PUBLIC WORKS COMMITTEE 2017/04/17 PacketPUBLIC WORKS COMMITTEE MEETING
MONDAY, APRIL 17, 2017 – 5:00 P.M.
CITY HALL – UPSTAIRS CONFERENCE ROOM
AGENDA
I. ROLL CALL/CALL TO ORDER
Cathy Waldeck, Chairman
Stanford Tack
Michelle Moreno
Timothy Newman
II. APPROVAL OF THE APRIL 3, 2017 PUBLIC WORKS COMMITTEE MEETING MINUTES
III. REVIEW AND RECOMMENDATION TO CITY COUNCIL OF AN AWARD OF BID FOR THE
NORTH WESTERN AVENUE STREETSCAPE PROJECT – BOB ELLS
IV. REVIEW AND RECOMMENDATION TO CITY COUNCIL OF AN AWARD OF BID FOR THE
PONDS SUBDIVISION OUTLET REPAIR PROJECT – BOB ELLS
V. DISCUSSION OF LIGHTED CROSSWALK SIGNAGE – BOB ELLS & DAN MARTIN
VI. NEXT MEETING – TBD
VII. ADJOURNMENT
PUBLIC WORKS COMMITTEE MEETING MONDAY, APRIL 3, 2017 – 5:00 P.M.
CITY HALL – UPSTAIRS CONFERENCE ROOM
I. ROLL CALL/CALL TO ORDER
Chairman Cathy Waldeck called the meeting to order at 5:15 P.M. Alderman
Stanford Tack was present. Alderman Timothy Newman was present via speaker
phone.
Not in Attendance: Aldermen Michelle Moreno.
Staff in attendance included Michael Thomas, Director of Public Works; Dan
Martin, Superintendent of Public Works; Bob Ells, Superintendent of Engineering;
Mike Strong, Assistant to the City Manager; Elizabeth Holleb, Director of Finance;
John Gulledge, Supervisor of Water & Sewer Utilities; and Jim Lockefeer,
Management Analyst.
Also in attendance was Brian Hackman, P.E. Strand Associates and resident
Charles Kohlmeyer of 1656 Bowling Green Drive.
II. MARCH 15, 2017 PUBLIC WORKS COMMITTEE MEETING MINUTES
Chairman Waldeck moved to approve the March 15, 2017 Public Works
Committee meeting minutes. Alderman Tack seconded the motion, which
carried unanimously.
III. REVIEW AND RECOMMENDATION TO CITY COUNCIL OF EAST SIDE TRAIN
STATION INTERIOR RENOVATION BIDS – MIKE STRONG & DAN MARTIN
Assistant to the City Manager Mike Strong explained that bids were opened for
stage three, interior improvements, of the East Side Train Station Project. He
explained that City received approximately $2.1 million in grant funds for the
entire Train Station Project from the Illinois Transportation Enhancement Program
(ITEP). He explained that this past fall the exterior restoration portion of the
project was completed. The final stage to be completed is interior
improvements stage. Assistant to the City Manager Strong explained that this
will also be before City Council tonight.
Assistant to the City Manager Mike Strong explained that the scope of work
includes relocation and expansion of restroom facilities, replacement and
reinforcement of flooring and sub-flooring in south tenant space area, and the
installation of historically-accurate tiling. He explained that during this
construction period, the train station will remain open and access to the facility
will not be impeded. At the end of construction, a passage into the main lobby
will be maintained through new opening to south.
Assistant to the City Manager Mike Strong explained that the City received two
bids for interior improvements. The low bid, from MAG Construction, Inc.,
submitted a bid of $364,344.05. He explained that City staff is recommending
the low bid, from MAG Construction, Inc., to complete the interior
improvements. MAG Construction completed the exterior restoration portion of
this project. City staff felt that MAG Construction managed the exterior
renovations very well and that they worked well with meeting IDOT
requirements. Assistant to the City Manager Mike Strong explained that the City
had $213,435 available in ITEP grant funds. The City will need to allocate the
remaining $110,927 budgeted in the capital fund for the entire train station
project, in order to complete the interior improvement phase. In addition, the
City has received $30,000 from Metra that will also be allocated to this final
project phase. Assistant to the City Manager Strong explained that the City has
contributed approximately $550,000 toward the $2.9 million entire East Side Train
Station project. He explained that substantial work has been able to be
completed at the station with less than a 20% contribution from the City. He
explained that the project will be closed out this year. He explained that if City
Council approves the MAG Construction bid tonight, construction will most likely
begin in mid to late May. Construction is estimated to conclude in early
September, 2017. He explained that City staff is requesting a recommendation
be made from the Public Works Committee to the City Council, that City
Council award the bid to MAG Construction. Assistant to the City Manager Mike
Strong explained that another potential option, since the two bids came in over
City staff’s estimate, is to decline the two submitted bids and go back out to bid
again. He explained that in talking to contractors, he found that the reasons
why other contractors chose not to bid on this project was because of project
timing and the IDOT process. He added that the exterior improvement phase
also only received two bids. He explained that if the City was to go out to bid
again that the City would potentially receive the same bids and the project
timeline would be pushed into late fall or early winter.
Alderman Tack explained that delaying the project in hopes of the City
receiving additional lower bids may not end up being worth it. Chairman
Waldeck agreed, unless City staff expected that a much lower bid could be
potentially received. Alderman Tack inquired about City staff’s original
estimate. Assistant to the City Manager Strong explained City staff’s original
estimate for interior improvements was $325,000. Alderman Newman inquired
about seasonality and if the project was delayed, would lower bids be
received. Assistant to the City Manager Strong explained City staff does not
believe that delaying the project and going out to bid again would result in
lower bids.
Chairman Waldeck made a motion to recommend awarding the bid to MAG
Construction, Inc., to complete the East Side Train Station interior renovations to
City Council. Alderman Tack seconded the motion, which carried unanimously.
IV. REVIEW AND RECOMMENDATION TO CITY COUNCIL OF THE WATER PLANT
PROJECT BIDS – MICHAEL THOMAS & DAN MARTIN
Public Works Director Michael Thomas noted that a significant amount of work
has been done by both the Public Works Committee and staff in preparing for
the project’s award of bid. He said that staff was happy to present the bids
that were received for the project. He introduced Brian Hackman and
explained that Brian and his team at Strand Associates having been working
very hard on this project.
Brian Hackman explained that Strand Associates was approved, by the City
Council, to design a 14 million per gallon a day membrane system and to
evaluate a construction timeline during final design. Brian Hackman then
explained all of the project components which include: membrane system
replacement, chemical storage and feed system relocation, control system
updates, 4th floor space repurposing and relocation, and clearwell baffling. He
then explained that there was a great deal of interest this project generated
among bidders. Ultimately, three bids were received with JJ Henderson and
Son, Inc. as the low apparent bidder. Their total lump sum bid was $8,818,000.
The next two higher bidders came in at approximately $9.6 million. If JJ
Henderson is selected total project cost (to include construction engineering
and contingency) is estimated at $9.8 Million.
Alderman Tack asked if there would be any reason to not accept JJ Henderson
and Son, Inc. as the low bid. Brian Hackman explained that JJ Henderson is
regularly engaged in water treatment plant projects. They just completed a
membrane project in Highland Park. They were also involved in the original
construction of the Lake Forest Treatment Plant. He explained there is no reason
to not accept their low bid.
Chairman Waldeck inquired about the large gap between JJ Henderson’s low
bid and the two higher bids. Brian Hackman explained that JJ Henderson is
regularly low against other bidders. They have a very strong handle on the
water treatment facility business in the Northern Illinois area. He explained that
JJ Henderson was fully aware of the other two higher bids and were still
comfortable at their bid price.
Chairman Waldeck made a motion to recommend contract 3-2017 award to
JJ Henderson and Son, Inc. the bid to construct the water plant project in the
amount of $8,818,000, and that Strand Associates’ Construction Engineering
Services Task Order 17-01 in the amount of $570,000 be recommended for
approval, and that a project contingency of 5% ($441,000) also be
recommended for approval to City Council. Alderman Tack seconded the
motion, which carried unanimously.
V. REVIEW AND RECOMMENDATION TO CITY COUNCIL OF LANDFILL DISPOSAL FEES -
MICHAEL THOMAS
Director Thomas explained that the purchasing policy requires that larger
procurement pricing is confirmed on a somewhat regular basis. For many years
landfill tipping fees were confirmed and / or updated on an annual basis. There
are two landfills in the county, Waste Management in Grayslake and Advanced
Disposal in Zion. Advanced Disposal has been less expensive over the past 15
years. In 2014, under the direction of Mayor Cowhey, he suggested that the City
seek a longer term contract with idea the City would obtain better prices per
ton and that an agreement should be negotiated instead of placed out to bid.
At landfills, when contracts are bid, those bids always requires the CEO’s of
those organizations to approve such bids before they are submitted; this
ultimately increases the price per ton. Significantly better pricing is received
when negotiations typically remain local with the landfill’s general manager. This
process was done in 2014 and a three year agreement was entered into with
Advance Disposal. Director Thomas explained that the current Advanced
Disposal renewal agreement is due in June so staff took the opportunity to
negotiate with both landfills.
City staff is recommending entering into a five year agreement with Advanced
Disposal. Director Thomas explained that the City currently pays $51.42 per ton. If
the City enters into the agreement with Advanced Disposal the City will save
approximately $80,000 during the first contract year. The price per ton in the first
contract year will be $39.50. He explained the drop in price per ton is most likely
due to a major waste hauler, Groot Disposal, now having their own transfer
station in Hainesville, Illinois. They used to bring their material to both Advanced
Disposal and Waste Management. The landfills want to ensure that material
continues to be brought to them. He explained that both organizations were
very aggressive in their pricing. A few sanitation trucks were sent to Waste
Management’s landfill last week in order to develop some pros and cons for
each of the landfills. Overall, Advanced Disposal’s landfill was preferred.
Advanced has a larger dumping area, a maintained landfill road, a woodchip
dumping area, an unmanned scale, and is open Saturdays 7:00 a.m. – 11:00
A.M.
Chairman Waldeck inquired about the rate per ton and if there was any reason
to expect those rates to fall in the future. Director Thomas explained that he
thought those rates would not fall. He explained City staff reviewed the last time
the City went to Waste Management, which was approximately 15 years ago,
and paid just over $39.00 per ton.
Chairman Waldeck made a motion to recommend to City Council that the City
enter into a five year agreement with Advanced Disposal. Alderman Tack
seconded the motion, which carried unanimously.
VI. NEXT MEETING – APRIL 17, 2017 5:00 P.M. @ CITY HALL
VII. ADJOURNMENT
Chairman Waldeck moved to adjourn the meeting of the Public Works
Committee at 5:46 P.M. Alderman Tack seconded the motion, which carried
unanimously.
Respectfully submitted,
Jim Lockefeer Jr.
Management Analyst
Award of Bid for the North Western Avenue Streetscape Project
STAFF CONTACT: Robert Ells, Superintendent of Engineering (810-3555)
PURPOSE AND ACTION REQUESTED: Staff is requesting City Council approval of a bid for
the North Western Avenue Streetscape Project.
BACKGROUND/DISCUSSION: Lake Forest has long recognized the relationship between
an attractive, well maintained streetscape and a competitive business environment. An
aesthetically appealing Central Business District (CBD) provides an inviting place that
can attract new businesses and residents as it enhances the quality of the environment
for people to live, work, and play. With this in mind, and in an effort to enhance the
appearance of the North Western Avenue’s pedestrian environment in the northern
corridor, the Civic Beautification Committee and the City developed a new
streetscape plan. The new streetscape will create a high quality and attractive
environment throughout this area that will evoke a sense of pride, care and safety for
people who live, work and visit in Lake Forest. The project creates a comfortable,
attractive and low maintenance pedestrian environment that is functional, unified in
design, and aesthetically pleasing.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
Public Works Committee 04/17/17 Reviewed & Approved
City Finance Committee 03/14/16 Informational Only
Public Follow-Up Session 03/01/16 Design Plan Well Received
Civic Beautification Committee On-Going Recommend Design Plan
Public Visioning Session 10/08/15 Provided Insight/Input for
Improvements
BUDGET/FISCAL IMPACT: Bids for the North Western Avenue Streetscape Project were
received and opened on March 31, 2017. The City received a total of six bids.
Bidder Bid Amount
Landmark Contractors, Inc. $ 308,840.94
Schroeder Asphalt Services, Inc. $ 310,932.44
A Lamp Concrete Contractors, Inc. $ 324,411.60
D’Land Construction, LLC. $ 335,948.05
Landmark Contractors, Inc. has considerable experience performing this type of work
and is IDOT Certified.
If awarded, work on this project will commence on or around May 1, 2017 and will be
completed by August 4, 2017. Upon award of the contract, the City will meet with the
contractor to develop a schedule for the execution of work. Engineering staff will
provide daily oversight and inspections of the construction.
Below is an estimated summary of the project budget:
FY2018 Funding
Source
Account Number
Account
Budget
Amount
Requested
Budgeted?
Y/N
MFT Fund 202-0001-439-76-93 $327,000 $327,000 Y
COUNCIL ACTION: Staff recommends City Council award a bid for the North Western
Avenue Streetscape contract to Landmark Contractors, Inc. in the amount of
$308,840.94. In addition, staff is requesting that City Council authorize to expend, if
necessary, the remaining $18,159.06 for any unforeseen conditions that might result in
change orders with the contractor.
Schroeder and Schroeder, Inc. $ 360,572.60
Alliance Contractors, Inc. $ 439,122.50
Engineer’s Estimate $ 327,190.00
Award of Bid for the Ponds Subdivision Outlet Repair Project
PRESENTED BY: Public Works Committee Chairman Waldeck
STAFF CONTACT: Robert W. Ells, Superintendent of Engineering (810-3555)
PURPOSE AND ACTION REQUESTED: Staff recommends awarding a bid for the Ponds
Subdivision Outlet Repair Project to John Keno & Company, Inc.
BACKGROUND/DISCUSSION: The Ponds Subdivision stormwater detention facilities
overflow control structures are in need of repair due to undermining (seepage of water)
below the structures. The repairs are necessary to keep the functionality of the
detention ponds intact. By making these maintenance improvements, the ponds will
overflow within their designated areas and not cause overland flooding in adjacent
land.
The overall project includes removal or partial removal, of three existing pond outlet
structures and replacing them with concrete pipe outlet structures. Attached on page
___ of this agenda is a map and pictures of each of the three outlet structures.
Over the years, the condition of the ponds and the related drainage structures has
deteriorated, and the City and the HOA have disputed who is responsible for
maintaining the ponds. Over the past twelve months, the City and HOA have discussed
means to address the repair of the ponds, as well as their long-term maintenance.
Beginning on page ____ of this agenda is a draft agreement between the City and the
HOA. Essentially, the City agrees to undertake the repairs and pay all design,
construction, oversight, and management costs in connection with the project. Upon
completion of the project, the HOA agrees to be fully and solely responsible for all
future maintenance, repairs, and rehabilitation of the ponds in perpetuity without cost
or expense to the City. Additionally, the HOA agrees to remove, and not to re-establish,
signage along the outlots (including the entryways) that limits access the outlets to
residents of the Association only.
BUDGET/FISCAL IMPACT: Bids for the Ponds Subdivision Outlet Repair Project were
received and opened on April 6, 2017. The City received the following five bids:
BIDDER BID AMOUNT
John Keno and Company, Inc. $117,203.45
Canyon Contracting $124,677.00
RA Mancini, Inc. $139,525.00
DK Contractors $161,655.00
Campanella & Sons, Inc. $169,610.20
Engineer’s Estimate $90,000.00
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The low bidder, John Keno and Company, Inc. has previously worked in The City of Lake
Forest on several comparable projects over the last five years. The projects have been
completed on time and the work was satisfactory to Engineering’s staff.
If approved by City Council, the project would commence on or about July 10th and be
completed by the end of July. Upon confirming the start date of the project, a letter will
be sent to the residents within the limits of the project two weeks prior to start of
construction. The City’s website, under “Construction Updates”, will also provide details
on the construction schedule.
Below is an estimated summary of project budget:
FY2018 Funding
Source
Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
Capital Fund $90,000 $128,924 Y
Staff is requesting that the City exceed its original budget of $90,000. If savings are not
realized in other FY ‘18 capital improvement projects to pay for this overage, an
appropriation ordinance would be submitted at the end of the fiscal year.
COUNCIL ACTION: Award the Ponds Subdivision Outlet Repair Project to John Keno
and Company, Inc. in the amount of $117,204. In addition, staff is requesting that City
Council authorize to expend, if necessary, an additional amount not to exceed 10% of
the contract amount, for any unforeseen change orders that may occur during this
project. Therefore, the total contract cost is not expected to exceed $128,924.
{00015661} 1
This instrument prepared by
And, following recording, to
Be returned to:
Filippini Law Firm LLP
990 Grove Street, Suite 220
Evanston IL 60201
(Attn.: Victor P. Filippini, Jr.)
MEMORANDUM OF DRAINAGE SETTLEMENT AGREEMENT
(THE CITY OF LAKE FOREST AND THE PONDS HOMEOWNERS ASSOCIATION)
This MEMORANDUM OF AGREEMENT (the “Memorandum”) is made as of
____________________, 2017, by and between THE CITY OF LAKE FOREST, an Illinois
municipal special charter home rule municipal corporation (the “City”), and THE PONDS
HOMEOWNERS ASSOCIATION, an Illinois not-for-profit corporation (the “HOA”)(the City and
HOA are collectively referred to as the “Parties”).
Section 1. Recital.
a. The City and HOA have entered into a certain “Drainage Settlement Agreement”
dated ________________, 2017 (the “Agreement”) regarding responsibilities for drainage
facilities within the Ponds Subdivision, which is legally described in Exhibit 1 attached hereto
(the “Property”).
b. A condition of the Agreement is that this Memorandum be recorded against the
Property.
Section 2. Notice of Agreement. This Memorandum is being recorded against the
Property to notify all persons regarding the existence of the Agreement and the fact of its impact
on the responsibilities relating to the drainage facilities within the Ponds Subdivision.
IN WITNESS WHEREOF, the Parties have caused this Memorandum to be recorded in
the Office of the Lake County Recorder.
[Signature pages to follow.]
{00015661} 2
THE CITY OF LAKE FOREST,
an Illinois municipal corporation
By:
Name: Robert R. Kiely, Jr., City Manager
STATE OF ILLINOIS )
) SS.
COUNTY OF LAKE )
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY
CERTIFY, that Robert R. Kiely, Jr., as City Manager of THE CITY OF LAKE FOREST, an Illinois
municipal corporation, personally known to me to be the same person whose name is subscribed to the
foregoing instrument appeared before me this day in person and acknowledged that he signed and
delivered the said instrument as his own free and voluntary act and as the free and voluntary act of said
municipal corporation for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this __________________, 2017.
SEAL
Notary Public
My Commission expires:
THE PONDS HOMEOWNERS ASSOCIATION,
an Illinois not-for-profit corporation
By:
Its
STATE OF ILLINOIS )
) SS.
COUNTY OF LAKE )
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY
CERTIFY, that ______________________, as __________________ of THE PONDS HOMEOWNERS
ASSOCIATION, an Illinois not-for-profit corporation, personally known to me to be the same person
whose name is subscribed to the foregoing instrument appeared before me this day in person and
acknowledged that he signed and delivered the said instrument as his own free and voluntary act and as
the free and voluntary act of said municipal corporation for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this __________________, 2017.
SEAL
Notary Public
My Commission expires:
{00015661} 3
EXHIBIT 1
Legal Description of the Ponds Subdivision
Robert W. Kendler’s Ponds Subdivision of those parts of the west half of the southwest quarter
of Section 4 and of the southeast quarter of Section 5, Township 43 North, Range 12, east of
the Third Principal Meridian, according to the plat thereof, recorded July 5, 1978, as document
1928655, in Book 66 of Plats, Pages 18, 19, and 20, in Lake County, Illinois.
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1
DRAINAGE SETTLEMENT AGREEMENT
(THE CITY OF LAKE FOREST AND THE PONDS HOMEOWNERS ASSOCIATION)
This DRAINAGE SETTLEMENT AGREEMENT (“Agreement”) is dated
_______________, 2017 (“Effective Date”), by and between THE CITY OF LAKE FOREST, an
Illinois municipal special charter home rule municipal corporation (the “City”), and THE PONDS
HOMEOWNERS ASSOCIATION, an Illinois not-for-profit corporation (the “HOA”)(the City and
HOA are collectively referred to as the “Parties”).
IN CONSIDERATION OF the recitals and mutual covenants and agreements set forth in
this agreement, the parties agree as follows:
Section 1: Recitals.
A. Within the City, there exists a subdivision titled “Robert W. Kendler’s Ponds
Subdivision” (the “Ponds Subdivision”), within which there are certain drainage detention
facilities.
B. The Ponds Subdivision was approved pursuant to “An Ordinance Granting a
Special Use Permit to Allow a Planned Cluster Development for Property Located at the
Southeast Corner of Westleigh Road and Skokie Highway” (the “Special Use Permit”). As a
condition of the approval of the Ponds Subdivision, the Special Use Permit also provided for the
recordation of a certain “Declaration of Covenants for the Ponds Subdivision,” dated April 13,
1978 and recorded in the Office of the Lake County recorder as document 1928656 (the
“Declaration of Covenants”).
C. The approval of the Ponds Subdivision was also based upon certain plans
prepared by James Anderson Company and approved by the City Engineer (the
“Plans")(collectively, the Declaration of Covenants, Plans, and Special Use Permit are
collectively referred to as the “Establishing Documents”).
D. The Establishing Documents describe Outlots A, B, C, and D, all of which are
located within the Ponds Subdivision. Outlots A, B, C, and D are legally described on Exhibit A
attached hereto and made a part hereof (the “Outlots”). The drainage detention facilities and
structures located on Outlots A, C, and D (the "Ponds") within the Ponds Subdivision are the
private property of the HOA.
E. Over the years, the condition of the Ponds has deteriorated, and the City and the
HOA have disputed who is responsible for maintaining Ponds (the “Dispute”).
F. Notwithstanding such Dispute, the City and HOA have discussed means to
address the repair of the Ponds, as well as the long-term maintenance of the Ponds. To that
end, the City has directed its consulting engineers Gewalt Hamilton Associates, Inc. (the “City
Engineer”) to prepare engineering plans (the “Project Plans”) for the repair of the Ponds (the
“Project”), which Project Plans are attached hereto as Exhibit B. Based on the Project and the
Project Plans, the Parties agree to resolve their Dispute as more fully set forth in this
Agreement.
Section 2: The City’s Obligations.
A. The Project Generally. Subject to the terms of this Agreement, the City agrees to
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2
undertake the Project pursuant to the Project Plans. The HOA hereby approves the Project
Plans. The City agrees to pay all design, construction, oversight, and management costs and
expenses in connection with the Project (“Project Costs”).
B. Performance Standards. The City shall oversee and manage the Project and
cause to be performed all work (“Work”) necessary to complete the Project in a good and
workmanlike manner and in accordance with the Project Plans and this Agreement. The City
agrees to comply with all applicable federal laws, state laws, and regulations and shall, its own
expense, obtain all necessary permits, licenses, consents, and other approvals for the performance
of the Work.
C. Allowance of Inspections. The City shall provide the HOA or its designated
agents reasonable opportunities to inspect the Work; provided that such inspections shall be
coordinated with the City Engineer.
D. Project Schedule. It is anticipated that the Work on the Project will commence
after July 1, 2017 and be completed by October 1, 2017.
Section 3. HOA’s Agreements and Undertakings.
A. Access to City for the Work. The HOA acknowledges and agrees that the City,
its employees, contractors, agents, and representatives (the “City Representatives”) shall have
the right to enter upon the Outlots for purposes of undertaking and completing the Project
pursuant to the Project Plans, and the HOA further grants the City Representatives all rights of
access necessary for such purposes.
B. Maintenance of the Ponds. Upon the satisfactory completion of the Project as
reasonably determined by the City Engineer in consultation with the HOA, the HOA agrees to be
fully and solely responsible for all future maintenance, repairs, and rehabilitation of the Ponds in
perpetuity without cost or expense to the City. To the extent that the City receives any
contractor guaranty with respect to the Work, the City agrees either: (i) to assign or cause to be
assigned such guaranty to the HOA, or (ii) exercise its rights pursuant to any such guaranty on
behalf of the HOA. Except to the extent of any guaranty that the City receives from its
contractor, the City does not guaranty the Work or the Project from any defects.
C. Access to Outlots. The HOA agrees to remove, and not to re-establish, signage
in, upon, or along the Outlots (including the entryways thereto) that limits access to the Outlots
only to residents of the Ponds Subdivision. This Subsection 3.C does not limit the HOA’s rights
(subject to compliance with all applicable laws, ordinances, and regulations) other generally
applicable signage relating to the Ponds or their use.
Section 4: Indemnity/Hold Harmless/Release.
220. To the fullest extent permitted by law, the City agrees to indemnify, defend, and
hold harmless the HOA and its respective directors, administrators, officers,
agents, employees, successors, assigns, and all other persons, firms, and
corporations acting on their behalf or with their authority, from and against any
and all injuries, liabilities, losses, damages, costs, payments, and expenses of
every kind and nature (including, without limitation, court costs and attorneys’
fees) for claims, demands, actions, suits, proceedings, judgments, and
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3
settlements arising out of the City’s performance of its obligations under this
Agreement. The indemnities contained in this Section shall survive termination of
this Agreement.
b. To the fullest extent permitted by law, the HOA agrees to indemnify, defend , and
hold harmless the City, its elected and appointed officers, officials, attorneys, agents,
employees, representatives, successors, assigns, and all other persons, firms, and corporations
acting on its behalf or with its authority, from and against any and all injuries, liabilities, losses,
damages, costs, payments, and expenses of every kind and nature (including, without limitation,
court costs and attorneys’ fees) for claims, demands, actions, suits, proceedings, judgments,
and settlements arising out of the HOA’s performance of its obligations under this Agreement.
The indemnities contained in this Section shall survive termination of this Agreement.
Section 4: Joint Obligations.
220. The Parties agree to do all things reasonably necessary or appropriate to carry
out the terms and provisions of this Agreement, including, without limitation, the
enactment of such resolutions and ordinances, the execution of such permits,
applications, and agreements, and the taking of such other actions as may be
necessary to enable the Parties’ compliance with the terms and provisions of this
Agreement.
b. Neither Party shall assign this Agreement to any person or entity without the prior
written consent of the other Party.
c. The City and the HOA agree that this Agreement is for the benefit of the Parties
and not for the benefit of any third-party beneficiary. No third party shall have any rights or
claims against the HOA or the City arising from this Agreement.
Section 5: Recordation: The Parties shall execute and cause to be recorded against the
Ponds Subdivision the “Memorandum of Agreement” attached hereto as Exhibit C and made
a part hereof.
Section 6: Amendment. The HOA and the City agree that no change or modification to this
Agreement or any Exhibits or attachments hereto, shall be of any force or effect unless such
amendment is dated, reduced to writing, executed by both Parties, and attached to and made a
part of this Agreement.
Section 7: General Provisions.
A. Counterparts. This Agreement may be simultaneously executed in several
counterparts, each of which so executed shall be deemed to be an original, and such
counterparts together shall constitute one and the same instrument.
B. Entire Agreement. This Agreement represents the entire Agreement between
the HOA and the City. This Agreement shall be construed in accordance with the internal laws
of the State of Illinois. This Agreement may be amended only by written instrument signed by
both parties hereto.
C. Notices. All notices, demands, elections, and other instruments required or
permitted to be given or made by either Party upon the other under the terms of this Agreement
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or any statute shall be in writing. Such communications shall be deemed to have been
sufficiently served if sent by certified or registered mail with proper postage prepaid, hand
delivered or sent by facsimile transmission, with proof of successful transmission sent by regular
mail by the sending Party at the respective addresses shown below, or to such other party or
address as either Party may from time to time furnish to the other in writing. Such notices,
demands, elections, and other instruments shall be considered delivered to recipient on the
second business day after deposit in the U.S. Mail, on the day of delivery if hand delivered or on
the first business day after successful transmission if sent by facsimile transmission.
Notices to the HOA:
______________________
______________________
______________________
______________________
Notices to the City:
The City of Lake Forest
(Attn: City Manager)
220 East Deerpath
Lake Forest, IL 60045
Phone: 847.810.3670
Facsimile: 847.615.4289
[Signature page to follow.]
4/12/17 Draft
5
IN WITNESS WHEREOF, this Agreement is entered into by and between the Parties
hereto as of the date and year first above written.
IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below.
ATTEST: THE CITY OF LAKE FOREST
By:
City Clerk Mayor
Print Name: Print Name:
ATTEST: THE PONDS HOMEOWNERS ASSOCIATION
By:
Its: Its:
Print Name: Print Name:
4/12/17 Draft
6
ACKNOWLEDGEMENTS
STATE OF ILLINOIS )
) SS.
COUNTY OF LAKE )
The foregoing instrument was acknowledged before me on _______________, 2017, by
_____________________, the Mayor of THE CITY OF LAKE FOREST, an Illinois municipal
special charter corporation, and by __________________________, the City Clerk of said
municipal special charter corporation.
Given under my hand and official seal this _________ day of ________________, 2017.
_______________________________
Signature of Notary
SEAL
My Commission expires:_______________
STATE OF ILLINOIS )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me on _______________, 2017, by
_______________________ and ______________________, as ___________________ and
_________________________ of THE PONDS HOMEOWNERS ASSOCIATION, an Illinois
not-for-profit corporation, personally known to me to be the same persons whose names are
subscribed to the foregoing instrument, who appeared before me this day in person and
acknowledged that they signed and delivered the foregoing instrument as their free and
voluntary act and deed and as the free and voluntary act and deed of said corporation, for the
uses and purposes therein mentioned.
Given under my hand and official seal this ____ day of _________________, 2017.
______________________
Signature of Notary
SEAL
My Commission expires: _______________
4/12/17 Draft
7
Exhibit A
Legal Description of Outlots A, B, C, and D
Outlots A, B, C, and D in Robert W. Kendler’s Ponds Subdivision of those parts of the west half
of the southwest quarter of Section 4 and of the southeast quarter of Section 5, Township 43
North, Range 12, east of the Third Principal Meridian, according to the plat thereof, recorded
July 5, 1978, as document 1928655, in Book 66 of Plats, Pages 18, 19, and 20, in Lake County,
Illinois.
4/12/17 Draft
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Exhibit B
Project Plans
4/12/17 Draft
9
Exhibit C
Memorandum of Agreement
S
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T
4
1
BUENA RDVALLEY RD BUTLER DR W WESTLEIGH RD
BASSWOOD RD
E STONE AVE
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E WESTLEIGH RD
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W QUAIL DR
W NO RTH AVE
W S A N D P I P E R L N
W STONE AVE FALLS CIR µThis map is for general information purposes only. Although theinformation is believed to be generally accurate, errors may existand the user should independently confirm for accuracy. The mapdoes not constitute a regulatory determination and is not a base forengineering design. A Registered Land Surveyor should beconsulted to determine precise location boundaries on the ground.
Ponds Subdivision Ou tlet Re pairs
1 inch = 417 feetDate: 4/11/2017
Outlet structure
B
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Ponds Outlet A
Ponds Outlet B
Ponds Outlet C
For Underground Utility Locations CallJ.U.L.I.E.Toll Free Tel. No. (800)892-012348 Hours Before You DigPONDS SUBDIVISIONOUTLET STRUCTURE REPAIRSCITY OF LAKE FORESTLAKE COUNTY, ILLINOISMARCH 21, 2017THE CITY OF LAKE FOREST800 N. Field DriveLake Forest, IL 60045TEL 847.478.9700FAX 847.478.97014664.203-PR2.dwgPOND SUBDIVISIONOUTLET STRUCTURE REPAIRSCOVER PAGE174664.20306-14-16NONENONE
THE CITY OF LAKE FOREST800 N. Field DriveLake Forest, IL 60045TEL 847.478.9700FAX 847.478.97014664.203-PR2.dwgPOND SUBDIVISIONOUTLET STRUCTURE REPAIRSSITE PLAN - POND A OUTLET STRUCTURE274664.20306-14-161"=10'
THE CITY OF LAKE FOREST800 N. Field DriveLake Forest, IL 60045TEL 847.478.9700FAX 847.478.97014664.203-PR2.dwgPOND SUBDIVISIONOUTLET STRUCTURE REPAIRSSITE PLAN - POND B OUTLET STRUCTURE374664.20306-14-161"=10'
THE CITY OF LAKE FOREST800 N. Field DriveLake Forest, IL 60045TEL 847.478.9700FAX 847.478.97014664.203-PR2.dwgPOND SUBDIVISIONOUTLET STRUCTURE REPAIRSSITE PLAN - POND C OUTLET STRUCTURE474664.20306-14-161"=10'
THE CITY OF LAKE FOREST800 N. Field DriveLake Forest, IL 60045TEL 847.478.9700FAX 847.478.97014664.203-PR2.dwgPOND SUBDIVISIONOUTLET STRUCTURE REPAIRSDETAIL SHEET574664.20306-14-16NONE
THE CITY OF LAKE FOREST800 N. Field DriveLake Forest, IL 60045TEL 847.478.9700FAX 847.478.97014664.203-PR2.dwgPOND SUBDIVISIONOUTLET STRUCTURE REPAIRSDETAIL SHEET674664.20306-14-16NONE··· ·
THE CITY OF LAKE FOREST800 N. Field DriveLake Forest, IL 60045TEL 847.478.9700FAX 847.478.97014664.203-PR2.dwgPOND SUBDIVISIONOUTLET STRUCTURE REPAIRSGENERAL NOTES SHEET774664.20306-14-16NONE“”“”“”“”“”
THt CIT» Of
LAKE FOREST
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Traffic Safety Coordinating Committee
March 13,2017 Meeting and Recommendations
Kem#l
Concerns about the speed limit of 30 mph on Telegraph Road were brought forward by Andrea
Ryan of 1187 Telegraph Road. Ryan is concerned about cars speeding on Telegraph Road near
Everett School and the general speeds of cars traveling on Telegraph Road causing safety issues
for residents who live on Telegraph Road. Mrs. Ryan requested the city consider lowering the
speed limit to 25 mph on Telegraph Road, which she considers a residential street.
Facts:
* TeleBraPh Road is bV Federal Guidelines considered a "Collector Roadway" which moves
traffic from residential streets to arterial roadways.
o Collector Roads are longer than residential streets but shorter than arterial
roadways and generally have 700+ cars a day in traffic volume.
. Telegraph 4.2 miles long and averages 1000+ cars a day.
o Speed limits on collector roadways by federal guidelines are set between 25-35
mph.
. Telegraph is posted 30 mph and in the area of Everett School, there are
posted "School Zone" signs warning of a reduced speed of 20 mph during
school hours.
o Telegraph as a Collector Roadway also connects larger roadways (Rte. 22,
Deerfield Road, Old Mill Road, and Everett Road) with specific destinations such
as the west business district, Everett School, West Train Depot, Station 2 Fire
Department and Bannockburn City Hail.
. Based on a five day traffic study recently completed:
o On average, 1050 cars travel Telegraph Road every day.
o 32 mph was the average speed indicated.
o 85% of cars were between 29-38 mph.
. Police are unable to locate any traffic crash data indicating issues with traffic incidents
involving car v. car or car v pedestrians.
Recommended ^rtion: Based on the above information the TSCC recommends taking no action
on this matter to reduce the posted speed on Telegraph Road. Additional efforts to stow traffic
on Telegraph Road may entail the following.
. Increased police presence in the area and stepped up speed enforcement actions can be
implemented as police units are available, specifically during high volume traffic times.
. Efforts are being made by the Police Department to obtain new radar trailer for
additional monitoring and traffic enforcement efforts.
City Manager ^ Approve _Disapprove
Item ff2
Several entities have requested the TSCC reopen the discussion on the issue of the
pedestrian crossing on Western Ave at Ryan in an effort to increase pedestrian safety at that
location by the Installation of a crosswalk with illuminated flashing crosswalk signs for north"
and southbound Western Avenue traffic. Residents In the area feel vehicle traffic on Western
Ave makes the pedestrian crossing at Ryan dangerous for pedestrians and especially for
children when crossing Western Avenue.
The TSCC has noted the following:
. This is a difficult pedestrian crossing area due to its close proximity to an active METRA
railroad, a north-south bike path, a high volume 3 way Intersection dose to the railroad.
a main north-south roadway and several driveway exits and a private school in the area.
* T i,sisa.l'elatively l°wyolume^Pedestrian crosswalk compared to many others in the city
and pedestrian traffic Is heavily dependent on weather, time of day and time of year.
. Police department records indicate this intersection has had no significant traffic related
crashes involving vehicles or pedestrians.
In September 2016, the TSCC looked at the issue and made the following recommendations
which were completed by City staff.
. Check tree and bush growth in the area and conduct some trimming to improve
pedestrian safety by increasing driver sight lines for north and south bound vehicle
traffic, as well as, for pedestrians to see when crossing the street.
. Make sure pedestrian crossing signs and crosswalk are clearly marked and visible.
In rewewing the installation of an electronic pedestrian crosswalk signal at that location, the
. T5CC reviewed a report on potential cost of installation for such a unit at that location.
Installation cost (not including yearly maintenance) using City workers is between
$14,000 and $17,000. To have the installation completed by a Contractor is estimated to
be approximately $28,000 to $32,000.
Recommended Action:
. The TSCC reaffirms its original position that this location is not suitable for an Electronic
Pedestrian Crosswalk Sign and the request should be denied.
» The installation of Electronic Pedestrian Crosswalk Signals by the City for crosswalks,
especially low volume ones such as this one, would set a dangerous precedent and
would result in a flood of similar request for similar crossing signals in other areas of the
city where pedestrian traffic is likely higher than in the Western/Ryan location.
City Manager _^_Approve _Disapprove
Submitted,
DC Rob Copeland
Chairman-TSCC
Thomas, Mike
From:
Sent:
To:
Subject:
Martin, Dan
Tuesday, March 07, 2017 11:14 AM
Thomas, Mike
Probable Cost Estimate for Electronic Pedestrian Crosswalk Signals: Western Ave. St
Ryan Rd. Intersection
MT,
Below is the cost estimate for installing electronic pedestrian crosswalk signals on Western Ave. The proposed system
would be a low voltage solar solution with electrical backup. This system would operate very much like the pedestrian
signaling along Field Drive. Let me know if you have any other questions.
Probable Cost Estimate for Electronic Pedestrian Crosswalk Signals on Western Ave. & Ryan Rd.
Description
Traffic Safety Corporation: Pedestrian Sign Crossing Kit
In-House
Allowances
Contract
Quote
$10,298
Totals
$10,298
Freight (Estimated)$200 $200
In-House Labor for Installation (Estimated)$2,560 $2,560
Concrete for Pole/Pedestal Bases $400 $400
Control Box $350 $350
ComEd Electric Service Drop (Allowance)$2,700 $2,700
Misc. Materials & Parts (Allowance)S200
Total $16,708
Total w/o In-House Labor $14,148
City of Lake Forest
List of Potential Crosswalks for Electronic Signaling
MB & SB McKinley Ave. at Noble Ave.LFHS traffic
NB & SB McKinley at North LFHS Drive.LFHS traffic
NB & SB Sheridan Ave. at Spruce Ave.Sheridan School traffic
EB & WB Deerpath Rd. at Sheridan Rd.Beach/Church/College traffic
MB & SB Green bay Rd. at Cherokee Rd.Cherokee School traffic
EB & WB Deerpath at Rte 41 East-West citizen & school traffic
NB & SB Green Bay at Laurel Ave Connections to the two bike paths
NB & SB Ridge at Kimberly Ln North Croft Park foot traffic
NB & SB Western Ave. at Ryan Place LF Country Day traffic
Westleigh and Waukegan Road E/W traffic across Waukegan ( LFHS events)
Everett and Telegraph Road N/S foot traffic across Everett