisions about changed conditions or scope changes that require change orders or supplemental agreements; • Visit and review the project on a frequency that is commensurate with the magnitude and complexity of the project; m • Review financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud 0 waste, and abuse; 0 • Direct project staff, agency or consultant, to carry out project administration and contract oversight, including proper Q. documentation; and E 0 • Aware of the qualifications, assignments and on-the-job performance of the agency and consultant staff at all stages of the project. rn The Department of Transportation, in accordance with the requirements, requires the local public agency to identify the local N public agency employee who will be in responsible charge of each Federal -Aid project which will be constructed under the N supervision of the county, municipality or other public agency. County Engineers, Municipal Engineers, and full-time local public agency employees registered as a professional engineer should be identified in the pre -construction meeting minutes. All other resident construction supervisors must submit their qualifications on this form for approval by the department. Resident construction supervisors who are consultants shall be certified in Documentation of Contract Quantities and their s' firm shall be prequalified in Construction Inspection. w This form will be completed by the applicant, endorsed by a representative of the local public agency, and submitted to the Deputy Director Division of Highways, Regional Engineer prior to the start of construction. This signatory for the local public agency should be the County Engineer or Municipal Engineer, as applicable. In the event a municipality does not have a Municipal Engineer, the applicant will be recommended by the appropriate municipal authority. If a consultant is named on this form, the approved form will be included as an attachment to the appropriate construction engineering consultant agreement. This document should be discussed as part of the preconstruction conference and a copy of the approved form retained with the preconstruction meeting minutes. Printed 7/20/2020 Page 2 of 2 BC 775 (Rev. 06/16/16) Packet Pg. 80 9.A.h Illinois Department of Transportation Mr. Anthony Quigley Regional Engineer Department of Transportation 201 West Center Court Schaumburg, Illinois 60196 Local Public Agency Construction Inspector County Lake Municipality Buffalo Grove Section 16-00106-02-RS Route Brandywyn & Thompson Contract No. 61 G70 Job No. C-91-091-20 Project PR6D(061) I consider the following individual to be qualified as a local public agency construction inspector. In addition, I certify the adequate instruction has been given this individual concerning the requirements of the contract, specifications ani construction manual which pertain to the work which he/she will inspect. This individual has been instructed on the prope procedures for any necessary tests. Furthermore, if a consultant, this individual has a valid Documentation of Contra( Quantities certification. Approved a Date Signature and Title of Resident Construction Supervisor m c Lucas Deferville a Applicants Name (Type or Print) E O The following describes the educational background, experience and other qualifications of the named applicant to serve a an inspector on this project. For Consultants Employees: Documentation of Contract Quantities certificate number is 17-12335. �? Lucas has over 10 years experience in Construction Engineering, and he has served as field engineer for a variety of o municipal, state, and private funded projects. He is responsible for managing all phases of the construction project including c� construction layout, construction observation, conformance with plans and specifications, schedule and budget adherence, materal inspection management, and extensive coordination between municipalities, residents, business owners, clients, and contractors. Lucas has a Bachelor of Science in Construction Management from Western Illinois University, 2005. Lucas has completed the following training courses: IDOT Documentation of Contract Quantities; IDOT Materials Management; IDOT ICORS Training; IDOT MISTIC Training; CPR and First Aid Certified; MUTCD Training; Certified Work Zone Safety Specialist d Lake County Designated Erosion Control Inspector; and is eRailSafe Union Pacific/CN Railroad Workplace Safety Certified. o 0 U a) a c c O U L N C O C� Q a J ti ti U m If the Resident from BC-775 is a consultant, the local public agency employee in responsible charge must also approve thi: individual. E Approved U Date Signature and Title of In Responsible Charge from BC-775 Q Printed 7/20/2020 Page 1 of 2 BC 776 (Rev. 06/16/16) Packet Pg. 81 9.A.h Instructions for Preparation of Form BC 776 23 CFR 635.105 requires that the state transportation department (STD) has responsibility for the construction of all Federal - aid projects, and is not relieved of such responsibility by authorizing performance of the work by a local public agency or othe Federal agency. A consultant may be utilized for periodic examination and consultation or for full-time technical inspection of construction. However, the prime responsibility for general supervision of the construction must remain with the state. The state (or county or municipality under agreement with the state) cannot be relieved of its responsibility to ensure that the work is performed in accordance with the approved project plans, specifications and estimate. Therefore, the Department of Transportation requires the local public agency to submit the qualifications of all personnel who will be assigned to construction layout and inspection duties on each Federal -Aid project which will be constructed under the supervision of the county, municipality or other local public agency. This form will be approved by the resident construction supervisor. If the resident construction supervisor is a consultant, this form will also be approved by the local public agency employee in responsible charge. If a consultant is named on this form, the approved form will be included as an attachment to the construction engineering consultant agreement. The approved form will be submitted to the Deputy Director Division of Highways, Regional Engineer prior to the start of construction. This form should be discussed as part of the preconstruction conference and a copy of the approved form retained with the preconstruction meeting minutes. Printed 7/20/2020 Page 2 of 2 BC 776 (Rev. 06/16/16) Packet Pg. 82 9.B Ordinance No. 0-2020-60 : An Ordinance Amending the Existing Incentive Agreement with Edward Hines Lumber Co. at 1000 Corporate Grove ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval. In 2000, the Village entered into a sales tax sharing agreement with Edward Hines Lumber Co. (Hines) at 1000 Corporate Grove Drive. This location serves as Hines' Corporate Headquarters, as well as a showroom. The original agreement was subsequently amended in 2003 and again in 2009. The current agreement is set to expire in November 2020. As a result, both staff and Hines are seeking the Village Board's approval for an amendment to extend the terms of the agreement for an additional 20 years. ATTACHMENTS: • BOT Memo (DOCX) • Ordinance (DOCX) • Third Amendment to Agreement 8.11.20 (DOCX) • Ordinance 2000-067 (PDF) • Ordinance 2003-018 (PDF) • Ordinance 2009-047 (PDF) Trustee Liaison Smith Staff Contact Chris Stilling, Community Development Monday, August 17, 2020 1 1 Updated: 8/13/2020 2:17 PM Page 1 Packet Pg. 83 9.B.a DATE: TO: FROM: SUBJECT August 13, 2020 Dane Bragg, Village Manager Christopher Stilling, Deputy Village Manager Third Amendment to the Incentive Agreement with Edward Hines Lumber Co. at 1000 Corporate Grove Drive BACKGROUND In 2000, the Village entered into a sales tax sharing agreement with Edward Hines Lumber Co. ("Hines") at 1000 Corporate Grove Drive. This location serves as Hines' Corporate Headquarters, as well as a showroom. The original agreement was subsequently amended in 2003 and again in 2009. The current agreement is set to expire in November 2020. As a result, both staff and Hines are seeking the Village Board's approval for an amendment to extend the terms of the agreement for an additional 20 years. PROPOSED AMENDMENT For the Board's consideration is a Third Amendment to the incentive agreement with Hines. As proposed, the amendment would extend the existing terms of the incentive agreement for an additional 20 years (November 1, 2040). The agreement requires the Village to rebate 60% of the total sales tax collected to Hines and the Village will retain 40%. This ratio of sales tax revenue sharing has been in place since 2009. The prior versions of the agreement had Hines receiving between 75%-80% of the total sales tax revenue collected. All other terms and conditions of the prior amendments would remain in place and this amendment has been reviewed by the Village Attorney. From staffs perspective, the amendment is beneficial as it ensures that Hines remains in the Village for the next 20 years RECOMMENDATION Staff recommends that the Village Board approve an Ordinance approving the Third Amendment to the incentive Agreement with Edward Hines Lumber Co. at 1000 Corporate Grove Drive. Page 1 of 1 Packet Pg. 84 9.B.b E.011=1, Ordinance No. 2020 - Third Amendment to the Agreement By and Between the Village of Buffalo Grove and Edward Hines Lumber Co. at 1000 Corporate Grove Drive WHEREAS, the Village of Buffalo Grove, hereinafter referred to as "Village" is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, Edward Hines Lumber Co., an Illinois corporation, hereinafter referred to as "Hines", currently conducts its business at the property commonly known as 1000 Corporate Grove Drive, Buffalo Grove, Illinois; and WHEREAS, the Village and Hines entered into an Agreement dated November 20, 2000 concerning Municipal Sales Tax (hereinafter referred to as the "Agreement"), which Agreement set forth the terms of the rebate of the Municipal Sales Tax revenues; and WHEREAS, the Village and Hines entered into an Amendment to Agreement dated March 3, 2003 (the "First Amendment"); and WHEREAS, the Village and Hines entered into an Amendment to Agreement dated July 28, 2009 (the "Second Amendment"), which is set to expire on November 1, 2020; and WHEREAS, both Hines and the Village are desirous to extend the Agreement for an additional 20 years, in accordance to the terms and conditions outlined in the Third Amendment attached as Exhibit "A". NOW THEREFORE BE IT ORDAINED BY THE PRESIDENTAND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. The foregoing Whereas clauses are hereby incorporated herein. Packet Pg. 85 9.B.b Section 2. The Village President and ViIIage Clerk are hereby authorized toexecute the Third Amendment to the Agreement between the Village of Buffalo Grove and Edward Hines Lumber, Co., acopy ofwhich is attached hereto as Exhibit "A". Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication. This Ordinance may be published in pamphlet form. This Ordinance shall not be codified. AYES: NAYS: ABSENT: PASSED: APPROVED: ATTEST: Village Clerk Beverly Sussman Village President Packet Pg. 86 9.B.b EXHIBIT A Third Amendment to the Agreement By and Between the Village of Buffalo Grove and Edward Hines Lumber Co. at 1000 Corporate Grove Drive Packet Pg. 87 9.B.c August 11, 2020 Exhibit "A" Amendment No. 3 To Agreement This Amendment No. 3 to Agreement is made and entered into the day of February, 2020 by and between the Village of Buffalo Grove, an Illinois Municipal Corporation, hereinafter referred to as the "Village" and Edward Hines Lumber Co., an Illinois corporation, hereinafter referred to as "Hines", and Whereas, the Village and Hines have entered into an Agreement dated November 20, 2000 concerning Municipal Sales Tax (hereinafter referred to as the "Agreement"), Whereas, the Village and Hines entered into an Amendment to Agreement dated March 3, 2003 (the "First Amendment"), Whereas, the Village and Hines entered into an Amendment to Agreement dated July 28, 2009 (the "Second Amendment"), Now, Therefore, in consideration of the mutual covenants and promises set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the Village and Hines agree that Section 3 of the Agreement (as amended by the First Amendment and the Second Amendment), Section 6 of the Agreement, and Section 8 of the Agreement (as amended by the First Amendment and the Second Amendment) are amended and restated to read as follows, 3. Sales Tax Payment: The Village agrees, warrants and guarantees to pay Hines Municipal Sales Tax generated by Hines to be calculated as follows: Beginning in November 2020 and throughout the Term, as defined herein, the Village and Hines shall distribute on a monthly basis the Municipal Sales Tax resulting from taxable Credit Sales at the Property and received by the Village in the following amounts: 60% of the total Municipal Sales Tax to Hines and 40% of the total Municipal Sales Tax to the Village. 6. Creation and Approval of Single Order -Acceptance Point: E. The parties recognize that the State of Illinois has expanded its requirement of the "single -order acceptance point" in the sourcing of retailers' occupation tax as described in 86 III. £ Admin. Reg. 270.115 effective June 25, 2014. 86 III. Admin. Reg. 270.115(c)(2) provides in c relevant part that "[a] retailer engaging in three or more primary selling activities in one location E in the State after a particular sale shall remit the retailers' occupation tax imposed by the taxing bodies with authority to impose retailers' occupation tax on those engaged in the business of s selling in that location." 86 III. Admin. Reg. 270.115(c)(2). c a� E z a Packet Pg. 88 9.B.c F. Hines represents that its sales attributable to the Village meet the requirements of 86 III. Admin. Reg. 270.115 as such sales have at least three primary sales tax sourcing factors located in the Village. Such factors include: (1) the location of Hines' headquarters; (2) the location where payment is tendered and received or from which invoices are issued with respect to each sale; and (3) the location where Hines takes action that binds it to the sale by order acceptance of purchase orders. G. Hines represents that sales attributable to the Village do not have any other Illinois locations that have more than two primary factors described in 86 III. Admin. Reg. 270.115. H. Hines represents that during the term of the Agreement, it will have at least three factors under 86 III. Admin. Reg. 270.115 in the Village on sales attributable to the Village. Hines represents that it will immediately inform the Village if there is any change to its business operations which impact the primary factors attributable to sales reported to be in the Village to allow the Village to determine the validity of the Agreement pursuant to 86 III. Admin. Reg. 270.115. However, this subsection does not relieve Hines from its obligation to determine that it alone is responsible for maintaining the proper sourcing of sales reported to the State of Illinois as occurring in the Village. 8. Term of Agreement: A. This Agreement shall be in full force and effect for a term of twenty (20) years ("Term"), starting on November 1, 2020, provided the Village's obligation to make any payments pursuant to this Agreement, shall survive until fully discharged. B. During the Term, Hines shall not make any changes to its operations in the Village with regards to its Credit Sales which would change the location of such sales to a location outside of the Village. If Hines makes such a change to its operations, the Village may terminate this Agreement upon prior written notice to Hines. C. If the State of Illinois changes its sourcing methodology for retailers' occupation tax and Credit Sales made by Hines are no longer allocated to the Village, the Village may terminate this Agreement upon prior written notice to Hines. [SIGNATURES APPEAR ON THE NEXT PAGE] El Packet Pg. 89 9.B.c In Witness, hereof, the parties have executed this Amendment to Agreement as of the date first above written. Village of Buffalo Grove Village President Attest: Village Clerk Edward Hines Lumber Co. Vice President -CFO Attest: Title: El Packet Pg. 90 9.B.d ORDINA = NO. 2000 67 WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS;, Edward Hines Lumber Co ("Hines") has located its single order - acceptance for credit sales at its corporate headquarters in the Village of Buffalo Grove; and WHEREAS, as a result, the efficient and effective use of commercial property will occur which will increase the Village's tax base and increase employment opportunities in the Village, and in furtherance of this, the Village is willing to grant certain incentives to Hines. 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. The foregoing Whereas clauses are hereby incorporated herein. Section 2. The Village President and Village Clerk are hereby authorized to execute the Agreement between the Village of Buffalo Grove and Edward Hines Lumber Co., a copy of which is attached hereto as Exhibit "A". Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 4 - Marienthal Braiman Glober, Berman NAYES: 0 - None ABSENT: 2 - Heinrich, Johnson PASSED: November 20 , 2000. APPROVED: November 20 , 2000. APPROVED: O Virlage President ATTEST: Vill&eje Clerk Packet Pg. 91 "EXHIBIT A" AGREEMENT TffiS AGREEMENT is made and entered into on this day of , 2000, by and between the VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation (hereinafter referred to as the "Village'), and EDWARD HINES LUMBER CO., an Illinois corporation (hereinafter referred to as "Hines'). basis; Recitals WHEREAS, Hines sells lumber and other building materials in Illinois primarily on a credit WHEREAS, Hines has several warehousing facilities and other business locations in cities throughout Northern Illinois; WHEREAS, Hines recently moved its Corporate Headquarters to Buffalo Grove, Lake County, Illinois; WHEREAS, Hines could increase its competitiveness in the marketplace by establishing a single order -acceptance point for all Credit Sales if Hines and the municipality, where the single order - acceptance point is located, enter into a municipal sales tax incentive agreement; WHEREAS, in order to induce Hines to make its Corporate Headquarters its single order - acceptance point for Credit Sales, the Village will make payment to Hines of a portion of the municipal component of the sales tax revenue generated by Hines from credit sales as provided in this Agreement; WHEREAS, the entire sales tax rate applicable to credit sales within the Village is 7%, the Village's total portion of which is 1.5%; the home -rule portion of the Village's portion of the sales tax rate is 0.5%; WHEREAS, the Village desires to foster an efficient and effective use of the Corporate Headquarters that will increase the Village's sales tax base and increase employment opportunities in the Village, and in furtherance thereof, the Village is willing to grant certain incentives to Hines subject to the terms and conditions set forth herein; WHEREAS, Hines believes that this Agreement is in its best interest as it will achieve cost efficiencies by centralizing sales and credit functions, which will improve its competitiveness in the marketplace; WHEREAS, the parties hereto acknowledge, and Hines represents and warrants that Hines would not maintain its single order -acceptance point in the Village but for the economic incentives to be given by the Village pursuant to this Agreement; WHEREAS, the Village, as a Home Rule unit of government, may exercise any power and perform any function pertaining to its government and affairs pursuant to Section 6 of Article VII of the 1970 Constitution of the State of Illinois, and pursuant to Section 10 of Article VII, is authorized to Packet Pg. 92 9.B.d contract or otherwise associate with individuals in any manner not prohibited by law or ordinance; NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the Village and Hines agree as follows: 1. Incorporation of Recitals: The Recitals heretofore set forth are incorporated herein and made a part of hereof and shall constitute findings of fact made by the Village with respect to the designation of Hines' Corporate Headquarters as its single order -acceptance point for Credit Sales. 2. Definitions: Whenever used in this Agreement, the following terms shall have the following meanings unless a different meaning is required by the context: A. "Commencement Date": November 1, 2000, which represents the date upon which Hines established its Corporate Headquarters as the single order -acceptance point for all credit sales with shipping locations within the State of Illinois. B. "Corporate Headquarters": 1000 Corporate Grove Drive, Buffalo Grove, Illinois or any address within the Village. C. "Credit Sales": Disposition of lumber or other building materials or products sold by Hines to customers on a deferred -payment basis. D. "Edward Hines Lumber Co. ": The Illinois corporation, its wholly -owned subsidiaries and joint ventures where Hines performs billing functions. E. "First Sales Tax Year": 2001 F. "Gross Receipts": The term "Gross Receipts" shall have the same meaning as that which is ascribed to it in the Illinois Retailers' Occupation Tax Act, 35 ILCS 120/1. G. "Municipal Sales Tax": That portion or component of the Sales Tax generated from the Property that the Village actually receives from the State of Illinois pursuant to the Retailers' Occupation Tax Act, the Service Occupation Tax Act, the Service Use Tax Act, the Use Tax Act, and the Village's Home Rule Sales Tax Ordinance. H. "Payment Period": Taxable year as defined by the State of Illinois Department of Revenue (hereinafter referred to as "IDOR"), unless otherwise provided. I. "Property": The Corporate Headquarters currently located in the Village of Buffalo Grove J. "Sales Tax": Any and all taxes imposed and collected by the State of Illinois pursuant to the Retailers' Occupation Tax Act, the Service Occupation Tax Act, Service Use Tax Act, the Use Tax Act, and the Village's Home Rule Sales Tax Ordinance. K. "Sales Tax Payment": The payment to Hines of a portion of the Municipal Sales Tax that the Village as required pursuant to Paragraph 3 of this Agreement. 0 Packet Pg. 93 9.B.d L. "Sales Tax Year": The period of time from January 1" of one year to and including December 31a of the same year. 3. Sales Tax Payment: The Village agrees, warrants and guarantees to pay Hines Municipal Sales Tax generated by Hines to be calculated as follows: Beginning with the first month of the First Sales Tax Year, which represents Sales Tax generated during November, 2000 and throughout the Term, as defined herein, the Village and Hines shall distribute on a monthly basis the Municipal Sales Tax resulting from taxable Credit Sales with single order -acceptance at the Property and received by the Village in the following amounts: 80% of the total Municipal Sales Tax to Hines; and 20% of the total Municipal Sales Tax to the Village. 4. Forms and Reporting Requirements: Throughout the Term, as defined herein, Hines shall cause to be timely delivered to IDOR Forms ST-1 and ST-2 (the "Forms'), or any form that replace or supplement same and shall deliver copies of same to the Village. The forms provided shall detail the amount of Sales Tax collected and paid to IDOR as well as taxable gross receipts for the Property. Hines and the Village shall keep all Sales Tax information confidential except where disclosure of such information is required by law. 5. Calculation and Payment of Sales Tax Payment: The calculation and payment of the Sales Tax Payment shall be as follows: A. The Village shall calculate in good faith the amount of the Sales Tax Payment applicable for each month during the Initial Term and any Renewal Terms, as defined herein, and shall submit those calculations to Hines within ten (10) business days after the Village's receipt of the Forms. B. Payment of the Sales Tax Payment shall be monthly. 1. Within thirty (30) calendar days after the Village has received the latter of: (a) payments of Municipal Sales Tax from the State of Illinois or (b) the Forms, the Village shall forward to Hines the Sales Tax Payment for the given month. 2. The Sales Tax Payment shall be payable solely from the Municipal Sales Tax amounts actually received by the Village from the State of Illinois. 3. If for any reason the State of Illinois fails to distribute all of the Municipal Sales Tax to the Village within thirty (30) calendar days of the close of any monthly period, the Village shall provide written notification of same to Hines and the Village shall make the required monthly Sales Tax Payment to Hines within thirty (30) calendar days after all required amounts have been received by the Village. 6. Creation and Annroval of Single Order-Accentance Point: A. As of the Commencement Date, Hines has taken the internal corporate measures necessary to establish its Corporate Headquarters as the single order -acceptance point for all Credit Sales with shipping locations within the State of Illinois and has requested a General Information Letter (the "GIL") from IDOR seeking its concurrence with Hines' analysis that single order -acceptance takes place within the Village. Packet Pg. 94 9.B.d B. The parties agree that all Municipal Sales Tax amounts shall be held by the Village in an interest -bearing escrow account, with 80% of all interest accrued to belong to Hines and 20% to the Village, until IDOR's issuance of the GIL and a Private Letter Ruling ("PLR"), each substantially concurring with Hines' analysis that order -acceptance takes place within the Village. C. Upon receipt of the GEL, Hines will request a Private Letter Ruling from IDOR which confmns that under the facts as stated in the GIL, the order -acceptance point is the Corporate Headquarters. D. As long as the single order -acceptance point is within the Village, as determined by IDOR, then the Village's Home Rule Municipal Sales Tax rate shall apply to all Credit Sales generated by Hines with delivery locations within the State of Illinois. 7. Increase in Sales Tax Rate: A. This Agreement is conditioned upon existing law which currently provides for, and allows the Village to collect, Municipal Sales Tax and allows the Village to impose a Home Rule Sales Tax. B. This Agreement shall in no way restrict or prohibit the Village from eliminating or amending its Home Rule Sales Tax Ordinance. C. In the event that the Village increases its current Home Rule Sales Tax of 0.5%, during the Term, by 0.25% or less, then Hines shall receive the entire incremental increase in the Home Rule Sales Tax. D. In the event that the Village increases its current Home Rule Sales Tax of 0.5%, during the Term, by more than 0.25%, including increases that combined are more than 0.25%, Hines shall have the right to select one of the following at its sole discretion: i. Terminate this Agreement by written notice to the Village within one -hundred and eighty (180) days after implementation of said increase; or ii. Receive 80% of the incremental increase in the Home Rule Sales Tax. E. In the event that Lake County's current Sales Tax of 0.25% is increased during the Term, Hines shall have the right to terminate this Agreement by written notice to the Village within one -hundred and eighty (180) days after implementation of said increase; F. In the event that the Regional Transportation Agency's ("RTA") current Sales Tax of .25% is increased during the Term, and said increase applies exclusively to Lake County, Hines shall have the right to terminate this Agreement by written notice to the Village within one hundred and eighty (180) days after the implementation of said increase. 8. Term of Agreement: 4 Packet Pg. 95 9.B.d A. This Agreement shall be in full force and effect for a term of ten (10) years, starting on the Commencement Date (the "Initial Term'), provided the Village's obligation to make any payments pursuant to this Agreement, that accrued during the Initial Term and any Renewal Terms, as defined in Paragraph 8.B. but remain unpaid at the termination date, shall survive until fully discharged. B. This Agreement will be automatically renewed for two (2) additional terms of five (5) years each (each a "Renewal Term" xthe Initial Term and any Renewal Terms shall be referred to collectively as the "Term"), unless either party provides the other party written notice not to renew not less than one hundred and eighty (180) days prior to the expiration of the Initial Term or any Renewal Term. C. During the Term, Hines shall not relocate its single order -acceptance point to outside the Village, unless maintaining its single order -acceptance point within the Village would be a violation or contravention of any case, decision or determination of any state or federal court, agency or entity, or maintaining its order -acceptance point in the Village would subject Hines to penalties or fines of any kind levied or rendered by any state or federal court, agency or entity, or unless required to do so pursuant to any state or federal court, agency or entity, in which case Hines shall have the unilateral right, upon prior written notice to the Village, to terminate this Agreement. 9. Exclusive Agreement: During the Term, Hines agrees not to enter into any other municipal sales tax revenue sharing agreements with other municipalities. 10. Default: The occurrence of any one of the following shall constitute a default by the respective parties: A. Hines shall be considered in default of this Agreement for. 1. Failure to comply with any material term, provision or condition of this Agreement; or 2. Materially misrepresenting or warranting in bad faith any information contained in this Agreement; or 3. Filing a petition for a Chapter 7 bankruptcy or be adjudicated as bankrupt under Chapter 7 of the U.S. Bankruptcy Code; or 4. Making a general assignment for the benefit of creditors or to an agent authorized to liquidate its improvements on the Subject Property, provided that, as a result of such acts, Hines ceases operations and closes its operations for more than sixty (60) consecutive days. or B. The Village shall be considered in default of this Agreement for 1. Failure to make complete and timely payment to Hines on the terms herein provided; 2. Failure to comply with any material term, provision or condition of this Agreement. 11. Notice and Cure: Before taking any action pursuant to Paragraph 10 of this Agreement, a party shall first provide written notice to the other party of the breach or alleged breach of this Agreement which Packet Pg. 96 9.B.d would be the basis for same, and allow a period of thirty (30) days for the curing of said breach or alleged breach. 12. Remedies: Subject to the requirements of Paragraph 11 of this Agreement, the non -defaulting party may, at its option, terminate this Agreement by written notice forwarded to the defaulting party after any applicable cure period shall have expired; or may continue to respect and abide by the terms of this Agreement, and may by suit, action, mandamus or any other proceeding, in law or in equity, including specific performance, elect to enforce or compel the performance of this Agreement. The exercise of one or more of said rights or remedies shall not impair a parry's right to exercise any other right or remedy provided for in this Agreement, or by law. 13. Notices: All notices required or desired to be given hereunder shall be deemed given if and when delivered personally, or on the next business day after being deposited with a national overnight courier service, or on the next business day after being deposited in the United States certified or registered mail, return receipt requested, postage pre -paid, or upon receipt of a facsimile transmission with a confirmation delivered by regular mail, addressed to the party at its address set forth below, or to such other address as the party to receive such notice may have designated to all other parties by notice in accordance herewith: Village of Buffalo Grove Steven T. Svendsen, CFO John L. Eisel, Esq. Attn: Director of Finance Edward Hines Lumber Co. Wildman, Harrold, Allen & 50 Raupp Blvd. 1000 Corporate Grove Drive Dixon Buffalo Grove, IL 60089 Buffalo Grove, IL 60089-4550 225 W. Wacker Drive Chicago, IL 60606-1229 William G. Raysa Raysa & Skelton, P.C. 1140 Lake Street, Ste. 400 Oak Park, IL 60301 14. Indemnity: Hines shall and hereby agrees to defend, hold harmless and indemnify the Village, its President, Trustees, employees, agents and attorneys from and against any and all claims, demands, suits, damages, liabilities, losses, expenses, and judgments which may arise out of the establishment of a single order -acceptance point within the Village or this Agreement. The obligation of Hines in this regard shall include but shall not be limited to all costs and expenses, including reasonable attorneys' fees, incurred by the Village in responding to, defending against, or settling any such claims, demands, suits, damages, liabilities, losses, expenses or judgments. Hines covenants that it will reimburse the Village, or pay over to the Village, all sums of money the Village pays, or becomes liable to pay, by reason of any of the foregoing, and will make payment to the Village as soon as the Village becomes liable therefor. In any suit or proceeding brought hereunder, the Village shall have the right to appoint counsel of its own choosing to represent it. 15. Assignment: Hines may not assign this Agreement or the amounts, in whole or part, to be reimbursed hereunder without the Village's prior written consent, which consent shall not be unreasonably withheld. The Village acknowledges that this Agreement is an obligation which runs to Hines and is not a covenant running with the land. 6 Packet Pg. 97 9.B.d 16. Third Party Beneficiaries: The Village and Hines agree that this Agreement is for the benefit of the parties hereto and not for the benefit of any third party beneficiaries. No third parties shall have any rights or claims against the Village arising from this Agreement. 17. Inspection of Books and Records: Upon prior written notice to Hines, and at a place and time that is mutually beneficial to both parties, the Village shall have the right to inspect and review those books and records which are directly related to establishing Credit Sales for any Sales Tax Year or portion thereof. 18. Severability: The invalidity of any paragraph or subparagraph of this Agreement shall not impair the validity of any other paragraph or subparagraph. If any provision of this Agreement is determined to be unenforceable, such provision shall be determined severable and the Agreement may be enforced with such provision severed or as modified by such court. 19. Governing Law: This Agreement shall be deemed to have been executed, delivered and accepted in the State of Illinois and shall be construed pursuant to and in accordance with the laws of the State of Illinois. 20. Entirety of Agreement: This Agreement embodies the entire agreement and understanding between the parties and there are no other agreements, representations, warranties or understanding, oral or written, between the parties with respect to the subject matter of this Agreement. No alteration, modification, amendment or change of this Agreement shall be valid unless by like instrument. 21. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 22. Counterparts: This Agreement may be executed in two (2) or more counterparts, each of which taken together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. VILLAGE OF BUFFALO GROVE By: LS�i�%�� Village President ATTEST: tiaa� c n w Vill lerk Packet Pg. 98 9.B.e ORDINANCE NO. 2003- 18 WHERAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village of Buffalo Grove ("Village") and Edward Hines Lumber Co. ("Hines") are parties to an Agreement dated the 20' day of November 2000 for the purpose of granting certain incentives to locate its single order -acceptance point for corporate credit sales at its corporate offices located in the Village; and WHEREAS, both the Village and Hines desire to amend certain sections of that Agreement as identified on the attached Amendment to Agreement to be dated as of the Yd day of Mardi, 2003. 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. The foregoing Whereas clauses are hereby incorporated herein. Section 2. The Village President and Village Clerk are hereby authorized to execute the Amendment to Agreement between the Village of Buffalo Grove and Edward Hines Lumber Co., a copy of which is attached hereto as Exhibit "A". Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn, Trilling NAYES: 0 - None ABSENT: 0 — None PASSED: March 3 2003. APPROVED: March 3 , 2003. APPROVED: 1-1 Village President ATTEST: 2f . Vil perk Packet Pg. 99 9.B.e EXHIBIT A Amendment To Agreement This Amendment to Agreement is made and entered into the 3rd day of March, 2003 by o and between the Village of -Buffalo Grove, an Illinois Municipal Corporation, hereinafter P referred to as the "Village" and Edward Hines Lumber Co., an Illinois corporation, hereinafter Q referred to as "Hines", and 0 Whereas, the Village and Hines have entered into an Agreement dated November 20, a 2000 concerning Municipal Sales Tax (hereinafter referred to as the "Agreement") v 0 Now, Therefore, in consideration of the mutual covenants and promises set forth herein, c and for other good and valuable consideration,the receipt and sufl"iciency of which are hereby acknowledged by the parties, the Village and ines agree that Sections 3., S.A. 7.C. and 8.A. of the Agreement are amended to read as follows and that Sections 7.D.E.F. ana 8.B. are deleted from the Agreement. E 3. Sales Tax Payment: The Village agrees, warrants and guarantees to pay Hines Municipal Sales I ax by Hines to be calculated as follows: N generated Beginning with the first month of the First Sales Tax Year, which represents Sales Tax generated during November 2000 and throughout the Term, as defined herein, the Village and Hines shall distribute on a monthly basis the Municipal Sales Tax resulting from taxable Credit 3 Sales with single order -acceptance at the Property and received b� the Village in the following amounts: For the First Sales Tax Year through calendar 2010, 80 /o of the total Municipal Sales 2011 Tax to Hines; and 20% of the total Municipal Sales Tax to the Village. For calendar through 2020 75% of the total Municipal Sales Tax to Hines; and 25% of the total Municipal a Sales Tax to tie Village. Notwithstanding the foregoing, the minimum Municipal Sales Tax to be retained by the Village shall be no less than $450,000 annually effective as of the Third Sales Tax Year througgh calendar 2010 and no less than $500,000 annually beginning with calendar 2011 through 2020 fall below the c (the "Hines Guaranty"). Should the Municipal Sales Tax retained by the Village minimum so noted the Village shall document the difference and invoice Hines for said amount, which shall be pain within thu ty (30) days of receipt. The Hines Guaranty shall remain in effect E a only ,as long as: (1) this Agreement remains in full force and effect and does not violate any existing or future law, ordinance, ruling or regulation and (2) Hines is not prevented or restricted from c S from placingCredit Sales through the Village and the Village is not prevented or restricted remitting Municipal Sales Tax to Hines as provided in this Agreement by any law, ordinance, 0 ruling or regulation. 5. Calculation and Pa ment of Sales Tax Payment: The calculation and payment of the �a Sales Tax Payment shill be as o ows: A. The Village shall calculate in good faith the amount of the Sales Tax PayTent for Term Agreement shall submit those calculations Q. C applicable each month during the of this and to Dines within ten (10) business days after the Village's receipt of the Forms. CD 7. Increase in Sales Tax Rate: CD cm C. In the event that the Village increases its current Home Rule Sales Tax of 0.5% during N 0 the Term, such additional Home Rule Sales Tax will be distributed to Hines in the same manner 00 as set forth in Section 3 of this Agreement. q 8. Term of Agreement: M N A. This Agreement shall be in full force and effect for a term of twenty (20) years ("Term"), starting on the Commencement Date, provided the Village's obligation to make any payments pursuant to this Agreement, shall survive until fully discharged. �a 0 E U a Packet Pg. 100 9.B.e In Witness, whereof, the parties have executed this Amendment to Agreement as of the date first above written. Village of Buffalo Grove i Attest: Edward Hines Lumber Co. ice rest ent- { Attest: Title: O. RORRTE COUNSEL Packet Pg. 101 9.B.e ACKNOWLEDGEMENT: STATE OF ILLINOIS SS COUNTY OF LAKE This instrument was acknowledged before me on the jy day of 2003 by `J'�►-Q-�, "�• �'+r►� , the Vice President, CFO of Edward Hines Lumber Co., an Illinois corporation and by A c -s,, t Goy-, of said corporation. nFri7'ALSEAS. APMJASZKA l{. �� I�- NOTMY K�U of UNMNotary Publicaw SEAL: My Commission expires: Ay k a-i � a66 �t ACKNOWLEDGEMENT STATE OF ILLINOIS COUNTY OF LAKE i SS This instrument was acknowledged before me on the Lday of A ! lEc"j. , 2003 by Elliott Hartstein, the Village President of the Village of Buffalo Grove Co., and Illinois municipal corporation and by Janet Sirabian, Village Clerk of said municipal corporation. "OFFICJAL SEAL" f ROBERTA FREED Notary Public, State of Illinois tart' U 1C My Commission Expires 01/25/04 SEAL: M My Commission expires: 5 Packet Pg. 102 9.B.f ORDINANCE NO. 2009- 47 AN ORDINANCE APPROVING AN NT No. 2 TO AN AGREEMENT WITH WHERAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village of Buffalo Grove"Village") and Edward Hines Lumber Co. ("Hines") are parties to an Agreement dated the 20 day of November 2000 ("Agreement") for the purpose of granting certain incentives to locate its single order -acceptance point for corporate credit sales at its corporate offices located in the Village; and WHEREAS, the Agreement was approved by Village Ordinance No. 2000-67, and WHEREAS, both the Village and Hines amended the Agreement in certain respects by means of an Amendment To Agreement dated March 3, 2003, which was approved by Village Ordinance No. 2003-18 ("First Amendment") , and WHEREAS, both the Village and Hines desire to amend the Agreement as amended by the First Amendment, which Amendment No. 2 to the Agreement is attached hereto.. 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. The foregoing Whereas clauses are hereby incorporated herein. Section 2. The Village President and Village Clerk are hereby authorized to execute the Amendment No. 2 to the Agreement between the Village of Buffalo Grove and Edward Hines Lumber Co., a copy of which is attached hereto as Exhibit "A". Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 6 — BraimanGlover Berman, Trilling, Stone, Sussman NAYES: 0 - None ABSENT: 0 — None PASSED: August 3, 2009 APPROVED: August 3, 2009 APPROVED: Village President ATTEST: C) Villag Jerk Packet Pg. 103 9.B.f July 28, 2009 Exhibit "A" Amendment No. 2 To Agreement This Amendment No. 2 to Agreement is made and entered into the 20th day of July, 2009 by and between the Village of Buffalo Grove, an Illinois Municipal Corporation, hereinafter referred to as the "Village" and Edward Hines Lumber Co., an Illinois corporation, hereinafter referred to as "Hines", and Whereas, the Village and Hines have entered into an Agreement dated November 20, 2000 concerning Municipal Sales Tax (hereinafter referred to as the "Agreement"), Whereas, the Village and Hines entered into an Amendment to Agreement dated March 3, 2003 (the "First Amendment"), Now, Therefore, in consideration of the mutual covenants and promises set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the Village and Hines agree that Section 3 of the Agreement (as amended by the First Amendment) and Section 8(c) are amended and restated to read as follows, 3. Sales Tax Payment: The Village agrees, warrants and guarantees to pay Hines Municipal Sales Tax generate3Ty Hines to be calculated as follows: Beginning with August 2009, which represents Sales Tax generated during July 2009 and throughout the Term, as defined herein, the Village and Hines shall distribute on a monthly basis the Municipal Sales Tax resulting from taxable Credit Sales with single order -acceptance at the Property and received by the Village in the following amount for the remainder of the Term: 60% of the total Municipal Sales Tax to Hines and 40% of the total Municipal Sales Tax to the Village. 8. Terms of Agreement. (c) During the Term, Hines shall maintain a single order -acceptance point policy for all Credit Sales and shall not relocate its single order -acceptance point to outside the Village, unless maintaining its single order -acceptance point within the Village would be a violation or contravention of any case, decision or determination of any state or federal court, agency or entity, or maintaining its order - acceptance point in the Village would subject Hines to penalties or fines of any kind levied or rendered by any state or federal court, agency or entity, or unless required to do so pursuant to any state or federal court, agency or entity, in which case Hines shall have the unilateral right, upon prior written notice to the Village, to terminate this Agreement. In Witness, whereof, the parties have executed this Amendment to Agreement as of the date first above written. Attest: Villa Jerk Attest: 4s4p Title: ert,61 at,-^t Village of Buffalo Grove Village President Edward Hines Lumber Co. Vice President -CFO Packet Pg. 104 9.B.f ACKNOWLEDGEMENT: STATE OF ILLINOIS COUNTY OF LAKE i 55 This instrument was acknowledged before me on the $th day of u 2009 by Ut wc^ T. c54yn "�n , the Vice President, CFO of Edward Hines Lumber Co., an Illinois corporation and by 4A4:-4 d �► �►11t, k �ru; L`"''t of said corporation. AVL-0-,- �Maw-Notary Public OFFIC111L Uft WTA K AW SEAL: � mn 12 My Commission expires: 4 2'$ f aO t,;, ACKNOWLEDGEMENT STATE OF ILLINOIS i SS COUNTY OF LAKE This instrument was acknowledged before me on the —day of 2009 by Elliott Hartstein, the Village President of the Village of Buffalo Grove Co., and Illinois municipal corporation and by Janet Sirabian, Village Clerk of said municipal corporation. "OFFICIAL SEAL" ROBERTA FREED OOMMIBIlM EXPIRES: (1)W2 SEAL: tl—P My Commission expires: / L1h2" Packet Pg. 105 9.0 Resolution No. R-2020-40 : Resolution for Apple Hill/Tenerife Contingency Use ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval. Staff recommends the use of the contingency in the awarded contract to Arrow Road Construction in the amount of $62,093.31 for the purchase of truncated domes. These domes are the requirement of the American's with Disabilities Act and other Federal requirements for any project that improves the roadway. The domes will be used on improvements scheduled from 2020 to 2022. ATTACHMENTS: • Arrow Contingency Memo R3 (DOCX) • Contingency Resolution (DOCX) • Buffalo Grove DWPs - Quote_2020-07-08 12-22-37 (PDF) • Village Of Buffalo Grove - DWP (PDF) Trustee Liaison Staff Contact Stein Darren Monico, Public Works Monday, August 17, 2020 Updated: 8/5/2020 2:06 PM Page 1 Packet Pg. 106 9.C.a VILLAC'E OF BUFFALO .LCVE' MEMORANDUM DATE: August 12, 2020 TO: Jennifer Maltas, Deputy Village Manager FROM: Darren Monico, Village Engineer SUBJECT: 2020 Apple Hill/Tenerife Street Improvements Contingency Use The 2020 Apple Hill/Tenerife Street Improvements was awarded with a contingency in the amount of $62,093.31 for the Village's use and control. The improvements are projected to finish near the as bid amount, making this contingency available. Therefore, staff is proposing to use the previously approved contingency amount for a different part of the Infrastructure Maintenance Program and seeks Board approval for this purchase as explained below. The purchase will be included as part of the existing Arrow Road contract for the Apple Hill/Tenerife project. During the 2020 Infrastructure Modernization Program projects staff identified that the required truncated dome panels, which are from only two suppliers, were causing project delays due to extended manufacture and delivery periods. Staff estimated how many panels would be needed for the remainder of the Infrastructure Modernization Program projects and received quotes from both suppliers. East Jordan presented a lower quote that Neenah Foundry in the amount of $64,800.00. Purchase and stocking of these materials by the Village allows future project schedules to not be impacted by these materials. Staff has recommended that the Village Board allow for the contingency to be used for this purchase, through Arrow Road to expedite the credit application and ordering process. This contingency is from the Bond funds and the panels will continue to be used on other Bond fund projects. Packet Pg. 107 9.C.b I R *I$] Ru Y IQ L1h [11Wd13Y.D)D A RESOLUTION RATIFING AN AGREEMENT FOR USE OF THE APPLE HILL/TENERIFE PROJECT CONTINGENCY UTILIZATION WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove desire to ratify the agreement of contingency use, and WHEREAS, the implementation of this purchase will result in required supplies being in stock for Village use, and WHEREAS, Arrow Road Construction Company will make the material purchase through their contract on the Village's behalf, and NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Buffalo Grove, Lake and Cook Counties, Illinois, that the Village Manager is hereby authorized and directed, pending final approval and review by the Village Attorney, to purchase truncated domes from East Jordan Iron Works. AYES: NAYES: ABSENT: PASSED: 2020 APPROVED: 2020 APPROVED: Village President ATTEST: Village Packet Pg. 108 Account Name Village of Buffalo Grove Ship to 50 Raupp Blvd., Buffalo Grove, IL, US, 60090 Bill to 50 Raupp Blvd., Buffalo Grove, IL, US, 60090 Full Name Kyle Johnson PE Business Phone (847) 459-2500 Email kjohnson@vbg.org Business Fax (847) 537-5845 Close Date 8/31/2020 Notes and Comments 9.C.c Quotation Quote Number 00363816 Quote Name Buffalo Grove DWPs Created Date 7/6/2020 Expiration Date 8/5/2020 Prepared by Paul Thibaudeau Email paul.thibaudeau@ejco.com Phone 8157401640 Fax Subtotal 64800.00 USD Grand Total 64800.00 USD e c� o.com 800 626 4653 Page 1 of 1 QUOTATION - EJ USA, Inc. Terms and Conditions apply, which are located at http://r.ejco.com/ustc. Material takeoff quantities not guaranteed. Price subject to change. Packet Pg. 109 QUOTATION VILLAGE OF BUFFALO GROVE 51 RAUPP BLVD BUFFALO GROVE, IL 60089 US Attn: Kyle Johnson Phone: (847) 459-2545 Mobile Phone: 847-459-2523 Email: kjohnson@vbg.org 9.C.d I E E NAH Ze 1k N D RY since 18 7 2 2121 Brooks Avenue Neenah, WI 54956 PHONE: (312) 515-1052 1 FAX: jeff.kegermann@neenahenterprises.com Date: Jul 15, 2020 Job Name: Village Of Buffalo Grove DWP Job Location: Buffalo Grove Bid Date: We are pleased to submit the following quotation in accordance with your request. Line Quantity Catalog Description Sales Price Total Price R-4984-24Q 2X2 DWP BRICK RED 1 400 EA 4984-24Q DET. WARN. PLATE--TYPE-N--REGULAIR SEAT --GI $80.00 $32,000.00 CLASS 30A--1/2 INCH BRAILLE DESIGN SURFACE, BRICK RED--'NEENAH FOUNDRY COMPANY' 'MADE IN USA' R-4984-36Q 2X3 DWP BRICK RED 2 200 EA 4984-36Q DET. WARN. PLATE--TYPE-N--REGULAIR SEAT --GI $190.00 $38,000.00 CLASS 30A--1/2 IN., BRAILLE SURFACE,LTRD.'CLASS 30A' IN DRAG,BRICK RED--'NEENAH FOUNDRY COMPANY', 'MADE IN USA' Quotation Comments: *CONTRACTOR TO VERIFY ALL TYPES QUANTITIES AND LETTERING BEFORE ORDERING* *600 UNITS DELIVERED IN ONE LOAD* TOTAL ESTIMATED WEIGHT: 42,600 Ibs TOTAL QUOTATION VALUE: $70,000.00 (Excluding Skids) (Freight Included) TERMS & CONDITIONS Neenah Foundry Terms & Conditions apply and are available upon request. Castings furnished unpainted. Quantities are approximate, changes could alter unit prices. Estimated Shipping & Handling based on above quantities shipping in one complete shipment. Any order submitted pursuant to this quotation shall not result in a contract until it is accepted and acknowledged in writing by Neenah Foundry Company (SELLER). Prices are valid on orders entered within 30 days from date of quotation, with shipment at earliest availability. All orders are subject to review of buyer's credit status. Standard terms for qualified customers are Net 30 Days. Prices do not include tax. If tax exempt, please provide a sales tax exemption certificate at time of order or any applicable tax will be charged. NEENAH FOUNDRY COMPANY BY Jeff Kegermann Outside Sales Packet Pg. 110 9.D Resolution No. R-2020-41 : Consideration for Trustees to Approve a Recreation Lease with ComEd for the Village's Bike Path System ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff Recommends Approval ComEd has previously approved Village bike paths within ComEd Parcels by a recreational lease. This resolution renews this recreational lease for a Village bike path near the Park District Dog Park. ATTACHMENTS: • Recreational Lease Memo (DOCX) • Recreational Lease Resolution 2020-0721 (DOCX) • ComEd Lease (PDF) • Parcel map 267-286 (PDF) Trustee Liaison Stein Monday, August 17, 2020 Staff Contact Darren Monico, Public Works Updated: 8/13/2020 2:43 PM Page 1 Packet Pg. 111 9.D.a ;AA'W'E OF BUFFALO CROVE' MEMORANDUM DATE: July 21, 2020 TO: Dane Bragg, Village Manager FROM: Darren Monico, Village Engineer SUBJECT: ComEd Recreational Lease Renewal The Village has a bike path on several ComEd owned properties that are allowed via five separate recreational leases across the Village. Staff has been working with ComEd to update this specific agreement (T32-265 to T32-273) that has a Village bike path on several ComEd parcels located near the Park District Dog Park. This lease will have a twenty year length which is typical for these recreational leases. Packet Pg. 112 RESOLUTION 2020- 9.D.b A RESOLUTION APPROVING THE COMMONWEALTH EDISON RECREATIONAL LEASE FOR A BIKE PATH WHEREAS, a lease from Commonwealth Edison is required to properly accommodate the Village's bike path system; and WHEREAS, the Village is required to approve the recreational lease with ComEd to give permission for the Village to maintain a bike path on certain ComEd owned parcels as described in the lease. NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: SECTION 1. The Village Manager is hereby authorized and directed to execute the recreational lease, which is attached hereto and made a part thereof, subject to the review and approval of the Village Attorney. SECTION 2. If any section, paragraph, clause or provision of this Resolution shall be held invalid, the invalidity thereof shall not affect any other provision of this Resolution. SECTION 3. This Resolution shall be in full force and effect from and after its passage and approval. AYES: NAYES: ABSENT: PASSED: ,2020 APPROVED: .2020 APPROVED: Beverly Sussman, Village President ATTEST: Janet Sirabian, Village Clerk Packet Pg. 113 RECREATIONAL LEASE ,20 by and between COMMONWEALTH EDISON COMPANY and VILLAGE OF BUFFALO GROVE For and including the following described real estate CONTRACT NUMBER- 106562 R/W Name: DES PLAINES — WA U KEGAN PARCELS: T32-265THRU T32-273 NW, SW, SE 1/4 SECTION 27N, 28N, 34N, TOWNSHIP 43N, RANGE I I E OF THE THIRD PRINCIPAL MERIDIAN LAKE COUNTY-VERNON TWP, ILLINOIS COMED REGION NORTH PtN: 15-34-101-041,15-34-10�O-003,15-34-106-001, 15-34-117-003, 15-34-118-001, 15-34-100-009 RECREATIONAL LEASE THIS RECREATIONAL, LEASE the "Lease") is made as of 20_ by and between COMMONWEALTH EDISON COMPANY, an Illinois corporation ("Landlord") and the VIL1.,AGE OF BUFFALO GROVE (""Tenant"') a municipal corporation (hereinafter referred to as "Tellant") whose address is 51 Raupp Blvd., Buffalo Grove, IL 60089. WHEREAS, Landlord is the owner of various parcels of land oil or adjacent to the former rights - of -way of the Village of Buffalo Grove and more hilly described on Exhibit A ("Landlord's, Property"). NOW THEREFORE, Landlord, for and in consideration of the payment of Rent (as hereinafter defined) by 'tenant, an([ of the covenants, conditions and agreements of enant hereinafter set forth, does hereby lease and dernise to the Tenant (without warranty of title), and Tenant does hereby lease from Landlord, a portion of Landlord's property located in Lake County, Illinois as shown oil Exhibit A attached hereto and made a part hereof(the "Leased Preinises"), for the purposes, specified in Section 2 below. 1. TERM. A. The term of this Lease (the "Terra"') shall begin oil May 1, 2018 (the"Cornmencenient Date") and shall terminate oil April 30,,2028 unless sooner terminated as provided herein. 13. Subject to the terms and provisions of this Lease, Landlord hereby grants to Tenant one (1) option to renew this Lease oil the sarne terms and conditions (each, a "Renewal Option") for a renewal term often (10) years (each, a "Renewal Term"), If Tenant desires to exercise a Renewal Option, it shall notify Landlord in writing no earlier than, one (1) year and not later than one hundred eighty (180) days prior to the then current expiration date of the Term (before the operation of the Renewal Option being exercised); and, once exercised, shall operate to extend the Term to end concurrently with the Renewal Term set by the Renewal Option so exercised. C. Subject to Subsection LD, below, such notice shall only be effective if delivered at a time when Tenant is not in default hereunder and when to the knowledge of Tenant, no default, breach, unsatisfied I Packet Pg. 114 1 condition or other event has occurred or circumstances exist that constitute or which, with the giving of notice or [lie passage of" tinge (including the Ipassaage of tinge during which a deffiLlIt has occurred and has not yet been cured during any applicable grace period) or both, would constitute such a default. D� In addition to any other inspections of the 1-,eased Premises that Landlord may conduct during the 'ferin of this Lease, during the period between the exercise of a Renewal Option and the start of" the associated Renewal Term, Landlord shall review the Leased Premises and determine whether Temult is in compliance with the terms and conditions of the Lease. Landlord shall notify Tenant in writing if any deficiencies in the performance of Tenant's obligations tinder the Lease are discovered during such review and ally actions needed to correct them. Unless otherwise agreed in writing by Landlord, Tenant shall cortect any itern oil such notice prior to the start of (lie Renewal `feria in question. E. Prior to the beginning of any Renewal! Term, the parties shall execute an amendment to this Lease to memorialize such Renewal Term. If Tenant does not exercise a Renewal Option, such Renewal Option and all subsequent remaining Renewal Options (if any) shall thereupon expire. 2. PURPOSE ', The Leased Premises shall be used by'Fenant solely for the purposes ofa1'en ( 10') foot Wide recreational trail for pedestrians and bicyclists ("Tenant's Facilities"), in compliance with all Legal Requirements (as defined in the next sentence) and the terms and provisions of this Lease, and for no other purposes (the "Permitted Use"), For purposes hereof, the term "Legal Requili-ements" shall mean ,ill present and future laws, rules, orders, ordinances, regulations, statutes, requirements, codes (including the National Electrical Safety Code), executive orders, court orders, rules of common law, and any judicial. interpretations thereof, extraordinary as well as ordinary, of all governmental authorities, and all rules, regulations and government orders with respect thereto, and of any applicable fire rating bureau, or other body exercising similar functions, affecting the Leased Premises or the maintenance, use or occupation thereof, or any street, sidewalk or other property comprising a part thereof, regardless of whether imposed by their terms upon Landlord or , I-enant, or the use and occupancy thereof by Tertant. Tenant's use of the Leased Premises shall also be and remain subject to Landlord's superior right to LlSe all or any portion of the I.,eased Premises for its business purposes, including the installation, use and maintenance of any transmission, distribution or corn in tin ications improvements, fixtures, facilities, machinery, equipment and/or other property owned by Landlord and now or hereafter installed by Landlord oil or near tile Leased Premises ("Landlord's Facilities"), 3. R E N, r. A Base Rent, Landlord acknowledges its receipt ofthe payment of" Base Rent", a one-time payment by 'tenant ill the amount of One and No/100 Dollars ($1.00) and no other Base Rent shall be assessed during the term of this Lease. 13. Rent. For purposes of this Lease, the term "'Rent" shall mean (lie Base Rent, together with all other amounts due and payable by'renant to Landlord tinder this, Lease. C, Pavment of Rent. All Rent due and payable by Tenant under this Lease shall be paid to (lie following address-. Coninionwealth Edison Company Real Estate Departnient, 4"' Floor Three Lincoln Centel- 1 Packet Pg. 115 I Oakbrook Terrace, Illinois 60181 Attn: Lease fray anent DepartineW or to such other place as Landlord may from time to tirne designate in writing. All payments due froin Tenant hereunder which are not paid when due shall beat' interest at a rate equal to ten percent (10%) per annum from, the (late due until paid (tile "Default Rate"). Such interest shall be compounded monthly. Ill addition to, and not in fieu of; the foregoing (arid any other rights and remedies to which Landlord, is entitled under this Lease), in the event that any payment due from, Tenant hereunder is not paid within five (5) business days of the date that the same is due, then as late fee in the amount of tell percent (10%) of the Unpaid aniount shall be due and payable by Tenant to Landlord. All Rent shall be paid by Tenant without notice or demand, and without any set -Off, counterclaim, abatement or deduction whatsoever, in lawful money of tile United States by bank check or wire transfer of immediately available funds. 'tenant's obligations to Pay Rent are independent of each and every covenant contained in this Lease. 1. Net Lease. Except as otherwise provided in this Lease, the Rent herein shall be absolutely net to Landlord, so that this Lease shall yield, net to Landlord, the Rent in each year during the "I"el-Ill of this Lease and arty renewals thereof, and that all costs, expenses and obligations of every kind and nature whatsoever, relating to the Leased Premises which may arise or become due during the Terra of this Lease or any renewal or extension thereof, or as a result of Tenant's use or occupancy of the Leased Premises, shall be paid by Tenant, anal Tenant agrees to indemnify, defend (with counsel acceptable to Landlord) and hold harmless Landlord from all such costs, expenses and obligations. 4. TAXES. Tenant shall pay the following arnounts as -Taxes" to Landlord in each case no later than thirty (30) days after Landlord's wrillen demand therefor: A 'reliant's proportionate share of the land component of all real estate taxes for each tax parcel of which the Leased Premises is a part for all periods falling within the I'errn, which proportionate share shall be calculated as follows; (i) the total land component of each tax bill for each such real estate tax parcel which includes any portion of the Leased Premises, multiplied by, (ii) as fraction, the numerator of which shall be the acreage of the portion of'such tax parcel which falls within the Leased Premises, and the denominator of which shall be tile total acreage of such tax parcel; plus B All real estate taxes and other assessments which are allocable to any i in prove trients, structures or fixtures constructed, installed, or- placed by 'reliant at the Leased Premises for all periods falling within the Term, plus C Any increase in the real estate taxes and other assessments payable with respect to the Leased Premises (or any tax parcel of which the Leased Premises is a part) which is allocable to this Lease, Tenant's use or occupancy of the Leased Premises, or any improvements, structures or FIXtUreS Constructed, installed or placed by Tenant at the Leased Premises (but Without duplication of any amount payable pursuant to clause (B) above), for all periods falling within the Term; plus D For purposes of (his Lease, Taxes "for" or "with respect to" any particular period (or portion thereof) shall mean (lie Taxes which are payable during the calendar year in which any portion of such period falls, irrespective of the fact that such Taxes may have accrued with respect to a different period. D Tenant hereby covenants and agrees that Tenant shall, no later than the Tax Exemption Date (as hereinafter defined), at Tenant's sole cost and expense, execute and deliver all documents, instruments petitions and applications, and take all other actions which may be reasonably necessary and/or appropriate, in order to cause the Leased Premises to be exempted From tile payment of real estate taxes, to the extent that it is possible \VithOLJt the transfer of any ownership or change in the property owner name in, 1 Packet Pg. 116 1 Ilse records of die applicable taxing jurisdiction, Linder applicable Legal Requirements, Concurrently with the delivery of any such documents, instrunients, petitions and applications, Tenant shall furnish Landlord with Copies thereof. In the event thint Tenant is successful in obtaining any such real estate tax exeniption for the Leased Premises, then Tenant shall thereafter cause such real estate tax exemption to be continued for each tax year (or portion thereof) during which this, Lease is in effect (and Tenant shall execute such documents, instruments, petitions and applications, and take mich other actions which may be reasonably necessary and/or appropriate, to cause such property tax exerilption to be so continue(]), In the event that Tenant is LHISUccessful in obtaining or continuing any such real estate tax exemption with respect to the Leased Premises, then Tenant shall thereafter use commercially reasonable etforts to continue tra seek such exemption (or continuance thereof, as applicable) arid shall, from tinge to time if Landlord so requests, take such actions as may be reasonably necessary to apply for such exemption (or continuation); provided however, in no event shall Tenant have any power or authority to change, alter or modify in any way, the tax parcel number, property owner name or mailing address of the Lcased Premises in the records of file applicable taxing jurisdiction. For purposes hereof, the term "Tax Exemption Date" shall rilean the date that is the earlier ol' (i) sixty (60) days after the date of this Lease, or (6) the deadline for submitting a real estate tax exemption petition or application lot- the real estate taxes for the year in which this Lease is executed arid delivered. Notwithstanding any -thing contained in this paragraph, to the extent Tenant fails 0 to obtain aa. tax exemption with respect to the Leased Premises for any reason, Teiiant shall pay the 1 axes as required above in: this Section 4, U 51 CONDITION. Tenant has examined the Leased Premises and knows its condition. 'Fenant -0 U.1 hereby accepts the condition of the Leased Premises in its AS -IS, WIJERE-IS CONDITION, WIT14 ALL E FAULTS, No representations or warranties as to (lie condition, repair or compliance with Legal 0 Requirements thereof, and no agreements to make any alterations, repairs or improvements ill or about tile Leased Premises have been made by or on behalf of Landlord. By accepting possession of the Leased Premises, Tenant shall be conclusively presumed to have accepted the condition thereof and to have 004 unconditionally waived any and all clainis whatsoever related to the condition of the Leased Premises. N 6. MAINTENANCE; SERVICES AND UTILITIES. A. Tenant agrees at its sole cost and expense, to keep arid maintain the Leased Premises together with the adjacent open grass way area (such open grass way area together with Tenant's Facilities being the "Specified Area") I in a clean, safe, neat, sanitary and sightly condition and repair, arid commensurate with the conditions existing at the tirne this Lease is executed to Landlord's satisfaction at all times during the Tenn hereof WithOUt limiting the generality of the foregoing,'renant shall (subJect to the terms and provisions of this Lease and all at Tenant's sole cost and expense): (i) perform any and all necessary paving, grading, landscaping, cutting and rnowing of grass and weeds (including all Canadian thistles and other I'IOXiOLIS weeds and growths at the Leased Premises) and snow and ice removal, and (ji) promptly (arid if Landlord provides written notice, no later than three (3) business days after receipt of such notice) remove all litter, garbage arid graffiti frotil, and repair any vandalism (except for vandalism to Landlord's Facilities) to, the Specified Area or any nearby area, including, without hinitation, ally structure or bridge crossing used tbrTenant's Facilities, oil or near the Specified Area."tenant's obligations under this Section 6 are solely those of 'renant and Landlord shall have no responsibility to undertake such obligations or to perform any act ion required of Tenant hereu rider. B . Landlord shall not be responsible for furnishing or providing any services or utilities to the Leased Premises (or any costs or expenses associated therewith), but rather, 'Tenant shall be responsible, at Tenant's sole cost and expense, for providing all such services and utilities. Landlord has rii,,ide no representation, warranty or covenant of any kind regarding the availability (or future availability) ofally such utilities and services, and no filikire to provide or interruption of any such services or utilities or services shall give rise to any right or remedy in favor of "Tenant gander this Lease. Landlord may from tirrie I Packet Pg. 117 1 to firne, but shall have no olfligation to, maintain tile Leased Premises in accordance with its custornary maintenance prograin then in effect and Tenant shall have no right to require LandIord to maintain the Leased Prernises in any manner. C, 'tenant assurnes all of the responsibilities normally identified with the ownership of the Leased Premises, including, but not limited to, responsibility for tile condition ofthe Leased Premises, such as the operation, repair, replacement, maintenance and management of the Leased Premises, including, without limitation, repairs to rill buildings, structures, fixtures, equipment and other property thereon; provided, that (except as expressly set forth below) in no event shall Tenant maintain, repair, gain access to or in any way use or operate any of Landlord's Facilities. 7. SURRENDER OF LEASED PR,EMIS,ES-, RESTORATION. Tenant agrees that upon termination of the Terrn of this Lease, whether by expiration or otherwise,'Teriant will peaceably quit and surrender the Leased Premises to Landlord, and will, at its sole cost and, expense, remove Al 'renancs, personal property, fixtures, structures and improvements, and will, at Landlord's sole and absolute discretion, restore and regrade the Leased Premises to substantially the sarne condition the Leased Premises were in on the date hereof (other than any improvements, installations and modifications made by Landlord). 'rhis Section shall survive the termination or expiration of (lie Lease. 8. COMPLIANCE WITI-1 LAWS; WASTE; OTHER COVENANTS WrENANT. A. Gj e ' ner ' al ' . "I"enant, at its sole expense, shall comply, and cause the Leased Premises to comply, with all Legal requirements, Landlord's vegetation managernent practices and procedures and all ofthereqUireilleInS listed in Exhibits C-I and C-2attached tothis Lease and made parthercof. In addition, Tenant covenants and agrees that it will not commit waste, loss or darnage to the Leased Premises or any other property of Landlord. 13. Cliange in Law. Tenant acknowledges that Landlord may incur costs as a result of the enactment of riew Legal Requirements relating to tile Leased Premises, and/or changes, in Legal Requirements relating to the Leased Premises, "tenant agrees that any such costs incurred by Landlord for complying With Such new or changed Legal Requirements and due in whole or in part to " fenant's use and/or Occupancy of the Leased Premises shall be an expense recoverable by Landlord ftornTenant., To the extent any such expense paid by Tenant to Landlord is subsequently recovered by or reirribursed to Landlord through insurance or recovery frorn responsible third parties or other action, Tenant shall be entitled to a proportionate share (as reasonably determined by Landlord) of such recovery or reimbursement. c Notice of Violations. Tenant shall immediately provide Landlord with, written notice: (i) UPOn Tenant's obtaining knowledge of any potential or known violations ol'any Legal ReqUirenlents relating to the Leased Preinises, and/or (ii) of Tenant's reccipt of any notice, correspondence, demand or communication of any nature from any governmental authority related to the Leased Premises, including without limitation, any alleged or actual violation of any Legal ReqUirernents or any request for additional information, rejection or confintiation regarding any application for exemption Frorn real estate taxes. D1-leight and Other Limitations. No vehicles, eqUipruellt or anything, else (including, but not limited to, any equipment attached to vehicles or equipment such as antennas, and/or any trees, shrubs or other plants or vegetation planted or installed per Exhibit E at the Leased Premises by Tenant) having a height which exceeds the maximum allowable height under OSHA's height standards in effect from time to time during the "Ferin, shall be driven, moved or transported on the Leased Preniises without [,and lord "s Prior written consent. Tenant shall not allow any activity which could result ill a wire to ground electrical 1 Packet Pg. 118 1 contact or darnage to towers or poles; such as, flying kites, model airplanes, driving minibikes, go carts and snowmobiles, If Landlord so requests, Tenant will post signs prohibiting such activities. 9. ALTERATIONS. A. Qe�Ljy� Tenant shall not make any alterations, installations, improvements, additions, or other physical changes (collectively, the "Alterations") in or about the Leased Premises without Landlord's prior written consent in, each instance, which consent may be granted or (jellied by Landlord ill its sole and absolute discretion. Any Alterations shall be performed: (i) by Tenant, at Tenant's sole cost and expense (and Landlord shall have no duty or obligation with respect thereto), (ii) ININUant to plans and specifications approved in writing by Landlord (in Landlord's sole discretion), (iii) by contractors and subcontractors approved in writing by Landlord (in Landlord's sole discretion), ('iv) in compliance with all legal ReqUirements, and (v) ill a good and workmanlike manner, free of all liens Fenant shall, at'l"enant's Cn sole cost and expense, obtain any and all permits and approvals necessary for the perf'ormance of any Alterations, During the performance ofany Alterations, Tellant shall carry, and shall cause its contractors land subcontractors to carry, such insurance as Landlord shall, in its sole discretion, direct. Neither Tenant 1 .2 nor any of Tenant's authorized agents shall, at any time prior to or during the Tenn, directly or indirectly, M employ, or permit the employment of, any contractor, mechanic or laborer in the Lease(] Premises, or peninit P any materials to be delivered to or used in the Leased Premises, whether in connection with any AlteratiUon 0 ,or otherwise, if, in Landlord's solejudgment, such employment, delivery or use will interfere or cause any conflict with other contractors, mechanics or laborers engaged in the construction, maintenance or operation LU E of the Leased Premises (or any other property) by Landlord, Tenant or others, or (lie use and enjoyment of 0 tofSU C the Leased Premises by Landlord or other tenants or occupants of the Leased Premises. In the event 11 interference or conflict, upon Landlord's request, Tenatit shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Leased Premises immediately. At the sole discretion of C*4 Landlord, any proposed Alterations shall besubject to a review fee, the amount of which will be determined 0 C� by Landlord upon receipt of Tenant's, request for consent to such Alterations. Such fee shall be due and payable by Tenant within five (5) (lays from receipt of notice frorn Landlord of the arnount of such review fee and Landlord shall not be: required to consider Tenant's request for Landlord's consent to any Alterations until the review fee for such Alterations is paid, 13. Pavijig,, lrHljjiig_mend Planting, Without limiting the generality of the terms and provisions of Subsection 9.A. above, Tenant acknowledges and confirms that ally and all grading, leveling, adding or removing soil and/or paving of the Leased Premises (or any portion thereoO, and any and all planting, seeding and similar activities shall collStiftltC "Alterations" for purposes of this Lease, and shall be subject to each and all of the terms and provisions relating thereto. Ili any, event, any and till debris from any Alterations of Tenant shall be promptly removed from the Leased Premises by Tenant. In the event that, in connection Nvith Tenant's Alterations, Tenant elects to fill any low spots on the Leased Premises, only clean Fill (defined as not containing debris such its gravel, concrete, tree toots, brick or any contaminants) shall be used prior to the spreading of base fill underlying any paving. No paving or grading work (or similar work) of any kind will be undertaken within a ten (10) foot radius of any tower leg (or similar equipment, iinprovenient or facility) of Landlord. Paving shall be well drained, firm and solid blacktop (or other substance approved in writing by Landlord), and shall be neat and clean in appearance. Ili addition, I I and not in lien ofthe foregoing, ally such grading, leveling, paving, filling and/or planting or seec i ig of tlie Leased Prenlises shall comply with the terms and provisions of Section 12 below and Landlord's vegetation management practices and procedures. Tenant shall not cause or permit the existing ground grade on the [,eased Premises to be increased or decreased without Landlord's prior written consent, C. DraLn4ge Tenant covenants and agrees that no Alterations madeby Tenant pursuant to _ _ g� this Lease shall cause any surface water drainage problems for Landlord or any adjoining landowners. In fi 1 Packet Pg. 119 1 the event that any such water drainage problems are caused by Tenant's Alterations,, Tenant shall correct such problems immediately at Tenant's sole cost and expense. D. Tenant covenants and agrees that, in the event that Tenant installs (or is required (by Landlord or otherwise) to install) any fencing and/or gates ill connection with 'Fenant's Alterations at the Leased, Premises (or its use or occupancy of tile Leased Premises), Tenant will install, maintain and operate such fences and/or gates ill strict compliance with the requirements of L,':jijibits-�Lj and C-2, attached hereto and made as part hereof, and any and all other fencingand locking rules, regulations lations and guidelines which Landlord may deliver to Tenant frc)rn time to tinge prior to or during tile Term, Tenant also acknowledges and confirms that, fil connection with Landlord's review and/or approval of the plans and specifications for Tenant's Alterations at tile Leased Prernises (as provided in Subsection 9,A. above), Landlord may rewire, prior to or at any time during the Tenn cat gals Lease, that barriers ("Barriers") be iiistalled on tile Leased Premises in order to protect Landlord's Facilities and/or other equipment, improvements and facilities of Landlord and other users and occupants of the Leased Premises. Any such. Cn Barriers shall be installed, at Landlord's sole option, either: (i) by Tenant, atTenant's sole cost and expense, in a manner satisfactory to I,andlord, or (i i) by Landlord, in which event Tenant shal I pay to landlord, prior. —j to SUCII installation, Landlord's reasonable estimate of the cost of such installation of time Barriers. Any 0 barriers required to be installed hereunder shall be installed, maintained and operated by Tenant in strict compliance with the requirements of Exhibits C-I and C-2, attached hereto, and ally and all rules, U regulationsaild guidelines regarding barriers which Landlord inay deliver toTenant frorn time to time prior to or during the Term. LU E. Soil Removal. "Tenant hereby agrees that it will not remove anvy soil from the Leased Premises without the prior written consent of Landlord. Any soil removed from the Leased Premises to which Landlord consents (as provided in tile preceding sentence) sl�iall become the property of Tenant an(] shall be: (i) transported and disposed of by "I"enant (at its sole cost and expense) in a manner approved in C*4 writing by Landlord and in compliance with all Legal ReqUil-Crnenti, and (6) promptly replaced by 0 enant CN at its sole cost and expesise, with clean soil not contaminated with Hazardous Materials (as defined in Section 15 below). F. Third Pmiy Facir itLes. Tenant hereby acknowledges that tile Leased Premises may be used from time to time to accommodate equipment and facilities of other persons and/or entities (including, without limitation, pipeline and utility companies) which are (or will be) located on, above or below tile suit', , ace of the Leased Premises. Tenant agrees that it will contact any such persons and/or entities holding rights to use and/or OCCUPY the Leased Premises, and provide the proper protection reasonably required by such persons or entities, in connection with 'Tenant's Use and occupancy of the Leased Premises. Tenant Further agrees to Furnish Landlord copies of the: correspondence between any such persons or entities and `Tenant. Tenant agrees, that this requirement shall apply to any installations currently located at tile Leased Premises and any and, all future installations within tile Leased Prernises. G, Stspervi"ion, Landlord shall have the right (but not the obligation) to monitor and observe Tenant's performance of. any Alterations at the Leased Premises (or any component thereof) and, in the event that Landlord so elects, Tenant shall reimburse Landlord for any and, all costs of such monitoring and observation, together with a charge for Landlord's overhead, as determined by Landlord, in, tile event that Landlord elects to monitor or observe any such work, in no event shall I.,,andlord be deemed to have approved or made any representation or warranty regarding the same. it. Notification. In addition to and not in lieu of; Tenant's other obligations under this Section 9, Tenant also agrees to notify Landlord's Representative, at Telephone Number 866 340-284 1, at least seventy two (72) hours prior to tile collimenceinent of any Alterations at tile Leased Premises, Packet Pg. 120 10. INDEMNITY. To the maximum extent permitted under Legal Requirements, 'renant, agrees to protect, indemnify, defend (with counsel acceptable to Landlord) and hold harmless Landlord and Exclon Corporation, a Pennsylvania corporation, and, their respective parents, subsidiaries and affiliates, and their respective officers, director,;, shareholders, employees, representatives, agents, contractors, licensees,, lessees, guests, invitees, successors and assigns (collectively, the "Indemnified Parties") from and against any and all losses, costs, damages, liabilities, expenses (including, without limitation, reasonable attorneys' fees) and/or injuries (including, without limitation, darnage to property and/or personal in�jllrics) suffered or incurred by any of tile Indemnified Pat -ties (regardless of whether contingent, direct, consequential, liquidated or unliquidated) (collectively, "Losses"), and any and all claims, demands, suits and causes of a a ction brought or raised against any of the Indemnified Parties (collectively, "Claims"),, arising out of, resulting from, relating to or connected with: (i) any act or omission of Tenant or its officers, directors,, shareholders, employees, representatives, agents, contractors, licensees, lessees, guests, invitees, successors and assigns (collectively, "Tenant Group") at, on or about the Leased Premises, and/or (ii) any breach or violation ofthis Lease on tile part of"Terrant, and notwithstanding anything to the contrary in this Lease, such obligation to indemnify, defend and hold harmless the Indemnified Parties shall survive any termination or expiration of this Lease. This indemnification shall include, 'without limitation, claims made under any workman's compensation law M Under any plan for employee's disability arid death benefits (including, without Ihnitation, claims and demands that may be asserted by employees, agents, contractors and subcontractors), 11. WAIVER. Ally entry onto the Leased Premises by "I"enantaild, to the extent permitted by law, each and every member of the Tenant Group, shall be at such parties' sole risk, and Landlord makes (and has heretofore made) no representations or warranties of any kind whatsoever regarding (lie Leased Premises or the condition of the Leased Premises (including, without limitation, the environmental condition thereof), To the fullest extent permitted by law, Tenant and each member of theTenant Group hereby waives any and all claims, demands, suits and causes of action against the Indemnified Parties, and fully and Forever releases the Indemnified Parties, for any loss, cost, dainagc, liability orexpense (including, without limitation attorneys' fees) suffered or incurred by Tenant or any member of the Tellant Group in connection with anycntry onto the Leased Premises pitt'suant to this Lease. Without 1iii'iitiiiigtliegenerality of the foregoing, in no event shall any of' the Indemnified Parties be responsible or liable for any loss, damage, destruction, theflor nlisappropriation of any of the property of Tenant car any member of theTenant Group. This SCC6011 Will Survive termination or expiration of the Lease. 12 DIGGING WORK. IfTenant performs any grading, leveling, digging or excavation work on the Leased Premises (which work shall be subject to Landlord's prior written approval), Tenant will notify J.U.L.i1. at telephone number (800) 892-0123, (',U.A,N. at (3 12) 744-7000 if the Leased Premises are located in the City of Chicago, or in the event the Leased Premises are located outside J.U.L.I.E.'s or CITAX'sjurisdiction, any other services required by the utilities in the jurisdiction, at least seventy-two (72) hours prior to the commencement of such work in order to locate all existing utility lines that may be present oil the Leased Premises, If Tenant damages any such underground facilities in the course of` its work, Tenant will promptly reimburse Landlord or (lie owner of such equipment or facilities for ally and all expense incurred in repairing or replacing such damage. 13. CASUALTY. In the event of any damage to or destruction of the [,eased Premises, by fire or other casualty, which materially and adversely affiectsTenant's use and enjoyment of the Leased Premises for the purposes specified in this, Lease, then either Landlord or Tenant shall have the right, no later than ninety (90) days after such party becomes aNvare of such dam age or destruction, to terminate this Lease upon sixty (60) (lays' prior written notice to the other, Ili the event of any damage or destruction which is not so extensive, or in the event that Landlord arid Tenant elect not to terminate this Lease pursuant to the preceding sentence, then this Lease shall continue in full force and effect, and Tenant will promptly all(] diligently, at its sole cost and expense, repair, restore, rebuild and replace the Leased Pretnises, (and all I Packet Pg. 121 1 improvements, fixtures, equipment and property thereat) as nearly as possible to tile condition they were ill immediately prior to suds damage or destruction. Any such work shall be done in a manner satisfactory to Landlord, and in accordance with all Legal Requirements and tile terms and provisions of this Lease. Landlord, shall not be liable or responsible for any loss or damage caused to any property of T'cnant or any niernber of the Tenant Group (including, without limitation, any such loss or damage caused by fire, vandalism or other casualty) at any tirne during the 'ferny hereof 14. CONDEMNATION. If the Leased Premises, or a substantial part thereof, or a portion which prevents use of the Leased Premises for tile purposes specified herein, shall be taken or condemned by any competent authority for any public arse or purpose, tile Term shall end oil the date when the possession, of tile part so taken shall be required for such use or purpose, and Without appOrti01llllCnt of any condemnation award or proceeds (it being understood that Landlord shall be entitled to the entire auloUnt ofany such award or proceeds, and Tenant shall have no right to share therein). Then current Rent shall be apportioned as of the date of such termination, 15. ENV] RONMENTAL PROTECTION. A. Ge " neral. Tenant covenants and agrees that Tenant shall conduct its operations oil tile Leased Premises in compliance with all applicable Envirom-nental Laws (as hereinafter defined) and further covenants that neither ,renant nor any member of tile 1'enant Group shall use, bring upoll, transport, store, keep or cause or allow the discharge, spill or release (or allow a threatened release) ill each case of any Hazardous Materials (as hereinafter defined) in, on, under or from the Leased Premises, Without limiting any other indemnification obligations or 'renant contained herein, Tenant hereby agrees to protect, indejnnif�, defend (with counsel acceptabte to Landlord) and hold harmless the Indemnified Parties from and against any and all Losses and Claims (including, without limitation, (i) reasonable attorneys' fees, (ii) liability to third parties for toxic torts and/or personal injury claims, (iii) fines, penalties and/or assessments levied or raised by any governmental authority or Court, and (iv) assessment, remediation and mitigation costs and expenses and natural resource damage claims) arising out of, resulting from or connected with any Hazardous Materials used, bf'OUgflit upon, transported, stored, kept, discharged, spilled or released by Tenant, any member of the Tenant Group or any other person or entity (except for ally person or entity which is all Indeninified, Party) in, on, under or from the Leased Premises. For purposes of this Lease, tile term "Hazardous Materials" shall mean all toxic or hazardous substances, materials or waste, Petroleum or petroleum products, 'petroleum additives or constituents or any other waste, contaminant or pollutant regulated under or for which liability may be imposed by any Environmental Law. For purposes hereof, the term "Environmental Laws" shall mean all Federal, provincial, state and local environmental laws, statutes, ordinances, regulations and other requirements (including common law) regulating or imposing standards (if care with respect to the handling, storage, use, emitting, discharge, disposal or other release of. Hazardous Materials, including, but not limited to, the Resource Conservation and Recovery Act of 1,976, 42U.S.0§ 6901 et seq., the Clean Air Act, 42 US.C. §§740 1, et seq., tile Federal Water Pollution Control Act, 33 U.S.C. §§ 125 1, et sect., tile Emergency Planning and Community Right to Know Act, 42 U.S.C. §§ 1101, et sect., tile Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 US.C. §§ 601 et seq., the 'roxic Substances Control Act, 15 U.S.C. 601, et seq., tile Oil Pollution Control Act, 33 U.S.C. § §270 1, et sect., any successor statutes to tile foregoing, or any other comparable local, state or federal statute or ordinance pertaining to protection Of human health, the environment or natural resources, including without limitation the preservation of wetlands, and all regulations pertaining thereto, as well, as applicable judicial or administrative decrees, orders or decisions, authorizations or permits. 9 Packet Pg. 122 B, Wetla ' nds, If there are NveflPremises, on the Leased Preises, or if wetlands should develop on the Leased Premises during the Term, Teriant shall strictly comply with and observe all applicable Environmental 1,aws. At Landlord's request, Tenant shall, at Tenant's sole cost, furnish Landlord with a survey of the ].,,eased Premises delineating any wetlarid areas located on the: Leased Premises. Under no circumstances shall Tenant change the physical characteristics of any wetland areas located on the Leased Premises, or any other adjoining land or place any fill material on any portion of the I -eased Premises, or any adjoining land, without in each instance obtaining Landlords prior written, consent (which may be granted or withheld in Landlord's sole discretion), and only, then in compliance with applicable Environmental Laws. C. Notice of Violation/Rel ' ea ' se, Tenant shall provide Landlord with prompt written notice upon Tenant's obtaining knowledge of the existence of any I lazardous Materials on, in or under the Leased Premises in violation of Environmental L,aws, or of any potential or known release or threat of release of any Hazardous Materials affecting [tie Leased Premises. D, Survival. This Section shall survive the expiration or other termination or expiration of the Lease. 16. INSURANCE Tenant shall comply with the insurance provisions contained in Q attached hereto and truide a part hereof. 17. ZONING. Tenant hereby acknowledges that 1..,rindliord has made no representations that the Leased Premises may be used or is properly zoned For the Permitted LJse, and Tenant further agrees that it will (at its sole cost and expense) obtain all necessary peri,-nits and other approvals prior to undertaking the Permitted Use. Tenant assumes all obligations and responsibilities ror compliance with all Legal Requirements including, without limitation, all applicable zoning laws and ordinances, building codes and governmental regulations. This Lease is not preconditioned on Tenant obtaining any zoning or use permits or approval. This Lease does not constitute the authority to seek a zoning change to permit the Permitted Use, and in no event shall Tenant seek or apply for any such zoning change to the Leased Premises without Landlord's prior written consent, which consent may lie given or withheld in Landlord's sole and absolute discretion. 18. NO SIGNS., Tenant shall not place or permit to be placed by any person or entity (other than Landlord) on the Leased Premises any signs or billboards (including, without limitation, any advertising signs or billboards) without the prior written approval of Landlord, which approval Landlord may give or withhold in Landlord's sole and absolute discretion. Tenant may place signs on the Specified Area without the consent of Landlord relating solely to safety and directional matters involving the Permitted tJse. "Tenant agrees to place a sign in a visible area within the Specified Area that contains an acknowledgment of Landlord's assistance and cooperation with the Tenant with respect to the Permitted Use, a] I in a manner and foram reasonably acceptable to Landlord. 19. DAMAGE TO LANDLORD"S FACILITfES. 'Tenant agrees that in the event any work done by or on behalf of the "Tenant oil, the Leased Premises causes damage to Landlord's Facilities, Tenant will promptly` reimburse Landlord for any and all expense incurred for the repairing or replacenient of such damage, within thirty (30) days, after presentation to Tenant of,Landlord's statement therefor. 20. DEFAULT. AThe occurrence ofany of the hollowing shall be considered a "Default'%, 0 ca UP LU E 0 O W I Packet Pg. 123 1 (i) Tenant shall at any tinle fail to make any payment of Rent (or any portion thereof) or any other payments required of `Tenant hereunder when required, and such Failure continues for a period of more than ten (10) days (without necessity of any notice or demand therefor); or (ii) Tenant shall breach or violate any of its, duties 01' obligations set forth in Section 7 (Surrender of' Leased Premises; Restoration), Section 8 (Compliance with Laws), Section 16 (Insurance), Section 22 (Covenants Against Liens), Section 23 (Assignment and SUbletting) or Section 30 (Subordination; Estoppel) of this Lease; or (iii) Tenant shall at any finie be in default of any other covenants and conditions of this Lease to be kept, observed and performed by Tenant, which and such default continues for illore than thirty (30) days (or such shorter tinic period as may specifically be set foah, in this Lease) after notice from Landlord; or (iv) (his Lease or Tenant's interest therein, or any interest in Tenant, shall be assigned, transferred, mortgaged or pledged, levied oil or attempted to be taken by execution, attachment or other process of law, or if any execution or attachment shall be issued against Tenant, or any of Teriant's property in the Leased Premises shall be taken or occupied or allenipted to be taken or occupied by someone other than Tenant; or (v) a receiver, assignee or trustee shall be appointed for Tenant orTellant's property or if the Tenant shall life bankruptcy, or if involuntary bankruptcy proceedings shall be filed against Tenant; or (vi) Landlord shall receive notice of any alleged violation of ally Legal Requirements resulting from or in any way connected with'renant's use ofthe Leased Premises and such violation is not CUred (and all liabilities connected therewith fully satisfied) by Tenant prior to the earlier of (a) the last day of tile period permitted by Nw,,f(-,)r curing such violation or (b) the first date Landlord beconles subject: to any fine, penalty, lien, Judgment, order or other liability due to the continued existence of such violation; or (vii) Tenant shall abandon the Leased Premises or vacate same during (tie Term hereof. 13. If a Default occurs, Landlord may do any or all of tile following (all of which rernedies sliall be cumulative and not exclusive, and all of which remedies shall be in addition to, and not in lieu of, any other rights and remedies to which Landlord nlay be entitled Under this Lease, at law or in equity): (i) At its option, at once, without notice to 'tenant or to any other person, terminate this Lease and at its option, require payment in Full of the Rent dune for tile Unexpired term of the Lease; (ii) Enter into tile Leased Premises, and remove Tenant's property and effects therefrom, and/or take and hold possession thereof, without such entry and/or possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligations to pay Rent and perform all its other obligations hereunder for the full Tenn, andto relet tile Leased Premises or any part or parts thereof; either in the name offor the acCOUnt of Landlord or'Fenant, for such Rent and for such term and terns as Landlord may see fit, which terns tray at Landlord's option extend beyond the balance of the Terin of this Lease. Except to the extent required Under applicable Legal Requirements, Landlord shall, not be required to accept any tenant offered by Tenant or to observe any instructions given by the Tenant about such reletting. In any case, Landlord nlay make such repairs, alterations and additions in or to the Leased Prernises as it sees fit. Tenant shall pay Landlord any deficiency between the Rent hereby reserved and covenanted to be paid and the net amount of, the rents collected oil such releffing, for tile balance of the Terns of this Lease, as well I Packet Pg. 124 1 as any expenses nicurred by Landlord in such reletting, including, but not limited to attorney's 'fees, broker fees, the expenses of repairing, altering the Leased Premises, all(] otherwise preparing tile same for re -rental. All such costs, other than the rental, shall be paid by Tenant upon demand by Landlord. Any deficiency in rental amounts shall be paid in monthly instal inients, upon statelmilts rendered by Landlord tOTC11ant, Unless I-andlord has declared tile entire Rolt for the balance of the Term due, as elsewhere in this Lease provided. Any suit brought to collect the amount of tile deficiency for any one or more months' Rent shall not preclude any subseqtwilt suit or suits to collect the deficiency for any subsequent illonth's Rent; (iii) Re(joire that upon any termination of this Lease, whether by lapse of firric, the exercise of any option by Landlord to terminate the same, or in any other manner whatsoever, or upon any termination ofTenant's right to possessions without termination ofthis, Lease, the Tenant shall at once surrender possession of the Leased Premises to the Landlord and immediately vacate the same and remove all effects therefrom, except such as may not be removed under other provisions of this U) Lease. If Tenant fails, to do so, Landlord may forthwith re-enter the [.,eased Premises, with or without process of law, and repossess itself thereof as in its lbriner estate and expel and remove 'renant and any other persons and property therefrom, using such force as nlay be necessmy without .2 being deemed guilty of trespass, eviction or Forcible entry, without thereby waiving Landlord's M rights to Rent or any other rights given Landlord under, this Lease or at law or in equity; P U (D (iv) Remove, at its option if the Tenant shall not remove all effects froni the Leased Premises in this Lease as provided, any or all of such effects in any manner that Landlord shall LU vchoose all(] store the same without liability for loss thereof, and Tenant will pay Landlord, upon, demand, ally and all expenses incurred in sach removal and also storage of'said effects for any length of time during which tile same shall be in Landlord's possession or in storage, or Landlord mayat its option, without notice, sell any or all of said effects in such manner arid for such price Lis 0 04 the Landlord may deem best and apply the proceeds of such sale upon ally a0mounts due under this CN Lease morn the Tenant to Landlord, including tile expenses of removal and sale; & (v) Collect from Tenant any other loss or damage Landlord may sustain by reason of any breach (including, without limitation, the unamortized portion of any brokerage fee or conlinission paid by or oil behalf of Landlord to any broker or finder with respect to this Lease) and any din'linished, value ofthe Leased Premises resulting from said breach; (vi) Enjoin any such breach of this Lease by Tenant; and/or (vii) Take any and all corrective actions Landlord deems necessary or appropriate to cure the default ofTenant in question and charge tile cost thereof to Tenant, together with (i) interest at the Default Rate, and (ii) an administrative charge in an amount equal to tell percent ( 10%) of tile cost (if the corrective action to defray part of the administrative expense incurred Landlord in administering such Caere, Such paynient to be made by Tenant upon Landlord's presentment and dernand therefor, C. Except as specifically provided in this Section Tenant expressly waives the service of any notice of intention to terminate this Lease or to terminate Tcnant's right of possession of time Leased Premises or to re-enter the Leased Premises and waives the service of any demand for payment of Rent or for possessimi and waives the service of any and every other notice or demand prescribed by any statute, law or ordinance and agrees that the simple breach of any of the covenants of" this Lease (beyond ally applicable notice and cure periods) shall, of itself, without the service of any additional notice or demand whatsoever,, at Landlord's option, constitute a default oil the part of"I"enant. No receipt of monies by the I.andlord from, or rot the account of` Tenant or from anyone in possession or occupancy of the Leased 12 1 Packet Pg. 125 1 Premises after termination in any way of this Lease or after time giving of' any notice, shall reinstate, constitute or extend the Term of this Lease or affect any notice given to the Tenant prior to the receipt of such money, it being agreed that after time service of notice of the commencement of as suit, or after final judgment for possession of the Leased Premises, Landlord tray receive and collect ,my Rent or Other arnCLInts due Landlord and such payment not waive or affect said notice, said suit, or saidjudgment. D, Any and, all lights and remedies which Landlord may have Under this Lease at law or in equity, shall be cumulative and shall not be deerned inconsistent with each other, and any two or more or all of said rights and remedies may be exercised at the same time or at different times and from time to time. 13If Landlord is required to incur expense, legal, incidental, or consequential, because of tile breach ofthis Lease by Tenant, the Tenant shall promptly reimburse Landlord for such expense Upon being given as written itemization and explanation thereof. In the event of commencing a court action as a, result of any breach, it is agreed that such expenses are to be considered a part of time damages claimed in said action and any expense incun-ed in prosecuting that action shall be included. It is agreed that time. term "expenses" as used herein shall include, but not be lirnited to, attorney's fees, court costs,, district Justice costs, and any and all other costs and expenses reasonably related to such breach. F. Tile failure of Landlord to enforce rights under this Lease on one or numerous occasions shall not affect the Landlord's ability to enforce that right oil any subsequent occasion or occasions. G. Upon the occurrence of a Default or any breach or default under this Lease by Tenant, Tenant shall be liable for and shall reimburse Landlord upon demand for all reasonable attorney's fees and costs incurred by Landlord in enforcing Tenant's obligations under this Lease, whether or not Landlord files legal proceedings in connection therewith. H, In the event that a Default shall occur and Landlord elects, to terminate this Lease, Or Upon expiration of this Lease, Tenant shall not be relieved Of its duties or obligations under this Lease so long as Tenant or any of Tenant's property remains on the Leased Premises. Additionally, any rights and obligations created under or by this Section shall survive termination or expiration of this Lease. 1, In the event of a threatened breach by Tenant of any of the covenants or provisions ofthis Lease, Landlord shall (without limiting any of Landlord's other rights or remedies Ilerewulder, at law or in equity) have the right to enjoin any such threatened breach. 21. LA14ITAT10N ON 'LIABILITY. it is expressly understood and agreed by Tellant that none of Landlord's covenants, undertakings or agreements continued, in this Lease are made or intended as personal covenants, undertakings or agreements by Landlord oirany entity which is affiliated with Landlord its parent or subsidiaries. "Fenant specifically agrees to took solely to landlord's interest in the Leased Premises for time recovery ofany sums, damages, awards or - judgments from Landlord. It is agreed that neither Landlord, nor any entity which is affiliated with Landlord (nor any of their respective parents or subsidiaries, nor any of their respective shareholders, venturers, officers, directors or employees) shall be personally liable for any such, sums, damages, awards or judgments. This Section will survive termination or expiration ofthe Lease. 22. COVENANTS AGAINST LIENS. Tenant hereby covenants and agrees that it will not cause Or permit ally, lien (including, without limitation, any mechanic's lien) or claim for lien to be asserted against time [.,eased Premises or any interest therein, whether such lien or claim for lien results from or arises Out of -aiiynienibei�oftlie'I'Cllallt(II-OLIporotlierwise� Intheeventanysuchlien any act or om ission of Tenant or or claim for lien is filed, Tenant will immediately pay and release the same, dim tlicevent such lien orclaim 13 1 Packet Pg. 126 1 of lien, is not released and rernoved within five (5) days after notice froul, Landlord, Landlord, at its sole option and in addition to any of its other rights and rernedies, rnay take any and all action necessary to release and remove such lien or clairn of lien (it being agreed by Tenant that Landlord 'shall have no duty to investigate the validity thereof), and Tenant shall promptly upon notice thereof reinibUl-SC Landlord for all SUITIS, costs and expenses, including court costs and reasonable attorneys' fees and expenses, incurred by Landlord in connection with such lien or clairn oflien. Tenant hereby agrees to indemnify, defend and hold harmless Landlord fi-orn and against any and all fiens or claims for lien arising out of or in, any way connected with Tenant's use and occupancy of the Leased Prernises, Any rights and obligations created under or by this Section shall survive termination or expiration of this Lease. 23. ASSIGNTEN" TANDSUBLETTING. Tenant shall not,, directly or indirectly, assign, mortgage, pledge, encuniber, or otherwise transfer this Lease (or any interest ofTenatit herein), whether by operation of law or otherwise, and shall not sublet (or underfet), or perni it, or stiffer the Leased Prern ises or any part thereof to be used or occupied by others, without Landlord's prior written consent in each instance, which consent may be granted or denied by Landlord in its sole and absolute discretion. Any assignment, sublease, mortgage, pledge, encurnbrance or transfer by "tenant in contravention of the provisions ofthis Section shall be void. For purposes of this Lease any transfer, directly, indirectly or by operation of' law, of a "controlling" interest in 'reliant shall constitute all assigruilent of this Lease, and shall be subject to time tertils and provisions of this Section. For purposes hereof, a "controlling" interest in Tenatit shall mean: (a) the ownership, directly, or indirectly, of a majority oftlic Outstanding voting stock or interests of Tenant, or (b) the possession, directly or indirectly, of the power to direct or cause the direction of the rnanabletilent and policies of Tenant, whether through the ownership of voting securities or other Ownership interests, by statute, or by contract. 2,4, TERMINA,rm, Prior to the end of the Terni, this Lease nlay be terrninated at any firric by either of time parties, hereto by giving ninety (90) days prior written notice to (lie other party of such termination, This Lease inay also be terminated by Landlord, if Landlord is required to do so by a regulatory body, by a court of competent jurisdiction or I.,,egal Requirernents. In the event this Lease is terminated for any reason, any Rent paid in, advance shall be prorated to the effective date of` such termination and time unearned portion thereof refunded to Tenant. 25. LAND1,01RD'S RIGHTS, The rights of time Landlord to utilize the Leased Premises in its utility business, at all tunes, will be and remain paramount to the rights herein granted to Tenant by Landlord and nothing stated herein is to be construed as restricting 1,andlord from granting rights to other parties or persons in, upon or under the Leased Premises. Without limiting the generality of the Foregoing, the parties specifically refer to rights relating, to sewers, Nvater pipes and mains, drainage tiles and pipes, gas remain and pipelines and other associated uses. In addition, Landlord shall have the right to enter upon, tile Leased Preinises at any tune and front time to, time during tile Terni to (a) show time same to prospective tenalits, inortgagees and/or purchasers, arid to place "For Rent" and/or "For Sale" signs thereon and (b) to conduct any and all vegetation nianagenlent in, oil, or about the Leased Preniises in accordance with 1.,andlord's then current vegetation managenient practices arid procedures. 26, RIG14T OF ENTRY. 'renant agrees that Landlord and Landlord's agents, representatives, eiriployces, contractors, licensees, invitees, tenants, successors and assigns (collectively, "Landlord Parties"), shall have time right to enter the Leased Premises at any time Landlord deems necessary, to alter, modify, augment, supplernent, improve, upgrade, use, operate, repair, replace, install, construct, maintain or protect Landlord's Facilities arid to conduct vegetation rnanagenictit activities, including the right to cut down, trini and rernoveany trees, brush or other vegetation that interferes with or potentially interferes with Landlord's Facilities oil the [-,eased premises as Landlord cleenis necessary in its sole discretion. Teriant shall not plant any trees or other vegetation on the Leased Prernises without the prior written consent of Landlord which it may withhold in its sole discretiort, Landlord has time right to require Teriant to reillove 14 Packet Pg. 127 and relocate any paving, improvements or property owned or used by Tenant at [lie Leased Premises, ill connection with the use, operation, maintenance, repair, installation and/or removal of Landlord's Facilities by any Landlord party, and/or or in connection with any other Else (present or future) ofthe Leased Premises by the Landlord Parties, all of Mnch removal and relocation shall be at Tersatit's sole cost and expense. In the event that Tenant Fails to remove and/or relocate any SUCh paving, improvements or property upon notice froin Landlord, then Landlord shall have the right (but not the obligation) to remove such paving, iti-sprovernents or property oil "Tenant's behalf', and at 'Tenant's cost, and Tenant shall promptly reirnburse Landlord for any costs and expenses paid or incurred by Landlord in connection, therewith. Tenant agrees that it will cooperate with Landlord in connection with, any entry on, and work at, the Leased Premises by the Landlord Parties, and shall coordinate Tenant's use of the Leased Premises with any use of the Leased Premises by any ofthe Landlord Parties, including but not limited to vegetation management. Landlord shall not in any event be liable for inconvenience, disruption, disturbance, loss of business or other damage to Tenant by reason of any entry on, or work at, the Teased Premises by any Landlord Pasty, or on account of bringing materials, supplies, and equipment into or through the Leased Premises. Tenant understands Cn M that the business of" the Landlord involves, artiong, other things, the construction, installation, maintenance, operation, and use of Landlord's Facilities now or which may hereafter be erected or installed upon, along, oil, over, across or tinder the Leased Premises, or property adjacent thereto, which, are used or useful in 0 connection with the generation, conversion, transmission or distribution of electricity and gas and M communications services. 'Tenant covenants and agrees (as a specific condition of this Lease) that Tenant P U and each niernber of the Tenant Group will not, tinder any circurnstances whatsoever, touch, handle, tamper CD W with or contact, directly or indirectly, any of the Landlord's Facilities, nor damage, destroy, interfere with,, obstruct or otherwise adversely affect, Landlord's Facilities, E 0 27. LA DLORD'S RIGHT TO TRANSFER. This Lease shall not in any, manner or to any extent lit -nit or restrict the right of Landford to use or dispose of the Leased Premises as Landlord tnay in its disci-etioiidesire, stib.iecttorights of'l'etianthereLindet°, Landlord shall have the right, Without notice to or 04 0 consent from Tenant, to assign this Lease to any person or entity that succeeds (directly, indirectly or by CN operation of law;) to any of 1,andlord's right, title or interest in onto the Leased Premises, 28. TENANT'S PROPERTY. It is expressly understood and agreed that all equipment and other personal property that Tenant may install upon the Leased Premises during the Term shall remain tile, property of "Tenant and, shall be removed by Tenant (as set forth in Section 7 hereon, at its sole cost and LU E expense, at the expiration of the term of this Lease or at any time prior thereto. .0 29. HOLDING OVER. Tenant shall have no right to rernain in possession ofall or any part of the LeasedPremises after the expiration of the Term. In the event that Tenant rernains in possession of all or any part of the Leased Premises after the expiration or, earlier termination of the Term, at Landlord's, option (exercised by giving "Tenant written notice): (a) such tenancy shall be deemed to be either (at Landlord's sole option) a periodic tenancy from month -to -month only, or a tenancy at sufferance terminable at will by Landlord; (b) such tenancy shall not, unless Landlord otherwise elects (,as set forth above), constitute a renewai or extension of this Lease for any further Term; and (c) such tenancy may be terminated by Landlord upon the earlier of thirty (30) days' prior written notice or the earliest date permitted by law. Ili the event Tenant remains in possession after the expiration or earlier termination of [lie Term, then,. (i) Landlord shall have the right to charge Tenant a monthly Base Rent equal to Landlord's estimate (as determined by Landlord in, its, sole discretion) of two hundred percent (200%) of the fail- market monthly rental value ofthe Leased Premises, and any other sums due under this Lease shall be payable in the arnount and at the times specified in this Lease, and (ii) "Fenant agrees to the extent permitted by law to indemnify, defend (with counsel acceptable to Landlord, which acceptance shall not be unreasonably withheld) and h6ld the indemnified Parties harmless from and against any and all Losses and Clairns sustained, incurred and/or brought against any of the Indemnified Parties by reason of such retention of possession of the Leased Premises (which may include, without limitation, any Clainis tnadc by any, actual or prospective Packet Pg. 128 subsequent lessee or other user or occupant of the Leased Premises or any portion thereof). Any such rrionth-to-111011th tenancy of tenancy at sufferance shall be subject to ever), other term, condition, and covenant contained in this Lease. 3O. SUBORDINATpON- ESTOPPEL. A. This Lease and the rights or Tenant hereunder shall be and are hereby made expressly subject and subordinate at all times to the lien of any Illortgage now or hereafter existing against all or any portion of the Leased Premises, Tenant acknowledges that its title is and always shall be subordinate to the title: of the owner of the Leased Premises, and nothing herein contained shall empower Tenant to do any act which can, shall or may encumber the title ofthe owner of the Leased Premises. In confirmation of such subordination, Tenant shall promptly execute and deliver any instrument that Landlord or any mortgagee of Landlord may request to evidence such subordination no later than ten (10) business days after Landlord's request therefor. tf arty rr!tortga ee of`1..r iidlord (or its sr:rccessors err assigns), or any other ersolI or entity, shall succeed to the rights of Landlord under this Lease, whether through possession or foreclosure action or delivery of a new lease or deed, then at the request of such party so succeeding to Landlord's rights ("Successor Landlord") and upon Successor Landlord's written agreement to accept Tenant's attornment,'Fenant shall attorn to and recognize Successor Landlord as Tenant's Landlord under this Lease, and shall promptly CXCCUtc, and deliver any instrument that Successor Landlord may reasonably request to evidence such attornment. Upon such attornment this Lease shall continue in full force and effect as, or as if it were, a direct lease between Successor Landlord and Tenant upon all of the terms,, conditions and covenants as are set forth in this Lease and shall be applicable after such attornment, R, Tenant agrees, at any time and from time to time, as requested by Landlord, upon not less than ten (10) days' prior notice, to execute and deliver to Landlord a written statement executed and acknowledged by Tenant, (a) stating that this Lease is then in full force and effect and, has not been modified (or if modified, setting Ibi-th all modifications), (b) setting forth the Base Rent, (c) setting forth the date to which the Rent has been paid, (d) stating whether or not, to the best knowledge of the Tenant, Landlord is in default under this Lease, and if so, setting forth the specific nature of all such default, (e),stating whether there are any subleases affecting the Leased Premises, (1) stating the address of Tenant to which all notices and communication under the Lease shall be sent, and the Commencement Date, and (g) containing ally other matters reasonably requested by Landlord. Tenant acknowledges that any statement delivered pursuant to this paragraph may be relied upon by others with whom Landlord may be dealing, including any purchaser or owner of the Leased Premises, or of Landlord's interest in the Leased Premises or any lender or tuortgagee of Landlord, If Tenant fails to execute and return such written statement to Landlord Within such tell (10) day period, such failure shall constitute Tenant's agreement as to the accuracy of the inforniatiot) contained in the written statement Submitted to Tenant by Landlord, 31. MISCELIANEOUS. A. Illinois Comnierce Conlrnission App[oyal. Landlord and, Tenant acknowledge that Landlord is a public utility regulated by the Illinois Commerce Collu-nission ("Commission") and other governmental authorities, and this Lease and the obligations of the parties hereto are subject to all Legal Requirements applicable to Landlord as a public utility. A Ithough it is not expected that the Commission's or other governmental authorities' approval will be required for this Lease, the rights and obligations of the parties hereunder are conditioned upon the Cornmission's and any other applicable governmental authorities' approval of this ]-,ease, under any circumstances in which such approval is required. It is further agreed and understood that this Lease may be terminated by Landlord immediately at any time in the event that Landlord is required to do so by the Commission or sonic other governmental authority, 16 1 Packet Pg. 129 1 13. Notices, Whenever notice is required to be given pursuant to this Lease, the saine shall be either personally delivered, sent by as nationally recognized overnight delivery service, postage prepaid, or sent via United States certified mail, return receipt recitiested, postage prepaid, and addressed to the parties at their respective addresses, as follows: I I'to Landlord: Cornnionwealth Edison Company Three Lincoln Centre 4th Floor OakbrookTerrace, IL 60181 Attn: Real Estate Asset Management with a copy to: Exclon Business Services Company, LLC Law Department 10 South Dearborn Street, 491" Floor Chicago, Illinois 60603 Attn*. Assistant General Counsel — Real Estate If to Tenant: Village of Buffalo Grove 51 RaUpp Blvd. Buffalo Grove, Illinois 60089 Attn: Village President Car at such other addresses as any party, by written notice in the manner specified above to the other party hereto, may designate from time to time, Unless otherwise specified to the contrary in this Lease, all notices shall be deemed to have been given upon receipt (or refusal of` receipt") thereof. C. Prof ' ii 1) '- ition on RecordiRg. To the maximum extent permitted gander LegaR l equirements, Tenant agrees not to record this Lease, This Section will survive the termination or expiration. of this Lease. D. Waiver of ly�Triajl. Landlord, and Tenant, by this Section, waive trial by jury in any action, proceeding, or counterclaim brought by either of the pat -ties to this Lease against the other on array niatters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the Leased Premises, or any other claims, and any emergency statutory or any Miter statutory reiiiedy. F21. Qijj6ons, The section headings appearing in this Lease are for convenience of reference only and are not intended, to any extent and for any purpose, to limit or define (lie text of any section or any subsection hereof. J"" . inch ig_Effect. The covenants, conditions, and agreements contained in this Lease will bind and inure to the benefit of Landlord and Tenant and their respective heirs, distributees, executors, administrators, successors and permitted assigns. in the event that Tenant is comprised of more than one individual or entity, , the obligationsofstich individuals Carr entities under this Leaseshrill bejoint and several. 17 Packet Pg. 130 G Entire Ag!�eenient, This Lease, the exhibits and addenda, if any, contain the entire of between Landlord and Tenant regarding the subject matter hereof; and fully supersede all prior written or oral agreements and understandings between the parties pertaining to such subject Ynatter. No promises or representations, except as contained in this Lease, have been made to Tenant respecting (lie condition or the manner of operating the Leased Premises. H. Further Assurances. Each party agrees that it will execute and deliver such other documents and take such other action as may be reasonably requested by the other party to effectuate tlae purposes arid, intention of this Lease. 1. No Waiver. 'rhe failUre of either party to enforce at any time any provision of this [.,ease shall not be C011StrUed to be a waiver of'such provision, nor in any way to affect the validity ofthis Lease or any part hereof or the right of'such party thereafter to enforce each and every such provision. No waiver of any breach of this Lease shall be held to constitute a waiver of any other or subsequent breach. 1. oThird Parr lyeite_Bi agree and acknowledge that, except as — jaries. Landlord and'fenatit --te expressly set forth herein, there are no intended third party beneficiaries ofthis Lease nor tiny ofthe rights and privileges conferred herein. K, C governed by and construed tovq! The terms arid provisions ofthis Lease shall be in accordance with the laws of the State of Illinois. With respect to any suit, action or proceeding relating to this Lease (each a "Proceeding"'), the parties, hereto each irrevocably. (a) agree that any such Proceeding shall be commenced, brought, tried, litigated and consummated in the courts of the State of Illinois located in the Comity of Cook or (as applicable) in the United States District Court for the Northern District of Illinois, (b) submit to the exclusive jurisdiction of the courts of the State of Illinois located in the County ofCook and the United States District Court for the Northern District of Illinois, and (c) waive any objection which they may have at any time to the laying of venite ofany Proceeding brought in any court, waive any claim that any Proceeding brought in any such court has been brought in an inconvenient foruni, and farther waive the right to object, with respect to such, Proceeding, that any such court does slot have jurisdiction over such party. 1- Counterparts. This Lease may be executed by the pat -ties in counterparts, Each such counterpart shall be deemed an original and all such counterparts, taken together, shall constitute one! and the sauce agreement. K Subordinate. This Lease, and all of"Tenant's rights and interests hereunder, are subject and subordinate to any and all recorded and unrecorded easements, licenses, leases and permits, and all other matters (whether recorded Or Unrecorded) affecting [lie Leased Premises (or title thereto) dated prior to the date ofthis Lease. N. Severabi I . If any term, provision or condition in this Leased shall, to any extent, be 4hLI i!Y invalid or unenforceable, the remainder ofthis Lease (or the application of such tens, provision or condition to persons or c ircunistances other than in respect of wh i ch, it is i nva I i (I or unenforceable) shall not be affected thereby, arid each term, provision and condition ofthis Lease shall be valid arid enforceable to the fullest extent permitted by law. 0, Time jai' the Essence. 'Time is of the essence of this Lease, and each arid every term and provision hereof. P. No Partner 1, ip. None of the terms or provisions of this I.,eage shall be deemed to create a � i- - partnership between or among the parties hereto in their respective businesses or otherwise, nor shall any 18 Packet Pg. 131 of I lie ternis, or provisions of" this Lease cause thein to be consideredjoint venturers ormembers of any joint enterprise. Q Not all Enin .. lovec. By signing this, Lease, Tenant affirms and states that it is not all employee of Countrionwealth Ec lison Conipany nor Exelon (._,'orporation, nor any of their respective parents, subsidiaries or affiliates, nor does Tenant have any affiliated interest in any such entities. R, No Oral Chanae, This Lease cannot be changed orally or by cotirse of conduct, and no executory agreement, oral agreement or course of conduct shall be effective to waive, change, modify or discharge it in whole or in part unless the same is in, writing and is signed by tile party against whoill enforcernent of any waiver, change, modification or discharge is sought. Si Tenant's Ant liority, Tenant represents and warrants that it has full right, power and authority to execute and deliver this Lease, and to perform each, and all of its duties and obligations hereunder. If Landlord so requests,'Fenant shall provide Landlord with reasonable written evidence of such right, power and authority, T. 'Termination of Le Ba ' Les sed Upon Chaee nInaw L. IF any R Legal equirement is enacted or modified during the'l"erm, and such enactment or modification places any additional niaterial burden oil Landlord (as determined by Landlord) as a result of Tenant's use or occupancy of the Leased Premises for ally PUrPOSC, or if the use of tile Leased Premises by Tenant would violate ally Legal Requirements hereinafter enacted or modified, then (without limiting any other rights or renledies of Landlord herevulder) Landlord shall have tile right to tertninate this lease effective as of' the effective date of such Legal Rel:,juirement is so enacted or modified. U jI, 'file parties acknowledge that the parties and their counsel have reviewed and revised this Lease and that the normal rule of construction to the effect that any anibiguities are to be resolve(] against the drafting party shall not be, employed in the interpretation of this Lease or any exhibits or amendments hereto, V, Brokers. Tenant represents and warrants to Landlord that "tenant has dealt with no broker, Finder or similar person or entity in connection with this Lease, or Tenant's, use or occupancy of the Leased, Premises. Tenant agrees to indemnify, defend (with counsel acceptable to Landlord) and hold Landlord harmless from and against any and all Claims and Losses brought against, sustained or incurred by Lzindlord by reason of Tenant's breach of tile foregoing representation and warranty. W, "Teriant's Alltligrjty_j��, This Lease shall be executed for and on behalf of the Tenant pursuant to a resolution adopted by the County Board, of Tenant, at a regular meeting held 20_, and signed by the officers, therein designated as signatories and attested by tile clerk of Tenant. X Confidentiality, Tenant acknowledges and agrees that the terins and, conditions of this Lease, including, without limitation, the Rent, and all other books, records, documents, Files and other information, whether computerized, written or oral, pertaining to Landlord,, Landlord's affiliates or the Leased Premises which was or shall be provided to'Tenant From the negotiations of this Lease throughout the term of tile Lease (collectively, "Confidential Information") is nonpublic, confidential or proprietary relating to Landlord,, its business operations and the Leases Premises, and that Landlord, would be irreparably darnaged if Tenant's confidential knowledge of such information were disclosed to or utilized on behalf' ofany other person, firm, corporation or any other tenant of Landlord. "tenant agrees that any Confidential Information provided to Tenant is, and shall remain, property owned by Landlord, and, Tenant shall have no right in or to such information other than to use the Confidential Information for the purposes 19 Packet Pg. 132 set forth in the Lease. Tenant agrees to keep confidential and agrees to cause its respective employees, associates, agents, attorneys and advisors to keep confidential any and It of Confidential Information. Landlord acknowledges that Tenant is a municipal corporation, and information is permitted to be disclosed at a public meeting but only to the extent law requires such disclosure. Y. Additional Re -firenients. Tenant shall comply the Additional Requirements listed of] Exhibit E attached hereto and made a part hereof. (REMAINDER OF -ME PAGE INTENTIONALLY LEFT BLANK] 20 1 Packet Pg. 133 1 Form Recreation Lease Revised 8/17/15 IN WI'TNESS WHE1.E011. Landlord tared' Tenaw have executed this Lease on the date First Avriticai above. W21w, LANDLORD: COMMONWEALTH EDISON COMPANY 13y: . . . . . . . . . ........................ Name', Its: Director, Real Estate wid Facilities z (n TENAN'r VILLAGE OF BUFFALO GROW" 0 cC Name: -0 LU Title„ E 0 u 04 0 By: N w EX11113rrs A Leased Premises B Base Rent Schedule C- I &, C-2 Fencing mid Barrier Requiremciit), D Insurance Requiremeii(s E Additional Requiremetits 3108551 Packet Pg. 134 EXHIBIT A Leased Premises LEASED PREMISES: Wo= CONTRACT NUMBER: 106S62 R/W Name. DES PLAINES -WAUKEGAN PARCELS: T32.265 THRU T3,2-273 NW, SW, SE 1/4 SECTION 27N, 7914, 34N, TOWNSHIP 43N, RANGE 11E OF THE THIIRD PRINCIPAL MERIDIAN LAKE COUNTY-VERNON TWP, ILLINOIS COMED REGION NORTH PIN: 15-34-101-041,15-34-100-003,25-34-106,-00l, 15-34-117-003, 15.34-118-001,15-34-100-009 I Packet Pg. 135 1 9.D.c XIIII31T Base Ream Schedule lintentionally blaankp u 3086306 6 Packet Pg. 136 EX1,11BIT C-land C-2 Fencing and Barrier Requirements 6- 16-94 --of REVISES SPEC, DATED 3-9-81 C9522 PAGE 1 0, 1 110— 6-16-94 C9522 PAGE I OF I LOCKING ARRANGEMENTS FOR TRMSUISSION RIGHT—OF—WAY GATES & TRANSMISSION LINE TERMINAL$ MI MUM VAMU Ll= SINGLE !CAN ARRANGrAIEW - PETITIONER'S LOCK �QI.2 ARRANGEMENT FOR TWO OR MORE LOCKS aim j DESCRIPTION Em N IjNrT LOCK, PADLOCK, SRACKLE OPENING Ek 1 1/Z IN. X 3/8 IN L PLATED STEEL 786756 FFT. 3 3 8 STWdGHl UNV, CHAIN, fIOT DIPPED CAlVM ENGINEERING INFORMATION I. CHAIN ORDERING DESCRIPT*N 5rRAJGVtT LINK CHAJNMADE WE 5/CN WJERIAL DIAMETER 0,26 IN , UNK MOTH 0,44 IN Y LINX LENGTH h,5? IN "WISMISSION RFILWAL17)1 AND STMDARDS COMMONWEAL11i EDISON CO,MPAW SYSTEM STANDARD X _1 3086306 Packet Pg. 137 6-1-00 CONSTRUCTION SPECIFICATION a- 1 -00 C9520 RE"SEO SPECIFICATION DATED 1-15-99 C9520 PACE I OF 7 PAGE I OF 7 PROTECTIIIERS FOR TRANSWSSION! STRUCTURES (69KV AND ABOVE) PROTECTIVE BARRIERS FOR TRANSMISSION STRUCTURES ADJACENT TO PARKING AREAS (USING CONCRETE —ALLED STEEL, PIPES) C95201 IOWER 45 SEE DE TAR A, LE h p1m TYPICAL ]OWER LEG PROIEC11ON EN'570.11 WOOD OR STEEL POLE (0IAMETFR LESS THAN 66-) 0 _4'-0" 12*-0' rYPICAI. WOOD OR STEEL POLf,' PROl'ECTION C952O12 CONCPETE CROWN 8, STEEL PIPE FILLED WD,i CONCRETE 0 (APPROX. SEAN 80 EEC. BAGS PER PPS 1) I,—,---PIPF SET IN CONCK TE, MM HOLE DIA. 12" 1� STANDARD SPECIFICATION DISTRIBUTION COOE: X 3086306 Packet Pg. 138 8-1-00 C9520 PACE 2 OF 7 PROTECTWE BARRIERS FOR TRANSMISSION STRUCTURES NEAR ROADWAYS (UISING HIGHWAY GUARDMIL) C9i520.2,—, 4' MAX, x, 36 O (MAX) OUTLINE OF IlAli 4,(5).. [SEE DETAIL--C z .._SEE OE TAIL - 8: (PAGE 4) (PAGE 3) elm IYPICAL IOWER PROTECTION ON ALL SIDES 09520.21 OUTLINE "—, OF "—" TOWER BASE (D 8-1-00 C9520 PAGE 2 Of 7' OR STEEL POLE FOUNDATION (CONCRE'TE OR MIRECT EMBEDDED) TAIL — 8 AGE 3) D X A --A (I ' d SEE DE TAIL —C (PAGE 4) ELAU TYFqCAL POLE PROTECTION ON ALL SIDES C9520.22' SEC DE rML—C (PAE'�', 45 �—SEE DETAIL 25Or� (PAGE 3) ....... . HI WOOD OR STEEL as POLE FOUNDATION (CONCRETE OR DIRECT EMBEDDED) Z'SFE DETAtL-8 SEC OETAIL—C (PACE 4) (PACE 3) plm EUh TYPICAL POLE PRO'TECVION TYPICAL T ON ONE SIOE TOWER PROTECWN ON ONE SIDE C9520,24 C9520,23 (�qTR-j9±lcfl S'I'AtMARC) SPECAHCATION 3086306 Packet Pg. 139 8-1-00 a- 1-00 C9520 C9520 PAGE 3 OF 7 PAGE 3 OF 7 GUARDRAIL SUPPORT DETAILS, C9520.2 c OR D C OR' 01 -- INS FALL BACKUP PLATE, ITEM F TRAMIC SIDE - II CI E LI II 01A. A -J DUAL—JL—ELEYAILUL a ou�--olj STANDARD SPECIFICATION N E INSTAL[ C OR D BACKUP PLA 8'E, 9TEM F ITEM E 0 I-OCATMN) �-M & N "OCAT*Ns) (1, 1— L -70WER/POLE 90E I I F9 dl pre I APPROX, SEVIEN av 80 LB. BAGS PFR SUPPORT) KIM 30186306 Packet Pg. 140 B-1-00 B-1 1 -00 C9520 C95l20 PAGE 4 OF 7 PACE 4 OF 7 RIIYTTIRTII� III I I I! I I I I I I I I i I I i I 1 11 IS i T III (VANG TERMINAL) Em @30j4dN STANDARD SPECIFICATION . 0p,. m-.4 -- i (4 LOCAflONS, 8 DOLTS PER LOCATION) 3) 2LI6&---"LLYA1K& (CURLED IERMINAIL) I c 6 3086306 Packet Pg. 141 PROTECTIVE BARRIERS FOR TRANSMISSION STRUCTURES ADJACENT TO PARKING AREAS (USING PARKING CURBS) C9520.- 2' MIN /4' MAX , (TYP.) 7" 41 7' 1 7' MAXI ImTxr -- 2' MIN./4- MAX. (TYP,) p 4' -21-g-'-., 0�MAX- -FOR---3— 4 SECTIONS OF CURB4' 5 6 OUTLINE OF (TYP,) N. TOWER BASE > p FlAa - �."� TYPICAL H-FRAME STRUCTURE PROTECTION 7) 7" LONG PREFORMED r JcCoNCRETE PARKING elm BARRIER (CURB) SEE DETAIL-D TYMCAL TOWER PROTECTION C9520.31 ,,-2' Mft/4' MAX. (lYP,)/' ---- --- 3/4' STEEL SlAKES .. . . . ........ ......... p Mir. B I TOTAL Wl. IS APP'ROX, 250 LEIS Yp aLAH 7" TYPICAL SINGLE POLE PROTECTION C95,20.33 (D 0 @,>3fR-t-000 STANDARD SPECIFICATION 3086306 I Packet Pg. 142 1 8- 1 - 00 G9520 PACE 6 OF 7 8-1-00 C9520 PAGE 6 OF 7 THIS STANDARD SHALL BE USED FOR INSTALLATION OF VEHICLE BARRIERS AROUND TRANSMISSION STRUCTURES AND ILLUSTRATES llif DIFFERENT TYPES OF VEHICLE BARRIERS %&HICH MAY HE USED FOR TRANSMISSION STRUCTURE, PROTECTION. ACTUAL STRUCTURE TYPE, SHAPE & SASE 0IMEN9ONS MAY VARY. DETAILS WLt BE, FURNISHED ON THE PROJECT DRAWINGS WlERE DIFFERENT THAN 91OWN. (_2) IlFm -0', (5.14701129�CAN BE RFPLACEO WITH 4000 PSI READY -MIX CONCRETE PER EM48003, 0 ETE TRUCK WIIA 7 CUBIC YARD CAPACITY IS APPROXIMATELY EQUIVALENT 'TO 270 BAGS OF SA,#701129 AFTER ADDING WATER AND MIXING. NuTS ON GUARDRAIL BARRIER %IALL BE TIGHTENED WT14 A TOROUE WRENCH TO A TORQUE VALUE OF 75 FO,OT-POUNDS. (D SPACING OF BARRIERS FROM STRUCTURE OUTLINE AS SHOWN IS MINIMUM AND MAY BE INCREASEO WHERE NECESSARY. THE TOWER PROTECTIVE BARRIER SPACING SHALL. BE BASED ON ACTUAL, TOWER BASE DIMENSIONS. DETAILS SHOWN ARE APPLICABLE TO A TOWER WITH A MAXIMUM, BASE DIMENSION OF W-O', ADO ONE UNIT AT EACH SIDE If' THE TOWER BASE DIMENSION EXCEEDS 36'O' Y41CRE THIS DIMENSION CAN BE KEPT AT 4 FEET OR LESS, WITH CORNER OPENING NO MORE THAN 4 FEET. THE INTERMEDtATE POST SHOWN HERE CAN BE ELIMINATED, NUMBER OF UNITS DEPENDENT ON SIZE OF TOWER BUT SPACES BETWEEN UNITS SHALL NOT EXCEED THE 4 FEET SHOWN, NOR SHALL THE MINIMUM DISTANCE FROM TOWER BE, CHANGED. ADD ONE UNIT AT EACIA SIDE IF THr, ROWER BASE DIMENSION EXCEEDS 25'0'. CB) RIME LOCATIONS OF THE PROTECTIVE BARRIERS WILL BE STAKED BY THE OWN'FR UNLESS OTHERWISE INDICATED ON [HE PROJECT DRAWNGS, op CARE SHALL BE TAKEN 10 AVOID DISTURBANCE OF ALL AREAS OUTSIDE OF THE IMMEDIATE; WORK AREA. ANY DAMAGE 10 PROPERTY SHALL BE IMMEDIATELY REPAIRED. ALL ADJACENT PROPERTY SHALL BE RESTORED TO ITS ORIGINAL CONDITION IMMEDIATELY AFTER THE INSTALLATION OF T14E %EWCLE BARRIERS, q] ISTAN11ARD SPECIFICATION 3,086306 Packet Pg. 143 8-1-00 8— 1 —00 C9520 C952'0 PACE 7 OF 7 PACE 7 OF 7 w ui kxp tuu0 L I t,j W W tj kli W W W 00 no n 0 0 0 M rn w 1, MD to 00 w Go w m fn to 0 00 NO m &V W, C) C) c'q t") In 04 L) irl 0 r, 0" 0 0 ) - lAJ C4 (4 N C4 W� c,4 No Ln-, rq N KN Z� 61 U) .... . ...... Z < ce < 111 to ao.< 0 0 16 z 0. 01 ILI us M �q I- < Z V, 0 ..A 4a LU ej 41 0 0 0 0 0 zx w ;i 11 z cr imp IUJ 0 Y 0 0 F > > ox 0 U4 c') w;i 3: < 0 m tr) U; CL It 0 0 < w 0 < p � 6; 'It a w L9 0�s 1 61 11 0 6� -,, 0 0 cr wl t4 , - U) 0, W x co 0 Li 20 T m "o tan 02 0 X tn ; uj < < > ul CL < tj CL, 0 (A Ln,:; 0 < U, cn Z x mo 0 00 Z a wwo -jw IL a 0 CL W 4x 0 to, u< cc vi I ui 0 < Cl D- * 0 C3 < m 0 1-. < 7. < --3 < 1114 0 W a z < uj I .lE z T - B z 9 Moo < Of (0 ul 6 Lo L) 0 60- z -0 .1 �> X w In 0 <, CD r I 1 V� ai Ly D 0 L) x M<O go 2 m ul IT uj j 2 CL tl 0 @21JAweii STANDARD SPEOFICAMN F- 3086306 I Packet Pg. 144 1 Instirance Requireents (current 2/13/2018) Tenant agrees to require its, contractors, before corrunencing any work, on the Leased Pretruses to purchase and maintain, or at the option of Tenant to itself purchase mid imaintai.n, at the cost of Tenant or its contractors, a policy or policies of insurance issued by insurance companies authorized to do business in the State of Illinois,, having ratings of A -NU or better in the Best's Key Rating Insurance Guide (,latest edition in effect at the latest date stated in the Certificates of Insurance) and in a form satisfactory to Landlord as follows: COVERAGE#) Workers' Compensation Insurarice with statutory limits, as required by the state in which the work is to be performed, —and Employers' Liability Insurance with limits not less than One Million dollars ($1,000,000,00) cacti accidentloccurrence COVERAGE #2 Commercial General Liability (CGL) Policy or Policies (with coverage, consistent with [SO CG 0001 (12 04)) covering all contractors, subcontractors and all their subcontractors with limits not less than Four Million dollars ($4,000,000.00) per occurrence covering liability for bodily injury and property damage adsing from premises, operations, independent contractors, personal injury/adverlisitig injury, blanket contractual liability and products/completed operations, for not less than three (3) years from the date the work is accepted. (COL insurance includes, but is not limited to coverage for claims against LartdJord for injuries to employees of Tenant and its contractors or any subcontractors) Landlord shall be added, as an Additional Insured providing coverage consistent with IS Form, CG 20 26 It 85 or the combination of ISO Fonn CG 20 10 10 01 and CG 20 37 10 01. COVERAGE #3 Automobile Liability in an amount of not less than one million dollars ($1,0W,000) per accident for bodily injury and property damage, covering all owned, leased, rented or non -owned vehicles, which shall include, automobile contractual liability coverage, Policies covering contractors may substitute lower limits for any of the policies listed above, provided that Contactors maintains an umbrella orexcess liability policy or policies which provide a total minimurn, limit of four million, dollars ($4,000,000) per occurrence for general liability and one million dollars 0 U LU E 0 04 0 N W I Packet Pg. 145 1 ($1,00f 0,000) for autornobile liability, and that, all other requirements of this insurance clause are satisfied by such umbrella or excess, policy or policies. If any work on the Leased Premises involves or includes Contractor handling, transporting, disposing, or performing work or operations with hazardous substances, contarninants, waste, toxic materials, or airy potential pollutants, Tenant and/or contractors shall purchase and maintain pollution legal liability applicable to bodily injury; property darnage, including loss of us of damaged property or of property that has not been physically injured or destroyed; cleanup costs,, and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims; all in connection with any loss arising from the Leased Premises, Coverage shall be mairrWried in an amount of at least five atillion dollars ($5,000,000) per loss and aggregate. Coverage shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, allWis, toxic chemicals,, liquids, or gases, waste materials,, or other irritants, contaminants, or pollutants. Landlord shall be included as all additional insured and the policy shall be primary with respect to Landlord as the additional insured. There shall be furnisbed to Landlord, prior to commencing the work above described a certificate of insurance showing the issuance of insurance policies pursuant to die requirements contained in Coverages M, V2, and #3 of this paragraph. Insurance coverage as required, herein shall be kept in, force until all work has been completed. All policies shall contain a provision that coverages afforded under the policies will not be canceled, or material change until at least thirty (30) days, prior written notice (ten (10) days in the case of nonpayment of premium) hrug been given to Landlord. Insurance coverage provided by Tenant and its contractors sh" not include any of the following; any claims made insurance policies; any self -insured retention of deductible arriouDt greater than two hundred fifty thousand dollars ($250,000) unless approved in writing by Landlord; any endorsement limiting coverage available to Landlord which is otbetivise required by this article; and any policy or endorsement language that (i) negates coverage to Landlord for Landlord's own negligence:,, (ii) limits the duty to defend Landlord under the policy, (iii) provides coverage to Landlord only if Tenant or its contractors are negligent, (iv) permits recovery of defense costs from any additional insured, or (v) limits the scope of coverage for liability assumed under a contract. To the extent perrititted by applicable Laws, all above -mentioned insurance policies shall provide the following-, (1) Be primary and non-contributory to any other insurance carried by Landlord (2) Contain cross -liability coverage as provided under standard IS Forms„ separation of insureds clause; and (3) Provide for a waiver of all rights of subrogation which Tenant"s, or its Contractors' insurance carrier might exercise against Landlord; and (4) Any Excess or Umbrella liability coverage will not require contribution before it will apply I Packet Pg. 146 1 Landlord hereby reserves the right to amend, correct and change from time -to -time the limits, coverages and fonns of polices as may be required from "Fenant. and/or its contractors. WAJIVER OF SUBRQLQA-Lf 10—N Tenant and its contractors shall waive all fights of subrogation against Landlord under those policies procured in accordance with this Lease. I Packet Pg. 147 1 12-04-Q80 - 111SUrance, A. Required Coverages and Limits, Unless otherwise provided by franchise, license, or similar agreement, tenant occupying right-of-way or constructing any facility in the right -oaf -way shall secure and maintain the following liability insurance policies insuring the tenant as named insured and naming ComEd , and its appointed officers, officials, agents, and employees as additional insureds on the policies listed in subsection (A)(1) and (A)(2) of this section. 1. Commercial general liability insurance, including premises -operations, explosion, collapse, and underground hazard (commonly referred to as "X," "C," and "Ll" coverages) and products -completed operations coverage with limits not less than: .ww1111- 0 w� b. Five million dollars for property damage resulting from any one accident, and c. Five million dollars for all other types of liability; 2. Automobile liability for owned, non -owned and hired vehicles with a combined single iimit of one million dollars for personal injury and property damage for each accident; Worker's compensation with statutory limits, and 4Employer's liability insurance with limits of not less than one million dollars per employee and per accident, If the utility is not providing such insurance to protect the contractors and subcontractors performing the work, then Such contractors and subcontractors shall comply with this section, B. Excess or Umbrella Policies, The coverages required by this section may be in any combination of primary, excess, and umbrella policies, Any excess or umbrella policy MUSt provide excess coverage over underlying insurance on a followingi-form basis such that when any loss covered by the primary policy exceeds the limits Linder the primary policy, the excess OF umbrella policy beconies effective to cover Such loss, C. Copies Required, The tenant shall provide copies of any of the policies, or a certificate of insurance required by this section to ComEd within ten days of the signing of this agreement, D. Maintenance and Renewal of Required Coverages. The insurance policies required by this section shall contain the following endorsement: "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until thirty (30) days after receipt by the ComEd, by registered mail or certified mail, return, receipt requested, of a written notice addressed to ComEd of' such intent to cancel or not to renew." Within ten days after receipt by ComEd of said notice, and in no event later than ten days prior to said cancellation, the tenant shall obtain and furnish to ComEd evidence of replacement insurance policies meeting the requirements of this section. E. Self -Insurance, A tenant may self -insure all or a, portion of the insurance coverage and limit requirements required by subsection A of this section. A tenant that self -insures is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under subsection A of this section, or the requirements of subsections B through D of this section. A tenant that elects to self -insure shalt provide to ComEd evidence sufficient to demonstrate its financial ability to self - insure the insurance coverage and limit requirements required Linder subsection A of this section, such as evidence that the utility is a "private self insurer" under the' orkers Compensation Act, F, Effect of lnsurance and Self -Insurance on tenant's Liability. The legal liability of the tenant to ComEd and any person for any of the matters that are the Subject of the insurance policies or self-insurance required by this section shalt not be limited by such insurance policies or self-insurance or by the recovery of any amounts thereunder, G. Insurance CotTipanies- All insurance provided pursuant to this section shall be effected under valid and enforceable policies, issued by insurers legally able to conduct business with the licensee in the State I Packet Pg. 148 1 of Illinois. All inSUrance carriers and surplus line carriers shiall be rated "A-" or better and of a class size "X" or higher by AM Best Company. (Or& 2007-73 § 2 (part), 2007) I Packet Pg. 149 1 EX111B11'E Additional Requirements A= shall adhere to the following requirements: Teriant shall maintain the Leased Flerrikes and Additional Area to be Maintained (which includes the open grass way area) of the Lancilord right ofway properly. 2. The metallic goal suven,wes are not to be partmnent fixtures and must be removed after each use. h is suggested the metallic stnunres be grounded to guard against Shwed volt' es. 3. No part of the Peld or goid Mmoures; shall be, Iocated ten ( 10) feet ofany Landlord equipment or facilities. 4. Cure no-st be used "Iwo H10"Ag TC 5CWS Such that no Landlord structures are touched, 5. If honing and landscaping is required. plans and dewils nual he prow Aed to ComEd & rev ie%v to ensure sally clearances arc not violawd. 6. Fertant's thedities on LWAA 4 pmpeny should be designed Or FIS20 ask loadkg perAASHIT) higInN a) specifications in order ic) vkithsland Landlord's construction traffic. 7. Feliant must ntri exwvale armi Or sMm material or constmcdon eq"ip;mcn1 " ithin 10 Net of the existing metallic and/or wood structures installed on Landlord property, Teriant shall Contact the overhe"'Id TFunsfilission I".nginemAg dUnament Nvith ail, questions concerning this reotlest. 8, ant njuSt use ,, A,, ,,j ing on LWOW property W avoid damage to WAT NciMin Emd (NIL61MICut, The (A% nCrS of the various p4whries and /or o%"wrs of undeignound Awildies Miall he connicied by the Anwh to pmvWe any restrictions such as grade cover antV or Nw6fic pummion andhw restricthns during any penw6on nndMr dimmth% of dic WAY property and surNee. 9. There are existing buried hand holes for the JAR 11her in the area, 4 diese hawr holes wvere paved caves during the instaHation ordw hie path it Imses a nwWW"ance cmwem, Skick coils exisi in the hand holes for emergency restoration purlwises, -Me cnWe route shmdd he kxnwd to verify, the newn installed hike path is not over the cable or hand holes. If it is over the hand holes access to those hand holes needs (() lie addressed by cidwr reanwing the path or other nwarus. Thk applVes to plan se 05-655 and 06-689, 10. Staging and s(ockpilin"t." ol, Inarcrial durimg construction must M exceed ten (10) thet A elevatirm alnwc g"ide. Ansirudion equipment shall nor be placed on the upper -most sections offlic stockpiles, 11. Tenant niust remove all scrub brush, hnibs andAr tree WAs from Me Lemed Prendw, Burning of' %nogoation. scrub hruA Iiinbs and air tree tnmks is not pcWted. 12. -renant rnust not ISM trees within fifteen (15) Net ofexisting ovedcad Imnsmission facilbes, diSVMLRi0u strunires or other Landlor(Vs Facilities, 13, 11nant shall only plant vegetatimi and /or trees that vw HI not exceed ten ( 10) feet in elevation at vnatiurity 14, Landlonl reserves the right to US vegetathmi and /or trees and rmnove any vegetation or tmes to 0) asmwe National Electdcal Safrety ("ode (NMSC) electrical clean mes are rnet (6) perhann maintenance Hrid/or repairs to Landlord's Facilities. 15. The path shall nnt rneander, but it may curve around existing stwures and shall rnaintain fifteen (15) foot spacing own all existog transmission stni,cmes, 16. At all path access points, Tenant truml most Idghly Bible signs hi,dicating that motorized vehicular use of tl,w path is prohibOed. FunhmAhnnnt shall take responsibility to snuiv that nolodzed vehicular use does not occur, 17. The pat surface fbi-Tenaws prqject cannot um agginegme cwwrocor curbs. A crushed lirnestone oraspliall surface is acceptable, I& TeWs proposed gmde clunge cannot exceed eight (8) inches within the 1,andlord's, property and nitist ensure that the existing drainage and storm water %vill not pool on the Leasal Pretwises or ajawrit propern es, IMM1111=1M I Packet Pg. 150 1 . Ail); daniage to Landlord's property caused byTenan ( shall be repaired at Tenant's expense. 2 0. Tenant shall no pine obstructions on the Nased Premises that may restrict 1,andlord's ability to access. opmaw and maintain Wirig and Rawe transmission and d4vibutimi WON. Tenant shall not leave wenches open overnight, M Duc to the presence of LmWkw&s electrical mims loemed on the Lemed Wises, no veldcles, equipment or anyl h i ti,�g else having; a height inore T a n Wee n ( 14) fed horn gmde Ove I i nc I u d i n g. chart snot I i in i ted to an), equipment attached to vehiles or equippent such as anWnmq shall be placed, driven, ntoved or wanspimted thereon. Tenant shall not penmil any activAy which could result in a Wre to gmund e1cwkal contact or damage to Landlord's Facilities. Such activities include, but are, not limited to flying kites, rno dell airplaw ddvhg inkible, go carts and mowrnotfilm. 32. Tenant shall not leave COuStruCtOn oWlipperlt and materials on lxmed Premises when there, is no \N,ork at%ty actimlly in pwgress, including overnight. 23. WIni "oking in the Whity of Landlord's electric lines durin" installation, opemiln. maintenance or wher" in Onalu shall conjAj %\ At OSHA re,limmenN of a mOrmurn Ime, 120) Wet \%orkinj; clearance distance to he maintained bween the boonm arras or odwr par-ts that can be Owed on theeWdprnenn ofTalarn or Tenant's convactoranal I.AmHord's e0sting 138.000and 345.000 volt electric transnissOn erwWwors. Under no circumsMnces shall truck beds be raised muienwath lAndlmd"s distribWon and /or transnissOns lines. 'llis paragmigh MmH be added to any consvuVon dram ingy 24. Tenant ackn(mviedges that the Landlord does use heavy equipment and that Imndford \WH not be reqwnsRAC for any damage to the Tenant 4 WNW duit nmy occur due to We I amilord's tight to access Landlord's ImvpeHy to operate and mainuib ne" and eodsting Imnwiission ind distribution facilities. 25. Upon completion oflenallt's do dech 11tunit must remove any equilunct, comhoution debris and rnmerAl hinn Ondicird's pvpeny and rcstore all), other disitu-bed, areas of'the Landlord's property to their pre- constroc6on condition. 2& AH apoicithle c"O"mmernal pennits must he obt,aked by Knant at TbmnVs so& cost, Kluding, H. retluiied, Wetlands and National pollutant Discharge Elimination Symmm (W)ES"Murn"mter hermits mrs re(juired under the Clean Water Act as, well aas any other applicabic environmental permits, 27. Tenant shall comply Wi wy6remmus (A all perm, wYhWh may Awltdc site monhoring, repotfrig and rcstora6on ex(endhig "Ol heyand We cmnirmthn Ole perim]. X Tenant Amil cotnply wilit all alldicable regulations includOg implementation of a Suwmwawr Polknion Prevention Plan (SVVPPP) and a S&I Eros% and Sediment CQUal Plan (SFS(') to minimize sedinicill pollution in stann"titer rumoffas W as any other requirccl practices. 29. ll'the project re(juires excavation of soil on the Leased Premisc% such "ink shall be perlionned al Onam's cost with a contractor selected 1)), Lanfflord. 31 If We pMkct ivquhvs addithnal soil. only On 101 Mull Ise used, 31. No hazaRlous mawrials may be mored on Landford's pnTerty hwWdhg fn my vcMdc, 32. Perdous umtoiMs shall be used in the cmBbruchon ofany paMs on be Ixased Prendws. 31 A high level swumary ofthe project plans AmIl be pmvided by lOwnt to Landlord for Landlord's review and appnnal prior to any construction, includitig the following - A letter that summarizes the results of ThnanCs analysis of mial types of er"Aronmet"al permits, plans, and controls are re uirml (e,r, wetlands, WPPP, SESC, Wreawned and endangered species niipacls, etc.) - A copy of any requied environmental permit's coo, of any envionmeMal reports recl Li i red by the perni i is 34. Onant slial 1, at its expense,, pay for ;all costs assoc Oted 61 a ny of Me Wv Qns (r onsu h 01 perrni Ui ng clewwy audit, etc). Environmental Services DepartmeN (ESD) appmves this request from an environmental pespedbe with the bNow comment. Tenant 4 responsible for all costs associated 3016306 I Packet Pg. 151 with any of the noted requirements (consulting, permitting, clean-up, sampling, audit, restoration, etc,). Lease Requirements 1 The continued use of the subject properly is permitted only for use as a: bike path. Motorized vehicles are not permitted on the leased property. 2, No construction debris, soil, fill material, or spoils may be stored on ComEd property, 3. No hazardous materials, including petroleum prodUCtS, may be stored, used, or transferred on CornEd properly, No fueling of lawn mowers or similar maintenance equipment is allowed on ComEd property, 4. Tenant will be held responsible for the clean-up of any spills (oil, antifreeze, fuel, etc.) as this could be a potential source of contamination and future liability for ComEd, 5. In the event of a leak/spill on ComEd property, Tenant must notify ComEd within 24 hours and provide a written report within 5 business days. 6. Tenant is responsible for the maintenance of any oinsite stormwater management system at the subject property and will be held responsible for any adverse drainage iSSUeS that arise for the duration of the lease. Inlet filters must be placed on all storm sewer manholes on ComEd property and must be properly maintained. 7. Tenant is not permitted to develop the unpaved areas or change the grading of the property without prior authorization from ESID, This includes activities of adding gravel or other fill-in activities to the surface of ComEd property, 8. At lease -end, the site must be returned to its original condition, including seeding, as necessary. However, Corn Ed has the discretion to allow the property to remain in its improved condition 9 Tenant must follow all applicable environmental laws and regulations and obtain all required' environmental pertnits, 10. According to a review of ES D resources, wetlands are located throughout the leased property. Mowing activities are not permitted within wetlands, 11. Tenant must follow all federal, state, and local wetlands requirements, including United State Army Corps of Engineer and Lake County regulations and guidelines, 12, Good housekeeping must be maintained at all times, on the leased CornEd property. '13. Tenant must assume responsibility for all rn aintenance of the leased ComEd property. This includes keeping the entire property free of garbage, debris, and any third -party dLiMping- If third -party dumping occurs on or around the leased premises, Tenant must notify ComEd immediately or be held responsible for cleanup of any illegally darned materials, 3086306 I Packet Pg. 152 1 /1JfJ1P✓'ONJb 1�N/�Nmm�;�„✓i I! r Pjwa!"fl "�^�ry�, ,. �MaNiuwuiM�li �„rlQ'arawp✓r�( Irk � �Yryy�ullll�m��` ;� Vfairw��,'NW� Woo ��rtuti�oi r` �,nYCNP�tpNh WHOM �� iilP� Vi'faV ,�/tilb;Fr�aN�rNrtrNG �NAdifilNaunI ��""" 1� I rrvw §0'AaW�uN �l rr rvau r % r„ I o"AA 9.D.d 9.E Ordinance No. 0-2020-62 : Resolution Amending Section 2.02 of the Buffalo Grove Municipal Code - Procedures of the Corporate Authorities ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval. Section 2.02, Procedures of the Corporate Authorities, of the Municipal Code is reviewed by the Village Attorney periodically for sufficiency with laws and ordinances and to reflect current practice. Accordingly, the Village Attorney has reviewed the code and recommends the attached amendments for approval. Specifically, the amendments abolish the Finance Committee and revise the amount of time permitted for the public to address the public body. These changes are consistent with current practice and case law. ATTACHMENTS: • Ordinance Amending Section 2.02 08-11-20 (2) (DOCX) • Chapter 2.02_PROCEDURES_OF_THE_CORPORATE AUTHORITIES (1) clean (DOC) • Chapter-2.02 PROCEDURES —OF —THE —CORPORATE —AUTHORITIES (1) (PDF) Trustee Liaison Sussman Monday, August 17, 2020 Staff Contact Dane Bragg, Office of the Village Manager Updated: 8/11/2020 6:05 PM Page 1 Packet Pg. 154 9.E.a ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2.02 OF THE MUNICIPAL CODE OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTY, ILLINOIS RELATING TO PROCEDURES OF THE CORPORATE AUTHORITIES WHEREAS, the Village of Buffalo Grove, Cook and Lake County, Illinois is a home rule municipality governed by the statutes of the State of Illinois, and is empowered by the Illinois Compiled Statutes to adopt rules and procedures governing meetings and officers ; and, WHEREAS, the Corporate Authorities adopted Ordinance 2010-25 codifying Section 2.02 of the Municipal Code on May 3, 2010; and, WHEREAS, the Corporate Authorities have subsequently amended the procedures of the corporate authorities from time to time; and, WHEREAS, the Corporate Authorities of Village of Buffalo Grove find that it is necessary that the policy be amended to conform to current practices and recommendations consistent with the Open Meetings Act, the Local Records Act and the Freedom of Information Act. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTY, ILLINOIS, as follows: Section 1. That the findings made in the prefatory recitals made above herein this Ordinance are hereby adopted and approved by the Village President and Board of Trustees, and said prefatory recitals set forth above are incorporated herein as part of this Ordinance. Section 2. Section 2.02 of the Buffalo Grove Municipal Code is hereby amended in accordance with the language contained herein and shown in EXHIBIT A. Section 3. The Village Clerk shall cause this amendment to be published in the code of ordinances and made available for public inspection. Passed and adopted by the President and Board of Trustees of the Village of Buffalo Grove, Illinois, this _ day of , 2020. AYES: NAYES: ABSENT: 1 Packet Pg. 155 9.E.a Approved by the President this day of 12020. ATTEST: Village Clerk Village President Recorded in the Records of the Village Clerk this day of , 2020. Published by the authority of the President and Village Board of Trustees of the Village of Buffalo Grove, Cook and Lake County, Illinois in pamphlet form this day of , 2020. Village Clerk 2 Packet Pg. 156 9.E.b EXH I BIT A Chapter 2.02 - PROCEDURES OF THE CORPORATE AUTHORITIESIQ Footnotes: --- (2) --- Editor's note— Ord. No. 2010-25, § 2, adopted May 3, 2010, amended Chapter 2.02 in its entirety to read as herein set out. Former Chapter 2.02, § § 2.02.0102.02.110, pertained to the Board of Trustees and derived from Ord. 58-1, adopted 1958; Ord. 59-14, adopted 1959; Ord. 72-31, adopted 1972; Ord. 77-43, adopted 1977; Ord. 93-35, adopted 1993; Ord. 99-80, adopted 1999; Ord. 2002-37, adopted 2002; ; and Ord. 2007-70, adopted 2007. 2.02.010 - Meetings. A. Regular Meeting Dates. The Corporate Authorities shall hold regular meetings on the first and third Mondays of each month. However, if such meeting date falls on a legal holiday, on which legal holiday the Village offices are closed for Village business, the meeting shall be held on the next following day which is not a legal holiday and on which day the Village offices are open for Village business or on such other day as approved by the Corporate Authorities. "Legal holiday" includes any day designated as a state or national legal holiday. B. Meeting Times. All meetings of the Corporate Authorities, whether in a regular or special meeting or in a meeting of the committee of the whole, shall commence at the hour of 7:30 p.m., unless a different time is fixed for a particular meeting and proper notice given of such time. C. Meeting Place. All meetings of the Corporate Authorities shall be held in the Council Chambers of the Village Municipal Hall, unless some other place has previously been fixed for a particular meeting and proper notice given of such place. D. Committee of the Whole. 1. The Corporate Authorities regular schedule of meetings of the committee of the whole shall be on the second and fourth Mondays of each month. Committee of the whole meetings may be scheduled at such other times as may be directed by action of the Corporate Authorities or the Village President. No final action may be taken at a meeting of the committee of the whole. However, the committee of the whole may direct that items taken up in the committee be placed on the agenda of the Corporate Authorities at a regular meeting or removed therefrom. For purposes of notice requirements, agenda, and meeting times, committee of the whole meetings shall be treated as a meeting of the Corporate Authorities. 2. There shall be placed on the agenda of a committee of the whole meeting an item entitled questions from the audience. Members of the public, during the questions from the audience, may address the committee with comments regarding only those items that are relevant to Village business. No person shall speak for more than three minutes without consent of the Village President. The Village President shall strictly restrain Packet Pg. 157 9.E.b EXH I BIT A comments and questions to matters that are relevant to Village business and shall not permit repetitious comments or arguments. E. Presiding Officer. The Village President shall be the presiding officer at all meetings of the Board of Trustees and at all times when the Board meets as a committee of the whole. F. Quorum. A quorum of the Corporate Authorities shall consist of not less than four Trustees or three Trustees and the Village President; provided that a lesser number may adjourn a meeting to a later date. G. Adjournment. Every meeting of the Corporate Authorities shall adjourn, or shall recess to a later day by 11:30 p.m., unless a majority of the Trustees present agree to continue the meeting by motion for a specific additional amount of time or to continue the meeting to the completion of the agenda or to the completion of any item of business specified in the motion. A motion to continue the meeting shall be non -debatable except as to the amount of time. Any matter not disposed of shall be placed on the agenda for the next regular meeting unless deferred by a majority of the Corporate Authorities present. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.020 - Special meetings. A. Calling. Special meetings of the Corporate Authorities may be called by the Village President or by any three Trustees. B. Special Notice. Special meetings shall require at least forty-eight hours' advance public notice, which notice shall include the agenda for the special meeting. C. Only items of business that have been set forth upon the agenda of the special meeting shall be considered at the special meeting. This provision shall not prohibit the Corporate Authorities from discussing any item in executive session as allowed by law. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.030 - President Pro Tem. A. The Village President, by and with the advice and consent of the Board of Trustees, shall appoint the senior Trustee as President Pro Tem. Seniority shall be based on the most continuous time served as a Trustee. In the event that more than one Trustee has equal seniority, the Trustees having equal seniority shall draw lots to determine who shall hold the position of President Pro Tem. B. The President Pro Tem shall perform the duties pertaining to the office of the Village President during an absence or disability of the Village President. The Village President shall be deemed absent when he/she is outside of the state or otherwise unavailable, within one hour's notification of the need to exercise the powers of his/her office by the Village Manager or designee. C. If the absence or disability of the Village President lasts longer than thirty days, the Board of Trustees shall then elect one of its members to act as President Pro Tem at the first Board meeting occurring at least thirty days after said notice. Packet Pg. 158 9.E.b EXH I BIT A D. The President Pro Tem shall serve until any of the following occurs: 1. Such person resigns as President Pro Tem, or 2. Such person is no longer a Village Trustee, or 3. A successor is chosen, pursuant to subsection A hereof, following the next general municipal election, or 4. An affirmative vote of the majority of the Trustees then holding office to remove the President Pro Tem, or 5. A successor is chosen pursuant to subsection C hereof. E. In the event the Village President fails to attend a meeting of the Village Board, the President Pro Tem shall act as a temporary chairman for the meeting of the Village Board, and while so serving as temporary chairman, shall have only the power of a presiding officer and a right to vote in the capacity as Trustee on any ordinance, resolution, or motion. In the absence of the Village President and President Pro Tem from a meeting, the Board of Trustees may elect one of their members to act as a temporary chairman. F. The Village President, by and with the advice and consent of the Board of Trustees, shall appoint a Village Treasurer. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.040 - Public notice of meetings. A. Annual Notice. The Village Clerk shall, at the beginning of each calendar year, prepare, post in the Village Hall in a public place, and make available to the public a schedule of regular meetings for the year. The schedule shall state the regular dates, time and place of the regular meetings and all regularly scheduled meetings of the committee of the whole. B. Special, Rescheduled, and Reconvened Meetings. The Village Clerk shall give notice of all special meetings, all rescheduled regular meetings, and all reconvened meetings at least forty-eight hours prior to such meetings. Notice shall not be required of any reconvened meeting, if the meeting is to reconvene within twenty-four hours or if the time of reconvening is announced at the original meeting and there is no change in the agenda. C. Changes in Schedule. The Village Clerk shall give notice of any change in the regular meeting dates of the Corporate Authorities prior to the first meeting held under the changed schedule. In addition to the notice required under subsection D of this section, the Clerk shall publish the notice of change in schedule in a newspaper of general circulation in the Village. D. All notices required under this section shall be given to any news medium that has filed an annual request for such notice and shall be posted on the Village's website pursuant to the Illinois Open Meetings Act ("Act"). E. The Corporate Authorities shall comply with the minimum notice requirements of the Act. The Village Clerk shall give any additional notices, and shall comply with any additional requirements of the Act, as may be provided in addition to the requirements of this section. Packet Pg. 159 EXH I BIT A 9.E.b (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.050 - All meetings open. A. Open Meetings. All meetings of the Corporate Authorities, including meetings of the committee of the whole or other committees shall be open to the public, except for executive sessions held in accordance with subsection B of this section and the Act. B. Executive Sessions. Executive sessions closed to the public may be held only in connection with those subjects exempt from public meetings or authorized for closed sessions under the Act. No executive session may be held unless the Corporate Authorities by motion determine to hold such session. The committee of the whole may move to hold its proceedings in executive session whenever appropriate subjects are to be considered, but the motion must be made in a public meeting. C. Debate on Executive Sessions. Whenever a matter appropriate for consideration in an executive session is requested to be taken up in an executive session by the Village Manager, by any member of the Corporate Authorities, by the Village Attorney, or by any person affected by the matter to be considered, the Corporate Authorities shall consider the request. Pending a decision by the Corporate Authorities whether to hold an executive session as requested, or at a later time, or whether to consider the matter in an open meeting, the members of the Corporate Authorities shall refrain from public discussion of the substance of the matter. Any subject matter committed to executive session shall be confidential. No public disclosure of the Corporate Authority's discussions held or any decisions made in executive session shall be made until the matter is made public by announcement, publication or official action by or at the direction of the Corporate Authorities or the Village Manager. D. A motion to go into executive session may be made at any time during an open meeting of the Corporate Authorities, whether or not an executive session has been scheduled on the agenda, but shall be out of order if the subject matter is not eligible to be considered at an executive session pursuant to the Act. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.060 - Order of business. A. Standing Orders. The standing order of business for all regular meetings of the Corporate Authorities shall be: 1. Call to order; 2. Pledge of allegiance; 3. Roll call for attendance; 4. Approval of the minutes of the previous meetings; 5. Approval of warrant; 6. Village President's Report; Packet Pg. 160 9.E.b EXH I BIT A 7. Village Manager's Report; S. Special business; 9. Reports from Trustees; 10. Consent agenda; 11. Ordinances and resolutions; 12. Unfinished business; 13. New business; 14. Questions from the audience; 15. Executive session; 16. Action on executive session items, if required; 17. Adjournment. B. Procedure. All items of business shall be considered in the order in which they are listed on the agenda, and all orders of business shall be taken up in the standing order. The order of business may be changed, or an item taken up before its place on the agenda at the discretion of the Village President. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.070 - Subjects of orders of business. The following restrictions shall apply to the orders of business indicated: A. Questions from the Audience. 1. For non -agenda items, members of the general public may address the Corporate Authorities with concerns or comments regarding issues that are relevant to Village business. Issues that are not relevant to Village business shall not be allowed and shall not include any disrespectful remarks or comments relating to individuals. All members of the public addressing the Corporate Authorities shall, at all times, maintain proper decorum. All public comment shall be addressed to the Corporate Authorities as a whole, and no comments shall be addressed to individual members of the Corporate Authorities, Village staff or other members of the public. Speakers shall use every attempt to not be repetitive of points that have been made by others. Individual citizens may be allotted up to three minutes as determined by the Village President to present their points unless in the Village President's discretion more time is allotted. 2. Debate or general discussion by the Corporate Authorities on any matters raised during questions from the audience shall only be as allowed by the Village President. The Corporate Authorities may refer any matter of public comment to the Village Manager, Village staff, or an appropriate agency for review, or may place the matter on a subsequent agenda for discussion. Packet Pg. 161 9.E.b EXH I BIT A 3. For agenda items, comments may be made during the agenda item, when recognized by the Village President. Individual citizens may be allotted up to three minutes by the Village President to present their points unless a longer time is approved by the Village President. B. Reports from Trustees. Trustee reports shall generally be limited to reporting on committees or commissions or announcements or comments of general community interest. In the event that a Trustee has an issue to present that is not on the agenda, or requests action on a matter, he or she shall do so under New Business subject to the requirements of this Chapter. The Village President can direct that Trustee matters be heard under New Business. Trustee reports shall be limited to ten minutes unless otherwise approved by the Village President. C. New Business. In the event that the Village President or a Trustee brings up a topic or issues for new business, he or she shall be limited to a maximum of five minutes for presentation of the item of new business and to make any motion to put the item on a future agenda. In the event that any such motion is seconded and passed, the item can be placed on a future agenda. Discussion on such a motion to put the issue on a future agenda shall be limited to five minutes for each Trustee desiring to speak. No action shall be taken on any issue that is brought up other than placing it on a future agenda. In the event there is no motion to place the item on a future agenda, any comments by other Trustees on the topic shall be limited to a maximum of five minutes. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.080 - Agenda. A. Contents. The agenda for a meeting shall contain all of the items of business to be considered by the Corporate Authorities at such meeting. No final action shall be taken on any item which is not properly on the agenda. The agenda shall contain all items of business under the proper order of business. B. Preparation. The agenda shall be prepared under the direction of the Village Manager, and shall include such matters as the Manager or Village President shall determine, matters previously set by the Corporate Authorities for the particular meeting, including matters postponed to such date, and matters requested by at least two Trustees. C. Supplemental Agendas. The Manager may, at his discretion, and shall at the request of the Village President or any two Trustees, issue a supplemental agenda no later than the Friday preceding the regular meeting. Supplemental agendas shall be distributed with all necessary materials to be considered at the meeting. D. Distribution of Agendas. As soon as the final agenda is issued for any meeting of the Corporate Authorities, it shall be posted in a public place in the Village Hall, distributed to the members of the Corporate Authorities and to all Village departments, and made available to the public. Copies of the agenda shall also be available to the public at the meeting. E. Committee of the whole agendas. All committee of the whole agendas shall be prepared and distributed and shall have the same effect as herein provided for agendas of regular Packet Pg. 162 EXH I BIT A 9.E.b meetings of the Corporate Authorities. Committee of the whole agendas may be issued up to forty-eight hours before the meeting. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.090 - Consent agenda. A consent agenda shall be prepared under the direction of the Village Manager, and shall include such matters as the Manager shall determine are routine. All items listed on the consent agenda will be enacted by one motion and one vote, which shall be a roll call vote. No separate discussion of any items listed on the consent agenda will occur unless the Village President, a Trustee, or a citizen so requests, in which event the item will be removed from the consent agenda and considered individually after all other items of business on the regular agenda under new business. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.100 - Changes to agenda. A. Removal. Any matter included on an agenda may be removed from the agenda by the Corporate Authorities. Such motion shall be in order at any time the item is before the meeting. Removal of an item from the agenda shall not affect its subsequent inclusion on a later agenda. B. Additions. Any matter not included on an agenda or a supplemental agenda for a meeting may be added by a majority vote of the Corporate Authorities. Any added matter shall only be for discussion purposes; no final action may be taken by the Corporate Authorities on any matter not on the published agenda. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.110 - Ordinances —Resolutions. A. Ordinances. No ordinance shall be considered by the Corporate Authorities until it has been reviewed by the Village Manager and approved as to form by the Village Attorney. B. Resolutions. No resolution shall be considered unless it has been reduced to writing and reviewed by the Village Manager and approved as to form by the Village Attorney. C. Amendment. Any ordinance, resolution or contract may be amended, or blanks therein filled, upon motion adopted by the Corporate Authorities at any time before final passage. D. Reading. No ordinance, resolution or contract need be read at large prior to consideration or action by the Corporate Authorities. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.120 - Ordinances amending the Buffalo Grove Municipal Code. Packet Pg. 163 9.E.b EXH I BIT A A. An ordinance which proposes to amend the text of any existing section of the Buffalo Grove Municipal Code shall set forth the entire existing text of such section, and shall indicate the changes to be made in such section by underscoring new text to be added thereto, and by lining through an existing text to be deleted or repealed by the amendatory ordinance. B. Whenever an entirely new section is to be added to the Buffalo Grove Municipal Code, the amendatory ordinance so proposing may indicate such intent by bracketing the entire text of the proposed section, in lieu of underlining its text. C. Whenever an ordinance proposes to repeal an entire section of the Buffalo Grove Municipal Code, or to re -section an existing section with another section number, the amendatory ordinance so proposing need not reproduce the text of such section nor show such text as deleted. D. In any ordinance amending the Buffalo Grove Municipal Code, if any existing text of any existing section being amended therein is not set out, and is not shown in the amendatory ordinance as being deleted or repealed, then such omitted text shall remain as part of the Buffalo Grove Municipal Code the same as if such amendatory ordinance had not been passed. E. The requirements of this section shall not apply to any ordinance which contains entirely new matter, and which does not by its terms amend, add to, or repeal provisions of the Buffalo Grove Municipal Code. F. Ordinances of the Village of Buffalo Grove shall be construed in accordance with the drafting requirements imposed by this section. Failure of any ordinance hereafter to comply with the requirements of this section shall not invalidate such ordinance. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.130 - Minutes. A. Procedure —Clerk. The Village Clerk shall keep draft minutes of all official meetings of the Corporate Authorities, which shall be reduced to writing and submitted to the next regular meeting for correction and approval. Unless directed by the Corporate Authorities, the minutes shall not be read prior to adoption. Any person may rise to point out errors or omissions in the draft, and additions and corrections shall be made prior to adoption upon motion by any Trustee or at the request of the Clerk. The minutes as approved shall constitute the official journal of the proceedings of the Corporate Authorities. B. Contents. The minutes shall include all motions made and all actions taken by the Corporate Authorities, including the maker and seconder, and shall indicate all matters taken up, even when no action is taken. All roll call votes shall be recorded, and voice votes so indicated. All persons presenting matters or speaking to any item shall be indicated. All rulings shall be noted. Summaries of points made and discussions shall be included at the direction of the Corporate Authorities. Any member of the Corporate Authorities may dissent from any action taken and have the reasons therefor included in the minutes. C. Subsequent Additions and Corrections. If any errors or omissions are discovered in minutes previously approved, such minutes may be corrected by a written correction thereto adopted Packet Pg. 164 9.E.b EXH I BIT A by a majority of the Corporate Authorities. The Clerk shall distribute to the members of the Corporate Authorities a statement of the correction and the reason therefor. It shall not be necessary to reconsider the approval of the minutes previously adopted. However, no minutes shall be corrected so as to indicate a change in the result of any vote on any ordinance, budget or expenditure item, or contract approval, from the result announced by the Village President at the meeting. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.140 - Debate and discussion. A. Discussion. All items of business on the agenda of a meeting shall be open for discussion and debate by the Corporate Authorities upon being called by the Village President. Upon the sole discretion of the Village President, the Village President may call upon Village staff to discuss, debate, or provide information relating to any and all items of business on the meetings agenda. B. Previous Question. Whenever a motion is pending, debate shall be closed by the Village President when the issue is exhausted or the points raised become repetitious or dilatory. Any Trustee may move the previous question at any time and, if carried by a two-thirds vote, such motion shall terminate all discussion and debate. A motion to move the previous question is not debatable. C. No person shall speak unless recognized by the Village President. All discussion and debate shall be courteous, respectful, and to the point. Remarks shall be addressed to the Village President. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.150 - Motions to table, defer, or remove from agenda. A. Tabling. A motion to table shall dispose of an item of business, which shall not again be considered until the item is removed from the table. Tabling of a specific proposal shall not, however, preclude future consideration of a similar, but substantively different, proposal as a different item. Tabling of a subject matter shall bar the entire subject from any future consideration until removed from the table by action of the Corporate Authorities. B. Removing from Table. No matter may be removed from the table except upon motion adopted by a majority vote of the Corporate Authorities. No matter which is not on the agenda of a meeting may be removed from the table except by motion adopted by a majority vote of the Corporate Authorities then present. No matter previously tabled may be added to the agenda during the same meeting it is to be considered for passage or adoption. C. Defer. A motion to defer consideration shall defer all consideration of an item until a later time, date or the occurrence of an event. D. Remove. A motion to remove from agenda shall terminate all consideration of the item at the meeting, and shall not direct or imply any direction with regard to consideration at any future meeting. Packet Pg. 165 9.E.b EXH I BIT A (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.160 - Practice —Generally. A. Motions. No motion shall be put to a vote unless it is seconded. Neither the maker nor seconder of a motion shall be required to vote in favor of the motion. B. Withdrawal of Motions —Seconds. The maker of a motion may withdraw it any time before the commencement of the vote, without the approval of the seconder. The seconder may thereupon renew the motion and seek a new seconder; if the seconder does not renew the motion, any other Trustee may then do so. A seconder of a motion may withdraw his second at any time before the commencement of the vote. C. Amendment of Motions. The maker of a motion may amend his motion, with the concurrence of the seconder, at any time prior to the commencement of the vote. D. Motions to Amend and to Fill Blanks. 1. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be entertained. 2. An amendment modifying the intention of a proposition shall be in order; but an amendment not germane to the subject of the pending proposition shall not be in order. 3. On an amendment to "strike out and insert," the paragraph to be amended shall first be read as it stands, then the words proposed to be stricken out, then those to be inserted, and finally the paragraph as it will stand if so amended shall be read. E. Division of Questions. A question which is divisible shall be divided upon a motion to divide adopted by the Corporate Authorities, and not otherwise. A question shall be divisible only if it contains more than one distinct proposition, and only if all of the divided propositions are each capable of complete and independent adoption or passage. However, no ordinance shall be divisible. F. Motion to Substitute. A substitute for any original proposition under debate or for any pending amendment to such proposition may be entertained by motion. If accepted by the Corporate Authorities by majority vote, the substitute motion shall entirely supersede such original proposition or amendment, as the case may be. G. Reconsideration. 1. A vote or question may be reconsidered at any time during the same meeting, or at the first regular meeting held thereafter. A vote or question may be reconsidered or a matter rescinded at a special meeting held prior to the next regular meeting but only if there are present at such special meeting as many members of the Corporate Authorities as were present when the original vote was taken. Where a motion to reconsider is made at the same meeting as the passage of the original motion it may be postponed to a later date certain. 2. A motion for reconsideration having been made and decided in the negative or tabled shall not be renewed, nor shall a motion to reconsider be reconsidered. Packet Pg. 166 9.E.b EXH I BIT A 3. A motion to reconsider must be made by a Trustee who voted on the prevailing side of the question to be reconsidered. Any Trustee may second a motion to reconsider. Any vote upon a motion to reconsider shall be by roll call vote. H. Rescinding and Repeal. No resolution or other written proposition shall be subsequently rescinded except by adoption of a written resolution or other written proposition. No ordinance or provision of an ordinance shall be repealed except by a subsequent ordinance which expressly and specifically affects such repeal. No ordinance shall be construed to repeal any previous ordinance by implication, notwithstanding any inconsistency or conflict between them; in such cases, the subsequent ordinance shall supersede the prior ordinance and shall govern those situations to which it is applicable to the extent of such conflict or inconsistency, and the prior ordinance provisions shall remain applicable to all other situations, circumstances and applications as to which it has not been superseded. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.170 - Voting procedure. A. Roll Call Votes. A roll call vote by ayes and nays shall be taken on any motion: 1. To pass ordinances, approve contracts, authorize expenditures, adopt or amend the budget, or waive competitive bidding; 2. Which any majority greater than a simple majority of the members of the Corporate Authorities present is required; 3. Required by State law to be by record vote; 4. To reconsider a roll call vote or to pass, adopt or approve any ordinance, resolution or motion over the veto of the president; 5. To appeal the ruling of the chair; 6. At the request of any member of the Corporate Authorities. B. Putting the Question. The Village President shall put the question on all votes. The question shall not be restated or read by the Clerk unless directed by the Village President or requested by a Trustee. C. Voting. Each Trustee shall vote in the order of their seniority on the Village Board. The Village President, when authorized to vote, shall always vote last. When the Clerk calls on a member to vote, the member of the Corporate Authorities may take one minute to explain his or her reasons. Any Trustee may change his or her vote until the Clerk announces the tally, which shall be announced as soon as the tally is complete unless a member is recognized to change their vote. Every Trustee shall vote aye or nay on every roll call, and shall not abstain unless he or she declares a conflict of interest, as defined under State law or the Village ordinances. A Trustee who does not vote, or who requests an abstention without announcing a de jure conflict of interest, or who votes "pass" or "present" shall be recorded, at the conclusion of the roll call, voting with the majority on the particular question. D. Effect of Not Voting. Except for instances of de jure conflicts of interest, and except for a motion to appeal the ruling of the Village President, failure or refusal to vote by a Trustee in Packet Pg. 167 9.E.b EXH I BIT A attendance shall constitute concurrence in the vote of the majority who did vote on the question involved. E. The passage of any resolution or motion: (1) not creating any liability against the Village; or (2) not for the expenditure or appropriation of its looney; or (3) any other matter not required by statute or by Village ordinance to receive any particular vote shall require the concurrence of a majority of all members of the Corporate Authorities present. The Village President shall not vote on any such resolution or motion except the following: (a) where the vote of the Trustees has resulted in a tie; or (b) where one-half of the Trustees present have voted in favor of the resolution or motion even though there is no tie vote. F. The Village President shall announce the result of every vote, whereupon no further discussion, debate, or explanation of votes shall be in order on the question voted, except on a motion to reconsider, made and seconded. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.180 - - General rules and decorum. A. The Village President shall decide all questions of order, and in all cases where these rules are not applicable, the Corporate Authorities shall be governed by parliamentary law as set forth in Robert's Rules of Order Newly Revised, latest edition. B. Trustees discussing a question or item shall address the Village President, and no Trustee shall proceed with his or her remarks until recognized and named by the Village President. He or she shall confine themselves to the questions under debate avoiding personalities and refrain from impugning the motives of any other member's argument or vote. C. The Village President may designate the maximum amount of time which may be devoted to the debate or discussion on any matter of business appearing on the agenda or any item that is raised by a Trustee or by staff or by any other person coming before the Board unless otherwise specifically set forth herein. Before discussion may continue beyond the designated time a majority of the Trustees present must first agree to continue the debate for a specific additional amount of time. A motion to continue the debate shall be non - debatable. D. The Village President shall maintain order and decorum at all times during meetings of the Corporate Authorities. The Village President shall call to order any Trustee who transgresses these rules, and shall admonish all other persons who do not abide by these rules or the Village ordinances. E. No person shall interrupt the person who has the floor, except the Village President. F. No member shall speak more than twice on any agenda item that was on the published agenda, unless the Village President permits additional comments for an amount of time determined by the Village President. No member shall speak longer than ten minutes at any one time, and not again until every other member desiring to speak shall have had an opportunity to do so. G. While a member is speaking, no member shall disturb the meeting or hamper the transaction of business. Members shall refrain from openly sending or receiving text Packet Pg. 168 EXH I BIT A 9.E.b messages during the meeting. Member's cell phones and similar devices shall be kept on "silent" and off the dais so as to not be distractive to either the public or the Corporative Authorities. H. A member when called to order by the Village President shall thereupon discontinue speaking and the order or ruling of the Village President shall be binding and conclusive, subject only to the right of appeal. Any member may appeal to the Board of Trustees from a ruling of the Village President pursuant to Section 2.02.200. I. Any member acting or appearing in a lewd or disgraceful manner, or who uses abusive, disrespectful or disgraceful, obscene or insulting language to or about any member of the Board of Trustees or a member of staff, or who does not obey the order of the Village President, or persists in disorderly, disruptive conduct shall be, on motion, censured by a majority vote of the members present. Any member who interferes with the orderly conduct of the meeting or who persists in disorderly, disruptive conduct may be expelled from the meeting by a two-thirds vote of all members elected. J. The Village President shall eject from the meeting any person, other than an elected official, who interferes with the orderly conduct of the meeting or who persists in disorderly, disruptive conduct and may call on any officer of the police department for assistance. K. 1. Meetings of the Corporate Authorities may be sound recorded, photographed, filmed or televised by representatives of any news medium, as defined in Section 8-902 of the Illinois Code of Civil Procedure (735 ILCS 5/8-902), as now or hereafter amended, or as may otherwise be authorized under the Illinois Open Meetings Act. 2. However, no flashbulbs, flood lights or similar lighting may be used during meetings of the Corporate Authorities without the approval of the Village President. No person may disrupt a meeting or interfere with the orderly communication among or the unobstructed vision of the participants in the meeting, or of the general public in attendance. 3. Photographic and television equipment may be restricted by the Village President to designated areas of the room in which a meeting is being conducted, but such area must have a clear view of the proceedings. 4. No person shall take photographs or make other visual recordings of any meeting until he or she has informed the Village President of such intent. L. Whenever the Corporate Authorities sits as a tribunal or conducts a hearing at which witnesses are to testify, and a witness asserts the right under state or federal law to refuse to testify if the proceedings are to be broadcast, televised or photographed, the Village President shall direct that all such photographing, broadcasting and televising cease during the testimony of the witness, and the Village President shall enforce such order by all lawful means. M. When preparing for any meeting of the Corporate Authorities, members should, to the greatest extent possible, direct questions ahead of time to the Village Manager, or designee, so that staff can provide the desired information at the Corporate Authorities meeting. (Ord. No. 2010-25, § 2, 5-3-2010) Packet Pg. 169 9.E.b EXH I BIT A 2.02.190 - Appeals. Any Trustee may appeal from a ruling of the Village President. If the appeal is seconded, only the Trustee moving the appeal may speak to the motion, but the Village President may explain his ruling. Otherwise there shall be no discussion or debate. The Village President shall put the question: "Shall the decision of the Chair be sustained?" If a majority of the members present vote "no," the decision of the Chair shall be overruled; otherwise, it shall be sustained. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.200 - Suspension of rules. The rules of order of the Corporate Authorities may be suspended by motion adopted by a two-thirds vote of the Corporate Authorities then holding office, except that any suspension of a o rule or procedure requiring a greater vote shall require that same vote. However, no requirement c or procedure imposed by any State law which is a limitation on municipal home rule units may O be suspended. Any such motion must specify the matters to which the suspension applies. No suspension of the rules of procedure shall extend beyond the meeting at which the motion is made. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.210 - Rules of order. The rules of order of the Corporate Authorities of the Village of Buffalo Grove shall consist of the provisions of this Chapter and, except where inconsistent or in conflict with this Chapter or with Illinois law, the provisions of Robert's Rules of Order Newly Revised, latest edition, to the extent otherwise applicable. (Ord. No. 2010-25, § 2, 5-3-2010) F:\PTBrankin\Buffalo Grove, Village\Ordinances\Chapter_2.02 PROCEDURES_ OF THE CORPORATE_ AUTHORITIES (1) clearr.doc Packet Pg. 170 9.E.c Chapter 2.02 - PROCEDURES OF THE CORPORATE AUTHORTTiESu Footnotes: --- (2) --- Editor's note— Ord. No. 2010-25, § 2, adopted May 3, 2010, amended Chapter 2.02 in its entirety to read as herein set out. Former Chapter 2.02, §§ 2.02.010-2.02.110, pertained to the Board of Trustees and derived from Ord. 58-1, adopted 1958; Ord. 59-14, adopted 1959; Ord. 72-31, adopted 1972; Ord. 77-43, adopted 1977; Ord. 93-35, adopted 1993; Ord. 99-80, adopted 1999; Ord. 2002-37, adopted 2002; ; and Ord. 2007-70, adopted 2007. 2.02.010 - Meetings. A. Regular Meeting Dates. The Corporate Authorities shall hold regular meetings on the first and third Mondays of each month. However, if such meeting date falls on a legal holiday, on which legal holiday the Village offices are closed for Village business, the meeting shall be held on the next following day which is not a legal holiday and on which day the Village offices are open for Village business or on such other day as approved by the Corporate Authorities. "Legal holiday" includes any day designated as a state or national legal holiday. B. Meeting Times. All meetings of the Corporate Authorities, whether in a regular or special meeting or in a meeting of the committee of the whole, shall commence at the hour of 7:30 p.m., unless a different time is fixed for a particular meeting and proper notice given of such time. C. Meeting Place. All meetings of the Corporate Authorities shall be held in the Council Chambers of the Village Municipal Hall, unless some other place has previously been fixed for a particular meeting and proper notice given of such place. D. Committee of the Whole. 1. The Corporate Authorities regular- schedule of meetings of the committee of the whole shall be on the second and fourth Mondays of each month. Committee of the whole meetings may be scheduled at such other times as may be directed by action of the Corporate Authorities or the Village President. No final action may be taken at a meeting of the committee of the whole. However, the committee of the whole may direct that items taken up in the committee be placed on the agenda of the Corporate Authorities at a regular meeting or removed therefrom. For purposes of notice requirements, agenda, and meeting times, committee of the whole meetings shall be treated as a meeting of the Corporate Authorities. 2. There shall be placed on the agenda of a committee of the whole meeting an item entitled questions from the audience. Members of the public, during the questions from the audience, may address the committee with comments regarding only those items that are relevant to Village business. No person shall speak for more than ftvethree minutes without consent of the Village President. The Village President shall strictly m O N O N 0 Packet Pg. 171 9.E.c restrain comments and questions to matters that are relevant to Village business and shall not permit repetitious comments or arguments. E. Presiding Officer. The Village President shall be the presiding officer at all meetings of the Board of Trustees and at all times when the Board meets as a committee of the whole. F. Quorum. A quorum of the Corporate Authorities shall consist of not less than four Trustees or three Trustees and the Village President; provided that a lesser number may adjourn a meeting to a later date. G. Adjournment. Every meeting of the Corporate Authorities shall adjourn, or shall recess to a later day by 11:30 p.m., unless a majority of the Trustees present agree to continue the meeting by motion for a specific additional amount of time or to continue the meeting to the completion of the agenda or to the completion of any item of business specified in the motion. A motion to continue the meeting shall be non -debatable except as to the amount of time. Any matter not disposed of shall be placed on the agenda for the next regular meeting unless deferred by a majority of the Corporate Authorities present. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.020 - Special meetings. A. Calling. Special meetings of the Corporate Authorities may be called by the Village President or by any three Trustees. B. Special Notice. Special meetings shall require at least forty-eight hours' advance public notice, which notice shall include the agenda for the special meeting. C. Only items of business that have been set forth upon the agenda of the special meeting shall be considered at the special meeting. This provision shall not prohibit the Corporate Authorities from discussing any item in executive session as allowed by law. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.030 - President Pro Tem. A. The Village President, by and with the advice and consent of the Board of Trustees, shall appoint the senior Trustee as President Pro Tem. Seniority shall be based on the most continuous time served as a Trustee. In the event that more than one Trustee has equal seniority, the Trustees having equal seniority shall draw lots to determine who shall hold the position of President Pro Tem. B. The President Pro Tem shall perform the duties pertaining to the office of the Village President during an absence or disability of the Village President. The Village President shall be deemed absent when he/she is outside of the state or otherwise unavailable, within one hour's notification of the need to exercise the powers of his/her office by the Village Manager or designee. C. If the absence or disability of the Village President lasts longer than thirty days, the Board of Trustees shall then elect one of its members to act as President Pro Tem at the first Board meeting occurring at least thirty days after said notice. m 0 N 0 N O Packet Pg. 172 9.E.c D. The President Pro Tem shall serve until any of the following occurs: 1. Such person resigns as President Pro Tem, or 2. Such person is no longer a Village Trustee, or 3. A successor is chosen, pursuant to subsection A hereof, following the next general municipal election, or 4. An affirmative vote of the majority of the Trustees then holding office to remove the President Pro Tem, or 5. A successor is chosen pursuant to subsection C hereof. E. In the event the Village President fails to attend a meeting of the Village Board, the President Pro Tem shall act as a temporary chairman for the meeting of the Village Board, and while so serving as temporary chairman, shall have only the power of a presiding officer and a right to vote in the capacity as Trustee on any ordinance, resolution, or motion. In the absence of the Village President and President Pro Tem from a meeting, the Board of Trustees may elect one of their members to act as a temporary chairman. F. The Village President, by and with the advice and consent of the Board of Trustees, shall appoint a Village Treasurer. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.040 - Public notice of meetings. A. Annual Notice. The Village Clerk shall, at the beginning of each calendar year, prepare, post in the Village Hall in a public place, and make available to the public a schedule of regular meetings for the year. The schedule shall state the regular dates, time and place of the regular meetings and all regularly scheduled meetings of the committee of the whole. B. Special, Rescheduled, and Reconvened Meetings. The Village Clerk shall give notice of all special meetings, all rescheduled regular meetings, and all reconvened meetings at least forty-eight hours prior to such meetings. Notice shall not be required of any reconvened meeting, if the meeting is to reconvene within twenty-four hours or if the time of reconvening is announced at the original meeting and there is no change in the agenda. C. Changes in Schedule. The Village Clerk shall give notice of any change in the regular meeting dates of the Corporate Authorities prior to the first meeting held under the changed schedule. In addition to the notice required under subsection D of this section, the Clerk shall publish the notice of change in schedule in a newspaper of general circulation in the Village. D. All notices required under this section shall be given to any news medium that has filed an annual request for such notice and shall be posted on the Village's website pursuant to the Illinois Open Meetings Act ("Act"). E. The Corporate Authorities shall comply with the minimum notice requirements of the Act. The Village Clerk shall give any additional notices, and shall comply with any additional requirements of the Act, as may be provided in addition to the requirements of this section. m O N O N O Packet Pg. 173 9.E.c (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.050 - All meetings open. A. Open Meetings. All meetings of the Corporate Authorities, including meetings of the committee of the whole or other committees shall be open to the public, except for executive sessions held in accordance with subsection B of this section and the Act. B. Executive Sessions. Executive sessions closed to the public may be held only in connection with those subjects exempt from public meetings or authorized for closed sessions under the Act. No executive session may be held unless the Corporate Authorities by motion determine to bold such session. The committee of the whole may move to hold its proceedings in executive session whenever appropriate subjects are to be considered, but the motion must be made in a public meeting. C. Debate on Executive Sessions. Whenever a matter appropriate for consideration in an executive session is requested to be taken up in an executive session by the Village Manager, by any member of the Corporate Authorities, by the Village Attorney, or by any person affected by the matter to be considered, the Corporate Authorities shall consider the request. Pending a decision by the Corporate Authorities whether to hold an executive session as requested, or at a later time, or whether to consider the matter in an open meeting, the members of the Corporate Authorities shall refrain from public discussion of the substance of the matter. Any subject matter committed to executive session shall be confidential. No public disclosure of the Corporate Authority's discussions held or any decisions made in executive session shall be made until the matter is made public by announcement, publication or official action by or at the direction of the Corporate Authorities or the Village Manager. D. A motion to go into executive session may be made at any time during an open meeting of the Corporate Authorities, whether or not an executive session has been scheduled on the agenda, but shall be out of order if the subject matter is not eligible to be considered at an executive session pursuant to the Act. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.060 - Order of business. A. Standing Orders. The standing order of business for all regular meetings of the Corporate Authorities shall be: 1. Call to order; 2. Pledge of allegiance; 3. Roll call for attendance; 4. Approval of the minutes of the previous meetings; 5. Approval of warrant; 6. Village President's Report; m 0 N 0 N O Packet Pg. 174 9.E.c 7. Village Manager's Report; 9, Special business; If Reports from Trustees; q L V 0, Consent agenda; 12. V V,. Ordinances and resolutions; 0, 0 ', Unfinished business; 13. New business; 14. Questions from the audience; 15. Executive session; 16. Action on executive session items, if required; ITAdjournment. B. Procedure. All items of business shall be considered in the order in which they are listed on the agenda, and all orders of business shall be taken up in the standing order. The order of business may be changed, or an item taken up before its place on the agenda at the discretion of the Village President. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.070 - Subjects of orders of business. The following restrictions shall apply to the orders of business indicated: A. Questions from the Audience. For non -agenda items, members of the general public may address the Corporate Authorities with concerns or comments regarding issues that are relevant to Village business. Issues that are not relevant to Village business shall not be allowed and shall not include any disrespectfid remarks or comments relating to individuals. All members of the public addressing the Corporate Authorities shall, at all times, maintain proper decorum. All public comment shall be addressed to the Corporate Authorities as a whole, and no comments shall be addressed to individual members of the Corporate Authorities, Village staff or other members of the public. Speakers shall use every attempt to not be repetitive of points that have been made by others. Individual citizens may be allotted up to tenthree minutes as determined by the Village President to present their points unless in the Village President's discretion more time is allotted. 2. Debate or general discussion by the Corporate Authorities on any matters raised during questions from the audience shall only be as allowed by the Village President. The Corporate Authorities may refer any matter of public continent to the Village Manager, Village staff, or an appropriate agency for review, or may place the matter on a subsequent agenda for discussion. O N O N O Packet Pg. 175 9.E.c 3. For agenda items, comments may be made during the agenda item, when recognized by the Village President. Individual citizens may be allotted up to three minutes by the Village President to present their points unless a longer time is approved by the Village President. B. Reports from Trustees. Trustee reports shall generally be limited to reporting on committees or commissions or announcements or comments of general community interest. In the event that a Trustee has an issue to present that is not on the agenda, or requests action on a matter, he or she shall do so under New Business subject to the requirements of this Chapter. The Village President can direct that Trustee matters be heard under New Business. Trustee reports shall be limited to ten minutes unless otherwise approved by the Village President. C. New Business. In the event that the Village President or a Trustee brings up a topic or issues for new business, he or she shall be limited to a maximum of five minutes for presentation of the item of new business and to make any motion to put the item on a future agenda. In the event that any such motion is seconded and passed, the item can be placed on a future agenda. Discussion on such a motion to put the issue on a future agenda shall be limited to five minutes for each Trustee desiring to speak. No action shall be taken on any issue that is brought up other than placing it on a future agenda. In the event there is no motion to place the item on a future agenda, any comments by other Trustees on the topic shall be limited to a maximum of five minutes. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.080 - Agenda. A. Contents. The agenda for a meeting shall contain all of the items of business to be considered by the Corporate Authorities at such meeting. No final action shall be taken on any item which is not properly on the agenda. The agenda shall contain all items of business under the proper order of business. B. Preparation. The agenda shall be prepared under the direction of the Village Manager, and shall include such matters as the Manager or Village President shall determine, matters previously set by the Corporate Authorities for the particular meeting, including matters postponed to such date, and matters requested by at least two Trustees. C. Supplemental Agendas. The Manager may, at his discretion, and shall at the request of the Village President or any two Trustees, issue a supplemental agenda no later than the Friday preceding the regular meeting. Supplemental agendas shall be distributed with all necessary materials to be considered at the meeting. D. Distribution of Agendas. As soon as the final agenda is issued for any meeting of the Corporate Authorities, it shall be posted in a public place in the Village Hall, distributed to the members of the Corporate Authorities and to all Village departments, and made available to the public. Copies of the agenda shall also be available to the public at the meeting. E. Committee of the whole agendas. All committee of the whole agendas shall be prepared and distributed and shall have the same effect as herein provided for agendas of regular m O N O N O Packet Pg. 176 9.E.c meetings of the Corporate Authorities. Committee of the whole agendas may be issued up to forty-eight hours before the meeting. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.090 - Consent agenda. A consent agenda shall be prepared under the direction of the Village Manager, and shall include such matters as the Manager shall determine are routine. All items listed on the consent agenda will be enacted by one motion and one vote, which shall be a roll call vote. No separate discussion of any items listed on the consent agenda will occur unless the Village President, a Trustee, or a citizen so requests, in which event the item will be removed from the consent agenda and considered individually after all other items of business on the regular agenda under new business. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.100 - Changes to agenda. A. Removal. Any matter included on an agenda may be removed from the agenda by the Corporate Authorities. Such motion shall be in order at any time the item is before the meeting. Removal of an item from the agenda shall not affect its subsequent inclusion on a later agenda. B. Additions. Any matter not included on an agenda or a supplemental agenda for a meeting may be added by a majority vote of the Corporate Authorities. Any added smatter shall only be for discussion purposes; no final action may be taken by the Corporate Authorities on any matter not on the published agenda. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.110 - Ordinances —Resolutions. A. Ordinances. No ordinance shall be considered by the Corporate Authorities until it has been reviewed by the Village Manager and approved as to form by the Village Attorney. B. Resolutions. No resolution shall be considered unless it has been reduced to writing and reviewed by the Village Manager and approved as to form by the Village Attorney. C. Amendment. Any ordinance, resolution or contract may be amended, or blanks therein filled, upon motion adopted by the Corporate Authorities at any time before final passage. D. Reading. No ordinance, resolution or contract need be read at large prior to consideration or action by the Corporate Authorities. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.120 - Ordinances amending the Buffalo Grove Municipal Code. 0 N O N 0 Packet Pg. 177 9.E.c A. An ordinance which proposes to amend the text of any existing section of the Buffalo Grove Municipal Code shall set forth the entire existing text of such section, and shall indicate the changes to be made in such section by underscoring new text to be added thereto, and by lining through an existing text to be deleted or repealed by the amendatory ordinance. B. Whenever an entirely new section is to be added to the Buffalo Grove Municipal Code, the amendatory ordinance so proposing may indicate such intent by bracketing the entire text of the proposed section, in lieu of underlining its text. C. Whenever an ordinance proposes to repeal an entire section of the Buffalo Grove Municipal Code, or to re -section an existing section with another section number, the amendatory ordinance so proposing need not reproduce the text of such section nor show such text as deleted. D. In any ordinance amending the Buffalo Grove Municipal Code, if any existing text of any existing section being amended therein is not set out, and is not shown in the amendatory ordinance as being deleted or repealed, then such omitted text shall remain as part of the Buffalo Grove Municipal Code the same as if such amendatory ordinance had not been passed. E. The requirements of this section shall not apply to any ordinance which contains entirely new matter, and which does not by its terms amend, add to, or repeal provisions of the Buffalo Grove Municipal Code. F. Ordinances of the Village of Buffalo Grove shall be construed in accordance with the drafting requirements imposed by this section. Failure of any ordinance hereafter to comply with the requirements of this section shall not invalidate such ordinance. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.130 - Minutes. A. Procedure —Clerk. The Village Clerk shall keep draft minutes of all official meetings of the Corporate Authorities, which shall be reduced to writing and submitted to the next regular meeting for correction and approval. Unless directed by the Corporate Authorities, the minutes shall not be read prior to adoption. Any person may rise to point out errors or omissions in the draft, and additions and corrections shall be made prior to adoption upon motion by any Trustee or at the request of the Clerk. The minutes as approved shall constitute the official journal of the proceedings of the Corporate Authorities. B. Contents. The minutes shall include all motions made and all actions taken by the Corporate Authorities, including the maker and seconder, and shall indicate all matters taken up, even when no action is taken. All roll call votes shall be recorded, and voice votes so indicated. All persons presenting matters or speaking to any item shall be indicated. All rulings shall be noted. Summaries of points made and discussions shall be included at the direction of the Corporate Authorities. Any member of the Corporate Authorities may dissent from any action taken and have the reasons therefor included in the minutes. C. Subsequent Additions and Corrections. If any errors or omissions are discovered in minutes previously approved, such minutes may be corrected by a written correction thereto adopted 0 N O N O Packet Pg. 178 9.E.c by a majority of the Corporate Authorities. The Clerk shall distribute to the members of the Corporate Authorities a statement of the correction and the reason therefor. It shall not be necessary to reconsider the approval of the minutes previously adopted. However, no minutes shall be corrected so as to indicate a change in the result of any vote on any ordinance, budget or expenditure item, or contract approval, from the result announced by the Village President at the meeting. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.140 - Debate and discussion. A. Discussion. All items of business on the agenda of a meeting shall be open for discussion and debate by the Corporate Authorities upon being called by the Village President. Upon the sole discretion of the Village President, the Village President may call upon Village staff to discuss, debate, or provide information relating to any and all items of business on the meetings agenda. B. Previous Question. Whenever a motion is pending, debate shall be closed by the Village President when the issue is exhausted or the points raised become repetitious or dilatory. Any Trustee may move the previous question at any time and, if carried by a two-thirds vote, such motion shall terminate all discussion and debate. A motion to move the previous question is not debatable. C. No person shall speak unless recognized by the Village President. All discussion and debate shall be courteous, respectful, and to the point. Remarks shall be addressed to the Village President. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.150 - Motions to table, defer, or remove from agenda. A. Tabling. A motion to table shall dispose of an item of business, which shall not again be considered until the item is removed from the table. Tabling of a specific proposal shall not, however, preclude future consideration of a similar, but substantively different, proposal as a different item. Tabling of a subject matter shall bar the entire subject from any future consideration until removed from the table by action of the Corporate Authorities. B. Removing from Table. No matter may be removed from the table except upon motion adopted by a majority vote of the Corporate Authorities. No matter which is not on the agenda of a meeting may be removed from the table except by motion adopted by a majority vote of the Corporate Authorities then present. No matter previously tabled may be added to the agenda during the same meeting it is to be considered for passage or adoption. C. Defer. A motion to defer consideration shall defer all consideration of an item until a later time, date or the occurrence of an event. D. Remove. A motion to remove from agenda shall terminate all consideration of the item at the meeting, and shall not direct or imply any direction with regard to consideration at any future meeting. m 0 N O N O Packet Pg. 179 9.E.c (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.160 - Practice —Generally. A. Motions. No motion shall be put to a vote unless it is seconded. Neither the maker nor seconder of a motion shall be required to vote in favor of the motion. B. Withdrawal of Motions —Seconds. The maker of a motion may withdraw it any time before the commencement of the vote, without the approval of the seconder. The seconder may thereupon renew the motion and seek a new seconder; if the seconder does not renew the motion, any other Trustee may then do so. A seconder of a motion may withdraw his second at any time before the commencement of the vote. C. Amendment of Motions. The maker of a motion may amend his motion, with the concurrence of the seconder, at any time prior to the commencement of the vote. D. Motions to Amend and to Fill Blanks. 1. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be entertained. 2. An amendment modifying the intention of a proposition shall be in order; but an amendment not germane to the subject of the pending proposition shall not be in order. 3. On an amendment to "strike out and insert," the paragraph to be amended shall first be read as it stands, then the words proposed to be stricken out, then those to be inserted, and finally the paragraph as it will stand if so amended shall be read. E. Division of Questions. A question which is divisible shall be divided upon a motion to divide adopted by the Corporate Authorities, and not otherwise. A question shall be divisible only if it contains more than one distinct proposition, and only if all of the divided propositions are each capable of complete and independent adoption or passage. However, no ordinance shall be divisible. F. Motion to Substitute. A substitute for any original proposition under debate or for any pending amendment to such proposition may be entertained by motion. Tf accepted by the Corporate Authorities by majority vote, the substitute motion shall entirely supersede such original proposition or amendment, as the case may be. G. Reconsideration. A vote or question may be reconsidered at any time during the same meeting, or at the first regular meeting held thereafter. A vote or question may be reconsidered or a matter rescinded at a special meeting held prior to the next regular meeting but only if there are present at such special meeting as many members of the Corporate Authorities as were present when the original vote was taken. Where a motion to reconsider is made at the same meeting as the passage of the original motion it may be postponed to a later date certain. 2. A motion for reconsideration having been made and decided in the negative or tabled shall not be renewed, nor shall a motion to reconsider be reconsidered. m 0 N O N O Packet Pg. 180 9.E.c 3. A motion to reconsider must be made by a Trustee who voted on the prevailing side of the question to be reconsidered. Any Trustee may second a motion to reconsider. Any vote upon a motion to reconsider shall be by roll call vote. H. Rescinding and Repeal. No resolution or other written proposition shall be subsequently rescinded except by adoption of a written resolution or other written proposition. No ordinance or provision of an ordinance shall be repealed except by a subsequent ordinance which expressly and specifically affects such repeal. No ordinance shall be construed to repeal any previous ordinance by implication, notwithstanding any inconsistency or conflict between them; in such cases, the subsequent ordinance shall supersede the prior ordinance and shall govern those situations to which it is applicable to the extent of such conflict or inconsistency, and the prior ordinance provisions shall remain applicable to all other situations, circumstances and applications as to which it has not been superseded. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.170 - Voting procedure. A. Roll Call Votes. A roll call vote by ayes and nays shall be taken on any motion: 1. To pass ordinances, approve contracts, authorize expenditures, adopt or amend the budget, or waive competitive bidding; 2. Which any majority greater than a simple majority of the members of the Corporate Authorities present is required; 3. Required by State law to be by record vote; 4. To reconsider a roll call vote or to pass, adopt or approve any ordinance, resolution or motion over the veto of the president; 5. To appeal the ruling of the chair; 6. At the request of any member of the Corporate Authorities. B. Putting the Question. The Village President shall put the question on all votes. The question shall not be restated or read by the Clerk unless directed by the Village President or requested by a Trustee. C. Voting. Each Trustee shall vote in the order of their seniority on the Village Board. The Village President, when authorized to vote, shall always vote last. When the Clerk calls on a member to vote, the member of the Corporate Authorities may take one minute to explain his or her reasons. Any Trustee may change his or her vote until the Clerk announces the tally, which shall be announced as soon as the tally is complete unless a member is recognized to change their vote. Every Trustee shall vote aye or nay on every roll call, and shall not abstain unless he or she declares a conflict of interest, as defined under State law or the Village ordinances. A Trustee who does not vote, or who requests an abstention without announcing a de jure conflict of interest, or who votes "pass" or "present" shall be recorded, at the conclusion of the roll call, voting with the majority on the particular question. D. Effect of Not Voting. Except for instances of de jure conflicts of interest, and except for a motion to appeal the ruling of the Village President, failure or refusal to vote by a Trustee in m 0 N O N O Packet Pg. 181 9.E.c attendance shall constitute concurrence in the vote of the majority who did vote on the N question involved. N E. The passage of any resolution or motion: (1) not creating any liability against the Village; a O or (2) not for the expenditure or appropriation of its money; or (3) any other matter not required by statute or by Village ordinance to receive any particular vote shall require the concurrence of a majority of all members of the Corporate Authorities present. The Village President shall not vote on any such resolution or motion except the following: (a) where the c vote of the Trustees has resulted in a tie; or (b) where one-half of the Trustees present have as voted in favor of the resolution or motion even though there is no tie vote. Q F. The Village President shall announce the result of every vote, whereupon no further discussion, debate, or explanation of votes shall be in order on the question voted, except on c a motion to reconsider, made and seconded. c N (Ord. No. 2010-25, § 2, 5-3-2010) p 2.02.180 - c iee coffirnktee. A. The V`1 !age of --tt'.10 --rove Finanee (��offi e-, iss an adviseery body to the Corporate Formatted: Normal W D A ae shall 0 Village as well as iissuess — H --f V; Uage. Meet;--.,-,-. 01.0 Fiffffinee G-afflunittee are open to other members of the Corporate Aitthantom Q ` W H a treetor of Finanee General . o a (QFd Ne 2010 29, § 2, 9_2 _2910) O U 24244W- General rules and decorum. W 2 A. The Village President shall decide all questions of order, and in all cases where these rules ~I are not applicable, the Corporate Authorities shall be governed by parliamentary law as set 0 forth in Robert's Rules of Order Newly Revised, latest edition. I N B. Trustees discussing a question or item shall address the Village President, and no Trustee LU shall proceed with his or her remarks until recognized and named by the Village President. D He or she shall confine themselves to the questions under debate avoiding personalities and ❑ refrain from impugning the motives of any other member's argument or vote. W U C. The Village President may designate the maximum amount of time which may be devoted to the debate or discussion on any matter of business appearing on the agenda or any item al that is raised by a Trustee or by staff or by any other person coming before the Board unless otherwise specifically set forth herein. Before discussion may continue beyond the N designated time a majority of the Trustees present must first agree to continue the debate for o N I i 41 Q s U c O s v �a Q Packet Pg. 182 9.E.c a specific additional amount of time. A motion to continue the debate shall be non - debatable. D. The Village President shall maintain order and decorum at all times during meetings of the Corporate Authorities. The Village President shall call to order any Trustee who transgresses these rules, and shall admonish all other persons who do not abide by these rules or the Village ordinances. E. No person shall interrupt the person who has the floor, except the Village President. F. No member shall speak more than twice on any agenda item that was on the published agenda, unless the Village President permits additional comments for an amount of time determined by the Village President. No member shall speak longer than ten minutes at any one time, and not again until every other member desiring to speak shall have had an opportunity to do so. G. While a member is speaking, no member shall disturb the meeting or hamper the transaction of business. Members shall refrain from openly sending or receiving text messages during the meeting. Member's cell phones and similar devices shall be kept on "silent" and off the dais so as to not be distractive to either the public or the Corporative Authorities. H. A member when called to order by the Village President shall thereupon discontinue speaking and the order or ruling of the Village President shall be binding and conclusive, subject only to the right of appeal. Any member may appeal to the Board of Trustees from a ruling of the Village President pursuant to Section 2.02.200. 1. Any member acting or appearing in a lewd or disgraceful manner, or who uses abusive, disrespectful or disgraceful, obscene or insulting language to or about any member of the Board of Trustees or a member of staff, or who does not obey the order of the Village President, or persists in disorderly, disruptive conduct shall be, on motion, censured by a majority vote of the members present. Any member who interferes with the orderly conduct of the meeting or who persists in disorderly, disruptive conduct may be expelled from the meeting by a two-thirds vote of all members elected. J. The Village President shall eject from the meeting any person, other than an elected official, who interferes with the orderly conduct of the meeting or who persists in disorderly, disruptive conduct and may call on any officer of the police department for assistance. K. 1. Meetings of the Corporate Authorities may be sound recorded, photographed, filmed or televised by representatives of any news medium, as defined in Section 8-902 of the Illinois Code of Civil Procedure (735 ILCS 5/8-902), as now or hereafter amended, or as may otherwise be authorized under the Illinois Open Meetings Act. 2. However, no flashbulbs, flood lights or similar lighting may be used during meetings of the Corporate Authorities without the approval of the Village President. No person may disrupt a meeting or interfere with the orderly communication among or the unobstructed vision of the participants in the meeting, or of the general public in attendance. m 0 N 0 N O Packet Pg. 183 9.E.c 3. Photographic and television equipment may be restricted by the Village President to designated areas of the room in which a meeting is being conducted, but such area must have a clear view of the proceedings. 4. No person shall take photographs or make other visual recordings of any meeting until he or she has informed the Village President of such intent. L. Whenever the Corporate Authorities sits as a tribunal or conducts a hearing at which witnesses are to testify, and a witness asserts the right under state or federal law to refuse to testify if the proceedings are to be broadcast, televised or photographed, the Village President shall direct that all such photographing, broadcasting and televising cease during the testimony of the witness, and the Village President shall enforce such order by all lawful means. M. When preparing for any meeting of the Corporate Authorities, members should, to the greatest extent possible, direct questions ahead of time to the Village Manager, or designee, so that staff can provide the desired information at the Corporate Authorities meeting. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.200190 - Appeals. Any Trustee may appeal from a ruling of the Village President. If the appeal is seconded, only the Trustee moving the appeal may speak to the motion, but the Village President may explain his ruling. Otherwise there shall be no discussion or debate. The Village President shall put the question: "Shall the decision of the Chair be sustained?" If a majority of the members present vote "no," the decision of the Chair shall be overruled; otherwise, it shall be sustained. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.-10200 - Suspension of rules. The rules of order of the Corporate Authorities may be suspended by motion adopted by a two-thirds vote of the Corporate Authorities then holding office, except that any suspension of a rule or procedure requiring a greater vote shall require that same vote. However, no requirement or procedure imposed by any State law which is a limitation on municipal home rule units may be suspended. Any such motion must specify the matters to which the suspension applies. No suspension of the rules of procedure shall extend beyond the meeting at which the motion is made. (Ord. No. 2010-25, § 2, 5-3-2010) 2.02.2-10210 - Rules of order. The rules of order of the Corporate Authorities of the Village of Buffalo Grove shall consist of the provisions of this Chapter and, except where inconsistent or in conflict with this Chapter or with Illinois law, the provisions of Robert's Rules of Order Newly Revised, latest edition, to the extent otherwise applicable. 0 N 0 N O Packet Pg. 184 9.E.c (Ord. No. 2010-25, § 2, 5-3-2010) F:APTBrankiuABuffalo Grove, CrillagcAOrdinancesAChapter_2.02_PROCEDURES _ OF THE CORPORATE AUTHORITIES (1).doc G a 0 N O N C d E t U r� Q Packet Pg. 185 Action Item : Lake Cook Water Main Addition ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Staff recommends approval. Staff recommends granting authorization to the Village Manager to spend up to an additional $550,000.00 for Village water main within the Lake Cook Road project under the current agreement with the Cook County Department of Transportation and Highways (CCDOTH). If formal amendments are required to the agreement those will be presented to the Village Board for approval separately. ATTACHMENTS: • Water Main Memo R1 (DOCX) • LakeCookWaterMainAddition (PDF) Trustee Liaison Stein Monday, August 17, 2020 Staff Contact Kyle Johnson, Engineering Updated: 8/11/2020 2:58 PM Page 1 Packet Pg. 186 11.A.a 'jLLA.'E OF BUFFALO CROVE' MEMORANDUM DATE: August 12, 2020 TO: Jenny Maltas, Deputy Village Manager FROM: Kyle Johnson, Civil Engineer II SUBJECT: Water Main Addition to Lake Cook Road Project The Lake Cook Road Improvement Project, led by the Cook County Department of Transportation and Highways, includes approximately $1.5 million dollars of improvements to the Village's water main system. The agreement for that work was previously approved by the Village Board in Resolution R2017- 14. The project was planned over the last decade and beyond, but currently its six months into its two and half year long construction process. Through our Water System Study, and some follow up engineering, it was discovered that an opportunity exists within the Lake Cook Road Project limits to make our water system more efficient at an effective cost. All the additional work is along Buffalo Grove Road, south of Lake Cook Road, with some elements stretching down Short Aptakisic Road and St. Mary's Road. By replacing or adjusting an existing 1100 feet of water main, an additional 1000 feet of fatigued main can be removed from the County's right-of-way permanently. This adjustment not only accomplishes approximately 2100 feet of improvement today, but it also lowers the Village's long term liability to maintain that main in another agency's a high traffic right- of-way. The heightened incentive to adding this to the County's project is that the Village saves on • overhead due to the scale of the County project • restoration costs that are already a part of the County's project • permit fees, obligations and nuances of working solely on a Village owned main in another agency's right-of-way • the timing of the planning, processing and execution of our work in their jurisdictional area With design nearly complete, the cost of these improvements is approximately $505,000.00, which makes the water main improvement cost about $240/linear foot of water main. Typical costs for main of this size in this location are around $400/linear foot. Packet Pg. 187 11.A.a At this time, the County is willing to move forward under our current agreement with a sign off from the Village through a letter detailing the obligations we'll commit to for this work. If any amendments are required to the existing agreement they will be brought back to the Village Board for approval. Staff recommends giving authorization to the Village Manager to expend up to an additional $550,000.00 for Village water main within the Lake Cook Road project under the current agreement with the Cook County Department of Transportation and Highways. This value is approximately 10% above the existing estimate in order to allow for final design or construction changes. All funds will be from the Bond funds previously approved. Packet Pg. 188 i .O Q m CD AW m c.i 0 IL Im (uoi;ippd uiew Ja;eM 1003 amen) uoi;ippVuieWaa;eM)joo3aje-j :;uowLloe;;d o (D s� LL o b 40 N i LO LO co o A, LO CD �f 00 �x o-ds. ® .1e O J^ ��9fo Safi s� o0 p 00 sI5 .p Je a} p o om a o n je �17� sr��7� are . mq ��n �M'�9�yt ��4 U4s1U�. a ,IN 13.1 Information Item : Executive Session- 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 Body of the Minutes or Semi -Annual Review of the Minutes as Mandated by Section 2.06. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Executive Session - 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 body of the minutes or semi-annual review of the minutes as mandated by Section 2.06. Trustee Liaison Ms. Sirabian Monday, August 17, 2020 Staff Contact Dane Bragg, Office of the Village Manager Updated: 8/12/2020 11:40 AM Page 1 Packet Pg. 190