2025-11-03 - Ordinance 2025-109 - APPROVING A RIGHT-OF-WAY ACCESS AGREEMENT WITH DELTA COMMUNICATIONS, LLC D/B/A CLEARWAVE FIBER, LLC.*k' -
BUFEAIO
GRPVE
oRDtNANCE 2o25-1o9
AN ORDTNANCE APPROVING A RIGHT.OF.
WAY ACCESS AGREEMENT WITH DELTA
COMMUNTCATIONS, LLC D/B/A CLEARWAVE
FIBER, LLC
ROV
rS-"X;.,.*-
Sirabiarr, Village Clerk Eric N. S m Village President
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 Delta Communications, LLC d/b/a Clearwave Fiber, LLC.
NOW THEREFORE BE 1T ORDAINED by the President and Board of Trustees of the
Village of Buffalo Crove, Cook and Lake Counties, lllinois, as follows:
SECTION I. The foregoing recitals are hereby adopted and incorporated and made a
part of this Ordinance as if fully set forth herein.
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
Ordina nce.
SECTION 4, This Ordinance shall be in full force and effect from and after its passage
and approvaland shall not be codified.
AYES:
NAYES:
ABSENT:
PASSED:
APPROVED:
PUBLISHED
ATTEST
Jan
Paqe 1 of 'l
smart with heart.
50 Raupp Blvd, Buffalo Grove, lL 60089 \ 847-459-2500, vbg.org
6 - Johnson. Richards. Cesario. Ottenheimer. Bocek. Weidenfeld
O - None
O - None
November 3. 2025
November 3. 2025
November 6. 2025
This Right-of-Way Access Agreement ("Agreement") is made and entered into this 3rd day of
November 2025, by and between the Village of Buffalo Grove, an Illinois home rule municipal
corporation ("Village"), and Delta Communications, LLC d,hla Clearwave Fiber, an Illinois
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 ofsaid rights-of-way.
B. Licensee is a communications provider 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 fiom the Village a non-exclusive license to access certain portions 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. GRANT OF LICENSE
l.l The Village, acting through its Village Manager or Village Engineer pursuant to authority
delegated by the Village Board of Trustees, 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 12 and Title 16 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 owned 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 infi:astructure 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.
SECTION 2. TERNT
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
RICHT-OF-WAY ACCESS AGREEMENT
parties unless either party provides written notice of non-renewal at least 180 days prior to
expiration.
SECTION 3. COMPLIANCE AND PERMITS
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 lawful 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-oFway. Facilities shall not impede visibility, ADA access, or
emergency response operations.
3.5 Licensee shall post and maintain irrevocable letter ofcredit or other financial security in a form
acceptable to the Village in the amount of I l0% ofthe Engineer's Opinion ofProbable Costs, or
such other amount as may be required under Section 12.04.100 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 t2.04.030 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 which: ( I ) changes the
location ofthe facility, (2) adds a new facility, (3) disrupts the right-of-way (as defined in Chapter
12 of the 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 first filing an
application with the Village Engineer and obtaining a permit from the Village therefor, except as
otherwise provided in Chapter 12 ofthe Village Code. No permit shall be required for installation
and maintenance ofservice connections to customers' premises where there will be no disruption
ofthe right-of-way.
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 confidential information as "proprietary" or
"confidential" by clearly marking each page of such materials accordingly.
3.7.2 Permit application length. Atl permit applications will be limited to 5,000 feet or as
determined reasonable by the Village Engineer.
3.7.3 Minimum General 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.
f .7.3.2The applicant's name and ad&ess, 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 ad&esses of all
professional consultants, ifany, advising the applicant with respect to the application.
3.7.3.4 A general description of the 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 affected 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 traflic control plan demonstrating the protective measures and devices that will
be employed consistent with the Illinois Manual on Uniform Traffic Control Devices, to prevent
injury or damage to persons or property and to minimize disruptions to efficient pedestrian and
vehicular traflicl and
3.7.3.7 An emergency contingency plan which shall specifu the nature ofpotential 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 information 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.
3.7.3.9 Evidence of insurance as required herein.
3.7.3.10 Evidence of posting of the security fund as required in Section 12.04.100 of the
Village Code.
3.7.3.11
Code; and
Any request for a variance from one or more provisions ofChapter l2 ofthe Village
3.7.3.12 Such additional information as may be reasonabty required by the Village.
3.7.4 ln the case ol the installation ol a new electric power. communications.
telecommunications, cable television scrvice, 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 of Chapter 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. In 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 fulI 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 Interest Created. A permit
from the Village authorizes a permiftee to undertake only certain activities in accordance with
Chapter l2 of the 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 of others who may have an interest in
the rights-of-way.
3.10.1 Duration. No permit issued under Chapter l2 ofthe Village Code shall be valid 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 12 of the Village Code prior to attendance by the
permittee and all major contractors and subcontractors who will perform any work under the
permit 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 aftendance 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 12 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 - Ifthe actual locations of any 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 ofthe permitted work. The revised drawings or plans shall
specifically identiff where the locations ofthe actual facilities deviate from the locations approved
in the permit. Ifany deviation from the permit also deviates from the requirements of Chapter 12
of the Village Code it shall be treated as a request for variance in accordance with Section
12.04.210 ofChapter l2 of the Village Code. Ifthe Village denies the request for a variance, then
the permittee shall either remove the facility from the righrof-way or modiff the facility so that it
confoms to the permit and submit revised drawings or plans therefore.
3.14 Village Right to Revoke Permit. The Village may revoke or suspend a permit issued
pursuant to Chapter 12 ofthe Village Code for one or more of the following reasons:
3.14.1 Fraudulent, false, misrepresenting, or materially incomplete statements in the permit
application.
3.14.2 Noncompliance with Chapter l2 of the Village Code.
3.14.3 Permittee's physical presence or presence of 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 welfare; or
3.14.4 Permittee's failure to construct the facilities substantially in accordance with the permit and
approved plans.
Incomplete or failure to perform on another permit within the Village
3.16 The Village may, in its discretion, for good cause shown, extend the time periods provided
in this subsection.
3.16.1 Stop Work Order. In addition to the issuance ofa 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 of this 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; (2) upon not less than rwenty days'notice to the permittee,
remove the subject facilities or equipment; or (3) after not less than thirty days'notice to the
permiftee offailure 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 4. 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
permitted under Title 12.
SECTION 5. INSURANCE
5.1 Licensee shall maintain insurance as required by Section 12.04.080 of the Village Code,
naming the Village and its elected and appointed officials, employees, agents, and representatives
as additional insureds. Certificates of insurance shall be filed prior to the commencement ofwork
and updated annually. Nothing in this Agreement shall prevent the Village fiom requiring gteater
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 self-insure only upon written approval by the Village and
demonstration of financial capacity consistent with Section 12.04.080(E) ofthe Village Code.
SECTION 6. INDEMNIFICATION
To the futlest extent permitted by law, Licensee shall defend, indemnifo, and hold harmless the
Village, its corporate authorities, officers, officials, employees, agents, representatives, and
contractors (collectively, the "Indemnitees") from and against any and all claims, liabilities,
obligations, damages, penalties, fines, costs, and expenses (including attomeys' fees and expert
witness fees), ofany kind or nature, whether direct or indirect, arising out ofor resulting from:
3.15 Notice of Revocation or Suspension. The Village shall send written notice of its intent to
revoke or suspend a permit issued pursuant to Chapter 12 ofthe Village Code stating the reason
or reasons for the revocation or suspension and the altematives available to permittee under this
section.
(a) Licensee's or its contractors', subcontractors', employees', agents', or affiliates' 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 of applicable 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 of the rights-of-way.
(e) any claim arising fiom 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 of any 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 written 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 intetest. 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-five (45) days.
Permitting and other requirements remain applicable to the relocation efforts. The Village
Manager may gnnt an extension for good cause provided such an extension does not delay the
remainder of the project to the detriment 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 may relocate facilities without prior notice. Licensee shall reimburse
costs upon demand.
7.5 No Compensation.
Licensee waives any claim for compensation related to relocation or removal under this Section.
7.6 Intemrption.
Licensee shall indemniS, defend, and hold the Village harmless from any and all claims by itself,
its customers or third parties resulting from any intem.rption ofservice occasioned by the relocation
or removal ofthe Licensees' facilities under this section
SECTION E. ABAIIDONMENT AND REMOVAL T]PON CESSATION OF
OPERATIONS
8.1 Obligation to Rernove Facilities.
Licensee shall remove its facilities and restore the right-of-way upon:
(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 notiff 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 secwity provided and seek to recover
any difference fiom Licensee.
8.4 Title to Abandoned Facilities.
The Village may elect to take title to abandoned facilities by written notice. At the Village's
election, title may be limited to certain appurtenances.
8.5 Determination of Abandonment.
A facility v/ill be deemed abandoned if:
- It is unused for six (6) consecutive months; and
- Licensee fails to demonstrate legitimate business plans or continued maintenance.
3. The presence or condition ofthe Licensee's facilities presents an imminent threat to public
health or safety; or
4. Licensee fails to construct or maintain its facilities substantially in accordance with the
approved plans or applicable law.
5. Licensee fails to comply with JULIE law.
10.2 Prior to revocation, the Village shall give written notice to Licensee describing the default or
violation. Licensee shall have thirty (30) days to cure the violation or, if it cannot reasonably be
cured within such a period, to begin and diligently pusue the cure to completion.
10.3. If Licensee fails to cure within the required period, the Village may revoke the License or
take such other enforcement action as authorized by law, including removal of facitities at
Licensee's expense.
10.4 Nothing in this Agreement shall be construed to limit the Village's authority under Title
12.04.1 l0 or other applicable law.
SECTION II. NOTICES
All notices shall be in writing and delivered by personal service, certified mail, eleckonic mail, or
courier to:
If to the Village:
Village Manager
If to Licensee:
IInsert Address and Contact Info]
- Licensee fails to respond within thirty (30) days to a Village request for certification ofuse.
The Village may request an annual certification ofuse and intent to maintain.
SECTION 9. ASSIGNMENT
9.1 Assignment is prohibited without prior written consent ofthe Village.
9.2 Licensee shall noti!, 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. DEFAULT AND TERMINATION
I 0.1 The Village may revoke this License, in whole or in part, or suspend construction or operation
of any 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 12.
With a copy to:
Clearwave Fiber
P.O. Box 1229
Pooler, GA 3 1322
Attn: Legal Department
legal@clearwavefi ber.com
SECTION 12. 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 13. GENERAL CONSTRUCTION REQUIREMENTS
t 3.1 General Conditions
l3.l . I It is the policy of the Municipality and other goveming agencies to set standards for the
performance ofconstruction. This ageement shall expressly adhere to the 'Standard Specifications
for Road and Bridge Construction', latest edition, the'Standard Specifications for Water and
Sewer Main Construction in Illinois', latest edition, the 'Illinois Manual on Uniform Traflic
Control Devices', latest edition, and Village Code unless otherwise specified herein.
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 notiry 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.
Village of Buffalo Grove
50 Raupp Blvd
Buffalo Grove, lL 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
Delta Communications LLC
d,/b/a Clearwave Fiber
P.O. Box 808
Harrisburg, lL 62946
13.2 JULIE Notification
13.2.1 The Contractor shall contact the Joint Utility Locating lnformation for Excavators (JULIE)
a minimum of two (2) days (not including the day ofthe call) in advance before any project is
started in accordance with Article 107.39 ofthe Standard Specifications and JULIE law.
13.4 Construction Work Periods
13.4.1 Construction operations shall be completed in accordance with Title 9.38 of the Village
Code. A-ll 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 of the 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 ensue projects 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
13.5.1 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
from the installation, operation, maintenance, or removal of the facilities. At a minimum, the utility
shall provide a phone number for this person.
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 to complete the various items of work within the timeframe
allowed. Work may not begin prior to the Village Engineer approving this schedule.
13.7.1 Traffrc Control shall be according to the applicable sections ofthe Standard Specifications,
the Supplemental Specifications, the "Illinois Manual on Uniform Traffic Control Devices for
Streets and Highways", any special details and Highway Standards contained in the plans, and the
Special Provisions 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.
13.6 Progress Schedule
13.7 Traffic Control Plan
11.7.3 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 fine in accordance with Article 107.09 ofthe Standard Specifications
and/or a termination of work activities.
I 3.8 Maintenance of Roadways 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 weekly or prior to a forecasted rain event. Many of the 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. In
the event of an illicit discharge, regardless of blame, the utility shall concentrate their work
efforts on remedying the siruation 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 of the
Village Engineer. When such storage is permitted, all pipe, conduit, wire, poles, cross anns,
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 righfof-way and other property. If 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 identiff any
hazardous materials that may be involved in the construction ofthe new facilities or removal
of any existing facilities.
13.9.3 The utility shall make themselves aware of the surroundings and of private
property. The Village will not tolerate entering private property or driving equipment/vehicles
on a driveway within the public right of way to remain for any reason during construction
unless prior approval has been granted by the property owner.
13. l0 Boring or Jacking
l3.l0.l Pits and Shoring. Boring or jacking 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-eight 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.
13. 10.2 Wet Bonng or Jetting. Wet boring or jetting shall not be permitted under the roadway.
13.10.3 Borings with Diameters Greater than Six Inches. Borings over six inches (fifteen one-
hundredths m) in diameter shall be accomplished with an auger and following pipe, and the
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 Inches or Less. Borings of six inches or less in diameter
may be accomplished by eitherjacking, guided with 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.t l.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 for
Road and Bridge Construction."
l3.l 1.2 The length of open trench shall be kept to the practicable minimum consistent with
requirements for pipeJine testing. Only one-half of any intersection may have an open trench at
any time unless specia[ permission is obtained from the Village Engineer.
l3.l 1.3 Ofren Trench and Excavated Material. Open trench and windrowed excavated material
shall be protected as required by Chapter 6 of the 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 roadway. Where right-of-way width does not allow for windrowing excavated
material off the paved portion of the roadway, excavated material shall be hauled to an off-road
location.
l3.ll.4 Drip Line of Trees. The utility shall not trench within the drip line of any tree
designated by the Village to be preserved.
13.12 Backfilling
l3.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 away or is unsuitable for backfi , suitable $anular backfill shall be used based upon
Exhibit 109 of Title l6 of the village Code.
13.12.2 For a period of three years fiom the date construction of a facility is completed, the
utility shall be responsible to remove and restore any backfilled area that has settled due to
construction ofthe facility. Ifso, ordered by the Engineer, the utility, at its expense, shall remove
any pavement and backfill material to the top ofthe installed facility, place and properly compact
new backfill material, and restore new pavement, sidewalk, curbs, and driveways to the proper
$ades, as determined by the Engineer.
13.13 Pavement Cuts
13. 13. I Pavement cuts for facility installation or repair shall be permitted on a highway only if
that portion of the highway is closed to traffic. If a variance to the limitation set forth in this
subsection is permitted under Section l2.04.ZlO of the Village Code, the following 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 the Engineer. AII aggregates
shall be compacted to 95% modified proctor density conforming to 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. Any subsequent failure of either the temporary repair or the restoration shall be
13.13.4 The utility shall be required to perform a perpendicularly straight joint by full-depth
machine sawing ofalI proposed items to be removed prior to removal operations to prevent damage
or spalling to existing hardscape to remain. Simple or partial depth scoring shall not be permitted.
All sawcut slurry, regardless of the 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
ofthe Village Engineer, by the utility.
13. 13.5 For all righs-of-way which have been reconstmcted with a concrete surface/base in the
last seven years, or resurfaced in the last three years. permits shall not be issued unless such work
is determined 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 cold joint
in each direction.
13.14 Encasement
l3.l4.l Casing pipe shall be designed to withstand the load of the highway and any other
superimposed loads. The casing shall be continuous either by one-piece fabrication or by welding
orjointed installation approved by the Village.
13.14.2 The venting, ifany, ofany encasement shall extend within one foot (three+enths m) of
the right-of-way [ine. No above-ground vent pipes shall be located in the area established as clear
zone for that particular section ofthe highway.
13.15 LandscapeRestoration
l3.l5.l The utility shall restore all tum and terrain within ten days after any po(ion ofthe right-
of-way or easement is disturbed, damaged or destroyed due to construction or maintenance by the
utility in accordance with Sections 211,250, and 251 of the Standard Specifications. work shall
include all labor, material, and equipment necessary to fumish 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 specified herein.
l3.l 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
rebuilt upon notification by the Village. All hot-mix asphalt shall be an IDOT approved mix and
be compacted in accordance with Section 406 ofthe Standard Specifications. All portland cement
concrete shall be an IDOT approved mix in accordance with Sections 420, 423, and 424 of the
Standard Specifi cations.
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 fumish and place IDOT Class lA seed, and be produced and tested in
the current year, be of good quality, and free of weeds. Nitrogen, Phosphorus, and Potassium
Fertilizer nutrients shall be applied at a I : I ratio in accordance with Article 250.04 of the Standard
Specifications. Within 24 hours of seed placement, erosion control blanket shall be placed in
accordance with Article 251.04 ofthe Standard Specifications.
13.15.4 It is recommended that the utility water the .[ea every other day at a rate of three (3)
gallons per square yard, however, it is the sole and exclusive responsibility of the utility to make
required adjustments to the watering rate or schedule.
13.15.5 To be acceptable for final acceptance, the landscaped areas shall undergo a 30-day
period ofestablishment beginning on the last day that 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-day period ofestablishment, 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 turf area. Should the seed not germinate because
of prevailing cool weather, the period of establishment may be adjusted as determined by the
Engineer. It shall be the sole and exclusive responsibility of the utility, not the Village, for
maintaining and monitoring the landscape restoration during the period of establishment.
13.15.6 Planting times shall be performed when the ambient temperature has been between
45'F and 80'F for a minimum ofseven (7) consecutive days and is forecasted to be the same for
the next five (5) days according to the National Weather Service.
13.16 Protection of Mailboxes
l3.l6.l The utility shall take all necessary precautions when working near mailboxes. Ifat the
utility's discretion, a mailbox will interfere with construction op€rations, a temporary mailbox
shall be located per the United States Postal Service requirements and the permanent mailbox
reinstalled following said operation. At no time shall a resident be without 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 of the project.
13.17 Use of Fire Hydrants
13.17. I The indiscriminate use offire hydrants is strictly prohibited. The utility can obtain non-
potable water in bulk for a charge at Buffalo Grove'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. Ifit is determined
that the utility or its subcontractors operate or use a Village fire hydrant, a monetary penalty of
$ I ,000 per occurrence will be imposed.
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. It is recommended
rubber tired or rubber tracked equipment is used. The Village shall determine the limit ofremoval
and replacement operations, and all work shall be completed to the satisfaction of the Village
Engineer.
13.19 Tree Protection and Preservation
l3.l9.l Breaking off branches of plant material to remain during clearing or construction
operations will not be allowed. Preceding any existing ree pruning or trimming operations, the
utility shall demonstrate that there is no other practical method to complete the work and request
permission fiom the Engineer. All pruning shall be done according to the current ANSI 4300 (Part
l) - Pruning Standard.
13.19.2 All branches and foliage pruned or trimmed shall be disposed ofoff-site in accordance
with Article 202.03 ofthe Standard Specifications.
13. 19.3 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 S1,000 may be imposed and the replacement ofthe damaged tree is required,
depending on the extent of injury caused to each tree. No replacement tree shall have a diameter
of less than 3" or more than 6", unless authorized by the Village of Buffalo Grove. All new
plantings shall be completed in accordance with Section 253 ofthe Standard Specifications.
13.20 Use of the Work Site
13.20.1 The utility shall use the Work Site solely 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 utilies control) display
or broadcast commercial, political, or religious messages or advertisements of any nature at the
Work Site or in connection with the Work. The foregoing shall not be construed to prohibit the
following at the Work Site or in connection with the Work: (a) the use of equipment. materials, or
other items (e.g. personnel uniforms and clothing) that identiry the utility (such as by displaying
the utilities name, logo, slogan, contact information, or similar messages) or that identiff the maker
13.18 ExistingHardscape
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 safety, 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 ofthe Village, the display of information regarding the sponsor ofthe Work or funding
sources for the Work.
13.20.2 In addition, the utility shall not (nor shall the utility require or permit its 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 intentionally or knowingly use the Work Site or any other
property or resources of the Village in connection with any prohibited political activity. For
purposes ofthis section, the term "prohibited political activity" shall have the meaning set forth in
Section 5 ofthe State Officials and Employees Ethics Act, 5 ILCS 430/l-5.
13.21 Water and Sewer Services
13.21.1 The Village of Buffalo Grove will not locate private water and sewer service lines as
part of the JULIE notification system. The property owner is the owner ofthese services from the
building to the main and are exempt from the JULIE system.
13.21.2 The utility is fully responsible for protecting aU utilities near or in their excavation area
and shall make themselves fu[y aware ofthe exact location ofeach utility; marked or not marked.
The utility may elect to locate any and all utilities marked or umarked, at their expense. Repeated
damage to service lines will need to be repaired ftom the main to the right-of-way as directed by
the Engineer. The utility shall be responsible for repairs to all damaged utilities incured as
determined by 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 of dissimilar materials shall be made
with stainless steel non-shear mission couplings or appropriate flare couplings for water services.
All fittings for copper water service lines shall be of the "flare" type regardless of temporary or
permanent use. Any damage to existing water 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 will 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 of the installed and abandoned utility improvements including but
not limited to depth and alignment of new utility, horizontal offsets ofat-grade appurtenances, and
other underground utility deviations. The depth and alignment shall be noted at all utility crossings,
and a minimum fifty (50) foot spacing along the utility.
13.22.2 The as-built drawings shall be submitted to the Village in red marked PDF file on the
approved plan. As-builts with insufficient recorded information will be rejected.
13.23 Final Site lnspection
13.23.1 After the utility has submitted the notice of final completion to the Village, the Village
may perform a final site inspection of the 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 deficiencies 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
determine the proper clarifi cation.
SECTION I4. TELf,COMMUNICATION SPECIFIC REQUIREMENTS
l4.l Fiber Optic Cable
14.1.1 . I 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.
14.1.1.3 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 (10) feet in gulfboxes and junction 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.
SECTION 15. COMMI]NICATION REQTIIREMENTS
l5.l Website Hosting
l5.l.l All providers are required to host and maintain a Village ofBuffalo Grove specific website
that shall include, but are not limited to, the following information:
15. l.l. I Mapped projects in construction
15.1.1.2 Mapped projects in development. Showing planned design, permit and
construction schedules.
15.1.1.3 Mapped projects designed and permitted. Showing planned construction
schedules.
15.1.1.4 How does a resident find out more about services
15.2 VillageAdvertisement
t 5.2. I No Licensee will be permitted to advertise within Village publications
15.2.2 Under no circumstances may a Licensee portray alfrliation with the Village in its
publications
15.3 Public Notification on Service Delivery
15.3.1 The utility shall be required to provide and distribute letters to residents or business owners
anl4ime access will be affected to a home or business or utility service is intemrpted. They are
also required to notiff residents or business owners if they wi[[ be working in the right-of-way
directly adjacent to the property or through an easement on the property.
15.3.2 Letters shall be typed on standard 8.5" x I l" paper and an envelope may or may not be
used. All letters shall be printed on the utilities lefterhead and include the name, address, and
telephone number ofthe utilities person in charge.
15.3.3 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:
15.3.3.1 The exact day and time work is to begin that will affect access (weather permitting).
15.3.3.2 How the residents will know they may resume normal access to their property.
15.3.3.3 The anticipated length ofthe closure (no more than one week will be permitted).
15.3.3.4 Specific location where parking is permitted, both ovemight and during the
working day (as signed and normally permitted during daytime).
15.3.3.5 The Village of Buffalo Grove Police Department has been notified that ovemight
parking will be permitted. (It shall be the responsibility ofthe Contractor to confirm this with the
Village.)
15.3.3.6 The utility will go door-to-door the moment prior to work is to begin to ensure all
accommodation is made.
1,5.3.3.7 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.)
15.3.4 Notification letters shall be distributed a minimum of 24 hours prior to access being
affected or otherwise. Ifthis requirem€nt 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 return or provide correspondence from a resident within 24
hours.
SECTION 16. ENTIRE AGREEMENT; AMENDMENT
This Agreement represents the full understanding benveen 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.
VILLAGE OF B ALO GR
By
Name:€-i'c$
Title
LICENSEE
\eri.
By:
Name:
Title:
Charles Lawrence
President, Residential
EXHIBIT A
1,
16
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