R-18-09 Res Design Svc Wight for PDRESOLUTION R- (6- - 01
A RESOLUTION TO APPROVE ADDITIONAL DESIGN SERVICES
WITH WIGHT FOR LEMONT POLICE STATION
NOW, THEREFORE BE IT RESOLVED by the President and Board of Trustees of the
Village of Lemont that:
SECTION 1: That the Village Administrator is authorized to approve additional
design services cost for the Village of Lemont Police Station.
SECTION 2: Effective Date: This Resolution shall be in full force and effect from
and after its passage, approval and publication in the manner provided by law.
The Village Clerk of the Village of Lemont shall certify to the adoption of this
Ordinance and cause the same to be published in pamphlet form.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES ILLINOIS
on this Z17 Day of MckitAin , 2009.
Debby Blatzer
Peter Coules
Clifford Miklos
Brian Reaves
Ronald Stapleton
Jeanette Virgilio
Attest:
AYES NAYS PASSED ABSENT
v
Y
V
J
JOHN ' . ' IAZ A, ' illa i ire rdent
CHARLENE SMOLLEN, Village Clerk
ht
March 4, 2009
Mr. Gary Holmes
Village Administrator
Village of Lemont
418 Main Street
Lemont, IL 60439
Lemont Police Facility
Design Additional Services
Dear Mr. Holmes:
2500 North Frontage Road
Darien, IL 60561
630.969.7000
Fax 630.969.7979
We have been reviewing projected final project financials with Ben Wehmeier and as
part of that review we discussed various additional services that are being provided
by Wight & Company and our consultants outside of our original scope. We have
received various verbal approvals for portions of the work scope, but please accept
this letter as a formal request for approval of the additional services and a summary
of the projected expenditure. The additional services have been in three major areas
as follows and described in more detail below:
• Army Corps Permitting & Compliance (Wight Billing Group S0302)
• Radio Communications Design & Coordination (Wight Billing Group S0402)
• Rezoning & Special -Use Approval Support (Wight Billing Group S0602)
Army Corps Permitting & Compliance
As part of the process for getting approvals for the stormwater detention basin
shared with St. Matthew Church, the project was required to secure a Wetlands
Impact permit from the Army Corps of Engineers (ACOE) and to comply with their
construction procedures and closeout requirements. This work scope is comprised of
three significant items as detailed below:
• Permit Application & Exhibits and Permit Expediting
This work scope began in May of 2008 with the initial discussions and meetings
with the ACOE on how to approach the permitting and schedule for approval.
Work proceeded from there with the preparation of permit application forms and
special submittal documents including treatment train exhibits and narratives to
show stormwater best management practices that allowed for a permit to be
pursued. Wight was supported by Bollinger Environmental in the preparation of
the permit application.
Mr. Gary Holmes
Village of Lemont
March 4, 2009
Page 2 of 4
Upon submittal of the permit application Wight coordinated with the ACOE to
expedite permitting including review of ancillary drainage issues in the area to aid
the ACOE with neighbor complaints. Wight also coordinated with St. Matthew
Church on the necessary signatures for full permit execution.
The total fee for this scope is $12,100 and this scope is complete.
• Construction Phase Activities / Inspections and Compliance
During the construction phase Wight along with Bollinger Environmental
maintained correspondence with the ACOE in responding to questions on project
status and compliance with Soil Erosion and Sedimentation Control requirements.
A significant component of this work effort was the ACOE's required weekly
inspection and submittal of SESC inspection reports. These inspections are being
performed by Bollinger Environmental. Additionally, the ACOE has requested that
changes in the originally planned SESC measures be enacted. These changes
include the addition of more silt fencing and the installation of a stormwater
outflow riser to restrict the flow of stormwater from the basin while under
construction. Wight provided additional design detailing for these measures and
coordinated with the trades for implementation.
This work is ongoing and will continue through the end of construction. We have
projected a total fee for this effort of $20,500.
• Closeout, Maintenance & Monitoring Requirements
The ACOE has (to date) identified a requirement for annual maintenance and
monitoring of the plantings in the stormwater detention basin to ensure they are
maturing properly and consistently with the design concept. They are requiring
two years of such monitoring. Bollinger Environmental will be providing these
inspections and the required reports to the ACOE. This phase of work also
includes closeout paperwork for the transfer of permit responsibility from St.
Matthew Church to the Village of Lemont once the project is completed and the
transfer of property is recorded. We have not included the design of any remedial
action that may become necessary or additional review or oversight that the ACOE
may request in the future depending upon how future reports are received and
reviewed by the ACOE, but all currently known requirements are included in the
proposed fee.
This work has not been started and will continue after construction has been
completed. We have projected a total fee for this effort of $5,200.
The total for all three parts of Army Corps Permitting is $37,800.
Mr. Gary Holmes
Village of Lemont
March 4, 2009
Page 3 of 4
Radio Communications Design & Coordination (50502)
Wight has been facilitating the Police and LEMA radio communications design in an
effort to identify and finalize the group's requirements for communications, and
provide information to the board as to the requirements. We have been working
with United Radio Communications, Inc. (URCI) to develop the necessary scope to
support the needs. This work effort will also include the coordination with URCI to
have the equipment orders placed and coordinated for install in the field.
Also included in this work scope is the coordination of the radio communications
tower. Work included definition of the design requirements, preparation of a
construction document bidding package and construction administration for the
installation (shop drawings, submittals). Wight also provided support on the
communications approval with review of citizens concerns, standards and
coordination with the Chief during the public hearing process.
This work is ongoing and will continue through the end of construction. We have
projected a total fee for this effort of $18,000.
Rezoning & Special -Use Approval Support (S0602)
Wight provided support during the Village process of re- zoning the site and approval
of the special -use for communications tower. Work efforts included attendance and
participation at the Planning Si Zoning public hearing, and the Committee of the
Whole meeting. Work also included preparation of exhibits for the re- zoning and a
sample rendering for the communications tower.
The total fee for these services is $2,300 and this assignment is complete.
I have reviewed these additional fee items preliminarily with Ben, but I would be
happy to go through this with you in more detail if you have any questions about
the specifics of any item noted herein. Please signify your approval of these
additional services billing so that we can proceed to invoice for work completed.
Sincerely,
WIGHT & COMPANY
Jason P. Dwyer, AIA, LEED AP
Project Executive
Mr. Gary Holmes
Village of Lemont
March 4, 2009
Page 4 of 4
Accepted by: Village of Lemont
Accepted By (Signature):
Printed Name & Title
Date:
Copy: Ben Wehmeier - Village of Lemont
S. Collins, - Wight & Company
File A2.0
RESOLUTION - n g
RESOLUTION APPROVING TEMPORARY CONSTRUCTION AND PERMANENT
STORM WATER AND DRAINAGE EASEMENT FROM
ST. MATTHEW EVANGELICAL LUTHERAN CHURCH
WHEREAS, the Village seeks to acquire a temporary construction and permanent storm
water and drainage easement from St. Matthew Evangelical Lutheran Church in conjunction with
the construction of a new Police facility at 14574 127`h Street; and
WHEREAS, the Document attached hereto as Exhibit A outlines the terms and conditions
of the Grant of Easement, and additional conditions agreed to by the parties.
NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the
Village of Lemont as follows:
Section 1. That the Village President is hereby authorized to execute the Document attached
hereto on behalf of the Village of Lemont; and
Section 2. That the Easement Agreement with St. Matthew Evangelical Lutheran Church
and the terms and conditions outlined therein are hereby approved.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS,
on this 14th day of July , 2008.
Debby Blatzer
Peter Cowles
Clifford Miklos
Brian Reaves
Ronald Stapleton
Jeanette Virgilio
Attest:
AYES NAYS PASSED ABSENT
V
v
v
v
CHARLENE SMOLLEN, Village Clerk
This document prepared by and after
recording should be mailed to:
James E. Olguin, Esq.
Goldstine, Skrodzki, Russian,
Nemec and Hoff, Ltd.
835 McClintock Drive, Second Floor
Burr Ridge, Illinois 60527 -0860
(The Above Space For Recorder's Use Only)
TEMPORARY CONSTRUCTION AND
PERMANENT STORM WATER AND DRAINAGE EASEMENT
THIS TEMPORARY CONSTRUCTION AND PERMANENT STORM WATER AND
DRAINAGE EASEMENT (this "Agreement ") is made and entered into this day of July_,__,
2008, by and between the Village of Lemont, an Illinois municipal corporation (the "Village ")
and St. Matthew Evangelical Lutheran Church of Lemont (the "Grantor").
WITNESSETH:
A. Grantor is the owner of that certain parcel of land located in Cook County, Illinois,
having the PIN of and legally described on Exhibit "A" attached hereto and a
part hereof (the "Church Property ").
B. The Village is the owner of a contiguous parcel of land legally described on Exhibit
"B" attached hereto and made a part hereof (the "Village Property ").
C. The Village is in the process of development and construction of a Village Police
Station, and has agreed to construct its storm water detention facility to
accommodate the Village storm water detention and the future development of
Grantor's property.
D. The Village further desires an easement over and across a portion of the Church
Property for the purpose of constructing a storm sewer line (the "Sewer Line ") and
Grantor desires to grant to the Village such easement.
E. Grantor desires to grant to the Village, and the Village desires to receive from the
Grantor a Temporary Construction Easement, in, to, on, over, under and through
a portion of the Church Property for the limited purpose of constructing the
detention basin and storm sewer system on Church Property as shown on the
attached Exhibit "C."
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reitleoileasitit are amiteable to the dranthee40... r.14404400100Melt Olt*:
m:049).thgaNititinAhlhovoritigned areinloihe confraryi the,
Village shall not be required to waive its right to reimbursement of professional
review charges or that portion of any permits fees that are allocated to other
governmental entities. In addition, Grantor's right to a waiver of the permit fees Is
non - transferable and only applicable in the event the Church Property is developed
for church related uses.
12. Covenants Run with Land. All provisions of the Agreement, including the benefits
and burdens, shall run with the land and are binding upon and inure to the benefit
of all parties having or acquiring any right, title or interest in or to any portion of, or
interest or estate in, the Church Property and the Village Property. The terms
"Village" and "Grantor" as used herein shall be deemed to include any and all
successors, grantees and assigns of the undersigned parties, as well as future
successors, grantees and assignees of any portion or subdivision of the Church
Property or the Village Property, and their respective successors, grantees and
assigns.
13. Indemnification and Release of Claims. Village shall: (a) assume sole and entire
responsibility for any and all loss of life, injury to persons or damage to property that
may be sustained due to the activities, operations or use of the Church Property by
Village, its agents, employees and contractors, and those claiming by, through or
under Village; and (b) indemnify, defend and hold harmless Grantor, and its
respective officers, directors, employees, agents, contractors and invitees from and
against any and all liability, loss, claims and expenses (including reasonable
attomeys' fees) that are due to activities, operations or use of the Church Property
by the Village.
14. Amendments and. Additional Documents. This Agreement contains the entire
agreement between the parties relating to the grant of easements over, under,
through and across the Easement Premises. Upon termination of the Temporary
Construction Easement in accordance with Section 2 thereof; the parties shall
execute and record an acknowledgment of same. The parties further agree to
promptly execute and deliver: (a) such further documents as may be reasonably
requested by the other party in order to . more fully effectuate the terms and
provisions of this Agreement; and (b) any modification, amendment, estoppel or
supplement to this Agreement requested by any lender providing financing or
refinancing for the acquisition, construction, maintenance, alteration, restoration or
repair of any improvements made to the Village Property, the Church Property, or
any part thereof, so long as such modifications, releases, amendments, estoppels
or supplements are reasonable and do not materially and adversely affect the
duties, obligations, rights and privileges created hereunder.
15. Notices. All notices and other communications given pursuant to this Agreement
shall be in writing and shall be deemed properly served if delivered on the first day
following delivery to an overnight courier service or on the third day after deposit in
4
the U.S.. Mail as registered or certified mail, return receipt requested, postage
prepaid, as follows:
Grantor:
With copy to:
The Village:
With copy to:
St. Matthew Evangelical Lutheran
Church of Lemont
305 Lemont Street
Lemont, Illinois 60439
Richard J. Skrodzki, Esq.
Goidstine, Skrodzki, Russian, Nemec and Hoff, Ltd.
835 McClintock Drive, Second Floor
Burr Ridge, Illinois 60527 -0860
Village of Lemont
418 Main Street
Lemont, Illinois 60439
John P. Antonopoulos, Esq.
Antonopoulos & Virtel, P.C.
15419 127th Street, Suite 100
Lemont, Illinois 60439
Addressees and addresses may be changed by the parties by notice given in
accordance with the provisions hereof.
16. Governing Law. This Agreement and the obligation of the parties hereunder shall
be governed by and construed in accordance with the laws of the State of Illinois.
17. Enforcement. If any party hereto shall default in the performance of an obligation
under this Agreement or otherwise breach a provision of this Agreement (such party
being herein called the "Defaulting Party "), the other party (the "Enforcing Party ")
shall be entitled to obtain an order specifically enforcing the performance of that
obligation or any injunction prohibiting that breach. The foregoing shall be in
addition to all other remedies that may be available to the Enforcing Party at law or
in equity. In any action between the parties concerning this Agreement, the
prevailing party shall be reimbursed by the other party on demand for all costs
reasonably incurred by the prevailing party In connection with the action, including,
without limitation, reasonable attorneys' fees, court costs and related costs.
18. Non- waiver. Neither the failure nor delay of either party to enforce any violation of,
nor to insist upon the strict performance of, any obligation under this Agreement,
shall be deemed a waiver by such party of any other future breach. A waiver by
either party of a breach of, or a default in, any of the terms of this Agreement by the
other party shall not be construed to be a waiver of any subsequent breach of or
5
default in the same or any other provision of this Agreement. No party's exercise of
any remedy under this Agreement shall be deemed to be an election of remedies
or waiver of any other remedy provided for in this Agreement, or otherwise available
at law or in equity.
19. Severability. If any provision of this Agreement or the application of any provision
to any person or circumstance shall, for any reason and to any extent, be invalid or
unenforceable, the remainder of this Agreement shall remain unaffected and shall
be enforced to the fullest extent permitted by law. In addition to the extent possible,
any such term or provision shall be deemed modified so that the intention of the
parties, is maintained to the extent permitted by applicable law.
20. Headings /Exhibits. The Article headings in ths Agreement are for convenience
only, and shall in no way define or limit the scope or content of this Agreement, and
shall not be considered In any construction or interpretation of this Agreement or
any part hereof. Any reference to an Exhibit in this Agreement shall be deemed to
incorporate by reference that exhibit into this Agreement such that it is an integral
part of this Agreement.
21. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed to be an original, but all of which together will constitute one and
the same instrument.
22. Authority. Grantor represents and warrants to the Village that it has full power and
authority to execute this Agreement and will obtain the opinion of legal counsel
representing Grantor that will confirm that Grantor has the full power and authority
to execute this Agreement and made such conveyances as required under its
terms.
23. Recording: At the time of execution of this Agreement, certain plans and exhibits
have not been finalized. It is the intention of the parties that these exhibits and
plans shall be completed in a manner consistent with the terms of this Agreement
and in substantial conformance with Wright & Company's "Shared Storm Water
Detention Exhibit" dated May 8, 2008. This agreement shall not be recorded until
such time as the final plans and exhibits are completed and approved by the parties
hereto.
[Signatures Appear on the Following Page]
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement and affixed
their seals as of the day and year first above written.
GRANTOR:
St. Matthew Evangelical Lutheran
Churc of Lemont
By. 4 (L�. , /. ,,
VILLAGE:
Village of Lemont,
an Illinois m icipa
cc:;, ..bl}zir By:
Attest:
/ #tee.Ttj<
Attes
C ariene M. SmoII : n, Village Clerk
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HERE =Y RTIFY that St. Mat he Evangelical Lutheran Church of Lemont, by
„ , , i • and tif/tnQb 41, , personally known to me to be the same
pers • ns whose names are subscribed to the foregoing instrument appeared before me this
day in person and acknowledged that they signed and delivered the said instrument as
their own free and voluntary act and as the free and voluntary act of said St. Matthew
Evangelical Lutheran Church of Lemont, for the uses and purposes therein set forth.
Given under my hand and Notarial Seal this day of July, 2008.
Nota
STATE OF ILLINOIS )
SS.
COUNTY OF COOK )
Pubfi
R®4YATES
NOTARY
OMNNSSION STATE
MKS 034042
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY that John F. Piazza, Mayor of the Village of Lemont, and Charlene M.
Smollen, Village Clerk of said Village, personally known to me to be the same persons
whose names are subscribed to the foregoing instrument as such Mayor and Village Clerk,
respectively appeared before me this day in person and acknowledged that they signed
and delivered the said instrument as their own free and voluntary act and as the free and
voluntary act of said Village, for the uses and purposes therein set forth; and the said
Village Clerk then and there acknowledged that she, as custodian of the corporate seal of
said Village, did affix the corporate seal of said Village to said instrument, as her own free
and voluntary act and as the free and voluntary act of said Village, for the uses and
purposes therein set forth.
Given under my hand and Notarial Seal this 16 day of July, 2008.
Nota
366654.5 8
Public
OFFICIAL IEAt.
ROBEMAY YATI"S
NOTARY PUBUC, STATE o: h.UNoI S
MY COMMISSION EXPIRES 8.13.2012