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CITY COUNCIL 2017/01/17 AgendaTHE CITY OF LAKE FOREST CITY COUNCIL AGENDA Tuesday, January 17, 2017 at SPECIAL START TIME OF 6:00 PM City Hall Council Chambers Honorable Mayor, Donald Schoenheider Catherine Waldeck, Alderman First Ward Stanford Tack, Alderman Third Ward Prudence R. Beidler, Alderman First Ward Jack Reisenberg, Alderman Third Ward George Pandaleon, Alderman Second Ward Michelle Moreno, Alderman Fourth Ward Timothy Newman, Alderman Second Ward Raymond Buschmann, Alderman Fourth Ward EXECUTIVE SESSION pursuant to 5ILCS 120/2 (c), (6), The City Council will be discussing the consideration for the sale or lease of property owned by the Public Body. Adjournment into executive session RECONVENE INTO REGULAR SESSION (Finance Committee Meeting) approximately 6:30pm CALL TO ORDER AND ROLL CALL Immediately Following the Finance Committee meeting PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 1. COMMENTS BY MAYOR A. Mayor Schoenheider administers the Oath of Office to: - Fourth Ward Alderman-Appointed - - Raymond Buschmann B. Swear in Kevin Cronin as Deputy Fire Chief C. Swear in Matthew Penar as Battalion Chief D. Swear in Andy Rick as Lieutenant E. Swear in Police Officer Daniel Blaul F. Swear in Police Officer Acilja Golec 2. COMMENTS BY CITY MANAGER 3. COMMENTS BY COUNCIL MEMBERS PUBLIC WORKS 1 Tuesday, January 17, 2017 City Council Agenda 1.2017 APWA Award Program- Forest Park Improvement Project -Chairman Catherine Waldeck, Public Works Committee 2.Consideration of Post-Public Hearing Action relating to the Proposed Winwood Special Service Area. PRESENTED BY: Catherine Waldeck, Chairman Public Works Committee STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) On December 5, 2016, the City Council commenced and concluded a public hearing regarding the proposed Winwood Special Service Area. Under the Special Service Area Tax Law, 35 ILCS 200/27-5 et seq., the City Council is granted certain rights to modify the proposed special service area during the meeting following the conclusion of the public hearing, which is the January 17, 2017 Council meeting. This item is a placeholder for the City Council in the event it seeks to modify matters relating to the Winwood Special Service Area. Information and a potential Resolution for consideration are included on page 22, for City Council Tuesday evening. 3.Consideration of an Ordinance Amending The City of Lake Forest Code, Section 150.384, “Sewage and Sewage Disposal” (Waive First Reading and Grant Final Approval) PRESENTED BY: Catherine Waldeck, Chairman Public Works Committee STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Over recent months, staff and the Public Works Committee have been discussing the City Code as it relates to the requirement for properties with septic systems to connect to the City’s sanitary sewer. Although the vast majority of properties in the City are connected to the public sewer system, there are still a number of properties that are still using on-site septic systems for their waste water disposal. As part of the on-going discussion, and in response to the fact that a very limited number of properties may have unique situations which make connection to the sewer a hardship, the Public Works Committee is recommending a process that would allow the City Council to consider an exemption on an individual basis. The exemption process would allow property owners who believe their property meets specific criteria, to request an exemption due to unique or otherwise compelling circumstances. If the exemption is granted, the property owner would not be required to connect to the public sewer system and would be permitted to continue to use an on-site septic system. However as proposed, the exemption would not be transferable. Any future property owner would need to follow the same process and apply for an exemption. The proposed amendment showing the recommended changes to the Code, is included on page 25 of the agenda packet for review and consideration by the City Council. PROJECT REVIEW/RECOMMENDATIONS: 2 Tuesday, January 17, 2017 City Council Agenda Reviewed Date Comments Public Works Committee 1/4/17 Reviewed and Approved Public Works Committee 12/5/16 Reviewed BACKGROUND/DISCUSSION: The goal of providing public sanitary sewer throughout the community has been a policy of the City for decades. Chapter 150 of the City Code requires both residential and non-residential properties to connect to the City’s sanitary sewer when the property is located within 500 feet (residential) or 1,000 feet (non-residential) of an existing sanitary sewer. Furthermore, the code requires that the connections be made within six months of the availability of the sewer. Since March 2015, the Public Works Committee has been discussing how to provide sanitary sewer to the remaining neighborhoods and individual properties that are still served by onsite septic systems. The Committee recognized that providing sanitary sewers in these areas will provide development opportunities in some cases, improve property values, and benefit the long term public health and welfare of the larger community. Sanitary sewers were recently installed in the Regency Lane neighborhood and in the Knollwood Subdivision through the establishment of a Special Service Area (“SSA”). The City is currently proposing a SSA to support the installation of sanitary sewers in the Winwood Drive neighborhood, the only remaining subdivision without sewers. During a meeting on January 4, 2017, the Committee affirmed its position that remaining neighborhoods and individual properties that are not yet connected to public sewer, should be and directed staff to enforce the City Code. Enforcing the Code means requiring residential properties located within 500 feet of an existing sanitary sewer to connect within the established time frames. Pursuant to this direction, and subject to City Council action tonight, a letter will be drafted which will be sent to owners of properties within 500 feet of the sanitary sewer in the coming month, informing them of the requirement to discontinue use of on-site septic systems and connect to the sanitary sewer. There are approximately 15 to 23 properties who will receive such a letter depending on the disposition of the Winwood SSA matter. This past November, the City received a letter from a property owner on Winwood Drive requesting an exemption from the requirement to connect to the proposed sanitary sewer. Currently, the Code does not offer a process by which an exemption can be requested. Recognizing that additional properties may have unique circumstances that may warrant consideration of an exemption, City staff prepared amendments to the Code to provide an exemption request process. The amendments were reviewed and approved by the Public Works Committee. The criteria for an exemption focus on unique conditions or circumstances that may constitute a hardship for a particular property in complying with the Code. BUDGET/FISCAL IMPACT: As was previously noted, any granted exemption would not be transferable. Future property owner(s) would need to follow the same process and apply for an exemption. In circumstances where a new sanitary sewer is proposed pursuant to a SSA, and an exemption petition by a property in the SSA Area has been denied, the property owner would be required to connect to the sewer and reimburse the City for its share of the project pursuant to the terms and conditions set forth in the establishing Ordinance for the SSA. 3 Tuesday, January 17, 2017 City Council Agenda COUNCIL ACTION: Approval an ordinance amending The City of Lake Forest Code, Section 150.384, “Sewage and Sewage Disposal” (waive first reading, and grant final approval) 4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS 5. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the December 5, 2016 City Council Meeting Minutes A copy of the minutes can be found on page 37. COUNCIL ACTION: Approval of the Minutes 2. Approval of Check Register for Period November 26-December 22, 2016 Fund Invoice Payroll Total General 557,254 1,171,268 1,728,522 Water & Sewer 87,889 138,908 226,796 Parks & Recreation 111,741 300,520 412,261 Capital Improvements 341,941 0 341,941 Motor Fuel Tax 0 0 0 Cemetery 23,697 25,077 48,775 Senior Resources 14,595 18,809 33,404 Deerpath Golf Course 18,123 1,261 19,384 Fleet 83,748 45,239 128,987 Debt Funds 10,397,341 0 10,397,341 Housing Trust 0 0 0 Park & Public Land 0 0 0 All other Funds 1,214,245 158,445 1,372,689 $12,850,573 $1,859,527 $14,710,100 3. Approval and Ratification of an Intergovernmental Agreement with the Illinois Department of Public Health for the City of Lake Forests portion of the Death Certificate Surcharge Fund. STAFF CONTACT: Margaret Boyer, City Clerk 847.810.3674 PURPOSE AND ACTION REQUESTED: City Staff is seeking approval and ratification of a previously executed Intergovernmental Agreement with the Illinois Department of Public Health for the City of Lake Forest’s portion of the Death Certificate Surcharge Fund. BACKGROUND/DISCUSSION: The City of Lake Forest serves in the role of Local Registrar for Lake Forest, Lake Bluff and the North Chicago VA. The Local Registrar processes Birth 4 Tuesday, January 17, 2017 City Council Agenda Certificates, Death Certificates and Fetal Death Certificates. Each Local Registrar is required to keep track of the number of certified death copies issued by its office, and subsequently pays a fee to the Illinois Department of Public Health, Division of Vital Records. The money is deposited into the Death Certificate Surcharge Fund. Subject to appropriation, twenty-five percent of the monies in the Death Surcharge Fund received may be used for expenses that support death registration, such as contractual costs, commodities/supplies, printing and/or equipment. In the past, the City’s portion of the fund was distributed only after the City completed the Illinois Department of Public Health (IDPH) grant application. In November 2016, the Illinois Department of Public Health recognized that the grant application process was not an appropriate fit for the distribution of funds and has developed a 5-year intergovernmental agreement allowing for a more efficient and timely distribution of funds. The Illinois Department of Public Health will distribute FY15 and FY16 funds in FY17 and FY18 under this agreement, in subsequent years, Illinois Department of Public Health will annually distribute funds collected from the previous fiscal year. A copy of the executed agreement can be found beginning on page 45. BUDGET/FISCAL IMPACT: The Illinois Department of Public Health has distributed an average of $1,794.00 as the City of Lake Forests portion of the Death Certificate Surcharge Fund in previous fiscal years. COUNCIL ACTION: Approval and Ratification of an Intergovernmental Agreement with the Illinois Department of Public Health for the City of Lake Forests portion of the Death Certificate Surcharge Fund 4. Approval to extend the City’s Office Supplies Contract STAFF CONTACT: Diane Hall, Assistant Director of Finance (847-810-3614) PURPOSE AND ACTION REQUESTED: Staff recommends City Council authorization to extend the current contract with Warehouse Direct for City office supply purchases pursuant to an extension granted by the Suburban Purchasing Cooperative of the Northwest Municipal Conference. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments City Council 9/6/13 Awarded contract for office supplies to Warehouse Direct. City Council 2/6/16 Approved extension through 12/31/16 consistent with the SPC extension. BACKGROUND/DISCUSSION: In September 2013, the City Council approved a contract with Warehouse Direct for City office supply purchases. This contract was approved pursuant to a contract awarded by the Suburban Purchasing Cooperative (SPC) of the Northwest 5 Tuesday, January 17, 2017 City Council Agenda Municipal Conference. The SPC extended its contract through February 28, 2018. As an active SPC participant, staff is seeking authorization to extend the contract through February 28, 2018 consistent with the SPC. The SPC announcement can be found beginning on page 48. This joint purchasing initiative allows the City to benefit from competitive bid and discounted pricing without having to designate Warehouse Direct as an exclusive provider. Should departments find more advantageous savings through another source for a particular item, they may purchase from other suppliers. BUDGET/FISCAL IMPACT: Office supplies are paid directly from department operating budgets and this action has no immediate fiscal impact. Office supply costs are included within individual operating budgets. The estimated total purchases for FY2017 is $63,000. COUNCIL ACTION: Staff recommends City Council approval to extend the existing contract for office supplies with Warehouse Direct through February 28, 2018, with the option for additional extension as determined by the Suburban Purchasing Cooperative of the Northwest Municipal Conference. 5. Approval of the Closure of the Route 60 Bridge Improvements Fund (Fund 314) and the Route 60 Intersection Improvements Fund (Fund 315), Refund of Excess Deposits to Project Participants, and Transfer of Remaining Monies to the Capital Improvements Fund STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612) PURPOSE AND ACTION REQUESTED: Staff requests City Council approval of the closure of Funds 314 and 315 created to account for monies set aside for Route 60 Bridge Improvements and Route 60 Intersection Improvements, refund of excess deposits to participating agencies, and transfer of remaining monies (interest earnings in Fund 314) to the Capital Improvements Fund. BACKGROUND/DISCUSSION: Preliminary Engineering – Bridge Improvements (Fund 314) In support of preliminary engineering for the widening of the Route 60 Bridge over I-94, a number of agreements were executed in 2003. These included an intergovernmental agreement (IGA) for the local agencies share and a cost share agreement between the City and Conway Park Owner’s Association (CPOA). In May 2003, the City executed an IDOT funding commitment letter (dated 4/29/03) acknowledging that the City would reimburse IDOT 100% of the estimated Phase 1 engineering costs of $900,000. In December 2016, IDOT billed the City for the costs associated with this project and the 2003 funding commitment in the amount of $841,980.79. Pursuant to the agreements executed in 2003, the City has held funds contributed for this project. Mettawa and the City of Lake Forest elected to defer payment of their obligations until the actual costs were incurred. The agreements pertaining to this project do not call for interest to accrue. With payment having been made to IDOT, this project fund may now be closed and refunds made to participants as follows: 6 Tuesday, January 17, 2017 City Council Agenda Route 60 Intersection Improvements (Fund 315) In 2003, the CPOA concluded that installation of a continuous right turn lane from Route 60 to north bound I-94 from Field Drive, as well as improvements at the intersection of Route 60 and Field Drive and Saunders Road, were necessary for efficient access to and from Conway Park. Initially, IDOT agreed to fund 100% of the costs of installation of the right turn lane and 50% of the cost of the intersection improvements. In 2003, the City and CPOA executed an agreement whereby CPOA contributed $500,000 (40% plus contingency) to fund its share of the costs not paid by IDOT. In 2005, the City and OPUS North Corporation executed an agreement related to the Route 60 and Saunders Road Intersection improvements. Exhibit G to this agreement provides the Engineers Opinion of Probable Roadway Cost and designates the portion attributable to IDOT, with the remaining costs shared by OPUS (65%) and CPOA (35%). Both agreements note that if grants are obtained, CPOA and OPUS are to receive a proportionate share of the grants applied toward their commitments and any repayments of funds pre-paid are to be made with interest. The City was successful in obtaining grant funding of a considerable portion of these costs. Out of pocket costs, net of grant funding received, has totaled $372,119.29. The City has been unable to obtain written confirmation of project closeout from IDOT. Should funds remaining on deposit with the City be refunded, out of pocket costs would be allocated and netted against pre-paid funds. Estimates as of December 31, 2016 are that CPOA is due an additional refund of $34,718.81 ($375,000 has already been refunded to CPOA) and OPUS is due a refund of $375,659.05. BUDGET/FISCAL IMPACT: Refunds due project participants as outlined above are budgeted in Funds 314 and 315 for Fiscal Year 2017. Upon closeout of these funds, the net monies remaining ($149,031.49 in Fund 314 and $-7,809.37 in Fund 315) will be transferred to the Capital Improvements Fund. COUNCIL ACTION: Approval of the Closure of the Route 60 Bridge Improvements Fund (Fund 314) and the Route 60 Intersection Improvements Fund (Fund 315), Refund of Excess Deposits to Project Participants, and Transfer of Remaining Monies to the Capital Improvements Fund Partipant Share %Actual Cost Refund TAP Pharmaceuticals 300,000.00 33.33% 280,660.26 19,339.74 Abbott Laboratories 300,000.00 33.33% 280,660.26 19,339.74 Vernon Hills 35,000.00 3.89% 32,743.70 2,256.30 Lake County 50,000.00 5.56% 46,776.71 3,223.29 CPOA 160,000.00 17.78% 149,685.47 10,314.53 Mettawa 5,000.00 0.56% 4,677.67 n/a City of Lake Forest 50,000.00 5.56% 46,776.71 n/a 900,000.00 100.00% 841,980.79 Preliminary Engineering Costs Widening of Route 60 Bridge over I-94 7 Tuesday, January 17, 2017 City Council Agenda 6. Consideration of Extension of a Contract Relating to Completion of the Clean-up of the City’s Former Municipal Services Site. STAFF CONTACT: Catherine J. Czerniak, Director of Community Development (810-3504) PURPOSE AND ACTION REQUESTED: Approval is requested to authorize the City Manager to approve an extension to the existing contract with Jacob & Hefner Associates (JHA) for services related to the clean-up of the former Municipal Services site located on the northwest corner of Laurel and Western Avenues. BACKGROUND/DISCUSSION: In February, 2015, the City Council directed that the environmental cleanup of the former Municipal Services site get underway. The cleanup work included testing and investigation, demolition of all of the above ground structures, removal of all known underground slabs, foundations and tanks, hauling of impacted soils, removal of utilities and preparation and filing of the necessary reports in order to obtain a letter of No Further Remediation. A No Further Remediation Letter was received by the City in September, 2016. To date, the Council has authorized, through a series of three contract extensions, payment not to exceed $259,153.50 to JHA. Payments to date total $253,731.24. To cover costs related to obtaining and properly filing the Letter of No Further Remediation, estimated to be $38,000, authority to extend the contract with JHA is requested. A not to exceed amount of $48,000 is requested to, in combination with the remaining amount from the earlier contract, cover costs related to JHA’s continuing involvement in reviewing and verifying costs incurred by Focus Development for unforeseen environmental cleanup work on the site that is the responsibility of the City is included in the request. Unforeseen work includes underground tanks, slabs and partial foundations that pre-date the City’s use of the property discovered by Focus as construction has proceeded, and the costs of associated cleanup work. BUDGET/FISCAL IMPACT: The cost of the site cleanup is reimbursable through funds generated by the TIF District. Authorization to approve a contract extension for the following amount is requested. FY2017 Funding Source Amount Budgeted Amount Requested Budgeted Y/N Laurel and Western TIF Fund #322-2501-499-77-05 $1,548,469 JHA Not to Exceed $48,000 Yes COUNCIL ACTION: Authorize the City Manager to enter into a contract extension with Jacob & Hefner Associates for an amount not to exceed $48,000. 7. Approval of Contracts to Perform Design and Professional Engineering Services for the Deerpath Golf Course Renovation Project 8 Tuesday, January 17, 2017 City Council Agenda STAFF CONTACT: Chuck Myers, Superintendent of Parks, Forestry & Golf (847-810-3565) PURPOSE AND ACTION REQUESTED: Staff requests approval of contractual agreements with Lohmann Golf Design and V3 Companies to perform design and professional engineering services for the Deerpath Golf Course Renovation Project. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Finance Committee 11/14/16 Discussion of various options for funding Deerpath Golf Course improvements Finance Committee 11/09/15 Discussed the recommendation to have Lohmann Golf Design prepare a Master Enhancement Plan for the Golf Course BACKGROUND/DISCUSSION: On November 9, 2015, the City's Finance Committee discussed the recommendation by the Golf Advisory Committee (Chaired by Alderman Tim Newman) to have Lohmann Golf Design prepare a Master Enhancement Plan for the Deerpath Golf Course. The Master Enhancement Plan was completed in the spring of 2016. Since then, planning has been underway to determine the best strategy to implement the plan. A number of improvements have been identified for completion in 2017/2018, as per the Master Enhancement Plan, they include: fairway drainage improvements, installation of a continuous cart path, and tee improvements and adjustments. In order to start the projects later in 2017, it is necessary that all design and construction documents be completed in early 2017. Lohmann Golf Designs, Inc. has submitted a proposal for services to assist the City of Lake Forest in the preparation of construction drawings, specifications, bidding and construction observation for improvements to the course. Lohmann has been involved with this project from the beginning and will be a vital part in assuring that the Master Plan is implemented as intended. In addition, there is a need to enlist a civil engineering firm to work with Lohmann on the creation of the construction documents and ensure that all required permits are secured for the project. Some preliminarily work has already been completed; including a Wetland Delineation in October, followed by a Jurisdictional Determination from the Lake County Stormwater Management Commission and a Drainage Investigation Report. This is a key first step in the permitting process and it will position the selected engineering firm with the information needed to design upgrades and eventually submit for permits. BUDGET/FISCAL IMPACT: The proposal from Lohmann Golf Design was reviewed by City staff and found to be acceptable. Given the successful working relations on the Master Enhancement Plan, staff recommends that Lohmann continue with its implementation. Per section 9.0-K of the City’s purchasing directive, staff is requesting waiving the formal request for proposals and evaluation process, and is recommending Lohmann Golf Design to perform these services. The full proposal by Lohmann Golf Design can be found beginning on page 50 of your packet. 9 Tuesday, January 17, 2017 City Council Agenda City staff issued a Request for Proposals (RFP) for engineering services on December 7, 2016. The purpose of the RFP was to establish a contract between The City of Lake Forest (should the City Council so authorize) and a qualified professional consulting firm to provide Engineering Services for the Deerpath Golf Course Renovation Project. The work includes collaboration with the Project Manager and Golf Course Architect (Lohmann Golf Designs, Inc.), in the construction planning, documentation and permitting of upgrades to the golf course. The following proposals were received on December 22, 2016: Company Name Dollar Amount Bid V3 Companies $26,500 HLR $29,500 Hey and Associates, Inc. $51,600 Bleck Engineering Company $59,000 Daniel Creaney Company $69,960 Manhard Consulting $80,100 Accurate Group, Inc. $82,110 City staff is recommending V3 Companies to perform engineering services for the Deerpath Golf Course Renovation Project. V3 Companies has extensive experience in floodplain/floodway, wetland and erosion control permitting and has worked on several similar golf course improvement projects in the region. The non-budgeted contracts with Lohman Design and V3 Companies will be funded by advancing amounts to be budgeted in the FY2018 annual budget. Below is an estimated summary of Project budget: FY2017 Funding Source Vendor Contract Amount Budgeted Amount Requested Budgeted? Y/N Golf Course Fund (Advance of FY18 Budget Allocation) Lohmann Golf Design $0 $57,440 N Golf Course Fund (Advance of FY18 Budget Allocation) V3 Companies $0 $29,150* N * Amount requested includes a 10% contingency for additional unforeseen services. If necessary, a FY2017 supplemental appropriation will be submitted for City Council approval at the end of the year. The anticipated project implementation timeline is as follows:  Plan development …………………….. Jan 2017 to Mar 2017  Permit application(s) ………………….. Feb/March 2017  Project bidding …………………………. April 2017  Project start ……………………………… September 5, 2017 10 Tuesday, January 17, 2017 City Council Agenda COUNCIL ACTION: If determined to be appropriate by the City Council, approve the following: Acknowledge the exception noted in Section 9.0-K of the City’s Purchasing Directive and approve an agreement with Lohmann Golf Design to perform services to complete construction drawings, specifications, bidding and construction observation in the amount of $57,440. AND Approve recommendation by City staff to accept the proposal and award a contract to V3 Companies to perform engineering services in the amount of $29,150, which includes a 10% contingency. 8. Approval of various items relating to the Lake Forest Metra Station – Union Pacific North Line Interior Renovation Project for Federal Participation through the Illinois Transportation Enhancement Program STAFF CONTACT: Mike P. Strong, Assistant to the City Manager (810-3680) PURPOSE AND ACTION REQUESTED: Staff is requesting consideration and approval of various items relating to the interior renovation of the Lake Forest Metra Station – Union Pacific North Line facility main depot building in downtown Lake Forest (“Project”). Pursuant to the Illinois Transportation Enhancement Program (“ITEP”) requirements, a Local Agency Agreement between the City and the Illinois Department of Transportation (“IDOT”), along with a Consultant Agreement for the Phase III construction engineering services, are required to be executed and submitted for federal participation. Additionally, a resolution certifying that the City has authorized the expenditure of funds for its 20% contribution is also required. These documents have been prepared and are included in this packet for review and consideration by City Council for this Project. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee 1/4/17 Resolution and Agreements Reviewed and Approved BACKGROUND/DISCUSSION: The City has received Illinois Transportation Enhancement Program (“ITEP”) grants, administered by IDOT, totaling over $2.07 million for this project. The ITEP grant program offers an 80/20 grant, meaning the City is reimbursed 80% for every dollar that is spent on projects funded by the program. In addition to these funds, the City and Metra will have contributed a combined total of roughly $764,000 to the project when it is complete. Due to the costs associated with the work, the City has opted to complete the Project in separate stages, as outlined below: • Stage 1 – Restoration of the roof consistent with the original design of the train station, to include slate, restoration of dormers, and hipped roof elements, and removal of non-architecturally significant features. • Stage 2 – Restoration and repair of the exterior wood and stucco, and masonry. 11 Tuesday, January 17, 2017 City Council Agenda • Stage 3 – Interior renovation of restrooms, new tile flooring, fire protection, minor electrical and mechanical upgrades, and other commuter comfort and station enhancements. The roof was replaced in 2012, and the exterior restoration stage is in the process of being closed out. Staff will present a final summary and budget for the exterior improvements, along with a final supplement for additional construction engineering services during the next scheduled City Council meeting. In October 2015, the City entered into a contract with Alfred Benesch & Company/Legat Architects to complete the Phase II design engineering services for the final stage of this Project. Based on the pre-final design cost estimates provided earlier this summer, and a forecasted remaining grant balance of roughly $285,000 in ITEP funds, staff realized there would be a roughly $160,000 shortfall to fund the entire Stage 3 phase of the Project. Therefore, the scope of work for the interior improvements have been reduced to only include the relocation and expansion of restroom facilities in the general area of the tenant space on the south end of the building. The City is actively seeking additional outside funding sources to support those improvements that will not be covered under the ITEP grant program. Final bid documents for this scope of work are in the process of being reviewed by IDOT and the Federal Highway Administration, and are planned to be posted in early February 2017, with a bid letting date of March 10, 2017. BUDGET/FISCAL IMPACT: Similar to the recent exterior improvements that were completed, IDOT requires an engineer that is certified in IDOT documentation to perform Phase III construction engineering for ITEP funded projects. The City has received two proposals for the Phase III construction engineering services for this project from firms that have personnel that are certified in IDOT documentation, which include: Firm Total Proposal Amount Alfred Benesch & Company $71,419.10 GeWalt Hamilton Associates $64,799.33 Per section 9.0-K of the City’s purchasing directive, staff is requesting to waive the formal request for proposal and evaluation process. With the Phase III construction engineering services being performed by GeWalt Hamilton Associates during the exterior improvement stage of this project, they are very familiar with the construction oversight and documentation that is required for this type of grant-funded project. To this end, staff is requesting 1) that City Council acknowledge the exception noted in Section 9.0 K of the City’s Purchasing Directive and approve an agreement with GeWalt Hamilton Associates for the Phase III construction engineering services for this project in the amount of $64,799.33, and 2) Authorize the Mayor and City Manager to execute the corresponding Local Agency Agreement for Federal Participation, and Consultant Agreement for Federal Participation, which are standard agreements between the City and IDOT that stipulate the division of cost (80/20) and general conditions for the use of federal grant funds. Copies of the Agreements can be found starting on page 57. 12 Tuesday, January 17, 2017 City Council Agenda Lastly, the utilization of ITEP funds and participation in the grant program requires that a resolution, committing to the expenditure of funds to cover the local amount, is approved by the Corporate Authorities. The resolution certifies that the City has authorized the expenditure of these funds to commit toward its 20% contribution. With a projected remaining ITEP funding balance (eligible toward 80% of costs) of $284,981.09, the maximum allowable project budget for the interior improvements is $356,226.36. The estimated City share (20%) would be $71,245.28. Staff will provide an updated project budget to the Public Works Committee and City Council sometime in March after the project letting date. A copy of the Resolution has also been included on page 77. City staff will be present at the January 17, 2017, City Council meeting to answer any questions. COUNCIL ACTION: Staff is requesting City Council approval of the following items: 1. Acknowledge the exception noted in Section 9.0 K of the City’s Purchasing Directive and approve an agreement with GeWalt Hamilton Associates for construction engineering services in the amount of $64,799.33, including a 10% contingency amount of $6,479.93 for any unforeseen circumstances with the project. 2. Authorization for the Mayor and City Manager to execute the Local Agency Agreement and Consultant Agreement for Federal Participation, and any other such documents related to the advancement and completion of this project. 3. Approval of a Resolution committing to the expenditure of funds for the Phase III construction engineering and construction costs related to the Lake Forest Metra Station Union Pacific North Line Interior Renovation Project. (Approve by Motion) 9. Consideration of an Ordinance Approving Recommendations from the Building Review Board. (First Reading and if Desired by the City Council, Final Approval) STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504) The following recommendations from the Building Review Board are presented to the City Council for consideration as part of the Omnibus Agenda. 972 Beverly Place - The Building Review Board recommended approval of additions and exterior alterations to the existing residence. The Lake Forest Preservation Foundation presented testimony in support of the project. (Board vote: 7-0, approved) 145 S. Green Bay Road - The Building Review Board recommended approval of an entrance and lobby addition and alterations to the west elevation of the Gymnasium, the south wing, of the Lake Forest Country Day School. No public comments were presented on this petition. (Board vote: 7- 0, approved) The Ordinances approving the petitions as recommended by the Building Review Board, with key exhibits attached, are included in the Council packet beginning on page 78. The Ordinance, complete with all exhibits, is available for review in the Community Development Department. 13 Tuesday, January 17, 2017 City Council Agenda COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of the Ordinance approving the petition in accordance with the Building Review Board’s recommendation. 10. Consideration of an Ordinance Approving a Recommendation from the Zoning Board of Appeals. (First Reading, and if Desired by the City Council, Final Approval) STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504) The following recommendation from the Zoning Board of Appeals is presented to the City Council for consideration as part of the Omnibus Agenda. 677 Spruce Avenue – The Zoning Board of Appeals recommended approval of front and side yard variances to allow the addition of a front portico and expansion of the garage as part of the overall rehabilitation of the existing residence. No public testimony was presented on this petition. (Board vote: 6 - 0, approved) The Ordinance approving the petition as recommended by the Zoning Board of Appeals, with key exhibits; is included in the Council packet beginning on page 96. The Ordinance, complete with all exhibits, is available for review in the Community Development Department. COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of the Ordinance approving the petition in accordance with the Zoning Board of Appeals’ recommendation. COUNCIL ACTION: Approval of the ten (10) Omnibus items as presented 6. ORDINANCES 1. Consideration of a Recommendation from the Plan Commission in Support of Actions Related to Tentative Approval of the 770 Westleigh Road Planned Preservation Subdivision. (If desired by the Council, Grant First Reading of An Ordinance and Grant Approval of the Tentative Plat of Subdivision by Motion) PRESENTED BY: Catherine Czerniak, Director of Community Development (810-3504) PURPOSE AND ACTION REQUESTED: Consideration of a recommendation from the Plan Commission in support of 1) first reading of an Ordinance approving a zone change from R-5 to R-4; and 2) approval of the tentative plat of subdivision for the proposed 770 Westleigh Road Planned Preservation Subdivision. 14 Tuesday, January 17, 2017 City Council Agenda BACKGROUND/DISCUSSION: This petition proposes development of a portion of a 22 acre parcel located on the north side of Westleigh Road, between Stable Lane and Wallace Road. The property is owned by the Lake Forest Open Land Foundation and was acquired by Open Lands about nine years ago, specifically for the purpose of assuring that the property would be developed in a manner that preserves and protects the significant natural resources on the property including woodlands, prairie and wetlands. Nearly 17 acres of the property will be preserved as open space and will not be subject to future development. A 9-lot Planned Preservation Subdivision is planned for just over five acres of the 22 acre property. The development cluster is proposed generally on the southern part of the property, the portion of the property that is already developed with a house, garage and hardscape, all of which will be removed as part of the proposed development. Materials from existing garden walls and other features will be reused and incorporated into the new development. The proposed cluster development will offer nine single family building lots of about one-third of an acre in size. The smaller lots, in a unique setting, are intended to provide a different housing product in the community, with homes of up to 3,500 square feet, on a private road, surrounded by a nature preserve. The property is located in the Historic Residential Open Space Preservation Overlay District which makes a conservation development, with clustered lots and extensive preserved open spaces, possible. To achieve the proposed development, a zone change from R-5 to R-4 is required. This property currently stands as a lone R-5 parcel in the midst of an area that is zoned and developed under the R-4 zoning district. The R-5 zoning, which carries with it a three acre minimum lot size, remains on this parcel because the property was in the ownership of one family for many decades until it was acquired by Open Lands. Approval of the tentative plat will authorize the property owner, in partnership with a developer, currently identified as The Janko Group, to proceed with the preparation of final engineering plans and the final plat of subdivision. The Plan Commission held a public hearing on this petition over the course of three meetings. At those meetings, the Commission heard presentations from the petitioner, the petitioner’s consultants and heard public testimony. The key questions focused on density, lot size, access into the development, drainage and buffering views from the Westleigh Road streetscape and from neighboring homes to the new homes and to the trail through the nature preserve. Over the course of the meetings, the petitioner provided additional information, responded to questions and presented revised plans to address the concerns that were raised. Importantly, to address concerns about preservation of the Westleigh Road streetscape, the tentative plat was revised to push the development cluster slightly deeper into the property, increase the setbacks for the homes and establish a Conservation Easement along the Westleigh Road frontage. The proposed Ordinance, the Plan Commission’s report, along with an excerpt of the minutes from the last Plan Commission meeting on December 14, 2016, are included in the Council packet beginning on page 104. At the conclusion of the Plan Commission’s third meeting on this petition, the Commission concluded that all of the applicable requirements and criteria were satisfied for tentative approval and voted 4 to 0 to recommend first reading of an Ordinance approving a zone change to R-4 and approval of the tentative plat of subdivision. The Commission 15 Tuesday, January 17, 2017 City Council Agenda commended the development approach to the property. Tentative approval is valid for 12 months from the date of Council approval with an option for extension. COUNCIL ACTION: If determined to be appropriate by the City Council: Grant first reading of an Ordinance rezoning the 22 acre parcel from R-5 to R-4. AND Approve a motion granting tentative approval of the 770 Westleigh Road Planned Preservation Subdivision subject to the conditions of approval as recommended by the Plan Commission and as detailed in the Plan Commission’s report. 2. Consideration of a Recommendation from the Plan Commission in Support of Amending the Special Use Permit for Northwestern Lake Forest Hospital to Approve Updates to the Previously Approved Master Plan. (Waive First Reading and Grant Final Approval of an Ordinance.) PRESENTED BY: Catherine Czerniak, Director of Community Development (810-3504) PURPOSE AND ACTION REQUESTED: The City Council is asked to consider a recommendation from the Plan Commission in support of updating the previously approved Hospital Campus Master Plan to 1) reflect the final site plans that were approved for the Central Campus and the conditions as currently being built out and 2) further define parameters for future redevelopment of the South Campus. BACKGROUND AND DISCUSSION: In September, 2011, the Plan Commission began consideration of a new Master Plan to guide the revitalization of the hospital campus. After many months of review, public input and deliberation by the Plan Commission and City Council; the Master Plan, along with a Special Use Permit, was approved by the City Council on October 1, 2012. Following approval of the plan, an advisory committee appointed by the City Manager, worked closely with the hospital team and City staff to review the final detailed plans to assure that they closely aligned with the parameters of the approved Master Plan. Today, build out of the new hospital on the Central Campus is well underway with occupancy of some parts of the facility scheduled for this fall. The Plan Commission recently considered a request from the hospital to approve updates to portions of the Master Plan at a public hearing over the course of two meetings. In November, 2016, the Commission heard a presentation from the hospital team, listened to public testimony and raised a number of questions and concerns. At the December, 2016, meeting, the hospital team responded to the questions and concerns identified at the previous meeting and provided additional details as requested. The key issues discussed included: concerns about the relocation of the Support Services Facility (maintenance facility) on the Central Campus, drainage, screening from neighboring residential properties, the realignment of at the north/south road through the South Campus and the anticipated demolition of all, or a significant portion of the existing hospital. 16 Tuesday, January 17, 2017 City Council Agenda After hearing additional public testimony and further deliberation, the Commission voted 6 to 0 to recommend approval of updates to the Master Plan as proposed by the hospital, subject to conditions of approval as detailed fully in the Ordinance and as summarized below. • The height of the east end of the berm shall be increased. • Additional plantings shall be added to the berms. • Views into the hospital campus from the Westmoreland and Waukegan Road intersection shall be monitored as the work on the Central Campus is completed and as vegetation begins to mature to evaluate whether the plantings provide adequate screening. • Plantings in the buffer area located along the west property line of the South Campus shall be maintained and enhanced as needed on an ongoing basis. • Plans for future buildings and detailed site plans shall be subject to review through a process as directed by the City Manager. • A final plan for memorializing the existing hospital through preservation of some portion of the hospital or some alternate approach shall be subject to review through a process as directed by the City Manager. • As portions of the existing hospital building are vacated, a lighting reduction plan shall be developed by the hospital to reduce off site light impacts while still meeting safety and security needs. The ordinance, Plan Commission report and an except form the Plan Commission and an excerpt from the minutes of the Plan Commission meeting are included in the Council packet beginning on page 126 for additional information. COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of an Ordinance amending portions of the Northwestern Lake Forest Hospital Campus Master Plan, approved in 2012, to reflect the approved site and building plans and as-built conditions and to establish further parameters to guide the future of the South Campus. 7. ORDINANCES AFFECTING CODE AMENDMENTS 1. Consideration of an Ordinance Amending Chapter 159.042 of the City Code, as Recommended by the Zoning Board of Appeals. (First Reading) PRESENTED BY: Catherine Czerniak, Director of Community Development - 847-810-3504 PURPOSE AND ACTION REQUESTED: Consideration of a recommendation from the Zoning Board of Appeals in support of clean-up amendments to Chapter 159.042, “Zoning Board of Appeals”. BACKGROUND: In January, 2015, the City Council approved an Ordinance adopting an updated City Code. Since that time, various Boards and Commissions, City staff and the City Attorney’s office continue to review each chapter of the Code and recommend revisions to 1) reflect current practices and policies, and 2) to provide clarification, general clean-up of language and reorganization where appropriate. 17 Tuesday, January 17, 2017 City Council Agenda The proposed amendments to 159.042 do not involve substantive changes to the Code and reflect only a few minor clean-up edits. The ordinance is presented to the Council for first reading at this time. Chapter 159.042, with the proposed revisions, is included in the Council packet beginning on page 155. COUNCIL ACTION: Grant first reading of an Ordinance Amending Chapter 159.042 of the City Code, as Recommended by the Zoning Board of Appeals and Plan Commission. 8.NEW BUSINESS 1.Consideration of a Proposal from Teska Associates Inc. to Conduct an Evaluation of the City’s Building Permit Issuance and Plan Review Process. PRESENTED BY: City Manager, Robert Kiely, Jr., and Director of Community Development Catherine Czerniak (810-3504) PURPOSE AND ACTION REQUESTED: In 2006, the City engaged an outside consulting firm to evaluate the City’s building permit and plan review process and present recommendations on improving the efficiency and the effectiveness of the City’s process. Now ten years later, it is appropriate to revisit these functions and consider opportunities to implement best practices and technological enhancements to better serve residents, builders, realtors and other constituent groups. BACKGROUND/DISCUSSION: In 2006, Zucker Systems was engaged by the City to complete a comprehensive evaluation of the City’s building permit and plan review process. The engagement was prompted following comments and concerns raised within the community about the challenges of the City’s processes and perceived time delays in getting permits reviewed and approved. The final report recommended a number of procedural changes that have been implemented to simplify the process. In June, 2016, The Mayor, City Manager and Director of Community Development met with members of the real estate community to listen to their concerns about the current real estate market and challenges for selling homes in Lake Forest. One issue raised during the course of the meeting was the complexity and length of time involved of the City’s building review and approval process. In light of the City’s recent efforts to promote the community, it is imperative that we insure that we have not created unintended barriers to people looking to move to Lake Forest. As proposed, Teska would undertake a comprehensive review of our current rules and procedures, meet with builders, realtors, staff and other interested parties, and compare our procedures with other like communities to prepare a list of recommendations. A final report would be presented to the City Council upon completion of their work. A copy of their work proposal is attached beginning on page 162. 18 Tuesday, January 17, 2017 City Council Agenda BUDGET/FISCAL IMPACT: This item was not budgeted for in FY2017. The expense will be charged to the City Council’s Contingency Account. Below is an estimated summary of Project budget: FY2017 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N City Council Contingency 0 $24,900 N COUNCIL ACTION: Authorize the City Manager to enter into a contract with Teska Associates, Inc. for an amount not to exceed $24,900 to conduct an evaluation of the City’s building permit and plan review process. 2. Consideration of Recommendations from the Plan Commission, Building Review Board and the Property and Public Lands Committee in Support of Various Actions Related to the McKinley Road Redevelopment Project. (Approval of a Resolution) PRESENTED BY: Catherine Czerniak, Director of Community Development (810-3504) PURPOSE AND ACTION REQUESTED: Council consideration is requested of recommendations in support of redevelopment of the area located east of McKinley Road and south of Westminster. A Resolution, which details the extensive public review of this petition to date, is presented for Council consideration. The Resolution incorporates recommendations from the Plan Commission, Building Review Board and the Property and Public Lands Committee. Action is requested to 1) approve a Master Plan for the redevelopment area, 2) approve a plat of consolidation and an easement for a new east/west private road, 3) conditionally approve the architectural design of the first building, and 4) approve a Term Sheet in support of a land swap with the developer. BACKGROUND/DISCUSSION: The redevelopment area is located across from the train station and north of the Church of the Covenants and the Lake Forest Library. This area is currently developed with three office buildings. The two northernmost office buildings, 721 and 725 McKinley Road, are proposed for demolition in the initial phase of redevelopment. A single residential condominium building is proposed on these two parcels. The southernmost office building, 711 McKinley Road, is proposed to remain in the short term, to allow current tenant leases to play out, to provide the opportunity for the developer to assess the demand for different types of residential units and to make the project financially feasible. The three office parcels are adjacent to a City owned property to the east, 361 E. Westminster. The City Council previously identified this property as surplus property and directed the Plan Commission to make a recommendation on how the City parcel could best be used going forward. After deliberation over the course of three public meetings, the Commission voted unanimously to recommend that the City parcel be incorporated into a Master Plan for redevelopment of the area. The Property and Public Lands Committee stated support for this approach. The Master Plan is included in the Council packet as an attachment to the Resolution. The Commission further urged the City Council to take all 19 Tuesday, January 17, 2017 City Council Agenda necessary steps to assure that over time, the full extent of the Master Plan is ultimately achieved. Importantly, years of study of this area have concluded consistently that a transition from office use to multi-family residential use is appropriate. The Comprehensive Plan supports multi-family residential use in this area and more recently, the Cultural Corridor Task Force re- affirmed support for multi-family residential development in this area, close to the train station and the Central Business District, to meet a need for a different housing type in the community and to contribute to the vitality of the Central Business District. As noted above, a recommendation from the Building Review Board in support of the architectural design of the building is also incorporated into the Resolution. The Building Review Board considered the architectural design, exterior materials and landscape plan over the course of three meetings. In addition, the Board appointed a subcommittee to review the plans when they are submitted for permit to assure that the details of the project are consistent with the public representations and discussions. Finally, a Term Sheet is attached to the Resolution. This document details the discussions to date with the developer and outlines terms of a land swap, the land swap is necessary to allow the Master Plan to be achieved. In summary, the land swap would allow the developer to take ownership of the southern portion of the 361 E. Westminster parcel which would be the location of the third condominium building. The City in return, would take ownership of a portion of the 711 McKinley Road parcel which would be added to the Library site and provide the opportunity for additional parking. The overall development would also provide for common open space in the area north of the Library, pedestrian pathways and landscaped streetscapes. The Resolution and supporting documents are included in the Council packet beginning on page 166. COUNCIL ACTION: If determined to be appropriate by the City Council, by motion, grant approval of the Resolution 9. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION 10. ADJOURNMENT Office of the City Manager January 11, 2017 The City of Lake Forest is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are required to contact City Manager Robert R. Kiely, Jr., at (847) 234-2600 promptly to allow the City to make reasonable accommodations for those persons. 20 Tuesday, January 17, 2017 City Council Agenda 21 1 THE CITY OF LAKE FOREST RESOLUTION NO. 17-___ A RESOLUTION EXTENDING THE OBJECTION PERIOD FOR THE PROPOSED LAKE FOREST SPECIAL SERVICE AREA NO. 41 (WINWOOD DRIVE AREA SANITARY SEWER IMPROVEMENT PROJECT) WHEREAS, The City of Lake Forest (“City”) is a home rule, special charter municipal corporation; and WHEREAS, pursuant to 35 ILCS 200/27-5, et seq. (“SSA Law”), the City Council adopted an ordinance proposing the establishment of Special Service Area No. 41 (the “Proposing Ordinance”) to provide sanitary sewer improvements to the Winwood Drive area in Lake Forest (the “Sanitary Sewer Improvements”); and WHEREAS, pursuant to the SSA Law and the Proposing Ordinance, the City commenced a properly-noticed public hearing on December 5, 2016 (“Public Hearing”) regarding the establishment of the proposed Special Service Area No. 41 (“SSA No. 41”); and WHEREAS, at the Public Hearing, the City considered the imposition or levy of a tax in the proposed SSA No. 41 sufficient to produce revenues for the Sanitary Sewer Improvements to benefit the proposed SSA No. 41, as well as the issuance of special service area bonds to be supported by the SSA No. 41 taxes; and WHEREAS, the City Council concluded the Public Hearing on December 5, 2016; and WHEREAS, the SSA Law provides that if a petition signed by at least 51 percent of the electors residing within the proposed SSA No. 41 and at least 51 percent of the owners of record of property within the proposed SSA No. 41 is filed with the City Clerk within sixty days following the adjournment of the Public Hearing, objecting to the establishment of SSA No. 41, the levy of taxes, or the issuance of bonds (“Objection”), then SSA No. 41 shall not be established; and WHEREAS, to provide interested parties with sufficient time to fully consider their options regarding the establishment of SSA No. 41 (including alternatives for paying for the Sanitary Sewer Improvements), an extension of time to file an Objection is necessary; and 22 2 WHEREAS, the City Council of the City has determined that it is in the best interest of the residents of SSA No. 41 and the City to extend the period within which to file an Objection to SSA No. 41, as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Lake Forest, County of Lake, State of Illinois, as follows: SECTION 1: Recitals. The foregoing recitals are incorporated into this Resolution as findings of the Mayor and City Council. SECTION 2: Extension of Objection Period. Pursuant to its home rule authority, the City hereby extends the deadline in which to file an Objection to SSA No. 41 to March 31, 2017, and any Objection filed by that date shall be considered timely. SECTION 3: No Further Action. The City shall take no further action regarding the establishment of SSA No. 41 before April 1, 2017. SECTION 4: This resolution shall be in full force and effect upon its passage and approval in the manner provided by law. PASSED THIS ___ DAY OF _______, 2017 AYES ( ) NAYS ( ) ABSENT ( ) APPROVED THIS _____ DAY OF _______, 2017 Mayor ATTEST: City Clerk 23 {00015029 2} LAKE FOREST CITY CODE (Current) § 150.384 SEWAGE AND SEWAGE DISPOSAL. (A) Each premises requiring sanitary sewer service shall have a separate and independent connection to a public sanitary sewer where a public sanitary sewer is available or accessible. If a sanitary sewer is not available in the public street or alley abutting a property requiring sewer service, or there is no public sanitary sewer accessible within 500 feet from any of the property lines, a private sanitary sewer and sewage treatment system may be constructed and maintained within the property limits at the expense of the owner. Plans and specifications for private sanitary sewers and sewage treatment systems shall be submitted to and approved by the City Council or its duly authorized designee before construction is started. The owner of any property requiring sanitary sewer services, and dependent upon the use of private sewers and treatment systems shall within six months, after the completion of a public sanitary sewer in a public street, way or easement upon which such property abuts, connect the sanitary sewer from such property into the public sanitary sewer in the manner provided by ordinance and thereupon discontinue the use of any private sewage treatment system. 24 {00015029 2} LAKE FOREST CITY CODE (Proposed) Section 150.384: SEWAGE AND SEWAGE DISPOSAL. A. In General. Each premises requiring sanitary sewer service shall be connected either to a public sanitary sewer or a private sanitary sewer and sewage treatment system in accordance with this Section. 1.Except as otherwise provided in this Section, in areas where a public sanitary sewer is available and accessible, each premises shall have a separate and independent connection to such public sanitary sewer. For purposes of this Section, “available and accessible” shall mean that the public sanitary sewer: a.has capacity legally available to serve a premises, and b.such sewer is located (i) within 500 feet from any of the property lines of existing dwellings that are served by private sewage treatment systems, or (ii) within 1,000 feet of any of the property lines of premises used for non-residential purposes 2.In areas where new public sanitary sewers are installed, and located within 500 feet from any of the property lines of existing dwellings that are served by private sewage treatment systems or within 1,000 feet of any of the property lines of premises used for non-residential purposes, the owner of such premises shall, within six months after the completion of a public sanitary sewer, connect such premises to the public sanitary sewer in the manner provided by ordinance and thereupon discontinue the use of any private sewage treatment system, unless (a) such public sanitary sewer is not accessible via a street, alley, or easement, or (b) otherwise provided in this Section 150.384. 25 {00015029 2} LAKE COUNTY CODE – SEWER REGULATIONS § 53.16 USE OF PUBLIC SEWERS REQUIRED. (A) It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within any area under the jurisdiction of the county, any human or animal excrement, garbage, or other objectionable waste. (B) It shall be unlawful to discharge to any natural outlet or watercourse within any area under the jurisdiction of the county, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this subchapter. (C) Except as hereinafter provided, and subject to the provisions of Chapter 171, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (D) The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes situated within the county and abutting on any street, alley, or right- of-way in which there is now located or may in the future be located any public sanitary sewer of the county, is hereby required at his or her expense to install suitable toilet facilities therein, and to connect such facilities directly with the public sanitary sewer in accordance with the provisions of this subchapter, within 90 days after the date of official notice to do so, provided that said sewer is within 300 feet of the property line. 26 {00015029 2} LAKE COUNTY CODE – HEALTH REGULATIONS § 171.035 GENERAL. * * * (F) Public sewer availability. The Health Officer shall refuse to issue approval for a site plan to install, replace, or repair an onsite wastewater treatment system, or replace system components for an onsite wastewater treatment system where a public sewer, or another Illinois Environmental Protection Agency regulated wastewater treatment and disposal system is available. A sewer shall be deemed available when the nearest property boundary line of the property to be served is located within a reasonable distance of the public sewer, and the connection is permitted by the controlling authority of the public sewer. A reasonable distance shall be 250 feet from the nearest property boundary of a single family dwelling, and 1,000 feet from the nearest property boundary of a non-residential, multi-family, or subdivision property boundary. Investigation of sewer availability shall be conducted by the licensed onsite wastewater system installation contractor or designer. If annexation is required by the controlling authority for permission to connect to the public sewer, the sewer shall be deemed unavailable. 27 {00015029 2} STATE REGULATIONS TITLE 77: PUBLIC HEALTH CHAPTER I: DEPARTMENT OF PUBLIC HEALTH SUBCHAPTER r: WATER AND SEWAGE PART 905 PRIVATE SEWAGE DISPOSAL CODE SECTION 905.20 GENERAL REQUIREMENTS Section 905.20 General Requirements * * * e) Sanitary Sewer. New or renovated private sewage disposal systems shall not be approved where a sanitary sewer operated and maintained under permit of the Illinois Environmental Protection Agency is available for connection. A sanitary sewer is available for connection when it is within 300 feet of a residential property or a non-residential property with a sewage flow less than 1500 gallons per day, or within 1000 feet of a non-residential property with a sewage flow greater than or equal to 1500 gallons per day, unless a physical barrier or local ordinance exists that prevents connection to the sewer. If connection from the property to the sanitary sewer cannot be made with an individual line (i.e., 4" inch line), then a private sewage disposal system may be installed. * * * 28 {00014988 34} THE CITY OF LAKE FOREST ORDINANCE NO. 2017-_____ AN ORDINANCE AMENDING THE LAKE FOREST CITY CODE, AS AMENDED, RELATING TO EXEMPTIONS FROM SEWAGE AND SEWAGE DISPOSAL REQUIREMENTS WHEREAS, the City has established requirements and regulations related to sewage and sewage disposal in the City; and WHEREAS, the City Council, pursuant to its authority under the Illinois Compiled Statutes and its home rule authority, has determined that it is in the best interests of the City and its residents to amend the City’s sewage and sewage disposal regulations in the manners hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows: SECTION ONE: Recitals. The foregoing recitals are hereby incorporated into and made a part of this Ordinance as if fully set forth. SECTION TWO: Amendment to Section 150.384 of the City Code. Subsections A and B of Section 150.384, entitled “Sewage and Sewage Disposal,” of the Lake Forest City Code are hereby amended in their entirety, so that section 150.384.A and section 150.384.B shall hereafter be and read as follows: Section 150.384: SEWAGE AND SEWAGE DISPOSAL. A. In General. Each premises requiring sanitary sewer service shall be connected either to a public sanitary sewer or a private sanitary sewer and sewage treatment system in accordance with this Section. 29 {00014988 34} 1. Except as otherwise provided in this Section, in areas where a public sanitary sewer is available and accessible, each premises shall have a separate and independent connection to such public sanitary sewer. For purposes of this Section, “available and accessible” shall mean that the public sanitary sewer: a. has capacity legally available to serve a premises, and b. such sewer is located (i) within 500 feet from any of the property lines of existing dwellings that are served by private sewage treatment systems, or (ii) within 1,000 feet of any of the property lines of premises used for non-residential purposes 2. In areas where new public sanitary sewers are installed, and located within 500 feet from any of the property lines of existing dwellings that are served by private sewage treatment systems or within 1,000 feet of any of the property lines of premises used for non-residential purposes, the owner of such premises shall, within six months after the completion of a public sanitary sewer, connect such premises to the public sanitary sewer in the manner provided by ordinance and thereupon discontinue the use of any private sewage treatment system, unless (a) such public sanitary sewer is not accessible via a street, alley, or easement, or (b) otherwise provided in this Section 150.384. 3. In areas where new public sanitary sewers are installed pursuant to a special service area, as part of such special service area the City may provide that, for premises served by a private sewage treatment system having any property line within (I) 500 feet of such public sewer for if the premises are used for a dwelling, or (II) 1,000 feet of such public sewer if the premises are used for non-residential purposes, the owner of such premises may defer connection to the public sanitary sewer until the earliest to occur of: a. The determination by the Lake County Health Department that the premises are required to connect to the public sanitary sewer; b. The need for a major repair to the private sewage treatment system serving such premises. For purposes of this Section, a major repair is any repair or related 30 {00014988 34} service to the private sewage treatment system costing more than $2,500; c. Any demolition and new development on the premises; d. Any alteration or addition to the existing building that would increase the square footage of the dwelling unit by more than 1,000 square feet; e. Any subdivision of the premises; or f. No later than a date longer than six months that may be specified in the ordinances relating to such special service area. As a condition to the continued use of an existing private sewage treatment system, the owner of the premises shall be required to demonstrate to the reasonable satisfaction of the City Manager or the Manager’s designee that the private sewage treatment system has been tested and certified by the County Health Officer or his/her designee, to be in satisfactory working condition and is not in need of a major repair. 4. For premises where a public sanitary sewer is not accessible via a street, alley, or easement, or there is no public sanitary sewer available within the distance prescribed in Subsection 150.384.A.2, a permit for the repair or replacement of a private sanitary sewer and sewage treatment system may be issued within the property limits at the expense of the owner, subject to the following conditions: a. At the time of any repair or replacement, (i) there is no direct connection between the private sanitary sewer and sewage treatment system and a storm sewer or (ii) any direct connection between the private sanitary sewer connection (or any overflow facility therefor) to storm sewer must be disconnected; and b. Evidence shall be submitted to the City Manager or the Manager’s designee that plans and specifications for the installation, repair, or replacement of private sanitary sewers and sewage treatment systems have been approved by the Lake County Health Department. 31 {00014988 34} B. Exemptions. Notwithstanding the general requirements set forth in Subsection 150.384.A, for any premises served by private sewage treatment system that would otherwise be required to connect to a public sanitary sewer, the owner of such premises may request an exem ption from such connection requirement in accordance with this Section 150.384.B. A request for exemption shall be granted only by the City Council upon a finding of practical difficulty or particular hardship in making the connection to the public sanitary sewer. Any premises for which an exemption is granted shall be permitted to continue use of a private sewage treatment system in accordance with the terms and conditions set forth in the City Council’s approval of an exemption. (1) Application for Exemption. (a) An application or written request for exemption shall be filed with the City Manager or his/her designee. Such request shall be filed by or on behalf of the legal or beneficial owner of the property for which an exemption is sought. (b) A complete application shall include all of the following unless an item is specifically waived by the City Manager or his/her designee. 1. A completed exemption application form; 2. Disclosure of beneficial interests; a. If the applicant is a corporation, the application must be accompanied by a resolution of the corporation authorizing the execution and submittal of the application. In addition, the application shall indicate on its face the names of all directors and corporate officers of the corporation and also the names of all shareholders who own individually or beneficially 5% or more of the outstanding stock of the corporation. b. If the applicant is a general partnership, the application shall contain a list of all general 32 {00014988 34} partners who have a 5% or greater individual or beneficial interest in the partnership. c. If the applicant is a limited partnership, the application shall contain a list of all the names of general partners and the names of all limited partners having a 5% or greater individual or beneficial interest in the partnership. 3. Title report, warranty deed or similar documentation satisfactory to the City Manager to establish ownership in the premises; 4. Legal description of property and plat of survey; 5. Statement of intent addressing the standards for exemption; 6. Site plan depicting distance or obstructions from accessing the sewer and/or elevations illustrating requested exemption; and 7. Any other materials determined to be necessary by the City Manager or his/her designee. (2) Transmission of Report and recommendation. Prior to the scheduling of a hearing before the City Council, the City Manager or his/her designee shall transmit to the City Council a report, recommendation and background material upon which said report and recommendation are based. (3) Hearing on Exemption Request. The Public Works Committee of the City Council shall conduct a hearing on any request for exemption. Written notice of such hearing shall be provided to the owner of the premises at least 15 days before the hearing date. At the hearing, the owner of the premises may present such additional evidence or testimony in support of the exemption request, and the owner (and any consultant on whom the owner bases the application for exemption) shall also be available for questioning by the Committee. The Committee may also hear testimony or receive information from the City staff or other persons interested in the exemption (as determined by the Committee). At the conclusion of the 33 {00014988 34} hearing, the Committee shall make a recommendation to the City Council regarding the exemption request based on the standards for grating an exemption. (4) Consideration of Exemption Request. Within 45 days after the Public Works Committee makes its recommendation on an exemption request, the City Council shall consider the request for exemption. No exemption shall be granted except by resolution of the City Council, which resolution may include conditions upon which the exemption is granted. Any such resolution must be approved by a concurrence of a majority of the members of the City Council then holding office. (5) Standards and Conditions for Granting an Exemption. (a) The City Council may grant an exemption only upon a finding in the reasonable discretion of the City Council that the application of the regulations of this Section will present a practical difficulty or particular hardship and that such exemption is in harmony with the general purpose and intent of this section. (b) In reviewing a case, the City Council shall require evidence to the effect that: i. The existing private sewage treatment system has been tested and certified by the Lake County Health Department, to be in satisfactory working condition; ii. The building to be served shall require a service line of more than 500 feet for a residence and more than 1,000 feet for any other building; iii. The property, which boundaries lie within 500 feet from the nearest public sanitary sewer, does not have reasonable access as a result of physical, environmental, natural resource, or non-manmade barriers or obstructions, including, but not limited to, interstate highways, railroads, bridges, rivers, or natural resources; 34 {00014988 34} iv. The conditions upon which a request for exemption are based are unique to the property for which the exemption is sought, and are not applicable, generally, to other property within the area and/or that have access to the sanitary sewer in question; v. The difficulty or hardship in conforming with the requirements of this section has not been created by the actions of any persons presently or formerly having an interest in the property; and vi. The proposed exemption will not substantially impair the health and welfare, endanger public or personal safety, or substantially diminish or impair property values within the neighborhood. (c) Conditions on Exemptions. Whether or not expressly set forth in the resolution approving an exemption, each exemption shall be limited by and conditioned upon the following: i. Such exemption shall expire upon the approval of a subdivision of the owned premises. ii. Such exemption shall expire at any time that it is determined that a private sewage treatment system can no longer function in a manner satisfactory to the Lake County Health Department. iii. The owner of the premises for which an exemption has been granted shall execute a covenant, to be recorded with the County Recorder of Deeds, (A) agreeing to connect the building to the public sanitary sewer at the time of any demolition and new development on the site, or any alteration or addition to the existing building that would increase the square footage of the dwelling unit by more than 1,000 square feet; and (B) agreeing not to object to any future City- initiated or resident-initiated sanitary sewer project that would make a public sanitary 35 {00014988 34} sewer accessible within 500 feet from its property. Such covenant shall be in a form approved by the City Manager and recorded with the County Recorder of Deeds within sixty (60) days of the date a resolution is passed granting an exemption. * * * SECTION THREE: Effective Date. This ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form in the manner provided by law. PASSED THIS ___ DAY OF _________, 2017. AYES: ( ) NAYS: ( ) ABSENT: ( ) ABSTAIN: ( ) PASSED THIS ___ DAY OF __________, 2017. _____________________________ Mayor ATTEST: _____________________________ City Clerk 36 The City of Lake Forest CITY COUNCIL Proceedings of the Monday December 5, 2016 City Council Meeting - City Council Chambers – 6:30pm CALL TO ORDER AND ROLL CALL: Honorable Mayor Schoenheider called the meeting to order at 6:30 pm immediately following the Finance Committee meeting, and City Clerk Margaret Boyer called the roll of Council members. Present: Honorable Mayor Schoenheider, Alderman Waldeck, Alderman Beidler, Alderman Newman, Alderman Tack, Alderman Reisenberg, Alderman Adelman and Alderman Moreno. Absent: Alderman Pandaleon Also present were: Robert Kiely Jr., City Manager; Catherine Czerniak, Director of Community Development, Elizabeth Holleb, Finance Director; Victor Filippini, City Attorney; Susan Banks, Communications Manager; Michael Thomas, Director of Public Works; Karl Walldorf, Chief of Police; Pete Siebert, Acting Fire Chief; Mike Strong, Assistant to the City Manager. There were approximately 35 persons present. CALL TO ORDER AND ROLL CALL 6:30 pm PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 1. COMMENTS BY MAYOR Mayor Schoenheider reported that there will be a public forum meeting on the Amtrak Hiawatha discussion, hosted by him and the City Manager on Monday, December 19 at Gorton Community Center. Residents are invited to hear the process of the legislature, and express concerns and opinions. Mayor Schoenheider wished all in attendance and those at home Happy Holidays and reminded all to shop local. Mayor Schoenheider then introduced Acting Fire Chief Pete Siebert who gave an overview about new Firefighter/Paramedic William Clifford. The Mayor then swore him in. A. Swear in Firefighter/Paramedic William Clifford 2. COMMENTS BY CITY MANAGER City Manager Robert Kiely echoed the Mayors Holiday wishes. 3. COMMENTS BY COUNCIL MEMBERS 37 Proceedings of the Monday, December 5, 2016 Regular City Council Meeting FINANCE COMMITTEE A. Consideration of an Ordinance Establishing the 2016 Tax Levy (Second Reading and Final Approval) Elizabeth Holleb, Finance Director, reported that the Council saw a full presentation on this topic two weeks ago and asked if there were any questions or if the Council would like a review of any of the slides. Seeing no questions, the Mayor asked if there was anyone from the public who would like to comment on the topic. Paul Hamann, 511 Beverly, offered his opinion to the Council. Seeing no further requests from the public, Mayor Schoenheider asked for a motion. COUNCIL ACTION: Grant final approval of an Ordinance Establishing the 2016 Tax Levy. Alderman Moreno made a motion to grant final approval of an Ordinance Establishing the 2016 Tax Levy, seconded by Alderman Beidler. The following voted “Yea”: Aldermen Waldeck, Beidler, Newman, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. B. Approval of Ordinances Abating 2016 Tax Levies for Various G.O. Alternate Revenue Bond Issues (Second Reading and Final Approval) Elizabeth Holleb, Finance Director, reported that the Council has seen a full presentation on this topic twice. This represents five Ordinances that reduce the debt service on alternative Revenue bonds. The City Council had discussion on abatement, reducing the obligation to zero. Mayor Schoenheider asked if there was anyone from the public who would like to comment on the topic. Seeing none, he asked for a motion. COUNCIL ACTION: Grant final approval of the Ordinances abating tax levies for various general obligation bond issues. Alderman Moreno made a motion to Approve of Ordinances Abating 2016 Tax Levies for Various G.O. Alternate Revenue Bond Issues, seconded by Alderman Reisenberg. The following voted “Yea”: Aldermen Waldeck, Beidler, Newman, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. C. Consideration of an Ordinance approving a Fee Schedule and Ordinances adopting new fees related to Special Events and a Public Safety Pension Fee (Second Reading and Final Approval) Elizabeth Holleb, Finance Director, reported that the Council considered this item at its November 14 and November 21 meetings. Ms. Holleb stated this Ordinance is an adjustment to existing fees and includes the addition of new fees related to public safety pension obligations, new fees related to late fees for special event permit applications and new fees related to escrow deposit for special event permit applications and FY 18 Water rates. The City Council had discussion on the Public Safety Pension Fee, its effective date of May 1 and the mandated increase in funding requirement. Mayor Schoenheider asked if there was anyone from the public who would like to comment on the topic. Seeing none, he asked for a motion. 38 Proceedings of the Monday, December 5, 2016 Regular City Council Meeting COUNCIL ACTION: Grant final approval of the proposed ordinances. Alderman Newman made a motion to Grant final approval of the proposed ordinances, seconded by Alderman Moreno. The following voted “Yea”: Aldermen Waldeck, Beidler, Newman, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. PUBLIC WORKS COMMITTEE A. Consideration of Two Recommendations from the Public Works Committee Related to the Process for Considering the Establishment of Special Service Area No. 41 for the Winwood Drive Area Sanitary Improvement Project. Public Works Committee Chairman Waldeck reported that the Public Works Committee is recommending that City Council take two actions, consistent with State Law, to set the framework for consideration of the establishment of Special Service Area No. 41 for the Winwood Drive Area Sanitary Improvement Project. Chairman Waldeck reported that on November 21, 2016, the City Council approved an Ordinance proposing the establishment of an SSA to finance the installation of a sanitary sewer in the Winwood Drive neighborhood. Ms. Waldeck stated that the purpose of that Ordinance was to outline the geographic area, preliminary budget, services, maximum tax levy for the project and set a date for the Public Hearing. Chairman Waldeck reported that the actions requested relate to the Ordinance and are necessary next steps in the process of consideration of a Special Service Area for this project. In summary, the Public Works Committee recommends the following actions: 1. Open a public hearing, pursuant to the Special Service Area Tax Law to consider the establishment of Special Service Area No. 41. Under State Law, Notice of a Public Hearing must be mailed to persons whose names are on the general taxes for the preceding year not less than ten (10) days before the time set for the hearing. Additionally, the Notice of Public Hearing must be published in a newspaper not less than fifteen (15) days before the hearing. Property owners in the proposed district were notified of the December 5, 2016, Public Hearing by Certified USPS mail with a letter dated November 22, 2016. The Notice of Public Hearing was published in The Lake Forester on November 17, 2016. If no objections are filed, the proposed SSA levy and boundaries would be considered for adoption on February 6, 2017. This time period allows for the required 60 day “objection period” to pass. Under state law, property owners within the proposed district have 60 days following the close of the Public Hearing during which to formally object to the creation of the proposed SSA. No less than 51% of the property owners of record and 51% of electors in the proposed area must formally object to the SSA in order for it not to be adopted. 2. Review, and if determined appropriate by City Council, approval of an Inducement Resolution which declares the City’s intent to seek external financing to fund the project. The Inducement Resolution states the City’s intention to consider reimbursing eligible project expenses of the project from future bond proceeds to be repaid through a special tax roll that would be assessed on properties within the SSA Area. Due to the estimated cost of the project, City staff has determined that it may be in the best interest of the parties involved in this project to externally finance the project through bond proceeds or other external financing means. 39 Proceedings of the Monday, December 5, 2016 Regular City Council Meeting The current estimate for the residents’ share of the project, for the installation of a new public sanitary sewer system, is $1,378,327. Staff has been provided additional information on these costs, a breakdown of which is provided below. Cost Item Preliminary Estimate Final Estimate Administrative, Legal and Easement Acquisition Fees $12,000 $12,000 Design engineering (Phase I-II) $37,500 $37,500 Construction Engineering (Phase III) $81,000 $81,000 Construction $1,117,570 $1,117,570 Construction Contingency $110,257 $110,257 Permit, Connection and Annexation Fees $135,408 - Bond Issuance Expenses $20,000 $20,000 Total Project Cost Estimate $1,513,735 $1,378,327 Total Cost Per Lot (if Pre-Paid) $54,062 $49,226 Total Cost Per Lot (with Financing) $72,945 $66,420 Annual Cost Per Lot $3,647 $3,321 Chairman Waldeck stated it should be noted that once construction bids are received by the City, and presented to the Public Works Committee on March 20, 2017, staff will recalculate these estimates. Private contractor costs associated with the installation and connection of a lateral service line to each residence; interior plumbing work; permit, connection and inspection fees (including City and North Shore Water Reclamation District connection fees); and decommissioning of septic tanks shall be the responsibility of each property owner in the SSA area and have not been included in the SSA tax. COUNCIL ACTION: If determined to be appropriate by the City Council: 1. Consideration to Open a Public Hearing for a proposed Special Service Area (SSA No. 41) for the Installation of a sanitary sewer system in the Winwood Drive neighborhood. Mayor Schoenheider asked for a motion to open a Public Hearing. Alderman Newman made a motion to open the Public Hearing, seconded by Alderman Moreno. The following voted “Yea”: Aldermen Waldeck, Beidler, Newman, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. The Public Hearing opened at 6:52 pm. ***OPEN THE PUBLIC HEARING*** Mayor Schoenheider asked if there was anyone from the public who would like to comment during the Public Hearing on this topic. The following people submitted their information: Zachery Eleveld, 1337 Winwood Drive, offered his opinion to the Council. Andrew Twyman, 1611 Winwood Drive, offered his opinion to the Council. Dorothy , Winwood Drive offered her opinion to the City Council. Myra & John Riley, 1225 Winwood Drive, offered their opinion to the City Council. 40 Proceedings of the Monday, December 5, 2016 Regular City Council Meeting The City Council had discussion on how the previous SSAs have been received in the past, property value impacts, and that these and a few other lots are left to hook up to sanitary sewer. The City Council also had discussion on the objection period. Chairman Waldeck reported that the Public Works Committee goal is to have all lots in the City of Lake Forest connected to sanitary sewer for the sake for public health. ***CLOSE THE PUBLIC HEARING*** The Public Hearing closed at 7:12 pm. Mayor Schoenheider asked for a motion to close the Public Hearing. Alderman Reisenberg made a motion to close the Public Hearing, seconded by Alderman Newman. The following voted “Yea”: Aldermen Waldeck, Beidler, Newman, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. 2. Consideration of an Inducement Resolution which declares the City’s intent to seek external financing to fund the project. (Approve by Motion) Mayor Schoenheider asked if there was anyone from the public who would like to comment on the topic. Seeing none, he asked for a motion. Alderman Tack made a motion to approve the consideration of an Inducement Resolution which declares the City’s intent to seek external financing to fund the project, seconded by Alderman Newman. The following voted “Yea”: Aldermen Waldeck, Beidler, Newman, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS David Mattoon, 1547 N Sheridan Road, offered a power point to the Council on behalf of Metra recognizing the Lake Forest Art Club. As Mayor Schoenheider previously reported -- there will be a public forum meeting on the Amtrak Hiawatha discussion, hosted by him and the City Manager on Monday, December 19 at the Gorton Community Center. Residents are invited to hear the process of the legislature, and express concerns and opinions. Mayor Schoenheider asked if there was anyone from the public who would like to comment on this topic. The following people submitted their information: JoAnn Desmond, 1681 Yale Ct, offered her opinion to the City Council. Carolyn Zafiriades, 1671 Harvard Ct, passed on speaking. Gene Minsky, 1690 Yale Ct, offered his opinion to the City Council. David Tanoka, 1142 Pine Oaks Circle, offered his opinion to the City Council. Richard Jaworski, 1670 Cornell Ct, passed on speaking. Wyn Cain, 1720 Marquette Ct, offered her opinion to the City Council. Carol Dall, 1660 Cornell Ct, offered her opinion to the City Council. Nancy Cooley, 1751 Stanford Ct, passed on speaking. Rick Dall, 1660 Cornell, offered his opinion to the City Council. Terry Desmond, 1681 Yale Ct, offered his opinion to the City Council. 41 Proceedings of the Monday, December 5, 2016 Regular City Council Meeting Mayor Schoenheider thanked all that came and shared their concerns with the Council and invited all to the meeting at Gorton Center on Monday, December 19. Mayor Schoenheider also stated that The City of Lake Forest will continue to work with legislators on all levels. If necessary, the Mayor will have authorization to act on behalf of the City Council on this issue. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the November 21, 2016 City Council Meeting Minutes 2. Approval of Check Register for Period October 29-November 25, 2016 3. Award of Contract for Information Technology Support for a One-Year Period 4. Approval of an Ordinance amending Ordinance No. 2015-58 Establishing the Lake Forest Special Service Area No. 40 – Regency Lane Area Sewer Improvement Project (First Reading and if desired by the City Council, Final Approval) 5. Consideration of an Ordinance Approving a Recommendation from the Building Review Board. (First Reading and if Desired by the City Council, Final Approval) COUNCIL ACTION: Approval of the five (5) Omnibus items as presented Mayor Schoenheider asked members of the Council if they would like to remove any item or take it separately. The City Council had a question on item #3 – can there be an expectation of additional cost reductions over time, and City Staff explained the contract represents a reduction in cost per hour. Mayor Schoenheider asked for a motion to approve the remaining five Omnibus items as presented. Alderman Beidler made a motion to approve the five omnibus items as presented, seconded by Alderman Moreno. The following voted “Yea”: Aldermen Waldeck, Beidler, Newman, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. Information such as Purpose and Action Requested, Background/Discussion, Budget/Fiscal Impact, Recommended Action and a Staff Contact as it relates to the Omnibus items can be found on the agenda. ORDINANCES ORDINANCES AFFECTING CODE AMENDMENTS NEW BUSINESS 1. Approval of an Agreement to Provide an Update to the Forest Park Bluff Stability Evaluation Robert Ells, Superintendent of Engineering, reported that staff is requesting City Council approval of an agreement with an engineering firm specializing in geotechnical analysis, to provide an update to the bluff restoration feasibility study for the bluff adjacent to Forest Park from Spring Lane to the North Beach Access Road. Mr. Ells stated that the original study looked at the area between Deerpath and Spring Lane with a 42 Proceedings of the Monday, December 5, 2016 Regular City Council Meeting focus on the Ring Road, and was completed in 2009. If approved the report will be completed by early February, 2017. Mr. Ells showed a photograph of a shallow slide event that staff noticed in May 2016, on the bluff on the east side of the south beach access road. The slide had begun to move and separate from the curb and roadway. Mr. Ells reported that in July, 2016, City Council approved an agreement with AECOM to further analyze the area from the lower end of the south beach access road, north to Forest Park’s drive entrance (approximately at Spring Lane). AECOM completed all topographical and cross sectional surveys of the area and provided the City with their recommendation and cost estimates to repair specific points along the bluff. He said that this issue was reviewed at the November 14, 2016 capital budget meeting and at the Finance Committee meeting. The Council was informed that a workgroup consisting of two Aldermen and various residents with related knowledge and interests in bluff and ravine repairs was formed and will meet during the months of December, January, and February. The group will review engineering reports on the bluff’s condition and provide a recommendation on any possible future capital projects to the Finance Committee at the March 13, 2017 budget meeting. Mr. Ells stated that the request is to provide an update to an analysis that was completed in 2009 for the remaining portion of the Forest Park bluff that was not evaluated this past summer (Spring Lane to the North Beach Access Road). Mr. Ells noted that while this is unrelated to the shallow slope failure on the south beach access road, the intent is to provide a comprehensive look at the condition of the bluff in all of Forest Park prior to making decisions on the scope of repairs along the south beach access road proposed to be completed in 2017. The design to repair the south beach access road’s bluff will be placed on hold until the workgroup’s recommendations are received by the Finance Committee. If AECOM’s proposal is approved this evening, similar to the access road’s repair project in 2011, staff will recommend AECOM not be used for the design of any bluff repairs and that a different engineering firm be hired to provide such services. The City Council had discussion on soil analysis, parts of the Bluff not previously studied, the parameters of and RFQ and RPF, AECOMS ability to perform the analysis and design work and taking a moment to mindful to look at the entire project. Mayor Schoenheider asked if there was anyone from the public who would like to comment on the topic. Seeing none, he asked for a motion. COUNCIL ACTION: Acknowledge the exception noted in Section 9.0-K of the City’s Purchasing Directive and approve an agreement with AECOM to perform a Forest Park Bluff Restoration Feasibility Study for the area near Spring Lane to the North Beach Access Road in the amount of $33,400. Alderman Moreno made a motion to acknowledge the exception noted in Section 9.0-K of the City’s Purchasing Directive and approve an agreement with AECOM to perform a Forest Park Bluff Restoration Feasibility Study for the area near Spring Lane to the North Beach Access Road in the amount of $33,400, seconded by Alderman Beidler. The following voted “Yea”: Aldermen Waldeck, Beidler, Newman, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION 1. Announcement of City Council Resignation; Appointment of Successor 43 Proceedings of the Monday, December 5, 2016 Regular City Council Meeting Alderman Michael Adelman stated that he will be stepping down effective upon adjournment of this City Council meeting, adding that it has been a pleasure to serve this community over the years on the Plan Commission to the Zoning Board of Appeals and to City Council. Mayor Schoenheider stated that the usual comments that are shared at the end of the term will be saved for the City Council meeting in May 2017. Mayor Schoenheider stated that on “behalf of the City Council and the residents of Lake Forest, thank you Alderman Adelman, your contributions have been extraordinary.“ Mayor Schoenheider asked for a motion to approve his appointment of Raymond Buschmann to complete the remaining term of Alderman Michael Adelman. Alderman Reisenberg made a motion to approve the Mayors appointment of Raymond Buschmann, seconded by Alderman Beidler. Motion carried unanimously by voice vote. Mayor Schoenheider wished everyone on behalf of the City Council, Merry Christmas, Happy Holidays and to have a Safe and Blessed New Year. ADJOURNMENT There being no further business. Alderman Adelman made a motion to adjourn, seconded by Alderman Waldeck. Motion carried unanimously by voice vote at 8:15 p.m. Respectfully Submitted, Margaret Boyer City Clerk A video of the City Council meeting is available for viewing at the Lake Forest Library and on file in the Clerk’s office at City Hall. You can also view it on the website by visiting www.cityoflakeforest.com. Click on I Want To, then click on View, then choose Archived Meetings Videos. 44 45 46 47 48 49 Distinctive. Innovative. Memorable. Whether a project involves original designs, renovation or restoration, our goals are always the same--meeting the specific needs of our clients while creating a golfing experience that is second to none. We look forward to working with you! A Proposal by Lohmann Golf Designs, Inc. Attention: Mr. Chuck Myers Superintendent of Parks & Forestry City of Lake Forest Park and Recreation Department 800 North Field Drive Lake Forest, IL 60045 847-810-3565 myersc@cityoflakeforest.com Submitted by: Todd A. Quitno Senior Project Architect Lohmann Golf Designs, Inc. 18250 Beck Road Marengo, IL 60152 815.923.3400 tquitno@lohmann.com October 31, 2016 Deerpath Golf Course Master Plan Construction Implementation 50 Lohmann Golf Designs, Inc 815.923.3400 www.lohmann.com October 31, 2016 Page 2 On behalf of Lohmann Golf Designs, Inc. we are pleased to offer the following proposal of services to assist the City of Lake Forest (herein referred to as "Owner") in the preparation of construction drawings, specifications, bidding and construction observation for improvements to the 18-hole Deerpath Golf Course. Construction drawing work will be based on the following portions of the overall Enhancement Study prepared under separate contract and dated March 10, 2016: ¾ Full cartpath system - Holes 1-18 ¾ Fairway drainage and related "wet basins" - Holes 1-15, and first half of 16 ¾ Tee upgrades - Holes 1-15 (including relocation of 1 and 10 tees) For the work entailed in this proposal, we are estimating the following schedule of completion: ¾ Plan development Nov 2016 to Feb 2017 ¾ Permit application(s) by Engineer Feb/March 2017 ¾ Project bidding April 2017 ¾ Project start (observation) September 5, 2017 The detailed scope of work shall consist of the following: Plan (and Permit) Development Review the overall design concepts and permitting strategy with the Engineer to determine the feasibility of the project approach. Prepare any scope revisions necessary based on preliminary reviews. Update cost estimates, if needed. Attend preliminary permit review meeting(s) with the Engineer and the local regulatory agency(ies) to determine permitting requirements and timeframes. Upon final scope approval from Owner, prepare the following plans for construction: ¾ Demolition, Clearing and Layout Plans – indicates removal of designated vegetation and man-made elements, and established control points for project layout ¾ Grading and Feature Drainage Plans – indicates detailed grading and subsurface drainage of all golf course features ¾ Mainline Drainage Plans – indicates size and location of all mainline drainage including catch basins, manholes, gravel sumps and tie-in locations ¾ Irrigation Plans (by sub-contractor) - indicates size and locations of all irrigation heads, pipe, wire and controls, including all pertinent hydraulic calculations. ¾ Restoration Plans – indicates type and location of seed and/or sod, haul road repairs, cart path additions/repairs and general site cleanup Scope of Services 51 Lohmann Golf Designs, Inc 815.923.3400 www.lohmann.com October 31, 2016 Page 3 ¾ Construction Details – indicates graphically how the work is to be performed in terms of material, size and relationships Provide the above documents to the Engineer and coordinate efforts for permit submittals. Attend any approval meeting(s) necessary with the various regulatory agencies. Prepare revisions to construction documents as needed to satisfy final permitting requirements. Bidding Prepare material specifications, bid form(s) and related documents as needed to bid the project to qualified contractors. Submit specifications to Owner for incorporation into front-end bidding documents. Provide a digital and hard copy of the construction document package. Assist the Owner in bidding the project to qualified contractors (provide list of qualified bidders), including attendance at one pre-bid meeting. Assist in bid evaluation and contract negotiation with the selected Contractor. All contracts to be prepared by the Owner. Construction Observation (Assumes construction over a 10 week period, starting starting after Labor Day through mid November, 2017) Attend a pre-construction meeting with the Owner and Contractor to review all pertinent aspects of construction and establish project timelines. Review work as it progresses and provide general guidance to the Contractor. Frequency and length of visits will be determined by the architect, depending on the type of work being completed at the time. Record and report job progress on a regular basis in the form of a progress report. Check and certify estimates prepared by the Contractor for partial payments as the work progresses, verify final installed quantities and prepare final certificates of payment. Paint (or verify) outlines of all greens, bunkers and fairways before grassing operations start. Fee Schedule: Based on the services outlined above, we estimate the following costs to complete each task. All costs include travel and living expenses: ¾ Plan (and Permit) Development $ 42,400 ¾ Bidding $ 4,800 ¾ Construction Observation $ 10,240 TOTAL $ 57,440 Fee Summary 52 Lohmann Golf Designs, Inc 815.923.3400 www.lohmann.com October 31, 2016 Page 4 Fees for additional services will be charged at our current hourly rates plus travel expenses, and must be agreed upon prior to execution of services. ¾ Golf Course Architect (Travel) $135 per hour ¾ Golf Course Architect (Design, Office or On-Site) $160 per hour ¾ GPS Surveying and Construction Layout $185 per hour The following items are NOT included as a part of this proposal: ¾ Engineering design ¾ Permit fees and applications ¾ Landscape planting design These General Terms and Conditions are appended to and expressly made a part of the Proposal dated October 31, 2016 to City of Lake Forest - Deerpath Golf Course (hereinafter referred to as “the Client”) from Lohmann Golf Designs, Inc. (hereinafter referred to as “Lohmann”). Upon execution by the Client, the Proposal, including these General Terms and Conditions, shall become our Agreement for Professional Services (hereinafter referred to as “Agreement”). ARCHITECT’S RESPONSIBILITIES The scope of the project shall be only as described in the Agreement and include only such work as Lohmann deems necessary to carry out and complete the project. The project scope shall not be altered except by mutual agreement and proper authorization to proceed. After the acceptance of any plans by the Client, and/or by the appropriate public agencies, any changes must be approved by Lohmann and agreement reached as to the additional compensation due Lohmann, if any. Estimates, opinions, and statements of probable construction cost prepared by Lohmann represent its best judgment as a design professional and are supplied for the general guidance of the Client. Because Lohmann has no control over the costs of labor and material, over Contractor’s methods of determining bid prices, or over competitive bidding or market conditions, Lohmann cannot and does not guarantee that any such estimates, opinions, or statements will not vary from Contractor’s bids or actual cost to the Client. CLIENT’S RESPONSIBILITIES The Client’s responsibilities (and associated costs) include the following: The Client shall designate, when necessary or appropriate for the expeditious completion of the Project, a representative authorized to act on its behalf with respect to the Project. The Client or its representative shall examine documents submitted by Lohmann. The client or its representative shall render decisions pertaining to such documents promptly in order to avoid unreasonable delay in the progress of the services to be performed by Lohmann under this Agreement. Terms 53 Lohmann Golf Designs, Inc 815.923.3400 www.lohmann.com October 31, 2016 Page 5 The Client shall furnish a certified land survey of recent date of the site of the Project giving, as applicable, grades and lines of streets, alleys, pavements, and adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements, and trees; and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths. The Client shall also furnish, as applicable, zoning restrictions, and hydrological information relating to the site. The Client shall furnish the services of consultants when Lohmann and Client deem such services necessary or appropriate for completion of the project. Such consultants may include, among others, soil engineers, irrigation consultants, civil engineers, and planners. Cost of such consultants must be approved by Client prior to services being rendered. Client shall be responsible for wetland, flood plain, and floodway delineation If requested by Lohmann, Client shall furnish evidence that financial arrangements have been made to fulfill the Client’s obligations under this Agreement. INDEMNIFICATION Client will indemnify, defend and hold harmless Lohmann, its officers, directors, employees, and Sub-contractors from and against all claims and actions, including attorneys’ fees, arising out of damages or injuries to persons or tangible property caused by a negligent act, error, or omission of Client or any of Client’s agents, trade contractors, and employees in the performance of Services under this Agreement. Client will not be responsible for any loss, damage, or liability arising from the sole negligence of Lohmann, or Lohmann’s sub-contractors, agents, staff or consultants. The Client shall make no demand for liquidated damages for delays or actual damages for delays, and no damages of any kind may be assessed against Lohmann for any delays or for delays or causes attributed to other Contractors or arising outside the scope of this Agreement. In the event that Client institutes legal action of any kind (suit, arbitration, etc.) against Lohmann because of any failure or alleged failure to perform, error, omission, or negligence, and if such legal action is not successfully prosecuted or if it is dismissed, or if the decision is rendered for Lohmann, Client agrees to pay Lohmann any and all costs of defense, including attorney’s fees, expert witness’ fees, and court costs and any and all other expenses of defense which may be necessary. Payment shall be made immediately following dismissal of the case or immediately upon a decision being rendered in behalf of Lohmann. TERMS OF PAYMENT The Client shall pay Lohmann monthly as the work proceeds, and the fees and reimbursable expenses shall be invoiced monthly as the work progresses on each phase. Lohmann shall determine the percentage of completion for purposes of the monthly billing. All invoices are due upon receipt. Lohmann reserves the right not to start work on the next phase until all invoices for work on the prior completed phase have been paid in full. Payment for a phase shall be considered approval and acceptance of Lohmann’s work on that phase. Overdue accounts are subject to a service charge of one percent (1.0%) per month on the unpaid balance. An account 54 Lohmann Golf Designs, Inc 815.923.3400 www.lohmann.com October 31, 2016 Page 6 is considered overdue if an invoice is not fully paid thirty (30) days after the date of the invoice. This is an annual rate of twelve percent (12%). Reimbursable expenses are in addition to the Basic Services Fee, the compensation for any Additional Services, and the compensation for any Project Representatives (unless the Proposal specifically includes these expenses). Reimbursable Expenses include actual expenditures made by Lohmann, their employees or consultants in the interest of the Project for the following: ¾ Transportation and living in connection with traveling for the Project. ¾ Blueprints, photocopies, and other reproductions (excluding copies for Lohmann’s office use and a duplicate set at each phase of the Project for Client’s review and approval); all expendable surveying supplies; and fees for securing approval of authorities having jurisdiction over the Project. ¾ Any additional insurance coverage or limits, including professional liability insurance, requested by the Client in excess of that normally carried by Lohmann. Invoices shall be considered correct as rendered if not questioned verbally within ten (10) calendar days of the date of the invoice. Failure to pay any invoice prior to its becoming overdue shall entitle Lohmann, upon five (5) days verbal notice, to suspend performance of services under this Agreement. Unless payment in full is received by Lohmann within five (5) days of the date of the notice, the suspension shall take effect without further notice. Lohmann shall have no liability to Client for delay or damage caused Client because of such suspension of services. The failure of Client to make payments to Lohmann in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. Should Lohmann bring any action or proceeding at law or in equity to enforce payment of unpaid invoices, together with any and all service charges, and if Lohmann recovers judgment in any sum, Lohmann shall also recover reasonable counsel fees, service charges, and interest, as well as litigation and collection expenses, witness fees, and court costs, of the maximum extent allowed by law. TERMINATION This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. This Agreement may be terminated by the Client, under the same terms, whenever the Client shall determine that termination is in its best interests. Cost of termination, including salaries, overhead and fee, incurred by Lohmann either before or after the termination date shall be reimbursed by the Client. In the event this Agreement is terminated, Lohmann shall be paid its compensation for services performed to the termination date, including reimbursable expenses then due. 55 Lohmann Golf Designs, Inc 815.923.3400 www.lohmann.com October 31, 2016 Page 7 This Proposal shall be considered revoked if acceptance is not received within thirty (30) days of the date hereof. Please sign below and return one copy as notice of your acceptance. We thank you for the opportunity to continue working with the City of Lake Forest on the improvement of Deerpath Golf Club! Respectfully submitted, LOHMANN GOLF DESIGNS, INC. Todd A. Quitno, ASGCA Senior Project Architect Accepted by: _______________________ Printed Name: ______________________ Title: _____________________________ Date: _____________________________ Acceptance 56 Page 1 of 8 BLR 05611 (Rev. 11/21/13) Printed on 11/23/2016 1:35:31 PM Local Agency City of Lake Forest County Lake Section 11-00090-02-SM Project No. TE-01D1(024) Job No. C-91-070-16 Contact Name/Phone/E-mail Address Robert Ells/847.810.3555 EllsR@cityoflakeforest.com L O C A L A G E N C Y Construction Engineering Services Agreement For Federal Participation C O N S U L T A N T Consultant Gewalt Hamilton Associates, Inc. Address 625 Forest Edge Drive City Vernon Hills State IL Zip Code 60061 Contact Name/Phone/E-mail Address Dan Strahan/847.821.6233 dstrahan@gha-engineers.com THIS AGREEMENT is made and entered into this day of , between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT described herein. Federal-aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation (STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used, they shall be interpreted to mean: Regional Engineer Deputy Director Division of Highways, Regional Engineer, Department of Transportation Resident Construction Supervisor Authorized representative of the LA in immediate charge of the engineering details of the PROJECT In Responsible Charge A full time LA employee authorized to administer inherently governmental PROJECT activities Contractor Company or Companies to which the construction contract was awarded Project Description Name Lake Forest Metra Station UP North Line Route Length Structure No. Termini Description: Interior building renovation/restoration. Agreement Provisions I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the engineering services for the LA, in connection with the PROJECT hereinbefore described and checked below: a. b. c. d. Proportion concrete according to applicable STATE Bureau of Materials and Physical Research (BMPR) Quality Control/Quality Assurance (QC/QA) training documents or contract requirements and obtain samples and perform testing as noted below. Proportion hot mix asphalt according to applicable STATE BMPR QC/QA training documents and obtain samples and perform testing as noted below. For soils, to obtain samples and perform testing as noted below. For aggregates, to obtain samples and perform testing as noted below. NOTE: For 1a. through 1d. the ENGINEER is to obtain samples for testing according to the STATE BMPR “Project Procedures Guide”, or as indicated in the specifications, or as attached herein by the LA; test according to the STATE BMPR “Manual of Test Procedures for Materials”, submit STATE BMPR inspection reports; and verify compliance with contract specifications. 57 Page 2 of 8 BLR 05611 (Rev. 11/21/13) Printed on 11/23/2016 1:35:31 PM e. f. g. Inspection of all materials when inspection is not provided at the sources by the STATE BMPR, and submit inspection reports to the LA and the STATE in accordance with the STATE BMPR “Project Procedures Guide” and the policies of the STATE. For Quality Assurance services, provide personnel who have completed the appropriate STATE BMPR QC/QA trained technician classes. Inspect, document and inform the LA employee In Responsible Charge of the adequacy of the establishment and maintenance of the traffic control. h. i. j. k. l. m. n. Geometric control including all construction staking and construction layouts. Quality control of the construction work in progress and the enforcement of the contract provisions in accordance with the STATE Construction Manual. Measurement and computation of pay items. Maintain a daily record of the contractor’s activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. Preparation and submission to the LA by the required form and number of copies, all partial and final payment estimates, change orders, records, documentation and reports required by the LA and the STATE. Revision of contract drawings to reflect as built conditions. Act as resident construction supervisor and coordinate with the LA employee In Responsible Charge. 2. 3. 4. 5. 6. 7. 8. 9. 10. Engineering services shall include all equipment, instruments, supplies, transportation and personnel required to perform the duties of the ENGINEER in connection with the AGREEMENT. To furnish the services as required herein within twenty-four hours of notification by the LA employee In Responsible Charge. To attend meetings and visit the site of the work at any reasonable time when requested to do so by representatives of the LA or STATE. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without the written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. The ENGINEER shall submit invoices, based on the ENGINEER’s progress reports, to the LA employee In Responsible Charge, no more than once a month for partial payment on account for the ENGINEER’s work completed to date. Such invoices shall represent the value, to the LA of the partially completed work, based on the sum of the actual costs incurred, plus a percentage (equal to the percentage of the construction engineering completed) of the fixed fee for the fully completed work. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable to improvement of the SECTION; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. That the ENGINEER shall be responsible for the accuracy of the ENGINEER’s work and correction of any errors, omissions or ambiguities due to the ENGINEER’S negligence which may occur either during prosecution or after acceptance by the LA. Should any damage to persons or property result from the ENGINEER’s error, omission or negligent act, the ENGINEER shall indemnify the LA, the STATE and their employees from all accrued claims or liability and assume all restitution and repair costs arising from such negligence. The ENGINEER shall give immediate attention to any remedial changes so there will be minimal delay to the contractor and prepare such data as necessary to effectuate corrections, in consultation with and without further compensation from the LA. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA. The undersigned certifies neither the ENGINEER nor I have: a) employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT; 58 Page 3 of 8 BLR 05611 (Rev. 11/21/13) Printed on 11/23/2016 1:35:31 PM b) agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c) paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. d) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; e) have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; f) g) are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (e) of this certification; and have not within a three-year period preceding this AGREEMENT had one or more public transactions (Federal, State or local) terminated for cause or default. 11. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 12. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 13. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the work called for in the AGREEMENT. 14. To be prequalified with the STATE in Construction Inspection when the ENGINEER or the ENGINEER’s assigned staff is named as resident construction supervisor. The onsite resident construction supervisor shall have a valid Documentation of Contract Quantities certification. 15. Will provide, as required, project inspectors that have a valid Documentation of Contract Quantities certification. II. THE LA AGREES, 1. To furnish a full time LA employee to be In Responsible Charge authorized to administer inherently governmental PROJECT activities. 2. To furnish the necessary plans and specifications. 3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services. 4. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee Formulas FF = 14.5%[DL + R(DL) + OH(DL) + IHDC], or FF = 14.5%[(2.3 + R)DL + IHDC] Where: DL = Direct Labor IHDC = In House Direct Costs OH = Consultant Firm’s Actual Overhead Factor R = Complexity Factor FF=Fixed Fee SBO = Services by Others Total Compensation = DL +IHDC+OH+FF+SBO Specific Rate (Pay per element) Lump Sum 59 Page 4 of 8 BLR 05611 (Rev. 11/21/13) Printed on 11/23/2016 1:35:31 PM 5. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: With Retainage a) For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment – Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. Without Retainage a) For progressive payments – Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment – Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 6. The recipient shall not discriminate on the basis on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT- assisted contracts. The recipient’s DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31U.S.C. 3801 et seq.). 7. To submit approved form BC 775 (Exhibit C) and BC 776 (Exhibit D) with this AGREEMENT. III. It is Mutually Agreed, 1. 2. 3. 4. That the ENGINEER and the ENGINEER’s subcontractors will maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and to make such materials available at their respective offices at all reasonable times during the AGREEMENT period and for three years from the date of final payment under this AGREEMENT, for inspection by the STATE, Federal Highway Administration or any authorized representatives of the federal government and copies thereof shall be furnished if requested. That all services are to be furnished as required by construction progress and as determined by the LA employee In Responsible Charge. The ENGINEER shall complete all services specified herein within a time considered reasonable to the LA, after the CONTRACTOR has completed the construction contract. That all field notes, test records and reports shall be turned over to and become the property of the LA and that during the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER’s possession and any such loss or damage shall be restored at the ENGINEER’s expense. That this AGREEMENT may be terminated by the LA upon written notice to the ENGINEER, at the ENGINEER’s last known address, with the understanding that should the AGREEMENT be terminated by the LA, the ENGINEER shall be paid for any services completed and any services partially completed. The percentage of the total services which have been rendered by the ENGINEER shall be mutually agreed by the parties hereto. The fixed fee stipulated in numbered paragraph 4d of Section II shall be multiplied by this percentage and added to the ENGINEER’s actual costs to obtain the earned value of work performed. All field notes, test records and reports completed or partially completed at the time of termination shall become the property of, and be delivered to, the LA. 5. 6. That any differences between the ENGINEER and the LA concerning the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA, and a third member appointed by the two other members for disposition and that the committee’s decision shall be final. That in the event the engineering and inspection services to be furnished and performed by the LA (including personnel furnished by the ENGINEER) shall, in the opinion of the STATE be incompetent or inadequate, the STATE shall have the right to supplement the engineering and inspection force or to replace the engineers or inspectors employed on such work at the expense of the LA. 60 Page 5 of 8 BLR 05611 (Rev. 11/21/13) Printed on 11/23/2016 1:35:31 PM 7. That the ENGINEER has not been retained or compensated to provide design and construction review services relating to the contractor’s safety precautions, except as provided in numbered paragraph 1f of Section I. 8. This certification is required by the Drug Free Workplace Act (30ILCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract or grant and debarment of contracting or grant opportunities with the State for at least one (1) year but no more than five (5) years. For the purpose of this certification, “grantee” or “contractor” means a corporation, partnership or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee’s or contractor’s workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (A) abide by the terms of the statement; and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the grantee’s or contractor’s policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation and employee assistance program; and (4) the penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is convicted, as required by section S of the Drug Free Workplace Act. (f) Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 9. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT-assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination this AGREEMENT or such other remedy as the LA deems appropriate. 61 Page 6 of 8 BLR 05611 (Rev. 11/21/13) Printed on 11/23/2016 1:35:31 PM Agreement Summary Prime Consultant: TIN Number Agreement Amount Gewalt Hamilton Associates, Inc. 36-3426053 $37,379.33 Sub-Consultants: TIN Number Agreement Amount Landmark Development Company 36-4149581 $27,420.00 Sub-Consultant Total: $27,420.00 Prime Consultant Total: $37,379.33 Total for all Work: $64,799.33 Executed by the LA: City of Lake Forest (Municipality/Township/County) ATTEST: By: By: Clerk Title: (SEAL) Executed by the ENGINEER: ATTEST: By: By: Title: Title: 62 L A K E F O R E S T L A N D M A R K D E V E L O P M E N T C O M P A N Y A R C H I T E C T U R E C O N S T R U C T I O N D E V E L O P M E N T 2 7 2 E A S T D E E R P A T H L A K E F O R E S T , I L T E L E P H O N E : 8 4 7 . 6 1 5 . 0 6 3 7 F A X : 8 4 7 . 6 1 5 . 9 1 1 6 Proposal for Construction Administration Services for Lake Forest Metra UP North Line Commuter Station Page 1 of 2 PROJECT DESCRIPTION: Proposal for Construction Administration Services For The Lake Forest Metra UP North Line Commuter Station Interior Renovations/ Restoration Project LAKE FOREST, IL November 21, 2016 Mr. Dan Strahan, P.E., CFM Gewalt Hamilton Associates, Inc. 625 Forest Edge Drive Vernon Hills, IL 60061 RE: Proposal for Construction Administration Services Lake Forest Metra UP North Line Commuter Station Stage III Interior Renovations Section # 11-00090-02-SM Project # TE-01D1(024) Job No. D-91-070-16 Dear Dan; Thank you for the opportunity to submit a proposal for Construction Administration Services for the Lake Forest Metra UP North Line Commuter Station Interior Renovations/ Restoration Project . Based on our meeting, we understand you are interested in the following scope of work: SCOPE OF WORK The Construction Documents were prepared for the City of Lake Forest by Legat Architects. It is our understanding that the project will be funded through the Illinois Department of Transportation (IDOT) which has specific procedural requirements. Gewalt Hamilton Associates Inc., (GHA) will be the project lead and will be responsible for the performance of the engineering services for the City of Lake Forest in connection with the Lake Forest Metra UP North Line Commuter Station Interior Renovations/ Restoration Project. Lake Forest Landmark Development (LFLD) will be responsible for the technical aspects of the construction administration services, while GHA will generally be responsible for the project management, documentation, and coordination with IDOT. Lake Forest Landmark Development’s services will include periodic on site observation of the work as well as review and approval of shop drawings, material submittals, review and approval of mock ups, responses to RFI’s, etc. In addition, we will attend weekly construction meetings on site. It is anticipated that the project may take up to 16 weeks and our fee has been developed accordingly. Based on the scope of services noted above and the personnel hour calculations attached below, we propose billing on a time and material basis with an approximate total of $27,420 (Twenty Seven Thousand Four Hundred 63 L A K E F O R E S T L A N D M A R K D E V E L O P M E N T C O M P A N Y A R C H I T E C T U R E C O N S T R U C T I O N D E V E L O P M E N T 2 7 2 E A S T D E E R P A T H L A K E F O R E S T , I L T E L E P H O N E : 8 4 7 . 6 1 5 . 0 6 3 7 F A X : 8 4 7 . 6 1 5 . 9 1 1 6 Proposal for Construction Administration Services for Lake Forest Metra UP North Line Commuter Station Page 2 of 2 Twenty Dollars). Should the scope of work exceed these assumptions or if the construction schedule is extended, Lake Forest Landmark Development will request a modification to this agreement. Lake Forest Landmark Development’s TIN is 36-4149581. PROJECT FEES NAME HOURS RATE FEE Principal 150 $170.00/hour $25,500.00 Reimbursable Expenses 16 wks. @ $120.00 $1,920.00 Total Fee $27,420.00 Other items of work not specifically addressed here shall be billed according to the current hourly rate. We estimate about 8 hours of work per week with project duration of 16 weeks, plus time for review of initial submittal and project coordination. Reimbursable expenses incurred for the project are in addition to the basic compensation and additional services and include expenses incurred by the Architect and employees in the interest of the Project, including but not limited to reproduction (blueprints), CADD plotting, models, copies, postage, photos, transportation, fuel, renderings or mock-ups. Reimbursable expenses will be billed without mark up for the amounts incurred by the Architect directly to GHA. We understand you have a very tight time frame to complete the work and will do our best to be available upon request for meetings and site visits to expedite the process. If you have any questions please feel free to contact me at 847/812-9907. Respectfully submitted, L A K E F O R E S T L A N D M A R K D E V E L O P M E N T C O M P A N Y Kristine Boyaris, Principal 64 November 23, 2016 GHA Proposal No. 2016.CS112 Page 1 of 5 Exhibit A City of Lake Forest Phase III – Construction Engineering Services Lake Forest Metra UP North Line Commuter Station Interior Renovation/Restoration Section #: 11-00090-02-SM Project #: TE-01D1(024) Job #: C-91-070-16 GHA Proposal No. 2016.CS112 City of Lake Forest (Client), 800 N. Field Drive, Lake Forest, IL 60045, and Gewalt Hamilton Associates, Inc. (GHA), 625 Forest Edge Drive, Vernon Hills, IL 60061, agree and contract as follows: I. Project Understanding The City of Lake Forest proposes to complete interior renovation and restoration of the Metra UP Commuter Station, located at 691 North Western Avenue. The scope of work will include interior construction as needed to construct restroom facilities in accordance with plans prepared by Legat Architects. GHA proposes to provide construction engineering services for this federally funded project. Landmark Development Company will also provide construction engineering services as a subconsultant to GHA. II. Scope of Services Our scope of services will include the following: A. GHA will perform or be responsible for the performance of the engineering services for the City in connection with the Lake Forest Metra UP North Line Commuter Station Exterior Restoration project. Landmark Development Company will be responsible for the technical aspects of the construction engineering services, while GHA will generally be responsible for project management, documentation, and coordination with IDOT. 1. Landmark Development Company will provide periodic observation of materials installed by the contractor. Landmark Development Company will review and approve shop drawings, diagrams, illustrations, brochures, catalog data, schedules and samples, the results of tests and inspections, and other data which the Contractor is required to submit to confirm compliance with the Contract Documents. 2. GHA will inspect, document, and inform the City of the adequacy of the establishment and maintenance of traffic control. 3. GHA services include measurement and computation of pay items and will process ICORs and authorizations in accordance with IDOT standards. 4. GHA will maintain a daily record of the contractor’s activities throughout construction including sufficient information to permit verification of the nature and cost of changes in plans and authorized extra work. GHA will notify the City of any required change orders prior to authorization. 5. GHA will conduct weekly progress meetings as necessary to review status and schedules. Landmark Development Company will attend the weekly progress meetings. 6. GHA & Landmark Development Company will conduct a final inspection to determine if the project has been completed in general accordance with the Contract Documents and the Contractor has fulfilled obligations there under so that the Consultant may recommend, in writing, final payment to the Contractor. 7. Upon substantial completion of the project, GHA will prepare a punch list in coordination with Landmark Development Company. 65 November 23, 2016 GHA Proposal No. 2016.CS112 Page 2 of 5 III. Engineering Staff and Project Schedule Mr. Daniel J. Strahan, P.E., CFM will function as the Project Manager for the project. Senior Engineer Technician, Mr. Dave Marquardt will be performing the onsite construction coordination and documentation. Other professional staff will assist with the project as needed. This proposal is based on an estimated 16-week construction schedule. IV. Compensation for Services Based on the scope of services noted above and the man-hour calculations below, we propose billing on a time and material basis with an approximate total of $64,799.33. Should the scope of work exceed these assumptions or full-time Resident Engineering services are required beyond the specified estimated construction schedule, GHA will request a modification to this Agreement. Reimbursable expenses such as printing, photos, travel, etc., shall be billed directly to the Client without mark up. For budgeting purposes, we anticipate approximately $850.00 for reimbursable expenses, as indicated above. No permit fees or review fees are included in this proposal. Invoices will be submitted on a time and material basis and will detail services performed. Statements of GHA charges made against a project are submitted to clients every four weeks. This allows the client to review the status of the work in progress and the charges made. As part of the GHA statement, a separate review of the Man-Hour Estimate within the original scope will be provided. Additional hours considered to be outside the original scope of services will be identified. Should GHA determine that the original Man-Hour Estimate is to be exceeded; a written modification to the proposal will be required. V. General Conditions of this Agreement The delineated services provided by Gewalt Hamilton Associates, Inc., (GHA) under this Agreement will be performed as reasonably required in accordance with the generally accepted standards for civil engineering and surveying services as reflected in the contract for this project at the time when and the place where the services are performed. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or GHA. GHA’s services under this Agreement are being performed solely for the Client’s benefit, and no other party or entity shall have any claim against GHA because of this Agreement or the performance or nonperformance of services hereunder. In no event shall GHA be liable for any loss of profit or any consequential damages. GHA shall not have control of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for job site safety measures. Such control is the sole responsibility of the Client’s contractor. The Client and GHA agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding mediation in Chicago, Illinois unless the parties mutually agree otherwise. This Agreement, including all subparts and Attachment A, which is attached hereto and incorporated herein as the General Provisions of this Agreement, constitute the entire integrated agreement between the parties which may not be modified without all parties consenting thereto in writing. Encl.: Attachment A 66 November 23, 2016 GHA Proposal No. 2016.CS112 Page 3 of 5 ATTACHMENT A TO GEWALT HAMILTON ASSOCIATES, INC. PROFESSIONAL SERVICES AGREEMENT The delineated services provided by Gewalt Hamilton Associates, Inc., (GHA) under this Agreement will be performed as reasonably required in accordance with the generally accepted standards for civil engineering and surveying services as reflected in the contract for this project at the time when and the place where the services are performed. The terms of this Agreement are subject to renegotiation if not accepted within 60 days of the date indicated on the contract. Requests for extension beyond 60 days should be made in writing prior to the expiration date. The fees and terms of the Agreement shall remain in full force and effect for one year from the date of acceptance of the Agreement, and shall be subject to revision at that time, or any time thereafter, if GHA gives written notice to the other party at least 60 days prior to the requested date of revision. In the event that the parties fail to agree on the new rates or other revisions, either party may terminate this Agreement by giving the other party 10 days written notice. Payments are due within (30) days after a statement is rendered. Fees not paid within 60 days of the end of the calendar month in which the statement is rendered will bear interest at the rate of one percent (1.0%) per month until paid. The provision for the payment of interest shall not be construed as authorization to make payments late. Failure of the Client to make payments when due shall, at the option of GHA, be cause for suspension of services. Upon notification by GHA of suspension of services, Client shall make payment of all outstanding invoices within seven days. Client’s failure to make such payment to GHA shall constitute a material breach of the Agreement and shall be cause for termination by GHA. GHA shall be entitled to reimbursement of all costs actually incurred by GHA in collecting overdue accounts under this Agreement, including, without limitations, legal fees and costs. The Client’s obligation to pay for the professional services provided is in no way dependent upon the Client’s ability to obtain financing, rezoning, payment from a third party, approval of governmental or regulatory agencies or the Client’s successful completion of the project. The Client and GHA agree that any documents prepared by either party shall conform to the specifications listed in the Engineering Agreement. Any electronic files submitted by GHA to the Client are submitted for an acceptance period of 10 days. Any defects the Client discovers during this period will be reported to GHA and will be corrected as part of GHA’s Basic Scope of Services. Corrections of defects detected and reported after the acceptance period will be compensated for as Additional Services. The Client acknowledges GHA’s plans and specifications, including field data, notes, calculations, and all documents or data on electronic media, as instruments of professional service. The plans and specifications prepared under this Agreement shall become the property of the Client upon completion of the services and payment in full of all monies due to GHA. However, GHA shall retain ownership rights over all electronic data and documents. The Client shall not reuse or make or permit to be made any modification to the plans, specifications, or electronic data without the prior written authorization of GHA. The Client agrees to waive any claim against GHA arising from any unauthorized reuse or modification of the plans and specifications or electronic data. The Client agrees, to the fullest extent permitted by law, to defend and indemnify and hold GHA harmless from any damage, liability or cost, including attorneys’ fees and costs, arising from any reuse or modification of the plans, specifications, or electronic data by the Client or any person or entity which acquires or obtains the plans, specifications, or electronic data from or through the Client. The client is aware that differences may exist between the electronic files delivered and the printed plans and specifications. In the event of a conflict between the signed and/or sealed printed plans and specifications prepared by GHA and electronic files, the signed and/or sealed printed plans and specifications shall govern. The Americans with Disabilities Act (ADA) provides that it is a violation of the ADA to design and construct a facility for first occupancy later than January 26, 1993, that does not meet the accessibility and usability requirements of the ADA except where an entity can demonstrate that it is structurally impractical to meet such requirements. The Client acknowledges that the requirements of the ADA will be subject to various, and possibly contradictory interpretations. GHA, therefore, will use reasonable professional efforts to interpret applicable ADA requirements and other federal, state and local laws, rules, codes, ordinances, and regulations as they apply to the project. GHA, however cannot and does not warrant or guarantee that the Client’s project will comply with interpretations of ADA requirements and/or requirements of other federal, state and local laws, rules, codes, ordinances, and regulations as they apply to the project. 67 November 23, 2016 GHA Proposal No. 2016.CS112 Page 4 of 5 If required by the contracted scope of services, GHA, shall prepare an opinion of probable construction costs, which shall be submitted to the Client for review. Since GHA has no control over the cost of labor, materials, or equipment, or over the contractor’s methods of determining prices, or over competitive bidding or market conditions, opinions of probable costs, if called for by this Agreement as part of GHA’s scope, shall be made on the basis of experience and qualifications applied to the program contemplated by the Agreement and information provided by Owner, and represent a reasonable judgment as a design professional familiar with the construction industry. However, GHA cannot and does not guarantee or warrant that proposals, bids, or the actual construction costs will not vary from opinions of probable cost prepared for the Client. If the Client wishes greater assurance as to the construction cost, Client agrees it will employ an independent cost estimator. If required by the Scope of Services, GHA shall visit the project at defined intervals during construction to become generally familiar with the progress and quality of the contractors’ work to determine if the work is proceeding in general conformance with the Contract Documents. Client agrees that GHA does not have control of and is not responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal, State and County safety requirements, in connection with construction work performed by the Client’s construction contractors. GHA is not responsible for the supervision of Client’s construction contractors, subcontractors, materialmen, suppliers, or any of their employees, agents and representatives of such contractors; or responsible for any machinery, construction equipment, and tools used and employed by contractors and subcontractors in the project. GHA, Inc. has no authority or right to stop the work. In no event shall GHA be liable for the acts or omissions of Client’s construction contractors, subcontractors, materialmen or suppliers, or any persons or entities performing any of the construction work, or for failure of any of them to carry out their work as called for by the Construction Documents. Neither the professional activities of GHA, nor the presence of GHA or its employees and subconsultants (if any) at a construction site, shall relieve the Contractor or any other entity of their obligations, duties and responsibilities including but not limited to, construction means, methods, sequence, techniques, or procedures necessary for performing, superintending or coordinating all portions of the Work in accordance with the Contract Documents and any health or safety precautions required by any regulatory agencies or industry practice. GHA personnel have no authority or right to exercise any control or direction over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Client agrees that the Contractor is solely responsible for jobsite safety, and warrants that this intent shall be included in the Client’s agreement with the Contractor. The Client also agrees that the Client, GHA, and GHA’s personnel and consultants shall be defended/indemnified by the Contractor for all claims asserted against GHA which arise out of the Contractor’s or its subcontractors’ negligence, errors or omissions in their performance of their work, and shall also be named as an additional insured under the Contractor(s)’s general liability insurance policy. It is acknowledged by both parties that GHA’s scope of services does not include any services related to asbestos, mold, fungus or any other hazardous or toxic materials, contaminants or pollutants. In the event that GHA, or any other party encounters asbestos mold, fungus or any other hazardous or toxic materials, contaminants or pollutants at the job site, or it should become known in any way that such materials may be present at the jobsite or any adjacent areas that may affect the performance of GHA, GHA may, at its option and without liability for consequential or any other damages, suspend performance of its services on the project until the Client retains appropriate specialist consultants or contractors to identify, abate and/or remove the asbestos, mold, fungus or any other hazardous or toxic materials, contaminants or pollutants and further warrant that the jobsite is in full compliance with applicable laws and regulations. If required by the scope of services, records drawings (or revised specifications) will be prepared, in part, on the basis of information compiled and furnished by others, the accuracy of which GHA may reasonably rely upon, GHA will not be responsible for any errors or omissions, which have been incorporated into this document due to information furnished by others. When preparing civil engineering or surveying plans and drawings, information on existing underground utilities or soil conditions is provided from the best information available. This information may be obtained from visible surface evidence, utility company records or soil borings, and is not represented to be the exact location of these utilities or soils in the fields. Client agrees that GHA may reasonably rely on the accuracy of information furnished by third parties. Contractor is solely responsible for exact utility locations. Client shall not hold GHA responsible for Contractor’s error/omission in the utility locations. Client agrees GHA is not responsible for additional costs, which result from utility conflicts or unforeseen conditions. If the Client wishes to obtain the services of a contractor to provide test holes and exact utility locations, GHA, may incorporate that information into the design and reasonably rely upon same. If not included in the scope of services, such work will be compensated as additional services. 68 November 23, 2016 GHA Proposal No. 2016.CS112 Page 5 of 5 The Client agrees to limit GHA’s professional liability to the Client and to all construction contractors, or subcontractors on the project arising from GHA, Inc.’s alleged negligent acts, errors, or omissions, such that the total aggregate liability of GHA, Inc. to all those named shall not exceed $50,000 or GHA’s total fee for the services rendered on this project, whichever is greater. GHA, Inc. makes no warranties, either expressed or implied, including any warranty of habitability, merchantability or fitness for any particular purpose. In no event shall GHA be liable for any loss of profit or any consequential damages. All claims, disputes, controversies or matters in question arising out of or relating to this Agreement or any breach thereof, including but not limited to disputes arising out of alleged design defects, breaches of contract, errors, omissions, or acts of professional negligence (collectively “disputes”) shall be submitted to mediation before and as a condition precedent to any other remedy. Upon written request by either party to this Agreement for mediation of any dispute, the Client and GHA shall select by mutual agreement a neutral mediator. Such selection shall be made within ten (10) calendar days of the date of receipt by the other party of the written request for mediation. In the event of failure to reach such agreement or in any instance when the selected mediator is unable or unwilling to serve and a replacement mediator cannot be agreed upon by Client or GHA within ten (10) calendar days, a mediator shall be chosen as specified in the Construction Industry Mediation Rules of the American Arbitration Association then in effect. Mediation shall take place in Chicago, Illinois unless the Client and GHA agree otherwise. The fees of the mediator(s) and costs incurred by the mediator(s) shall be apportioned equally between the parties. Either the Client or GHA may terminate this Agreement without penalty at any time with or without cause upon giving the other party ten (10) calendar days prior written notice. The Client shall, within thirty (30) calendar days of termination pay GHA for all services rendered and all costs incurred up to the date of termination, in accordance with compensation provisions to this Agreement. The Client shall also reimburse GHA termination expenses, including, but not limited to, those associated with demobilization, reassignment of personnel and space and equipment costs. Client shall not assign this Agreement without GHA’s written consent. 69 Exhibit B COST ESTIMATE OF CONSULTANT SERVICES FIRM Gewalt Hamilton Associates DATE PTB OVERHEAD RATE 1.7 PRIME/SUPPLEMENT Prime COMPLEXITY FACTOR 0 DBE OVERHEAD IN-HOUSE Outside SERVICES DROP ITEM MANHOURS PAYROLL &DIRECT FIXED Direct BY DBE TOTAL BOX FRINGE BENF COSTS FEE Costs OTHERS TOTAL (A)(B)( C )(D)(E)(F)(G)(H)(B-G) Project Coordination & Documentation 40 1,736.20 2,951.54 679.72 5,367.46 Construction Observation & Documentation 320 10,354.80 17,603.16 4,053.90 32,011.86 Subconsultant DL 0.00 0.00 TOTALS 360 12,091.00 20,554.70 0.00 4,733.63 0.00 0.00 0.00 37,379.33 DBE COST PLUS FIXED FEE PREPARED BY THE AGREEMENTS UNIT Printed 11/23/2016 1:34 PM70 Exhibit C City of Lake Forest Phase III – Construction Engineering Services Lake Forest Metra UP North Line Commuter Station Interior Renovation/Restoration Section #: 11-00090-02-SM Project #: TE-01D1(024) Job #: C-91-070-16 GHA Proposal No. 2016.CS112 Direct Cost Estimate Estimated Expenses: Printing Expenses Estimated at: = $250.00 Vehicle Expense Estimated at: 1200 miles at $0.50/mile = $600.00 Direct Cost Estimate Total = $850.00 Construction Documents 0 Full Size Plans - 23 sheets x 4 sets x 6sf/sheet x $0.25/sf $138 Half Size Plans - 23 sheets x 4 sets x 2sf/sheet x$0.25/sf $46 Misc. Shipping Costs $66 71 Printed 1/6/2017 Page 1 of 5 BLR 05310 (Rev. 09/03/15) Local Public Agency City of Lake Forest State Contract Day Labor Local Contract X RR Force Account Local Public Agency Agreement for Federal Participation Section 11-00090-02-SM Fund Type ITEP ITEP, SRTS, or HSIP Number(s) 120122 Construction Engineering Right-of-Way Job Number Project Number Job Number Project Number Job Number Project Number C-91-070-16 TE-01D1(025) This Agreement is made and entered into between the above local public agency, hereinafter referred to as the “LPA”, and the State of Illinois, acting by and through its Department of Transportation, hereinafter referred to as “STATE”. The STATE and LPA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans prepared by, or on behalf of the LPA, approved by the STATE and the STATE’s policies and procedures approved and/or required by the Federal Highway Administration, hereinafter referred to as “FHWA”. Location Local Name Metra UP North Line Commuter Station Route n/a Length n/a Termini Metra UP North Line Current Jurisdiction LPA TIP Number 10-11-0019 Existing Structure No n/a Project Description Stage III renovation of the interior of the Lake Forest Metra Commuter Station, UP North LIne Division of Cost Type of Work ITEP % % LPA % Total Participating Construction 226,247 ( * ) ( ) 432,843 ( BAL ) 659,090 Non-Participating Construction ( ) ( ) ( ) Preliminary Engineering ( ) ( ) ( ) Construction Engineering 24,431 ( * ) ( ) 40,368 ( BAL ) 64,799 Right of Way ( ) ( ) ( ) Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) Materials TOTAL $ 250,678 $ $ 473,211 $ 723,889 *Maximum FHWA (ITEP) participation 80% not to exceed $250,678.00. NOTE:  The costs shown in the Division of Cost table are approximate and subject to change. The final LPA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above. Local Public Agency Appropriation By execution of this Agreement, the LPA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to fund the LPA share of project costs. A copy of the authorizing resolution or ordinance is attached as an addendum (required for State-let contracts only) Method of Financing (State Contract Work Only) METHOD A---Lump Sum (80% of LPA Obligation) METHOD B--- Monthly Payments of due by the of each successive month. METHOD C---LPA’s Share Balance divided by estimated total cost multiplied by actual progress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) 72 Printed 1/6/2017 Page 2 of 5 BLR 05310 (Rev. 09/03/15) Agreement Provisions THE LPA AGREES: (1) To acquire in its name, or in the name of the STATE if on the STATE highway system, all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established State policies and procedures. Prior to advertising for bids, the LPA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LPA, and the STATE and the FHWA, if required. (2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required. (5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and the FHWA, the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain, for a minimum of 3 years after final project close-out by the STATE, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LPA agrees to cooperate fully with any audit conducted by the Auditor General and the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. (8) To provide if required, for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement. (9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA. (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LPA will pay to the STATE within thirty (30) calendar days of billing, in lump sum, an amount equal to 80% of the LPA’s estimated obligation incurred under this Agreement. The LPA will pay to the STATE the remainder of the LPA’s obligation (including any nonparticipating costs) within thirty (30) calendar days of billing in a lump sum, upon completion of the project based on final costs. Method B - Monthly Payments. Upon award of the contract for this improvement, the LPA will pay to the STATE, a specified amount each month for an estimated period of months, or until 80% of the LPA’s estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LPA’s obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method C - Progress Payments. Upon receipt of the contractor’s first and subsequent progressive bills for this improvement, the LPA will pay to the STATE within thirty (30) calendar days of receipt, an amount equal to the LPA’s share of the construction cost divided by the estimated total cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid. Failure to remit the payment(s) in a timely manner as required under Methods A, B, or C, shall allow the STATE to internally offset, reduce, or deduct the arrearage from any payment or reimbursement due or about to become due and payable from the STATE to LPA on this or any other contract. The STATE, at its sole option, upon notice to the LPA, may place the debt into the Illinois Comptroller’s Offset System (15 ILCS 405/10.05) or take such other and further action as my be required to recover the debt. (11) (Local Contracts or Day Labor) To provide or cause to be provided all of the initial funding, equipment, labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right-of-way acquisition for, or actual construction of, the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which the project is federally authorized, the LPA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the project is federally authorized, the LPA will repay the STATE any Federal Funds received under the terms of this Agreement. 73 Printed 1/6/2017 Page 3 of 5 BLR 05310 (Rev. 09/03/15) (14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission (ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT’s District Bureau of Operations. The LPA is responsible for the payment of the railroad related expenses in accordance with the LPA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer’s Payment Estimates shall be in accordance with the Division of Cost on page one. (15) And certifies to the best of its knowledge and belief its officials: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with commission of any of the offenses enumerated in item (b) of this certification; and (d) have not within a three-year period preceding the Agreement had one or more public transactions (Federal, State, local) terminated for cause or default. (16) To include the certifications, listed in item 15 above, and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LPA’s concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LPA’s certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions; (c) The LPA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) To complete this phase of the project within three (3) years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,00 0). (23) To comply with the federal Financial Integrity Review and Evaluation (FIRE) program, which requires States and subrecipients to justify continued federal funding on inactive projects. 23 CFR 630.106(a)(5) defines an inactive project as a project which no expenditures have been charged against Federal funds for the past twelve (12) months. To keep projects active, invoicing must occur a minimum of one time within any given twelve (12) month period. However, to ensure adequate processing time, the first invoice shall be submitted to the STATE within six (6) months of the federal authorization date. Subsequent invoices will be submitted in intervals not to exceed six (6) months. (24) The LPA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment, certified time sheets or summaries, vendor invoices, vendor receipts, cost plus fix fee invoice, progress report, and personnel and direct cost summaries.and other documentation supporting the requested reimbursement amount (Form BLRS 05621 should be used for consultant invoicing purposes). LPA invoice requests to the STATE will be submitted with sequential invoice numbers by project. 74 Printed 1/6/2017 Page 4 of 5 BLR 05310 (Rev. 09/03/15) The LPA will submit to the STATE a complete and detailed final invoice with applicable supporting documentation of all incurred costs, less previous payments, no later than twelve (12) months from the date of completion of this phase of the improvement or from the date of the previous invoice, which ever occurs first. If a final invoice is not received within this time frame, the most recent invoice may be considered the final invoice and the obligation of the funds closed. (25) The LPA shall provide the final report to the appropriate STATE district within twelve months of the physical completion date of the project so that the report may be audited and approved for payment. If the deadline cannot be met, a written explanation must be provided to the district prior to the end of the twelve months documenting the reason and the new anticipated date of completion. If the extended deadline is not met, this process must be repeated until the project is closed. Failure to follow this process may result in the immediate close-out of the project and loss of further funding. (26) (Single Audit Requirements) That if the LPA expends $750,000 or more a year in federal financial assistance they shall have an audit made in accordance with 2 CFR 200. LPAs expending less than $750,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE (Office of Finance and Administration, Audit Coordination Section, 2300 South Dirksen Parkway, Springfield, Illinois, 62764), within 30 days after the completion of the audit, but no later than one year after the end of the LPA’s fiscal year. The CFDA number for all highway planning and construction activities is 20.205. Federal funds utilized for constructon activities on projects let and awarded by the STATE (denoted by an “X” in the State Contract field at the top of page 1) are not included in a LPA’s calculation of federal funds expended by the LPA for Single Audit purposes. (27) That the LPA is required to register with the System for Award Management or SAM (formerly Central Contractor Registration (CCR)), which is a web-enabled government-wide application that collects, validates, stores, and disseminates business information about the federal government’s trading partners in support of the contract award and the electronic payment processes. To register or renew, please use the following website: https://www.sam.gov/portal/public/SAM/#1. The LPA is also required to obtain a Dun & Bradstreet (D&B) D-U-N-S Number. This is a unique nine digit number required to identify subrecipients of federal funding. A D-U-N-S number can be obtained at the following website: http://fedgov.dnb.com/webform. THE STATE AGREES: (1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LPA’s certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LPA to proceed with the construction of the improvement when Agreed Unit Prices are approved, and to reimburse the LPA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer’s Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) For agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction work: (a) To reimburse the LPA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LPA; (b) To provide independent assurance sampling, to furnish off-site material inspection and testing at sources normally visited by STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction and federal Buy America provisions. (2) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation within one (1) year of the date of execution of this Agreement. (3) This Agreement shall be binding upon the parties, their successors and assigns. (4) For contracts awarded by the LPA, the LPA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT – assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LPA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT – assisted contracts. The LPA’s DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the STATE may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for 75 Printed 1/6/2017 Page 5 of 5 BLR 05310 (Rev. 09/03/15) enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31U.S.C. 3801 et seq.). In the absence of a USDOT – approved LPA DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE’s USDOT approved Disadvantaged Business Enterprise Program. (5) In cases where the STATE is reimbursing the LPA, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (6) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of that Act exempt its application. ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1- Location Map, Number 2 – LPA Appropriation Resolution (Insert Addendum numbers and titles as applicable) The LPA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all Addenda indicated above. APPROVED APPROVED Local Public Agency State of Illinois Department of Transportation Donald P. Schoenheider Name of Official (Print or Type Name) Randall S. Blankenhorn, Secretary Date Mayor By: Title (County Board Chairperson/Mayor/Village President/etc.) Aaron A. Weatherholt, Deputy Director of Highways Date Omer Osman, Director of Highways/Chief Engineer Date (Signature) Date The above signature certifies the agency’s TIN number is William M. Barnes, Chief Counsel Date 36-6005960 conducting business as a Governmental Entity. DUNS Number 070160429 Jeff Heck, Chief Fiscal Officer (CFO) Date NOTE: If the LPA signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required. 76 City of Lake Forest Location: Lake Forest Metra Station UP North Line Section No.: 11-00090-02-SM Project No.: TE-01D1(025) Job No.: C91-070-16 Lake County R E S O L U T I O N WHEREAS, The City of Lake Forest of is attempting to improve the existing East Side Metra Train Depot; and WHEREAS, the cost of said improvement has necessitated the use of federal funds; and WHEREAS, the federal fund source requires a match of local match; and NOW THEREFORE, BE IT RESOLVED by THE CITY of LAKE FOREST authorized Seventy One Thousand Two Hundred Forty-Five dollars and Twenty-Eight Cents, ($71,245.28), or as much may be needed to match federal funds in the completion of Section Number 11-00090-02- SM. BE IT FURTHER RESOLVED that the MAYOR and CITY MANAGER be and are hereby authorized and directed to execute the LOCAL AGENCY AGREEMENTS and any other such documents related to advancement and completion of said project; and BE IT FURTHER RESOLVED that the Clerk is hereby directed to transmit three certified copies of this resolution to the Illinois Department of Transportation through the Division of Transportation and one certified copy to the CITY through the Office of the City Engineer. Enacted and approved this 17th day of JANUARY , 2017 , at The City of Lake Forest, Illinois. Mayor ATTEST: City Clerk 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 January 9, 2017 Mr. Robert Kiely, City Manager City of Lake Forest 220 E. Deerpath Lake Forest, IL 60045 Dear Bob, Thank you for the opportunity to work with Lake Forest in assessing your building permit and inspectional services functions. The steps outlined below describe a program to review those operations and consider recommendations for enhancement. The work steps reflect our conversations regarding the project, understanding of the City, review of the relevant NRC survey results, the 2006 process evaluation, and our experience working with communities regarding their permitting services. Our proposed process will evaluate how building permits are approved and inspections conducted by the City, specifically by considering: • The permit review process and its specific steps, • any recent changes to work volumes and practices, • the physical space of relevant City offices and customer service areas, • the use of technology and other systems, • the roles of staff members providing the service, • information communicated to customers, how that is done, and by whom, • how City policy and standards are interpreted and applied, • involvement of each City department in the review, approval, inspection and enforcement processes, • ongoing interactions with applicants through the approval process, • the role of the boards and commissions in the process, and • the various perspectives on the process and customer service. Scope of Services Task 1: Data Collection and Evaluation: As a first step to the project, we will meet with you and the Community Development Director (and others as you may choose) to discuss permitting and inspections processes, including how the service has changed in recent years. We will want to understand metrics used by the City to define successfully providing these services (such as time needed to issue permits or lead time required for inspections). We will also look to determine what applicable information is available and refine the community input approach. 162 The next step will be to collect and evaluate information regarding the permit and inspection functions. For this step, we would request that City compile information (or direct us to where it is located on the City website) regarding the following, to the extent this information is available: • forms that are completed by applicants, • forms completed and maintained by staff (particularly as relates to plan routing and approval), • number of permit applications received annually (by type) by the City over past three years, • number of inspections conducted annually (by type) by the City over past three years, • data available on length of time required to complete building permit reviews, • any statistics regarding customer service contacts (such as number of phone calls or customer visits to Community Development and other departments), • flow charts for permitting related procedures, • organizational charts of Community Development and other Departments / Divisions involved in permitting services, • frequency/number of permit application “re-reviews” conducted for plans submitted, • frequency/number of inspections conducted as a follow up to failed initial inspections, • summary of technology used to facilitate review and inspection, and • other information you feel would be useful to the process. We will review the information collected to develop preliminary findings and further questions about the permitting process to be addressed in Task 2. As part of the data collection task we will prepare a short, on-line survey to solicit input from past applicants of building permit processes. The purpose of the survey will be to solicit general impressions of those systems and specific descriptions of the customer service experience. The survey will include both fixed choice and open ended questions. In depth descriptions of experience with the process will be encouraged. Surveys will be anonymous to support frank responses. Task 2: Permit Process Evaluation: In follow up to the evaluation in Task 1, we will conduct the meetings outlined below. We propose that meetings in steps 1 and 2 be conducted over a single day and that meetings in step 3 be held on a separate full day). 1. “Walk” an application through the development approval process at City offices. This will provide an opportunity to meet (informally) with available staff to discuss the process generally, as well as their roles, responsibilities, and insights to established systems. This task also will provide observations about how the physical space related to plan review and customer interactions may impact the service. 2. Meet with permits and inspection staff in groups interviews to understand in detail their roles and perspectives on the permit and inspections process 3. Conduct group interviews with builders, contractors, realtors and City commissioners familiar with the permit and inspection process to understand their interactions with and perspectives on the process. We would work with City staff to identify potential candidates for interviews assuring that they are representative and not systematically cherry picked. 4. Conduct a community open house and specifically invite residents, business owners, and landlords that have had permit work done in their homes or businesses to hear their thoughts on the process. These people may not have dealt with the permitting and inspection process directly (as their 163 contractors might have done that for them) but their experiences are important to understanding how the service is perceived by the community. The open house will be set up to invite written input and facilitate individual and group discussions. 5. Meet with managers and other key staff members from City departments involved in the permitting process to collect their insights (may be done as group or individual meetings). As an outcome of these analyses and discussions, we will identify preliminary findings regarding the permit and inspection process. Findings will be summarized in a brief, draft report. We would meet with you, the Community Development Director, and others as you choose to review the preliminary findings. Consideration would include reviewing the context in which permit process strengths and weaknesses exist and confirming next steps in the process. As needed, the draft report will be revised. A presentation of the preliminary findings report will be made to the City Council to provide them with an update on the project. In addition, at the meeting we will conduct a workshop discussion through which the Council will be asked to define priorities for permitting services objectives. Since system enhancements may have funding implications and typically include trade off in costs and services, understanding areas of emphasis from City elected officials will be essential in developing sound, realistic recommendations. To understand local best practices in permit and inspection systems, we will interview officials from three to five communities considered comparable to Lake Forest or as having model permitting programs related to areas of potential improvement for Lake Forest. Approaches to addressing key service issues identified from these interviews will be incorporated into the Task 3 report. Task 3: Observations and Recommendations: We will prepare a draft final report outlining observations and recommendations for system enhancement. As appropriate, performance measures to determine success of enhancements will be noted. Recommendations will be presented in terms of short, medium, and long term enhancements and may include: training for staff, training for development community and other customers, updating applicant and public outreach information and information portals, changing review process work flow, changing submittal requirements, role of commissioners in the process, changes to regulation policies, and changing the physical space of the community area. We will meet with you and City management staff to review the study findings. Based on input from that meeting, findings would be refined as necessary and provided to the City as a final report. As a final step in the process, we will attend a City Council meeting to present the findings and answer any questions. Project staff, budget and schedule: Michael Blue and I will be the primary Teska staff members on this assignment, responsible for attending all meetings and drafting all documents. We propose to conduct the outlined work program for a not to exceed fee of $24,900, inclusive of all expenses. Anticipating a project start immediately following Council approval, as soon as mid-January: • We would begin then with the project kick off meeting with you and the Community Development Director to finalize data, interviews for the project and this schedule. • We anticipate data review, the on-line survey and interviews can be completed by the end of February. 164 • We would prepare a preliminary findings memo for review with you and the CD Director in early March. • We would be prepared for presentation to the City Council in late March. • Best practice research could also be conducted during March with a final report and presentation to the City Council by mid April. Again, thank you for the opportunity to work with the City of Lake Forest on this project. We look forward to your review of the work program and discussing it with you further. Sincerely, Lee Brown, FAICP President 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195