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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." 1 .d" stros ttivrant-titYthe Yit lagai 0110 11).0)fifielge deairati*tA01.*a'fpom 6‘. tread an' ent:taseminttarthe :sioim;watersykemfram V'illage's Property iii0POted StOrritiNiatartiatkition ,dratiOrfiSfref :.t0411r016114ititi-Yttaggere..11t 1,0APP:00,00.0610:40.41-7400000.. Mar ompJetion, nit shall ba respDnsft,e for the oonstniotibn and e140 fa•MRtiratKliki:;VtiOrtOd Oetifilta: 14.0W4140.11EFOREriln,sonaidarafforcof.the forgoing: . . . 1 itealtafm iirioorporafacf *it. 1010aranow, V. - ' --fwila to: •1-. :graernerit are 1tO4bratadbrotams;itthaybittbsin sat':forth 'Ititne-text;OttikliAgreamint. and Oratitelt11#44Admostsftilltilt110- IMO*, L. 4 : 4 4 r i t Or ---- - - - COlis1itt4tr' taditY 404 Ilitittla freakfiViellitinanoo 4 SOMOIllk , .,,.. -710.Witrit", 0, ci-----"- ##.1100t4tt 00.00.0419-k .• . illasextstit,phi ‘. *paw Construllon Easement Ih .-: p.nt o'er ihrotiott and 00:040341::# . t6 alb huttit Ptop r the purose -'• - oilaiititc• • 4000: sower:01w -alernandlii`Ornivatar 0 : -* ...a. .t thehibt 19'4:: ' eornpJeIon.orrnestonn imoNe6abiktikaaVam dftt,the VfiIag e:iii tgrada the :..:::,L:74:::;arA.,,..ap'OOWJM.sfVikaOrittg,i)).afi*aM4YedWitf. ,,tatitraii0 1:, • orantotokimorievit.00.490. ase....,.„ .... ..„.4i.o.e•W ....kgOotid ' ti....4it A 1:1a,ntartent,`,:noips.istilakaosaiimoint.. inninont asamenif) to4lia'Ailigs. 00,114P'`...011*40.):1.44.$490111t.kiermiti .... . . . • . . • , ... OOPtjv* tcessdr, ztsitifoot; and assigns (toschsitafT persi beIfl aGrante irdlaraunderfiorpciravaaxtittei' 7.0itittlifi;10,. ti.kitigett ti ORIA: ' ....- ."'00.11001,,Ofilie Church 1twper1 i 114Tos6sfaten0 tptcrn, Otwer4 Ihage Inprovints 14,:$ 0' ••1 tiel,..Attablaad.kiSilkiba Wiftasernont Prernisial urt :site allow.' tJ • 1.111'0 0:,t4.1110.0V -0,16.01tit...00-$1t; 0010:0* O: .- 4 ' r .140*00 -''' .iiirgress4ognsseand4taittorianottiovoretil ' qtoiagonitiiish ., 1 .400)4.10.104ilf0.0.:It' -10,10diWItikitesei.anjeit .. „, , • OotivoAno.crottfetantionOicilt: , ,A.ftiortonstrootion,OtilmdatantiOnlid1110 and $Nt.. Sewer f4.fgerk,• ttt volotto :#4: 'oil ow 1 and • -.: i-.. ----tot low oberiek.4 Warran.tiload:owna0iiipittina.40 ,nticsnlika) , and cctfpu 10 4-0.31)0:4000.1.01r: itfa0iiitkillio ' • - Q, ui:. , wisize andloo _ouzo- :: , '-iatatitiory fa-di* . , . 010111 0- 4141.0.01it : ... 4.. _ Ito 1.',g lotteritt :pc ' • - •• ,n. 45:gtittit:Tit*-14_ : - and . difa' . :wilt fa fast rayitifort -date o .14..,, ......, ..;:_.. :,, • .1044 ' .9104tINEN OV: .01..: 0.:11.r .80.4t.:01:0 402011.0.10441.0.* s n hriger . used by . the -:::'.:1110 wittr,dii.6nilbri:.....urgoseakilTetrantor-shittil hava1fis..00" ....,91 ilOttratiOltid ' ' WM O.hiklii0 Otitaittlon Oaroit. 2 004-Shatinwottletenlion. Ra010y4The:Village will be...stitelt.reeponeiblelerthe ...V0110401.1..01'111.00 4010,141.04:-401.1V:a0 .At0Orn:Atiiverl:sySt00%.„ The cost g, the lieferifietilatlikeshatibe:elioeaied th:theilOilewhg ;040-0000:01t#1.V09100:111000410 itikottintOt and twenty:,eattatit P004) t.tt'llie Vilagel....ThiveaVotthe detentlen #00:ittaTtxt Kw): iser-o:SYSt011t 0.0.00.0111111.0.: 41101 14014.000 the. irhereytenvitittoatt&ve allocated lefiNeen :,-eAtillage..and -Grankci tt0.0,1040 0: Met coi.p1efton af thettatention. aftfigiAkle Lonfort the Pjlirktir Oat: kat, jt$:: • • 0410netaahantetthedeteritfontacifityancittermsewerayetennwer4ten, OA' flOkiliV,W.Otaki0.0t;:01-04.,,t0t0102,100 0-4,04*.0,1941,0(1 ttOpt: kialAnnua netaKthehtesairnmenettl, :.a'neftnyear'frronv mtijett: 0:40WOt.; . _Ofirle400.-.44y-0,01110tiathe church roperIy, „theentlie iiiitendeyft.eh*.400.-ehati _ 2..Atit114411.14.144. 44001140a1: :bet** feet 10 ifig4 anit partor any :cots : jn t;anneetion-Noth: tiralikite4tudiewor. ahy ther 10)0000.14.sog w�tIaJ "0,0.0 fJoocJ #10,tteitkattOtbitthat Gifantsirrow 'rawest . 8 0414019.0144$004 Shared brIkavvar.Aocessort-12116.-Street The Viltage agrees to c4nSttuot , 000 :101141411.0 s1are 4000.410.41400.triltiOdatit tha VIIlago 1.F0110e Vitiert and: the propose ..clevelimmon.t. k the, qtahtek .130 440red :400W 400 *„ 0:bat#.0.41.qpriorffien0e. witti,themfana„and &AMT. ...s.:prapatTed..4 latt-temobittiale,.#444:v ogolittiiptihtfed 11046 by tetergintic... 70109in :::06*1.001 0.0.tt oflhe cqflstderatjoh fo footitetiN) time tand mahan arkg :seetetriti ardinorporated'hrejn by ref�re., 11.0006014 for 0:41te use of fheost:iire parkingarea tittif ilf.40,4 t1.10/0.49.J$1.10:146 :0.00146:4041.0Velit. • :007:.„4 .Vittlati.0 The: pataeo::ggiea tat at part lit 11.m, era1t0hforeti teflng iht9 tf1sreement, ti.e: Millat*AttalkOMOY49004:10.0: that o,tjnr,,ofthe ViJJagePr,perty .:jecated:;weef-ckthethared doewartidgei-s:..1-0. • .)**t SW4:11 tr* $ ffi,e shareq ottiooty!tongottoottr --moo* .14:t1ori conveyances the V1Oge rney p:: traits Smcf-.00101sh :403:41:400, ea1h*nt Ov�rthe -:"Wr” • 70041* 11:;, "Wars0; I:Permit Fees. Tho:flaitlatagre.eithatas pa othe conetderatibri: foii . yfttgOttrift j144101)1) Atite00011; war tzetnit and 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