2017-03 1110/2017
RESOLUTION NO. 1 -
DESIGN,A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR
WHEREAS,CONSTRUCTION,USE, OPERATION,AND MAINTENANCE OF STORMWATER AND
RECREATIONAL IMPROVEMENTS
AT THE BUFFALO CREEK FOREST PRESERVE
the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
the Village of Buffalo Grove(" LAGS") ,the Lake County Forest Preserve
District(LCF ") and the Metropolitan Water Reclamation District of Greater Chicago (" ")
entered into an agreement in 1973 concerning the Buffalo Creek Retention Reservoir which agreement
was amended on ece ber 17, 1984,- and
WHEREAS,MWRD desires to increase the original reservoir's capacity for flood control; and
WHEREAS, LCFPD desires that certain improvements e constructed within the Buffalo Creek
Forest Preserve,- and
WHEREAS,the VILLAGE is willing to modify the maintenance operations it will perform on
the reservoir site.
GROVE,NOW THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO COOK AND LAKE COUNTIES,
ILLINOIS,that the Village President and Village Clerk are hereby authorized and directed to execute the
attached Intergovernmental Agreement.
AYES: h—Bermazi,Trilling, Stein,Ottenheimer, Weidenfeld,Johnson
NAYS: 0 -None
ABSENT: 0 -None
PASSED: Januaa 2 , 2017
APPROVED: Janua y 23, 2017
APPROVED:
Beverly Sussz azz, Village President
ATTEST:
Janet Sira is ,Village Clerk
Protecting Our Water Environment BOARD OF COMMISSIONERS
Mariyana T.Spyropoulos
President
Barbara J.McGowan
Vice President
Frank Avila
Chairman of Finance
Timothy Bradford
Martin J.Durban
Josba Morita
Metropolitan Water Reclamation District of Greater Chicago Debra Shore
Karl K.Steele
1 H i CIA 1-,0 Ii 1 1 N C)I� I'i I'!R I I 11;4 s1? 7ri I ciR(1(i )-f r ,
I et. Ap r, ii
Catherine A.O'Connor, Ph.D., P.E.
Director of Engineering
312.751.7905 f: 312.751.56811
catherine.o'connor@mwrd.org April 3, 2017
Mr. Dane C. Bragg
Village Manager
Village of Buffalo Grove
50 Raupip Blvd.
Buffalo Grove, IL 60089
Dear Mr. Bragg:
Subject: Intergovernmental Agreement for Design, Construction, Use, Operation,
and Maintenance of for water and Recreational Improvements at the
Buffalo Creek Forest Preserve
Please find enclosed one copy of the subject intergovernmental agreement executed on
March 28, 2017. We currently anticipate advertising the construction contract on May 3, 2017.
We are very pleased to have partnered with the Village on this project, and are convinced
that collaborative efforts like these will help to greatly reduce the impacts of flooding,and improve
the quality of life throughout Cook County. Please contact Mr. Justin it at (312) 751-3171 if
you require further information.
Very truly yours,
01V4 ; , -/ -
,-""o� � .0 Zvx�,,�
Catherine A. O'Connor
Director of Engineering
WSS:JK:GAK:JMK:E.P:ch
Enclosure
INTERGOVERNMENTAL AGREEMENT FOR DESIGN,CONSTRUCTION,USE,
OPERATION,AND MAINTENANCE OF STORMWATER AND RECREATIONAL
IMPROVEMENTS AT THE BUFFALO CREEK FOREST PRESERVE
THIS INTERGOVERNMENTAL AGREEMENT (hereinafter the "Agreement") is entered
into as of M&(-&In 2 8"t 2017 ("Effective Date"), by and between the Metropolitan Water
Reclamation District of Greater Chicago, a unit of local government and body corporate and politic
existing under the laws of the State of Illinois (hereinafter "AM-RD"); Lake County Forest Preserve
District, a body politic and corporate (hereinafter "LCI7FD"); and the Village of Buffalo Grove, a
municipal corporation(hereinafter the "11illage")(hereinafter collectively known as the"Parties"),
WiTNESSETH:
WHEREAS, the M D is a body corporate and politic organized and existing under the laws of
the State of Illinois, 70 ILCS 2605/1 et seq., having among its powers the authority to construct, operate,
and maintain flood control facilities; and
WHEREAS, the LCFPD is a body politic and corporate, organized under the Downstate Forest
Preserve District Act, 70 ILCS 805/0,001 et seq., and having among its powers the authority to construct,
operate, and maintain recreational facilities and to acquire and own land that is required to store flood
waters, or control other drainage and water conditions;and
WHEREAS, the Village is a municipal corporation organized, operating, and existing under the
laws of the State of Illinois, and having among its powers the authority to construct, operate,and maintain
flood control facilities; and
WHEREAS, the Parties entered into an agreement in 1973 entitled "Agreement between the
Lake County Forest Preserve District and the Village of Buffalo Grove, Illinois and the Metropolitan
Sanitary District of Greater Chicago for Buffalo Creek Retention Reservoir Lake County, Illinois"and the
Parties further amended said agreement on December 17, 1984 pursuant to an "Agreement Amending a
Previous Agreement between the Lake County Forest Preserve District and the Village of Buffalo Grove,
Illinois and the Metropolitan Sanitary District of Greater Chicago for the Buffalo Creek Retention
Reservoir Lake County, Illinois" (such agreements are collectively referred to herein as the "Original
IGA"); and
WHEREAS, the Original IGA provided that LCFPD would acquire certain land that is now
commonly known as the"Buffalo Creek Forest Preserve," and grant to the MWRD an easement across a
portion of the Buffalo Creek Forest Preserve, which portion is legally described on Exhibit A attached
hereto as the "Easement Property," for "flood control and related purposes" and for"the construction of
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a flood control reservoir which will reduce flooding within the corporate limits of the [MWRD] and the
Village and other downstream areas in Cook County" (the"Easement"); and
WHEREAS, on March 1, 1984, LCFPD granted the Easement to the MWRD pursuant to a
document entitled "Perpetual Easement Grant," recorded with the Lake County Recorder of Deeds as
Document No. 2269954 (the "Original Grant"), and thereafter, the MAIRD constructed a reservoir
within the Easement Property, that has approximately 760 acre-feet of storage capacity (the "Original
Reservoir"); and
WHEREAS, the MWRD desires to increase the Original Reservoir's capacity for flood control
by approximately 184 acre-feet of storage (the "Additional Capacity") (the Original Reservoir, expanded
to include the Additional Capacity, is re erred to herein as the "Expanded Reservoir"); a conceptual
configuration of the Expanded Reservoir is generally depicted on the concept plan attached hereto as
Exhibit B(the"Concept Wan"); and
WHEREAS, to construct the Additional Capacity, MWRD will excavate a portion of Buffalo
Creek Forest Preserve and desires to place the excavated material from such excavation on a portion of
Buffalo Creek Forest Preserve located west of Schaeffer Road, and LCFPD is willing to allow such
placement, if the excavated material is graded, seeded, and planted as part of a prairie restoration project,
as provided in this Agreement(the area in which the fill will be placed and that will be the location of the
prairie restoration project is generally depicted as the "Upland Restoration and Buffer Areas" on the
Concept Plan); and
WHEREAS, the excavation work necessary to create the Additional Capacity will impact
existing stream channels within Buffalo Creek Forest Preserve and, to mitigate such impacts as required
by the United States Army Corps of Engineers ("USACE"), MWRD is required to perform mitigation
work along the main stem of Buffalo Creek and the west unnamed tributary (east of Schaeffer Road)
within Buffalo Creek Forest Preserve, which could include reducing the grade of stream banks where
steeper grades have resulted from erosion, the removal of invasive species, and the planting of native
species along stream banks(the "Stream Channel Mitigation Work"), and
WHEREAS, the LCFPD desires that certain improvements be constructed within the Buffalo
Creek Forest Preserve that will enhance the public use of, and restore and preserve the natural features of,
the Buffalo Creek Forest Preserve, including trails, bridges, boardwalks, overlooks, parking areas,
grading, landscaping, and restored areas (including restored prairies, new wetlands, and restored
shorelines, the Upland Restoration and Buffer Areas, and the Stream Channel Mitigation Work) (the
"Preserve Improvements"); LCFPD previously engaged Pearson, Brown A, Associates, Inc. to prepare
design plans for certain portions of the Preserve Improvements, which plans are described on Exhibit C
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and, by this reference, incorporated into this Agreement (the "Original Plans"); some of the Preserve
Improvements are also generally depicted on the Concept Plan; and
WHEREAS, LCFPD has obtained permits for the construction of certain portions of the
Preserve Improvements in accordance with the Original Plans, including pen-nits from the USAGE, the
Lake County Stormwater Management Agency, and the Lake County Department of Transportation (the
"Existing Permits"); and
WHEREAS, LCFPD has expended funds for the preparation of the Original Plans, obtaining the
Existing Permits, and other matters related to the design of and planning for certain portions of the
Preserve Improvements and intended to solicit bids for the construction of certain portions of the Preserve
Improvements in accordance with the Original Plans and the Existing Permits, but, at MWRD's request,
has delayed such solicitation to give the Parties an opportunity to receive the benefits provided for in this
Agreement; and
WHEREAS, ME`RD has retained Hey & Associates, Inc. (the "Consultant") to design and
engineer the Additional Capacity, the Expanded Reservoir, the Upland Restoration and Buffer Areas, and
the other Preserve Improvements; and
WHEREAS, MWRO has expended funds to further refine and enhance the Preserve
Improvements including, but not limited to raising Boardwalk 3 above the 100-year flood to allow for
continuous access along the southern trail loop through the Buffalo Creek Forest Preserve; and
WHEREAS, the Consultant has prepared and provided to the LCFPD near-final plans and
specifications dated February 2, 2016, depicting the construction of the Expanded Reservoir and the
Preserve Improvements (collectively, the "Work") and such plans and specifications are described on
Exhibit D and,by this reference, incorporated into this Agreement(the "98%Plans"); and
WHEREAS,the LCFPD has approved the 98% Plans-, and
WHEREAS, the Parties acknowledge that (I) the Buffalo Creek Forest Preserve is subject to an
agreement between the LCFPD and the Illinois Department of Natural Resources ("IDNR") related to a
Land and Water Conservation Fund grant and agreement received by the LCFPD from IONS, (the
"LA WCON Agreement"), attached hereto as Exhibit E, (ii) pursuant to the LAWCON Agreement, the
LCFPD is the local sponsor of a public outdoor recreational project at Buffalo Creek Forest Preserve, (III)
the LAWCON Agreement places certain restrictions on the use of the Property and prohibits a conversion
of the Property to a use or uses other than public outdoor recreational uses, as determined under
applicable law (a "Conversion"), unless the Conversion is approved as required by applicable law, and
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(iv) LCFPD has obtained verification from IDNR that this Agreement and the Parties actions pursuant
thereto, comply with the LAWCON Agreement and will not cause a prohibited Conversion, and such
verification is attached hereto as Exhibit F(the "LAWC Verification"),
WHEREAS, the Parties acknowledge and agree that (I) the Easement Property already includes
all portions of Buffalo Creek Forest Preserve that are necessary for MWRD to perform the Work, except
for the Work to be perfon-ned west of' Schaeffer Road and (ii) LCFPD and MWRD will execute the
Temporary Easement Agreement (as provided in Article 2.13.) to MWRD to perform the Work west of
Schaeffer Road-, and
WHEREAS, the Parties further acknowledge and agree that (I) it is appropriate to approve the
Amendment to Grant (as provided in Article 2,A,), which will provide record notice that the Original
Grant is subject to this Agreement and that this Agreement will supersede the Original IGA in the event
of a conflict and (h) following approval of this Agreement and the Amendment to Grant, MWRD will
have the right to construct the Work and to operate the Expanded Reservoir pursuant to the Original
Grant,as amended,and this Agreement, subject to the LA CON Agreement;
WHEREAS, on April 7, 2016, the MWRD Board of Commissioners authorized the MWRD to
enter into this intergovernmental agreement with the LCFPD and the Village-, and
WHEREAS, on a,jt,,. N, the LCFPD's Board of Commissioners authorized the
LCFPD to enter into this intergovernmental agreement with the MWRD and the Village; and
WHEREAS, on P3., go+7 the Village's Corporate Authorities authorized the
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Village to enter into this intergovernmental agreement with the MWRD and the LCFPD; and
WHEREAS, the MWRD, the LCFPD, and the Village are public agencies within the meaning of
the Illinois Intergovernmental Cooperation Act, 5 ILLS 22011 et seq.; and
WHEREAS, Article VII, Section 10, of the 1970 Constitution of the State of Illinois encourages
and provides for units of local government to contract and otherwise associate with other units of local
government to exercise, combine or transfer any power or function in any manner not prohibited by law-,
and
WHEREAS, the MWRD, the I,CFPD, and the Village have determined it is in the best interests
of the Parties, as well as the residents and individuals served by the Parties to utilize certain of each
other's facilities as described in this Agreement; and
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WHEREAS, the MWRD, the LCFPD, and the Village have a history of working cooperatively
for their mutual benefit and the benefit of their respective constituents and desire to further define their
respective rights and responsibilities with respect to the joint activities and improvements described
herein;
NOW, THEREFORE, pursuant to the authorities recited above and all applicable authority, in
consideration of the matters set forth in this Agreement, the mutual covenants and agreements contained
in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged,the MWRD,the LCFPD, and the Village hereby agree as follows:
ARTICLE 1. INCORPORATION OF RECITALS.
The recitals set forth above are incorporated herein by reference and made a part hereof.
ARTICLE 2. PROPERTY INTERESTS.
A. Amendment to Gi-ant. Within five (5) days after the Effective Date, LCFPD and MWRD shall
execute the "Amendment to Perpetual Easement Grant" attached hereto as Exhibit G (the
"Amendment to Grant").
B. Temporary Site Access. Within five(5)days after the Effective Date, I,CFPD and MWRD will
execute the "Tempormy Easement Agreement" attached hereto as Exhibit H, granting to
MWRD a temporary construction easement (the "Temporary Easement") to MWRD for
construction of the Work.
ARTICLE 3. REIMBURSEMENT.
In consideration of MWRD utilizing LCFPD's plans and specifications for certain portions of the Preserve
Improvements, MWRD will reimburse LCFPD in the amount of $147,899.00 (the "Reimbursement
Amount") within the later of thirty (30) days after LCFPD has approved the Final Plans (as defined in
Article 4.B.)and notified MWRD of such approval and thirty(30)days after the Effective Date.
ARTICLE 4. FINAL DESIGN AND CONSTRUCTION OF EXPANDED RESERVOIR AND
PRESERVE IMPROVEMENTS.
A. Permits. LCFPD will assign or transfer the Existing Permits to MAIRD, to the extent the
Existing Permits authorize the Work and to the extent Such assignment is authorized by the
agencies that issued the Existing Permits. MWRD will be responsible for obtaining any required
amendments to the Existing Permits and all other permits, approvals, and authorizations for the
Work, at no cost to LCFPD.
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B. Contract Documents.
0) Preparation of Contract Documents. MWRD will prepare, or cause its Consultant
to prepare, at no cost to LCFPD or the Village, (i) final plans and specifications for
the Work (the "Final Plans"), (if) one or more construction contracts (the
"Construction Contract") for the construction of the Work, and (iii) a schedule for
construction of the or (the "Schedule") (collectively, the "Contract
Documents"),
(if) Final Plans. The Final Plans must be consistent with the 98% Plans and this
Agreement and are subject to approval by LCFPD, LCFPD shall not unreasonably
delay its review of the Final Plans and may withhold its approval of the Final Plans
only if they are inconsistent with the 98%Plans or this Agreement.
(iii) Construction Contract. The Construction Contract will require the Work
Contractor(as defined herein)to:
1. fully restore any portion of Buffalo Creek Forest Preserve that is damaged by the
Work to its pre-construction condition,
2. comply with applicable law, including the Public Construction Bond Act, 30
ILCS 550/0.01 et seq., and deposit with the MWRD, the LCFPD, and the
Village, a bond in the MWILD standard bond form, attached hereto as Fxhibit 1,
(but naming MWRD as obligee and I,CFPD as dual obligee of such bond),
1 provide insurance as required in Article 6,
4. grant to the LCFPD and the Village the right to inspect the Work upon
reasonable notice to MWRD,
5. provide a guarantee, as described in the General Conditions (Article 36) of
Volume 2 of the 98% Plans, to MWBD that, for a period of one year after
MWRD approves in writing the construction of the Preserve Improvements that
are not natural areas (such as restored prairies,new wetlands, restored shorelines,
the Upland Restoration and Buffer Areas, and the Stream Channel Mitigation
Work) (the "Structural Preserve Improvements"), the Structural Preserve
huprovements will be free from defects in materials and workmanship, which
guarantee is in addition to Work Contractor's obligations pursuant to Article
4,D,(i), Prior to MWRD approving the construction of the Structural Preserve
Improvements, MWRD will give LCFPD a reasonable opportunity to comment
on the construction of said improvements. MWRD will approve in writing the
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construction of the Structural Preserve Improvements when they are installed in
accordance with the Contract Documents and LCFPD concurs, and such
concurrence shall not be unreasonably withheld or delayed by LCFPD. After
approval of construction of the Structural Preserve Improvements, MWRD will
enforce the guarantee of the work on behalf of LCFPD.
6. with respect to Temporary Storm Water Pollution Control, as described in
Section 01 5723 of Volume 2 of the 98% Plans, submit a work plan to MWRD
for review and approval,prior to the start of in-stream work. LCFPD may review
and comment on the work plan. MWRD will consider and incorporate all
comments from LCFPD with reasonable discretion,
7. with respect to Site Clearing and Grabbing, as described in Section 31 1005 of
Volume 2 of the 98% Plans, for each day during which the Work Contractor
desires to burn brush piles, obtain LCFPD's approval to conduct such burning on
that day (which approval will be granted or withheld based only on the extent to
which wind, humidity, precipitation, and other conditions will cause such
burning to negatively impact owners and occupants of property adjacent to
Buffalo Creek Forest Preserve),
8. with respect to Wetland Planting, as described in Section 32 9123 of Volume 2 of
the 98% Plans, during the time during which any wetland plants are being
installed, provide at the construction progress meetings an annotated planting
plan to WRD, to be shared with LCFPD, identifying the quantity and species
of plants installed during the previous week, along with the areas within which
they were installed,
9. with respect to onsite Stream Channel Mitigation Work, as provided in Appendix
C in Volume 3 of the 98% Plans (p. 10, J[ 2 and 4), (i) prior to removing trees,
shrubs, or other vegetation for the Stream Channel Mitigation Work, give
LCFPD a reasonable opportunity to identify specimen trees and native shrubs to
be left in place and(ii)prior to the installation of each riffle/grade control feature
as part of the Stream Channel Mitigation Work, give LCFPD a reasonable
opportunity to approve the location of each such feature (which identifications
and approvals will not be unreasonably made, withheld, or delayed), and
10. complete all Work in accordance with the Final Plans and all applicable laws
(including any applicable USACE requirements),
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The Construction Contract will be substantially in the form of the contract attached
hereto as Exhibit J. MWRD will not amend the Construction Contract in any
manner that limits LCFPD's rights under this Agreement.
(iv) Schedule. The Schedule will ensure that the Work (excluding required natural area
monitoring and management, which MWRD will complete in accordance with
Article 4.D.(i)) is complete by the date that is 36 months after the Effective Date of
this Agreement (the "Substantial Completion Date"), The Schedule will include a
phasing/sequencing schedule approved by LCFPD that (I) for the portion of Buffalo
Creek Forest Preserve east of Schaeffer Road, allows users at all times to drive their
vehicles into and park within the parking lot located in the northeast corner and walk,
via one or more trails, between the parking lot and the intersection of the trail with
Schaeffer Road, except that, after giving I,CFPD 14 day advance notice, MWRD
may close such parking lot for a period of time not to exceed 30 days, (d) for the
portion of Buffalo Creek Forest Preserve west of Schaeffer Road, allow users at all
times to walk via one or more trails between Schaeffer Road and Checker Road, and
(III) otherwise keeps as Much of Buffalo Creek Forest Preserve open and safe for the
public use as is practical. LCFPD approval of the Schedule shall not be unreasonably
made, withheld, or delayed. LCFPD reserves the right to temporarily close portions
of Buffalo Creek Forest Preserve to the public if it deems it necessary or appropriate
to do so,
C. Award of Contracts and Performance of Work. After completion of the Contract Documents,
MWRD shall, in accordance with applicable law, solicit competitive bids for the Work to be
performed pursuant to the Construction Contract, notify LCFPD and the Village of the bidders
and amounts of their bids, and award the Construction Contract for the Work to the lowest
responsible bidder or bidders (collectively, the "Work Contractor"). MWRD is required by law
to award the Construction Contract to the lowest responsible bidder. The Village and LCFPD
may request an opportunity to comment upon the qualifications of the lowest responsible bidder
prior to the award of the Construction Contract work; however MWRD's decision on the award
of the Construction Contract shall be binding and conclusive. MWRD will provide a full
photocopy of the executed Construction Contract to LCFPD and the Village. MWRD will
provide written notice to LCFPD and the Village of the date upon which Work will commence.
MWRD shall cause the Work to be constructed by the Work Contractor at no cost to LCFPD or
the Village in accordance with the Contract Documents, If LCFPD requests a change order to the
Contract Documents that changes the scope of Work for the Preserve Improvements, but does not
change the design of, or unreasonably interfere with the construction of, the Expanded Reservoir,
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then MWRD will approve, and cause the Work Contractor to approve, such change order.
LCFPD will be responsible for any increase to the price of the Construction Contract arising from
such change in scope of the Work. Before it approves the Work Contractor's construction of the
Preserve Improvements as conforming to the Contract Documents, MWRD shall give LCFPD a
reasonable opportunity to inspect the Preserve Improvements and provide written comments to
MWRD as to whether the Preserve Improvements have been constructed in accordance with the
Contract Documents. MWRD's approval or acceptance of the or will not be deemed to waive
or bar any right or claim of LCFPD for breach of or default under this Agreement or(to the extent
I,CFPD has third-party enforcement rights under the Construction Contract) the Construction
Contract, unless such acceptance is based on 1,CFPD's express written approval or acceptance of
the relevant portion of the Work.
D. Post-Construction ObfiLsafions.
(I) Natural Area Monitoring and Manat!entent and Tree and Shrub Maintenance.
1. MWRD shall cause the Work Contractor to maintain all new trees and shrubs in
accordance with the maintenance standards set forth in the 98% Plans for a
period of one (1) year after the date upon which MWRD approves in writing the
installation of the trees and shrubs and shall replace any tree or shrub that dies
within such period at no cost to LCFPD.
2. MWRD shall, and shall cause the Work Contractor to, monitor and manage all
prairie areas restored as part of the Work, including the Upland Restoration and
Buffer Areas, that are within the "3-YEAR MONITORING &
MANAGEMENT" areas depicted on Sheet Numbers L-I 16 and L-117 of the
98% Plans, in accordance with the performance criteria set forth in Section 32
7220 of Volume 2 of the 98% Plans, the USAGE pennit, and in Appendix 1) of
Volume 3 of the 98% Plans for a period of three (3) years (or any longer period
required by law) after the date upon which MWRD approves in writing the
construction of all restored prairie areas, except that, if such performance criteria
are not satisfied by the end of such 3-year (or longer) period, the Work
Contractor shall continue adaptive management and monitoring until such
perforinance criteria are satisfied and MWRD receives written confinnation from
USACE indicating the adaptive management plan has been carried out to
USACE's satisfaction.
3. MWR_D shall, and shall cause the Work Contractor to, monitor and manage all
new wetlands and restored shorelines constructed as part of the Work that are
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within the "3-YEAR MONITORING & MANAGEMENT" arm depicted on
Sheet Numbers L-116 and L-117 of the 98% Plans, in accordance with the
performance criteria set forth in Section 32 7220 of Volume 2 of the 98% Plans,
the USACE permit, and in Appendix D of Volume 3 of the 98% Plans for a
period of three (3) years (or any longer period required by law) after the date
upon which MWRD approves in writing the construction of all new wetlands and
restored shorelines, except that, if such performance criteria are not satisfied by
the end of such 3-year (or longer) period, the Work Contractor shall continue
adaptive management and monitoring until such performance criteria are
satisfied and MWRD receives written confi n-nation from USACE indicating the
adaptive management plan has been carried out to USACE's satisfaction.
4. MWRD shall, and shall cause the or Contractor to, monitor and manage the
areas improved by the Stream Channel Mitigation Work that are within the "5-
YE MONITORING & MANAGEMENT" areas depicted on Sheet Numbers
L-116 and L-I 17 of the 98% Plans, in accordance with the perforrinince criteria
set forth in Section 32 7220 of Volume 2 of the 98% Plans, the USACE pennit,
and in Appendix C of Volume 3 of the 98% Plans for a period of five (5) years
(or any longer period required by law) after the date upon which MWRD
approves in writing the construction of the Stream Channel Mitigation Work,
except that, if such performance criteria are not satisfied by the end of such 5-
year(or longer)period,the Work Contractor shall continue adaptive management
and monitoring until such performance criteria are satisfied and MWRD receives
written confirmation from USACE indicating the adaptive management plan has
been carried out to USACE's satisfaction.
Acceptance of the trees and shrubs, restored prairie areas, new wetlands and restored
shorelines, and the areas improved by the Stream Channel Mitigation Work will be in
accordance with the Contract Documents,
As-Built Surveys. After the Work has been completed in accordance with the
Contract Documents, MWRD, at no cost to LCFPD or the Village, will cause the
Work Contractor to deliver surveys to LCFPD and the Village depicting the as-built
condition of all finished Structural Preserve Improvements ("Improvement As-
Builts") and any as-built surveys or drawings of any portion of the Work that are
required by any other governmental agency. For each such Preserve Improvement,
the Improvement As- wilts shall (I) depict the finished Preserve Improvement in
accordance with ALTA/ACSM standards, (if) depict the finished Preserve
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Improvement in cross-sections, at intervals of not less 50 feet, (iii) depict the
topography of that portion of the Buffalo Creek Forest Preserve upon which the
finished Preserve Improvement is constructed and within 50 feet of each direction
from the Preserve Improvement, providing such information as is generally provided
in a topographic survey, including spot elevations at intermediate stations and grade
changes sufficient to provide as-built contours, and (iv) be provided in MicroStation
V8 forinat, based on a "seed file" template to be provided by LCFPD and adjusted to
the horizontal and vertical standards described below. To prepare the Improvement
As-Builts, MWRD shall cause its surveyor to establish horizontal and vertical control
points within the Buffalo Creek Forest Preserve. All horizontal control points shall
reference the Illinois State Plane Coordinates Eastern Zone NAD 83 and all vertical
control points shall reference North American Vertical Datum of 1988. Global
Positioning Systems may be utilized but information must be provided in feet not
meters.
ARTICLE 5. PERMITS AND FEES.
A. Permits. The MWRD shall obtain all federal, state, and county permits required by law for the
construction of the Additional Capacity and Expanded Reservoir. Additionally, the MWRD will
obtain all consents and approvals required by federal, state, and/or county regulations for the
construction of the Work. l,CFPD and the Village shall have the full right to participate in all
meetings and proceedings relative to the consents, permits, and approvals required for
construction of the Work. The MWRD shall provide advance notice of all such meetings and
proceedings to the LCFPD and the Village. The MWRD shall assume any costs incurred in
procuring all such consents, permits, and approvals necessary to construct the Work. The Village
and LCFPD will cooperate with MWRD in the procurement of any applications or other
documents necessary or desirable for MWRD to procure said consents, permits, and approvals.
B. Exemptions and Waivers. LCFPD shall exempt the MWRD and the Work Contractor from all
LCFPD permit requirements applicable to the Work, including any associated fees. Additionally,
LCFPD will exempt the MWRD and the Work Contractor from any fees associated with the plan
review and inspection of the or by LCFPD, l,CFPD may, upon written request, also grant the
MWRD waivers to applicable work-hour limits and truck-traffic restrictions, provided that
reasonable health, safety, and public welfare requirements are met, and LCFPD will not
unreasonably withhold said waivers. In as much as the Project is outside of the Village
boundaries, the Village has no authority to require permits or any fees associated with the plan
review or inspection of the Work. MWRD acknowledges that neither the Village nor LCFPD has
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authority to grant waivers or exemptions from any applicable Lake County requirements, fees,
limits, or restrictions.
ARTICLE 6. INSURANCE.
A. MWR0 shall cause the Work Contractor to procure, noao1uin" and keep in full force and effect,
for the entire time that the Work imbeing performed, atowcost to LCPPD, insurance iothe
coverages and limits, and subject to the requirements, identified on Exhibit K (de "Insurance
Requirements').
ARTICLE 7. INDEMNIFICATION.
A. The CCFP0ubul\ indemnify, defend,and hold bo«nnlomo (|) MVV0D and its
yooaideut, commissioners, mtfiocra, employees, servants, and agents (^MWPD InmemmmMed
Par&es") and (ii)the Village and its president, trustees, ufDcerm, employees, servants, and ngcm1m
(^Vil&ameInmemmifiedPart&eo") from and against any and all o|ujnny, actions, causes of action,
aoi1m, orders, |ouamm, zam1a' liabilities, 6anuagey, and mxpoomma incurred, suffered, mr sustained a1
any time after the Effective [)a1m and in perpetuity for which an Iodaouoifiad Party may become
liable(irrespective of whether any such Indemnified Party is a party to any claim, action,cause or
suit for which indemnification is mouo6t), excluding o:aamuub)e attorney's fees, cmaiu and
disbursements (collectively,the "Claims"), incurred by such Indemnified Parties as un:muli of, or
relating to injury or1udeath of persons or loss or damage toproperty arising from the negligent
act or omission mfthe LC9P0, except tmthe extent u Claim arises out of the negligence or fault oF
the Indemnified Party.
B. IMWRD Obligations., The MWR0 uhu1| indemnify, defend, and bold bazm)eay (U LCKPD and
its president, commissioners, oyficere, employees, servants, and agents ("LCFPD Juoemmqed
,
Parties")and(ii)the Village Indemnified Parties from and against any and all Claims incurred by
such Indemnified Parties as m result o[ or relating to injury to or death of persons or \n*m or
damage to property arising from the negligent act uromission of the MW}l0, except tmthe extent
a Claim arises out of the negligence mr fault o{the ln6emnified Party.
C. Village Obligations. The Village ubN\ indemnify, defend, and hold harmless (i) LCfP0
Indemnified Parties and (if) MWR0 Indemnified Parties from and against any and all Claims
incurred bv such Indemnified Parties usu result of, or relating bo injury toor death mf persons or
\oau or damage to property arising from the negligent act or omission of the Village, except tothe
extent Claim arises out o[the negligence oc fault of the Indemnified Party.
12
D. No Waiver of Immunity. A Party's indemnification obligation will not be deemed to waive or
limit any immunity or other defense.
ARTICLE 8. REPRESENTATIONS AND WARRANTIES.
A. Representations of LCFPD. LCFPD covenants, represents and warrants, that of the date of this
Agreement and throughout its term, as follows:
0) LCFPD has full authority to execute, deliver and perform or cause to be perfon-ned
this Agreement;
(ii) LCFPD has the power and authority to convey and acquire the certain property rights
and interests set forth herein to and from the MWRD and the Village and all required
action and approvals therefore have been duly taken and obtained. The individuals
signing this Agreement and all other documents executed on behalf of LCFPD are
duly authorized to sign same on behalf of and to bind the LCFPD;
(iii) The execution and delivery of this Agreement, consummation of the transactions
provided for herein, and the fulfillment of the terms hereof will not result in any
breach of any of the terms or provisions of or constitute a default under any
agreement of the LCFPD or any instrument to which the LCFPD is a party or by
which 1,CFPD is bound or any judgment, decree, or order of any court or
governmental body or any applicable law,rule, or regulation.
B. Representations of Village. The Village covenants, represents and warrants, that of the date of
this Agreement and throughout its term, as follows:
(i) Village has full authority to execute, deliver and perform or cause to be performed
this Agreement-,
(ii) Village has the power and authority to convey and acquire the certain property rights
and interests set forth herein to and from the MWRD and the LCFPD and all required
action and approvals therefore have been duly taken and obtained. The individuals
signing this Agreement and all other documents executed on behalf of the Village are
duly authorized to sign same on behalf of and to bind the Village-,
(iii) The execution and delivery of this Agreement, consummation of the transactions
provided for herein, and the fulfillment of the terms hereof will not result in any
breach of any of the to or provisions of or constitute a default under any
agreement of the Village or any instrument to which the Village is a party or by
13
which the Village is bound or any judgment, decree, or order of any court or
governmental body or any applicable law,rule, or regulation.
C. Representations of MWRD. MWRD covenants, represents and warrants,that of the date of this
Agreement and throughout its term through, as follows:
0) MW RD has full authority to execute, deliver and perform or cause to be per fienried
this Agreement;
(ii) MWRD has the power and authority to convey and acquire the certain property rights
and interests set forth herein to and from the LCFPD and the Village and all required
action and approvals therefore have been duly taken and obtained. The individuals
signing this Agreement and all other documents executed on behalf of the MWRD
are duly authorized to sign same on behalf of and to bind the MWRD;
(iii) The execution and delivery of this Agreement, consummation of the transactions
provided for herein, and the fulfillment of the terms hereof will not result in any
breach of any of the terms or provisions of or constitute a default under any
agreement of the MWRD or any instrument to which the MWRD is a party or by
which the MWRD is bound or any judgment, decree, or order of any court or
governmental body or any applicable law,rule, or regulation.
ARTICLE 9. MAINTENANCE,OPERATION,AND CONTROL.
A. Prior-Responsibilities. Prior maintenance, operation, and control responsibilities as provided in
the Original IGA no longer apply and are replaced by the following maintenance, operation, and
control responsibilities for each Party.
B. Maintenance Site. MWRD and the Village shall have, and LCFPD reserves its right to, have
complete access to the Maintenance Site at all times, The "Maintenance Wes" shall be defined
as the area bounded as follows: Arlington Heights Road to the east, Checker Road to the north
(excepting the area designated as the Schalzetti subdivision), Schaeffer Road to the west
(excepting the Keiser property), and Lake-Cook Road to the south(as denoted in Exhibit L-1).
C. IMWRD Obligations MWRD shall, in perpetuity, be responsible for the continued maintenance
of the structural integrity of the flood control facilities, which shall include the Outlet Control
Structure [principal concrete spillway/weir with 48" reinforced concrete pipe (RCP)], Auxiliary
Spillway, Emergency Spillway, Energy Dissipation Pool, and Grade Control Structure (as
denoted on Exhibit L-1).
14
D. Village Oblip_afians. The Village shall, in perpetuity, have the following maintenance
responsibilities(the"Village Maintenance Obligations"):
0) with regard to the Maintenance Site: If there is trash, debris, ice or any other matter
within the Maintenance Site that has impeded or stopped the proper and free flow of
water or prevented proper operation of the Expanded Reservoir, including the
portions of Mainstern Buffalo Creek, the West Unnamed Tributary, Buffalo Creek
Tributary A, and the South Unnamed Tributary, located within the Maintenance Site
and generally depicted on Exhibit L-2, the Village shall use its best efforts, upon
receipt of notification of such condition by MWRD or LCFPD, to remove same.
Boardwalks #1 through #6, the Grade Control Structure, Principal Concrete Weir,
Principal Spillway, Auxiliary Spillway, and Emergency Spillway, as shown on the
Final Plans, shall be kept clear of any and all debris to pennit free flow of water and
provide the designed waterway capacity during flood, low flow, and at all other
periods. The Village shall use its best efforts to maintain and repair any permanent
water bodies and any stabilization or erosion issues to their shoreline, as necessary,
so as not to create a nuisance. The shoreline is considered to be the area from the
water body's normal elevation to 1.9 feet vertically above as shown on Exhibit L-2.
(ii) with regard to the Village Mowing Area denoted in Exhibit L-1: The Village shall
mow the 3.15 acre area to a two-inch (2") height twice a year, once in the spring and
once in the fall, and
The Village shall not construct any improvements or structures on the property without written
approval of MWRD or LCFPD.
The Village shall not be responsible or liable for the repair or replacement of any buildings,
improvements, or structures owned by the MW RD or LCFPD within the Buffalo Creek Forest
Preserve. In the event that the Village fails to properly maintain the Maintenance Site or Mowing
Area in accordance with this Section, the MWRD or LCFPD may issue a notice to the Village
directing such maintenance. The Village will submit a written plan including a reasonable
timeline for start of work and targeted completion. The Village will use its best efforts to
complete such maintenance. If the Village does not cause such maintenance to be commenced
within the stated time period or notify LCFPD or MWRD of its efforts to commence the
maintenance, MWRD or LCFPD may serve the Village with a notice of its intent to perform the
maintenance work with an estimated cost. The Village must contest said notice of cost within 10
business days after receipt of the notice, providing proof of best efforts. In the event that the
Village has not responded to the notice of intent to perform maintenance work, and MWRD or
15
LCFPD undertakes such work, the Village shall pay to MWRD or LCFPD the actual, entire cost
thereof immediately upon rendition of bills to the Village by MWRD or LCFPD.
L LCFPD ObHLafions. LCFPD shall operate and maintain each Preserve Improvement, including
restored prairies, new wetlands, restored vegetation along the shorelines, the Upland Restoration
and Buffer Areas and the areas improved by Stream Channel Mitigation or after they are
constructed or improved under this Agreement, Culverts #1 through #17 as shown on the Final
Plans, are ancillary to the LCFPD trail system and included with the Preserve Improvements, and
shall be operated and maintained by LCFPD. In addition, LCFPD shall be responsible for the
maintenance and repair of the free span crossings and related pilings associated with Boardwalks
#1 through #7 as shown on the Final Plans, LCFPD shall not sell or otherwise dispose of the any
Preserve Improvement in violation of the Tax Agreement (as defined herein). LCFPD's
obligation to maintain trees, shrubs, new wetlands, the Upland Restoration and Buffer Areas, and
the areas improved by Stream Channel Mitigation Work will not commence until MWRD and the
Work Contractor have satisfied their obligations pursuant to Article 4.D.
F. Joint (nspections. Joint inspections shall be made by MWRD and the Village,with findings and
issues shared with LCFPD, during April and October each year, and at such other times as
conditions may require in order to assure adequate maintenance of the Maintenance Site, MWRD
shall be responsible for coordinating the joint inspections and communicating the results of said
inspections to the respective parties.
G LCFPD Reservation of Rights. Notwithstanding any other portion of this Agreement, the
Original IGA, and the Original Grant, LCFPD reserves the right, subject to the LA CO
Agreement, Article 10, and the Tax Exemption Certificate and Agreement provided in Exhibit
M, to use any portion of the Buffalo Creek Forest Preserve for any lawful purpose, including
recreational fishing on all open water portions of the Original Reservoir and Expanded Reservoir,
and to construct buildings, improvements, and structures thereon, provided that such uses,
buildings, improvements, and structures do not interfere with MW RD's rights under the Original
Grant, LCFPD will not vary, alter, or otherwise change the flood control facilities as designed
and constructed, without written consent of MWRD. If LCFPD plans to construct any buildings,
improvements, or structures within the Easement Property, in addition to the Preserve
Improvements, LCFPD shall provide plans therefore to MWRD's Director of Engineering, for his
or her review and approval in writing, as to the adverse impact that such building, improvement,
or structure would have on MWRD's ability to access, operate and maintain the Expanded
Reservoir. If MWRD advises LCFPD of an adverse impact, LCFPD and MWRD will work
cooperatively to address MWRD's concerns. LCFPD will continue to be the fee simple owner of
the Original Reservoir and will be the fee simple owner of the Expanded Reservoir, and the
16
Preserve Improvements, including the restored prairies, new wetlands, restored shorelines, the
Upland Restoration and Buffer Areas, and the areas unproved by the Stream Channel Mitigation
Work, If this Agreement terminates for any reason before the Preserve Improvements are
completely constructed, LCFPD may construct the Preserve Improvements in accordance with the
Original Plans, the 98% Plans, or the Final Plans (or any combination thereof) and, by their
execution of this Agreement, MWRD and the Village will be deemed to have provided whatever
consent is necessary under the Original Grant for such construction.
ARTICLE 10. TAX EXEMPT STATUS
A. Neither LCFPD nor the Village shall use or permit to be used or operated the Work in any
manner or for any purpose or take any action or omit to take any action in violation of the Tax
Agreement (as defined below). The purpose of the Tax Agreement is to preserve the exclusion
from gross income for federal income tax purposes of the interest on certain obligations of
MWRD and any credit payment or tax credit to MWRD or any other party from the United States
Treasury (such as, for example, was available to units of local government for "build America
bonds") (any of such advantages being "Tax Advantaged Status"), as such Tax Advantaged
Status is governed by the federal income tax laws, as amended from time to time, including but
not limited to, Sections 54 through 57, 103, and 141 through 150 of the Internal Revenue Code of
1986, as amended, and the Treasury Regulations or any rulings promulgated there under or
decisions of any court of competent jurisdiction (collectively, the "Tax Laws"), LCFPD and the
Village agree to provide a certification and agreement, in the form as attached to this Agreement
as Exhibit M regarding compliance with the Tax Laws (the "Tax Agreement"), In the event
modification of such form of certification is required, such modification shall be passed upon by
bond counsel to WRD. The 'Fax Agreement contemplates that, in certain situations, MAIRD
may pay monies to LCFPD or the Village, in lieu of MWRD constructing and transferring a
"Facility" (as defined in the Tax Agreement) and such a payment will trigger certain covenants
and record-keeping obligations on the part of LCFPD or the Village. M will not make any
such payment to LCFPD or the Village, unless LCFPD or the Village, as the case may be, agrees
to receive such payment in an amendment to this Agreement,
ARTICLE 11. GENERAL PROVISIONS.
A. Compliance with Laws; Governing Law. In exercising their rights under the Original IGA,this
Agreement, and the Original Grant, the Parties shall comply with all applicable federal, state, and
local laws. This Agreement shall be governed by, and enforced in accordance with, the internal
laws, but not the conflicts of laws rules, of the State of Illinois. The Parties agree that, pursuant
17
to Section 20 of the Downstate Forest Preserve District Act, 70 ILCS 805120, and LCFPD
Ordinance No. 2257 enacted pursuant thereto, all Work is subject to the building codes and
regulations of the County of Lake, and not that of any municipality.
B. Restoration. If any Work by MWRD or the Work Contractor damages, destroys, or causes any
adverse impact to the Buffalo Creek Forest Preserve, or any portion thereof, in any manner that is
not authorized in the Contract Documents for the Work, MWRD shall restore, at no cost to
LCFPD or the Village, such property to a condition at least as good as, the condition of such
property before such damage, destruction, or adverse impact. Restorative measures shall be
undertaken within a reasonable amount of time (but not more than 60 calendar days) after such
damage, destruction, or adverse impact occurs, weather permitting.
C. 11azardous Materials. MWRD, LCFPD, and the Village covenant and agree that: (I) they and
their officers, partners, agents, employees and Contractors shall comply with any and all federal,
state, and local laws, ordinances, codes, rules and regulations that prohibit,restrict or regulate any
material defined therein as a hazardous, radioactive, toxic or carcinogenic substance, pollutant,
contaminant or material (collectively, "Hazardous Materials") in connection with the Buffalo
Creek Forest Preserve-, and (h) they and their officers, partners, agents, employees and
Contractors shall not, and shall not permit or otherwise authorize any other person to, handle,
bury, store, retain, refine, produce, spill, allow to seep, leak, escape, leach, pump, pour, emit,
empty, discharge, inject, dump, transfer, release or otherwise dispose of or deal with Hazardous
Materials in, on, under or about the Buffalo Creek Forest Preserve. The provisions of this Article
shall survive any expiration or earlier termination of this Agreement.
D. Nature, Survival And Transfer Of Obligations. This Agreement may be recorded by LCFPD,
at no cost to MWRD or the Village, against the Buffalo Creek Forest Preserve. The provisions of
this Agreement shall run with and bind the Buffalo Creek Forest Preserve and shall bind, inure to
the benefit of, and be enforceable by LCFPD, MWRD, and the Village, and any of their
respective legal representatives, heirs, grantees, Successors, and assigns, including any successor
governing boards.
E. Enforcement.
(i) Breach. For any breach of this Agreement, the Parties may, in law or in equity, by
suit, action, or any other proceeding, enforce or compel the performance of this
Agreement and seek any appropriate remedy, including, without limitation, specific
perforinance or mandamus.
(h) Venue. Venue for any judicial action filed by a Party related to this Agreement will
be in the Circuit Court of Cook County, Illinois.
18
F. Notice. Any notice or communication required or permitted to be given under this Agreement
shall be in writing and shall be delivered: (i) personally, (ii) overnight by a reputable overnight
courier, (iii) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage
prepaid, or (iv) by electronic mail. Electronic mail notices shall be deemed valid only to the
extent that they are(a)actually received by the individual to whom addressed and(b)followed by
delivery of actual notice in the manner described in either (i), (ii) or (iii) above within three
business days thereafter at the appropriate address set forth below, Unless otherwise expressly
provided in this Agreement, notices shall be deemed received upon the earlier of (a) actual
receipt; (b) one business day after deposit with an overnight courier as evidenced by a receipt of
deposit-, or (a) three business days following deposit in the U.S. Mail, as evidenced by a return
receipt. By notice complying with the requirements of this Article, each Party shall have the right
to change the address or the addressee, or both, for all future notices and communications to such
Party, but no notice of a change of addressee or address shall be effective until actually received.
Notices and communications to LCFPD shall be addressed to, and delivered at, the following
address:
Lake County Forest Preserve District
1899 West Winchester Road
Libertyville, IL 60048
Attention: Executive Director
With a copy to:
Matthew E.Norton,Esq.
Holland&Knight LLP
131 S.Dearborn Street
30th Floor
Chicago, 11. 60603
Notices and communications to MWRD shall be addressed to, and delivered at,the following
addresses:
Office of the Director of Engineering
Metropolitan Water Reclamation District of Greater Chicago
100 East Erie Street
Chicago, IL 60611-3154
With a copy to:
General Counsel
Metropolitan Water Reclamation District of Greater Chicago
100 East Erie Street
Chicago, 11,60611-3154
Notices and communications to Village shall be addressed to, and delivered at, the following
addresses:
19
Office of the Village President
Village of Buffalo Grove
50 Raupp Blvd.
Buffalo Grove, IL 60089
With a copy to:
William G. Raysa I Partner
Tressler LLP
233 S. Wacker Drive
22nd Floor
Chicago, Illinois 60606
The foregoing shall not be deemed to invalidate any notice actually received,
Q Time Is of the Essence. Time is of the essence in the performance of this Agreement,
H. Exhibits. Exhibits A through M attached to this Agreement are, by this reference, incorporated
in and made a part of this Agreement,
1. 'Amendments and Modifications. This Agreement may not be modified, changed or deleted
unless in writing and executed by MYvRD, the 1,CFPD and the Village. Any amendment to this
Agreement must be approved by the Parties' governing Boards,
J. SeverabilitV. It is hereby expressed to be the intent of the Parties to this Agreement that should
any provision, covenant, agreement, or portion of this Agreement or its application to any person,
entity, or property be held invalid by a court of competent jurisdiction, the remaining provisions
of this Agreement and the validity, enforceability, and application to any person, entity, or
property shall not be impaired thereby, but the remaining provisions shall be interpreted, applied,
and enforced so as to achieve, as near as may be, the purpose and intent of this Agreement to the
greatest extent pen-nitted by applicable law.
K. No Third Party Bener iciary. This Agreement is entered into solely for the benefit of the Parties,
and nothing in this Agreement is intended, either expressly or impliedly, to provide any right or
benefit of any kind whatsoever to any person or entity that is not a Party or to acknowledge,
establish or impose any legal duty to any third party. Nothing herein shall be construed as an
express or implied waiver of any common law or statutory immunities or privileges of the
LCFPD,the Village or MWRD, or any of their respective officials, officers or employees.
L. Effective Date. This Agreement becomes effective on the Effective Date,which shall be the date
upon which the last signature is affixed hereto.
M. Termination for Convenience. MWRD shall have the right, at any time before the award of the
Construction Contract, to suspend or terminate this Agreement, with or without cause, for the
20
convenience of MW RD without prejudice to any other remedy MW RD may have. In the event of
termination for MWRD's convenience, MWRD shall pay the Reimbursement Amount to LCFPD
within 30 days after such termination.
N. No Assignment. No ["arty may assign any rights or duties under this Agrcenient without the
prior express written consent o F the other Parties.
0. Entire Agreement. This Agreement and the Original INA and their respective exhibits contain
the entire agreement among the Parties regarding the subject matter hereof. All negotiations
between the Parties are merged in this Agreement, and there are no understandings or agreements,
verbal or written, other than those incorporated in this Agreement. The Original INA will
continue in full force and effect except that, if there is a conflict between this Agreement and the
Original IGA,this Agreement controls.
21
IN WITNESS WHEREOF, the Metropolitan Water Reclamation District of Greater Chicago, Lake
County Forest Preserve District, and the Village of Buffalo Grove, the Parties hereto, have each caused
this Agreement to be executed by their duly authorized officers, duly attested and their seals hereunto
affixed on the dates specified below.
"iLLAGE OF, BUFFALO GRO'v'ii,
BY: DATE:
Its: President
Attest: By: DATE:. 31 /,-'0 1-7
Its: Clerk
LAKE COUNTY FOREST PRESERVE DISTRICT
BY: DATE:
Its: President
Attest: By: DATE: "X.
Its: Secretary
22
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
Cl lit I I i I ka Ii(.)C Ll Ic cul I it I il t tee U1 I i'-i I liki h;c
xecutive Director
ATTEST:
)xt Date:
Clerk G
7
APPROVED AS TO ENGINEERING,OPERATIONS,AND TECHNICAL MATTERS:
A
A� Date:
Engt"e i.or,kormwater Manage yent
Date:
Assistant Director of
Date:
Director of Engineering
[)ir46-of Mainteifa-iTce and Operations
APPROVED AS TO FORM AND LEGALITY:
Date:
Head Assistant Attorney
Date: z2z'�n
General Counsel
23
INDEX OF EXHIBITS
Exhibit A Legal Descriptions of 13 u ffaio Creek Forest Preserve and ["aselnent Property
Exhibit B Concept Plan depicting Expanded Reservoir and certain Preserve Improvements
Exhibit C List of Original Plans
Exhibit D List of 98%Plans
Exhibit E LAWCON Agreement
Exhibit F LAWCON Verification
Exhibit G Amendment to Grant
Exhibit H Temporary Easement Agreement
Exhibit I Standard MW[U) Bond Form
Exhibit J Construction Contract
Exhibit K Insurance Requirements
Exhibit L-I General Depiction of Maintenance Site
Exhibit L-2 Shoreline Maintenance Delineation
Exhibit M Tax Exemption Certificate and Agreement
24
EXHIBIT
LEGAL DESCRIPTION
Of Buffalo Creek Forest Preserve and Easement r r
PARCEL N0. MSD-4: A flood easement over that part of the East half
of the East half of the Northeasr Quarter of the Southwest Quartet'
of Section 31 , Township +43 Worth. Flange 11, East of the 3rd P.M. ,
described as follows: Beginning at the Southeast corner of the North-
east quarter of [he Southwest quarter of said S cti n 31, thence
=:4�: 4 rl along ti=c Sou tt: l na of sL.Ll Northeast quarter, 450.0 l et;
thence Northeasterly. dlong a straight lime to a point on they Fast
line of said Northeast quarter, Which is 940.0 feet Forth of the
place of beginning, then.. Southerly 900.0 feet to the place of
beginning, in Lake County, Illinois .
PARCEL NO. H 5: A flood easement over the following described
tract, being a part of the South 15 acres of the Southue:bt quarter
Southeast quarter of Section 31, Township 43 North, Rasig4 li , East
of the 3rd P.M. , in Lake County, Illinois : Counencing of the North--
west corner of said South 15 acres and running thence Fasr, along the
North line thereof, a distance of 1328. 55 feer, more or less , to the
Northeast corner thereof; thence South. along the East line thereof ,
a distance of 495, 77 fast, more or less , to the South East corner
thereof; thence West,alorn the South line of the South West quarter
South East quarter off= sai Section 31 , 440.0 feet to a point; thence
North, parallel with the East line of said South 15 acres zo a point
200.0_.feet South of the -North lint thereof; rhe-ice Was t, alon& a l iz:e
parallel with and 240.0 feet South from said North line, a distance of
528.77 feet, more or less, to a potnt on the West line of the said
South 15 acres; thence North 200.0 feet to the place of beginning,
in Lake County. Illinois.
PARCEL N0, 9; A flood easement over that part of the West half
of the North East u rter of Section 31, Township 43 North, Range
11, East of the 3A P.M. , described as follows.. Beginning at a point
on t1-e South line of said Borth East quarter of Section 31, 826.0
feet East of the South West corner thereof; thence North 89 degrees
41 minutes 30 seconds East along the South line of said North East
quarter, 328.60 feet, more or less, to a point, 172 feet West of tha
South East corner of the West half of the North East wetter; thence
North 5 degrees 35 minutes West, 719.75 feats thence orth 39 degrees
40 minutes West, 257.94 feet to a ina, 326.4 feet East of and parallel
with the West line of said March East quarters thence South 0 degrees
03 minutes 10 secc.,ds West along said parallel line, 719.60 feet to
the place of begi-- nirng, in L^ke County® Illinois.
PARCEL N0, 6; A fled easement over the following described
tract, being a part of the South 6.66 chains of the East 20 chains of
Lot 1 of the South West quarter of Section 31 , Township 43 North,
Range 12, East of the 3rd P.M. , (except for the North 150 feet of
the West 547 ,8 feet and except for that part dedicated and
used for public roads) in Lake County, Illinois .
PARCEL N0. hSD-l; A flood easement over a tract of land described as
follows : Being a part of the West half of the Northeast quarter of
Section 31 , Township 43 North, Range 11 . East of the 3rd P.M. , in
Lake County, Illinois : Commencing at the Southwest corner of the
West half of the Northeast quarter of Section 31 , Township 43 North,
Range 11, East of the 3rd P.M- , thence North 89 degrees 27 minutes
02 seconds East , along the said line of said quarter Section, 1, 154. 15
feet to the point of beginnings thence North 05 degrees 49 minutes
40 seconds West , 718 . 55 feet ; thence North 89 degrees 38 minutes
43 seconds Zest , 381 .08 feet ; thence North 02 degrees 59 minutes 28
seconds West , 783 . 32 feet; thence North 89 degrees 30 minutes 1
seconds East , 275 .00 feet; thence South 47 degrees 28 minutes 5
seconds East , 117 . 54 feet ; thence South 30 degrees 57 minutes
seconds West , 125.00 feet; thence South 21 degrees 21 minutes 1
seconds West. . 249 .90 feet; thence South 38 degrees 46 minutes
seconds East . 37 . 79 feet ; thence North 90 degrees 00 minutes
seconds East, 35 .00 feet ; thence South 60 degrees 15 minutes 18
seconds East, 201 . 56 feet; thence South 32 degrees 44 minutes 07
seconds East, 83.22 feet ; thence South 52 degrees 31 minutes 06
seconds East, 93.00 feet; thence South 17 degrees 51 minutes 14
seconds West, 150.60 feet; thence South 01 degrees 00 minutes 1
.seconds East, 682.99 feet to a point on the South line of the hest
half of the Northeast quarter which is 50 feet West of the Southeast
corner thereof; thence South 89 degrees 27 minutes 02 seconds hest ,
along the South lime of said quarter Section, 122 .00 feet, to the
point of beginning in Lake County, Illinois , containing 8. 70 acres
( accepting therefrom all that part thereof felling in Cheerer (toad)
EXHIBIT B
Concept Plan Depicting Expanded Reservoir and Certain Preserve Improvements
BUFFALO CREEK RESERVOIR EXPANSION
PREFERRED CE
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T tae 1b, AI<.�e. U.1 AraE., 33 R 3a:v-. fi3 As at, k i r=au�nT 7.,rrJe
E,--,7- A.ka.,..: 1.5 Acn-a ._-------- 45 ACxrs W:.rt-asn
{ It.II Is
PROPERTY OWNER: Lake County Forest Presences � w A E sAlTl I w 1 xr., a7 Aa,u�
wwv+-LoOLT off -
I RUL I EII r III 5--I tx Ro), 2RW.vs 1.7 N1,11 E,i Mt.s
R�[xxers:n
'ZYz IX s or Sei;fii€n Rn): 1.97 Mu.4'.5 1Y Woes 0.17huts . E r 5
PRI"sP3.lsEx)Fly. HeyandAssociates,Inc.
EXHIBIT C
List of Original is
EXHIBIT C
Original plans prepared by Pearson Brown & Associates, Inc.
INDEX Latest Revised
Date
1. COVER SHEET 02/13/2013
2. GENERAL NOTES 02/131 2013
3. OVERALL SITE PLAN 02/13/2013
4. SHEET KEY MAP 02/13/2013
PROFILE-(STATIONS: 0+00 TO 14+00) 02/13/2013
PROFILE-(STATIONS: 14+00 TO 28+00) 02/13/2013
PROFILE-(STATIONS: 28+00 TO 40+00) 02113/2013
PROFILE-(STATIONS: 40+00 TO 44+95) 02/13/2013
PROFILE-(STATIONS: 50+00 TO 64+00) 02/13/2013
10. PLAN & PROFILE-(STATIONS: 64+00 TO 78+00) 02/13/2013
11. PLAN & PROFILE-(STATIONS: 78+00 TO 83+73) 02/13/2013
12. PLAN-&--PROFIL&(STATIONS: 100+00 TO 102+44, 110+00 02/13/2013
TO 111+10, 120+00 TO 122+27)
13. OVERLOOK GRADING 02/13/2013
14. PARKING LOT AREA GRADING 02/13/2013
15. PARKING LOT AREA GEOMETRICS &SEEDING 02/13/2013
16. COMPENSATORY STORAGE GRADING PLAN 02/13/2013
17. STREAM BANK RESTORATION PLAN 02/13/2013
18. STREAM BANK RESTORATION NOTES AND DETAILS 02/13/2013
19. DETAILS 02/13/2013
20. DETAILS 02/13/2013
21. DETAILS 02/13/2013
22. DETAILS 02/13/2013
BOARDWALK PLANS - DFI BRIDGE CORPORATION
Al -A6. BOARDWALKS 1 & 3 12/21/2012
131 - B3. BOARDWALKS 2 &4 12/21/2012
EXHIBIT
List of % Plans
CONTRACT 98% PLAN SET
FEBRUARY 2,2016
VOLUME E I OF 4—SIGNATURE BOOK
TITLE DATED PAGES
INVITATION T I TBD I-1 to I-6
MANDATORY TECHNICAL PRE-BID 09/08 M-1 to M-2
CONFERENCE CERTIFICATE
SITE VISIT RELEASE & INDEMNITY 09/0 S -1 to S -2
AGREEMENT
BIDDING REQUIREMENTS AND INSTRUCTIONS 10/14 R-I to -6
BIDDERS TO
PREVAILING E RATES T BD R-7 to -12
AUTHORITY FOR PROPOSAL 01/09 U-1
PROPOSAL T -1 to -10
AFFIDAVIT 01/09 F-1
AGREEMENT TBD A-I to A-26
C 1/ -I to -2
MULTI-PROJECT L E ENT 07/98 1 to 6
MEMORANDUM F UNDERSTANDING 07/02 7 to
CERTIFICATE OF COMPLIANCE IT L 09/05 9 to 10
APPENDIX C—AFFIRMATIVE ACTI 03/93 1 to 6
REQUIREMENTS
AFFIRMATIVE ACTION ORDINANCE 06/15 -1 to -23
REVISED APPENDIX
ASSIST AGENCY LIST 06/15 AA-I to AA-2
F, WBE, SBE UTILIZATION PLAN, WAIVER 06/15 UP-1 to -7
REQUEST AND THE MBE, WRE, SBE
SUBCONTRACTOR'S LEI"I'E TENT
AP —DECLARATION OF POLICY, 01/09 -I to -
SPECIAL VISI NS FOR APPRENTICESH113S
EXHIBIT C CONTRACTOR INFORMATION 07/13 1-11
VOLUME 2 OF 4—DETAILED SPECIFICATIONS
TITLE DATED PAGES
GENERAL CONDITIONS 09/15 C-1 to GC-20
GENERAL SPECIFICATIONS 01/09 GS-1 to GS-16
GENERAL SPECIFICATIONS - CONCRETE 1 /02 C-1 to C-12
GENERAL SPECIFICATIONS— SEWERS 11/02 GSS-I to SS-12
DIVISION 1 - GENERAL REQUIREMENTS
SECTION PAGES
Section 01 1100 General Summary of Work 011100-1 to 011100-6
SECTION PAGES
Section 01 1216 Sequence of or 012616-1 to 011216-4
Section 01 1217 Work Limitations and Constraints 011217-1 to 011217-4
Section 01 1413 Access to Project Site 011413-1 to 011413-2
Section 01 2000 Price and Payment Procedures 012000-1 to 012000-6
Section 01 2500 Substitution rocedures 012500-1 to 012500-4
Section 01 2600 Contract Modification Procedures 0 12600-1 to 012600-6
Section 01 2663 Change Orders 012663-1 to 012663-12
Section 01 2666 Extension of Contract Time 012666-1 to 012666-4
Section 01 2675 Dispute Resolution Process 012675-1 to 012675-4
Section 01 3105 Web-Based Project Management System 013105-1 to 013105-4
Section 01 3115 Project Coordination and Meetings 013115-1 to 013115-6
Section 01 3216 Construction Project Schedule 013216-1 to 013216-2
Section 01 3300 Submittal Procedures 013300-1 to 013300-6
Section 01 3527 Safety and Occupational Health Requirements 013527-1 to 013527-
Section 01 4000 Quality Requirements 014000-1 to 014000-6
Section 01 4210 References and Standards 014210-1 to 014210-3
Section 014613 Non-Conformance Form 014613-1 to 014613-2
Section 01 5000 Temporary Facilities and Controls 015000-1 to 015000-8
Section 01 5500 Vehicle Access and Parking 015500-1 to 015500-4
Section 01 5526 Traffic Control 015526-1 to 015526-8
Section 01 5626 Temporary Fencing 015626-1 to 015626-2
Section 01 5723 Temporary Storm Water Pollution Control 015723-1 to 015723-6
Section 01 6000 Product Requirements 016000-1 to 016000-4
Section 01 7000 Execution and Closeout Documents 017000-1 to 017000-4
Section 01 7115 Mobilization and Demobilization 017115-1 to 017115-2
Section 01 7329 Cutting and Patching 017329-1 to 017329-4
Section 01 7419 Construction Waste Management 017419-1 to 017419-8
Section 01 7839 Project Record Documents 017839-1 to 017839-8
DIVISI 2 - EXISTING CONDITIONS
Section 02 0613 Geotecical Baseline Report 020613-1 to 020613-2
Section 02 2400 Environmental Assessment 022400-1 to 022400-2
Section 02 4113 Site Demolition 024113-1 to 024113-6
Section 02 4114 Utility Abandonment 024114-1 to 024114-6
Section 02 4115 Utility Removal 024115-1 to 024115-6
Section 02 6113 Excavation and Handling of Contaminated 026113-1 to 026113-8
Material
DIVISION 3 - CONCRETE
Section 03 3000 Cast-in-Place Concrete 033000-1 to 033000-26
DIVISION 4 -MASONRY
SECTION PAGES
Section 04 4100 Dry-Placed Stone 044100-1 to 044100-6
DIVISION 31 —EARTI IWORK
Section 31 0513 Soils for Earthwork 310513-1 to 310513-4
Section 31 0516 Aggregates for Earthwork 310516-1 to 310516-4
Section 31 0519 Geosynthetics for Earthwork 310519-1 to 310519-4
Section 31 1005 Site Clearing and Grubbing 311005-1 to 311005-4
Section 31 1010 Selective Clearing 311010-1 to 311010-12
Section 31 2213 Rough Grading 312213-1 to 312213-6
Section 31 2316 Trench Excavation, Backfill, and Compaction 312316-1 to 312316-8
Section 31 2319 Control of Water 312319-1 to 312319-8
Section 31 2500 Erosion and Sediment Control 312500-1 to 312500-6
Section 31 3700 Riprap 313700-1 to 313700-6
Section 31 4116 Sheet Piling 314116-1 to 314116-6
DIVISION 32— EXTERIOR IMPROVEMENTS
Section 32 0 100 Protection and Repair of Pavements 320100-1 to 320100-4
Section 32 0513 Soils for Landscaping 320513-1 to 320513-6
Section 32 1123 Aggregate Base Course 321123-1 to 321123-6
Section 32 1216 Asphalt Paving 321216-1 to 321216-6
Section 32 1723 Pavement Markings 321723-1 to 321723-10
Section 32 3119 Vegetation Control 323119-1 to 323119-10
Section 32 3129 Split Rail Fence 323129-1 to 323129-4
Section 32 3300 Site Furnishings 323300-1 to 323300-4
Section 32 3400 Fabricated Bridges and Boardwalks 323400-1 to 323400-12
Section 32 7220 Natural Area Monitoring, Management, and 327220-1 to 327220-6
Reporting
Section 32 9119 Landscape Grading 329119-1 to 329119-6
Section 32 9123 Wetland Planting 329123-1 to 329123-10
Section 32 9219 Seeding 329219-1 to 329219-16
Section 32 9340 Native Tree and Shrub Planting 329340-1 to 329340-10
Section 32 9643 Woody It Materials Protection and 329643-1 to 329643-6
Trimming
DIVISION 33 — UTILITIES
Section 33 4213 Pipe Culverts 334213-1 to 334213-6
Section 33 4680 Subdrainage 334680-1 to 334680-4
VOLUME 3 OF 4—S INFORMATION
Appendix A—Geotechnical Baseline Report
Appendix B—Environmental Assessment
Appendix C—Permits
VOLUME 4 OF 4—PLANS
PAGE SHEET TITLE
I TC-001 Cover Sheet
2 T -001 Signature and Engineers Seals
3 L-001 List of Contract Plans
4 TL-002 List of Contract is
5 LP-001 Location Plan
6 LP-002 Existing Conditions Overall Plan—West
7 LP-003 Existing Conditions Overall Plan— East
8 C-001 General Notes
9 C-002 Standard Abbreviations and Site Symbols
10 C-003 Control Data—West BM#5 —BM #9
11 C-004 Control Data—East BM#1 —BM #4
12 CE-101 Existing Conditions
13 CE-102 Existing Conditions
14 CE-103 Existing Conditions
15 E-104 Existing Conditions
15 CE-105 Existing Conditions
16 CE-106 Existing Conditions
17 CE-107 Existing Conditions
18 CE-10 Existing Conditions
19 CE-109 Existing Conditions
20 CE-110 Existing Conditions
21 C -111 Existing Conditions
22 CE-112 Existing Conditions
24 GE-101 Soil Boring Locations
25 CD-101 Demolition Plan
26 CD-102 Demolition Plan
27 CD-103 Demolition Plan
28 CD-104 Demolition Plan
29 CD-105 Demolition Plan
30 CD-106 Demolition Plan
31 CD-107 Demolition Plan
32 CD-108 Demolition Plan
33 CD-109 Demolition Plan
34 CD-1 10 Demolition Plan
35 CD-1 I I Demolition Plan
36 CD-1 12 Demolition Plan
37 CD-1 13 Tree Removal Tables
3 8 CD-114 Tree Removal Tables
PAGE SHEET TITLE
39 CD-1 15 Tree Removal Tables
40 CD-116 Tree Removal 'I'ables
41 CD-1 17 Tree Rem oval Tables
42 CD-1 18 Tree Removal Tables
43 CD-119 Tree Removal Tables
44 CD-120 Tree Removal Tables
45 CS-101 SESC Plan and Construction Phasing Phase I—West
46 CS-102 SESC Plan and Construction Phasing Phase I—East
47 C -103 SESC Plan and Construction Phasing Phase 11—West
48 CS-104 SESC Plan and Construction Phasing Phase 11—East
49 CS-105 SESC Plan and Construct'ion Phasing Phase III—West
50 CS-106 SESC Plan and Construction Phasing Phase III — East
51 CS-107 SESC Plan and Construction Phasing Phase IV—West
52 CS-108 SESC Plan and Construction Phasing Phase IV —East
53 CS-109 SESC Plan and Construction Phasing Phase V— West
54 CS-110 SESC Plan and Construction Phasing Phase V—East
55 CS-111 SESC Plan and Construction Phasing Phase VI — West
56 CS-112 SESC Plan and Construction Phasing Phase VI —East
57 CS-501 SESC Details
58 CS-502 SESC Details
59 CS-503 SESC & Construction Phasing Notes
60 CS-504 SESC Notes
61 CT-101 Maintenance of Traffic Phase 1
62 CT-102 Maintenance of Traffic Phase 11
63 CT-103 Maintenance of Traffic Phase III
64 CT-104 Maintenance of Traffic Phase IV
65 CT-105 Maintenance of Traffic Phase V
66 CT-106 Maintenance of Traffic Phase VI
67 CT-501 Maintenance of Traffic Details
68 CT-502 Maintenance of Traffic Details
69 CT-503 Maintenance of Traffic Details
70 GC-101 Grading and Drainage Plan
71 GC-102 Grading and Drainage Plan
72 CG-103 Grading and Drainage Plan
73 CG-104 Grading and Drainage Plan
74 CG-105 Grading and Drainage Plan
75 C -106 Grading and Drainage Plan
76 CG-107 Grading and Drainage Plan
77 CG-108 Grading and Drainage Plan
78 CG-109 Grading and Drainage Plan
79 CG-110 Grading and Drainage Plan
80 C -111 Grading and Drainage Plan
81 C -112 Grading and Drainage Plan
82 CG-113 Grading and Drainage Plan Parking Lot
83 CG-11 Grading and Drainage Plan Overlook
PAGE SHEET TITLE
4 C -115 Grading and Drainage Plan—Site Detail West Unnamed Tributary—
rofile
5 C -1 16 Grading and Drainage Plan—Site Detail Buffalo Creek Tributary `A'
- Profile
6 C -117 Riprap Geometric Plan Buffalo Creek Tributary" "
7 C -1 18 Buffalo Creek Tributary 'A' Grade Control Structures #1 Elevations
88 C -119 Buffalo Creek Tributary'A' Grade Control Structure #2 & #3
Elevations
89 -120 Main Stem Buffalo Creek Stream Restoration
90 -121 West Unnamed Tributary Stream Restoration
9 -201 Plan& Profile STA 107+00 TO STA 11 +00
92 CG-202 Plan& Profile STA 118+00 TO STA 129+00
93 CG-203 Plan & Profile STA 12900 TO STA 140+00
94 CG-204 Plan & Profile STA 140+00 TO STA 148+00
95 CG-205 Plan & Profile STA 148+00 TO STA 152+ 3
96 CG-206 Plan &Profile STA 200+00 TO STA 211+ 0
7 CG-207 Plan& Profile STA 211+00 TO STA 222+
98 CG-208 Plan& Profile STA 222+00 TO STA 23373
99 CG-209 Plan& Profile STA 250+ 0 TO STA 252+ 4, STA 260+00 TO STA
261+2 , STA 270+00 TO STA 272+ 7
100 G-210 Plan & Profile STA 300+00 TO STA 311+
101 C -21 l Plan & Profile STA 311+00 TO STA 321+ 6
102 C -212 Plan &Profile STA 350+00 TO STA 351+91, STA 400+00 TO STA
406+90
103 G-501 Grading Details
104 C -502 Grading Details
105 -503 Grading Details
106 CG-504 Grading Details
107 CG-505 Grading Details
108 CG-506 Grading Details
109 CG-507 Grading Details
110 CG-508 Grading Details
111 L-101 Landscape Plan
112 L-102 Landscape Plan
113 L-103 Landscape Plan
114 L-104 Landscape Plan
115 L-105 Landscape Plan
116 L-106 Landscape Plan
117 L-107 Landscape Plan
118 L-108 Landscape Plan
119 L-109 Landscape Plan
120 L-110 Landscape Plan
121 -111 Landscape Plan
122 -112 Landscape Plan
123 -113 Tree and Shrub Planting Plan—West
PAGE SHEET TITLE
124 L-114 Tree and Shrub Planting Plan—East
125 L-115 Free and Shrub Planting Schedule
126 L-116 Limits of Natural Areas—West Monitoring, Management and
Reporting
127 L-117 Limits of Natural Areas— East Monitoring, Management and Report
Reporting
128 L-501 Landscape Details
129 S-101 Boardwalk#1 —Ten Ton Plan View, Side View, &Notes
130 S-102 Boardwalk#2—Ten Ton Plan View, Side View, A,Notes
131 S-103 Boardwalk#3 —Ten Ton Plan View, Side View, & Notes
132 S-104 Boardwalk #4—Ten Ton Plan View, Side View, &Notes
133 S-105 Boardwalk#5 —Ten Ton Plan View, Side View, &Notes
134 S-106 Boardwalk#6—Ten Ton Plan View, Side View, A; Notes
135 S-107 Boardwalk#7—Ten Ton Plan View, Side View, A;Notes
136 S-501 Boardwalks#I - #7—Fen Ton Plan &Elevation
137 S-502 Boardwalks#1 - #7—Ten Ton Sections A, Details
138 S-503 Boardwalks 41, #4, #6—Ten Ton Free Span Plan& Side Elevation
139 S-504 Boardwalks fl, #4, 46—Ten Ton Free Span Sections& Details
140 S-505 Boardwalks 41, #4, #6—Ten Ton Diaphragm Section& Detail
EXHIBIT
LAWCON Agreement ate 8/27/1993)
W6 S. Lake County Forest_ Preserve .Dist.
�y�r�
r a:, ® OF CONSERVATION j - 177-00910 ---
/ ROJECT AGREEMYNT Contract Number 1
Project
Title Btiffalo Creek Trail
Project Objective
The Lake County Forest Preserve District will develop Buffalo Creek Preserve with 4.0
miles of bicycle/walking trails, parking areas and entrance road, well hand pump, Prairie
rehabilitation/reforestation of 100 acres and the construction of three foot bridges.
The development of this site will be in. 8eneral accordance with plans and costs estimates
submitted with the approved grant application.
Project
Period prom, July 13, 1993 Tot December 31, 1994
ITEMS TOTAL COSTS U.S. OBLIGATION
(estimated)
420,000.00 190,000.00
I
I
f TOTAL COSTS 420,000.00 4l 190, .00
l
(estimated)
Payable (Agency; Fund, P.S.: Lake County Forest Preserve District
Address: 9-000 Nnr h Milwaukee Avenue
TNT 03-6609339 Libertyville, IL 60048
i
The Seta of 213swis,represented by the Director of the Department of Conservation,on behalf of the U.S.Sccrcury of the Interior acting under authority greeted by the land
Water Conservation Fund Act of 1465, .L. -578,78 Stad.897),hereby premiums,in consideration of the premises and assuraincesmade.by the P.S.herein,to obligate
to the P.S.the sument of money stipulated herein,and to tender to the P.S.that portion of the obligation which is required to pay the federal slum,of heroin described,eligible
projoetcons. Obligations C the State of BliooIs will c Immediately,without penalty of fUrtherpaynnent being raquired,if in any Send year the Illinois GenenJ Assembly
or Federal fUnifing source falls e i e available sufficient funds for this Ajnocmcnt.
The P.S.of the Sure of Illinois hereby promises and egress,in considerationof the promises masle herein by the state of Illinois,to execute the aboveproject proposal," luding
operation i e of the project site,in accordance with the _more,prona6ce,conditions and procedures contained heroin and in the approved project application,plans,
specificadons and cost catimmes which am hereby nude a part hereof.
i
i
a L r
Director sn
IL Department of Conservation
Si nature ( to ficial) Title (state offici 1) Date
— L ke fig.Fo st serve District
signs (P.S. Offi.cial) Title (P.S. ffici l) - ate
i
NOTE: The term P.S. means Political subdivision Revised 4/
i '
GENERAL PROJECT CONDITIONS
A. Assurena of Compliance, In connection with the performance of work under this Agreement, the P.S.agrees as follows:
(1) To execute the heroin referenced project proposal,and subsequent operation and maintenance, in accordance with the Land&
Water Conservation Fund Act of 1955 (P.L. 88-578). provisions of the Land &Water Conservation Fund Grants Manual, the
Uniform Relocation Assistance and Real Propurty,Acquisition Polhcoo Act of 1970(P.L.91-646), 17 IL Adm.Code 3030, and
all app6cable State and federal regulations pursuant thereto, and to obtain from the IL Department of Conservation written
approval for any change or conversion of planned outdoor recreation use of the project site prior to Initiating the usage change
or conversion.
(2) To comply with Title VI of the Civil Rights Act of 1964(P.L.88-352),Section 504 of the Rehabilitation Act of 1973 (P.L.93-
112) as amended, and the Age Diectirrimation Act of 1975{al.94-135} " all requirements imposed by or pursuant to the
Department of the Interior Regulation 43 CFR 17 issued pursuant t o t hose public acts,to the and that no person in the United
States shall, on the grounds of race, color,max, national origin, age,or disability, be excluded from participation in, be danad
the benefits of, or be otherwise subjected to discrimination under any program or activity for which the P.S. receives financial
assistance from the U.S.Department of the Interior and hereby gives assurance that it will immediately take any measures to
effectuate this Agreement.
8- Nondiscrimination In the Uoo of Faclifflao,
(1) The P.S., its employees, operators, lessees, and subleases@ In the operation of any structure or other facility acquired or
constructed under the Acts, s not;
(a) Publicize the facilities,accommodations,or any activity conducted therein in any manner would directly or inferentially
reflect upon at question the mcceptelfifity,of any person because of race,color,sex, national origin,age or disability:
(b) Discriminate,by segregation or other means,against any person or persons because of race,color,sex,national origin,
age or disability in furnishing or refusing to furnish such person the use of any accommodations, facilities, services,
or privileges available to the general public.
(2) The P.S. shad post the following notice in such a manner where any facility is available as to insure that its contents will be
conspicuous to any person seeking the use of any facility:
No discrimination by segregation or other means in the furnishing of accommodations,facilities,services,or privileges
on the basis of race, color, sex, none" origin, age or disability, is permitted in the use of this facility.
(3) This P.S.agrees that the heroin referenced project site sholl be open and available to the general public and shall not impose use
restrictions which disiarbarnate on the basis of residence,including preferential reservation,membership or annual permit systems
except to the extent that reasonable diff are ncrus in admission end other fees may be maintained on the basis of residence. (Fees
charged to non-residento cannot exceed twice that changed to resident. Where there is no charge for residents but a fee is
charged to non-residents, non-riflockint fees cannot exceed fees charged for reakients at comparable State or local public
1 facilities. Reservations,menaborship or annual permit systems available to residents must&Jac be available to non-residents
the period of avinkshility must bat same for both residents and non-rosidentc)
(4) The P.S.shall in all of its contracts or other forms of agreement require inclusion and compliance with provisions identical with
those ittoted in(1)and(2) heroin.
Officials Nat i R IL*nlltL No member of or delegate to Congress.or resident Comerrissionar, *hall be aductiled to any share or any part of this
igresmam. or to any benefit that may ones therefrom, but this provision sholl not be construed to wriand to this Agreement it made with a
Icorporation for its general benefit, The P.S. ce rtifies that none of its officials or sweellayoss has ■ financial or other personal interest in any tool
proo acquired/d• lop in connection with true project or any contracts therewith unless such interests is opardy disclosed upon the public
cactus of the P.S.,and such officer or orrafloysio has not participated In the decisions shlecting "d acquioition/clovelopment project.
D_ Slalernems and Pa Ili The regulations oft Secretary of Labor applicable to contractore and subcontractors(29 CFR Port 3)made pursuant
.1
the Coollihind Act, as amended (40 U.S.C.sec. 27 6c),and to aid In the enforcement oft Anti-Kickback Act(18 U.S.C.sec. 874) are made
part at this Agreement by reference. The P.S. will consply with these regulations and any amendment or modification thereof and the P.S.prime
onvaclo, will be responsible for the subayearion at statement s required of subcontractors thersurr",, The foregoing shall apply except as the
Secretary of or may specifically provedo for reasonable limitations, variations, tolerances, and exemptions.
2
|
E. Lanj Purchase. The Federal Aid shore in the price of I"of any interest therein acquired by the P.S.cannot exceed 50 percent of the market
value of said land@ so detercrenod by the U.S.Department of the Interior.
F. Effective Date of Sogmems, The sHoctiv*data of each project imagment shelf be the date the Project Agreement is approved or the date shown
under the caption 'Project Psriod'. whichever is later. The P.S. will not be eligible to receive Federal Aid funds for expenses incurred before the
effective date.
0. Bribery Clause, The P.S.hereby cariffies that,"To the boot of its knowledge, none of its officers or employees have boon convicted of bribery
or attempting to bribe an of-ficer or an employee of the State of lifinoie,nor has any officer or employee made an adrye"on of guilt of such conduct
which is a matter of record'.
H, Drug Free Workplace, The P.S.c"fies that it provides&drug free workpince and related employee assistance as defined by the Drug Free
Workplace Act (IL Rev.Stat., Ch. 127,per. 152.31 IL
1. Record Retionlion, The P.S. shaid maintain, for a rnhumum of 5 years after project completion and LWCF grant fund distribution, adequate
financial accounts,documents and r*oord*to YoWfy the financial claims and uses of all LWCF fund@ disbursed pursuant to this Agreement;and shall
make such accounts,documents and records avoilablo to the Illinois Department of Conservation and Auditor General's Office at reasonable times
f,or auditing purposes. Failure to maintain the opecified accounts documents and records required herein shall establish a presumption in favor of
he State at Illinois for recovery of any funds paid by the State under true Agreement for which adequate account@,documents and records are not
available to substantiate their purported disbursement.
SPECIAL PROJECT CONDURONS
I All overhead utilities on the project property, excepting electric lines over 15kv, must be buried or otherwise screened.
2. No easements or other land encumbrances may be granted on the project property without the prior written approval of the
Illinois Department of Conservation and the National Park Service.
3. No pordon of project property may be traded,sold or otherwise exchanged,nor converted from outdoor recreation use,without
the prior written approval of;tho Illinois Department of Conservation and the National Park S"co.
4 No indoor buildings, exclusive of serviceloupport structures or sanitary facilities may be constructed on the property acquired
and/or developed herounder without prior written approval from the Illinois Department of Conservation and the National Park
S. Project sponsor shall comply with 43 OFF,part 12.subpart 8'Audit Requirements for State and local governments'as required
by the Single Audit Act of I S84, (Pt.98-502).
Revised 4193
t 17-00910
iake 8@
county PIrest Preserve District
Buffalo Creek Trail
PREMISE PLAT / DEVELOPMENT
4-I�-�•�•�/ �`�,-�' iii+' �' --
.1
'1• PANXING AX EA A
MAIN WITMANCII
OL
!!!r!rr. �''!�'•..•.:_ j�:.�: � ..ia � ,. C•j � Cr4rt i1NM •
,�� '.s'... •. _. "�; l.: a �• � •./rl.kl�e r
� .:+ GT.a� .:• +•, •� :�•.'.ti._•� �. 111 / •.
_ kome/a �_ ..♦. •m` p4,� C.tatta :`�>
����—•.'"�''-"'-ate rte+ _'.�' 9,�•'�• •:.'✓`�---�.+. •.i' •• .... � ♦ �� t,r•1 _. -3
_ a- �r a.n •.1
E'tN #RON S*Z),x QF t780/EC _ �:i, ... .e .r' �*-1• Q rk � `♦1
Win l�R'mell r
R.
_ pr , � /t.r.Yrl�irlJiir�.aSjaal.@r "r 'r•� .. ,:J:,a l � � ia►li.•
Buffalo Creek TV lls
DEVELOPMENT N
- R��DIS 'tlt��tk
Xv
STATE OF ILLIWOISIUIPAITMINT OF CONSERVATION DOC - 4 I-0EYLL.DpKENT DATA
OSLAD/LWCF PROJECT APPLICATION 1. Project Sponsor Lake Ctv-�Y Fbvest R�� District
2. Project Title BLA!L0JJ Ckeek Trails
3. Acquisition _ Development A
NOTE: Acquisition Projects - complete item 04 and #6 below as they pertain to'future development.
Also, indicate anticipate schedule for proposed development.
4. DEVELOPMENT ITEM S. UNITS 6. ESTIKATED COSTS 7. CONSTRUCTION
METHOD
150,000 c
,10' wide trail A Mi I#M�q pn�rM IF
I
Parkinet lot & Entrance Road 30 car 1 35 .,000 k c
14,(M c
Comfort Station 1 yw-W)
10.Mo
!Well- hand Dumo Z.-000
,Signaqe-site, directional, 30
11 regulatory and interpretive I
i 51-000 c
Gates 15 1,200
-LUFUUU c
iFencinq 1wold l.f 2,500 f
P
IErosion control 11 2,000 c
lPrarie rehabilitation, 100 acres c
reforestation, restoration
!Equipment rental 12 5,000 f
desion, permits, meatinas
Frw7inapy- Paapm. hviAmpa I()r) hesli a p.pry)
350,000 c ubtotal
70,200 f subtotal
420,200
TOTAL ESTIMA--- -0-1 CaCONTRACT
FwFORCE ACCT.
DwOONATED LABOR
OR MATERIAL
Note: Donated labor and material are not eligible for reitaburseme C.
S. AACHITECTURAL I ENGIV§ERING FIRMi
Thomas F. Black, P.E. , Architects/Engineers
Waukegan, Illinois
EXHIBIT F
LAWCON Verification
L 1 N01 S
�A H
o
N.1tural Remmirces
Brucu Rw L i,Um k,,nior
NAT L;RAL
May 20, 2016
Mr, Randall Seebach
Director of Planning and Land Preservation
Lake County Forest Preserve District
1899 West Winchester Road
Libertyville, 11, 60048
RE: Land & Water Conservation Fund Grant Program
(LWCF)
Project: 17-00910
Buffalo Creek Preserve
Dear Mr. Seebal-m
I have reviewed all the documents you submitted for the expansion ofthe existing reservoir at Buffalo Creek
Preserve. The Intergoveriu-nental Agreement between the Metropolitan Water& Reclamation District
(M'A'RD), Village of Buffalo Grove and the Lake County Forest Preserve District is approved. All grant
concerns that I outlined in my previous letter have been addressed by this agreement and your cover letter.
The expansion and trail modifications do not constitute a conversion of use at this federally funded grant
assisted property. The project proposed is considered two things, an enhancement of recreational opportunities
and an infrastructure improvement to help with the storm water problem in that area of Lake County.
Accomplishing both together within one project is smart.
Please remember this office will need confirmation that everything was completed correctly and to the District's
satisfaction, along with photos at the end of the project presumably the fall of 2018.
You will need to contact the grants main line (2171782-7481) or send a message to the grants mailbox
i I[illo is,
-gov) in the future as I don't know who will be handling compliance issues at this point.
Thank you for your thoroughness and desire to finalize all the plans and agreements in a timely manner so this
project can start progressing soon. It has been a pleasure working with you,
Sincerely,
Jan Nation
Senior Grant Administrator
Prepared by and
after recording return to
Matthew E. Norton
HOLLAND & KNIGHT LLP
131 S. Dearborn St.
Chicago, Illinois 60603
(312) 578-6564
Above Space For Recorder's Use Only
AMENDMENT TO
PERPETUAL EASEMENT GRANT
THIS AENDIIWET TO PERPETUAL EASEMENT GRANT is dated as of, and shall take
effect as of, the 2$ day of Ma.rc-k , 2017, is approved by the LAKE COUNTY
FOREST PRESERVE DISTRICT, a body politic and corporate, organized and existing under the
Downstate Forest Preserve District Act, 70 ILCS 805/0.01 et seq. ("LCFPD") and the
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, a unit of local
government and body corporate and politic existing under the laws of the State of Illinois
(66114WRD'), and amends that certain "Perpetual Easement Grant" executed by LCFPD on March
1, 1984, pursuant to which LCFPD granted a certain easement to MWRD, and recorded with the
Lake County Recorder of Deeds as Document No. 2269954 (the "Original Grant').
IN CONSIDERATION of the recitals, mutual covenants and agreements set forth herein,
and in that certain "Intergovernmental Agreement for Design, Construction, Use, Operation, and
Maintenance of Stormwater and Recreational Improvements at the Buffalo Creek Forest
Preserve" between LCFPD, MWRD, and the Village of Buffalo Grove dated as of
Marck t" , 2017 (the "New /GA'J, and other good and valuable consideration, the
receipt of which is hereby acknowledged, LCFPD and MWRD agree as follows:
SECTION 1. AMENDMENT TO ORIGINAL GRANT. The Original Grant shall be and hereby is
amended as follows:
A. References to Sanitary District.
All references to the "Metropolitan Sanitary District of Greater Chicago" in the
Original Grant shall be deemed to refer to MWRD.
B. Original Grant Subiect to New IGA.
The second paragraph of the Original Grant is hereby amended by deleting the
3 th 14 th 1h
, , and 15 lines thereof and replacing them with the following text (new text
is underlined):
OF GREATER CHICAGO dated June 23, 1977, and the
"Intengovernmental Lkgregiment for Design, Construction, Use Operation,
and Maintenance of Stormwater and Recreational Improvements at the
Buffalo Creek Forest Preserve" between the Lake County Forest Preserve
District, the Metrgpolitan Water Reclamation District of Greater Chicago,
and the Village of Buffalo Grove dated as of ,2017 the
"New IGA"), which Agreements are incorporated by reference herein and
made a part hereof, as though set forth in full. In the event of a conflict
between the New IGA and such other Agreements or between the New
IGA and this Grant, then in all.cases, the New IGA shall control.
SECTION 2. GENERAL PROVISIONS.
All of the other provisions of the Original Grant shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
on the date first above written.
The undersigned execute this Agreement on the dates next to their signatures and
acknowledge that this Agreement will become effective as of the Effective Date,
(SIGNATURE PAGES FOLLOWS)
#46736819v2 2
Lake County Forest Preserve District
By:
Name: Ann B. Maine
Title: President
Attest:
By:
Name: Julie Gragnani
Title: Board Secretary
STATE OF ILLINOIS
COUNTY OF LAKE S.S.
I, frh,LJ2?er� It, 5f- 1+W a notary public in and for the county and state aforesaid, do
hereby certify that Ann B. Maine, personally known to me to be the same person whose name
is subscribed to the foregoing instrument as such President of the Lake County Forest Preserve
District appeared before me this day in person and acknowledged that she signed and delivered
this Amendment to Perpetual Easement Grant, for the uses and purposes therein set forth.
Given under my hqnd and seal this l0 day of P7
r—+U\/ I � lc--- , Illinois.
eJOCU6P6A.D. 20—L7, at
My commission expires
OFFICIAL SEAL
MAUREEN E SHELTON
STATE OF ILLINOIS ) Notary Public, State of Illinois
COUNTY OF LAKE ) S.S. My Commission Expires 08/17/2020
1, Mo,U-,(ee�n 'R, •t&I hL(L-, a notary public in anlor he county an Wslate aforesaii , do
hereby certify that Julie Gragnani, personally known to me to be the same person whose name
is subscribed to the foregoing instrument as such Board Secretary of the Lake County Forest
Preserve District appeared before me this day in person and acknowledged that she signed and
delivered this Amendment to Perpetual Easement Grant, for the uses and purposes therein set
forth.
Given under my hand and seal this day of F63fua-AU A.D, 20-12 at
xac'r��"\11- , , Illinois.
Cj
My commission expires �Z)
OPPICIAL SEAL
MAUREEN E SHELTON
Notary public, Of Iffinois
My C"ammleal
on Expires 08/17/2020
#46736819v2 3 liw
Metropolitan Wa r Reclamation District
By:
Name: Frank Avila
Title: Chairman of Committee on Finance
Attest,
By:
Name: J �/qqueline Torres
Title: Clerk/Director of Finance
STATE OF ILLINOIS
COUNTY OF_6,9/(- S.S.
[A-rre a notary public in and for the county and state aforesaid, do hereby
—
certify that Ick,
personally knoy
ni to me to be same person whose
t as such COmmlftze
name is subscribed tot he foregoing instrument 4, - _ ,6�',e of the
Metropolitan Water Reclamation District appeared before me this day in person and
acknowledged that s/he signed and delivered this Amendment to Perpetual Easement Grant, for
the uses and purposes therein set forth.
Given under my hand and seal this 21t-day of Afir.,h A.D. 20 at
Illinois.
My�oo mission expires 43, URENDA F.HOLMES
rt OFFICIAL SEAL
NoEzlry �I L)l];'.rjojS
My Ccrn M'3glon Exp:rus
!Barth:111,2048_
T
J
STATE OF ILLINOIS
COUNTY OF Oot -) S.S.
1, ?)I^e,do- fVYIA� a notary public in and for the county and state aforesaid, do hereby
certify that jk n e -i�,%rre S personally known to me to be the same person whose
,I--�'--ILI 1,
name is su sceibed to the foregoing instrument as such ,rLjl'rechf a A',ilfn(c of the
Metropolitan Water Reclamation District appeared before mdthis day iMperson and
acknowledged that s/he signed and delivered this Amendment to Perpetual Easement Grant, for
the uses and purposes therein set forth.
Given der my hand and seal this c2�PA-day of t7 Cil-ch A.D. 20 /-7 , at
a et4) Illinois,
,.,OFFICIAL SEAL
My on expires 3/3"// [::Nblary PLA,jjt•State of imnols
M MYC. "
If Cornitllssjon Expi ro3
March arch 30,2010
#46736819v2 4
EXHIBIT
Temporary se et Agreement
(The above space for Recorder's office use)
TEMPORARY EASEMENT GRANT
THIS GRANT OF TEMPORARY EASEMENT, made this 2S day of
'7
Moarc, . 201 from the LAKE COUNTY FOREST PRESERVE DISTRICT
(hereinafter called the "Grantor") t o t he METROPOLITAN WATER RECLAMATION
DISTRICT OF GREATER CHICAGO, a municipal corporation organized and
existing under the laws of the State of Illinois (hereinafter to d the "District"), 100
East Erie Street, Chicago, Illinois 60611.
WITNESSETH THAT
WHEREAS, in accordance with Illinois State Law (70 ILO S 2605/7h)
Stormwater Management shall be under the general supervision of the District,
is haste authority to plan, manage, implement and finance activities
relating to Stormwater Management in Cook County; and
WHEREAS, the District is about to construct its BUFFALO CREEK
RESERVOIR EXPANSION: CONTRACT 13-370-3F with appurtenances, thereto,
(hereinafter termed the "Project"); and
WHEREAS, forte purpose of facilitating the construction of the Project,
it is necessary for the District t o o btain a temporary easement, right, privilege,
and authority during the construction of the Project, to use certain additional
real estate, hereinafter described, for access to the work, transportation, and
storage of materials, tools, equipment and surplus excavation; and
WHEREAS, for the purpose of facilitating continued maintenance and
operation of the Project, the Grantor is willing to grant said temporary
easements, rights, privileges, and authority tote District, upon-the terms and
conditions herein set forth;
NOW, THEREFORE, in consideration o f t he sum of TEN DOLLARS AND
00/ 100 (,$]0.001 in hand paid by the District tote Grantor, and other good and
valuable consideration including, but not limited to, the benefits of the
improvements derived from the Project, the receipt of which is hereby
acknowledged, and the covenants and conditions hereinafter contained, the
Grantor does hereby bargain, sell, grant, transfer and convey tote District, its
successors and assigns, the temporary easement, right, permission, and
authority to construct, reconstruct, repair, replace, operate, maintain and have
access tote Project through the following described premises hereinafter
referred to as the easement premises:
Parcel A - Temporary Easement
(For legal descriptions, see inserted pages 2A & 213)
-2-
GRANTOR: Lake Cotv Forest Preserve District
CL —
THAT PART OF THE NORTHEAST U D THE SOUTHEAST QUARTER
OF T HE SOUTHEAST 1/4 OF SECTION , TOWNSHIP
EAST AND THE NORTH HALF OF GOVERNMENT THE SOUTH 1/
GOVERNMENT OF LOT 2 OF THE SOUTHWEST QUARTER OF SECTION 31,
TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD N DI ;
MORE PARTICULARLY DESCRIBED :
BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTH HALF OF
GOVERNMENT LOT 2 OF THE SOUTHWEST T SECTION 3 1,
TOWNSHIP 43 NORTH, RANGE 11 T; THENCE NORTH 10 DEGREES 1
MINUTES 16 SECONDS T A DISTANCE 57.85 FEET TO ;
THENCE SOUTH 89 DEGREES 45 MINUTES 08 SECONDS EAST A DISTANCE
OF 16.02 FEET TO A POINT; THENCE H 00 DEGREES 05 MINUTES
SECONDS EAST A DISTANCE 1862.61 FEET ALONG THE EAST LINE OF
GOVERNMENT LOT 2 TO THE NORTHEAST CORNER OF GOVERNMENT LOT
THENCE E - 44 MINUTES 11 SECONDS WEST A
DISTANCE OF 1310.50 LINE OF GOVERNMENT LOT
2 TO THE NORTHWEST CORNER OF GOVERNMENT LOT 2; THENCE NORTH
00 DEGREES 14 MINUTES DISTANCE 431.63 FEET
TO A INT; THENCE NORTH 89 DEGREES 59 MINUTES 19 SECONDS WEST
DISTANCE F 1283.98 FEET ALONG THE NORTH LINE F THE NORTHEAST
QUARTER F THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 43
NORTH, RANGE 10 EAST TO THE NORTHWEST QUARTER THE
NORTHEAST QUARTER OF THE SOUTHEAST T SECTION 6,
TOWNSHIP 43 NORTH, RANGE 10 EAST; THENCE SOUTH 0 DEGREES 06
MINUTES 46 SECONDS EAST A DISTANCE F 1121.97 FEET ALONG THE
WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 36 NORTH, TOWNSHIP 43 NORTH, RANGE 10 EAST TO A POINT;
THENCE SOUTH 53 MINUTES 14 SECONDS T A DISTANCE
OF 30.00 TO A POINT; THENCE SOUTH S 06 MINUTES
SECONDS EAST A DISTANCE F 1225.90 FEET ALONG THE WEST LINE OF
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36,
TOWNSHIP 3 NORTH, RANGE 10 EAST TO THE SOUTHWEST CORNER
THE SOT AST QUARTER OF THE SOUTHEAST U SECTION ,
TOWNSHIP 43 NORTH, RANGE 10 EAST; THENCE NORTH 89 DEGREES 56
IUS 32 SECONDS EAST ALONG THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST CTI , TOWNSHIP 43
NORTH, RANGE 10 EAST AND THE SOUTH LINE OF THE SOUTH HALF OF
GOVERNMENT LOT 2 OF THE SOUTHWEST QUARTER OF SECTION 1,
NORTH,TOWNSHIP 43 RANGE 11 EAST A DISTANCE 259 . 8 FEET TO
THE POINT OF BEGINNING.
AREA = 57,024.71 square feet or 127.572 acres.
I NS: 14-36-400-002-0000, 14-36-400-006-0000, 15- - - 7- - 1-
-009, 15-31-300-012-0000, AND 15- 1- - 1 -
MARKED ALL AS SHOWN ON A PLAT I
MADE A PART HEREOF.
IN CONSIDERATION of the grant of the temporary easements, rights,
privileges, and authority herein contained, this Easement Grant is subject t o t he
following conditions:
FIRST: Said part of the Project shall be constructed by the District upon, over,
and through the casement premises described herein, in accordance with the
specifications and plans prepared byte Director of Engineering of the District
and that certain "INTERGOVERNMENTAL AGREEMENT FOR DESIGN,
CONSTRUCTION, USE, OPERATION, AND MAINTENANCE OF STORMWATER
AND RECREATIONAL IMPROVEMENTS AT THE BUFFALO CREEK FOREST
PRESERVE" (the "Intergovernmental Agreement").
SECOND: District expressly assumes all responsibility for, and shall indemnify,
save, and keep harmless the Grantor against any loss, damage, cost or expense
is it may suffer, incur ors st , or for is it might become liable growing
out of any injury to or death of persons, or loss, or damage to property, arising
out of or caused in the performance of any or one by or under the authority
of the District by virtue oft e rights granted herein. In the event oft e bringing
of any action, suit or suits, against the Grantor growing out of any such loss,
damage, cost or expense, and as a prerequisite to any recovery therefore from
the District, the Grantor shall give written notice to the District o f t he
commencement of such action, it or suits, and thereafter the District shall
assume the defense thereof. The District shall save and keep harmless the
Grantor from any claims for mechanics'liens by reason of any construction work,
repairs, replacements, or other work, or for any improvements made or placed
upon or t o t he easement by the District.
The rights and obligations of the Grantor and the District, respectively
hereunder, shall inure tote benefit of and be binding upon their respective
successors and assigns, and all terms, conditions, and covenants herein all
be construed as covenants, running with the land. The District has the right to
-3-
assign the easement rights granted herein, and upon assignment shall notify the
Grantor or its successors within 30 days.
THIRD:
(a) The Grantor and its successors, assigns, and beneficiaries shall not
construct a building or buildings or other structures upon said
temporary easement until the Project is in place. However, the
Grantor may construct, or allow construction of, a wireless
telecommunications tower, ancillary equipment, and access thereto,
in the location depicted on the attached map as the 60'x60' "Tower
Compound", if such construction and the use of such tower will not
unreasonably interfere with the Project. The Grantor may grant a
non-exclusive easement or license to allow the use of such tower,
equipment, and access.
(b) The Grantor and its successors, assigns, and beneficiaries shall not
use the temporary easement for dumping or storage of soil, trash,
abandoned vehicles, appliances, machinery, or other materials.
(c) The Grantor and its successors, assigns, and beneficiaries shall not
perform any grading, filling, excavation, dredging, drilling, or
removal of topsoil, sand, gravel, rock, peat, and other materials,
except as necessitated by maintenance.
FOURTH: The District shall, after the Project is constructed, restore the
temporary easement premises to their original or better condition as stated in
the General Specifications of the District for the Project and the
Intergovernmental Agreement. All such restoration work will be completed
within 60 days after the Project is constructed, weather conditions permitting.
FIFTH: The Grantor hereby acknowledges that it has been advised of its rights
under the Relocation Assistance and Real Property Acquisition Policies Act of
-4-
1970 (P.L. 91-646) by the District or is otherwise familiar with same; that the
transaction embodied in the foregoing document is subject to said P.L 91-646;
and that notwithstanding that the rights afforded it thereunder does hereby
knowingly and intentionally waive and relinquish any and all rights which it may
have thereunder and acknowledges that the consideration paid for the easement
aforesaid is fair and reasonable.
SIXITI: The temporary easement shall terminate on the completion of the
construction of the Project within the Easement premises.
SEVENTH: Notwithstanding the foregoing provision, the District hereby reserves
the right to terminate this Easement at any time during the Easement term.
IN WITNESS WHEREOF:
The Grantor has executed this instrument consisting of 10 pages,
including the inserted pages 2A and 2B AND Exhibit H, and this page, in
quadruplicate, and has hereunto set their hand and seal on the day and date
first written above, hereby releasing and waiving all rights under and by virtue
oft Homestead Exemption s o t f the State of Illinois.
SEAL [Lake Count y Forest Preserve District
By:—.�--I Lyn A .4
Title: PPU-Slb�,NT
Attest:
By:
.k
Title:v
Agreed: [Metropolitan__Water Reclamation
District of Greater Chicajso]
By:
Title:CLII-�ho'14.,a
'ri Me.
-6-
STATE OF ILLINOIS )
) SS
COUN-1Y OF COOK
I, enCil 6 )CLC, tW a Notary Public in and forte County and
State aforesaid, do hereby certify that 'A nn (flQ I tie and
&aana-nj of Lake County Forest Preserve District,
who are personallyl4nown to me to b e t he same persons whose names are
subscribed in the foregoing instrument as such and
appeared before me this day in person and acknowledged that he signed,
sealed, and delivered the said instrument of writing as their free and voluntary
act, of the said Lake County Forest Preserve District for the uses and purposes
therein set forth.
GIVEN under my hand and my Notarial Seal this (n4-k—_ day of
Ci rte
Notary Public-'
My Commission expires:
A.D.,
L)
Notary OFFICIAL SEA
MAUREEN E SHEL ON
Public, State of Illinois
MY Commission Expires 08/17/2020
W
-7-
IN
METROPOLITAN WATER RECLAMATION DISTRICT
OF GREATER CHICAGO
LAKE COUNTY FOREST PRESERVE DISTRICT
w-11E
NE j OF SO i 1310 50 NEJO; TIE SFJ
SEC 36 TIES,R10E SEC WN,R�'E
A CF LO 2
OF IF
CE
SEC 36,TASK RICE \ lb 3i 300 01. 6-1-40J-004
15 31-300-013 Is 11
CONTRACT 13-370-3F
PARCEL A
TEMPORARY EASEMENT
4,
X
Checker Rd 0
NO,
1.0
ilk..... . ........
OK KO
I�s��l�uQO11Q,• y s `; ,'_
•t
= K
rqse
..........
Lake-CookRd
Legend
M Forest Preserve Property Tower Compound: 60'x 60' LCWI Wetlands
MENEM �Feet �7377 2373
0 M 70 140 Forest Preserve Trails Access Road 2CI I A.-Ph— M p P,®rpi-d 1 Ap 2016
January 2009 B-1
THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
CONTRACTOR'S BOND
PERFORMANCE AND PAYMENT FOR LABOR AND MATERIALS
BOND NO.
now All Men by These Presents,That We
....................................................................I.................. on account of infringement of patents on the process of sewage
........I.................................................................I............ treatment used and moreover shall pay to the Dual Obligees any sum
.................................... .................................................. or sums of money determined by the Engineer to be due the Dual
hereafter referred to as Principal, and.................................... Obligees by reason of any failure or neglect in the performance of
......................... ........................................... ................. said contract,and shall pay for all materials used in said work and
........................................................ I......................... for all labor performed in such work whether by subcontractors or
....................................................................................... otherwise, and shall pay all valid claims and demands whatsoever,
as Surety,are held and firmly bound unto the Metropolitan Water and shall defend, indemnify, and hold harmless the Dual Obligees,
Reclamation District of Greater Chicago and Lake County Forest their Commissioners,officers,agents and employees against loss or
Preserve District, collectively the "Dual Obligees" in penal sum expense by reason of any liability imposed by law upon the
of................................................... ................................ Metropolitan Water Reclamation District of Greater Chicago, its
...I—I I......I.......................................... ........................... Commissioners,officers,agents and employees,for damage because
....................................................................................... of bodily injuries,including death at any time resulting there from,
.......................................................Dollars($...................) accidentally sustained by any person or persons,damage to property,
lawful money of the United-States,for the payment of which sum of including los&of use-thereof,arising out of or in consequence-of the-
money well and truly to be made, we bind ourselves, our heirs, performance of this work byte Principal, any subcontractor(s),
executor and administrators, successors and assigns, jointly and their agents,employees or workmen,including all valid claims and
severally,firmly these presents. demands for first aid,medical,surgical and hospital services and for
damages,compensation for occupational diseases,accidental injuries
Sealed with our hands and seals and dated this or deaths, under the provisions of the Structural or Act, the
........................day of..............................A.D.2............. Workmen's Occupational Diseases Act and Workmen's
Compensation Act of the state or Illinois,now in force, which may
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, accrue to each and every person who shall b e e mployed by said
That whereas the above bounden Principal has entered into a certain Principal or subcontractor(s) in or about the performance of said
contract with the Metropolitan Water Reclamation District of contract,or which shall accrue to the beneficiaries of any such person
Greater Chicago for work performed on Lake County Forest or persons,and shall repay any illegal or excess payments,then is this
Preserve District lands,bearing date the..............................day obligation to be null and void,otherwise to remain in full force and
of ......................... A.D. 2.........for doing all the work and effect.
furnishing all the materials, tools, labor, appliances and
appurtenances necessary for AND THE SAID SURETY,for value received,hereby stipulates and
.....................—............................................ ............... agrees that no change,extension of time,alteration or addition to the
........................................................... ........................... terms of the contract or to the work to be performed there under or
..1.1........................................................I......................... the specifications accompanying the same shall in any wise affect its
............................................... ....................................... obligations on this bond,and it does hereby waive notice of any such
as specified in the attached contract documents. change,extension of time,alteration or addition t o t he terms of the
contract or t o t he work or to the specifications.
Now,if said Principal shall in all respects well and truly keep and
perform the said contract on its part in accordance with the terms THIS BOND is also made for the use and benefit or all persons,firms,
thereof, the specifications therein contained, and the plans and corporations who may furnish any materials or perform any
accompanying the same,and in time and manner therein prescribed, labor for or on account of said work,buildings or improvements,and
and shall defend, protect, indernnify, keep and save harn-dess the they and each of the are hereby made obliges,hereunder and same
Dual Obligees,their Commissioners,officers,agents and employees as if their own proper names were written herein,as such,and they
against all liabilities, judgments, costs, damages, expenses, and and each of the may sue hereon the Principal.The Principal or any
Attorney's fees, which may in any wise come against the Dual subcontractor(s)under it will pay not less than the specified rates of
Obligees,their officers,agents and employees,in consequence of the wages, as set forth in Article 3 of the General Conditions, to all
awarding of such contract,or is may in any wise result from the laborers,
execution of the work to be performed under said contract by the
Principal, its agents, employees, or workmen, in any respect,
whatsoever,or which may result on account of infringements of any
patent by reason of the materials,machinery,processes,devices,or
apparatus used or on furnished in the performance of said contract,
except for all liability
January 2009 B-2
workmen and mechanics employed by the Principal or its ......................................................................................
subcontractor(s)performing the work under this contract. Printed Name
AND IT IS HEREBY FURTHER EXPRESSLY UNDERSTOOD ............................... I........................
AND AGREED,and made a condition hereof,that the Principal Title
and Surety expressly admit and covenant to and with the Dual
Obligees that the plans and specifications and other provisions of (Attest).......................................... ...
the contract,if the work to be done without fault or negligence on *Signature
that part of the Principal,or his agents,employees or workmen,do
not involve any danger to the structures of the Dual Obligees or to ...................................................................I...................
any property or structures adjacent to or in the vicinity of the work. Printed Name
The liability of the Principal and the Surety under this covenant is
absolute and is not dependent upon any question of negligence on .................................................................................
the part of the Principal,or the part of his agents,employees or Title
workmen,to take any particular precautions or to refrain from
doing any particular thing,shall not excuse the Principal or the ..................................................... ..............................
Surety in case of any such damage. Name of Surety
AND IT IS HEREBY FURTHER EXPRESSLY UNDERSTOOD
AND AGREED, and made a condition hereof, that any judgment Address of Surety
rendered against the Dual Obligees, as aforesaid, in any suits for
damages because of bodily injuries, including death at any time .......................................................................................
resulting there from, accidentally sustained by any person or Telephone Number of Surety
persons,damage to property,including loss of use thereof,arising out
of or in consequence of the performance of this work whether such By--...............................................................................
injuries to a person or persons,including death at any time resulting Signature
there from,damage to property,are due or claimed to be due to any
negligence or the Dual Obligees,the Principal,any subcontractor(s). .......................................................................................
their employees or agents or anyone else,and also that any judgment Printed Name
of any court or award of any Board of Arbitrators or of the State Attorney-in-Fact
Industrial Board of the state of Illinois rendered against said the Dual
Obligees in any suit or claim arising under said Structural or Act, Approved as the For and Legality:
the Workmen's Occupational Disease Act and Workmen's
Compensation Act of the state of Illinois, now in force, relating to .....................................................................A.D.2..........
compensation for occupational diseases,accidental injuries or death
suffered by his employees or the employees of any subcontractor(s) .......................................................................................
in the course of their employment, when notice of the pendency of Assistant Attorney
such suit,hearing or arbitration shall have been given said Principal
shall be conclusive against each and all parties to this obligation as to .......................................................................................
amount,liability and all other things,pertaining thereto. General Counsel
The Surety further expressly agrees that the Performance Bond shall Approved.................................... ...................A.D.22......
be governed by Illinois law with Illinois as the for and that Illinois
law will be the controlling law in the event that any disputes,claims .......................................................................................
or controversies should arise out of or in connection with the Director of Procurement and Materials Management
Performance and and any subsequent contract that is awarded
pursuant thereto. *NOTE If the contract is executed by other than the President and
Secretary, a corporate resolution must be attached authorizing
execution by the designated parties.
.....................................................................................
Name of Company or Corporation
............ ......-...........................................................(Seal)
Signature
EXHIBIT J
Construction Contract
A-1
AGREEMENT
WITH
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
FOR
BUFFALO CREEK RESERVOIR EXPANSION
LAKE COUNTY,ILLINOIS
CONTRACT 13-370-3F
This Agreement made and entered into this day of
A.D., 201 , by and between the Metropolitan Water
Reclamation District of Greater Chicago, a municipal corporation organized and existing under
and by virtue of the laws of the State of Illinois, hereinafter designated the District, and
hereinafter designated the Contractor.
WITNESSETIF That the said Contractor has covenanted, contracted and agreed and by these
presents does covenant, contract and agree with the said District, for and in consideration of the
payments made as provided for herein,to the Contractor by the said District, and under the penalty
expressed in the bond hereto attached,at his proper costs and expense to do all the work and furnish
all materials,tools,plant,equipment, labor and all appliances and appurtenances called for by this
Agreement (free from all claims, liens and charges whatsoever against monies due or to become
due to the Contractor), in the manner and under the conditions hereinafter specified, that are
necessary for the construction of or or required as specified in the contract documents,
BUFFALO CREEK RESERVOIR EXPANSION, CONTRACT 13-370-3F.
LOCATION
The site oft e proposed work is at the Buffalo Creek Forest Preserve, is is located at 18 163 West
Checker Road, Village of Long Grove, County of Lake, State of Illinois.
DESCRIPTION OF WORK
The work to be performed under this Contract consists of furnishing all materials, labor and
equipment required for the following work and all work as shown on the Plans and specified herein:
1. EXPAND VOLUME OF EXISTING FLOOD CONTROL RESERVOIR
a. Perform mass excavation necessary to expand the existing basin east of Schaeffer Road.
b. Place excavated materials to create natural appearing land for ms in the open area west of
Schaeffer Road.
c. Soil erosion and sediment control,traffic control,dewatering,topsoil shipping and respread,
demolition,furnish and install storm sewers,furnish and install stone for erosion control,and
related work.
1 CONSTRUCT PUBLIC ACCESS IMPROVEMENTS
Contract 13-370-3F AGREEMENT
A-2
a. Construct over two linear miles of new multi-use trails.
b. Expand existing asphalt parking lot,
c. Construct seven wooden boardwalks1bridges,
& Pavement striping,furnish and install signage, and related work.
3. LANDSCAPE WORK
a. Furnish and install over 60 acres of native seed and wetland plants, and erosion control
blanket.
b. Furnish and install turf seed and erosion control blanket.
c. Furnish and install trees,
4. MONITORING AND MANAGEMENT OF NATIVE RESTORATION WORK FOR
PERMIT COMPLIANCE
a. Conduct annual monitoring, vegetation management, and reporting necessary for permit
compliance and sign-off,
CONTRACT DOCUMENTS
The Contract Documents consist of the following:
VOLUME I OF 4—SIGPNATURE BOOK
TITLE DATED PAGES
INVITATION TO BID 1-1 to 1-6
MANDATORY TECHNICAL PRE-BID 09/08 M-1
CONFERENCE CERTIFICATE
SITE VISIT RELEASE & INDEMNITY 09/08 SV-1
AGREEMENT
BIDDING REQUIREMENTS AND INSTRUCTIONS 10/14 R-1 to R-6
TO BIDDERS
LAKE COUNTY PREVAILING WAGE FOR JULY 2015 07/15 R-7 to R-I 3
AUTHORITY FOR ATTACHED PROPOSAL 01/09 AU-1
PROPOSAL P-1 to P-10
AGREEMENT Contract 13-370-3F
A_3
AFFIDAVIT 01/09 -I
AGREEMENT -1 to A-32
CONTRACTOR'S BOND 01/09 -1 to -2
MULTI-PROJECT LABOR 07/98 1 to 6
MEMORANDUM OF UNDERSTANDING 07/02 7 to 8
CERTIFICATE OF COMPLIANCE WI L 09/05 9 to 10
PEN C—AFFIRMATIVE ACTI 03/93 1 to 6
REQUIREMENTS
AFFIRMATIVE ACTION E A C 06/15 -1 to -23
ASSIST AGENCY LIST 06/15 A-1 to -2
MBE, WBE, SBE UTILIZATION PLAN, WAIVER 06/15 -1 to -7
REQUEST AND THE MBE,WBE, SBE
SUBCONTRACTOR'S LETTER OF INTENT
APPENDIX —DECLARATION OF POLICY, 01/09 -1 to -5
SPECIAL PROVISIONS FOR APPRENTICESHIPS
EXHIBIT C CONTRACTOR INFORMATION FORM 07/13 1 to 11
VOLUME 2 OF 4—SPECIFICATIONS
TITLE PAGES
GENERAL CONDITIONS 09/15 C-1 to C-20
GENERAL SPECIFICATIONS 01/09 GS-1 to S-16
GENERAL SPECIFICATIONS -CONCRETE 11/02 C-1 to C-12
GENERAL SPECIFICATIONS —SEWERS 11/02 S-1 to SS-12
SPECIAL PROVISIONS -1 to SP-4
Contrau 13-370-3F AGREEMENT
A-4
DIVISION 1 - GENERAL REQUIREMENTS
Section 01 1100 General Summary of or 011100- to 011100-6
Section 01 1105 Insurance 011105- to 011105-2
Section 01 1216 Sequence of Work 011216- to 011216-3
Section 01 1217 Work Limitations and Constraints 011217-1 to 011217-3
Section 01 1413 Access to Project Site 011413-1 to 011413-2
Section 01 2000 Price and Payment Procedures 012000-1 to 012000-6
Section 012500 Substitution Procedures 012500-1 to 012500-2
Section 01 26 Contract Modification Procedures 012600-1 to 012600-5
Section 01 2663 Change Orders 012663-1 to 012663-11
Section 012666 Extension of Contract Time 012666-1 to 012666-4
Section 01 2675 Dispute Resolution Process 012675-1 to 012675-4
Section 01 3105 Web-Based Project Management System 013105-1 to 013105-4
Section 013115 Project Coordination and Meetings 013115-1 to 013115-6
Section 013216 Construction Project Schedule 013216-1 to 013216-26
Section 01 3300 Submittal Procedures 013300-1 to 013300-5
Section 013527 Safety and Occupational Health Requirements 013527- to 013527-8
Section 014000 Quality Requirements 014000- to 014000-
Section 0 14210 References and Standards 014210-1 to 014210-33
Section 014613 Non-Conformancc Form 014613-1 to 014613-1
Section 015000 Temporary Facilities and Controls 015000-1 to 015000-7
Section 01 5500 Vehicle Access and Parking 015500-1 to 015500-3
Section 015526 Traffic Control 015526-1 to 015526-
Section 015626 Temporary Fencing 015626-1 to 015626-2
Section 015723 Temporary Stonu Water Pollution Control 015723-1 to 015723-5
AGREEMENT Contract 13-370-3F
A-5
Section 016000 Product Requirements 016000-1 to 016 0-3
Section 01 7000 Execution and Closeout Documents 017000-1 to 017000-3
Section 017115 Mobilization and Demobilization 017115-1 to 017115-2
Section 017329 Cutting and Patching 017329-1 to 017329-4
Section 01 7419 Construction Waste Management 017419-1 to 017419-7
Section 017839 Project Record Documents 017839-1 to 017839-8
DIVISION 2- EXISTING CONDITIONS
Section 02 0613 Geotechnical Baseline Report 020613-1 to 020613-1
Section 02 2400 Environmental Assessment 022400-1 to 022400-1
Section 02 4113 Site Demolition 024113-1 to 024113-5
Section 02 4114 Utility Abandonment 024114-1 to 024114-5
Section 02 4115 Utility Removal 024115-1 to 024115-6
Section 02 6113 Excavation and Handling of Contaminated 026113-1 to 026113-7
Material
DIVISION 3 - CONCRETE
Section 03 3000 Cast-in-Place Concrete 033000-1 to 033000-25
DIVISION 4 - MASONRY
Section 04 4100 Dry-Placed Stone 044100-1 to 044100-6
DIVISION 31 -EARTHWORK
Section 31 0513 Soils for Earthwork 310513-1 to 310513-3
Section 310516 Aggregates for Earthwork 310516-1 to 310516-4
Section 31 0519 Geosynthetics for Earthwork 310519-1 to 310519-3
Section 31 1005 Site Clearing and Grubbing 311005-1 to 311005-5
Section 31 1010 Selective Clearing 311010-1 to 311010-13
Contract 13-370-3F AGREEMENT
A-6
Section 312213 Rough Grading 312213-1 to 312213-5
Section 31 2316 Trench Excavation, Backfill, and Compaction 312316-1 to 312316-8
Section 312319 Control of Water 312319-1 to 312319-7
Section 312500 Erosion and Sediment Control 312500-1 to 312500-7
Section 313523 ACB Revetment 313523-1 to 313523-7
Section 31 3700 Riprap 313700-1 to 313700-6
Section 314116 Sheet Piling 314116-1 to 314116-5
DIVISION 32—EXTERIOR IMPROVEMENTS
Section 32 0100 Protection and Repair of Pavements 320100-1 to 320100-4
Section 32 0513 Soils for Landscaping 320513-1 to 320513-6
Section 32 1123 Aggregate Base Course 321123-1 to 321123-5
Section 32 1216 Asphalt Paving 321216-1 to 321216-5
Section 32 1511 Aggregate Pavements 321511-1 to 321511-3
Section 32 1723 Pavement Markings 321723-1 to 321723-9
Section 32 3119 Vegetation Control 323119-1 to 323119-10
Section 32 3129 Split Rail Fence 323129-1 to 323129-4
Section 32 3300 Site Furnishings 323300-1 to 323300-4
Section 32 3400 Fabricated Bridges and Boardwalks 323400-1 to 323400-11
Section 32 7220 Natural Area Monitoring, Management, and 327220-1 to 327220-6
Reporting
Section 32 9119 Landscape Grading 329119-1 to 329119-6
Section 32 9123 Wetland Planting 329123-1 to 329123-10
Section 32 9219 Seeding 329219-1 to 329219-17
Section 32 9340 Native Tree and Shrub Planting 329340-1 to 329340-10
Section 32 9643 Woody Plant Materials Protection and 329643-1 to 329643-6
Trimming
AGREEMENT Contract 13-370-3F
A-7
DIVISION 33—UTILITIIES
Section 33 4213 Pipe Culverts 334213-1 to 334213-6
Section 33 /1690 S-,ibdrainagc 334680-1 to 334680-4
VOLUME 3 OF 4—SUPPLEMENTAL INFORMATION
Appendix A—Geotechnical Baseline Report
Appendix B—Environmental Assessment
Appendix C — Project Mitigation Document including Management and Monitoring Plan for the
Buffalo Creek Reservoir Expansion
Appendix D—Management and Monitoring Plan Non-Mitigation Best Management Practice Area
Appendix E—Permits
VOLUME 4 OF 4—PLANS
The work one and material furnished shall be strictly pursuant to and in conforinity with the
specifications and the following plans, which are signed, attached hereto and made a part of this
Agreement,to wit:
PAGE SHEET IT OF SHEET
NO. NO
I TC-001 Cover Sheet
2 TS
-001 Signature and Engineers Seals
3 TL-001 List of Contract Plans
4 TL-002 List of Contract Plans
5 LP-001 Location Plan
6 C-001 General Reference Symbols
7 C-002 Standard Abbreviation and Site Symbols
8 C-003 General Notes
9 C-004 Control Data—West BM#5—BM#9
10 C-005 Control Data—East BM#1 —BM#4
Contract 13-370-3F AGREEMENT
A-8
PAGE SHEET TITLE OF SHEET
NO. NO
11 C-101 Existing Conditions Overall Plan—West
12 C-102 Existing Conditions Overall Plan—East
13 CE-101 Existing Conditions
14 CE-102 Existing Conditions
15 CE-103 Existing Conditions
16 CE-104 Existing Conditions
17 CE-105 Existing Conditions
18 CE-106 Existing Conditions
19 CE-107 Existing Conditions
20 CE-108 Existing Conditions
21 CE-109 Existing Conditions
22 E-110 Existing Conditions
23 CE-111 Existing Conditions
24 CE-112 Existing Conditions
25 CB-101 Soil Boring Locations
26 CD-101 Demolition Plan
27 CD-102 Demolition Plan
28 CD-103 Demolition Plan
29 CD-104 Demolition Plan
30 CD-1 5 Demolition Plan
31 CD-106 Demolition Plan
32 CD-107 Demolition Plan
33 CD-108 Demolition Plan
AGRUMENT Contract 13-370-3F
A-9
PAGE SHEET TrFLE OF SHEET
NO. NO
34 CD-109 Demolition Plan
35 CD-1 10 Demolition Plan
30 CD-i I I Demolition I'laii
37 CD-112 Demolition Plan
38
-1 13 Tree Survey Tables
39 CD-114 Tree Survey Tables
40 CD-115 Tree Survey Tables
41 CD-116 Tree Survey Tables
42 CD-117 Tree Survey Tables
43 CD-1 18 Tree SurvcyTabics
44 CD-119 Tree Survey Tables
45 CD-120 Tree Survey Tables
46 CS-101 SESC Plan and Construction Phasing Phase I—West
47 CS-102 SESC Plan and Construction Phasing Phase I—East
48 CS-103 SESC Plan and Construction Phasing Phase 11—West
49 CS-104 SESC Plan and Construction Phasing Phase 11—East
50 CS-105 SESC Plan and Construction Phasing Phase III—West
51 CS-106 SESC Plan and Construction Phasing Phase III—East
52 CS-107 SESC Plan and Construction Phasing Phase IV—West
53 CS-108 SESC Plan and Construction Phasing Phase IV—East
54 CS-109 SESC Plan and Construction Phasing Phase V—West
55
-1 10 SESC Plan and Construction Phasing Phase V— as
56 CS-111 SESC Plan and Construction Phasing Phase VI—West
Contract 13-370-3F AGREEMENT
A-10
PAGE SHEET TITLE OF SHEET
NO. NO.
57 CS-112 SESC Plan and Construction Phasing Phase VI—East
58 CS-501 SESC Details
59 CS-502 S C Details
60 CS-503 S & Construction Phasing Notes
61 CS-504 SESC Notes
62 CT-101 Maintenance of Traffic Phase 1
63 CT-102 Maintenance of Traffic Phase II
64 CT-103 Maintenance of Traffic Phase III
65 CT-104 Maintenance of Traffic Phase IV
66 CT-105 Maintenance of Traffic Phase V
67 CT-106 Maintenance of Traffic Phase VI
68 CT-501 Maintenance of Traffic Details
69 CT-502 Maintenance of Traffic Details
70 CT-503 Maintenance of Traffic Details
71 CG-101 Grading and Drainage Plan
72 CG-102 Grading and Drainage Plan
73 CG-103 Grading and Drainage Plan
74 CG-104 Grading and Drainage Plan
75 CG-105 Grading and Drainage Plan
76 CG-106 Grading and Drainage Plan
77 CG-107 Grading and Drainage Plan
78 CG-108 Grading and Drainage Plan
79 CG-109 Grading and Drainage Plan
80 CG-1 10 Grading and Drainage Plan
AGREEMENT Contract 13-370-3F
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PAGE SHEET TITLE OF SHEET
NO NO
81 CG-111 Grading and Drainage Plan
82 CG-112 Grading and Drainage Plan
83 CG-113 Grading and Drainage Plan Parking Lot
84 CG-114 Grading and Drainage Plan Overlooks
85 CG-115 Grading and Drainage Plan — Site Detail West Unnamed Tributary Profile
86 CG-116 Grading and Drainage Plan — Site Detail Buffalo Creek Tributary 'A'
Profile
87 CG-117 Riprap Geometric Plan Buffalo Creek Tributary "A"
88 CG-118 Buffalo Creek Tributary 'A' Grade Control Structures#1 Elevations
89 CG-1 19 Buffalo Creek Tributary 'A' Grade Control Structure#2 Elevations
90 CG-120 Main to Buffalo Creek Stream Restoration
91 CG-121 West Unnamed Tributary Stream Restoration
92 CG-201 Plan &Profile STA 107+00 TO STA 118+00
93 CG-202 Plan & Profile STA 118+00 TO STA 129+00
94 CG-203 Plan &Profile STA 129+00 TO STA 140+00
95 CG-204 Plan &Profile STA 140+00 TO STA 148+00
96 CG-205 Plan &Profile STA 148+00 TO STA 152+63
97 CG-206 Plan &Profile STA 200+00 TO STA 211+00
98 CG-207 Plan & Profile STA 211+00 TO STA 222+00
99 CG-208 Plan & Profile STA 222+00 TO STA 233+73
100 CG-209 Plan & Profile STA 250+00 TO STA 252+44, STA 260+00 TO STA
261+29, STA 270+00 TO STA 272+27
101 CG-210 Plan &Profile STA 300+00 TO STA 311+00
102 CG-21 I Plan & Profile STA 311+00 TO STA 321+96
Contract 13-370-3F AGREEMENT
A-12
PAGE SHEET TITLE OF SHEET
NO. NO.
103 CG-212 Plan & Profile STA 350+00 TO STA 351+91, STA 400+00 TO STA
406+90
104 CG-501 Grading&Site Details
105 CG-502 Grading & Site Details
106 CG-503 Grading & Site Details
107 CG-504 Grading & Site Details
108 CG-505 Grading & Site Details
109 CG-506 Grading& Site Details
110 CG-507 Grading&Site Details
III CG-508 Grading &Site Details
112 L-101 Landscape Plan
113 L-102 Landscape Plan
114 L-103 Landscape Plan
115 L-104 Landscape Plan
116 L-105 Landscape Plan
117 L-106 Landscape Plan
118 L-107 Landscape Plan
119 L-1 Landscape Plan
120 L-109 Landscape Plan
121 L-110 Landscape In
122 L-111 Landscape Plan
123 L-112 Landscape Plan
124 -113 Tree and Shrub Planting Plan—West
125 L-114 Tree and Shrub Planting Plan—East
AGREEMENT Contract 13-370-317
A-13
PAGE SHEET TITLE OF SHEET
NO NO.
126 L-115 Tree and Shrub Planting Schedule
127 L-116 Limits of Natural Areas —West Monitoring, Management and Reporting
128 -117 Limits of Natural Areas—East Monitoring, Management and Reporting
129 L-501 Landscape Details
130 S-101 Boardwalk#1 —Ten Ton Plan View, Side View, &Notes
131 S-102 Boardwalk#2—Ten Ton Plan View, Side View, &Notes
132 S-103 Boardwalk#3 —Ten Ton Plan View, Side View, &Notes
133 S-104 Boardwalk#4—Ten Ton an View, Side View, &Notes
134 S-105 Boardwalk#5 —Ten Ton Plan View, Side View, &Notes
135 S-106 Boardwalk#6—Ten Ton Plan View, Side View, &Notes
136 S-107 Boardwalk#7—Ten Ton Plan View, Side View, &Notes
137 S-501 Boardwalks#1 -#7 —Ten Ton Plan &Elevation
138 S-502 Boardwalks#1 -#7 —Ten Ton Sections & Details
139 S-503 Boardwalks#1, #4, #6—Ten Ton Free Span Plan & Side Elevation
140 S-504 Boardwalks#1,#4,#6—Ten Ton Free Span Sections &Details
141 S-505 Boardwalks#1, #4, #6—Ten Ton Diaphragm Section & Detail
NOTE: The scales appearing on the Contract Plans are those to which the original plans were drawn
and are not correct for the reproduced plans forn-ling the Contract set.
The above listed Contract Documents are attached hereto. If Contract Documents are downloaded
from the District's website,or if Contract Documents are obtained directly from the Procurement and
Materials Management Department, the Bidder is directed to return only Volume 1, is is the
Signature Book for Submission of Bid, fortis contract, properly completed with the required
signatures, in time for the public bid opening date. All the covenants, to and stipulations in these
Contract Documents form the Contract and are hereby made a part thereof,
Contract 13-370-3F AGREEMENT
A-14
CONTRACT DOCUMENTS FURNISHED
on execution of the Contract Documents and approval of the Contractor's Bond, the Water
Reclamation District will furnish to the Contractor,free of charge,five complete sets of specifications,
one (1) set of full-size prints, and four (4) sets of planograph reproductions. The Contractor may
request, free of charge up to ten additional sets of the specifications and planograph reproductions.
The Contractor may obtain,at his own cost,additional full-size prints of the Contract Plans by having
an approved blueprint supplier pick up a CD containing TIFF images of the original drawings at the
District's Engineering Department Vault, make the prints, and immediately return the CD to the
Engineering Department Vault. Arrangements for this service shall be made by contacting the Vault
personnel (312)751-3159 at least 24 hours prior tote pick-up time of the drawings.
AS-BUILT DRAWINGS
The Contractor agrees to furnish to the District, upon completion of the work, one complete set of
As-Built drawings,
All modifications to Contract drawings will be made using CAD, the data structure for layer
assignments; the symbology of the drawing files; and the AutoCAD drawing format (.dg) shall
follow the District's CAD Standards and Design Conventions.
A copy oft e Contract CAD files will be made available to the Contractor by the District Engineer,
The Contractor shall make necessary additions and corrections to the CAD files to show the As-
Built conditions.
The District will furnish upon request a CD-ROM containing blocks,font libraries and the standard
border and title block.
Drawing sheets that have been modified shall have a modification cloud bubble placed around the
area or item that has been modified with a revision triangle next to cloud bubble.
If supplementary drawings are necessary they must be produced using CAD, added to the set given
a new number in sequence and have a modification cloud bubble placed around the sheet number.
Adhere to the District's CAD Standards and Design Conventions.
The List of Contract Plan sheet(s) shall be adjusted to reflect any changes to CAD files used to
create As-Bui It drawing files following District's CAD Standards and Design Conventions.
All drawing files changed by the Contractor to reflect As-Built conditions, shall be printed on
paper and reviewed for accuracy by the Contractor and District's Resident Engineer, Once these
drawings are approved byte District's Resident Engineer, the Contractor shall furnish to the
District, a CD with one set of electronically stored As-Built drawings, The District will use the
CD to plot/print full size reproducible vellums with opaque black ink.
After a full set of drawings are plotted/printed on reproducible vellum,arrangements shall be made
for the Contractor and District's Resident Engineer to meet at the District's MOBA. For each
drawing, a decal "BUILT A S S HOWN" (furnished by the District), shall be placed near the
AGREEMENT Contract 13-370-3F
A-15
LOWER RIGHT
and side of title block or in the space provided on drawing sheet and shall be
dated and signed as to its correctness by the Contractor and District's Resident Engineer,
The Contractor shall include in the appropriate pay items of this Contract, all engineering and
drafting costs required to produce these As-Built Drawings,
Section 23 of the General Specifications
Modify as follows:
Add the following after the second paragraph: "Upon completion of the work under this Contract,
the Contractor shall also furnish to the District one set of electronically stored As-Built drawings
prepared in the current release of AutoCAD used by the District or the latest version of AutoCAD
approved by the District. All work performed by the Contractor on the electronic drawing files
shall conform to the District's CAD standards, A document consisting of the District's CAD
Standards will be transmitted to the Contractor.
An electronic set of the Contract drawings will be made available to the Contractor by the Engineer
on a CD, prepared in the current release of AutoCAD used by the District,
SUBLETTING WORK
The bid money value of all materials purchased directly by the Contractor, together with the bid
money value of all work perfon-ned by personnel and facilities provided directly by the Contractor,
shall be not less than 25% of the money value of all work performed under this Contract. Any bid
money value of work performed by the sub-contractors, for work on the job site utilizing sub-
contractors'materials, labor and facilities, cannot be included in the percent of work to be completed
by the Contractor. The Contractor shall comply with all requirements of Articles 19 and 20 of the
General Conditions,
(7N (S)
The Contractor agrees to furnish a Contractor's Bond in the sum of one hundred (100%) percent of
the amount of this Contract as security for the performance of the work under this Contract as required
under Article 29 of the General Conditions,
RESTORATION WORK
The Contractor agrees to perform all restoration work as set forth in Section (16) of the General
Specifications,
ACCESS TO JOB SITE AND SECURITY
The Contractor agrees to comply with all Security Requirements of the Water Reclamation District.
The Contractor agrees to use the construction entrances shown on the Plans for transportation of any
personnel equipment and material to and from job site.
Provisions to use any other access t o t he work site shall be subject to the approval of the Engineer and
any additional costs involved in providing an alternative access shall be included in the lump sum
Contract 13-370-3F AGREEMENT
A-16
price of the Contract.Wherever construction requires breaching of any existing security measure,the
Contractor agrees to provide temporary fencing adequately constructed to maintain the security
requirement at all times and shall be subject to the approval of the Engineer.
ACCIDENT AND SAFETY REPORTS
The Contractor shall immediately report to the Engineer all accidents involving injury to personnel
or damage to equipment and structures. A written report shall be submitted within 24 hours of the
incident. In addition, the Contractor shall furnish tote Engineer a copy of all accident or health
hazard reports prepared for(OSHA) or any other governmental agencies.
OPERATION OF THE EXISTING FACILITIES
The attention of the Contractor is called to the fact that the existing Buffalo Creek Forest Preserve
upon the site of which the work under this contract is located, is owned by the Lake County Forest
Preserve District and will be kept open to the public while work under this contract is in progress.The
shutdowns and scheduling requirements shall be as specified under the heading"TIME"below. The
Contractor shall arrange his work and agrees to cooperate with the District so as not to interfere with
the continuous operation of the facility by the District, except as otherwise definitely specified.
It should be further noted that the Contractor may have to cooperate with other construction projects
is the Water Reclamation District has determined to be performed simultaneously with this
project, The Contractor shall arrange his work and agrees to cooperate with the Water Reclamation
District and any other contractor(s)to not interfere with any other construction projects at the Buffalo
Creek Forest Preserve.
No complete closure of Buffalo Creek Forest Preserve will be allowed.Construction operations which
may interfere with the normal operation of the site shall be scheduled with the Engineer not less than
five calendar days in advance of that work. The Contractor shall employ an adequate work force
during said work and progress shall be to the satisfaction of the Engineer and Water Reclamation
District.The Engineer shall be kept informed regarding the progress of said construction and he shall
be promptly notified upon completion oft e work,
SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS (MINORITY,
WOMEN'S AND SMALL) PARTICIPATION
The Contractor agrees to comply with the requirements, goals, terms and conditions of the
Affi rmative Action Ordinance Revised Appendix D throughout the life of the Contract. The work
under this Contract is classified as "General and Heavy Construction" for the MBE, WEE, SBE
Utilization Goals contained in the Affirmative Action Ordinance Revised Appendix D The associated
goals are 20% Minority-owned Business Enterprises MBE, 1010 Women-owned Business
Enterprises WRE, and 10% Small Business Enterprises SBE.
1.)The bidder shall submit with the Proposal a signed and completed MBE,WBE,SBE Utilization
Plan which lists each business intended to be used as a MBE, WBE, SBE on pages UP-2,UP-3 and
UP-4 and supplementary pages as necessary. The Bidder must sign the Signature Section page
Failure to submit a signed MBE,WBE, SBE Utilization Plan will result in a bid being deemed
non-responsive and the bid will be rejected. Also,if a Waiver is sought,the Bidder is required to sign
AGREEMENT Contract 13-370-3F
A-17
pages UP-5 and UP-6, the Waiver Request Form; failure to do so will be viewed as non-responsive
and the bid will be rejected.
2.)Each Bidder must submit with their bid package an original or facsimile copy of MBE,WBE,
SBE Subcontractor's Letter of Intent, Page UP-7 for each subcontractor listed on their MBE,
WRE, SBE Utilization Plan.The submitted MBE,WBE, SBE Utilization Plan must be completed
and signed by the subcontractor and accompanied with a copy of the subcontractor's current Letter
of Certification from a state, local government or agency or documentation demonstrating that the
subcontractor is a MBE, WBE, or SBE within the meaning of the Affirmative Action Ordinance
Revised Appendix D. Failure to submit the MBE, WBE, SBE Utilization Plan signed by the
Bidder at the time of the bid opening and the MBE, WBE, SBE Subcontractor's Letter of Intent
signed by each MEE,WBE, SBE will be viewed as non-responsive and the bid will be rejected.
3.) If the Bidder exceeds the allowable Supplier Utilization amount is is stated in the bid
documents, the bid will be viewed as non-responsive. Therefore, the Bidder may not exceed the
use of a MBE, WBE, SBE supplier for more than 25% of each of the respective MBE, WBE, S
goal, unless the Director of Procurement and Materials Management has authorized a Supplier's
Exception notated on page A -1.
AFFIRMATIVE ACTION PROGRAM
The Contractor agrees that if this Proposal exceeds Ten Thousand Dollars ($10,000.00), he shall
comply with the requirements, terms and conditions of Appendix C of the Contract Documents in
reference to an Affirmative Action Program and shall satisfactorily maintain this program throughout
the life of the Contract.
The Contractor agrees to fulfill the Special Training Program Provisions for Apprentices as specified
in the Appendix K and to provide training opportunities throughout the life of the contract. The
requirements of the Special Provisions for Apprentices are 1,540 Minority and 540 Female hours for
the purpose oft is contract.
The Contractor agrees that in the event of failure to comply with all requirements listed above and in
APPENDIX C, the District may withhold 50 percent of the current progress payment due the
Contractor. The Contractor also agrees that following the withholding of 50 percent of the current
progress payment, no further progress payments will be made until the Contractor is in compliance
with the above requirements.
TIME
It is understood and agreed that the Contractor shall complete all of the or required under this
Contract, within 2,557 calendar days after approval of the Contractor's Bond. This timeframe shall
allow for two years of reservoir construction and three to five years of native landscape monitoring
and management, and stream restoration monitoring and management,respectively.
The Contractor expressly stipulates and agrees that the progress of the work will be verified by a
Critical Path Method (C PM) Schedule, acceptable tote Water Reclamation District as set forth in
Article 23 of the General Conditions.
Contract 13-370-3F AGREEMENT
A-18
No claims, damages, or impact costs shall accrue to the Contractor by the failure to achieve either
substantial completion or completion of all work prior t o t he time specified herein,irrespective of any
time(s) indicated on his short arc schedule for said completion(s).
All contract work including punch list items and final clean-up, inclusive of Natural Areas
Management,Monitoring and Reporting shall be completed within 2,557 calendar days after approval
of the Contractor's Bond, To prevent all disputes and litigation concerning the actual date of
completion, it is further agreed by and between the Water Reclamation District and the Contractor,
that the Engineer shall in all cases decide every question which may arise relative to the completion
of the work under this Contract and his decision shall be final and conclusive on both parties hereto
and such decisions,in case any questions may arise, shall be a condition precedent to the right of the
Contractor to receive any money or compensation,
LIQUIDATED DAMAGES
The Contractor agrees to pay the Water Reclamation District as liquidated damages, in accordance
with Article 24 of the General Conditions, the sum of One Thousand Dollars ($1,000,00) for each
calendar day that he is in default of the time specified above by failing to achieve substantial
completion, as defined in Section I of the General Specifications.
Further, upon achieving substantial completion, the Contractor agrees to pay to the Water
Reclamation District as liquidated damages,in accordance with Article 24 of the General Conditions,
the sum of Two Hundred Dollars ($200.00) for each calendar day that he is in default of the time
specified above by failing to complete the entire work, including all punch list items and final clean-
up, exclusive of Natural Areas Management, Monitoring, and Reporting.
The Contractor agrees to pay tote Water Reclamation District as liquidated damages,in accordance
with Article 24 of the General Conditions, the sum of Fifty Dollars ($50.00) for each calendar day
that he is in default of the time specified in Article 23 of the General Conditions for submission of a
responsive Monthly Work Plan, not to exceed Five Hundred Dollars ($500.00)per occurrence,
The Contractor agrees to pay tote Water Reclamation District as liquidated damages, in
accordance with Article 24 of the General Conditions, the sum of One Hundred Dollars ($100.00)
for each calendar day that he is in default of the time indicated forte submission of the "As-
Planned" (Rev. 0) Work Schedule and responsive quarterly revisions to the Work Schedule per
Article 23, not to exceed One Thousand Five Hundred Dollars ($1,500,00) per occurrence.
Submittals must be complete;no partial submittals will be reviewed. The Contractor agrees to pay
the Water Reclamation District as liquidated damages, the sum of One Hundred Twenty Five
Dollars ($125.00) for each man-hour of additional submittal review work incurred by the District
(including District's agent) beyond the maximum three (3) submittal reviews, Partial Contractor
submittals that are returned byte District un-reviewed shall count as one of the three (maximum)
review iterations. The determination, tally of incurred review man-hours, and assessment of
Liquidated Damages shall be made by the Engineer and communicated to the Contractor via file
letter correspondence.
The Contractor shall have thirty (30) calendar days after the date of the issuance of a file letter
advising the Contractor of the assessment of liquidated damages to object, in writing, to the
AGREEMENT Contract 13-370-3F
A-19
liquidated damages. The objection shall include all written documentation in support of the
Contractor's claim. Failure to file said written objection tote assessment of liquidated damages
within 30 days oft e notice shall be deemed agreement tote assessment and waiver of a right to
appeal.
ADDITIVITY OF LIQUIDATED DAMAGES
Each of the liquidated damages described above shall be considered independent and separate from
other liquidated damages and shall operate separately. The different classes of liquidated damages
are additive(except for punch list work) and therefore the total amount of damages to be paid by the
Contractor may exceed the limits established for any single class of liquidated damages.
MULTI-PROJECT LABOR AGREEMENT
The Contractor agrees to comply with the terms and conditions of the District's Multi-Project Labor
Agreement,which is a part oft e Contract.
ILLINOIS PREVAILING WAGE ACT
All Contractors/Subcontractors must comply with the Illinois Prevailing Wage Act (the Act), 820
ILCS 130. A list of prevailing wage rates at the time of project advertisement for Lake County,
as determined by the Illinois Department of Labor, is included in the Bidding Requirements. It is
the responsibility of the Contractor to obtain and comply with any revisions to the rates should
they change during the duration oft e Contract.
All laborers, mechanics and other workers employed or working under the Contract must be paid
not less than the appropriate wage rate and fringe benefits in the wage deterinination for the
classification of work actually performed. The District requires that any class of laborer,
mechanic or other worker not listed in the wage determination and which is employed under the
Contract, must be classified in conformance with the wage determination,
Additionally, all Contractors/Subcontractors must comply with Section 5 of the Act, as revised
January 1, 2014, which requires that all Contractors/Subcontractors participating in public works
for a public body keep certified payrolls, The Act requires that the Contractor/Subcontractor
maintain these certified payrolls as a business record fora minimum of five (5) years from the
date of last payment on the Contract.
With each invoice for payment the Contractor/Subcontractor must submit the following forms:
Certified Transcript of Payroll (ti mesheet); Certified Transcript of Payroll —Freedom of
Information Act(timesheet); Certified transcript of Payroll (affidavit, fringes, and
subcontractors); and Certification Form, These forms must be submitted for all laborers,
mechanics or other workers employed under the Contract. These forms are included on the last
five (5) pages of the Agreement of the Contract. All forms submitted must be completely filled
out, signed and certified as correct. These forms, with the exception of the Certified Transcript of
Payroll — Freedom of Information Act form, are the same forms that must be maintained for a
minimum of five (5) years from the date of last payment,pursuant to the revised statute.
Contract 13-370-3F AGREEMENT
A-20
CASH FLOW ESTIMATE SCHEDULE
With each invoice for payment, the Contractor shall submit an estimate of all future monthly
progress payment amounts anticipated for the duration of the contract. This estimate is a required
portion of all payment request submittals, and no payment request will be considered complete
without such an estimate. The Contractor's estimate will not be binding upon his or her actual
future progress payment request, but will be used solely by the District to estimate monthly
disbursements and cash flow requirements."
INSURANCE
The Contractor shall maintain and keep in force the insurance specified in Division I of the Detailed
Specifications.
PROGRESS ESTIMATES AND PAYMENT
Payment for the work to be performed under this Contract is to be made from the proceeds from
the capital improvements bonds or bond anticipation notes issued or to be issued by and from the
Construction Fund of the Water Reclamation District of Greater Chicago.
The Water Reclamation District agrees to make progress payment to the Contractor, in accordance
with Articles 32 and 33 of the General Conditions.
Final payment will be made in accordance with Article 35 of the General Conditions,
INDEMNIFICATION
The Contractor agrees to defend, indemnify and hold harmless the Water Reclamation District,its
Commissioners, officers, agents and employees from and against any and all action, suit, claims,
costs, settlements, debts, damages, liabilities, obligations, losses, judgements, demands and
expenses(including General Counsel fees on account thereof)of whatever kind or nature resulting
from the failure of the Contractor,its agents or employees to perform any of their obligations under
this agreement or from fraud, willful misconduct, negligent act, error or omission or intentional
disregard byte . This provision survives the termination of the Contract.
CHOICE OF LAWS
The parties agree that this Agreement (Contract), and any subsequent extensions, addenda or
modifications, is governed by, and construed in accordance with the laws of the State of Illinois in
all respects, including matters of construction, validity and performance. The parties further agree
that the proper venue to resolve any dispute which may arise out of this Agreement (Contract) is
t e a ppropriate Court of competent jurisdiction located in Cook County, Illinois.
AGREEMENT Contract 13-370-3F
A-21
COMPLIANCE WITH APPLICABLE LAWS, ORDINANCES AND REGULATIONS
All work to be performed by the Contractor's employees in fulfillment of this Agreement shall
comply with all applicable federal, state, and local laws. Further, all work is to be performed in
compliance with all applicable ordinances and regulations of the District unless a specific
exemption is provided, in writing, by the District. A violation of any applicable federal, state, or
local law or District ordinance or regulation by the Contractor may be deemed a material breach
of this contract at the sole discretion of the District,
The Contractor expressly agrees to execute any and all permits or bonds required by the State of
Illinois or by any other municipality, municipal corporation, or by any other agency on the same
date the Contractor's and of this Contract is executed or as soon as practicable thereafter,
SEVERABILITY
If any provision of this Contract is or becomes invalid or unenforceable in whole or in part because
the provision is contrary to law or against public policy or for any other reason, the provision will
be enforced to the extent that it is valid and enforceable. The validity and enforceability of the
remaining provisions of the contract is unaffected,
ENTIRE AGREEMENT
This Contract including any attachments,riders, and contract plans constitute the entire agreement
between the Contractor and Water Reclamation District with respect to the subject matter thereof,
and it supersedes any other agreement, oral or written, between the Contractor and the District.
PRICES
The Contractor agrees to accept, and the Water Reclamation District agrees to pay, in accordance
with Article 31 of the General Conditions, the following prices as full compensation for furnishing
all the labor, tools, materials and appurtenances necessary to complete all the work specified in this
Contract, also for all loss or damage arising out of the nature of the work or from the action of the
elements, or from any unforeseen obstructions or difficulties encountered in the prosecution of the
same; and for all risks of every description connected with the work; and for well and faithfully
completing the entire work, free of all claims, liens and charges whatsoever and in full compliance
with the specifications and the requirements of the Engineer, complete under them,to wit:
Contract 13-370-3F AGREEMENT
A-22
THE LUMP SUM PRICE:
COST PROPOSAL A:
For the construction of all work required to complete the entire project, other than public access
improvements (Cost Proposal B), allowance items (Cost Proposal Q and unit price items (Cost
Proposal D), as shown in the plans and specifications for the Lump Sum price of:
(Written in Words Amount)
Dollars
(Written in Words Amount)
and Cents
(Written in Words Amount) (Written in Figures Amount)
COST PROPOSAL B:
Construction of public access improvements, defined as:
• Temporary trail
• Demolition of existing bituminous and aggregate trail, including culverts and bridges
• Selective demolition directly related to trails and parking
• Disposal of demolition debris
• Trail and parking lot culverts and related drainage improvements
• Aggregate base for trails and parking lot
• Aggregate and HMA surface for trails and parking lot, including pavement markings
• All trail bridges and boardwalks
■ Site furnishings including cedar fence, benches, and stone wall
For the construction of all work required to complete public access improvements,a s s hown in the
plans and specifications for the Lump Sum price of:
(Written in Words Amount)
Dollars
(Written in Words Amount)
and Cents
(Written in Figures Amount)
AGREEMENT Contract 13-370-31'
A-23
ALLOWANCE ITEMS
COST PROPOSAL C:
Allowance Its for Construction or Demolition Debris& Soil that is contaminated.
The Contractor shall include an allowance amount in his bid for incremental costs for the removal,
handling and legal offsite disposal of any construction or demolition debris and surplus soil that is
considered contaminated (hazardous waste or non-hazardous special waste), See Specifications
Section 02 6113 for additional information.To be qualified for payment under this item, this work
will have to be performed during the contract period, and shall exclude the cost of abatement of
contaminated materials that is identified as part of the lump sum work, elsewhere in the contract
documents. Upon determining that a certain extent of the construction demolition debris and
surplus soil is contaminated, the Contractor shall estimate the scope of work and submit a written
scope forte additional work required, price proposal, and supporting documentation to the
District for review and approval. The written scope and price proposal shall include a detailed
description of the type and extent of additional work to be performed for the removal, handling
and legal offsite disposal of contaminated material, including a detailed cost breakdown showing
all material, labor and equipment costs. The Contractor shall also submit supporting
documentation,including test data,tow olly support his claim(s). The price proposal(a) shall be
in accordance with Articles 7 and 8 of the General Conditions oft e contract.
Costs of testing all material generated on the project to establish that it is clean or uncontaminated
shall be considered part of the lump sum price, and not part of this allowance its except as
follows. If, after initial testing, any material tests positive for contamination, the costs of any
additional testing that may be mandated to further categorize the material into various
classifications of contaminated or special wastes for handling,removal and disposal purposes,may
be considered for payment under this allowance item, by the District,
The District will review the report (s), price proposal (s), and supporting documentation to verify
the accuracy and completeness oft e information, and to verify that the price proposal (a) is (are)
fair and reasonable forte scope of work performed. During the performance of the work, the
District's Resident Engineer shall be kept appraised of the work schedule at all times, and the
Contractor shall maintain a daily record of time, material and equipment utilized to perform the
work, which shall be signed by the District's Resident Engineer, The cumulative price for the
work performed under this Allowance Item shall not exceed the amount indicated below for Cost
Proposal B. The actual cost of the work may be less or more than indicated, It is also possible
that this work may not be required, in which case the amount to be paid under this Allowance Its
shall be zero. Actual payments to be made to the Contractor shall be based solely on the amount
approved byte District. The District makes no guarantee that any work will be required under
this Allowance Item.
In the event that the actual price for additional work to be performed for the removal,handling and
legal offsite disposal of contaminated material exceeds the amount in this Allowance Item, the
Contractor agrees to provide the extra work required due to the presence of contaminated material
as change order work. In this case, a supplemental report (s), price proposal (s), and supporting
documentation shall be submitted to the District for review and approval, The Contractor shall
Contract 13-370-3F AGREEMENT
A-24
prepare the price proposal (s) in accordance with Articles 7 and 8 of the General Conditions oft e
Contract.
Furnish all labor, supervision, equipment, materials, and incidentals required for the incremental
work associated with the removal,handling and disposal of contaminated(hazardous waste or non-
hazardous special waste) material, as specified in the detail specification and as directed by the
Engineer, for an allowance amount not to exceed:
TWO HUNDRED FIFTY THOUSAND Dollars and ZERO Cents
(Written in Words Amount) (Written in Words Amount)
($ 250,000.00 ) (Dollar Value to be established based on project scope)
(Written in Figures Amount)
UNIT PRICE WORK
Unit price work shall be performed under Cost Proposal D.Unit price work reflects the work in place,
complete to the requirements oft e work shown and specified or as directed by the Engineer. Actual
payments to be made to the Contractor for unit price work shall be based solely on the product of the
fixed unit price and the actual quantity of work, as measured in the field, regardless if it is more or
less than its extension. If no unit price work is performed, then no payment shall be made fortis
item. The extension, made for bid evaluation purposes only, is based on an estimate, and is not a
guarantee of the actual amounts oft is work that may be required,
COST PROPOSAL D:
Over excavate reservoir bottom to a depth of two (2) feet in areas identified by the Engineer where
highly permeable materials, such as sand (s) and/or gravel(s), are discovered and construct a two (2)
foot thick liner consisting of compacted, dense, low permeability clay in same location. Excavated
permeable materials shall remain on site and shall be used to construct landforms west of Schaeffer
Road unless otherwise directed byte Engineer. Clay liner shall consist of material excavated on-site
and is subject to Engineer's review and approval.
Dollars and
(Written in Words Amount)
Cents per square yard of clay liner excavation and construction
(Written in Words Amount)
($ per square yard
(In Figures Amount)
Extension: 10,000 square yards X per square yard=$
In the event that the actual quantity required for unit price work exceeds the quantity listed, the
Contractor agrees to furnish and install additional quantities at the fixed unit price.
AGRUMENT Contract 13-370-3F
A-25
THE TOTAL BID PRICE
THE SUM OF THE COST PROPOSALS A THROUGH D EQUALS (The lump sum price of Cost
Proposal A plus the lump sum price of Cost Proposal B plus $250,000.00 for Cost Proposal C plus
the total extended price of Cost Proposal D):
(Written in Words Amount)
Dollars
(Written in Words Amount)
and Cents. (
(Written in Words Amount) (Written in Figures Amount)
In any event where there is a discrepancy between the"Written in Words"and"Written in Figures"
amount, the"Written in Words" amount shall govern.
INTENT OF THE CONTRACT DOCUMENTS
The specifications and plans are intended to be complementary and any work appearing upon the
plans and omitted in the specifications,or mentioned in the specifications and omitted upon the plans,
shall be executed according to the true intent and meaning of said specifications and plans, the same
as though the said work was contained in each.
In the event that any of the provisions of the Contract Documents conflict with one another, the
contract document hierarchy as listed in the Special Provisions shall govern.
AGREEMENT BINDING
This Agreement shall be binding upon the successors,heirs, legal representatives, administrators and
executors of the Contractor,
The undersigned agrees that this Agreement shall not be construed as,nor is it the intent of any of the
parties hereto, to give any benefits, rights,privileges, actions or remedies to any person, partnership
or corporation other than the Contractor and the Water Reclamation District, under a third party
beneficiary theory or otherwise,
TIME IS OFT ESSENCE
It is understood and agreed that TIME IS OF THE ESSENCE of this Contract, and the
CONTRACTOR agrees to make reasonable efforts to prosecute and complete the work within the
time limits specified, and in compliance with other requests that the District may reasonably make
excepting when occurrences of acts of God, strikes, insurrection and delays caused by others
extend those limits.
Contract 13-370-3F AGREEMENT
A-26
The Contractor agrees that no changes or claims for damages shall be made by him for any delays
or hindrances from any cause whatsoever during the progress of any portion of the services herein
specified.
CITIZENSHIP
Pursuant to Illinois statute, 70 IC S 2605111.15, no person shall be employed upon contracts for
work to be done by the District unless he/she is a citizen of the United States, a national of the
United States under Section 1401 of Title 8 oft e United States Code, an alien lawfully admitted
for permanent residence under Section 1101 of Title 8 of the United States Code, an individual
who has been granted asylum under Section 1158 of Title 8 of the United States Code, or an
individual who is otherwise legally authorized to work in the United States.
AGREEMENT Contract 13-370-3F
A-27
IN WITNESS WHEREOF,on the-day of 2017,the Metropolitan Water Reclamation
District of Greater Chicago,and the Contractor,have executed this Agreement,Contract No. 13-370-3F,in
triplicate,each by their duly authorized officers or representatives.
Metropolitan Water Reclamation District of Greater Chicago
Ry
Chairman of the Comn-fittee on Finance
Executive Director
Director of Procurement and Material Management
Attest:
Clerk of the District
Name of Company
By
President
(Print Name and Title)
Attest:
(Seal)
Secretary
*NOTE* If the contract is executed by other than the President and Secretary, a corporate resolution
muSt be attached in duplicate authorizing execution by the designated parties.
APPROVED AS TO ENGINEERING:
Assistant Director of Engineering
Director of Engineering
APPROVED AS TO FORM AND LEGALITY:
Assistant Attorney
General Counsel
Contract 13-370-3F AGRFFMFNT
A-28
INSTRUCTIONS FOR COMPLETING IDOL'S CERTIFIED TRANSCRIPT OF PAYROLL FORM-
THIS FORM MUST BE COMPLETED AND SUBMITTED FOR ALL WORK ON PROJECTS
COVERED BY THE PREVAILING WAGE ACT.
1 Complete all items contained on the form pertaining to the project.
3 Please note that pertinent information is required on the second sheet including the full legal and correct name of
the contractor/subcontractor as well as fringe benefit information where contributions are not made to a fringe
benefit fund that is jointly administered by one or more employers or one or more labor organizations in
accordance with the federal Labor Management Relations Act. It is IMPERATIVE that the AFFIDAVIT information
on page 2be completed in its ENTIRETY including SIGNATURE. The second sheet including affidavit must
accompany every certified transcript ofpayroll.
3 Please note that ALL hours worked during the week (Prevailing Wage"PW"and Non Prevailing Wage"N") have
tobmrecorded.
4 If contractor pays into a fringe benefit fund for such fringe benefits as health insurance, pension, 401(k), and/or
vacation fund, for which the contractor/subcontractor wants to take credit and the fund is jointly administered by
one or more employers or one or more labor organizations in accordance with the federal Labor Management
Relations Act, place the letter"F" behind the hourly rate. If contributions for fringe benefits for which you seek
credit are not paid to a fringe benefit fund that is jointly administered by one or more employers or one or more
labor organizations in accordance with the federal Labor Management Relations Act, then 1)the name and
address of the benefit fund, 2)the plan sponsor of each benefit if applicable, and 3)the plan administrator of each
benefit must be included on the certified transcript of payroll in the place indicated on page 2. -
5� If a contractor/subcontractor wants to take credit for contributions for fringe benefits and contributions are not
made on a per hour worked basis for all hours worked, then the contractor must convert the rate nf contribution to
an annualized per hour rate for purpose of reporting. The annualized rate is calculated by dividing the total
amount of contributions by the total hours worked (including all hours worked both prevailing and non prevailing
wage work) during the twelve month period ending with the month preceding the month in which the work was
performed for which the certified transcript of payroll is being completed. If employees make co-payments for
benefits, the oontnootor/suboontroctor'acontributions cannot include the employee co-pays in the calculation. The
only amount that may be included in the calculation of the contractor's contributions is the net amount(amount of
contractor contribution not including employee co-pays).
S. Credit for fringe benefits cannot exceed the sum of the hourly rate of all the fringe benefits set forth inthe
schedule for the appropriate classification and amounts in excess of the total cannot be used as an off-set to the
required amount tobe paid inwages.
7� Contributions for training may only he credited where the contributions are made to apprenticeship and training
programs approved by the U.S. Department of Labor, Bureau of Apprenticeship and Training. An apprentice rate
where applicable may only be paid for those persons in programs approved by the U.S. Department ofLabor,
Bureau of Apprenticeship and Training.
8, The items requested under the heading, "Contract Information", help to correctly identify the project. If a Contract
or Project Number is not known please do your best to secure the information. The information requested for
"pnoject^ and "Project Location"should always becompleted.
A No later than the 1Gmofeach calendar month following o month in which construction on the project has occurred,
a contractor/subcontractor must file a certified payroll with the public body in charge of the project.
iO, The contractor/subcontractor must maintain the original copies of all Prevailing Wage and Non-Prevailing Wage
time and payroll records required under the Prevailing Wage Act and which will verify the information contained in
this form for a period cf five years.
You are invited tm visit |D(]L'S web site at hItp.111abor iffinois, for more detailed information regarding application ofthe
Prevailing Wage Act.
PLEASE NOTE:THE SUBMISSION OF FALSIFIED CERTIFIED TRANSCRIPT OF PAYROLL IS A CRIMINAL OFFENSE.VvADDITION FILING A
FALSIFIED CERTIFIED PAYROLL CONSTITUTES A VIOLATION 0=THE PREVAILING WAGE ACrANDTHE SUBMISSION OF FALSE
RECORDS AnDIORrHE FAILURE TO MAINTAIN THE RECORDS REQUIRED UNDER THE ACT CAN ReSULT/mANOTICE OF VIOLATION AND
SUBSEQUENT DEBARMENT OmALL PUBLIC WORKS FOR uPERIOD OF UP TO FOUR YEARS.
A-29
State mmmmo�m��ntn*�auor ��er�fied ��ranscript ��f ��ayroll
-- ----- - - ----- ---- -
IDOL Case File Number: Payroll Start: Payroll End..
- -- --- -- - -- — - --- - -
Contractor and/or Subcontractor Public Body Information
(Company Name) (Contact Name) (Public Body Name) (Contact Narne)
(Contract Number)
(Street Address) (City) (Street Address) (City)
(Project Number)
(state) (Zioccols) (Telephone Number) --7R—ete) (Z i Fc-o-cle) (Telephone Number)
Report Hours for Each Day,Including Overtime Hours,List Hourly Prevailing Wage Rate undo Hourly Fringe Elemahts Allotments,
Worker Name,Address Hours worked each day Total Straight Total 6—TJ Hourly Wage OT -Per Pay Period
ele
Last Four of Rod&T phone Number SUN MON TUE WED THR FRI SAT Time Hours Hours Rate Gross Net
PiA
Labor Classification
Hourly Fringe Benefit: Pension: Health/Welfare: Vacation: Training:
PIA
Labor Classification
Hourly Fringe Benefit: Pension: Health/Welfare: Vacation: Training:
Labor Classification Hourly Fringe Benefit: Pension: Health/Welfare: Vacation: Training:
Please place an^r^u'the hourly rate for fringe benefits paid to a Fund jointly managed by one or more labor organizations or employers in accordance with the federal Labor
Management Relations Act(See instruction^for completing this mnn). In addition contractors/subcontractors who do not make contributions for covered firinge benefits to am"ow
benefit fund that is jointly managed and jointly governed by one or more labor organizations or employers in accordance with the federal Labor Management Relations Act must provide
the additional information set forth*nthe form on page 2(see Instruction 5).Contractors/subcontractors who do not make contributions for fringe benefits on a per hour basis for each
hour worked must convert such contributions to an annualized per hour basis for purpose of reporting on this form in accordance with instruction 5 You must keep original records
showing start and end time each day,
^I'M---Provo.Minn.mnumWorked 'w ,wo"Prevailing Hours Worked
|wouCmDo Page_w_
State of Illinois A-30 ,
Illinois Department of Labor
.��
Certified Transcript of Payroll
AFFIDAVIT FRINGES SUBCONTRACTORS
Attach explanation m Monies paid,copy nrcontract
Weekly Statement o/Compliance Health Fund u,billing,pr other pertinent information,
Health Address
Date: - -- -------- Company Name:
Health Sponsor - - Contact Person: --------------
L . xea|mAumm ------ -----
,'~^~~g~~'~~= (Address)--- - --------'
'om Pension Fund - ----7r��-- 7onm�- - lv3pcode)--
hereby state: that|pay vr supervise the payment Pension Address Ta�p�oxw mvmwar
o,mopa�ono employed onmepumicworks - - - -- -- -- - ---- -------
Pension Sponsor
project � --_-----------_--------
- (name ofproject) pmnsmn«amm '- - - -- Company Name:
that during the payroll period commencing onthe
Contact Person:
day of . . --- '- -- ------
w�(Wpvnu
7�r —��— ��
all persons employed on said project have been *n1(N Add rea _ (voo°*o)
paid the full weekly wages earned,that no 4o1(WSponsor -------7�� ---- -mo�r -7��3�--
�bo�shave been nrwmum made*u»nrm�wv «o�<W�umm ' Telephone Number:
vrinm���mvrnnuaoano,said ---------- - ---- '
- - (name or contractor or--
="='"°°"/ Vacation Fund Company Name:
from the full weekly wages earned my any person, -
and that npdeductions have been made either Vacation Address Contact Person:
___
directly m,indirectly from the full weekly wages Vacation Sponsor ' /wu
emmeuuvmnvpe�onu.otomrmanponmwuim|m -- - '------ -------- (Address)
deductions as defined hy Federal and/or State vacannnxumin
/mw- |further certify that this payroll imcorrect --------- '---- (City)- � ' Tm��- --lizipcode)
and complete; that the wage rates contained Telephone Number:
therein are not less than the actual rates herein
stated and that the classification set forth for each
|m*mm�or mechanic conmnn�m m
�wm »mm»e ��mp�mw�mm�'__
performed. Contact Person:
-----
Signature
Digital e|onemm U �1 Tm|mphonew"mmac __________
---------- -
|Lwo2cMo1
A-31
Certified Transcript of Payroll - Freedom of Information Act
IDOL Case File Numlver. Payroll Start: Payroll End-,
Contractor and/or Subcontractor Public Body Information
(Company Name) (Contact Name) (Public Body Name) (Contact Name)
__ctNurnber)
(Street Address) (city) I (Street Address) (City)
(Project Number)
,"State) _TZ,pcod e I (Telephone Number) (State) (Zliecode) (Telephone Number)
(Project Location)
Report Hours for Each Day, Including Overtime Hours, List Hourly Prevailing Wage Rate and Hourly Fringe Benefits Allotments,
_OTWage
Worker Name Flours worked each day SAT Total Straight Tota OT Hourly Wage Per Pay Period
SUN MOB TUE WED THR FTg Time Hours Hours Rate Rate Gross Net
roArl
N,
Labor Classification
Hourly Fringe Benefit: Pension: Health/Welfare- Vacation: Training:
N
Labor Classification
Hourly Fringe Benefit- Pension., Health/Welfare: Vacation:L J Training:
1P
w!
kl�
Labor Classification
Hourly Fringe Benefit: Pension: L___J Health/Welfare: Vacation'. Training-,
Please place an'17 by the hourly rate for fringe benefits paid to a Fund jointly managed by one or more labor organizations or employers in accordance with the federal Labor
Management Relations Act(See instruction 4 for completing this form). In addition contractors/subcoretractors who do not make contributions for covered fringe benefits to a fringe
benefit fund that is jointly managed and jointly governed by one or more labor organizations or employers in accordance with the federal Labor Management Relations Act must provide
the additional information set forth on the form on page 2(see Instruction 5),Contractors/subcontractors who do not make contributions for fringe benefits on a per hour basis for each
hour worked must convert such contributions to an annualized per hour basis for purpose of reporting on this form in accordance with instruction 5.You must keep anginal records
showing start and end time each day.
*vW -Prevailing Hours Worked *14 -Non Prevalling-Hours-Ifforked
Page -of
A-32
CERTIFICATION FORM
The undersigned as the duly authorized representative of
the (contractor/sub-contractor) under MWRD Contract No. and pursuant to the
Illinois Prevailing Wage Act, hereby submits the attached monthly certified payroll and certifies
that:
1. Such records are true and accurate:
2. The hourly rate paid to each worker is not less than the general prevailing rate of
hourly wages required by this Act; and
1 The contractor or subcontractor is aware that filing a certified payroll that he or she
knows to be false is a Class A misdemeanor.
Company
Name
By:
(Signature of Authorized Officer)
(Print Name of Officer)
(Title of Officer)
Address
Telephone f Fax
Rev 02-14
EXHIBIT
Insurance Requirements
SECTION 01 1105
INSURANCE
PART I 017NEPAI,
1.1 INSURANCE AND LIMITS
A. Provide insurance as specified below in accordance with Article 17 of the General
Conditions:
Line of Insurance Minimum Acceptable Limits of
Liability fay Grouping
1, Worker's Compensation Statutory
1 Employer's Liability
a. Each accident $5,000,000.00
b. Each employee-disease $5,000,000.00
C. Policy aggregate-disease $5,000,000.00
3. Commercial General Liability
a. Per occurrence $10,000,000.00
b. General aggregate-per project $10,000,000.00
C. Products/Completed Operations $10,000,000m
4. Business Auto Liability $5,000,000.00
5. Professional Errors &Omissions Not Required
6. Environmental Impairment Liability Not Required
7. Builder's is Per Article 17A- GC
Contract 13-370-3F 0 1 11 05- 1 INSURANCE
NOTE: THE CERTIFICATION SHALL CLEARLY STATE THAT THE "WATER
RECLAMATION DISTRICT, ITS COMMISSIONERS, OFFICERS, AGENTS, AND
EMPLOYEES" ARE ADDITIONAL INSURED UNDER COMMERCIAL GENERAL
LIABILITY INSURANCE, BUSINESS AUTO LIABILITY INSURANCE AND, IF
REQUIRED, ENVIRONMENTAL IMPAIRMENT INSURANCE, THE WATER
RECLAMATION DISTRICT SHALL BE THE NAMED INSURED ON THE BUILDER'S
RISK POLICY CERTIFICATE.
& If the Contractor chooses to utilize an Umbrella Policy to satisfy a portion of the above
requirements, only a maximum of$8,000,000.00 will be allowed for said policy,
C. The Contractor is to maintain and keep in force all insurance, as required, for the duration
of the Contract. The Contractor is to maintain Commercial General Liability Insurance for
a period of one year from the date of final acceptance.
D If the Certificates are used as proof of insurance, furnish all insurance policies within 30
days after commencing work.
E. It is strongly recommended that bidders investigate the cost of insurance before submitting
bids.
R IDENTIFY ALL INSURANCE SUBMITTALS BY THE CONTRACT NUMBER 13-370-
317.
PART2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
Contract 13-370-3F 011105-2 INSURANCE
EXHIBIT L-1
General Depiction of Maintenance Site
PI 11111
Notes. 17'
�r,Ar�,r
i. Piease refer iu Arlicle 9 of the _ Boardwalk#1 - '�` e l "'`
Intergovernmental Agreement for Dissipation Pool
�a• j�' Culvert 1'
details on ownership and __
Culvert 3 %
maintenance responsibilities for each
feature. �� Culvert 2 / 'j
Boardwalk#5 �l Principal 4II°
2. Boardwalk#7 and LCPPD Culverts / j w
#16-17 are located west of Schaeffer s IRCPSpillwayla
Road and are outside of the -
Maintenance Site. Principal Concrete Weir ;
Culvert 4 ,
Auxillary Spillway W.
_ Boardwalk#4 Emergency Spillway �'
Mowing Area c
v _
- = Culvert:
- `ilvert 9
q Gt W
p m
Q F =N
Y t9
W
E U 0
III CUiV81't t3 10 p J
w
. '.r• I 1. Culvertt 10 � � �
m
Culvert 14 - � � ^� � �
o w
Grade Control Structure Culvert 5 _ e
- Culvert 15 --�
Boardwalk#6 Boardwalk#3 culvert b r c
-- - - _- - - - - •-a+aii. s!,cet raumk,Fr-
t
EXHIBIT L-2
Shoreline Maintenance Delineation
CONTRACT 13-370-3F
i3 1 CR---< 'Ls=RVOR
SHORELINE MAINTENANCE DELINEATfON
IL
METROPOLITAN MATER RECLAMATION DISTRICT
OF GREATER CHICAGO
P i
JK
-6
1-1 x-
EXHIBIT
Exemption Tax e i i
TAX EXEMPTION CERTIFICATE AND AGREEMENT
The Lake County Forest Preserve District(the "LCFPD")and the Village of Buffalo Grove
(the "VILLAGE and collectively with the LCFPD the "RECIPIENTS") are executing this Tax
Exemption Certificate and Agreement ("Tax Agreement") to allow the Metropolitan Water
Reclamation District of Greater Chicago (the "A11WRDGC") to transfer to the RECIPIENTS
monies and Facilities financed with proceeds of tax-exempt bonds, This Tax Agreement covers
the facilities or property listed in Appendix D (the "Facilities"). Appendix D may be amendsd
from time to time ifadditional cash to acquire or improve such Facilities or Facilities themselves
are transferred.
To the extent that the MWRDGC owned or controlled the Facilities, the RECIPIENTS
and the MWRDGC have previously executed or wi I I execute documents transferring ownership or
control of the Facilities tote RECIPIENTS. The RECIPIENTS are aware that the MWRDGC
has limited resources and might be unable to fund or transfer the Facilities without this Tax
Agreement.
Section 1. Definitions and Appendices. Attached hereto are four Appendices, made a
part hereof. Appendix A contains certain covenants and representations that may or may not
impose burdens on the RECIPIENTS, Appendix B contains a glossary of definitions applicable
to the tax covenants, including Appendix A. Appendix C, if any, includes a description of certain
funds or accounts that, as descri bed in Appendix A, may be subject to investment restrictions or
rebate payments. Appendix D lists or describes the Facilities that are hereby made the subject of
restrictions described herein.
Section 2. Expectations. These certifications set forth various facts regarding the
transfers and establish the expectations of the RECIPIENTS as to future events regarding the
transfers and the use of Facilities transferred. These certifications also establish facts and
expectations related to any transferred Facilities, and any moneys of the RECIPIENTS or related
entities held in funds or accounts related to the Facilities (if any). The RECIPIENTS recognize
that the Facilities were or will be financed in whole or in part with obligations that are intended to
be tax-exempt. Certain certifications and covenants are presented here in summary form. Attached
hereto as Appendix A are further details explaining how to comply with these covenants.
Section 3. Purpose of Transfer. The Facilities listed in Appendix D have been or are
being transferred to the RECIPIENTS to allow the MWRDGC to better manage stormwater, The
RECIPIENTS,and not the MWRDGC,will control the operation and use of these Facilities except
for annual inspections, and except that MWRDGC may perform needed maintenance (at the
expense of the RECIPIENTS) if the RECIPIENTS do not.
Section 4. Cash Transfer. The MWRDGC may from time to time transfer cash, rather
than Facilities to a RECIPIENT. Such cash transfers will either be to reimburse (in whole or in
part)the RECIPIENTS for capital costs of Facilities for the control of stormwater within the area
A-1
served byte MWRDGC or to provide the funds to purchase or construct such Facilities. In either
case, the RECIPIENTS will add any such Facilities to Appendix D before such Facilities become
operational.
In the case of reimbursement, the RECIPIENTS will not accept such cash more than 18
months after the expenditure to be reimbursed. The RECIPIENTS also understands that the
MWRDGC will be unable to make such a transfer if the expenditure was made prior to November
6, 2014.
If any cash is transferred for capital expenditures not made by the RECIPIENTS on or prior
to the date of the transfer or involving a current outlay of cash for a capital expenditure the
RECIPIENTS will segregate such funds for investment and tracking purposes. Such funds will be
invested and disbursed only in accordance with Appendix A and any supplemental tax agreement.
In order to establish that cash transferred to the RECIPIENTS on a particular date is involves
a current outlay of the same amount of cash by the RECIPIENTS, the RECIPIENTS will either
confirm to the MWRDGC that it reasonably expects on the date of receipt of funds that it will
disburse all amounts to contractors or suppliers within five business days or it will acknowledge
increased investment tracking, computation and payment obligations related to such funds.
Section 5. Payments to AMRDGC, Security for A11WRDGC Debt. Unless the
RECIPIENTS execute a separate supplemental tax agreement indicating otherwise, the
RECIPIENTS will not provide any security for any debt of MWRDGC and the RECIPIENTS will
not make payments to MWRDGC that could be used by MWRDGC to pay or secure its debt. No
fees will be paid by the RECIPIENTS for use of the financed Facilities. No repayments will be
required. This section will not be read to limit future contractual arrangements including separate
tax covenants. If the RECIPENTS do not properly maintain the Facilities intended to perform a
stormwater benefit, the MWRDGC may perform maintenance eon such Facilities and charge
RECIPIENTS for such maintenance costs.
Section 6. Hedges. Neither the RECIPIENTS nor any member of the same Controlled
Group as the RECIPIENTS have entered into or expects to enter into any hedge (e.g., an interest
rate swap, interest rate cap, futures contract, forward contract or an option) with respect to any
debt of the MWRDGC.
Section 7. Internal Revenue Service Audits. The Internal Revenue Service has not
contacted the RECIPIENTS regarding any obligations issued by or on behalf of the RECIPIENTS
in connection with their star water systems and no such obligations are currently under
examination by the Internal Revenue Service.
Section 8. Records. The RECIPIENTS agree to keep and retain or cause to be kept and
retained adequate records with respect to the investment, expenditure and use of all amounts and
Facilities transferred by the MWRDGC to the RECIPIENTS and provide such records to the
MWRDGC on reasonable request. The RECIPIENTS further agree to maintain sufficient records
to demonstrate compliance with all of the covenants set forth herein. Such records will be
maintained at least until December 1, 2049, or such later date provided by the MWRDGC. If cash
is only transferred to the RECIPIENTS as reimbursement for prior expenditures or for current
A-2
outlay, records t o t hat effect will be sufficient investment and expenditure records. Records as to
the use of Facilities shall apply to of Facilities constructed or acquired by the MWRDGC and
transferred to the RECIPIENTS and also to Facilities constructed or acquired with moneys
provided by the MWRDGC.
Section 9. Investment Restrictions. Any money transferred by the MWRDGC to the
RECIPIENTS that is not immediately allocated to an expenditure, must be invested in investments
purchased at the market price, therefore, at all times to the greatest extent practicable, and no
amounts may be held as cash or be invested in zero yield investments other than obligations of the
United States of America purchased directly from the United States of America. In the event
moneys cannot be invested, other than as provided in this sentence due to the denomination, price
or availability of invest meats,the amounts shall be invested in an interest bearing deposit of a bank
with a yield not less than that paid to the general public or held uninvested tote minimum extent
necessary. Except as provided in Appendix A, all moneys transferred by the MWRDGC to the
RECIPIENTS shall be invested at a Yield not in excess of a Yield to be provided by the MWRDGC
(which may, be revised by notice tote RECIPIENTS). Appendix A contains further details
related to investment restrictions.
Section 10. Use Test. (a)No more than five percent of any of the Facilities will be used
by any entity, other than a state or local government unit, including as a result of(I) ownership,
(ii) actual or beneficial use pursuant to a lease or a management, service, incentive payment,
research or output contract or (iii) any other similar arrangement, agreement or understanding,
whether written or oral, except for use of the Facilities on the same basis as the general public.
Such prohibited use includes any formal or informal arrangement with any entity,other than a state
or local governmental unit that conveys special legal entitlements to any portion of the Facilities
that is available for use by the general public or that conveys to any entity, other than a state or
local governmental unit, any special economic benefit with respect to any portion of the Facilities
that is not available for use by the general public. Such prohibited use might arise pursuant to a
management contract, an output contract, or a contract to accept effluent from an entity. Such
prohibited use will be deemed to occur if the RECIPIENTS enter into any contract with a third
party (other than a state or local government) to manage stormwater process wastewater of the
this party for a fee that is not generally applicable to similar entities with no contract,
(b) None of the amounts transferred to the RECIPIENTS will be used, directly or
indirectly, to make or finance loans to any entity.
Section IL No Sale of the Project. Except as provided in Appendix A, none of the
Facilities is expected to be sold or otherwise disposed of prior to the earlier or(I) the last date of
the economic life of the property or(ii) December 1, 2044.
Section 12. Use Contracts. Except as provided herein,the RECIPIENTS will not enter
into any contract with any other person that provides special legal entitlements in any of the
Facilities. The RECIPIENTS will not allow another entity to manage, control, or operate any of
the Facilities. The RECIPIENTS will not contractually provide that any of the Facilities will be
used to manage stormwater of a specific non-governmental entity. The RECIPIENTS may enter
into a management contract or other contract concerning such property if it establishes that such
A-3
contract does not create private use in excess of use pennitted under Section 10 and it delivers to
the MWRDGC an opinion of and Counsel t o t hat effect with a copy oft e contract.
,Section 13. Cooperation. The RECIPIENTS will cooperate with the MWRDGC at the
expense of the RECIPIENTS in defending any examination of bonds of the MWRDGC that
financed any of the Facilities. Except to the extent that public safety concerns dictate otherwise,
the RECIPIENTS will allow site visits byte MWRDGC, its counsel,and personnel of the Internal
Revenue Service in response to an examination of such bonds.
Section 14. Annual Reporting. The RECIPIENTS will provide a report to the
MWRDGC at least annually. The report shall state whether the RECIPIENTS have over the
previous year complied with all of its covenants and shall enumerate any covenant violations, The
RECIPIENTS shall maintain adequate procedures and records to allow it to make and support
these annual reports. The RECIPIENTS shall also notify the MWRDGC within 60 days of
discovery of any covenant violations,
Section 15. Remediation and VCAP. The RECIPIENTS will work with the MWRDGC
to re mediate any violation ofthe RECIPIENTS (at the expense of the RECIPIENTS). If the
MWRDGC with the assistance of the RECIPIENTS is unable to remB ate the violation, the
RECIPIENTS, at the RECIPIENTS' expense, will cooperate with the MWRDGC on seeking a
voluntary closing agreement with the Internal Revenue Service.
Section 16. Future Events. The RECIPIENTS covenant that they will not take any
action, omit to take any action or permit the taking or omission of any action within its control
(including, without limitation, making or permitting any use of Facilities or money transferred to
it byte MWRDGQ if taking, permitting or omitting to take such action would violate this Tax
Exemption Certificate and Agreement. The RECIPIENTS agree that it will cooperate with the
MWRDGC in responding to any inquiries from the Internal Revenue Service in connection with
an examination of any of such debt.
If the RECIPIENTS have any questions regarding their responsibilities under these
covenants, it will contact the MWRDGC and request clarification or additional guidance.
By
Authorized Signature for the Lake County
Forest Preserve District
Dated: &Uyus, 6, 20 i 7
By (?)I kmJA %VOjAjSa
Authorized"-w)]g vi -\L-j'r c'far the V i 1 age of B u If a I a
Grove
Dated:-itlAueu,cf- 11 ,20
A-4
Appendix A
Appendix A, Section 1. Funds and Accounts. Listed in Appendix C are all of the funds or
accounts into is the RECIPIENTS may deposit cash transferred from the MWRDGC or
earnings derived there from, Also included is a brief but accurate description of each,
The RECIPIENTS acknowledge that any such fund or account or portion of such fund or
account (whether or not noted in Appendix C) is subject to rebate and investment restrictions
except for any portions meeting exceptions described herein.
Appendix A, Section 2. Project Moneys Received, The RECIPIENTS will hold all amounts
received from the MWRDGC not allocated to a capital expenditure paid by the RECIPIENTS prior
to receipt or within five business days of receipt in a segregated fund or account herein referred to
as the MWR-DGC Project Fund.
The MWRDGC Project Fund shall be invested in U.S. Treasury obligations (including SLGS), or
other investments pennitted in writing byte MWRDGC in a Notification tote RECIPIENTS.
The MWRDGC Project Fund will not be left-uninvested except for amounts under $10,000 or
amounts that are to be allocated to expenditure or investment within 5 business days.
Amounts will be withdrawn from the MWRDGC Project Fund only to the extent allocated to
capital expenditures for costs of the Project. Except as described above, investment earnings on
the MWRDGC Project Fund shall be retained in the MWRDGC Project Fund.
The RECIPIENTS shall provide the MWR-DGC with the balance of the MWRDGC Project and
on each date that the MWRDGC provides funds to the RECIPIENTS and on such other dates
provided byte MWRDGC in a Notification tote RECIPIENTS. If any amounts or investments
remain in the MWRDGC Project Fund after a date provided by the MWRI)GC in a Notification
to the RECIPIENTS then the RECIPIENTS will invest and disburse such amounts only in
accordance with instructions provided in a supplemental Tax Agreement or in a Notification by
the MWRDGC to the RECIPIENTS,
On the dates provided by the MWRDGC in a Notification tote RECIPIENTS, the
RECIPIENTS will provide rebate and yield reduction payment computations tote bdWRDGC
based on yields provided by the MWRDGC in Notifications. If any computations show amounts
owed on such investments,the RECIPIENTS shall promptly pay such amounts to the MWRDGC.
Appendix A, Section 3. Market Price Investment Restrictions. The RECIPIENTS will not
invest any of the amounts received from the MWRDGC in any investment that has specifically
negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate,or any
agreement to supply investments on two or more future dates(including any guaranteed investment
contract, forward supply contract, repurchase agreement, or any similar agreement) unless it
awards such investment contract pursuant to competitive bidding in a manner approved by the
MWRDGC and its counsel.
A-5
The RECIPIENTS may until a date provided by the MWRDGC in a Notification to the
RECIPIENTS invest such amounts in certificates of deposit of banks or savings and loan
associations that have a fixed interest rate, fixed payment schedules and substantial penalties for
early withdrawal only if the yield on the certificate of deposit (A) is not less than the yield on
reasonably comparable direct obligations of the United States of America and (B) is not less than
the highest yield that is published or posted byte provider to be currently available from the
provider on reasonably comparable certificates ot'deposit offered to the public.
Appendix A, Section 4. I,`ederal Guarantees. Except for investments meeting the
requirements of Appendix A,or prior to December 31,2017, investments of moneys received from
the MyVRDGC shall not be made in (a) investments constituting obligations of or guaranteed,
directly or indirectly, by the United States of America (except obligations of'the United States
Treasury or investments in obligations issued pursuant to Section 21 B(d)(3) of the Federal Home
Loan Bank Act, as amended (e.g., Refcorp Strips)), or (b) 1ederally insured deposits or accounts
(as defined in Section 149(b)(4)(B) of the Code). No portion of the moneys received from the
MWR-DGC has been or will be used to make loans the payment of principal or interest with respect
to which is or will be guaranteed (in whole or in part) byte United States of America (or any
agency or instrumentality thereof). A federal guarantee does not include any guarantee by the
Federal Housing Administration, the Federal National Mortgage Association, the Federal Home
Loan Mortgage Corporation, the Government National Mortgage Association, the Student Loan
Marketing Association or the Bonneville Power Administration pursuant to the Northwest Power
Act (16 U.S.C. 839d) as in effect on the date of enactment of the Tax Reform Act of 1984,
Appendix A, Section S. Rebate. Amounts received from the MWRDGC except as noted
herein are subject to the Rebate requirement. The RECIPIENTS are responsible for calculating
the amount of rebate if any due on such funds or accounts including those listed in Appendix C.
Such rebate calculations shall be based on bond yields equal to yields provided from time to time
by the MWRDGC. Such rebate computations shall be based upon a bond year ending on dates
provided byte MWRDGC, and installment computation dates provided byte MWRDGC, and
such other dates as may be provided by the MWRDGC from time to time. Such computations
shall ignore "rebate credits" and shall not reflect any hold back amount permitted under the
regulations. For example,the rebate amount shall be 100%on each computation date,not reduced
to 90% as might be permitted under regulations. The RECIPIENTS shall pay to the MWRDGC
t e a mount of rebate due with respect to each such account no later than 50 days after each
installment computation date,
Appendix A, Section 6. Records. The RECIPIENTS shall retain records relating to each
computation performed and all other investment records of amounts identified in Appendix A,
Sections I and 2.
Such records shall include: (a) purchase price; (b)purchase date; (c)type of investment;
(d) accrued interest paid; (a) interest rate; H)principal amount; (g) maturity date; (h) interest
payment date; (i) date of liquidation; and 0) receipt upon liquidation. If any investment becomes
allocable t o o ne of the funds or accounts described in Section 7 of the Tax Covenants on a date
other than the date such investment is purchased, the records required to be kept shall include the
fair market value of such investment on the date it becomes so allocated. Amounts or investments
A-6
will be segregated whenever necessary to maintain these records, Upon request of the MWRDGC,
such records will be provided to the MWRDGC.
Appendix A, Section 7. Sale of the Project. The RECIPIENTS shall not sell or otherwise
dispose of portion of the Facilities identified on Appendix D without prior written approval of the
MWRDGC or as specifically allowed as described below:
(a) Other than as provided in the next sentence, no Facility identified on Appendix D nor
any portion thereof has been, is expected to be, or will be sold or otherwise disposed of, in whole
or in part, prior to the earlier of(i)the last date of the reasonably expected economic life t o t he
RECIPIENTS of the property or (ii) December 1, 2044. The RECIPIENTS may dispose of
personal property in the ordinary course of an established government program prior t o t he earlier
of(i) the last date of the reasonably expected economic life to the RECIPIENTS of the property
or(ii)December 1, 2044, provided: (A)the reasonably expected period of use of that property for
governmental purposes is not less than twenty (20) years; (B)the RECIPIENTS reasonably
expects on receipt of the property that the fair market value of that property on the date of
disposition will be not greater than 25 percent of its cost; (C) the property is no longer suitable for
its governmental purposes on the date of disposition; and (D)the RECIPIENTS deposits amounts
received from the disposition in a commingled fund with substantial tax or other governmental
revenues and the RECIPIENTS reasonably expect to spend the amounts on governmental
programs within six months from the date of the commingling.
(b) The RECIPIENTS acknowledge that if property identified on Appendix D is sold or
otherwise disposed of in a manner contrary to (a) above, such sale or disposition may constitute a
"deliberate action" within the meaning of the Regulations that may require remedial actions to
prevent bonds financing the Cost Share from becoming private activity bonds. The RECIPIENTS
shall promptly contact the MWRDGC if a sale or other disposition of property identified on
Appendix D is considered by the RECIPIENTS.
Appendix A, Section 8. Maintenance cif Tax Exemption. The RECIPIENTS recognize that
investors in tax exempt bonds are relying on these covenants, and will contact the MWRDGC if
the RECIPIENTS deten-nine that it may have violated any covenant or if it is unsure of any action
required of it. The NDVRDGC may under such circumstances provide the RECIPIENTS with
additional instructions.
These tax covenants may be supplemented or amended byte RECIPIENTS and the
MWRDGC, and covenants contained herein need not be observed if such supplementation,
amendment, or non-observance will not adversely affect the tax status of any bonds of the
MWRDGC intended to be tax exempt,and the RECIPIENTS obtain and deliver to the MWRDGC
an opinion of on Counsel addressed to the MWRDGC to that effect.
A-7
APPENDIX B
GLOSSARY
"Bona Fide Debt Service Fund"means any fund or account(i) established and maintained
primarily for the proper matching of revenues and debt service within a bond year and which is
depleted at least once every year to an amount not in excess of a reasonably carryover amount not
to exceed the greater o['earnings on investments in such fund or account during the preceding bond
year, or (if) 1112th ol'the principal and interest payments made from such fund for the preceding
year.
"Bond Counsel" means any nationally recognized firm of attorneys experienced in the
field of municipal bonds whose opinions are generally accepted by purchasers of municipal bonds.
"Commingled Fund" means any fund or account containing of Gross Proceeds and an
amount in excess of$25,000 that are not Gross Proceeds if the amounts in the fund or account are
invested and accounted for, collectively, without regard to the source of funds deposited in the
fund or account. An open-ended regulated investment company under Section 851 of the Code is
not a Commingled Fund,
"Control" means the possession, directly or indirectly through others, of' either of the
following discretionary and non-ministerial rights or powers over another entity:
(a) to approve and to remove without cause a controlling portion of the
governing body of a Controlled Entity; or
(b) to require the use of funds or assets of a Controlled Entity for any purpose.
"Controlled Group" means a group of`entities directly or indirectly subject to Control by
the same entity or group of entities, including the entity that has Control of the other entities.
"External Commingled Fund" means a Commingled Fund in which the Issuer and all
members of the same Controlled Group as the Issuer own, in the aggregate, not more than ten
percent of the beneficial interests,
"Properties means the properties and/or facilities identified on Appendix D.
"MWRDGC means the Metropolitan Water Reclamation District of Greater Chicago.
"Non-AAff Tax-Exempt Investments" (I) any obligation described in Section 103(a) of the
Internal Revenue Code of 1986 (the "Code"), the interest on which is excludable from gross
income of any owner thereof for federal income tax purposes and is not an item of tax preference
for purposes of the alternative minimum tax imposed by Section 55 of the Code; (if) an interest in
a regulated investment company to the extent that at least ninety-five percent of the income to the
holder of the interest is interest that is excludable from gross income under Section 103 of the
Code of any owner thereof for federal income tax purposes and is not an item of tax preference for
B-1
APPENDIX C
FUNDS OR AccoUNTS CONTAINING MONEY TRANSFERRED
1110M NiWRDC-CT0TllIE RL",Al'!ENTvS
MWRDGC Project Fund [NOT EXPECTED TO BE FUNDED]
C-1
APPENDJx D
FACILITIES SUBJECT TO USE RESTRICTIONS
THE LC FPD WILL OWN:
I. 7 boardwalks
2. 30 parking space parking lot expansion
3. West unnamed tributary stream restoration
4. Buffalo Creek Main to stream restoration
5. Two pedestrian overlooks
6.
1,132 square yards of asphalt trail
7. 10,435 square yards of aggregate trail
8. 251 linear feet of cedar rail fence
9. 17 culverts
10 220 square yards o F ri 1)i-ap
It. 700 ']'roes of 1.25" caliper
12. 150 trees and shrubs balled and burl aped and that have a minimum height of five feet
13. 2 shrubs that have a minimum height of 24" and are grown in 5-gallon pots
14. Worland and prairie seeding and plant plugs
C-1
FORM OF NOTIFICATION OF KEY DATES AND NUMBERS
For purposes of compliance with the Tax Exemption Certificate and Agreement executed
on 1 201_by the Lake County Forest Preserve District(the "LC D"),the
Village of Buffalo Grove (the "Village") and the Metropolitan Water Reclamation District of
Greater Chicago (the "MWRDGC") the MWRDGC hereby notifies the VILLAGE of the
following dates and values:
Tax Agreement Section 4. Earliest Expenditure Date: 11/06/2014
Tax Agreement Section 8. Record Maintenance Date: 12/01/2049
(This is 5 years after the final maturity date of the financing bonds.) This date may be
revised further.
Tax Agreement Section 11. Sale of Facilities Date: 12/01/2044
(This is the final maturity date of bonds financing the Facilities.)
Appendix A Section 2. Rebate Yield(s): 2.73%
Restriction Yield(s): 2.73%
Rebate Computation Date: 12/31/2017
Appendix A Section 3. Investment Restriction Date: 12/31/2017
Appendix A Section 4. Investment Restriction Date: 12/31/2017
Dates used for Section 3 and Section 4 are both 3 years after the earliest issuance of bonds
financing the Facilities
Appendix A Section 5. and Yield: 2.7%.
Appendix A Section 7, Earliest Sale date of any financed property 12/01/2044:
Appendix A Section 7. Minimum Useful Life 20 years:
This is the number that when multiplied by 120%equals the weighted average maturity of
bonds financing the Facilities.
(Form to be utilized for projects funded by District and Sale.)
ACKNOWLEDGEMENT OF RECEIPT OF FUNDS
I he Lake County Forest Preserve District (Lile provides this receipt tot'
received by the LCFPD on
This amount is allocable t o t he following post, current or future expenditures check one:
Check One
Party Date Paid
Paid or or
to be Expected Future
No. Amount Paid to be Paid Past Current Future Amount
$
2.
3.
4.
5.
Total $ $
The expenditures described above may exceed (but not be less than) the amount received
by the LCFPD.
The LCFPD will of the sum of future expenditures in the NlW`RDGC Project Account to
be invested and tracked as described in the Tax Agreement,
The LCFPD confirms that all such expenditures are forte Project and that they are not
being permanently financed from any other source.
LAKE COUNTY FOREST PRESERVE DISTRICT
By
Its-
ACKNOWLEDGEMENT OF RECEIPT OF FUNDS
The Village of Buffalo Grove (the "Village") provides this receipt for
$ received by the Village on
This amount is allocable to the following post, current or future expenditures check one:
Check One
Party
to Paid
Paid or or
to be Expected Future
No. Amount Paid to be Paid Past Current Future Amount
2.
3.
4.
5.
Total $ $
The expenditures described above may exceed (but not be less than) the amount received
by the Village.
The Village will of the sum of future expenditures in the MWRDGC Project Account to
be invested and tracked as described in the Tax Agreement.
The Village confirms that all such expenditures are for the Project and that they are not
being permanently financed from any other source.
VILLAGE OF BUFFALO GROVE
By
Its: