CITY COUNCIL 03/19/0212
THE CITY OF LAKE FOREST
CITY COUNCIL AGENDA
Monday, March 19, 2012 7:30 p.m.
City Hall Council Chambers
CALL TO ORDER AND ROLL CALL
Honorable James J. Cowhey, Jr., Mayor
Kent Novit, Alderman First Ward Thomas Morsch, Jr., Alderman Third Ward
Catherine Waldeck, Alderman First Ward Donald Schoenheider, Alderman Third Ward
David Moore, Alderman Second Ward Robert Palmer, Alderman Fourth Ward
George Pandaleon, Alderman Second Ward Michael Adelman, Alderman Fourth Ward
PLEDGE OF ALLEGIANCE
REPORTS OF CITY OFFICERS 7:30 p.m.
1. Comments by Mayor
A. Resolution of Appreciation for Kathy Reinertsen for 9 Years of Service
Copy of Resolution beginning on page 11
B. Resolution of Appreciation for Wendy Frazier for 6 Years of Service
Copy of Resolution beginning on page 12
C. Resolution of Appreciation for Steve Laurila for 23 Years of Service
Copy of Resolution beginning on page 13
D. Resolution of Appreciation for Michael Tiegs for 35 Years of Service
Copy of Resolution beginning on page 14
2. Comments by City Manager 7:45 p.m.
A. Report from Parks & Recreation Foundation of 4th of July Festivities
B. Downtown Economic Activities
1. Approval of a Lease for Pasquesi Home & Garden, Lake Forest, Inc. at
the east Lake Forest Train Station – West Depot Building (671 N.
Western Ave.).
PRESENTED BY ROBERT KIELY, CITY MANAGER
PURPOSE AND ACTION REQUESTED: Approve and authorize City Manager to sign lease
with Pasquesi Home & Garden Lake Forest, Inc. for a term of one (1) year with three (3)
year and five (5) year renewals at the east Lake Forest train station.
1
March 19, 2012 Agenda
BACKGROUND/DISCUSSION: The east Lake Forest train station was recently updated with
new roof tiles and will see other exterior improvements through funding received by the
Illinois Transportation Enhancement Program and Metra. To provide Metra riders with
convenience and to anchor Market Square and the Farmers Market, an open-air
European style market was sought for the west depot building at the downtown train
station located at 671 N. Western Avenue. Strategically designed to strengthen the
central business shopping district, the open-air market will complement the historic
Market Square shopping district with beautiful, welcoming flowers, plants and public
seating surrounding the home and garden business. Following an open bidding process,
Pasquesi Home & Garden, Lake Forest, Inc. was identified and selected as a strategic
tenant for the space. A copy of the proposed lease is attached beginning on page 15.
Pursuant to the City’s policy for the inventory, sale, lease and retention of public property
the City Council must approve leases that are longer than 5 years or that exceed the City
Managers authority of $20,000.
Recommended Action: a) If appropriate and Should the City Council desire, approve of a
lease with Pasquesi Home & Garden, Lake Forest, Inc. for the period of May 1, 2012 to
April 30, 2013, renewal for three (3) and then five (5) years thereafter.
2. Award Design / Build Construction Services for the East Train Station
Streetscape Improvement Project Included in the F.Y. 2013 Capital
Improvement Budget.
PRESENTED BY DAN MARTIN, SUPERINTENDENT OF PUBLIC WORKS
PURPOSE AND ACTION REQUESTED: Staff is requesting City Council to waive the bidding
process and grant the design-build proposal for the East Train Station Streetscape
Improvement Project to Bleck Engineering. The project’s purpose is to enhance the
streetscape around the Train Station’s building along Western Avenue and directly across
from Market Square. The project will include providing outdoor seating areas and an
open air market for retail use. Larger landscape planting beds will be installed on the
north and south ends of the building to replace the two trees that had to be removed
last year due to the roof restoration. To accommodate these improvements, the areas
around the building will be expanded by moving the Western Avenue curb line that runs
parallel to the front of the building, out three feet and extending the south curb line out
approximately twelve feet (the equivalent of one parking space). Other improvements
include making the site more accessible by eliminating the need for steps and ramps,
and changing the layout to encourage a place to sit and gather while still allowing a
smooth pedestrian passage between the platforms and Western Avenue crosswalks. The
streetscape improvements are scheduled to begin no later than March 26th, and will be
completed by May 1, 2012.
BACKGROUND/DISCUSSION: The streetscape improvements began as part of the East
Train Station roof restoration that occurred last fall. The two Honey Locus trees on either
side of the west platform building were removed to allow for hip style roofs to be
constructed on each of the canopy ends. In order to develop a plan for replacing these
trees, City staff worked with a landscape architect to develop a conceptual landscape
plan for the area. At the same time Staff learned that the City’s Economic Development
Coordinator had a vision to tie the building space and the surrounding streetscape area
2
March 19, 2012 Agenda
into an open air style market space. This prompted staff to develop a second
streetscape scheme that incorporated the open air market theme while providing better
accessibility, outdoor retail space, and seating areas. At the February 21, 2012 Public
Works Committee Meeting staff presented the preliminary Streetscape Project and
received positive feedback. A copy of the preliminary plan that was presented is on
page 35.
BUDGET/FISCAL IMPACT: Through discussions with the qualified business owner interested
in leasing the space, staff learned that for this open air type retail business to be
successful in the first year of operation, it will need to be available in time to for the spring
season. Therefore, to achieve this aggressive timeline and have the space available by
May 1, 2012, staff contracted with Bleck Engineering Company to provide “turnkey
design- build” approach to construct the East Train Station Streetscape Improvement
Project. The guaranteed maximum price of $104,603.60 is $90,953.60 for construction and
$13,650.60 or 15% for engineering / construction management fees. Bleck Engineering
Company has provided The City of Lake Forest with good engineering and construction
services for many years.
Additional work that is not included in the Bleck Engineering proposal will be
accomplished by utilizing in-house staff to include Water & Sewer installing a water
service line for the entire facilities future needs, Parks & Forestry installing the landscaping,
and Building Maintenance preparing the interior space for the new tenant. At this time,
staff is estimating these services to cost between $15,000 and $20,000 and will be paid for
from the current FY’12 operating budget.
The Fiscal Impact is as follows:
Funding
Source
Account
Budget
Amount
Requested
Budgeted?
Yes/No
FY’13 C.I.P. General Fund $90,000 $104,603.60 Yes
RECOMMENDED ACTION: Waive the bidding process and award the design-build service
contract to Bleck Engineering Company for the guaranteed maximum price of
$104,603.60, and to authorize staff to amend the proposed FY’13 C.I.P. budget to reflect
the $13,650.60 increase.
3. Consideration of a Request for a Temporary Special Use Permit to
Authorize a Farmers’ Market for the 2012 Summer Season. (First
Reading and, if desired by the City Council, Final Approval)
PRESENTED BY SUSAN KELSEY, ECONOMIC DEVELOPMENT COORDINATOR
Continuing the success of last year’s experiment with a Farmers’ Market in the Central
Business District, a Farmers’ Market is again proposed to celebrate the summer season,
promote wellness, raise awareness of “grown locally” produce and to draw people into
the core of the City’s business district. After evaluation of last year’s Market based on
input from customers, local businesses, vendors and City staff, a new location is proposed
as a trial this year.
3
March 19, 2012 Agenda
The Market is proposed this year in the parking lot south of the train station, on the east
side of the rail road tracks, north of Deerpath. The Market will again be held on Saturday
mornings, from 8 a.m. until noon. Parking will be available in the commuter lots and on
the public streets in the business district. The location is designed to encourage
pedestrian traffic between the Farmers’ Market and local businesses.
Throughout the Market season, City staff will identify any problems, note the successes
and make minor modifications as necessary. At the end of the season, a project review
will be conducted to determine whether the Farmers’ Market should be continued in
future years, modified or relocated.
In light of the seasonal nature of the Market and recognizing that this new location is
being tested on a trial basis, a Temporary Special Use Permit is requested to authorize the
Market for the upcoming season. The Ordinance is included in the Council packet
beginning on page 36.
Recommended Action: Waive first reading and grant final approval of an Ordinance
granting approval of a Temporary Special Use Permit authorizing the operation of a
Farmers’ Market in the City owned parking lot south of the train station in the Central
Business District.
3. Comments by Council Members 8:15 p.m.
OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
ITEMS FOR OMNIBUS VOTE CONSIDERATION 8:20 p.m.
A. Consideration of an Ordinance decreasing the number of Commissioners on
the Senior Resources Commission from nine members to seven members
PRESENTED BY MARLA SCHACHTEL, Senior Center Manager
PURPOSE AND ACTION REQUESTED: The Senior Resources Commission recommends
approving a decrease in membership from nine to seven Commission members.
BACKGROUND/DISCUSSION: On July 21, 2008, Ordinance #2008-21, an ordinance
amending Chapter 27, Article VII of the city code regarding the Senior Resources
Commission, Sec. 27-64 set forth the Creation, Composition and Terms for this commission.
It was determined by the Mayor, with the approval of the City Council, that nine
commissioners shall be appointed with initial terms of four commissioners for one year;
and five commissioners for two years and all subsequent terms for two years.
4
March 19, 2012 Agenda
During the past fiscal year there have been two commissioners that have vacated their
positions; one through retirement and completion of her term and one who forfeited by
non-participation. The SRC has functioned effectively throughout this period with seven
members (rather than its full complement of nine members) and believes this is an
appropriate number of commissioners to continue to carry on its responsibilities.
Researching the average number of commissioners on a variety of other commissions in
the City of Lake Forest, it was determined that seven is the most common number of
members on each commission.
Therefore, the Senior Resources Commission requests Council approval of this agenda
item changing the official number of commissioners on the Senior Resources Commission
from nine to seven. For your convenience, on page 42 of your packet, are the highlights
with redline modifications to the ordinance.
BUDGET/FISCAL IMPACT: There is no budget/fiscal impact as a result of this requested
council action.
RECOMMENDED ACTION: Waive first reading and grant final approval of an ordinance
decreasing the number of required commissioners on the Senior Resources Commission
from nine to seven members.
B. Approval of the March 5, 2012 City Council meeting minutes
Copy of March 5, 2012 minutes beginning on page 45.
RECOMMENDED ACTION: Approve omnibus items as presented.
ORDINANCES 8:30 p.m.
1. Consideration of First Reading of an Ordinance approving the Plan of
Governance Ordinance for the City's Residential and Small Commercial Retail
Electricity Aggregation Program
PRESENTED BY CARINA WALTERS, ASSISTANT CITY MANAGER
PURPOSE AND ACTION REQUESTED: Pursuant to state statute, the City is required to adopt
an ordinance approving a Plan of Governance (POGO) in order to implement an opt-
out electric aggregation program within the City.
BACKGROUND/DISCUSSION: On February 6 at its Committee of the Whole meeting, City
staff reviewed a draft POGO; provided a status of the North Shore Electricity Aggregation
Consortium; provided a timeline for the Electrical Aggregation process; and conducted
its first of two required public hearings in order to implement an opt-out electric
aggregation program.
The Plan of Operation and Governance (POGO) outlines the roles and responsibilities of
the Consortium, the City, the aggregation consultant and the electrical aggregation
implementation process. For your convenience a redline version of the POGO reflecting
5
March 19, 2012 Agenda
modifications made to the February 6th draft is attached beginning on page 51 of your
packet. The POGO describes The City of Lake Forest plan for:
• Providing universal access to all applicable residential customers and equitable
treatment of applicable residential customers;
• Providing demand management and energy efficiency services to each class of
customers and,
• Meeting any other legal requirements concerning aggregated electric service.
The City’s Electrical Aggregation sub-committee has been very involved in advising the
Consortium during the development of the POGO and related informational materials.
One major component of the POGO which still requires City Council direction is with
respect to the preferred level of renewable energy (7%, 50% or 100%). The Committee
will be meeting earlier on Monday with the Consortium’s consultant, and will be prepared
to make a recommendation at the Council Meeting later that evening.
Should the referendum pass on March 20, 2012, the following action items will be placed
on the April 2 City Council meeting agenda:
1. Final public hearing by the City Council concerning the POGO
2. Adoption of the POGO
3. Approval of an ordinance formally authorizing an opt-out program for the
City
4. Award of bid and commencement of opt-out program
5. Estimated power switch by June 1, 2012
RECOMMENDED ACTION: If appropriate and should the City Council desire, approve first
reading of an ordinance approving the Plan of Governance for the City's Residential and
Small Commercial Retail Electricity Aggregation Program.
NEW BUSINESS 8:50 p.m.
1. Approval of Townline Community Park Playground Equipment Purchase
PRESENTED BY CHUCK MYERS, SUPERINTENDENT OF PARKS & FORESTRY
PURPOSE AND ACTION REQUESTED: Staff is seeking City Council approval to purchase
playground equipment for the Townline Community Park Playground Capital Project. On
March 13, 2012, the Park and Recreation Board approved the purchase of the
playground equipment portion of the project in FY12; however, they wish to review the
remaining expense components of the project (surfacing options and its associated
installation needs) in June 2012. This will allow the Park Board and City Council to have
more current data on the effects of the recent 2011drainage improvements before
determining the final project cost related to surfacing and related installation expense.
BACKGROUND/DISCUSSION: Townline Park was dedicated in May 2009 as a community
park and has since become a premier park for the City of Lake Forest. The pavilion and
6
March 19, 2012 Agenda
athletic fields have continued to see an increase in use and hold even more potential for
greater use. The addition of a playground directly adjacent to the pavilion and the
baseball fields will add a great benefit to park ball field users, Stonebridge and Conway
Park neighbors, and the community as a whole. The playground will also provide
potential increases in revenue due to increased pavilion rental opportunities.
City staff worked with NuToys Leisure Products to prepare two playground designs that
would be well suited for use at Townline. (Copy beginning on page 67). A public meeting
was conducted to gather feedback on the designs and a decision was made to move
forward on the attached design. The playground proposed for your approval is designed
for a wide range of ages and will provide an inclusive play experience for all children.
The project will also incorporate enhanced landscaping for shade and aesthetic
benefits, perimeter benches and a connecting sidewalk. The proposed color scheme is
green and tan to blend appropriately in to the landscape of the park setting.
City staff investigated ways to keep the cost of the project down, while at the same time
ensuring that the highest quality standards were achieved. The equipment will be
purchased through HGACBuy, a cooperative purchasing program for public government
agencies that offers time and cost savings. In addition, costs for construction will be
greatly reduced by having the playground installed by trained City staff.
Surfacing options were also researched and the two best options included Fibar®
Engineered Wood Fiber (most economical and fits original budget) and Poured-in-Place
rubber surfacing (superior surface with reduced maintenance benefits but exceeds
budget, requiring consideration of additional capital funds). Three surfacing options
were discussed by the Park and Recreation Board; the first option is to use Fibar® over the
entire surface area, the second option is to use a combination of Poured-in-Place rubber
and Fibar®, and the final option is the use Poured-in-Place rubber over the entire surface
area. A final recommendation by the Park Board on playground surfacing will be
determined in June 2012 and brought to City Council for approval of associated funds at
that time.
The tentative schedule for this project will be the purchase of all equipment by end of
April 2012, with pre-construction taking place in late June, and installation starting in July,
all contingent upon eventual selection and approval of a surfacing option. The tentative
completion of this project will be early August of 2012.
BUDGET/FISCAL IMPACT:
The total cost for the equipment portion of this project is $79,519 and is a budgeted
expense in FY12. It is essential that the purchase of the equipment take place before April
30th to complete the requirement of the Rt. 60 Debt Issue.
FY2012 Funding Source Amount
Available Amount Requested Budgeted?
Y/N
Rt. 60 Debt Issue
Special Tax Levy Fund
$69,000
$10,519
$79,519 for
Equipment Y
7
March 19, 2012 Agenda
Based on the choice of surfacing options the total cost of the playground will range from
$113,000 to $167,000.
The Park and Recreation Board unanimously support the completion of a playground at
Townline Community Park. At this time, the Park and Recreation Board is requesting
approval to purchase the playground equipment; they will revisit the surfacing options
and associated expenses and bring that portion of the project back to City Council for
discussion and approval in June.
RECOMMENDED ACTION: Staff recommends approval to purchase playground equipment
for Townline Community Park in FY12, expending debt service funds from the Route 60
Debt Issue Bonds in the amount of $69,000, with remaining expenses of $10,519 expended
from the Special Recreation Tax Levy Funds. This includes awarding a contract with
HGACBuy for the purchase of playground equipment.
2. Award of Bid for the Operation of the City’s Compost Facility
PRESENTED BY MICHAEL THOMAS, DIRECTOR OF PUBLIC WORKS
PURPOSE AND ACTION REQUESTED: Staff is requesting City Council approval for an agreement to
manage the yard waste processing at the City’s Compost Center.
The current three year agreement with P. Clifford Miller, Inc. will expire on April 30, 2012. Staff
recently received bids to either process the approximate 10,000 compacted yards of yard
waste on site or provide transfer trailers to the City to have its yard waste delivered and
processed at a different licensed compost facility.
BACKGROUND/DISCUSSION: On July 1, 1990, the State banned the disposal of yard
waste from all landfills. Since this time, the City has managed its own material at the
Route 60 Compost Facility. During the past three years, the grinding, turning, testing, and
screening of the compost have been performed by P. Clifford Miller, Inc. Their
performance over the past three years has been good with no annual increase to the
contract. With the agreement at the end of its term, staff received the following bids on
March 8, 2012:
Company Operate / Transfer Bid Amount
P. Clifford Miller Operate $115,200
Thelen Materials, LLC Transfer $147,200
D.K. Organics Did Not Meet Bid Specs. -----------
BUDGET/FISCAL IMPACT: Staff is recommending that the City continue its compost
operation with P. Clifford Miller, Inc. The draft agreement is found on page 70 of this
packet. If the City were to choose to transfer the material instead, Sanitation employees
would need to load a transfer trailer on a daily basis. This would require at least ten hours
per week for a nine month period. The personnel and equipment cost of approximately
$25,000 annually would therefore need to be added to Thelen Materials LLC’s bid
amount.
D.K. Organics bid did not meet the specification because it required the City, with its own
trucks and equipment, transfer all yard waste material to D.K.’s site in Lake Bluff. This
would result in City Sanitation crews loading all loose material dropped off by the Parks &
8
March 19, 2012 Agenda
Forestry operations and resident drop-off, into City’s packer trucks to obtain D.K.’s
compacted yardage rate. This did not meet the transfer specification whereby the
bidder would supply empty transfer trailers and switch out each trailer when it was full.
During F.Y. ’13, staff will further evaluate the feasibility of performing such services with in-
house staff and purchasing the needed grinder. Therefore staff is recommending that
City Council approve a one year agreement with the option to renew for a second and
third year. Each additional year could have a possible negotiated increase equal to or
less than the determined C.P.I.
FY2013
Funding
Source
Account Number
Account
Budget
Amount
Requested
Budgeted?
Y/N
General 101-5245-432-35-10 $115,200 $115,200 Y
RECOMMENDED ACTION: Based on the lowest responsible bidder, staff recommends that
P. Clifford Miller, Inc. be awarded the agreement to operate the City’s Compost Facility
for the monthly flat rate of $9,600 (this equates to $115,200 annually). Staff further
recommends that an option be approved to renew the contract for an additional second
and third year. Each additional year could have a possible negotiated increase equal to
or less than the determined C.P.I.
3. City Council Approval to Authorize Winter 2012/2013 Salt Purchase
PRESENTED BY MICHAEL THOMAS, DIRECTOR OF PUBLIC WORKS
PURPOSE AND ACTION REQUESTED: The State of Illinois requires government agencies
desiring to participate in the annual rock salt bid to complete a Joint Purchasing
Requisition. This informs the State of each agency’s anticipated need, and when
combined with all interested parties, secures a more competitive price.
Staff received notification from the State on March 12th that opting to be included in this
year’s program along with the City’s requested amount, must be received in their offices
no later than March 30th at 5 p.m. This impending deadline requires City Council’s
authorization to proceed for winter 2012- / 2013’s salt purchase. In both the F.Y. ’12 and
F.Y. ’13 budgets, the Streets Section has allocated $222,000 / year in its chemical budget
for salt and calcium chloride purchases. Typically 89% of the budget is dedicated for the
salt purchase and the remaining for liquid calcium chloride.
BACKGROUND/DISCUSSION: Attached beginnings on page 80 are two charts
summarizing this year’s salt usage along with a history of the City’s quantities and price
per ton paid. The City’s new Municipal Service Building can store 2,400 tons of salt;
currently there is 1,210 tons on site. The City’s old Municipal Services Building (Laurel &
Western Avenue) can store 600 tons and is currently empty. To save dollars in the
upcoming year’s budget, staff is recommending that, if available and at a good price,
the City purchase salt now for the upcoming winter via one or multiple of the following
options:
9
March 19, 2012 Agenda
1. Contact surrounding municipalities to determine if they still need to purchase their
required salt amounts and if so, do they have enough space to store the material.
If storage is an issue, The City of Lake Forest could propose to purchase that salt at
a reduced rate as compared to the $65.64 / ton the City paid this past season.
2. Contact the four major salt companies to see if they each have salt that they
would like or need to dispose of in a timely manner for a good price.
3. The City’s current contract allows the City to purchase an additional 500 tons at a
cost of $65.64 / ton equaling $32,820. However the company notified the Streets &
Sanitation Supervisor that in lieu of the existing contract, the City could purchase
an additional 2,200 tons at the same rate.
4. Participate in this year’s State contract at either the 80%/120% amount or the
100%/120% purchase of 1,800 tons. It is important to note however that the State
does not typically notify participating agencies of the price per ton until July.
5. Any combination of the previous four options.
BUDGET/FISCAL IMPACT: To date the City has fulfilled its contract with North American
Salt and has spent $164,100 on salt and $26,241 on calcium chloride. $31,659 remains in
the line item account.
Per the City’s Finance Director, the City has the dollars to purchase additional salt now
however it does not get expensed until it is actually used next winter.
FY2013
Funding
Source
Account Number
Account
Budget
Amount
Requested
Budgeted?
Y/N
General 101-5136-431-65-11 $222,000 $ TBD Y
RECOMMENDED ACTION: Based on the options provided, staff recommends that City
Council authorize a final decision be made for next year’s salt purchase by obtaining the
approval of both the Finance and Public Works Committee Chairmen. Staff will provide
updated information to both Chairmen over the next 1½ weeks so that a final decision
can be made by March 30th.
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
ADJOURNMENT 9:30 p.m.
Office of the City Manager
March 16, 2012
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.
10
RESOLUTION
WHEREAS, KATHLEEN M. REINERTSEN has been a dedicated employee of The City of
Lake Forest since February 1, 2003; and
WHEREAS, KATHLEEN M. REINERTSEN will honorably retire from the City on April 11,
2012; and
WHEREAS, KATHLEEN M. REINERTSEN served in the position of Finance Director
during her dedicated career from February 1, 2003-January 1, 2011 and Director of Finance and
Information Technololgy from January 1, 2011-April 11, 2012; and
WHEREAS, KATHLEEN M. REINERTSEN expertly navigated The City of Lake Forest
through a severe economic downturn, introducing an environment of “A New Normal” while maintaining
the City’s prestigious AAA bond rating and certification of conformance with the audit, as well as saving the
community $1.5 million in bond refunding; and
WHEREAS, KATHLEEN M. REINERTSEN, recognizing sizeable financial benefits available
under new state pension rules, was instrumental in implementing the IMRF Early Retirement Program for
eligible employees, saving the City over $700,000 per year; and
WHEREAS, KATHLEEN M. REINERTSEN, being light of heart and sound of mind (plus
possessing a great love of chocolate) directed the Finance/IT Departments with unequalled fiscal excellence
and, with a great sense of empathy and humor, naturally spread her infectious good personality upon
hundreds of City employees;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LAKE FOREST that the Council, on behalf of the administration and residents of the community, hereby
expresses its appreciation and gratitude to KATHLEEN M. REINERTSEN for a public service
faithfully performed; and
BE IT FURTHER RESOLVED that the City Clerk be and hereby is instructed to deliver a copy
of this resolution duly signed by the Mayor to KATHLEEN M. REINERTSEN this 19th day of March,
2012.
Mayor
11
RESOLUTION
WHEREAS, WENDY C. FRASIER, has been a dedicated employee of The City of Lake Forest
since April 24, 2006; and
WHEREAS, WENDY C. FRASIER will honorably retire from the City on March 31, 2012;
and
WHEREAS, WENDY C. FRASIER served in the following position during her dedicated
career: Accountant
WHEREAS, WENDY C. FRASIER’s service highlights include the processing of over four
thousand W-2’s and one hundred sixty-one payrolls, assisting fellow employees with any type of payroll
or benefit question, processing numerous journal entries, assisting with the preparation of the payroll
budgets for each department as well as assisting with the annual audit.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LAKE FOREST that the Council, on behalf of the administration and residents of the community,
hereby expresses its appreciation and gratitude to WENDY C. FRASIER for a public service faithfully
performed; and
BE IT FURTHER RESOLVED that the City Clerk be and hereby is instructed to deliver a copy
of this resolution duly signed by the Mayor to WENDY C. FRASIER this 19th day of March, 2012.
Mayor
12
RESOLUTION OF APPRECIATION FOR STEVEN J. LAURILA
WHEREAS, STEVEN J. LAURILA, has served the City of Lake Forest in the capacity
of Assistant Director of Communications and Public Information in the Office of the City
Manager from July 1989, Cable Television Coordinator in the Office of the City Manager from
May 1991, PC/LAN Support Specialist in the Information Technology Department from
November 15, 2004, and Network Administrator in the Finance/Information Technology
Department since January 03, 2011, and
WHEREAS, STEVEN J. LAURILA will honorably retire from the City on March 31,
2012; and
WHEREAS, STEVEN J. LAURILA’s service highlights include: Managed the
municipality’s first cable television implementation in 1989, implementation of the City’s cable
television stations Channel 17 and Channel 19, implementation of the first live broadcast of City
Council meetings in 1995, founding role in the establishment of the Lake Forest/Lake Bluff
Internet Consortium, chairman of the Lake Forest / Lake Bluff Internet Consortium Technical
Committee, part of the implementation of the City's first website, implementation of the first
Wide Area Data Network for the City, part of the City’s renovation of the City’s phone system in
2005, part of the Municipal Services data center relocation in 2010, and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, on behalf of the administration and residents of the community,
hereby expresses its great appreciation and gratitude to STEVEN J. LAURILA for a public
service faithfully performed, and
BE IT FURTHER RESOLVED that the City Clerk be and hereby is instructed to
deliver a copy of this resolution duly signed by the Mayor to STEVEN J. LAURILA this 19th
day of March, 2012.
X
Mayor
13
RESOLUTION
WHEREAS, Michael A. Tiegs, Sr. has been a dedicated employee of The City of Lake Forest
since September 12, 1977; and
WHEREAS, Michael A. Tiegs, Sr. will honorably retire from the City on March 16, 2012; and
WHEREAS, Michael A. Tiegs, Sr. served in the following positions during his dedicated career
as Maintenance Worker II in the Sanitation Section from 1977 to 1991, Assistant Supervisor of the
Sanitation Section from 1991 to 2008, Maintenance Worker II in the Streets Section from 2008 to 2012;
State of Illinois CDL License Tester from 2002 to 2012; and LFEA President from 2004 to 2011; and
WHEREAS, Michael A. Tiegs, Sr. was an original member of the Public Works Employee
Safety Committee and an original member of the Public Works Accident Review Board; and
WHEREAS, Michael A. Tiegs, Sr. in 1991 helped implement the original curbside recycling
program for The City of Lake Forest by training personnel on new equipment, designing and
implementing new routes, managing the program, and collecting data; and
WHEREAS, Michael A. Tiegs, Sr. in 1999 helped his new supervisor redesign refuse,
recycling, and yard waste routes, adding efficiencies to routes and better service to the residents;
WHEREAS, Michael A. Tiegs, Sr. in 2000 and 2001 assisted the Sanitation Section in the safe
operation of new recycling equipment and in the redesign of the resident drop-off program at the
Compost Center; and
WHEREAS, Michael A. Tiegs, Sr. in 2008 transferred to the Streets Section to become
involved in mailbox repairs, utility locating, street sign installation and maintenance, and main line snow
plow operator.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LAKE FOREST that the Council, on behalf of the administration and residents of the community,
hereby expresses its appreciation and gratitude to for a public service faithfully performed; and
BE IT FURTHER RESOLVED that the City Clerk be and hereby is instructed to deliver a
copy of this resolution duly signed by the Mayor to this 19th day of March, 2012
Mayor
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
THE CITY OF LAKE FOREST
Ordinance No. 2012-_____
Granting a Temporary Special Use Permit to Authorize the operation of a Farmers’ Market from
June, 2012, through October, 2012 in the City owned parking lot located south of the Train Station
in the Central Business District, north of Deerpath.
WHEREAS, in 2011, the City of Lake Forest introduced a Farmer’s Market in the Central
Business District during the summer months; and
WHEREAS, the 2011 Farmer’s Market was successful in bringing people into the Central
Business District on Saturday mornings, provided a festive atmosphere that was appreciated by many, and
supported local businesses; and
WHEREAS, after an evaluation of the 2011 Farmer’s Market by City of Lake Forest staff
representing various City departments, and after receiving input from Market vendors and customers, it
was determined that relocation of the Farmers’ Market to the train station parking lot would increase
visibility of the Market and bring customers of the Market into the heart of the City’s business district;
and
WHEREAS, the 2012 Farmers’ Market will continue to be coordinated and supervised by the City’s
Economic Development Coordinator in consultation with the City’s Police Department and Community
Development Department with support from other City staff; and
WHEREAS, the concept of increasing the number of special events and community activities that
occur in and near the City’s Central Business District was endorsed by the City’s Central Business District
Advocacy Group and the City Council; and
WHEREAS, the City Council finds that the operation of a Farmers’ Market during the summer
season of 2012 is in the best interest of the community.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, ILLINOIS:
SECTION 1. Recitals. The foregoing recitals are incorporated into this Ordinance as if fully set
forth.
SECTION 2. Approval. As provided for in Section 46-24(P), Temporary Special Uses in Any
District, of the Lake Forest Code, a Temporary Special Use Permit is hereby granted to authorize the 2012
Farmers’ Market, on the western portion of the City owned parking lot located south of the Train Station,
north of Deerpath, between McKinley Road and the railroad tracks as depicted on the illustration attached
hereto and made a part hereof as Exhibit A, subject to the following conditions of approval.
1. This Temporary Special Use Permit authorizes the operation of the Farmers’ Market in the area
depicted on Exhibit A. The remainder of the parking lot shall remain available for public parking.
36
2. The Farmers’ Market is authorized to operate from June, 2012 through Ocotber, 2012, each
Saturday morning, from 8 a.m. until 12:30 p.m. Setup may begin as early as 5 a.m. so long as the
activity does not generate noise levels that create disturbances for nearby residential
neighborhoods. The site of the Farmers’ Market shall be cleared and available for public parking
by 1:30 p.m.
3. The number of vendors shall not exceed 25 and all vendors shall complete an application and
provide documentation as directed by the City Attorney including, but not limited to, verification
of proper insurance and tax registration.
4. Any vendor not in full compliance with all City requirements shall not be permitted to participate
as a vendor.
5. Advertising for the Farmers’ Market will be done locally. Temporary signage will be placed in the
general vicinity of the Farmers’ Market during the hours of operation.
6. After the close of the Farmers’ Market for the season, a debrief will be scheduled involving all
appropriate parties and a report prepared evaluating the success of the event, identifying any
impacts on the Central Business District or surrounding area (positives and negatives) and
recommending whether the event should be continued in future years and if so, whether any
modifications should be made to the operations or location.
SECTION 3. Failure to Comply with Conditions. Failure to Comply with Conditions. Upon
the failure or refusal of the property owner or petitioner to comply with any or all of the conditions,
restrictions, or provisions of this Ordinance, the approvals granted in Section 2 of this Ordinance shall, at
the sole discretion of the City Council by ordinance duly adopted, without the need for a public notice or
hearing, be revoked and become null and void; provided, however, that no such revocation ordinance shall
be considered unless (i) the City has first notified the petitioner and owners of the property and (ii) the
petitioner and owners have failed to cure any violative condition within 30 days (unless such violative
condition requires more than 30 days and the owners timely commence corrective action and continuously
prosecute such corrective action without interruption until completion). In the event of revocation, the
development and use of the Subject Property shall be governed solely by the regulations of the B-4
District, as the same may, from time to time, be amended. Further, in the event of such revocation, the
City Manager and City Attorney are hereby authorized and directed to bring such zoning enforcement
action as may be appropriate under the circumstances.
SECTION 4. Amendment to Ordinance. Any amendments to the terms, conditions, or
provisions of this Ordinance that may be requested by the petitioner and owners of the property after the
effective date of this Ordinance may be granted only pursuant to the procedures, and subject to the
standards and limitations, provided in Section 46-24 of the Zoning Code, or by an amendment to the
Special Use Permit itself in the manner provided in the Zoning Code and by applicable law.
SECTION 5. Binding Effect. The privileges, obligations, and provisions of each and every
Section of this Ordinance are for the sole benefit of, and shall be binding on, the owners, except as
otherwise expressly provided in this Ordinance. This ordinance shall be in full force and effect from and
after its passage and approval; provided, however, that this Ordinance shall be of no force or effect unless
and until owner files with the City its unconditional agreement and consent, in the form attached hereto as
Exhibit B and by this reference incorporated herein and made a part hereof; provided further that, if owner
does not so file its unconditional agreement and consent within 30 days following the passage of this
37
Ordinance, the City Council may, in its discretion and without public notice or hearing, repeal this
Ordinance and thereby revoke the special use permit granted in this Ordinance.
Passed this day of , 2012
City Clerk
Approved this day of , 2012
Mayor
ATTEST:
City Clerk
Attachments: Exhibits A, B,
38
EXHIBIT A
39
EXHIBIT B
Unconditional Agreement and Consent
Pursuant to Section Five of Lake Forest Ordinance No. 2012- , and to induce the City Council of
Lake Forest to grant the special use permit provided in such Ordinance, the undersigned acknowledges
that it has read and understands all of the terms and provisions of said Lake Forest Ordinance No. 2012-
, and does hereby acknowledge the validity of each of the conditions and provisions of said
Ordinance, and does hereby unconditionally consent to and agree to accept and be bound by each and all
of the provisions, restrictions, and conditions of said Ordinance.
Owner:
By:
Its
ATTEST:
40
41
ORDINANCE #2012-___
AN ORDINANCE AMENDING CHAPTER 27, ARTICLE VII OF THE CITY CODE,
REGARDING THE SENIOR RESOURCES COMMISSION
WHEREAS, The City of Lake Forest is a home rule, special charter
municipal corporation; and
WHEREAS, from time to time, it is in the best interest of the City to review
its codes and ordinances to see that they are up to date and relevant with best
practices and procedures.
NOW THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, ILLINOIS, THAT
Section One: Recitals. The foregoing recitals are hereby incorporated
into and made a part of this Ordinance as the findings of the City Council.
Section Two: That Article VII of Chapter 27 of the City Code of Lake
Forest, is hereby amended as follows:
ARTICLE VII SENIOR RESOURCES COMMISSION
Sec. 27-64. CREATION; COMPOSITION; TERM---There is hereby
created a Senior Resources Commission. The Commission shall consist of
seven members, including the Chairman.
(a) The Mayor, with the advice and consent of the City Council, shall
appoint seven commissioners with initial terms of three commissioners for
one year; and four commissioners for two years and all subsequent terms
for two years.
(b) At the expiration of the term of each commissioner or of each
succeeding commissioner, or in the event of a vacancy, the Mayor, with the
approval of the City Council, shall appoint a commissioner to hold the office
for the unexpired term, or in the case of expiration, for a term of two years,
or until the commissioner's successor shall have been appointed and
qualified. No commissioner may serve for more than six (6) consecutive
years, except those commissioners first appointed to initial terms of one
year may serve for three full two year terms following such initial
appointments.
(c ) Members of the Senior Resources Commission shall be
representatives from The City of Lake Forest and the Village of Lake Bluff.
At least (three) two and no more than (four) three members shall represent
42
the Village of Lake Bluff and the remaining shall represent the City of Lake
Forest. No members shall receive compensation. (Ord. No. 05-13)
(d) The Chairman of the Senior Resources Commission shall be
designated by the Mayor, with the approval of the City Council.
Sec. 27-65. PURPOSE---The purpose of the Senior Resources Commission is to serve
as an advisory board to the Mayor and City Council and, as appropriate, the Village
President and Village Board of Lake Bluff, recommendations for the coordination and
planning for the senior residents of the City/Village in order to preserve their dignity,
independence and quality of life. This includes, but is not limited to, the study and
development of service needs and alternatives. The Commission shall periodically review
and update its recommendations and resubmit them to the Mayor and City Council and, as
appropriate, the Village President and Village Board of Lake Bluff.
Sec. 27-66. POWERS AND DUTIES---
(a) Study and evaluate the need for services for the aging
population of Lake Forest and Lake Bluff, including comprehensive health
status, economic conditions, family needs, housing, in-home supports,
vocational activities, transportation, nutrition and legal services.
(b) Support senior housing initiatives in Lake Forest and Lake Bluff
as well as the fundraising efforts of the Foundation.
(c) Consider alternatives to institutional care through home health
service expansion, effective early detection of chronic conditions,
prevention of health problems where possible and support of individuals in
whatever way promotes maximum functioning and independence.
(d) Work with existing groups and agencies to fill gaps in service.
(e) Review existing public and private programs for senior
assistance and determine how they can be most useful to City and Village
of Lake Bluff residents. Initiate and foster the cooperation between the
Senior Resources Commission, City Staff and departments and all pertinent
government and private agencies, religious institutions, services
organizations and civic groups.
(f) Develop plans for new programs to meet needs not adequately
serviced, and consider how such new programs might be successfully
launched. Implement and administer assignments of the Mayor and City
Council and, as appropriate, the Village President and Village Board of
Lake Bluff in furtherance of the purpose of this commission.
(g) Provide directional recommendations for Senior Center
operations and programs to be sent for approval by City Council.
43
(h) Promote community education regarding the problems, needs
and status of senior residents; link senior residents needing services to
appropriate organization, act as a resource for the residents in existing
institutional facilities and other service programs; and take other action to
promote senior residents' use of the services provided.
(i) The Senior Resources Commission shall submit to the City
Council an annual request for appropriations for anticipated expenditures.
(j) Set charges/fees for small programs and activities of the Senior
Center without City Council's approval.
(k) The functions and commission representation described herein
for and on behalf of the Village of Lake Bluff, shall be contingent on a
service contract or other mutual agreement between The City of Lake
Forest and the Village of Lake Bluff being in effect.
Section Three: 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 _______________, 2012.
AYES:
NAYS:
ABSENT:
ABSTAIN:
APPROVED this ___ day of ________________, 2012.
____________________________________
Mayor
ATTEST:
______________________________
City Clerk
44
The City of Lake Forest
CITY COUNCIL
Proceedings of the March 5, 2012 Regular Meeting
7:30 p.m. – City Hall Council Chambers
CALL TO ORDER AND ROLL CALL: Mayor Cowhey called the meeting to order at 7:45 p.m.
Assistant City Manager called the roll of Council members. Present: Aldermen Novit, Waldeck,
Pandaleon, Morsch, Palmer, Adelman. Absent: Moore, Schoenheider. Quorum present. There
were approximately 12+ present in the audience.
Also present were: Vic Filippini, City Attorney; Marlo Del Percio, City Attorney; Catherine
Czerniak, Director of Community Development; Ramesh Kanapareddy, City Engineer; Carina
Walters, Assistant City Manager; Michael Thomas, Director of Public Works;
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance.
Reports of City Officers
Mayor Cowhey read a prepared statement into the record regarding the intern and Lake Forest
Police Officer.
1. Comments by Mayor
A. Proclamation of Smiths’ Men’s Store 75th Anniversary- Mayor read Proclamation into the
record. Alderman Palmer moved, seconded by Alderman Pandaleon to accept the
Proclamation. Motion carried unanimously by voice vote.
B. Appointment of Peter Cherry to Gorton Commission – Alderman Morsch moved,
seconded by Alderman Novit to approve the appointment of Peter Cherry to Gorton
Commission. Motion carried unanimously by voice vote.
Mayor Cowhey advised the Traffic Transportation Safety Committee will be meeting to a
readdress issues with pedestrian safety issues.
2. Comments by City Manager
A. Electric Aggregation Update- At the March 19 City Council meeting David Grumhaus
and Curt Volkman will be presenting a proposed supplier who will be working with the
consortium and provide an estimate of savings with an alternative electricity provider.
B. ComEd update on McKinley-Sheridan Improvement Project- Because of the hard work
from ComEd and city staff, upgrade work will begin in the affected area and project should
begin late March early April to improve the electric supply in this area.
Michael Thomas, Director of Public Works requested Council’s authorization to purchase 40
modules. This was discussed and acted upon at the previous City Council meeting. The City
found that shipping by sea has saved $19,000.00 and Michael Thomas has requested at this
meeting to up the amount to 44 modules due to the shipping savings.
Alderman Novit moved, seconded by Alderman Palmer to approve the additional 4 units totally
44 units to purchase. Motion carried by voice vote.
45
Proceedings of the March 5 , 2012
Regular City Council Meeting
3. Comments by Council Members
Alderman Adelman wanted to remind everyone golfing is just around the corner and there is still
time to order a season pass.
Alderman Palmer inquired about the state of Illinois and the cell phone legislation. City Manager
Kiely advised he will update the Council at the March 19th meeting after his trip to Springfield.
A. Public Works Committee – Alderman Novit
OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
Lucy Cooper, lake Forest College student liaison stood before Council to update them on
current events happening at the college.
Anne Whipple, from Lake Forest High School, briefed the Council on how Lake Forest High
School handles crisis and what it provides to the students and community.
ITEMS FOR OMNIBUS VOTE CONSIDERATION
A. Check Register for Period
Check Register For Period January 31 - February 24, 2012
Fund Invoice Payroll Total
General 465,876 1,106,658 1,572,533
Water & Sewer 65,215 120,500 185,716
Parks & Recreation 104,660 315,385 420,045
Capital Improvements 44,458 5,281 49,739
Bond Funds - Projects 60,930 0 60,930
Motor Fuel Tax 0 0 0
Cemetery 6,283 17,822 24,105
Senior Resources 10,798 20,179 30,977
Deerpath Golf Course 29,463 18,748 48,210
Fleet 122,988 41,123 164,112
Debt Funds 0 0 0
Housing Trust 119,500 0 119,500
Park & Public Land 0 0 0
All other Funds 235,120 10,858 245,978
$1,265,291 $1,656,554 $ 2,921,845
B. Approval of the February 21, 2012 City Council meeting minutes
Alderman Novit moved, seconded by Alderman to approve the omnibus items with the
correction to the minutes referring to number of modules as 40 not 36. The following voted “Yea”
Aldermen Novit, Waldeck, Pandaleon, Morsch, Palmer, Adelman. The following voted “Nay”
None. Motion carried.
46
Proceedings of the March 5 , 2012
Regular City Council Meeting
ORDINANCES
A. Consideration of Recommendation to Approve a License Agreement for
Underpass Construction, Maintenance and Use with Metra at the Telegraph
Road Train Station
On December 5, 2011 staff provided an informational presentation to the Committee of the
Whole regarding transportation that included transit history, a status of the Amtrak stop, and
status of the pedestrian underpass. That evening, the City Council authorized the approval of
two Professional Service Agreements with Charlie Quandel of Quandel Consultants, LLC one to
conduct Phase 2 preliminary engineering feasibility study on implementing a Lake Forest stop of
the Hiawatha Regional Passenger Rail Service, and second, for assisting with the Phase I
preliminary engineering on the Telegraph Rd train station pedestrian underpass project.
In order to construct a pedestrian underpass, an agreement between the City and Metra must
be approved. Metra is the owner of the Right-of Way (ROW) referred to as “The Property” in
Exhibit A of the License Agreement. The License Agreement allows The City of Lake Forest to
construct the underpass with Metra and IDOT approval of plans and specifications concerning
the design, location and configuration of the underpass. The agreement stipulates that the City
is responsible for the following:
• 50 year license agreement
• Maintenance i.e. graffiti, ice and snow removal
• Flaggers during the construction
• Costs associated with underpass; and
• signage
•
While there is no cost per se with the license, the City is responsible for maintenance. In
speaking with Metra and depending on the design of the pedestrian underpass yearly
maintenance may costs approximately $500 per year. This number will adjust as the
infrastructure ages.
RECOMMENDED ACTION: If appropriate and should the City Council desire, approve the License
Agreement between The City of Lake Forest and Metra to construct, maintain and use of the
pedestrian underpass at the Telegraph Road Train Station.
Alderman Palmer moved, seconded by Alderman Morsch to approve the License Agreement
between The City of Lake Forest and Metra to construct, maintain and use of the pedestrian
underpass at the Telegraph Road Train Station. The following voted “Yea” Aldermen Novit,
Waldeck, Pandaleon, Morsch, Palmer, Adelman. The following voted “Nay” None. Motion
carried.
B. Award of a professional services contract to HDR Engineering, Inc.
for Phase I preliminary engineering on the Telegraph Rd train station
pedestrian underpass project
The City has received $1 million each from the State (IDOT) and the Federal Highway Authority
(FHWA), through the High-Speed Rail Grade Crossing grant funds, to build a pedestrian tunnel
underneath the railroad tracks at the Telegraph Rd train station. The grant will be administered
by IDOT Bureau of Local Roads thereby requiring the City to follow their specific guidelines for
47
Proceedings of the March 5 , 2012
Regular City Council Meeting
the project. In addition, City will be required to seek approvals from Metra and Amtrak on this
project.
In order to process the underpass project per grant guideline, IDOT requires the grant recipient
(City) to perform a Phase I preliminary engineering study, award a Phase II final design
engineering service contract, and a Phase III construction contract that includes engineering
inspectional services. The Phase I preliminary engineering entails performing, at a minimum, the
following tasks:
I. Undertake soil surveys or subsurface investigations including borings and soil profiles as
may be required to furnish sufficient data for the design of the proposed tunnel
underneath the tracks.
II. Analyze and evaluate the soil surveys and borings to determine the location and the
structural feasibility of the underpass.
III. Provide construction options and coordinate the preliminary sign-off from IDOT, Metra,
and Amtrak.
IV. Undertake complete drainage and floodplain hydraulic analysis for high water data and
flood flow histories.
V. Prepare the necessary environmental and planning documents including the Project
Development Report, Environmental Class of Action Determination or Environmental
Assessment, State Clearinghouse, and all necessary environmental clearances.
VI. Prepare applications for U.S. Army Corps of Engineers (US ACOE) permit, Illinois
Department of Natural Resources (IDNR) Office of Water Resources (OWR) Permit, Illinois
Environmental Protection Agency (IEPA) Section 404 Water Quality Certification, and
other regulatory permits.
City received authorization from IDOT’s Bureau of Local Roads and Bureau of Railways on the
selection process for a firm to perform the Phase I preliminary engineering services. City sent
request for qualifications to eligible firms and received proposals from seven (7) firms. The City
chose three (3) firms for an interview presentation who were experienced in railroad underpass
projects, IDOT’s grant procedures, and have worked with Metra and Amtrak on related projects.
The City team included staff, personnel from Quandel Consultants, and Norm Carlson, a Lake
Forest resident experienced in railroad operations. Based on the interview and firm qualifications,
City team selected HDR, Engineering, Inc. (HDR) to provide the Phase I preliminary engineering
services.
The City will include Quandel in the Phase I preliminary engineering stage to use their expertise in
railroad operations and their involvement in the possibility of a new high-speed rail connection
between Milwaukee and Chicago. Quandel will play an advisory role on Phase I preliminary
engineering related to feasibility of a Lake Forest stop on the Hiawatha regional passenger rail
service and the possibility of a third track for High-Speed rail. Upon seeking approval from
Council, City (HDR) will coordinate a kick-off meeting with IDOT to start the Phase I engineering
services.
Project Phase Start Date
(tentative)
Completion Date
(tentative)
IDOT Approval
Date (tentative)
Ph I Preliminary Engineering Mar 2012 Dec 2013 Mar 2013
* Ph II Design Engineering Mar 2013 Oct 2013 Jan 2014
* Ph III Construction (incl.
Construction Engineering) Mar 2014 Nov 2014
Nov 2016
(paperwork
completed)
48
Proceedings of the March 5 , 2012
Regular City Council Meeting
* - City needs authorization from IDOT prior to start of Phase II design engineering and Phase III
construction.
Upon selection of the firm, City negotiated a Phase I preliminary engineering contract amount
and sent a draft copy of the proposal to IDOT for approval. IDOT gave a preliminary approval of
HDR’s proposal even though all local funds are being used for Phase I preliminary engineering
services. City negotiated with HDR for the Phase I preliminary engineering services contract.
The final amount for Phase I preliminary engineering services is $204, 808.93 excluding any
railroad permit or insurance costs. In addition, staff is seeking additional 10% as contingency for
permit related requirements of IDOT, Metra, Amtrak, Army Corps, FHWA, or Federal Railway
Authority. Since the grant funding for this project is received from two levels of government, City
(HDR) has to comply with the requirements of both jurisdictions. In addition, the scope of the
project also entails feasibility analysis consideration of a potential Amtrak stop and a third track
at this station.
Typically, the cost for a Phase I preliminary engineering services is 10% of the construction cost
provided conceptual feasibility analysis has been performed. For this project, no such prior
analysis has been done and HDR is required to perform detailed feasibility analysis along with
preliminary engineering for this project. The construction cost is estimated from a low of $1.8
million to a high of $2.5 million. At the conclusion of Phase I preliminary engineering service a
more detailed estimate on the construction cost will be finalized.
This project was discussed and approved as part of the Capital Improvement Program budget
meeting in November 2011 and again during Committee of the Whole meeting in December
2011. Since the project is located in the TIF district, City will use TIF funds for the Phase I
preliminary engineering services contract.
Below is a summary of Project budget:
FY 2012-13 Funding
Source Amount Budgeted
Amount
Requested (incl.
10% cont.)
Budgeted?
Y/N
TIF $500,000.00 * $225,289.79 Y
*- Portion of the amount budgeted will be used for Phase II design engineering.
RECOMMENDED ACTION: Staff recommends awarding a professional services contract to HDR
Engineering, Inc. for Phase I preliminary engineering in the amount not to exceed $225,289.79
which includes authorization to expend up to 10% contingency, if necessary, for unforeseen
change orders that may occur during the administration of this project.
Council had a discussion and questions were raised regarding landscaping etc. and making it
environmentally sound.
Alderman Morsch moved, seconded by Alderman Pandaleon to approve the awarding a
professional services contract to HDR Engineering, Inc. for Phase I preliminary engineering in the
amount not to exceed $225,289.79 which includes authorization to expend up to 10%
contingency. The following voted “Yea” Aldermen Novit, Waldeck, Pandaleon, Morsch, Palmer,
Adelman. The following voted “Nay” None. Motion carried.
49
Proceedings of the March 5 , 2012
Regular City Council Meeting
NEW BUSINESS
None presented
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
1. Lake County Forest Preserve Ft. Sheridan Golf Course Discussion
City Manager Kiely wanted to discuss with Council if the Council wanted to continue to affirm
the City’s support from June 2011 asking the US Army to remove the deed restriction involving a
construction of a golf course at Ft. Sheridan. The Council continues this stance.
ADJOURNMENT
There being no further business, Alderman Morsch moved, seconded by Alderman Palmer to
adjourn the meeting at 8:30 p.m. The motion carried unanimously by voice vote.
Cathryn H. Buerger
Deputy City Clerk
50
[City/Village] of ________
North Shore Electricity Aggregation Consortium: Program
Plan of Operation & Governance
February 22,March ___,2012
51
TABLE OF CONTENTS
I. HISTORY AND PURPOSE OF MUNICIPAL AGGREGATION .............................................................1
II. DEFINITIONS ................................................................................................................................................2
III. ROLE OF THE CONSORTIUM.................................................................................................................4
IV. ROLE OF THE [CITY/VILLAGE].............................................................................................................4
V. ROLE OF THE AGGREGATION CONSULTANT ...................................................................................5
VI. POWER SUPPLY AGREEMENT ..............................................................................................................6
VII. PRICING ......................................................................................................................................................8
VIII. IMPLEMENTATION PROCEDURES ...................................................................................................8
IX. ADDITIONAL SERVICE TERMS AND CONDITIONS .......................................................................13
X. INFORMATION AND COMPLAINT NUMBERS ..............................................................................1314
52
North Shore Electricity Aggregation Consortium [February 22, 2012][City/Village] of ______
Plan of Operation and Governance
Illinois Community Choice Aggregation Network 1
I. HISTORY AND PURPOSE OF MUNICIPAL AGGREGATION
Pursuant to Section 1-92 of the Illinois Power Agency Act, 20 ILCS 3855/1-92, the [City/Village] of ______is
authorized to aggregate the electric loads of small commercial and residential customers located within its
municipal boundaries (herein referred to as “municipal aggregation”). As part of the municipal aggregation, the
[City/Village] of ______may select a retail electric supplier and enter into a service agreement to facilitate the
purchase of electricity and related services and equipment on behalf of its residents and small businesses.
Additionally, the Act also states:
The corporate authorities or county board may also exercise such authority jointly with any other
municipality or county. Two or more municipalities or counties, or a combination of both, may
initiate a process jointly to authorize aggregation by a majority vote of each particular
municipality or county as required by this Section.
The municipalities of Deerfield, Glencoe, Highland Park, Lake Bluff, Lake Forest, Northbrook, Park Ridge, and
Skokie,voluntarily and through a formal Intergovernmental Agreement,have formed the “North Shore Electricity
Aggregation Consortium” (“Consortium”)to facilitate their cooperation toward obtaining the lowest possible
electricity rates for their respective residents and small businesses. The Consortium seeks to collectively
aggregate the retail electric loads of eligible residents and small commercial retail accounts and to solicit bids for
the purchase of that electricity. The [City/Village], as a member of the Consortium intends to solicit,has solicited
bids seeking various pricing options, contract terms,and options for increased volumes of renewable energy.
With an estimated 90,000 eligible electric accounts, the Consortium has the potential to attract lower rates than the
current default tariff service rate for its residents and small businesses, while also acquiring a cleaner portfolio of
power supply.
In accordance with the Act, on ___________, 201_, the [City/Village] approved [Resolution/Ordinance]No.
______, authorizing the placement of a referendum on the March 20, 2012 ballot,seeking authority to create an
opt-out municipal aggregation program for its residents and small business customers. Voters approved the
municipal aggregation referendum at the March 20, 2012 primary election. Record of the authorizing votes for
the referendum is included in Attachment A to this Plan of Operation and Governance.
Prior to the passage of the referendum, the Consortium retained the services of a Consultant to assist with
planning and implementing the Program, bidding and selecting the electricity supplier, and advising Consortium
participating municipalities on public outreach and education related to municipal aggregation.
Residential and small commercial retail customers often lack the resources to conduct due diligence and negotiate
favorable terms with alternate retail electric suppliers on their own. The Program not only provides these
services, but provides the bargaining power achieved through the size of the Consortium. The municipal
aggregation program is designed to reduce the amount that residents and small businesses pay for electric energy
power supply and gain other favorable terms of service.
Neither the Consortium nor its participants will buy or resell power. Rather,the Consortium will competitively
bid and negotiate a contract with a competent and licensed alternative retail electric supplier (ARES) on behalf of
the Consortium participants to provide electric supply at contracted rates to residents and small businesses in each
Consortium community. The ARES shall provide accurate and understandable pricing and facilitate opt-out
notifications. The ARES will also perform ancillary services for the Consortium participants as described in this
Plan.
53
North Shore Electricity Aggregation Consortium [February 22, 2012][City/Village] of ______
Plan of Operation and Governance
Illinois Community Choice Aggregation Network 2
Because the [City/Village] adopted an opt-out aggregation program, all eligible customers located within the
[City/Village]will participate in the Program unless they affirmatively elect to opt out of the Program. By
identifying the procedures by which customers may opt-out of the Program, the [City/Village] ensures that
participation is voluntary and individuals have the ability to decline to participate.
As required by law, this Plan of Operation and Governance describes the [City/Village]plan for:
1)Providing universal access to all applicable residential customers and equitable treatment of
applicable residential customers;
2) Providing demand management and energy efficiency services to each class of customers; and
3) Meeting any other legal requirements concerning aggregated electric service.
Consortium participants conducted a public outreach campaign to educate Consortium residents and small
businesses about the Program, and to gather input regarding their preferences for the development of this
Aggregation Plan of Operation and Governance. Outreach efforts included public meetings, two
statutorily-required public hearings, press releases,and discussions with organizations and residents with a
background in energy matters.
The [City/Village], the Consultant, and the selected ARES will follow the Plan of Operation and Governance set
forth in this document. Amendments to this Plan of Operation and Governance may be adopted in accordance
with the Act at the option of the [City/Village].
II. DEFINITIONS
In order to clarify certain terminology, the following terms shall have the meanings set forth below:
“Act” shall refer to the Illinois Power Agency Act,20 ILCS 3855/1-1 et seq.
“Aggregation”or “Municipal Aggregation” shall mean the pooling of residential and small commercial retail
electrical loads located within the municipality for the purpose of soliciting bids and entering into service
agreements to facilitate for those loads the sale and purchase of electricity and related services and equipment, all
in accordance with Section 1-92 of the Act.
“Aggregation Consultant” or “Consultant” shall refer to any independent consultant with demonstrated expertise
in electric supply contracting that is retained by the [City/Village]or the Consortium to assist with the
implementation of the Program.
“Aggregation Member” or “Member” shall mean a residential or small commercial retail electric account enrolled
in the [City/Village]Municipal Aggregation Program.
“Aggregation Program” or “Program” shall mean the program established by the [City/Village]to provide
residential and small commercial members in the [City/Village]with retail electric supply,as described in this
Plan.
“Alternative Retail Electric Supplier” or “ARES” shall mean an entity certified by the ICC to offer electric power
or energy for sale, lease or in exchange for other value received to one or more retail customers, or that engages in
the delivery or furnishing of electric power or energy to such retail customers, and shall include, without
limitation, resellers, aggregators and power marketers,but shall not include the Electric Utility or the Aggregation
Members. For purposes of this Plan, the definition of Alternative Retail Electric Supplier is more completely set
forth in 220 ILCS 5/16-102.
54
North Shore Electricity Aggregation Consortium [February 22, 2012][City/Village] of ______
Plan of Operation and Governance
Illinois Community Choice Aggregation Network 3
“Ancillary Services”shall mean the necessary services that shall be provided in the generation and delivery of
electricity. As defined by the Federal Energy Regulatory Commission, “Ancillary Services” include, without
limitation:coordination and scheduling services (load following, energy imbalance service, control of
transmission congestion); automatic generation control (load frequency control and the economic dispatch of
plants);contractual agreements (loss compensation service); and support of system integrity and security (reactive
power, or spinning and operating reserves).
“[City/Village]” shall mean the [City/Village]of ____________.
“Commonwealth Edison” or “ComEd” shall mean the Commonwealth Edison Utility Company as the entity that
has a franchise, license, permit or right to distribute, furnish or sell electricity to retail customers within the
Consortium municipalities.
“Consortium” shall mean the North Shore Electricity Aggregation Consortium.
“Default Tariff Service” shall mean the electricity supply services available to eligible retail customers of the
Electric Utility.
“Electric Utility” shall mean Commonwealth Edison, as the entity that has a franchise, license, permit or right to
distribute, furnish or sell electricity to retail customers within the [City/Village].
“Eligible Retail Customer” shall mean a residential and small commercial retail customer of the Utility.
“ICC” shall mean the Illinois Commerce Commission as described in 220 ILCS 5/2-101.
“IPA” shall mean the Illinois Power Agency.
“Joint Power Supply Bid” shall mean the single procurement process utilized by the Consortium on behalf of its
participating municipalities to solicit price and service offers from certified Alternative Retail Electric Suppliers.
“Load” shall mean the total demand for electric energy required to serve the [City/Village]residential and small
commercial customers in the Aggregation Program.
“Opt-Out” shall mean the process by which a Member who would be included in the Program chooses not to
participate in the Program.
“Opt-Out Notice” shall mean the notice delivered to each Member by the ARES, identifying the procedures and
protocols for the Member to opt out of, and choose not to participate in, the Program.
“PIPP” shall mean a Percentage of Income Payment Plan created by the Emergency Assistance Act, 305 ILCS
20-18,to provide a bill payment assistance program for low-income residential customers.
“PJM” shall mean the PJM Interconnection, a regional transmission organization that coordinates the movement
of wholesale electricity in all or parts of 13 states and the District of Columbia including the Commonwealth
Edison service territory.
“Plan” shall mean this Aggregation Plan of Operation and Governance.
“Power Supply Agreement” shall mean the contract between the [City/Village] and the Alternative Retail Electric
Supplier.
55
North Shore Electricity Aggregation Consortium [February 22, 2012][City/Village] of ______
Plan of Operation and Governance
Illinois Community Choice Aggregation Network 4
“REC” shall mean Renewable Energy Credits certified in a manner consistent with the requirements of the Illinois
Renewable Portfolio Standard.
“Retail Customer Identification Information” shall mean the retail customer information supplied by the Electric
Utility to the ARES in connection with the implementation of the Aggregation Program.
“Small Commercial Retail Customer” shall mean a retail customer with an annual peak demand of 100 kWthat
consumes 15,000 kilowatt-hours or less of electricity;provided, however, that the definition of Small Commercial
Retail Customer shall include such other definition or description as may become required by law or tariff.
III. ROLE OF THE CONSORTIUM
A.The Consortium, with the assistance of the Consultant,has conducted a Joint Power Supply Bid,utilizing the
agreed-to technical specifications, bidder requirements, bidding processes, and contract documents,to select
a single Alternative Retail Electric Supplier (ARES). The Consortium has evaluated the bids received and has
recommended a single Alternative Retail Electric Supplier to serve as the electricity supplier to all
participating municipalities in the Consortium.
B.After passage of the referenda within the Consortium participant municipalities, the Consortium, with the
assistance of the Consultant, prepared and submitted to ComEd a warrant, demonstrating the passage of each
Consortium participant’s referendum and requesting the identification of retail and small commercial electric
customer account information and generic load profiles for each Consortium participant.
C.After the adoption of this Plan, the corporate authorities of the [City/Village] will consider approval of the
Power Supply Agreement with the selected ARES for the provision of electrical power to the [City/Village]’s
Program pursuant to the Joint Power Supply Bid.
D.After the adoption of this Plan, the Consortium, with the assistance of the Consultant, shall prepare data
requests for each Consortium participant to submit to ComEd seeking the generic account data of residential
and small commercial retail customers for the Consortium participant.
IV. ROLE OF THE [CITY/VILLAGE]
A.The [City/Village]shall be responsible for all financial obligations identified in the Intergovernmental
Agreementintergovernmental agreement establishing the Consortium.
B.The [City/Village]shall be responsible for issuing all required public notices and conducting all required
public hearings concerning this Plan,and any amendments thereto, in accordance with Section 1-92 of the
Act.
C.The [City/Village]shall be responsible for providing the Consultant and ARES with resources and publicly
available material to screen out customers who are not located within the municipal boundaries. Those
resources may include any or all of the following:property records, water and/or sewer records, fire and/or
police department address records, 911 address records, street listings, and maps.
D.The [City/Village]shall adopt: (1) an ordinance authorizing an opt-out electric aggregation program;and (2)
this Plan of Operation and Governance.
56
North Shore Electricity Aggregation Consortium [February 22, 2012][City/Village] of ______
Plan of Operation and Governance
Illinois Community Choice Aggregation Network 5
E.The [City/Village]may accept or reject the Consortium’s selected ARES or Power Supply Agreement. The
[City/Village]is under no obligation to enter into any Power Supply Agreement with any ARES and may, in
its discretion, choose to have its aggregation members remain on ComEd’s default tariff service, or to re-bid
the electric service under the same or amended terms of this Plan.
F.The [City/Village] and Consultant will review the customer list to remove ineligible customers; provided
however, that the [City/Village] and Consultant shall have no responsibility to potential aggregation Members
or the ARES for the accuracy of the customer account information provided.
G.The [City/Village]shall forward to ComEd requests for consumer account data.
H.The [City/Village]will maintain the customer information it receives in a confidential manner as required by
law,and will use that information only for purposes of its Municipal Aggregation. The [City/Village]may
assign access to the customer information to the Consultant for the purposes of soliciting supply and service
bids on behalf of the [City/Village]. The Consultant is bound by confidentiality requirements in this regard,
and shall only access and utilize consumer data at the direction of the [City/Village]. Customer account
information will be considered confidential and will not be disclosed under the Freedom of Information Act,
except as required by law.
I.The [City/Village]is not responsible for providing electricity to the members of the Aggregation, or for
billing or collecting for electricity provided under any ARES power supply agreement, and has no
responsibility beyond the duties described herein. ComEd will continue to provide a single bill to
Aggregation Members for all electrical charges.
V. ROLE OF THE AGGREGATION CONSULTANT
A.Duties. The Aggregation Consultant shall advise the Consortium and the [City/Village] and shall assist the
[City/Village] with the development and implementation of its Municipal Aggregation Program, including
advising staff and elected officials on all aspects of the program; developing all necessary documents,
soliciting and reviewing bids received, making recommendations as appropriate,and monitoring the ARES’
compliance with the requirements of the Power Supply Agreement.
B.Required Independence and Disclosures. As required by t he Electric Service Customer Choice Act, 220 ILCS
5/16-101 et seq., the Consultant will be in a fiduciary relationship with the Consortium and owes the
Consortium and its participating municipalities the duty of loyalty and independent judgment. The
Consultant will be disqualified if it acts as the agent for any ICC-certified ARES. It is the duty of the
Consultant to disclose any such relationships to the Consortium and to the [City/Village] and to terminate its
agency for the ARES in the event of such a relationship. Breach of these terms may result in the termination
by the Consortium of the agreement between the Consortium and the Consultant.
C.Fee. The Consultant shall be paid directly by the Consortium in accordance with the separate agreement
between the Consortium and the Consultant. The Consortium will be reimbursed by the ARES with whom
the [City/Village] enters into a Power Supply Agreement, in a manner to be approved by the Consortium and
the [City/Village].
D.Confidentiality. The Consultant shall not have access to any confidential customer account information
unless so allowed by the [City/Village]and bound by a confidentiality agreement. In t he event the Consultant
becomes privy to any confidential customer account information, it agrees not to use that information for any
purposes outside the scope of the services provided by its agreement with the Consortium,and specifically
agrees not to use for itself,or to sell,trade,disseminate or otherwise transfer,that information to any other
party for any purpose other than in furtherance of the Aggregation Program.
57
North Shore Electricity Aggregation Consortium [February 22, 2012][City/Village] of ______
Plan of Operation and Governance
Illinois Community Choice Aggregation Network 6
E.Consortium Assistance. The Consultant shall advise the [City/Village]on any changes in laws, rules, tariffs
or any other regulatory matter that impacts the Aggregation during the term of the Power Supply Agreement.
F.Ownership of Work Product. The Consultant shall not: (1) use any [City/Village] or Consortium work
product for any other client; or (2)represent any [City/Village] or Consortium work product as its own.
VI. POWER SUPPLY AGREEMENT
The [City/Village], at its option, will execute a Power Supply Agreement with the selected ARES, in accordance
with the following:
A.Term. The [City/Village]’s first Power Supply Agreement shall be for a minimum of a one-year period. If the
Agreement is extended or renewed, the Consultant will notify the [City/Village] of changes in the rules of the
ICC and IPA that require changes in rates or service conditions. The [City/Village] will have the discretion to
set the length of any subsequent contract term.
B.Rate. The agreement shall specify the approved rates and the power mix for the Program,and shall specify
additional fees (if any).
C.Supply of Power. The ARES shall supply electricity for the program that includes:(1) the minimum
renewable energy resources required by the State of Illinois Renewable Portfolio Standard; and (2) at the
option of the [City/Village], electricity that exceeds the current renewable energy resource requirements of
the Illinois Renewable Portfolio Standard by securing Renewable Energy Credits sourced through
PJM-registered hydroelectric, wind, solar,photovoltaic or captured methane-landfill gas. [OPTIONAL
INSERT: The Power Supply Agreement may also provide that the [City/Village]and the ARES will
cooperate in good faith to implement a process by which individual customers may elect, in their sole
discretion and at their own expense, electricity in excess of the current renewable energy resource
requirements of the Illinois Renewable Portfolio Standard.]
D.Compliance with Requirements in the Bid. The agreement shall require the ARES to maintain all required
qualifications, and to provide all services required pursuant to the Joint Power Supply Bid.
E.Compliance with Plan. T he Agreement shall require the ARES to provide all services in compliance with this
Plan, as may be amended. Specifically, and without limitation of the foregoing, the ARES shall provide the
[City/Village] with such reports and information as required in this Plan.
F.Non-Competition. The ARES must agree not to solicit or contract directly with eligible Aggregation Program
members for service or rates outside the Aggregation Program, and agrees not to use the member information
for any other marketing purposes.
G.Hold Harmless. The ARES must agree to hold the [City/Village]harmless from any and all financial
obligations arising from the Program.
H.Insurance. The ARES shall obtain and maintain, for the duration of the Power Supply Agreement, such proof
of insurance and performance security as the [City/Village] deems necessary.
I.Additional Services. The Agreement may provide that the ARES will assist the [City/Village] in developing
a Member Education Plan.The Agreement may provide that the ARES will assist the [City/Village] in
developing Energy Efficiency and/or Demand Response programs. The Agreement will not preclude the
58
North Shore Electricity Aggregation Consortium [February 22, 2012][City/Village] of ______
Plan of Operation and Governance
Illinois Community Choice Aggregation Network 7
[City/Village] from developing its own Member Education, Energy Efficiency, and Demand Response
programs.
J.Fees and Charges:
1.Additional Fees Prohibited. Neither the [City/Village]nor the ARES will impose any terms,
conditions, fees, or charges on any Member served by the Program unless the particular term,
condition, fee, or charge is: (a) identified in this Plan; and (b) clearly disclosed to the Member at
the time the Member enrolls in, or chooses not to opt out of,the Program.
2.ComEd will continue to bill for late payments, delivery charges, and monthly service fees. T hese
charges apply whether or not a Member switches to the ARES.
3.Termination, Enrollment, and Switching Fees shall not be charged except as permitted by this
Plan.
K.Costs. All costs of the aggregation program development and administration will be paid by the ARES.
Specifically, and without limitation of the foregoing, the ARES shall reimburse the [City/Village] for all
professional, legal, Consultant, and administrative costs incurred by the [City/Village] in connection with its
adoption of its Aggregation Program and the negotiation and execution of the Power Supply Agreement.
L.Termination of Service.
1.End of Term. The Power Supply Agreement with the ARES will terminate upon its expiration.
2.Early Termination. The [City/Village] will have the right to terminate the Power Supply
Agreement prior to the expiration of the term in the event the ARES commits any act of default.
Acts of default include but are not limited to the following:
a. Breach of confidentiality regarding Member information;
b.The disqualification of the ARES to perform the services due to the lapse or revocation of any
required license or certification identified as a qualification in the Joint Power Supply Bid;
c. ComEd’s termination of its relationship with the ARES;
d.Any act or omission which constitutes deception by affirmative statement or practice, or by
omission, fraud, misrepresentation, or a bad faith practice;
e.Billing in excess of the approved rates and charges;
f. Billing or attempting to collect any charge other than the approved kWh rates and
contractually approved charges; or
g. Failure to perform at a minimum level of customer service required by the [City/Village].
Upon termination for any reason, the [City/Village] will notify ComEd to return the Aggregation Members to the
Default Tariff Service. Upon termination, each individual Member will receive written notification from the
[City/Village] of the termination of the Program.
59
North Shore Electricity Aggregation Consortium [February 22, 2012][City/Village] of ______
Plan of Operation and Governance
Illinois Community Choice Aggregation Network 8
VII. PRICING
A.Pricing Methodology. The [City/Village] and the Consortium intend to establish a price for the purchase of
electricity for the Program by first setting a fixed price for the vendor margin to be paid to the selected ARES,
and then by adding the established vendor margin to the market price. T he [City/Village] and the Consortium
reserve the right to establish a price through a different methodology as may be developed by the
[City/Village], the Consortium, and the selected ARES.
B.Commodity Price Settlement. The Consortium and the Consultant will request and receive from the selected
ARES daily market price quotes for 12-, 18-, 24-and 30-month periods upon: (i) the approval of the
referendum in each municipality participating in the Consortium; (ii) approval by each municipality of the
Program and the Plan; and (iii) execution by each municipality of its Power Supply Agreement with the
selected ARES. The daily market price quotes will detail the line item costs of energy supply, capacity,
transmission, and ancillary services, and vendor margin available to the Consortium that day. The daily
market price quotes will be reviewed by the Consultant to establish that the individual pricing details are i)
consistent with market prices and tariffs; and ii) consistent with the terms of the Power Supply Agreement. If
the daily market price quote is deemed unacceptable, the Consortium municipalities will not be obligated to
accept the pricing. If the daily market price quote is deemed acceptable by the Consultant, the Consultant will
inform the representatives of each Consortium participant of the price and pricing components and
recommend acceptance. If accepted, the representatives of each Consortium participant will affirm
acceptance of the commodity price plus the approved vendor margin verbally and in writing to the selected
ARES on that same day.
C.Recording. The commodity price established for the Consortium will be added to the pricing appendix in
each Consortium participant’s Power Supply Agreement. Costs associated with additional Renewable
Energy Credits may be added to the commodity price settlement at the discretion of the [City/Village].
VIII. IMPLEMENTATION PROCEDURES
A.Development of Member Database. Pursuant to ICC regulations, after this Plan is approved by the
[City/Village], the [City/Village]Manager or his or her designee will then submit a Direct Access Request
and Government Authority Aggregation Form to ComEd (ILL.C.C.No.10 Rate GAP Government
Aggregation Protocols, Sheets 406-411, April 17,2011),requesting that it provide the [City/Village] with
Retail Customer Identification Information. ComEd will provide the [City/Village] with the requested
information within 10 business days after receiving the request in accordance with those adopted protocols.
After selecting and contracting with an ARES, the [City/Village], with the assistance of the Consultant, under
confidential agreement with the ARES, will work with the ARES to remove any customers determined to be
ineligible due to one or more of the following:
1. The customer is not located within the [City/Village];
2. The customer has a pre-existing agreement with another ARES and has not delivered to the
[City/Village] a written request to switch to the Aggregation Program;
3. The customer has free ComEd service;
4. The customer is an hourly rate ComEd customer (real time pricing);
5. The customer is on ComEd’s electric heat rate;or
60
North Shore Electricity Aggregation Consortium [February 22, 2012][City/Village] of ______
Plan of Operation and Governance
Illinois Community Choice Aggregation Network 9
6. The customer is on a ComEd bundled hold (i.e. the customer recently terminated service from a
different ARES and re-established service through ComEd).
The ARES and the [City/Village]will complete this eligibility review within 5 business days.
The Retail Customer Identification Information will remain the property of the [City/Village], and the ARES
will comply with the confidentiality and non-compete provisions in the Power Supply Agreement.
After the Retail Customer Identification Information is reviewed, the ARES will mail the Opt-Out Notices
described below to all eligible account holders within the boundaries of the [City/Village].
The ARES shall treat all customers equally and shall not deny service to any customer in the Aggregation, or
alter rates for different classes of customers other than by offering the rates set forth in the Power Supply
Agreement.
B.Maintenance of Accurate and Secure Customer Records. The ARES will maintain a secure database of
Customer Account Information. The database will include the ComEd account number, and ARES account
number of each active Member, and other pertinent information such as rate code, rider code (if applicable),
and usage and demand history. The database will be updated on an ongoing basis.
The ARES shall preserve the confidentiality of all Aggregation Members’ account information and of the
database,and shall agree to adopt and follow protocols to preserve that confidentiality. The ARES, as a
material condition of any contract, shall not disclose, use, sell or provide customer account information to any
person, firm or entity for any purpose outside the operation of this Municipal Aggregation Program. This
provision will survive the termination of the agreement. The [City/Village], upon receiving customer
information from ComEd, shall be subject to the limitations on the disclosure of that information described in
Section 2HH of the Consumer Fraud and Deceptive Practices Act, 815 ILCS 505/2HH.The ARES will keep
Customer Account Information for a minimum of two years following the termination of the Power Supply
Agreement.
C.Opt-Out Process. The [City/Village]’s Aggregation is an opt-out program pursuant to 20 ILCS 3855/1-92.
Any eligible electric account that opts out of the Program pursuant to the procedures stated below will
automatically be placed on the ComEd default tariff service unless and until the accountholder chooses
another ARES.
1.Manner of Providing Notices and Information. The ARES will be required to pay for printing
and mailing of all Aggregation and Opt-Out Notices on [City/Village] envelope and letterhead.
The ARES will mail Aggregation and Opt-Out Notices to the eligible account holders within the
boundaries of the [City/Village] at the address provided with the Retail Customer Identification
Information provided by ComEd. The ARES must manage the Opt-Out Notice process under the
supervision of the [City/Village] and the Consultant. A single database must be used to track
account enrollment and billing data.
2.Content of Notice. The [City/Village]and the ARES will agree to the format and contents of the
Aggregation and Opt-Out NoticeNotices prior to distribution or mailing. No such Notice shall be
distributed or mailed except upon the express prior approval of the [City/Village] . The Notice
will inform the electric account owner of the existence of the Aggregation Program, the identity
of the ARES, and the rates to be charged. The Notice will also inform PIPP customers of the
consequences of participating in the Aggregation.
61
North Shore Electricity Aggregation Consortium [February 22, 2012][City/Village] of ______
Plan of Operation and Governance
Illinois Community Choice Aggregation Network 10
The Notice will provide a method for customers to opt out of the Aggregation Program. The
Notice shall indicate that it is from the [City/Village], and include the [City/Village]name and
logo on the envelope. The Notice shall be signed by a duly-authorized representative of the
[City/Village].
Aggregation Members shall have 21 calendar days from the postmark date on the notice to mail
the Opt-Out card back to the ARES stating their intention to opt out of the [City/Village]
Aggregation Program (“Opt-Out Period”). The ARES may offer additional means of opting out,
such as a toll-free number, website, smart device quick response code, email address or fax
number, each of which must be received within the Opt-Out Period. Upon receipt of an opt-out
reply, the ARES will remove the account from the Aggregation Program. The time to respond
shall be calculated based on the postmark date of the notice to the customer and the postmark date
of the customer’s response.
After the expiration of the Opt-Out Period, the Member list shall become final. All customers
who have not opted out will be automatically enrolled as Members in the Program. Customers
will not need to take any affirmative steps in order to be included in the Program.
In the event that an eligible Aggregation Member is inadvertently not sent an Opt-Out Notice, or
is inadvertently omitted from the Program, the ARES will work with the [City/Village]and the
Member to ensure that the Member’s decision to remain in, or opt out of, the Program is properly
recorded and implemented by the ARES.
3.Notification to ComEd. Pursuant to ILL.C.C. No.10, Rate GAP, after the Opt-Out Notice period
has expired, the ARES shall submit the account numbers of participating Aggregation Members
to ComEd and the rate to be charged to those members pursuant to the Power Supply Agreement.
The ARES will provide that information to ComEd in the format ComEd requires.
4.ComEd will then notify members that they have been switched to the ARES and provide the
me mber with the name and contact information of the ARES. Members will have the option to
rescind their participation in the program according to procedures established by ComEd and the
ARES.
D.Activation of Service. Upon notification to ComEd, the ARES will begin to provide electric power supply to
the members of the Aggregation Program without affirmative action from the members. The service will
begin on the member’s normal meter read date within a month when power deliveries begin under the
Aggregation Program.
E.Enrollments:
1.New Accounts. The ARES must facilitate the addition of new member accounts to the
Aggregation Program during the term of the Power Supply Agreement. R esidents and businesses
that move into the community after the Opt-Out Period will NOT be automatically included in the
Aggregation Program. Members wishing to opt-in to the Aggregation Program may contact the
ARES to obtain enrollment information.All new accounts shall be entitled to the rates set forth
in the Power Supply Agreement.
2.Re-Joining the Aggregation Group. After opting out, Members may rejoin the Program at a later
date in the same manner as new residents moving into the [City/Village]. These members may
contact the ARES at any time to obtain enrollment information. All Members who re-join the
Program shall be entitled to the rates set forth in the Power Supply Agreement.
62
North Shore Electricity Aggregation Consortium [February 22, 2012][City/Village] of ______
Plan of Operation and Governance
Illinois Community Choice Aggregation Network 11
3.Percentage of Income Payment Plan (PIPP) participation. The ARES must facilitate billing for
residents enrolled in the PIPP bill payment assistance program for low-income residential
customers. The ARES must also notify PIPP customers of the consequences of participating in
the Aggregation.
4.Change of Address. M embers who move from o ne location to another within the corporate limits
of the [City/Village]shall retain their participant status, pursuant to Section VIII.G.4 of this Plan.
5.The ARES will establish procedures and protocols to work with ComEd on an ongoing basis to
add, delete or change any member participation or rate information.
F.Member Services:
1. Program Management and Documentation: The ARES must have standard operating procedures
in place that govern Member education, Opt-out notification, Member inquiries, and public
outreach regarding the Aggregation Program.
2.Member Inquiries.
a.Procedures for Handling Customer Complaints and Dispute Resolution. Concerns regarding
service reliability should be directed to ComEd, billing questions should be directed to
ComEd or the ARES, and any unresolved disputes should be directed to the ICC.
b.Telephone Inquiries. The ARES must maintain a local or toll-free telephone access line
which will be available to Aggregation Members 24 hours a day, seven days a week. T rained
company representatives will be available to respond to customer telephone inquiries during
normal business hours. After normal business hours, the access line may be answered by a
service or an automated response system, including an answering machine. Inquiries
received after normal business hours must be responded to by a trained company
representative on the next business day. Under normal operating conditions, telephone
answer times by a customer representative, including wait time, shall not exceed 30 seconds
when the connection is made. If the call needs to be transferred, transfer time shall not
exceed 30 seconds. The ARES shall submit reports to the municipality at least once per
quarter, indicating that it has met these standards at leastThese standards shall be met no less
than 90 percent of the time under normal operating conditions during the preceding quarter,
measured on a quarterly basis.
c.Internet and Email. The ARES must establish and maintain a website for the Aggregation
Members. The website will provide basic information concerning the Aggregation Program
and will facilitate member inquiries by providing a platform for the submission of questions
by email or text. Responses to inquiries submitted through the website platform must be
generated within 24 hours.
d.Multilingual Services. The ARES must provide customer service for Members requiring
non-English verbal and written assistance.
e.Hearing Impaired. T he ARES must provide customer service for hearing impaired Members.
3.The ARES will provide the Aggregation Members with updates and disclosures mandated by
ICC and IPA rules.
63
North Shore Electricity Aggregation Consortium [February 22, 2012][City/Village] of ______
Plan of Operation and Governance
Illinois Community Choice Aggregation Network 12
G.Billing and Fees.
1.Collection and credit procedures remain the responsibility of ComEd and the individual
Aggregation Member. Members are required to remit and comply with the payment terms of
ComEd. The [City/Village] will not be responsible for late payment or non-payment of any
Member accounts. Neither the [City/Village] nor the ARES shall have separate credit or deposit
policies for Members.
2.Early Termination. Members may terminate service from the ARES without penalty if they
relocate outside of the [City/Village]. Members who did not opt out of the Program during the
Opt-Out Period and who later leave the Program for other reasons may be assessed an early
termination fee by the ARES not to exceed $25.
3.Enrollment Fee. For any new Member that joins the Program after the activation of service by the
ARES for the [City/Village], the ARES may charge an enrollment fee only to establish service at
a property for which the ARES had not previously provided service in the preceding 30 days.
The ARES shall not charge any enrollment fee with respect to any property for which the identity
of the Member is changed but at which service is interrupted for a period of less than 30 days.
Any enrollment fee authorized pursuant to this Paragraph shall not exceed $25.
4.Switching Fee. Members changing residency within the [City/Village] will not be assessed early
termination or enrollment fees. The ARES shall continue service at the same rate and under the
same terms and conditions for any Member who relocates within the [City/Village] prior to the
expiration of the contract term, providing that the Member notifies the ARES of his or her desire
to do so with 30 days’ notice.Moving within the [City/Village] may cause the Member to be
served for a brief period of time by ComEd. The ARES shall have the right to bill the participant
for any associated switching fee imposed by ComEd.
H.Reliability of Power Supply: The Program will only affect the generation source of power. ComEd will
continue to deliver power through their transmission and distribution systems. Responsibility for maintaining
system reliability continues to rest with ComEd. If Members have service reliability problems, they should
contact ComEd for repairs. The ICC has established “Minimum Reliability Standards” for all utilities
operating distribution systems in Illinois. Member outages, duration of outages, interruptions, etc., are
monitored to ensure reliability remains at satisfactory levels. In addition to maintaining the “wires”system,
ComEd is required to be the “Provider of Last Resort,” meaning that should the Vendor fail for any reason to
deliver any or all of the electricity needed to serve the Members’ needs, ComEd will immediately provide any
supplemental electricity to the Members as may be required. C omEd would then bill the ARES for the power
provided on their behalf, and the Members would incur no additional cost therefor.
IX. ADDITIONAL SERVICE TERMS AND CONDITIONS
A.Member Education. At the direction of the [City/Village], the ARES will assist the [City/Village]in
developing a Member Education Plan.
B.Reporting. The ARES will provide to the [City/Village] and to the Consultant the following reports:
1.Power Mix Reporting. The ARES will deliver quarterly reports to the [City/Village]and the
Consultant which substantiate that: (a) it generated or purchased electricity with the claimed
attributes in amounts sufficient to match actual consumption by the [City/Village]; (b) the
electricity was supplied to the interconnected grid serving the [City/Village].
64
North Shore Electricity Aggregation Consortium [February 22, 2012][City/Village] of ______
Plan of Operation and Governance
Illinois Community Choice Aggregation Network 13
The report will show the source of the power and demonstrate that the power was provided in
accordance with Renewable Portfolio Standards and the federal Clean Air Act regulations and
permits.
2.REC Reporting. The ARES will deliver reports that provide competent and reliable evidence to
support the fact that it purchased properly certified REC in a sufficient quantity to offset the
non-renewable energy provided in the mix.
3.Aggregation Reports. The ARES will provide the [City/Village] with quarterly reports showing
the number of Members participating in the Aggregation Program and the total cost for energy
provided to the Aggregation as compared to the ComEd’s default tariff service rates. In addition,
the ARES will report its efforts at member education.
C.Limitation of Liability. The [City/Village] shall not be liable to Aggregation Members for any claims,
however styled, arising out of the aggregation program or out of any [City/Village] act or omission in
facilitating the Municipal Aggregation Program.
X. INFORMATION AND COMPLAINT NUMBERS
Copies of this Plan will be available from the [City/Village]free of charge at www.________. Call
XXX-XXX-XXXX for more information. Any electric customer, including any participant in the
[City/Village]’s aggregation program, may contact the Illinois Commerce Commission for information, or to
ma ke a complaint against the Program, the ARES or ComEd. The ICC may be reached toll free at 217-782-5793.
65
Document comparison by Workshare Professional on Wednesday, March 14, 2012 1:50:02 PM
Input:
Document 1 ID interwovenSite://HKDMS/Active/10927874/5
Description #10927874v5<Active> -North Shore Aggregation
Consortium -Template Plan of Governance
Document 2 ID interwovenSite://HKDMS/Active/10927874/6
Description #10927874v6<Active> -North Shore Aggregation
Consortium -Template Plan of Governance
Rendering set standard
Legend:
Insertion
Deletion
Moved from
Moved to
Style change
Format change
Moved deletion
Inserted cell
Deleted cell
Moved cell
Split/Merged cell
Padding cell
Statistics:
Count
Insertions 23
Deletions 12
Moved from 0
Moved to 0
Style change 0
Format changed 0
Total changes 35
66
TOWNLINE PLAYGROUND
LAKE FOREST, IL
ALUMINUM PLAYBOOSTER W/TENDERDECKS
QTY.NO.DESCRIPTION UNIT PRICE PRICE
1 130390A Double Swoosh Slide 72"Dk DB 1,725$
1 123337A Single Poly Slide 40"Dk DB 1,145
1 123763A TurboTwister Tunnel Slide DB Only 3,920
1 131437A Wave Poly Slide 72"Dk DB 1,725
1 122570D Cliff Climber 72"Dk DB 1,570
1 152907A Deck Link w/Barriers 1 Step 1,010
1 176080A Logo Climber 56"Dk DB 1,075
1 116247A Vertical Ladder - Panel 24" 625
1 111353A Track Ride 1,910
1 120873B 84"Disc Challenge w/Handhold Panels 24"Deck Diff Attached To 16"Dk DB 2,170
1 120211A 90*Curved Bridge 72"Dk DB 3,375
1 152443A Peek and Creep w/Barriers 2,535
1 111240A Balcony Deck 930
1 164094B Bongo Reach Panel Ground Level 655
1 116244A Pipe Barrier Above Deck 450
2 125921A TurboTwister Pipe Barrier 480$ 960
3 111260A Recycled 2x4 Roof 1,695 5,085
1 152911B Curved Transfer Module Right 40"Dk DB 2,005
7 111228A Square Tenderdeck 745 5,215
3 111404H 92"Alum Post DB 215 645
9 111404C 132"Alum Post DB 260 2,340
2 111404K 156"Alum Post DB 320 640
4 111403C 166"Alum Post For Roof DB 300 1,200
4 111403A 182"Alum Post For Roof DB 320 1,280
1 139364 PB STEEL DB CORNER ROOF POST FOR TURBOTWISTER 1,245
60" BURY, CR # 51887 v-2
3 136689 216 STEEL POST FOR ROOF, CR#51887 v-2 355$ 1,065
Subtotal 46,500$
Also:
1 173753A Eclipse Net Climber 18,275$
1 100121C Clubhouse w/Sq Poly Roof DB 4,010
1 164075B Double Bobble Rider DB 1,500
1 173591A OmniSpin Spinner Surface Mount 5,950
1 164074B Single Bobble Rider DB 870
3 111640C 5' Contour Poly Bench w/Back No Armrests DB 720$ 2,160
Subtotal 32,765$
PAGE 1 OF 2
March 7, 2012
67
PAGE 2
Swing Set:
2 174018B Belt Seat TenderTuff Chains for 8' Beam Height 135$ 270$
2 176038B Full Bucket Seat TenderTuff Chains for 8' Beam 280 560
1 177351B Molded Bucket Seat w/Harness TenderTuff Chains 725
1 177350B Molded Bucket Seat TenderTuff Chains for 8' Beam 630
1 177332A Single Post Swing Frame 8' Beam Height Only 1,000
2 177333A Single Post Swing Frame Addtl Bay 8' Beam 750$ 1,500
Subtotal 4,685$
EQUIPMENT SUBTOTAL 83,950$
SHIPPING COST 1,465
LESS HGAC DISCOUNT (8%)(6,716)
EQUIPMENT TOTAL 78,699$
SITE WORK BY OTHERS
306 lineal ft.Cost for concrete curbing, 6" wide 7,783$
352 sq. ft.Cost for concrete path 2,439
2 R20C4872 Dynacushion Mats, 4'x6'x2"410$ 820
SITE WORK BY OTHERS TOTAL 11,042$
ALTERNATE FOR ROOF
If Shaker style roof is desired in place of 2 x 4 roof add $2,825 per roof change.
Poured in Place Surfacing
Combination 1-3/4" (600 SQ FT) Thick, 2-1/2" Thick(600 SQ FT), 3" Thick
(1834 SQ FT) AND 3 1/2" THICK (1870 SQ FT) (THICKNESSES ARE SUBJECT TO
A NOMINAL VARIATION) system with a top surface in 50% COLOR/50%
black speckled mix. Includes freight.
4904 SQ FT POURED-IN-PLACE 58,700$
*The above surfacing price includes shipping and installation but does not include
any base construction or preparation.
*Price does not include security as needed to prevent vandalism and or damage
during the installation process and curing time.
*The above prices will be in effect for 120 days.
Large Area - Under Structure and Pathway to Other Items
Combination 1-3/4" (742 SQ FT) THICK, 2-1/2" THICK (743 SQ FT), 3-1/2" THICK
(1485 SQ FT) (THICKNESSES ARE SUBJECT TO A NOMINAL VARIATION)
system with top surface in 50% COLOR/50% black speckled mix.
Includes freight.
2970 SQ FT POURED-IN-PLACE 37,511$
LKF12TWN2a-MS/SW
68
69
AGREEMENT FOR THE OPERATION OF
THE CITY OF LAKE FOREST COMPOST SITE
WHEREAS, THIS AGREEMENT made this 19th day of March 2012, by and between
THE CITY OF LAKE FOREST, a municipal corporation of the State of Illinois (hereinafter
referred to as the “CITY”), and P. Clifford Miller, Inc. (hereinafter referred to as the
“CONTRACTOR”) is entered into for the purpose of the CONTRACTOR operating the CITY
compost site; and
Section I. CITY Responsibilities
Prior to commencement of operation by the CONTRACTOR, the CITY agrees to perform the
following operations/activities:
1. The CITY will maintain a metered water source to the existing facility for the sole
purpose of aiding yardwaste decomposition. Although the water will be metered, there
will not be a charge to the contractor for water used for this operation.
2. The CITY will staff the Route 60 entrance gate when opened to the public on weekend
days, as directed by the City Manager and/or City Council to monitor and regulate
residential access to the facility for the proper disposal of those items as defined in the
facilities’ Rules and Regulations, which such rules and regulations may be amended from
time to time.
3. The CITY will provide general maintenance and repairs to the primary asphalt receiving
pad, the access road leading to the water tank, and the gravel road exiting the receiving
pad.
Section II. CONTRACTOR Responsibilities
The CONTRACTOR shall manage and operate the composting site so as to accommodate all
landscape waste generated by the CITY and its residents including leaves, grass, brush, and tree
limbs up to ten (10) inches in diameter. The CONTRACTOR’S operation shall be subject to
the following requirements/ provisions.
A. Site Operation
1. The CONTRACTOR agrees to process all landscape waste collected by CITY crews
and residents, estimated at no more than 10,000 “compacted” cubic yards annually in
accordance with the IEPA permits; and other regulatory requirements. “Compacted”
cubic yards is defined in Section B1 of this agreement.
2. The contractor shall not bring in any material from the outside to be processed at the
Composting Site. Only material from The City of Lake Forest’s operations and residents
shall be processed.
70
2
3. The CONTRACTOR shall operate the site in a neat and professional manner. More
specifically, the CONTRACTOR shall:
• Remove all material from the receiving pad within 24 hours of it being deposited.
This requires a daily inspection of the receiving pad by the CONTRACTOR.
• All material must be ground and placed into windrows within 24 hours.
• Maintain the Composting Site to include filling of all low spots with clay and / or
asphalt grindings. The areas shall be compacted to grade so that no standing water
exists. Inspection of the Composting Site and repair of all low spots shall occur
weekly.
• The site will be operated in accordance with the IEPA permits and CONTRACTOR
shall at all times maintain the work boundaries as defined in said permit.
4. The site will be available to the CONTRACTOR seven days a week, Monday through
Saturday from 7:00 AM – 7:00 PM, and Sundays from 8:00 AM – 7:00 PM. Any Sunday
operations shall not begin before 8:00 AM and are subject to prior approval by the CITY.
5. The CONTRACTOR will provide for daily weather information by a weather station
deemed appropriate to provide the CONTRACTOR with information which will direct
the processing of the compost material.
6. The CONTRACTOR will position the windrows of composted materials as far away
from neighboring properties as available space permits while complying within the
permitted boundaries as set forth in the IEPA Permit.
7. The CONTRACTOR shall operate the site in a manner which minimizes odors and
maximizes the decomposition rate in accordance with IEPA Permit #1997-185-DE/OP.
8. The CONTRACTOR is responsible for writing and submitting any or all annual reports
required by the IEPA and / or Lake County Health Department.
B. Fee
The CITY and the CONTRACTOR mutually agree to the following fee structure(s):
1. The CONTRACTOR will accept and process landscape waste delivered to the site by
City crews and residents. The material will be comprised of leaves, grass, brush, wood
chips, and tree limbs up to ten (10) inches in diameter. The CITY’S Streets & Sanitation
Supervisor will determine each Monday morning how many loose yards were collected
by the residents over the weekend and what was brought in the previous week by City
operations. The flat monthly rate to operate manage the City’s yard waste is found on
Attachment A of this agreement.
A compacted cubic yard of loose material is calculated by the following calculation:
71
3
• All loose material is pushed up against the push wall with a front end loader.
• The pushed up pile is then measured to determine its area = length x width x
height (measured in feet and inches).
• The pile’s area is divided by 27 (1 cubic yard) and then divided by 3.81
(compaction ratio with the refuse trucks).
• The result is the number of compacted cubic yards for that pile.
The City utilizes both front load and rear load refuse trucks to collect all residential yard
waste. If the rear load truck is full, it will have 25 compacted yards of material. If the
front load refuse truck is full, it will have 30 compacted yards of material.
2. The CONTRACTOR shall invoice the CITY a flat monthly rate of $9,600 for
processing all material deposited at the site from the previous month and make every
reasonable effort to cause statements to arrive at City offices no later than the 5th business
day of each month and payments made within 30 days of receipt.
3. The CONTRACTOR shall make available for inspection by the CITY or duly
authorized representative, all financial documents, maintenance records and operational
records of the CONTRACTOR related to the operations contemplated by this
Agreement.
C. Equipment
The CONTRACTOR shall be solely responsible for providing, or arranging for the
provision of all equipment and labor for the operations, repair, and servicing of equipment, to
include rental necessary to operate the site in compliance with IEPA requirements including
odor control equipment/materials.
D. Compost & Leaf Mulch
1. All Compost (end-product) produced shall be the property of the CONTRACTOR,
except that 800 cubic yards of screened compost, 500 cubic yards of screened leaf mulch,
and 200 cubic yards of double ground wood chips shall always be available to the CITY
and residents at no cost and at a location designated by the CITY. All compost and leaf
mulch shall be screened to ¼” or smaller; wood chips shall be ground twice.
2. The CONTRACTOR shall be responsible for marketing the end product. The name of
the CITY shall not be used in any advertising without prior written permission from the
CITY. The CONTRACTOR may show the site to prospective customers and may
photograph and describe the site so long as the CITY’S name is not included without the
aforesaid written permission. All composted and leaf mulch material shall be removed
from the site by August of the following year. For example, 2011’s compost and leaf
material shall be removed from the site no later than August 1, 2012. Disposition of such
material must be in accordance with the attached IEPA permit and the City shall be
notified of where it is being taken to.
72
4
3. If the CONTRACTOR awarded this contract is different than the CONTRACTOR that
currently operates the Compost Center, the new CONTRACTOR taking over the
operation effective May 1, 2012, shall assume sole responsibility and disposition of all
existing yard waste, compost, leaf mulch, wood chips, and asphalt grindings on site at
that time.
Section III. General Conditions
Both parties to this Agreement hereby subscribe to the following General Conditions.
A. Indemnification
Throughout the term of this Agreement and following the termination of this Agreement to
the extent any such matters described below may arise:
1. Throughout the term of this Agreement the CONTRACTOR will hold and save harmless
the CITY from any and all claims, causes of action and the like, including reasonable
attorney fees, which may arise directly or indirectly out of any act or failure of the
CONTRACTOR to act in connection with this Agreement. The CITY shall indemnify
and save the CONTRACTOR harmless from and against any and all claims, demands,
causes of action, and the like, including reasonable attorneys’ fees and engineering fees,
brought by any person or entity against the CONTRACTOR which pertain to or arise in
connection with the pre-existing conditions at the property and which do not result
directly or indirectly from any act or failure to act of the CONTRACTOR.
B. Insurance
The CONTRACTOR shall secure and maintain such insurance as detailed in Attachment B.
Section IV. Term of Agreement
The CONTRACTOR shall as operator be responsible for regulatory compliance in general, and
specifically, but not limited to the following items.
1. This Agreement shall be in full force and effect from and after the date of the execution
for a period of one year. Provided, however, that the parties may extend the term for an
additional second and third year by agreement of both parties.
2. During the term of the Agreement, the CONTRACTOR shall ensure that the facility, any
end-product compost, and all of the CONTRACTOR’S operations comply with all valid
and applicable laws, ordinances, rules, regulations, permits and orders - issued by federal,
state, or local authorities - governing such facility, compost, or operations, including, but
not limited to, the requirements of 35 Illinois Administrative Code Parts 830, 831, and
832.
3. In the event that the Compost Site cannot be operated as provided in this Agreement, or
that odor control at the Compost Site is determined by the City staff to be unsatisfactory,
73
5
this Agreement may be canceled by the CITY upon 30 days written notice. This
Agreement shall be subject to immediate termination without notice if the IEPA Permits,
or any other license or permit required for the lawful operation of the Compost Site, is
suspended or revoked. In the event of termination under this paragraph, residual matter
shall continue to be processed by the CONTRACTOR until the material is ready to be
screened.
4. In the event the CONTRACTOR is unable to suitably operate the facility, the
CONTRACTOR may cancel this Agreement upon 45 days written notice to the CITY,
provided that the CONTRACTOR shall load and transport all remaining material to a
satisfactory, IEPA approved alternate site for the deposit of landscape waste as
contemplated under this Agreement. A satisfactory site shall be one having sufficient
tipping capacity for landscape waste generated by the CITY for the remainder of the
calendar year in which cancellation occurs, and charging no greater rate than the rate then
charged by the CONTRACTOR under this Agreement.
Section V. Penalty Clause
In the event of a breach of this Agreement by either party, the other party, at its option, may
terminate this Agreement upon 45 days written notice, provided however that the party in breach
may cure any default within the 45-day period. Any default of this Agreement will result in the
CONTRACTOR adhering to the terms set forth in the Section IV, Item 4 of this Agreement. If
the CONTRACTOR is found to have violated IEPA regulations, the City Council may, at its
discretion, levy a fine of up to $1,000 for each day, for the first offense, that the violation existed
at the site. The second offense shall be fined at $2,000 per day that the violation existed on site.
The third offense shall be $3,000 per day that the violation existed on site.
Section VI. CONTRACTOR Accountability Measures
1. The CITY will have the option to stop CONTRACTOR operations on any day when
odor level is deemed unacceptable by the CITY, except if such a stoppage would put the
site out of regulatory compliance.
2. The CONTRACTOR and CITY shall continue to meet as-needed during periods of
March 15 - December 15 to inspect the site and address any operational concerns.
3. The CONTRACTOR will submit written monthly reports to the CITY no later than the
15th of the following month to include the volumes of incoming materials and outgoing
finished product.
4. The CONTRACTOR will make itself available for all City Council and/or Committee
meetings to review operations upon request of the City Manager or his duly authorized
agent.
74
6
5. The CITY and the CONTRACTOR agree to actively participate with the Illinois
Department of Health, Illinois Environmental Protection Agency, and Lake County
Health Department on any health related studies associated with the operation of said
compost facility. The CONTRACTOR shall develop, write, and apply for all necessary
IEPA compost and transfer permit renewals and / or change of contractor notice.
6. The CITY’S independent auditor may review the CONTRACTOR’S yearly financial
records to insure full compliance with this agreement upon request of the City Manager.
The Auditor’s review shall be limited to those records which pertain to Lake Forest
operations covered by this agreement. These records will be kept in separate accounts for
audit purposes.
7. The CITY and CONTRACTOR will cooperate in the preparation of publications to
provide information to reduce homeowners’ overall yardwaste quantities.
75
7
IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year first
above written.
CONTRACTOR:
By:
Attest:
CITY: The City of Lake Forest
By:
City Manager
Attest:
76
8
ATTACHMENT A
FEES
The following flat monthly rate shall be paid to process all yard waste material as defined in
Section B, Item 1 of this Agreement:
$9,600 / month
77
9
ATTACHMENT B
INSURANCE REQUIREMENTS
These requirements are baseline standards for insurance to be provided in City procurements.
They may require adjustment from time to time based on a variety of factors, including the
nature, scope, duration, and value of the procurement, subject to approval of the City Manager.
A. Worker’s Compensation and Employer’s Liability with limits not less than:
(1) Worker’s Compensation: Statutory;
(2) Employer’s Liability:
$500,000 injury-per occurrence
$500,000 disease-per employee
$500,000 disease-policy limit
Such insurance shall evidence that coverage applies in the State of Illinois.
B. Comprehensive Motor Vehicle Liability with a combined single limit of liability for
bodily injury and property damage of not less than $2,000,000 for vehicles owned, non-
owned, or rented.
All employees shall be included as insureds.
C. Comprehensive General Liability with coverage written on an “occurrence” basis and
with limits no less than:
$2,000,000 Bodily Injury and Property Damage Combined Single Limit
Coverage is to be written on an “occurrence” basis.
Coverages shall include:
- Broad Form Property Damage Endorsement
- Blanket Contractual Liability (must expressly cover the indemnity provisions
of the Contract)
- Premises/Operations
- Products/Completed Operations (to be maintained for two years following
Final Payment)
- Independent Contractors
- Personal Injury (with Employment Exclusion deleted)
- Broad Form Property Damage Endorsement
- Bodily Injury and Property Damage “X”, “C”, and “U” exclusions shall be
deleted.
Railroad exclusions shall be deleted if Work Site is within 50 feet of any railroad track.
78
10
D. Builders Risk Insurance, written in completed value form, to protect the supplier or
vendor and the City against “all risks” of direct physical loss to buildings, structures,
equipment, and materials to be used in providing, performing, and completing the
construction, including without limitation fire, extended coverage, vandalism and
malicious mischief, sprinkler leakage, flood, earth movement, and collapse, and shall be
designed for the circumstances that may affect the construction.
This insurance shall be written with limits not less than the insurable value of the project
at completion. The insurable value shall include the aggregate value of City-furnished
equipment and materials to be constructed or installed by the supplier or vendor.
This insurance shall include coverage while equipment or materials are in warehouses,
during installation, during testing, and after the project is completed, but prior to final
payment. This insurance shall include coverage while the City is occupying all or any
part of the project prior to final payment without the need for the insurance company’s
consent.
E. Owner’s and Contractor’s Protective Liability Insurance, in the name of the City with
a combined single limit for bodily injury and property damage of not less than the amount
required by the City Manager. This requirement shall apply to construction projects.
F. Professional Liability Insurance, with a limit of liability of not less than $1,000,000 per
occurrence and $2,000,000 in the aggregate and covering the supplier or vendor against
all sums that supplier or vendor may be obligated to pay on account of any liability
arising out of the contract. This requirement shall apply to design and consulting
projects, as well as to contracts for professionals involved in construction projects.
G. Umbrella Policy. The required coverages may be in any combination of primary, excess,
and umbrella policies. Any excess or umbrella policy must provide excess coverage over
underlying insurance on a following-form basis such that when any loss covered by the
primary policy exceeds the limits under the primary policy, the excess or umbrella policy
becomes effective to cover such loss.
H. City as Additional Insured. The City shall be named as an Additional Insured on all
policies except for:
Worker’s Compensation Professional Liability (if applicable)
Each such additional Insured endorsement shall identify the City as follows: The City of
Lake Forest, including its City Council members and elected and appointed officials, its
officers, employees, agents, attorneys, consultants, and representatives.
I. Other Parties as Additional Insureds. Other entities should be included and named as
additional insured on appropriate policies.
79
THE CITY OF LAKE FOREST
SALT PURCHASING HISTORY
WINTER
SEASON AGENCY CONTRACT (TONS)
COST PER
TON VARIANCE
ACTUAL
TONS USED
1994 - 1995 State 2,000 $26.26 1,426
1995 - 1996 State 2,000 $27.04 0.78 2,646
1996 - 1997 State 2,000 $27.55 0.51 2,667
1997 - 1998 State 2,000 $28.54 0.99 1,592
1998 - 1999 State 2,000 $28.54 0.00 2,081
1999 - 2000 State 2,000 $26.83 (1.71)2,352
2000 - 2001 State 2,000 $27.37 0.54 2,563
2001 - 2002 State 2,000 $31.48 4.11 1,666
2002 - 2003 State 1,850 $31.48 0.00 2,242
2003 - 2004 State 2,000 $32.09 0.61 1,623
2004 - 2005 State 2,000 $32.00 (0.09)2,173
2005 - 2006 State 2,000 $36.66 4.66 1,396
2006 - 2007 State 2,000 $41.68 5.02 2,183
2007 - 2008 State 2,000 $41.65 (0.03)3,520
*Additional Purchase 396 $59.66
*Additional Purchase 50 $111.00
*Additional Purchase 194 $151.00
*Additional Purchase 375 $195.04
2008 - 2009 CLF 2,000 $126.28 84.63 2,317
*Additional Purchase 505 $136.68
2009 - 2010 State 3,000 $64.00 (62.28)3,060
2010 - 2011 Consortium 3,000 $63.60 (0.40)3,755
2011 - 2012 Consortium 2,500 $65.64 2.04 1990
80
THE CITY OF LAKE FOREST
SALT USAGE FOR FY2012
Starting
Tonnage
Delivered
(in tons)
Total Used
(in tons)
Balance
Available
(in tons)
Inches of
Snow
Inventory (FY11)700.00
October, 2011 Total 700.00 1,200.00 0.00 1,900.00 0.00
November, 2011 Total 1,900.00 0.00 0.00 1,900.00 0.00
December, 2011 Total 1,900.00 0.00 (480.00)1,420.00 1.00
January, 2012 Total 1,420.00 0.00 (890.00)530.00 12.00
February, 2012 Total 530.00 1,300.00 (490.00)1,340.00 7.00
March, 2012 Total 1,340.00 0.00 (130.00)1,210.00 1.00
April, 2012 Total 1,210.00 1,210.00
YTD Total:2,500.00 (1,990.00)1,210.00 21.00
17-Year Average Estimated
Monthly Usage
Estimated
Usage (%)
Estimate
Usage
(Tons)
November 3%65.6
December 23%503.2
January 30%656.4
February 25%547.0
March 16%350.1
April 3%65.6
Total 2,188.0
# of Budgeted Plowing Events:14
# of Actual Plowing Events (to date):12
# of Budgeted Salting Events:12
# of Actual Salting Events (to date):14
Revised: 3/14/2012
81