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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 2 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. 4/12/17 Draft 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 4/12/17 Draft 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 4/12/17 Draft 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 4/12/17 Draft 4 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 8 Exhibit B Project Plans 4/12/17 Draft 9 Exhibit C Memorandum of Agreement S R T 4 1 BUENA RDVALLEY RD BUTLER DR W WESTLEIGH RD BASSWOOD RD E STONE AVE H U N T E R L N E NORTH AVE E WESTLEIGH RD HERON RD 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 U E N A R D A B C 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 CNAK riM n it*i 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