2025-07-21 - Ordinance 2025-083 - APPROVING A RIGHT-OF-WAY ACCESS AGREEMENT WITH LEVEL 3 COMMUNICATIONS, LLC-$,
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BUFFAIO
GR9VE
oRDTNANCE 2025-OA3
AN ORDINANCE APPROVING A RIGHT-OF-
WAY ACCESS AGREEMENT WITH LEVEL 3
COMMUNICATIONS, LLC
WHEREAS the Village of Buffalo Crove is a home rule unit pursuant to the
lllinois Constitution of l97O; and
WHEREAS the Village seeks to enter into a right-of-way access agreement
with Level 3 Communications, LLC.
NOW THEREFORE BE tT ORDAINED by the President and Board of Trustees of the
Village of Buffalo Crove, Cook and Lake Counties, lllinois, as follows:
SECTION 2. The right-of-way access agreement attached herein is approved subject
to review and approval by the Village Attorney and Village Engineer.
SECTION 3. lf any section, paragraph, clause or provision of this Ordinance shall be
held invalid, the invalidity thereof shall not affect any other provision of this
Ord ina nce.
SECTION 4. This Ordinance shall be in full force and effect from and after its passage
and approval and shall not be codified.
AYES:
NAYES:
ABSENT:
PASSED:
APPROVED:
PUBLISHED
APPROVED
Siid biah, Yiilage Clerk Eric N. Smit age President_l^
"':
: Page 1 of I
smart with heart.
50 Raupp Blvd, Buffalo Crove, tL 60089 \ 847-4S9-2SOO vbg.org
SECTION l. The foregoing recitals are hereby adopted and incorporated and made a
part of this Ordinance as if fully set forth herein.
6 - Johnson. Richards. Cesario. Ottenheimer. Bocek. Weidenfeld
0 - None
O - None
July21.2025
July21.2C25
Julv23.2025
ATTEST:
RICHT.OF-WAY ACCESS ACREENIENT
This Right-ot--Way Access Agreement ("Agreement") is made and entered into this Z\ day of
J uL{,2025. by and between the Village of Buffalo Grove. an lllinois home rule municipal
corporation ("Village"), and Level 3 Communications. LLC, a Delaware limited liability Company
("Licensee").
RECITALS
A. The Village owns, controls, and maintains public rights-of-way and has adopted Title l2 of its
Municipal Code goveming the use. construction. and occupancy of said rights-of-way.
B. Licensee provides Telecommunications services and is duly authorized under federal and state
law and seeks to install, operate. and maintain fiber optic or other communications facilities in the
Village's rights-of-way.
C. Licensee desires to obtain from the Village a non-exclusive license to access certain ponions of
its rights-of-way and the Village is willing to grant such a license under the terms set forth herein,
consistent with applicable laws and in the interest ofthe public welfare.
SECTION I. CRANT OF LICENSE
l.l The Village. acting through its Village Manager or Village Engineer pursuant to authority
delegated by the Village Board ofTrustees. grants to Licensee a non-exclusive. revocable license
to install, operate, maintain. repair. replace. and remove communications facilities within the
public rights-of-way identified in Exhibit A ("Licensed Area"), subject to the terms of this
Agreement. Village ordinances. but not limited to Title l2 and Title l6 of the Village Code as
amended from time to time. and all applicable federal and state laws.
1.2 Licensee shall not use or occupy any easement or property interest not o*ned by the Village
without first obtaining lawful authority to do so and providing written evidence thereof to the
Village.
1.3 Licensee shall not interfere with existing or future public utility infrastructure and shall
coordinate installations to avoid conflict with existing easements or encroachments.
1.4 Licensee shall construct and maintain its facilities in a manner that preserves the safety and
accessibility of the public rights-of-way. Facilities shall not impede visibility, ADA access. or
emergency response operations.
SECTTON 2. TERM
This Agreement shall be effective as ofthe date above and shall remain in effect for five (5) years.
It may be renewed for one (l) additional five-year term upon mutual written agreement of the
parties unless either party provides written notice of non-renewal at least 180 days prior to
expiration.
3.1 Licensee shall obtain all required permits before commencing any work. All activity must
comply with the Village Code. applicable safety standards. and any conditions attached to the
permits. No facility may be installed or maintained outside of the Licensed Area without prior
written approval.
3.2 Licensee shall not use or occupy any easement or property interest not owned by the Village
without first obtaining larlful authority to do so and providing written evidence thereof to the
Village.
3.3 Licensee shall not interfere with existing or future public utility infrastructure and shall
coordinate installations to avoid conflict with existing easements or encroachments.
3.4 Licensee shall construct and maintain its facilities in a manner that preserves the safety and
accessibility of the public rights-of-way. Facilities shall not impede visibility. ADA access. or
emergency response operations.
3.5 Licensee shall post and maintain irrevocable letter ofcredit. bond or other financial security in
a form acceptable to the Village in the amount of I l0% of the Engineer's Opinion of Probable
Costs. or such other amount as may be required under Section l2.04.100 of the Village Code. The
security shall ensure compliance with the terms of this Agreement. restoration obligations. and
indemnifi cation commitments.
3.6 Licensee shall annually register with the Village as required by Section 12.04.030 of the
Village Code. including current contact, emergency. and insurance information.
3.7 No person shall construct (as defined in this Chapter l2 ofthe Village Code) any facility on.
over. above. along. upon. under. across. or within any Village right-of-way *,hich: ( | ) changes the
location ofthe facility. (2) adds a ne*, facility. (3) disrupts the right-of-way (as defined in Chapter
l2 ofthe Village Code), or (4) materially increases the amount of area or space occupied by the
facility on. over. above. along, under across or within the right-of-way, without llrst filing an
application with the Village Engineer and obtaining a permit from the Village therefor. excepr as
otherwise provided in Chapter l2 of the Village Code. No permit shall be required for installation
and maintenance ofservice connections to customers' prem ises where there will be no disruption
ofthe right-of-way.
SECTION J. CONIPLIANCE AND PERMITS
3.7.1 All applications for permits pursuant to Chapter l2 of the Village Code shall be filed on a
form provided by the Village and shall be filed in such number ofduplicate copies as the Village
may designate. The applicant may designate those portions of its application materials that it
reasonably believes contain proprietary or contldential information as "proprietary" or
"confidential" by clearly marking each page of such materials accordingly.
3.7.2 Permit application length. All permit applications will be limited to 5.000 feet or as
determined reasonable by the Village Engineer.
3.7.3 Minimum Ceneral Application Requirements. The application shall be made by the utility
or its duly authorized representative and shall contain. at a minimum. the following:
3.7.3.1 The utility's name and address and telephone and telecopy numbers.
3.7.3.2 The applicant's name and address, if different than the utility. its telephone, telecopy
numbers, e-mail address, and its interest in the work.
3.7.3.3 The names, addresses and telephone and telecopy numbers and e-mail addresses of all
professional consultants, ifany. advising the applicant with respect to the application.
3.7.3.4 A general description ofthe proposed work and the purposes and intent ofthe facility and
the uses to which the facility will be put. The scope and detail of such description shall be
appropriate to the nature and character ofthe work to be performed. with special emphasis on those
matters likely to be afTected or impacted by the work proposed.
3.7.3.5 Evidence that the utility has been placed on file with the Village:
3.7.3.6 A written trafTic control plan demonstrating the protective measures and devices that will
be employed consistent with the lllinois Manual on Uniform Traffic Control Devices. to prevent
injury or damage to persons or property and to minimize disruptions to efficient pedestrian and
vehicular traffic: and
3.7.3.7 An emergency contingency plan which shall specily the nature of potential emergencies.
including. without limitation. construction and hazardous materials emergencies, and the intended
response by the applicant. The intended response shall include notification to the Village and shall
promote protection ofthe safety and convenience ofthe public. Compliance with ICC regulations
for emergency contingency plans constitutes compliance with this section unless the Village finds
that additional inlormation or assurances are needed.
3.7.3.8 Drawings. plans and specifications showing the work proposed, including the certification
ofan engineer that such drawings. plans. and specifications comply with applicable codes. rules.
and regulations: Drawings must include all existing utilities which should be obtained through a
Design Stage JULIE locate ticket request.
1.7.3.9 Evidence of insurance as required herein
3.7.3.10
Village Code.
Evidence ofposting ofthe security fund as required in Section 12.04.100 ofthe
3.7.3.t1
Code; and
3.7.3.12 Such additional information as may be reasonably required by the Village.
3.7.4 ln the case of the installation of a new electric power, communications,
telecommunications, cable television service, video service or natural gas distribution system,
evidence that any "Certificate of Public Convenience and Necessity" or other regulatory
authorization that the applicant is required by law to obtain. or that the applicant has elected to
obtain. has been issued by the ICC or other jurisdictional authority.
3.7.4 Applicant's Duty to Update Information. Throughout the entire permit application review
period and the construction period authorized by the permit. any amendments to information
contained in a permit application shall be submitted by the utility in writing to the Village within
thirty days after the change necessitating the amendment.
3.8 Village Review of Permit Applications. Completed permit applications. containing all
required documentation. shall be examined by the Village Engineer within a reasonable time after
filing. If the application does not conform to the requirements of applicable ordinances. codes.
laws. rules. and regulations. the Village Engineer shall reject such application. If the Village
Engineer is satisfied that the proposed work conforms to the requirements ofChapter l2 of the
Village Code and applicable ordinances. codes, laws, rules. and regulations, the Village Engineer
shall issue a permit therefor as soon as practicable. ln all instances. it shall be the duty of the
applicant to demonstrate. to the satisfaction ofthe Village Engineer. that the construction proposed
under the application shall be in full compliance with the requirements ofChapter l2 ofthe Village
Code. The Village Engineer may also approve an application "As Noted". which will demonstrate
provisions ofthe permit that are required ofthe work.
3.9 Effect of Permit - Authority Granted. No Property Right or Other Interesr Created. A permit
from the Village authorizes a permittee to undertake only certain activities in accordance with
Chapter l2 ofthe Village Code on Village rights-of-way and does not create a property right or
grant authority to the permittee to impinge upon the rights ofothers who may have an interest in
the rights-of-way.
3.10.1 Duration. No permit issued under Chapter l2 of the Village Code shall bevalid for a period
longer than six months unless construction is actually begun within that period and is thereafter
diligently pursued to completion.
3.10.2 Pre-Construction Meeting at the village Engineer's option. no construction shall begin
pursuant to a permit issued under Chapter l2 of the Village Code prior to attendance by the
Any request for a variance from one or more provisions of Chapter l2 of the Village
permittee and all major contractors and subcontractors who will perform any work under the
permil at a pre-construction meeting. The pre-construction meeting shall be held at a date, time
and place designated by the Village with such Village representatives in attendance as the Village
deems necessary. The meeting shall be for the purpose of reviewing the work under the permit.
and reviewing special considerations necessary in the areas where work will occur. including,
without limitation, presence or absence of other utility facilities in the area and their locations,
procedures to avoid disruption of other utilities. use of rights-of-way by the public during
construction. and access and egress by adjacent property owners.
3.10.3 Compliance with All Laws Required. The issuance of a permit by the Village does not
excuse the permittee from complying with other requirements of the Village and applicable
statutes. laws. ordinances. rules. and regulations.
3.10.4 Notice Before Commencement of Construction. A minimum of seventy-two hours prior
written notice must be given to the Village Engineer before any work shall begin pursuant to a
permit issued under Chapter l2 ofthe Village Code.
3.10.5 Copy of Permit at Site Location. A copy ofthe issued permit shall be kept at the work site
at all times.
3.13 Revised Permit Drawings - lfthe actual locations ofany facilities deviate in any material
respect from the locations identified in the plans, drawings and specifications submitted with the
permit application. the permittee shall submit a revised set of drawings or plans to the Village
within ninety days after the completion of the permitted work. The revised drawings or plans shall
specifically identifi where the locations ofthe actual facilities deviate fiom the locations approved
in the permit. Ifany deviation from the permit also deviates from the requirements ofChapter l2
of the Village Code it shall be treated as a request for variance in accordance with Section
12.04.210 of Chapter l2 of the Village Code. If the Village denies the request tbr a variance, then
the permittee shall either remove the facility from the right-of-way or modify the facility so that it
conforms to the permit and submit revised drawings or plans therefore.
3.l4 Village Right to Revoke Permit. The Village may revoke or suspend a permir issued
pursuant to Chapter l2 ofthe Village Code for one or more ofthe following reasons:
3.14.1 Fraudulent. false. misrepresenting, or materially incomplete statements in the perm it
application.
3.14.2 Noncompliance with Chapter l2 of the Village Code.
3.14.3 Permittee's physical presence or presence oi permittee's facilities on. over. above. along.
upon, under. across, or within the rights-of-way presents a direct or imminent threat to the public
health, safety. or welfarel or
3. 14.4 Permiftee's failure to construct the facilities substantially in accordance with the permit and
approved plans.
lncomplete or failure to perform on another permit within the Village.
3.1 5 Notice of Revocation or Suspension. The Village shall send written notice of its intent to
revoke or suspend a permit issued pursuant to Chapter l2 ofthe Village Code stating the reason
or reasons for the revocation or suspension and the altematives available to permittee under this
section.
3.1 6 The Village may. in its discretion. for good cause shown. extend the time periods provided
in this subsection.
3.16. I Stop Work Order. In addition to the issuance of a notice of revocation or suspension. the
Village may issue a stop work order immediately upon discovery of any of the reasons for
revocation set forth within subsection A ofthis section.
3.16.2 Failure or Refusal of the Permittee to Comply. If the permittee fails to comply with the
provisions of subsection C of this section. the Village or its designee may. at the option of the
Village: ( l) correct the deficiencies with prior written notice to permittee: (2) upon not less than
twenty days'prior written notice to the permittee, remove the subject facilities or equipment: or
(3) after not less than thirty days' prior written notice to the permittee of failure to cure the
noncompliance. deem them abandoned and property ofthe Village. The permittee shall be liable
in all events to the Village for all costs of removal.
SECTION {. FEES AND COSTS
Licensee shall pay all applicable permit fees and reimburse the Village for any actual, reasonable
third-party costs incurred for engineering review, inspections, or restoration oversight. as
permined under Title 12. Licensor agrees to provide Licensee with advance written notice ofany
third-party costs.
SECTION 5. INSURANCE
5.1 Licensee shall maintain insurance as required by Section 12.04.080 of the Village Code.
include the Village and its elected and appointed oflicials. employees. agents. and representatives
as additional insureds. Certificates of insurance shall be fi led prior to the commencement of work
and updated annually. Nothing in this Agreement shall prevent the village from requiring greater
insurance coverage than specified in Section 12.04.080.
5.2 All insurance shall be effected under policies issued by carriers rated at least A- and Class VII
by A.M. Best. Licensee may selt--insure only upon written approval by the Village and
demonstration offinancial capacity consistent with Section 12.04.080(E) ofthe Village Code.
SECTION 6. INDEMNIFICATION
To the fullest extent permitted by law. Licensee shall defend. indemnifr. and hold harmless the
Village. its corporate authorities. oflicers, officials. employees. agents, representatives, and
contractors (collectively, the "lndemnitees") from and against any and all claims, liabilities,
obligations, damages. penalties. fines. costs. and expenses (including aftomeys'fees and expert
witness fees), ofany kind or nature. whether direct or indirect. arising out ofor resulting from:
(a) Licensee's or its contractors', subcontractors', employees'. agents', or affiliates' negligent acts
or omissions in connection with the construction. installation. operation. maintenance. repair.
relocation. or removal of Licensee's facilities.
(b) any breach or default by Licensee in the performance of its obligations under this Agreement.
(c) any violation by Licensee or its agents ofapplicable law.
(d) any claim for bodily injury. personal injury, death. property damage. or economic harm arising
out ofor in connection with Licensee's use or occupancy ofthe rights-of-way.
(e) any claim arising from or related to the relocation or removal of the Licensee's facilities in
accordance with Section 7 or Section 8. including. but not limited to those brought by Licensee's
customers or end users that assert injuries ofany kind resulting from a loss or intemrption of
service in the licensed facility.
except to the extent caused by the gross negligence or willful misconduct of the Village. The
obligations set forth in this section shall survive the expiration or earlier termination of this
Agreement. Nothing herein shall waive any defense or immunity the Village may assert as it
relates to any claim.
SECTION 7. RELOCATION AND REMOVAL
7.1 Village-Directed Relocation in the Public Interest.
Upon wriften notice from the Village Manager or their designee. Licensee shall. at its sole cost
and expense, promptly relocate, remove. or adjust its facilities as directed when necessary to
further the public interest. Examples include public works. utility improvements. transportation
upgrades. or safety enhancements. Formal direction from the Village Board shall not be required
to trigger Licensee's obligations under this Section.
7.2 Timing and Compliance.
Unless otherwise stated. Licensee shall complete the relocation within forty-flve (45) days or such
additional time as the parties may mutually agree. Permitting and other requirements remain
applicable to the relocation efforts. The Village Manager may grunt an extension for good cause
provided such an extension does not delay the remainder of the project to the detrimenl of the
Village. The Village may assess any costs associated with an extension requested or otherwise
occasioned by the Licensee on the Licensee.
7.3 Failure to Comply.
If Licensee does not comply. the Village may perform the work and invoice Licensee for all
reasonable costs. Payment is due within thirty (30) days.
7.4 Emergency Relocation.
In emergencies, the Village shall endeavor to contact Licensee by contacting
NetworkOperationsCenter@lumen.com or l -888-678-7070. in the event that Licensee is unable to
respond to such emergency, the Village may relocate Licensee's facilities as reasonably necessary
to divert the emergency. provided that the Village provides written notice to the Licensee
reasonably soon thereafter. Licensee shall reimburse the Village for its actual and documented
costs upon demand.
Licensee waives any claim tbr compensation related to relocation or removal as it relates to the
Village's request to relocate as provided for under this Section.
7.6 Interruption.
Licensee shall indemniS, defend. and hold the Village harmless from any and all claims by itself.
its customers or third parties resulting t'rom any intemrption ofservice occasioned by the relocation
or removal ofthe Licensees' facilities under this section
SECTION 8. ABANDONMENT AND REMOVAL UPON CESSATION OF
OPERATIONS
8.1 Obligation to Remove Facilities.
Licensee shall remove its facilities and restore the right-of-way upon:
7.5 No Compensation.
(a) Insolvency or bankruptcy.
(b) Cessation ofoperations within the Village: or
(c) Non-use ofa facility for six (6) consecutive months without justification.
8.2 Notice of Cessation or Abandonment.
Licensee shall notiS the Village within thirty (30) days ofany such event.
8.3 Village Self-Help.
If Licensee does not remove the facilities within sixty (60) days of notice from the Village, the
Village may perform the work and recover costs through any security provided and seek to recover
any difference from Licensee.
8.4 Title to Abandoned Facilities.
The Village may elect to take title to abandoned facilities by written notice in the event that
Licensee fails to remove its facilities as provided for in this Section 8. At the Village's election,
title may be limited to certain appurtenances.
8.5 Determination of Abandonment.
A facility will be deemed abandoned if:
- It is unused for six (6) consecutive monthsl and
- Licensee fails to demonstrate legitimate business plans or continued maintenance.
- Licensee fails to respond within thirty (30) days to a Village request for certification ofuse.
The Village may request an annual certification oluse and intent to maintain.
SECTION 9. ASSIGNMENT
9.1 Except as provided for herein. Licensee shall not assign this Agreement without the Village's
consent which shall not be unreasonably. withheld. conditioned or delayed. Notwithstanding any
provision to the contrary contained in this Agreement, Licensee may assign this Agreement
without the Village's consent to any Licensee AfTiliates (as defined below). Any such assignee
will have a similar right to assign this Agreement without the Village's consent to any of its own
Licensee Affiliates. As used in this paragraph. "Licensee Affiliates" means: (a) any entity that
controls. is controlled by or is under common control with Licensee: (b) any entity that purchases
all or substantially all of Licensee's assets located Lake and/or cook county: (c) any entity that
acquires a majority of the equity interests in Licensee or a direct or indirect parent company of
Licensee; and (d) any newly created or surviving successor entity that results fiom a merger,
reorganization or consolidation involving Licensee or any of its direct or indirect parent
companies.
9.2 Where Licensee is required to secure the Village's consent to an assignment, Licensee shall
notiry the Village at least thirty (30) days prior to any transfer of ownership or control ofthe
facilities. All obligations of this Agreement shall be binding on any successor.
SECTION IO. DEFAT:LT AND TERMINATION
10. I The Village may revoke this License. in whole or in part, or suspend construction or operation
ofany Licensee facilities within the public right-of-way, if:
l. Licensee has made a materially false or misleading statement in its application.
2. Licensee fails to comply with any term. condition. or obligation under this Agreement or
applicable Village ordinances. including Title l2 .
3. The presence or condition ofthe Licensee's facilities presents an imminent threat to public
health or safety; or
4. Licensee lails to construct or maintain its facilities substantiallv in accordance r,r ith the
approved plans or applicable law.
5. Licensee fails to comply with JULIE law.
10.2 Prior to revocation provided for in Section l0.l above, the Village shall give written notice
to Licensee describing the default or violation. Licensee shall have thirry (30) days to cure the
violation or. if it cannot reasonably be cured within such a period, to begin and diligently pursue
the cure to completion.
10.3. If Licensee fails to cure within the required period. the Village may with prior written to the
Licensee revoke the License or take such other enforcement action as authorized by law. including
removal of facilities at Licensee's expense.
10.4 Nothing in this Agreement shall be construed to limit the Village's authoriry under Title
12.04. I I 0 or other applicable law.
SECTION I I, NOTICES
All notices shallbe in writing and delivered by personal service. certified mail. electronic mail. or
courier to:
If to the Village:
Village Manager
Village of Buffalo Crove
50 Raupp Blvd
Buffalo Grove. IL 60089
With a copy to:
Patrick T. Brankin. Village Attorney
Schain Banks Kenny & Schwartz. Ltd
70 W Madison St.. Ste 5400
Chicago, IL 60601
(312) 345-5700
pbrankin@schainbanks.com
Iflo L icensee:
Level 3 Communications. LLC
c/o Lumen Technologies, lnc.
931 l4th Street
Denver. CO 80202
Attn: Network ROW
With a copy to:
Level 3 Communications, LLC
c/o Lumen Technologies. lnc.
931 l4th Street
Denver. CO 80202
Ann: Network Legal
Network Contact:
N etu orkOperatiolsqenlqf@ I um en.com
| -888-678-7070
SECTION I2. GOVERNING LAW AND VENUE
This Agreement shall be govemed by and construed in accordance with the laws ofthe State of
Illinois. without regard to its conflicts of laws principles. Any litigation or proceeding arising out
ofor relating to this Agreement shall be brought exclusively in the Circuit Court ofCook County,
Illinois. and the parties irrevocably submit to thejurisdiction and venue ofthat court.
SECTION I3. GENERAL CONSTRUCTION REQTIIREMENTS
13. I General Conditions
I 3. | . I It is the policy of the Municipality and other goveming agencies to set standards flor the
performance ofconstruction. This agreement shall expressly adhere to the 'standard Specifications
for Road and Bridge Construction'. latest edition. the 'standard Specifications for water and
Sewer Main Construction in lllinois'. latest edition. the'lllinois Manual on Uniform Traffic
Control Devices'. latest edition. and Village Code unless otherwise specified herein.
13.2 JULIE Notification
13.2.1 The Contractor shallcontact the Joint Utiliq' Locating Information for Excavators (JULIE)
a minimum of two (2) days (not including the day of the call) in advance before any project is
started in accordance with Article 107.39 ofthe Standard Specifications and JULIE law.
13.3 Prosecution of the Work
13.3.1 The work shall be prosecuted in such a manner and with such a supply of materials,
equipment and labor as is considered necessary to ensure successful completion according to the
time specified.
13.3.2 The utility shall notify the Village Engineer in writing at least 72 hours in advance of
construction commencement and 24 hours in advance of either discontinuing or resuming
operations.
13.4 Construction Work Periods
13.4.I Construction operations shall be completed in accordance with Title 9.38 ofthe Village
Code. All work shall be confined to the period beginning at 7:00 AM and ending at 6:00 PM on
weekdays. No work shall be done on Saturdays. Sundays or legal holiday periods as defined in
article 107.09 ofthe Standard Specifications.
13.4.2 Construction operations on rights-of-way may. at the discretion of the Village
Engineer, be required to be discontinued when such operations would create hazards to traffic
or the public health, safety. and welfare. Such operations may also be required to be
discontinued or restricted when conditions are such that construction would result in extensive
damage to the right-of-way or other property.
Construction operations must coordinate with other project work and operations. The Village
Engineer may require the discontinuation of work at any time to ensure projecls are appropriately
prioritized.
13.4.3 These restrictions may be waived by the Village Engineer when emergency work is
required to restore vital utility services.
13.5 Emergency Contact
The utility shall appoint an emergency contact for the Village which shall be available twenty-four
(24) hours a day, seven (7) days a week, regarding problems. or complaints resulting liom the
installation. operation. maintenance. or removal of the facilities. At a minimum. the utility shall
provide a phone number for this person. The emergency contacl as of the execution of the
Agreem ent is: NetllorkODerations
r3.5. t
li.6 Progress Schedule
Centerral lumen.com . r-888-678-7070
13.6.1 Prior to the start of construction, the Contractor shall submit to the Village Engineer a
satisfactory progress schedule or critical path schedule which shall show the proposed sequence
of work. and how the utility proposes 1o complete the various items of work within the timeframe
allowed. Work may not begin prior to the Village Engineer approving this schedule.
13.7 Traflic Control Plan
13.7.1 Traffic Control shall be according to the applicable sections ofthe Standard Specifications.
the Supplemental Specifications, the "lllinois Manual on Uniform Traffic Control Devices for
Streets and Highways", any special details and Highway Standards contained in the plans, and the
Special Prov isions contained herein.
13.7.2 Special attention is called to Article 107.09 of the Standard Specifications and the
following Highway Standards, Details, Quality Standard for Work Zone Traffic Control Devices,
Recurring Special Provisions and Special Provisions contained herein. relating to traffic control.
13.7.3 The utility shall take immediate action to correct any deficiencies in traffic
protection requirements that are brought to the utility's attention by the Village. Failure to
comply may result in a flne in accordance with Article 107.09 ofthe Standard Specifications
and/or a termination oi work activities.
13.8 Maintenance ofRoadways and Erosion Control
13.8.1 The utility shall be required to control dust or air-bome dirt resulting from
construction operations by utilizing a mechanical street sweeper on all pavements within or
adjacent to the project work zone throughout the duration ofthe project. The resulting debris
shall be disposed ofoff-site in accordance with Article 202.03 ofthe Standard Specifications.
Individual fire hydrant use shall not be permitted to control dust at specific locations. The
utility shall provide dust control operations daily, throughout the project limits and adjacent
streets. At the direction of the Village Engineer. a professional street sweeper may be
requested on a weekly basis or as deemed necessary.
13.8.2 No excavations shall be left open during non-work hours unless approved by the
Engineer and adequately protected from the public.
13.8.3 The utility'will be required over the course of construction to clean inlet filter
baskets u,eekly or prior to a forecasted rain event. Many ofthe homes in the Village have
lower garages and are susceptible to damage when streets flood. The utility shall be held liable
for any damage to private structures if it is determined that the damage was due to the utilities
neglect as specified herein. In the event water is not properly running through inlet filter
baskets caused by debris. the Village crews may respond to resident calls about street
flooding. Any Village expense occurred in labor or materials responding to these calls will be
back charged to the utility.
13.8.4 The utility will be required to perform erosion control best management practices
as listed on the plans, specifications, and details during construction. Discharge of sediment-
laden water or construction debris into the storm sewer system or waterways will not be
permitted and subjected to a monetary penalty as noted in the monetary penalties general
condition. In addition, the utility will be responsible for cleaning all storm sewer systems and
waterways to their preconstruction condition to the satisfaction of the Village Engineer. ln
the event of an illicit discharge. regardless of blame, the utility shall concentrate their work
efforts on remedying the situation to correct the deficiency.
I 3.9 Construction Staging
13.9.1 No material shall be stored on the right-of-way without the prior approval ofthe
Village Engineer. When such storage is permitted. all pipe, conduit, wire. poles, cross arms,
or other materials shall be distributed along the right-of-way prior to and during installation
in a manner to minimize hazards to the public or an obstacle to right-of-way maintenance or
damage to the right-of-way and other property. lf material is to be stored on right-of-way.
prior approval must be obtained from the Village.
13.9.2 The plans submitted by the utility to the Village Engineer shall identify any
hazardous materials that may be involved in the construction ofthe new facilities or removal
of any existing fac ilities.
I 3.10 Boring or Jacking
l3.l0.l Pits and Shoring. Boring orjacking under rights-of-way shall be accomplished from
pits located at a minimum distance specified by the Village Engineer from the edge of the
pavement. Pits for boring orjacking shall be excavated no more than forty-eight hours in advance
of boring or jacking operations and backfilled within forty-eighr hours after boring or jacking
operations are completed. While pits are open. they shall be clearly marked and protected by
barricades. Shoring shall be designed. erected. supported. braced. and maintained so that it will
safely support all vertical and lateral loads that may be imposed upon it during the boring orjacking
operation.
I 3.10.2 Wet Boring or Jetting. Wet boring or jetting shall not be perm itted under the roadway.
unless otherwise agreed by the Village Engineer.
13. 10.3 Borings u'ith Diameters Greater than Six Inches. Borings over six inches (fifteen one-
hundredths m) in diameter shall be accomplished uith an auger and following pipe. and the
13.9.3 The utility shall make themselves ar.rare oi the surroundings and of private
propert) . The V illage r,r'ill not tolerate entering private propert) or d riving eq u ipment/veh ic les
on a driveway ll'ithin the public right of lr'ay to remain for any reason during construction
unless prior approval has been granted by the property owner.
diameter ofthe auger shall not exceed the outside diameter ofthe following pipe by more than one
inch (twenty-five mm).
13.10.4 Borings with Diameters Six lnches or Less. Borings of six inches or less in diameter
may be accomplished by eitherjacking. guided u'ith auger. or auger and following pipe method.
13.10.5 Tree Preservation. Any facility located within the drip line ofany tree designated by
the Village to be preserved or protected shall be bored under or around the root system.
l3.l I Trenching
l3.ll.2 The length ofopen trench shall be kept to the practicable minimum consistent with
requirements tbr pipe-line testing. Only one-half of any intersection may have an open trench at
any lime unless special permission is obtained from the Village Engineer.
l3.l I .3 Open Trench and Excavated Material. Open trench and windrowed excavated material
shall be protected as required by Chapter 6 ofthe Illinois Manual on Uniform Traffic Control
Devices. Where practicable. the excavated material shall be deposited between the roadway and
the trench as added protection. Excavated material shall not be allowed to remain on the paved
portion of the roadr.lay. Where right-of-way width does not allou for windro*,ing excavated
material offthe paved portion ofthe roadway. excavated material shall be hauled to an otf-road
location.
l3.ll..l Drip Line of Trees. The utility shall not trench within the drip line of any rree
designated by the Village to be presen'ed.
13.12 Backtilling
13.l2.l Any pit. trench. or excavation created during the installation of facilities shall be
backfilled for its full width. depth. and length using methods and materials in accordance with
IDOT's "Standard Specifications for Road and Bridge Construction." When excavated material is
hauled ar.r a1 or is unsuitable for backfill. suitable granular backtlll shall be used based upon
Exhibit 109 of Title l6 of the Village Code.
13.12.2 For a period ol'three years from the date construction ofa lacility is completed. the
utilit) shall be responsible to remove and restore an1' backfilled area that has settled due to
construction ofthe facilitl'. Ifso. ordered bl the Engineer. the utilit). at its expense. shall remove
an) pavement and backfill material to the top ofthe installed facility. place and properly compact
new backfill material, and restore neu'pavement. sidewalk. curbs. and driveways to the proper
grades. as determined b1 the Engineer.
l3.ll.l Trenching for facility installation. repair. or maintenance on rights-of-way shall be
done in accord with the applicable portions ofSection 603 of IDOT's "Standard Specifications fbr
Road and Bridge Construction."
13.13 Pavement Cuts
I 3. ll. I Pavement cuts for fhcility installation or repair shall be perm itted on a highway only if
that portion of the highwal, is closed to traflic. lfa variance to the limitation set forth in this
subsection is permitted under Section 12.04.210 of the Village Code. the tbllowing requirements
shall apply:
13.13.2 Any excavation under pavements shall be backfilled and compacted as soon as
practicable with IDOT approved granular material of CA-6 or CA-10 gradation. in accordance
with Section 1004 ofthe Standard Specifications and as designated by rhe Engineer. All aggregates
shall be compacted to 95o/o modified proctor densit) conforming ro ASTM D-1557 or AASHTO
T- 180.
13.13.3 Restoration of pavement. in kind. shall be accomplished within ten days after any
portion ofthe right-of-way or easement is disturbed. damaged or destroyed due to construction or
maintenance by the utility. and temporary repair with bituminous mixture shall be provided
immediately. An1' subsequent failure of either the temporary repair or the restoration shall be
rebuilt upon notification by the Village. All hot-mix asphalt shall be an IDOT approved mix and
be compacted in accordance with Section 406 ol-the Standard Specifications. All portland cement
concrete shall be an IDOT approved mix in accordance with Sections 420.423. and 424 ofthe
Standard Specitications.
13.13.,1 The utility shall be required to perform a perpendicularll, straight joint by full-depth
machine sa*ing ofall proposed items to be removed priorto removal operations to prevent damage
or spalling to existing hardscape to remain. Simple or partial depth scoring shall not be permitted.
AII sawcut slurry. regardless ofthe amount. shall be promptly removed to prevent tracking. Any
slurry tracked or left on surfaces to remain shall be thoroughly cleaned or replaced. at the direction
of the Village Engineer. b.v the utility.
13.13.5 For all rights-of-way' r.lhich have been reconstructed with a concrete surface/base in the
last seven )'ears. or resurl'aced in the last three years. permits shall not be issued unless such rlork
is determ ined to be an emergency repair or other work considered necessary and unforeseen before
the time ofthe reconstruction or unless a pavement cut is necessary for a JULIE locate.
Pavement cuts on surfaces rehabilitated or replaced in the last seven years will not be permitted
without permission from the village Engineer. In the event any hard surface is damaged by the
Licensee or their contractor. the surface will be required to be replaced from coldjoint to coldjoint
in each d irection.
13.l4 Encasement
l3.l4.l Casing pipe shall be designed ro $ithsrand the load of the highual.and an1 other
superimposed loads. The casing shall be continuous either b1 one-piece fabrication or b1. r.r,elding
orjointed installation approved by the Village.
13.14.2 The venting. ifany. ofany encasement shall extend within one lbot (three-tenths m) of
the right-of-way line. No above-ground vent pipes shall be located in the area established as clear
zone for that particular section ofthe highway.
I 3.1 5 Landscape Restoration
l3.l5.l The utility shall restore all tum and terrain w'ithin ten day,s after any portion ofthe right-
of-way or easement is dislurbed. damaged or destroyed due to construction or maintenance by the
utility in accordance with Sections 211.250. and 251 ofthe Standard Specifications. work shall
include all labor. material. and equipment necessary to lumish and install pulverized topsoil, seed.
fertilizer nutrients and Mulch Method 3A in accordance with Sections 2ll. 250. and 251 of the
Standard Specifications and as specitied herein.
13. I 5.2 Pulverized topsoil shall be placed to a maximum depth of four (4) inches and not be
placed until the area has been shaped. trimmed. and finished to the lines and grades as directed by
the Engineer. All irregularities. depressions. or high points in the surface shall be filled or
smoothed out before topsoil is placed. The surface of the topsoil shall be blended to match the
existing terrain and adjacent roadway. and be free from clods. stones. sticks. and debris.
13.15.3 The utility shall f-urnish and place IDOT Class lA seed. and be produced and tested in
the current year. be ofgood quality. and free of u,eeds. Nitrogen, Phosphorus. and Potassium
Fertilizer nutrients shall be applied at a I : I ratio in accordance with Article 250.0.1 ofthe Standard
Specitications. Within 24 hours of seed placement. erosion control blanket shall be placed in
accordance u ith Article 25 I .04 of the Standard Specifications.
13.15.4 It is recommended that the utility water the area every other day at a rate of three (3)
gallons per square yard. however. it is the sole and exclusive responsibility ofthe utility to make
required adjustments to the watering rate or schedule. To be acceptable fbr final acceptance. the
landscaped areas shall undergo a 3O-day period of establishment beginning on rhe last day thar
seed is sowed. During this period. the utility shall be responsible for watering. removing weeds
and maintaining the seeded areas and repairing any damage to the seeded areas due to but not
limited to. errant vehicles. severe weather or all other causes. At the end ofthe 30-da1 period of
establishment. the Village or Engineer will inspect the landscaped area and if deemed
unsatisfactory. the utility shall be required to provide means and methods necessary to establish a
live. healthy turfarea. Should the seed not germinate because ofprevailing cool weather, the period
ofestablishment may be adjusted as determined by the Engineer. It shall be the sole and exclusive
responsibility of the utility. not the Village. fbr maintaining and monitoring the landscape
restoration during the period of establishment.
13.15.5 Planting times shall be perfbrmed when the ambient temperature has been between
45'F and 80'F for a minimum of seven (7) consecutive days and is forecasted to be the same tbr
the next five (5) days according to the National Weather Service.
13.16 Protection of Mailboxes
I 3. 16. I The utility shall take all necessary precautions rl hen r.r,orking near mailboxes. If at the
utility's discretion. a mailbox will interfere with construction operations. a temporary mailbox
shall be located per the United States Postal Service requirements and the permanent mailbox
reinstalled follou ing said operation. At no time shall a resident be u ithout a mailbox or not receive
mail due to a mailbox being removed. replaced or damaged. The utility shall replace any mailbox
or post which has been damaged by the utility's operations due to neglect. misconduct or poor
workmanship.
13.16.2 The utility must maintain access for both residents and mail carriers to all mailboxes
throughout the duration ofthe project.
13.17 Use of Fire Hydrants
| 3. I 7.1 The indiscriminate use of fire hl"drants is strictly prohibited. The utility' can obtain non-
potable water in bulk fbr a charge at Buff'alo Crove's self-serve Water Station located at 851
Krause Drive. There is a credit card reader attached to the station for payment. The utility shall
provide a water truck or containment and driver to obtain and transport the water. If it is determ ined
that the utility or its subcontractors operate or use a Village fire hy-drant. a monetary penalty of
$1.000 per occurrence u'ill be imposed.
l3.l 8 Existing Hardscape
l3.l8.l Any damage to existing hardscape from tracked equipment or due to the utility's
negligence. workmanship. or neglect shall be replaced at the utilities expense. lt is recommended
rubber tired or rubber tracked equipment is used. The Village shall determine the limit of removal
and replacement operations. and all work shall be completed to the satisf'action of the Village
Engineer.
I 3. l9 Tree Protection and Presen'ation
l3.l9.l Breaking otf branches of plant material to remain during clearing or construction
operations r.rill not be allowed. Preceding any existing tree pruning or trimming operations. the
utility shall demonstrate that there is no other practical method to complete the w,ork and request
permission from the Engineer. All pruning shall be done according to the current ANSI .4300 (Part
l)-PruningStandard.
13.19.2 All branches and tbliage pruned or trimmed shall be disposed ofoff-site in accordance
with Article 202.03 of the Standard Specifications.
I 3. I 9.3 All existing trees larger than 6" in diameter and not specifically designated for removal.
which are removed or damaged due to the utilities neglect. shall be inspected by the Village
Forester or his designated representative. For each infraction that causes damage to a tree. a
monetary penalty of $1.000 may be imposed and the replacement ofthe damaged tree is required.
depending on the extenl of injury caused to each tree. No replacement tree shall have a diameter
of less than J" or more than 6". unless authorized by the Village of Buftalo Grove. All ner.,',
plantings shall be completed in accordance r.r,ith Section 253 ofthe Standard Specifications.
13.20 Use of the Work Site
13.20.1 The utility shall use the Work Site solell' to complete the Work and such related
activities as may be authorized or directed by the Village. Except as provided herein, the utility
shall not (nor shall the utility cause or permit any employee or person under utilities control)
display or broadcast commercial. political. or religious messages or advertisements ofany nature
at the Work Site or in connection with the Work. The tbregoing shall not be construed to prohibit
the following at the Work Site or in connection u,ith the Work: (a) the use of equipment. materials.
or other items (e.g. personnel uniforms and clothing) that identiS the utility (such as by displaying
the utilities name. logo. slogan. contact information. or similar messages) orthat identify the maker
or supplier of such equipment. material. or item: or (b) the use or display of signs. flags. cones,
traffic control devices. markers. or other similar devices that reasonably relate to the Work. Work
Site safety. public saf'ety. or regulatory compliance: or (c) personal speech. religious practice. or
expression by any individual performing Work or at the Work Site: or (d) upon written approval
or direction of the Village. the d isplay- of information regarding the sponsor of the Work or funding
sources for the Work.
11.20.2 In addition. the utilitl shall not (nor shall the utilit) require or permit irs personnel.
subcontractors. or subcontractors'personnel to) conduct any' prohibited political activity at the
Work Site or while performing the Work. The utility' and its personnel or subcontractors (including
any subcontractor's personnel) shall not intentionalll, or knou,ingly use the Work Site or any other
properg or resources of the Village in connection rith any prohibited political activity. For
purposes ofthis section. the term -prohibited political activiq-" shall have the meaning ser forth in
Section 5 ofthe State Ofticials and Employees Ethics Act. 5 ILCS 430/l-5.
13.2 | Water and Sewer Services
13.2 I .l The Village of Buffalo Grove will not locate private water and sewer service lines as
part ofthe JULIE notification system. The property owner is the o\\.ner ofthese services from the
building to the main and are exempt liom the JULIE s1'stem.
13.21.2 The utility is tully responsible for protecting all utilities near or in their excavation area
and shall make themselves fully auare ofthe exact location ofeach utilitl: marked or not marked.
The utility ma) elect to locate any and all utilities marked or unmarked. at their expense. Repeated
damage to service lines will need to be repaired f'rom the main to the right-of-way as directed by
the Engineer. The utility shall be responsible fbr repairs to all damaged utilities incurred as
determined b1 the Village or Engineer.
13.21 .3 All repairs to damaged water and sewer service lines shall be completed with material
equal to, including size. ofthe existing service. Connections ofdissimilar materials shall be made
with stainless steel non-shear mission couplings or appropriate flare couplings tbr water services.
All fittings for copper water service lines shall be of the "flare" type regardless of temporary or
permanent use. An,," damage to existing ll'ater service lines during construction shall be repaired
with the existing main under pressure. The utility shall have a crimping tool and e-z out or freeze
kit on-site to make repairs as required. Repair of service lines in this manner shall only be
performed on lines that w'ill be abandoned as part of this project. ifapplicable.
13.21.4 The utility shall refer to the Village of Buffalo Grove's Exhibit 109 Materials List for
all material requirements.
13.22 Red Line Record Drawings
13.22.1 Prior to initial acceptance of improvements. the utility shall supply the Village Engineer
with red line as-built drawings ofthe installed and abandoned utility improvements including but
not limited to depth and alignment ofnew utility. horizontal offsets ofat-grade appurtenances. and
other underground utility deviations. The depth and alignment shall be noted at all utiliry" crossings.
and a minimum fifty (50) tbot spacing along the utility.
13.22.2 The as-built drawings shall be submitted to the Village in red marked PDF file on rhe
approved plan. As-builts with insufTicient recorded information will be rejected.
13.23 Final Site Inspection
I 3.2i. I After the utility has subm itted the notice of final completion to the Village. the Village
may pertbrm a final site inspection ofthe work performed.
13.23.2 Upon completion of the final site inspection. the Village Engineer will provide the
utility a list ofany deficiencies documented. The utility will have fourteen (14) calendar days to
correct any dellciencies following the scheduled final inspection and punch list submittal by the
Village Engineer.
ln the event of a conflict between this section and the Village Code. the Village Engineer shall
determ ine the proper clarification.
SECTION t4. TELECOMMUNICATION SPECIFIC REQUIREMf,NTS
14. I Fiber Optic Cable
l4.l . | .l The Fiber Optic Cable and the installation shall meet the requirements of the National
Electrical Code (NEC). particularly covered in Article 770.
14.1.1.2 All splices shall be secured in fiber optic splice trays within fiber optic distribution
enclosures. No in-ground splices or terminations will be permitted.
14. I . I .3 Extra cable shall be left in each fiber optic enclosure. Storage of additional extra cable
in each handhole shall be coiled. These coils shall be bound at a minimum ofthree points around
the coil perimeter and supported in their static storage positions. The minimum of extra cable
amounts shall be ten ( l0) feet in gulfboxes and jundion boxes, fifty (50) feet in handholes, and
one hundred ( 100) feet in double handholes. conduit risers. support poles. and any splice location.
In the event ofa conflict between this section and the Village Code. the Village Engineer shall
determine the proper clarifi cation.
| 5.1 .l.l Notice to the Public
15.1.2 The utility may be required as reasonably directed by the Village Engineer ar the time of
permit issuance, to provide and distribute letters to residents or business owners anytime access
will be affected to a home or business. They may also be required as reasonably directed by the
Village Engineer at the time of permit issuance. to notifl residents or business owners ifthey *'ill
be working in the righfof-way directly adjacent to the property or through an easement on the
property.
I 5.1 .3 Letters shall be typed on standard 8.5" x I I " paper and an envelope may or may not be
used. All letters shall be printed on the utilities letterhead and include the name. address. and
telephone number ofthe utilities person in charge.
I 5.1 .4 Letters shall be taped to a non-painted surface using painters' tape or approved equal. and
will be placed in as many locations as needed to ensure they will be visible to residents.
Distributing letters via mailbox is discouraged. however. must be compliant with all United States
Postal Service federal regulations. Notification letters shall include, but are not limited to, the
following information :
l5.l .4.1 The exact day work is ro begin that will aflect access (weather permitting).
I 5.1 .4.2 How the residents will know they may resume normal access to their property.
I 5. I .4.3 The anticipated length of the closure (no more than one week will be permifted).
15.1.4.4 Specific location where parking is permiued. both ovemight and during the
working day (as signed and normally permitted during dayime).
15.1.4.5 The village of Buffalo crove Police Department has been notified that ovemight
parking will be permitted. (lt shall be the responsibility ofthe Contractor to confirm rhis with the
Village.)
15. I .4.6 The utility will go door-to-door the moment prior to work is to begin to ensure all
accommodation is made.
15.1.4.7 The utilities person in charge name and contact information for additional
information or specific requests.
15.3.3.8 Specific documentation as to why they have access rights to the easement (if
applicable.)
15.1.5 Notification letters shall be distributed a minimum of 24 hours prior to access being
affected or otherwise. If this requirement is not met. work shall not commence. Additional letters
may be required when weather or other unforeseen circumstances change the schedule. When
requested, the utility is required to retum or provide correspondence from a resident within 24
hours.
SECTION I6. ENTIRE AGREEMENT; AMENDMENT
This Agreement represents the full understanding between the parties and may only be amended
by written instrument signed by both.
IN WITNESS WHEREOF. the parties have executed this Agreement as of the date first above
written.
VILLAG BUFFAL VE
u
Name:
Title:
6ri. u. Srnitr^
LICENSEE
LEVEL 3 COMMUNICATIONS. LLC
B)':,4,2*
Name:James Nickerson
V;t\.a<- P'.cid.,r*
'[ itle:Director. ROW & Dark Fiber
EXHIBIT A
[Attach schematic or detailed description oflicensed locations]
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