AGENDA REGULAR MEETING OF THE BOARD OF TRUSTEES 350 ...

AGENDA

REGULAR MEETING OF THE BOARD OF TRUSTEES

350 VICTORY DRIVE

PARK FOREST, ILLINOIS

Village Hall - Board Room 7:00 p.m. August 16, 2021

Roll Call

Pledge of Allegiance

Reports of Village Officers Mayor Village Attorney Village Manager Village Clerk

Reports of Commission Liaisons and Committee Chairpersons

Citizens Comments, Observations, Petitions*

Motion: Approval of Consent

CONSENT: 1. Motion: A Motion to approve the minutes of the Rules meeting of July 12, 2021

and the Regular meeting of July 19, 2021

2. Resolution: A Resolution denying a major variation to Article III-4.C.6. of the Unified Development Ordinance of the Village of Park Forest, Cook and Will Counties, Illinois, regarding the location of a fence at 133 Illinois Street

3. Resolution: A Resolution denying a major variation to Article III-4.C.6. of the Unified Development Ordinance of the Village of Park Forest, Cook and Will Counties, Illinois, regarding the location of a fence at 201 Illinois Street

4. Resolution: An MFT Resolution to appropriate dollars in the Motor Fuel Tax- REBUILD ILLINOIS Fund for design engineering costs associated with improvements to NON-FAU portions of Shabbona Drive and South Orchard Drive

5. Motion: Approval of an Engineering Services Agreement for design engineering services associated with improvements to Shabbona Drive and South Orchard Drive

6. Motion: Acquisition of Two (2) 2022 Ford Utility SUV Police Interceptors

7. Motion: Solar Project to offset energy usage of the Water Treatment Plant

Appointments DEBATABLE: 8. Ordinance: An Ordinance Amending Chapter 110 (Vegetation) of the Code of

Ordinance of the Village of Park Forest, Cook and Will Counties, Illinois to add Article IV (Tree Preservation) (Final Reading)

Adjournment

NOTE: Copies of Agenda Items are Available in the Lobby of Village Hall and on the Village

website www.villageofparkforest.com Any individual with a disability requesting a

reasonable accommodation in order to participate in a public meeting should contact the Village Manager’s Office at least 48 hours

in advance of the scheduled meeting. The Village Manager’s Office can be reached via

telephone at (708) 283-5605 or (708) 748-1129 or via e-mail [email protected]. Every effort will be made to allow for meeting

participation.

http://www.villageofparkforest.com/

mailto:[email protected]

MOTIONS

MOVED that the Consent Agenda and each item contained therein be hereby approved:

1. MOVED, that the Mayor and Board of Trustees approve the minutes of the Rules meeting of

July 12, 2021 and the Regular meeting of July 19, 2021.

2. MOVED, that the Mayor and Board of Trustees approve a Resolution denying a major

variation to Article III-4.C.6 of the Unified Development Ordinance of the Village of Park

Forest, Cook and Will Counties, Illinois, Regarding the location of a fence at 133 Illinois

Street.

3. MOVED, that the Mayor and Board of Trustees approve a Resolution denying a major

variation to Article III-4.C.6 of the Unified Development Ordinance of the Village of Park

Forest, Cook and Will Counties, Illinois, Regarding the location of a fence at 201 Illinois

Street.

4. MOVED, that the Mayor and Board of Trustees approve a Resolution to appropriate $78,646

in Motor Fuel Tax- REBUILD ILLINOIS Funds for design engineering costs associated with

improvements to NON-FAU portions of Shabbona Drive and South Orchard Driver.

5. MOVED, that the Mayor and Board of Trustees approve and Design Engineering Service

Agreement with Baxter and Woodman Consulting Engineers in the amount not to exceed

$78,646 for design work associated with improvement to NON-FAU portions of Shabbona

Drive and South Orchard Drive.

6. MOVED, that the Mayor and Board of Trustees approve the purchase of Two (2) 2022 Ford

Utility Police Interceptor Vehicles for a total of $71,210.

7. MOVED, that the Mayor and Board of Trustees approve an agreement with Balance Solar as

the silent financing partner and with YellowLite as the construction partner for the Solar

Project to offset energy usage of the Water Treatment Plant.

MOVED, that the Mayor and Board of Trustees appoint Desiree Meekins to an unexpired term

on the Youth Commission to expire on 12/31/23.

MOVED, that the Mayor and Board of Trustees appoint Oyeleke Oluwole to an unexpired term

on the Veteran Commission to expire on 12/31/23.

MOVED, that the Mayor and Board of Trustees appoint Bathsheba Robinson to an unexpired

term on the Recreation & Parks Board to expire on 12/31/22.

MOVED, that the Mayor and Board of Trustees appoint Tashiana Snead to an unexpired term on

the Recreation & Parks Board to expire on 12/31/23.

August 16, 2021

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RULES MEETING OF THE BOARD OF TRUSTEES VILLAGE OF PARK FOREST, 350 VICTORY DRIVE, PARK FOREST, ILLINOIS

COOK AND WILL COUNTIES Village Hall-Boardroom 7:00 p.m. July 12, 2021 IN ATTENDANCE: Mayor Jonathan Vanderbilt, Trustee Tiffani Graham, Trustee Joseph Woods, Trustee Maya Hardy, Trustee Candyce Herron, Trustee Erin Slone

ABSENT: Trustee Theresa Settles

STAFF IN ATTENDANCE: Village Manager Tom Mick, Deputy Police Chief Brian Rzyski, Fire Lieutenant Neil Grove, Assistant to the Village Manager Denyse Carreras, Assistant Finance Director Sharon Floyd, Director of Economic Development and Planning Department Hildy Kingma, Director of Recreation, Parks, and Community Health Rob Gunter, Director Roderick Ysaguirre, Chief Water Plant Operator David Vavrek, Code Enforcement Manager Jerry Martin, and IT Coordinator Craig Kaufman

OTHERS IN ATTENDANCE: 2021 AmeriCorps Volunteers RECORDER: Village Clerk Sheila McGann Roll Call The meeting was called to order at 7:00 pm by Mayor Vanderbilt. Roll was called by Clerk McGann. Mayor Vanderbilt suspended the agenda and introduced Park Forest’s 2021 AmeriCorps volunteers. The team leader, Stewart Holler, explained the purpose of AmeriCorps program and how they help communities and also what the volunteers learn during their time with AmeriCorps. Each of the volunteers introduced themselves and their home state. The Trustees welcomed them and thanked them for their service to Park Forest. They looked forward to working with them throughout the summer. 1. Awarding of the Indianwood Street Lighting Repairs Manager Mick said this item is out of the Public Works Department. Director Ysaguirre explained the trouble shooting that has been done by the Village without fixing the problem. He said the contract went out to bid with the Village receiving three bids. The lowest bidder was Utilities Dynamics of Oswego, Illinois. They have done work in Park Forest before and the Village was happy with their work. Staff recommends awarding the contract to Utilities Dynamics of Oswego, Illinois. Mayor Vanderbilt asked the Board if there were any questions or comments. When asked about the 10% contingency by Trustee Herron, Director Ysaguirre said that is customary to use as a cushion for unforeseen events and extra expenses. When asked by Trustee Slone is the wiring issue was village-wide or just on Indianwood, Direct Ysaguirre said it is village wide due to the age of the wiring. This item only applies to the areas designated on Indianwood. Hearing no other questions or comments, this item will be on the agenda for action at the next Regular Meeting.

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2. Contract to Purchase one Wallace & Tiernan Rectifier/Transformer for #2 OSEC

System Manager Mick said this item is out of the Public Works Department. Director Ysaguirre explained that two original transformers have been replaced, one last year with an emergency purchase order. The Water Plant is being proactive and by having an additional backup transformer if and when it is needed. The contract would be with the same company as last year with a five year warranty and a two day set up included with the price. Mayor Vanderbilt asked the Board if there were any questions or comments. When asked by Trustee Hardy how long the units usually last, Director Ysaguirre said these were originals and lasted over ten years. When asked by Trustee Slone if the unit is built specifically for the Park Forest Water Plant, Chief Water Plant Operator Vavrek said it is built for us using our specifications. Hearing no other questions or comments, this item will be on the agenda for action at the next regular meeting. 3. Basketball Court – Somonauk Park Manager Mick said this item is out of the Recreation, Parks, and Community Health Department. The basketball court was removed due to the ongoing renovations of Somonauk Park. Director Gunther noted that the Board asked that the courts be replaced sooner, rather than later. After talking to the contractor, staff recommends Suburban Sealcoat Asphalt Paving & Concrete Construction to complete the work with a complete new court system. Mayor Vanderbilt asked the Trustees if there were any questions or comments. When Trustee Slone asked if “striping” was like tennis court painting, Director Gunter said yes, it is. The completion of this project is separate from the Somonauk Park Nature Adventure Park project. Hearing no other questions, this item will be on the agenda for action at the next regular meeting. 4. Urban Forestry Maintenance Contracts Manager Mick said this item is out the Recreation, Parks, and Community Health Department as a standard maintenance contract. Director Gunther explained that tree maintenance are broken down by size with bids received within those ranges. He explained the bid process and said two bids were received, both who have worked previously in Park Forest. Staff recommends awarding the contracts to both contractors, Homer Tree Care, Inc., Lockport, to do the pruning and Winkler’s Tree and Landscape, LaGrange, to do the tree removal. Mayor Vanderbilt asked the Trustees if there were any questions or comments. Trustee Slone asked how are trees in the parks and those on the streets monitored, tree removal vs pruning. Director Gunther explained that street trees are in harsher areas and require more attention compared to those in parks. When there are emergencies, removals are made. Formally, more funds were spent on removals due to disease with the Emerald Ash Borer, Maples, and American Elms so now the Village is able to concentrate more on pruning. The Village received a grant for tree inventory and management planning. As trees are removed, there will be a plan for their replacement. Hearing no other questions, this item will be on the agenda for action at the next regular meeting. Mayor’s Comments Mayor Vanderbilt reported that there was a vaccination clinic held at Village Hall Saturday, July 10. He thanked all those who worked to put together the Fourth of July Parade. There was a ground breaking ceremony today with the U.S. Army Corps of Engineers and Congresswoman Kelly for work to be done in the Dogwood/Cedarwood area. A new business opened tonight in

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Park Forest, K Spot Bar and Grill. Main Street Nights will host and celebrate the 50th anniversary of Governors State University. Manager’s Comments Manager Mick offered his condolences to the family of Rick Pillman from the Park Forest American Legion. He also commended the Park Forest staff who worked behind the scenes for a successful parade. The groundbreaking for the water main project in the Dogwood Area began today. Manager Mick wanted to clarify comments made at the Board Meeting of June 25. Mr. Buckley has made wonderful improvements on his residential multi-family development and is still wanting to get a Steak N Shake in Park Forest. At the meeting, he was talking about a Class 8 property tax incentive on his property. However, that property does not meet the qualifications for a Class 8. If there are any questions, Mr. Mick can be contacted at Village Hall. Main Street Nights will be co-hosted this week with Governors State University. The Board is meeting on the summer schedule and will continue with two meetings, August 9 (Rules) and August 16 (Regular0. Trustee’s Comments Trustee Graham welcomed the new business in town, K-Spot Bar & Grill. The Youth Commission will continue the workshops at Main Street Markets on Saturday. The Commission on Human Relations will meet Tuesday, July 13 via Zoom. The Youth Commission will meet Wednesday, July 14. Trustee Woods thanked the Police and Fire Departments, AmeriCorps, and staff for their work in putting together the Fourth of July Parade. He thanked Congresswoman Kelly for her support and the lobbying efforts by the Mayor and the Manager to get the water main infrastructure replaced. He encouraged residents to complete the community survey with their feedback. Trustee Herron also thanked also those who participated in the parade. She welcomed the owners of K-Spot to Park Forest. She, too, attended the groundbreaking ceremony on Dogwood for the replacement of the water mains. Trustee Hardy reported that the Planning and Zoning Commission will meet Tuesday, July 13 at Village Hall. The public is welcome. She also thanked those who participated in the Fourth of July Parade. She welcomed K Spot Bar and Grill to Park Forest. She thanked Mr. Mick regarding Mr. Buckley’s comments especially the clarification of jurisdictions regarding property tax incentives. Trustee Slone thanked Congresswoman Kelly on working on our behalf to allow for the groundbreaking with the U.S. Army Corps of Engineers and the Mayor, the Manager, and Public Works staff for having the matching funds available to do this project. She, too, thanked all involved in the parade and welcomed K Spot to Park Forest. She noted that there has been a delay in the Senior Coupons for Main Street Market and will be available in August. The Environment Commission met last week. The Shredding Event is scheduled for Thursday, July 27 that includes only paper. The Police will be accepting unwanted or expired medications for disposal at the event. Park Forest’s Recycle Event will take place Saturday, July 31. The

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Beautification Award Committee will meet Wednesday, July 14 at noon. The Judging will be at the end of this month. Attorney’s Comments None present Clerk Comments No report Audience to Visitors None Adjourn to Executive Session

This concluded the Rules Board meeting. Mayor Vanderbilt called for a motion to adjourn and enter into executive session as permitted by 5 ILCS 120/2 Section 2(c) 2: Collective

negotiating matters between the public body and its employees or their representative, or

deliberations concerning salary schedules for one or more classes of employees. (11)

Litigation, when an action against, affecting or on behalf of the public body has been filed

and is pending before a court or administrative tribunal, or when the public body finds that an

action is probable or imminent.

Motion was made by Trustee Woods, seconded by Trustee Herron and passed unanimously following a roll call vote with the following results: Ayes: 6 Nays: 0 Absent: 1 The meeting was adjourned with six (6) ayes, no (0) nays, and one (1) absent. Mayor Vanderbilt adjourned the rules meeting to enter into executive session at 7:56 p.m. Mayor Vanderbilt said that no action would be taken after the executive session. Respectfully submitted, Sheila McGann Village Clerk

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REGULAR MEETING OF THE BOARD OF TRUSTEES 350 VICTORY DRIVE

PARK FOREST, ILLINOIS Village Hall - Board Room 7:00 p.m. July 19, 2021 IN ATTENDANCE: Mayor Jonathan Vanderbilt, Trustee Theresa Settles, Trustee Tiffani Graham, Trustee Joseph Woods, Trustee Maya Hardy, Trustee Candyce Herron, and Trustee Erin Slone

ABSENT: none

STAFF IN ATTENDANCE: Village Manager Tom Mick, Police Chief Christopher Mannino, Fire Chief Tracy Natyshok, Village Attorney Ross Secler, Assistant Finance Director Sharon Floyd; Director of Economic Development and Planning Department Hildy Kingma, Director of Communications Jason Miller, Director of Community Development Larrie Kerestes, Director of Recreation and Parks Rob Gunther and Director of Public Works Roderick Ysaguirre.

OTHERS IN ATTENDANCE: none RECORDER: Village Clerk Sheila McGann Roll Call Mayor Vanderbilt called the meeting to order at 7:00 pm. Pledge of Allegiance The Mayor led the Trustees and the audience in the Pledge of Allegiance. Reports of Village Officers Mayor Mayor Vanderbilt reported on his recent meeting with the South Suburban Mayors and Managers Association where the American Rescue Plan Act and potential funding streams were discussed. He also reported on last week’s meeting with Representative Deluca and twenty other mayors where upcoming legislative items and cannabis dispensary licensing were discussed. He commented on the passing of American Legion Commander Rick Pillman and Dorothy Furnace, wife of the late Trustee Bob Furnace. The Mayor also congratulated attorney Felicia Frazier on her recent “Top 50 Women in Law” award. Village Attorney Attorney Secler said they are monitoring new legislation and provide ordinances to continue to keep the Village in compliance with State laws. They are continuing to monitor the development of the cannabis lottery and will report back to the Village when information becomes available. Village Manager Manager Mick noted that Main Streets Nights will continue with entertainment each Wednesday on the Village Green. A paper shredding event will take place Thursday, July 22 and

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RecycleFest will take place on Saturday, July 31 from 9:00 am until noon at Village Hall. There will be an Officer Tim Jones fundraiser at Windy City Thunderbolts Stadium on Saturday, August 28. Village Clerk No report Reports of Commission Liaisons and Committee Chairpersons The Trustees offered their condolences to the families of Commander Rick Pillman and Dorothy Furnace. Trustee Settles thanked everyone for their cards and kind wishes on her recent loss of her husband. Trustee Graham said that the Youth Commission will have a workshop Saturday at the Main Street Market; the topic will be community gardens and growing organic vegetables. The Commission on Human Relations met Tuesday, July 13, via Zoom and are planning an Ice Cream Social. Trustee Woods stated that EDAG will meet Wednesday, August 12. There are four vacancies on the commission. He also noted that it was an honor for our Village to host Governors State University’s anniversary event. Trustee Herron said the Recreation and Parks Board will meet Tuesday, July 20 at 7:00 pm. She had good time at last week’s Main Street Nights with Governors State. Trustee Hardy said the Cable Communication Commission will meet Wednesday, July 28 at Village Hall. Trustee Slone reported that the Beautification Committee met Wednesday, July 14, with evaluations have begun with over nine hundred homes entered. She noted that more information regarding the Shred Event and the Recycle Fest are available on the Village’s website. Citizens Comments, Observations, Petitions* None Motion: Approval of Consent CONSENT: MOVED that the Consent Agenda and each item contained therein be hereby approved: 1. MOVED, that the Mayor and Board of Trustees approve the minutes of the Rules meeting of June 7, 2021, the Special Regular meeting of June 7, 2021, the Regular meeting of June 21, 2021, the Rules meeting of June 28, 2021 and the Regular meeting of June 28, 2021.

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2. MOVED, that the Village Manager is authorized to issue a purchase order to Wallace & Tiernan an EVOQUA Company in the amount of $55,959 for the purchase of a Rectifier/Transformer system. 3. MOVED, that the Village Manager is authorized to award the Indianwood Street Lighting Repair contract to Utility Dynamics, located in Oswego, IL, in the amount of $57,600 with a 10% contingency for any additional work as determined by the Village Engineer for a total cost not to exceed $63,360. 4. MOVED, that the Village Manager is authorized to enter into a contract with Suburban Sealcoat Asphalt Paving & Concrete Construction, to construct a basketball court in Somonauk Park for a total not to exceed $30,800. 5. MOVED, that the Village Manager is authorized to enter into a contract with Homer Tree Service, Inc., for tree removal services and enter into a contract with Winkler’s Tree and Landscape for tree pruning and all other work. Both contracts are on a unit price basis and progress monitored to keep costs with in the $80,000 budgeted. Appointments MOVED, that the Mayor and Board of Trustees appoint Margaret Banks as Vice Chairperson on the Economic Development Advisory Group for a term to expire on 12/31/21. MOVED, that the Mayor and Board of Trustees appoint Denise Williams-Harvey to an unexpired term on the Economic Development Advisory Group to expire on 12/31/23. MOVED, that the Mayor and Board of Trustees appoint Diane Yarborough to an unexpired term on the Youth Commission to expire on 12/31/23 Approval of the consent agenda was moved by Trustee Woods and seconded by Trustee Slone. Mayor Vanderbilt asked if anyone wished any items be removed from the consent agenda for further discussion. Hearing none, a roll call vote was called by Mayor Vanderbilt on the motion to approve the consent agenda. The consent agenda was approved with the following results: Ayes: 7 Nays: 0 Absent: 0 The consent agenda was adopted with seven (7) ayes, no (0) nays and no (0) absent.

DEBATABLE: 6. Ordinance: An Ordinance Amending Chapter 110 (Vegetation) of the Code of Ordinance of the Village of Park Forest, Cook and Will Counties, Illinois to add Article IV (Tree Preservation) (First Reading)

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This item has had first reading and will be on the agenda for discussion at the next regular meeting.

Adjournment This concluded the Regular Board meeting.

There being no further business. Mayor Vanderbilt called for a motion to adjourn. Motion was made by Trustee Settles, seconded by Trustee Graham and passed unanimously by voice vote. The meeting was adjourned with the following results: Ayes: 7 Nays: 0 Absent: 0 The meeting was adjourned with seven (7) ayes, no (0) nays, and no (0) absent. Mayor Vanderbilt adjourned the regular meeting at 7:17 p.m. Respectfully submitted, Sheila McGann Village Clerk

AGENDA BRIEFING

DATE: August 10, 2021 TO: Mayor Vanderbilt Board of Trustees FROM: Hildy L. Kingma, AICP Director of Economic Development and Planning RE: Consideration of a Resolution Denying a Major Variation to Article III-4.C.6. of

the Unified Development Ordinance regarding location of a fence at 133 Illinois Street

BACKGROUND/DISCUSSION:

At their regular meeting of July 13, 2021, the Planning and Zoning Commission conducted a public hearing to consider a request from Dion Moore (as owner/applicant) for a Major Variation to Article III-4.C.6 of the Unified Development Ordinance (UDO). The Applicant requested a variation to permit a fence up to six (6) feet tall in the corner front yard of the property at 133 Illinois Street. In all zoning districts, fences in the front or corner front yard are permitted to be no taller than three (3) feet. Full details of this request are included in the attached Staff report. As required by Village Ordinance and State Statute, public notice of the hearing was posted in the Daily Southtown Newspaper, sent to property owners within 250 feet of the subject property, and posted on the subject property. Several residents attended the meeting and spoke in favor of the request. After taking public comment and discussing this request, the Planning and Zoning Commission voted 5-0 to recommend denial of the requested Major Variation. This recommendation was based on the Planning and Zoning Commission’s determination that each of the required Standards for Variations could not be met based on the specific set of facts related to this application. The Plan Commission’s recommendation is attached, including their specific findings related to each of the required Standards for Variations. The Village’s standards for fences, established in the UDO, are described in detail in the Staff report to the PZC (attached). In summary, fences in all zoning districts are permitted to be a maximum of eight (8) feet in height when located in the interior side or rear yards of a property. When located in the front yard or corner front yard (the second front yard on a corner lot), fences are limited to three (3) feet in height. It is typical for a community to restrict the height of fences in front yards for reasons related to public safety and walkability. For example, following are the standards for fences in front and corner front yards found in the ordinances of neighboring communities, some of which are more stringent than Park Forest.

Richton Park: In residential zoning districts, no fences at all are permitted in front yards. On corner lots, fences must be a minimum of 10 feet from the corner side lot line.

Matteson: In residential zoning districts, fences, hedges, and walls may not exceed 2.5 feet in front yards. A fence 6 feet tall (maximum) is permitted in the side front yard of

corner lots where such fence extends even with, or rearward of, the plane of the rear wall of the house.

Homewood: In residential zoning districts, fences may be a maximum of 4 feet in height in front of the front line of the residential structure. Front yards are located on both street sides of a corner lot.

Olympia Fields: No fence may be built so as to extend past the front yard building line, or the side street yard on a corner lot. Note that the single family zoning districts in Olympia Fields require 15,000 and 20,000 minimum lots and 40 foot minimum front and side street yards.

Chicago Heights: In residential zoning districts, fences are prohibited between the street and the building line. The building line is defined as the area between the public right-of-way and the nearest line of the building. Hedges are limited to 3 feet in height between the street and the front yard line. A hedge is defined as “any closely grown shrub, tree, bush, plant, or hedge”.

In addition to their recommendation on the requested major variation under consideration in this item, the Planning and Zoning Commission also unanimously approved a motion to petition the Board of Trustees to immediately initiate a comprehensive review of the Unified Development Ordinance as it relates to fences on corner lots. The Commission is particularly concerned about understanding the Board’s position on the current fence standards. If the Board decides it is appropriate to consider revisions to the current standards, the Commission notes the importance of maintaining the Village’s goals for walkability and public safety while also allowing corner lot property owners to fence a larger portion of their property. This request is described in more detail in the attached memo. The Resolution was reviewed and approved by the Village Attorney. SCHEDULE FOR CONSIDERATION: This item will appear on the Regular Agenda of August 16, 2021, for approval.

RESOLUTION NO.

A RESOLUTION DENYING A MAJOR VARIATION TO

ARTICLE III-4.C.6. OF THE UNIFIED DEVELOPMENT ORDINANCE

OF THE VILLAGE OF PARK FOREST, COOK AND WILL COUNTIES, ILLINOIS,

REGARDING THE LOCATION OF A FENCE AT 133 ILLINOIS STREET

WHEREAS, the Park Forest Unified Development Ordinance establishes a process for the granting of major variations to the provisions of the Ordinance; and

WHEREAS, Dion Moore, property owner of 133 Illinois Street (the “Subject Property”), requested this major variation to the provisions of Article III.4.C.6. (“Fence or Wall”) relating to the location and height of a fence at the Subject Property; and

WHEREAS, the Planning and Zoning Commission conducted a public hearing to consider

this application on July 13, 2021; and

WHEREAS, on June 2020, 2021, notice for said public hearing was published in the Daily

Southtown Newspaper, a newspaper of general circulation within the Village, and notice of said public hearing was sent to all property owners within 250 feet of the subject property, and signs were posted on the street frontage of the Subject Property to provide notice of said public hearing; and

WHEREAS, the Planning and Zoning Commission has voted 5-0 to recommend denial of the requested major variation to this Ordinance; and

WHEREAS, the Mayor and Board of Trustees have determined that granting the variation

to the location requirements at the Subject Property does not serve a public purpose and will not be in the best interests of the Village of Park Forest.

NOW, THEREFORE BE IT RESOLVED, by the Mayor and Board of Trustees of the Village of Park Forest, Cook and Will Counties, Illinois, in the exercise of the Village’s home rule powers, as follows:

SECTION 1: Recitals Incorporated. The recitals set forth above constitute a material part of this Resolution as if set forth in their entirety in this Section 1.

SECTION 2: Planning and Zoning Commission Findings and Recommendation. The findings and recommendation of the Planning and Zoning Commission, together with all reports and exhibits submitted at the public hearing, are hereby incorporated by reference herein and approved.

SECTION 3: Major Variation Denied. A Major Variation to Article III-4.C.6. of the Unified Development Ordinance is hereby denied pursuant to the Planning and Zoning Commission’s recommendation.

SECTION 4: Effective Date. This Resolution shall be in full force and effect upon its passage and approval as provided by law. PASSED this day of , 2021. APPROVED: ATTEST:

Jonathan Vanderbilt, Mayor Sheila McGann, Village Clerk

MEMORANDUM

TO: Mayor and Board of Trustees FROM: Vernita Wickliffe-Lewis, Chair Marty Hutchins, Vice Chair Park Forest Planning and Zoning Commission DATE: July 16, 2021 RE: Recommendation – Request for a Major Variation to Article III-4.C.6. of the

Unified Development Ordinance regarding location of a fence at 133 Illinois Street

Recommendation At the regular meeting of July 13, 2021, the Planning and Zoning Commission considered a request by Dion Moore (as owner/applicant) for a Major Variation to Article III-4.C.6 of the Unified Development Ordinance (UDO) to permit a fence up to six (6) feet tall in the corner front yard of the property at 133 Illinois Street. In all zoning districts, fences in the front or corner front yard are permitted to be no taller than three (3) feet. Full details of this request are included in the attached Staff report. After taking public comment and discussing this request, the Planning and Zoning Commission voted 5-0 to recommend denial of the requested major variation because they found that each of the required Standards for Variations could not be met based on the specific set of facts related to this application. Standards for Variations A major variation may be granted by the Board only after the PZC and the Village Board have evaluated the application and made specific written findings based on each of the Standards for Variations established by Article VIII-3.D.4. The required standards for variations are noted below, with the Commission’s specific findings as related to this request.

1) The proposed variation will not endanger the health, safety, comfort, convenience, and general welfare of the public. The PZC unanimously agreed that this standard is met,

with the condition that the fence is built in a manner that leaves the buffalo box outside

the fence and accessible to Village Staff.

2) The proposed variation is compatible with the character of the adjacent properties and other property within the immediate vicinity of the proposed variation. Based on the

Staff report, there are four properties in the East Lincolnwood neighborhood that have

six-foot wood fences on corner front yards that were constructed prior to the ordinance.

Therefore, the majority of the PZC agreed that this standard is met. Two PZC members

noted that there are multiple corner lots in the neighborhood and most do not have

nonconforming fences. Therefore, in the totality the fence would not be compatible with

the larger neighborhood.

3) The proposed variation alleviates a hardship created by the literal enforcement of the Ordinance that would prevent the application from yielding a reasonable return from the

subject property. The discussion was centered on whether a three foot or six foot fence

would alleviate the hardships claimed by the Applicant, and whether it would impact the

value of the home. The majority of the PZC agreed that the concerns about speeding

traffic and trash in the yard would not be addressed with a taller fence. Further, the

taller fence would not have an appreciable impact on the value of the home. However,

the PZC was not in agreement as to whether this finding was met.

4) The proposed variation is necessary due to the unique attributes of the subject property, which were not deliberately created by the applicant, and are not shared by adjacent properties and other properties within the immediate vicinity of the proposed variation. The majority of PZC members agreed that the size of the lot makes it unique, leaving a

large amount of land that cannot be fenced under the existing use standards. Two

Commissioners noted that the unique attribute of size is shared with other corner lots in

the neighborhood, and therefore the variation is not necessary. Therefore, there was not

consensus that this standard is met.

5) The proposed variation is necessary to permit a reasonable use of land, but does not confer a special privilege on the applicant which is denied to the owners of adjacent property and other properties within the immediate vicinity of the proposed variation. The majority of the PZC agreed that this variation is needed to permit a reasonable use

of the property, and it would not confer a special privilege because other property

owners can request the same variation. Therefore, this standard is met.

6) The proposed variation represents the minimum deviation from the regulations of this Ordinance necessary to accomplish desired improvement of the subject property. The

majority of the PZC agreed that this standard is met because the Applicant is willing to

adjust the location of the fence in order to ensure the buffalo box is accessible to the

Village Staff, and because the six foot height is the minimum height needed to achieve his

goals. The minority of the PZC members noted that the Applicant had indicated a

willingness to install the fence from the rear façade of the house, therefore, this is not the

minimum deviation necessary.

7) The proposed variation is consistent with the intent of the elements of the Comprehensive Plan, the UDO, and other land use policies of the Village. The PZC unanimously agreed

that based on the walkability goals of the Strategic Plan, the Sustainability Plan, and the

Bicycle and Pedestrian Plan the requested fence, located at the corner front property line

on Early Street, would not be consistent with these goals. The PZC determined that this

finding was not met, and changes to the policies set out in the comprehensive plan should

not be made by the variation process.

Best regards, Vernita Wickliffe-Lewis, Chair Marty Hutchins, Vice Chair

AGENDA BRIEFING

DATE: July 21, 2021 TO: Mayor Vanderbilt Board of Trustees FROM: Vernita Wickliffe-Lewis, Planning and Zoning Commission Chair RE: Planning and Zoning Commission Petition to initiate a review of the UDO as it

relates to fences on corner lots BACKGROUND/DISCUSSION:

At their regular meeting of July 13, 2021, the Planning and Zoning Commission conducted two public hearings to consider requests for Major Variations to Article III-4.C.6 of the Unified Development Ordinance (UDO). These requests were to allow a six (6) foot tall fence to be constructed or replaced in the corner side yard on corner lots. A similar request had been considered by the Commission in December 2018. The Commission recommended denial of all three requests. Common to each of the Commission’s recommendations for denial was the failure of the petitioners to meet the standard that their property had “unique attributes”, required for a major variation to the UDO. In general, the arguments presented by the homeowners were shared by all corner lots within the immediate neighborhood and the Village. In addition to their consideration of the two variation requests, at the meeting on July 13 the Commission voted 5-0 to petition the Board of Trustees to immediately initiate a comprehensive review of the UDO as it relates to corner lots and fencing. With nearly 700 single family residential corner lots in the Village, the Commission anticipates that Park Forest property owners will continue to request this major variation. Therefore, it is important for both the Commission and Village Staff to fully understand the Board’s policy on this matter in order to ensure that they act accordingly. UDO Use Standards for Fences Article III-4.C.6 of the UDO establishes the following with regard to fences or walls (underlines added by Staff for the purposes of this memo):

Fence or Wall. The following requirements apply to fences and walls unless otherwise specifically established in this Ordinance. Refer to Figure III-4-A. Fence or Wall. a. Location. Fences and walls, including all posts, bases, and other structural parts, shall be

located completely within the boundaries of the lot on which it is located. (1) Front Yard, Interior Side Yard, and Rear Yard. Fences and walls are allowed in the

front yard, interior side yard, and rear yard. (2) Corner Side Yard. Fences and walls are allowed in the corner side yard between the

front façade of the principal structure and the rear lot line. b. Height. The maximum height of a fence or wall shall be three feet in the front and corner

side yard, and eight feet in an interior side or rear yard. The maximum height of a fence or wall shall be measured from the ground at the base of the fence or wall.

B. Figure III-4.A. Fence or Wall

The “yard” is defined as the area on a lot between the principal structure and the property line. The “front yard” extends from the façade of the building to the adjacent street right-of-way, and includes corner side yards. The UDO also protects sight triangles at street intersections, and at the intersection of driveways with streets. These are areas where encroachments of a specified height are not permitted in order to ensure clear visibility for motorists, bicyclists, and pedestrians.

Article II-5.C. Visibility Obstruction. Nothing shall be erected, placed, or allowed to grow in a manner that will create a visibility obstruction for motorists, bicyclists, or pedestrians. No building, structure, sign, or landscape element shall be located between 2.5 feet and eight feet in height within the sight triangle area formed by 25 feet along the intersecting streets, measured along the curb line, or edge of pavement where no curbs are present. Article V-9.D. Visibility. No building, structure, sign, or landscape element shall obstruct the area between 2.5 feet and eight feet in height within the sight triangle area on each side of any driveway. Beginning at the intersection of the driveway with the lot line, the sight triangle shall be formed by measuring ten feet along the lot line in the opposite direction of the driveway and ten feet along the driveway in the opposite direction of the lot line, then connecting the endpoints of the lines across the subject property (refer to Figure V-9-A. Visibility at Driveways).

Planning and Zoning Commission Concerns Some of the specific issues that were discussed include:

First and foremost, is the Board comfortable with the fence standards as they currently exist in the Village Code of Ordinance? If so, this will provide sufficient guidance to the Commission and Staff to respond to future requests for fence variations, and no further action by the Board would be necessary at this time.

If the current use standards are revised, it should be done in a manner that maintains the Village’s goals for walkability, public safety, and access to public infrastructure (for example, the buffalo box connection to Village water).

The large number of corner lots in the Village that could either 1) gain more private yard with a change in the use standards, or 2) have a negative impact on walkability and public safety with a change in the use standards.

Variables that could be considered include o The location of a taller fence in the corner side yard, i.e., from the front corner of

the house or the back corner of the house, o The height of the fence in the corner side yard, and o The opaque-ness of the fence in the corner side yard, if taller than three (3) feet.

The Planning and Zoning Commission is prepared to be involved in this comprehensive review of the fence standards, should the Board deem it necessary.

AGENDA BRIEFING

DATE: August 10, 2021 TO: Mayor Vanderbilt Board of Trustees FROM: Hildy L. Kingma, AICP Director of Economic Development and Planning RE: Consideration of a Resolution Denying a Major Variation to Article III-4.C.6. of

the Unified Development Ordinance regarding location of a fence at 201 Illinois Street


At their regular meeting of July 13, 2021, the Planning and Zoning Commission conducted a public hearing to consider a request from Phoebe DeLoach Alexander and Ron Alexander (as owner/applicants) for a Major Variation to Article III-4.C.6 of the Unified Development Ordinance (UDO) to permit an existing, nonconforming fence to be replaced at 201 Illinois Street. In all zoning districts, fences in the front or corner front yard are permitted to be no taller than three (3) feet. The existing, nonconforming fence is six (6) feet tall and located in the corner front yard along Early Street. Full details of this request are included in the attached Staff report. As required by Village Ordinance and State Statute, public notice of the hearing was posted in the Daily Southtown Newspaper, sent to property owners within 250 feet of the subject property, and posted on the subject property. Several residents attended the meeting and spoke in favor of the request. One resident spoke in opposition to the request. After taking public comment and discussing this request, the Planning and Zoning Commission voted 5-0 to recommend denial of the requested Major Variation. This recommendation was based on the Planning and Zoning Commission’s determination that each of the required Standards for Variations could not be met based on the specific set of facts related to this application. The Plan Commission’s recommendation is attached, including their specific findings related to each of the required Standards for Variations. The Village’s standards for fences, established in the UDO, are described in detail in the Staff report to the PZC (attached). In summary, fences in all zoning districts are permitted to be a maximum of eight (8) feet in height when located in the interior or rear yards of a property. When located in the front yard or corner front yard (the second front yard on a corner lot), fences are limited to three (3) feet in height. It is typical for a community to restrict the height of fences in front yards for reasons related to public safety and walkability. For example, following are the standards for fences in front and corner front yards found in the ordinances of neighboring communities, some of which are more stringent than Park Forest.

Richton Park: In residential zoning districts, no fences at all are permitted in front yards. On corner lots, fences must be a minimum of 10 feet from the corner side lot line.

Matteson: In residential zoning districts, fences, hedges, and walls may not exceed 2.5 feet in front yards. A fence 6 feet tall (maximum) is permitted in the side front yard of corner lots where such fence extends even with, or rearward of, the plane of the rear wall of the house.

Homewood: In residential zoning districts, fences may be a maximum of 4 feet in height in front of the front line of the residential structure. Front yards are located on both street sides of a corner lot.

Olympia Fields: No fence may be built so as to extend past the front yard building line, or the side street yard on a corner lot. Note that the single family zoning districts in Olympia Fields require 15,000 and 20,000 minimum lots and 40 foot minimum front and side street yards.

Chicago Heights: In residential zoning districts, fences are prohibited between the street and the building line. The building line is defined as the area between the public right-of-way and the nearest line of the building. Hedges are limited to 3 feet in height between the street and the front yard line. A hedge is defined as “any closely grown shrub, tree, bush, plant, or hedge”.

In addition to their recommendation on the requested major variation under consideration in this item, the Planning and Zoning Commission also unanimously approved a motion to petition the Board of Trustees to immediately initiate a comprehensive review of the Unified Development Ordinance as it relates to fences on corner lots. The Commission is particularly concerned about understanding the Board’s position on the current fence standards. If the Board decides it is appropriate to consider revisions to the current standards, the Commission notes the importance of maintaining the Village’s goals for walkability and public safety while also allowing corner lot property owners to fence a larger portion of their property. This request is described in more detail in the attached memo. The Resolution was reviewed and approved by the Village Attorney. SCHEDULE FOR CONSIDERATION: This item will appear on the Regular Agenda of August 16, 2021, for approval.

RESOLUTION NO.

A RESOLUTION DENYING A MAJOR VARIATION TO

ARTICLE III-4.C.6. OF THE UNIFIED DEVELOPMENT ORDINANCE

OF THE VILLAGE OF PARK FOREST, COOK AND WILL COUNTIES, ILLINOIS,

REGARDING THE LOCATION OF A FENCE AT 201 ILLINOIS STREET

WHEREAS, the Park Forest Unified Development Ordinance establishes a process for the granting of major variations to the provisions of the Ordinance; and

WHEREAS, Phoebe DeLoach Alexander and Ron Alexander, property owners of 201 Illinois Street (the “Subject Property”), requested this major variation to the provisions of Article III.4.C.6. (“Fence or Wall”) relating to the location and height of a fence at the Subject Property; and

WHEREAS, the Planning and Zoning Commission conducted a public hearing to consider

this application on July 13, 2021; and

WHEREAS, on June 2020, 2021, notice for said public hearing was published in the Daily Southtown Newspaper, a newspaper of general circulation within the Village, and notice of said public hearing was sent to all property owners within 250 feet of the subject property, and signs were posted on the street frontage of the Subject Property to provide notice of said public hearing; and

WHEREAS, the Planning and Zoning Commission has voted 5-0 to recommend denial of the requested major variation to this Ordinance; and

WHEREAS, the Mayor and Board of Trustees have determined that granting the variation

to the location requirements at the Subject Property does not serve a public purpose and will not be in the best interests of the Village of Park Forest.

NOW, THEREFORE BE IT RESOLVED, by the Mayor and Board of Trustees of the Village of Park Forest, Cook and Will Counties, Illinois, in the exercise of the Village’s home rule powers, as follows:

SECTION 1: Recitals Incorporated. The recitals set forth above constitute a material part of this Resolution as if set forth in their entirety in this Section 1.

SECTION 2: Planning and Zoning Commission Findings and Recommendation. The findings and recommendation of the Planning and Zoning Commission, together with all reports and exhibits submitted at the public hearing, are hereby incorporated by reference herein and approved.

SECTION 3: Major Variation Denied. A Major Variation to Article III-4.C.6. of the Unified Development Ordinance is hereby denied pursuant to the Planning and Zoning Commission’s recommendation.

SECTION 4: Effective Date. This Resolution shall be in full force and effect upon its

passage and approval as provided by law. PASSED this day of , 2021. APPROVED: ATTEST:

Jonathan Vanderbilt, Mayor Sheila McGann, Village Clerk

MEMORANDUM

TO: Mayor and Board of Trustees FROM: Vernita Wickliffe-Lewis, Chair Marty Hutchins, Vice Chair Park Forest Planning and Zoning Commission DATE: July 16, 2021 RE: Recommendation – Request for a Major Variation to Article III-4.C.6. of the

Unified Development Ordinance regarding location of a fence at 201 Illinois Street

Recommendation At the regular meeting of July 13, 2021, the Planning and Zoning Commission considered a request by Phoebe DeLoach Alexander and Ron Alexander (as owner/applicant) for a Major Variation to Article III-4.C.6 of the Unified Development Ordinance (UDO). The Applicants requested the variation to permit the existing, nonconforming six (6) foot tall wood fence in the corner front yard of the property at 201 Illinois Street to be replaced. In all zoning districts, fences in the front or corner front yard are permitted to be no taller than three (3) feet. Existing, nonconforming uses and structures of all types must be removed when they become deterioriated such that 50 percent or more of the property would need to be replaced. Full details of this request are included in the attached Staff report. After taking public comment and discussing this request, the Planning and Zoning Commission voted 5-0 to recommend denial of the requested major variation because they found that each of the required Standards for Variations could not be met based on the specific set of facts related to this application. Standards for Variations A major variation may be granted by the Board only after the PZC and the Village Board have evaluated the application and made specific written findings based on each of the Standards for Variations established by Article VIII-3.D.4. The required standards for variations are noted below, with the Commission’s specific findings as related to this request.

1) The proposed variation will not endanger the health, safety, comfort, convenience, and general welfare of the public. The PZC unanimously agreed that this standard is met, with the condition that the fence is built in a manner that leaves the buffalo box outside the fence and accessible to Village Staff.

2) The proposed variation is compatible with the character of the adjacent properties and other property within the immediate vicinity of the proposed variation. Based on the Staff report, there are four properties in the East Lincolnwood neighborhood that have six-foot wood fences on corner front yards that were constructed prior to the ordinance. Therefore, the majority of the PZC agreed that this standard is met. Two PZC members noted that there are multiple corner lots in the neighborhood and most do not have

nonconforming fences. Therefore, in the totality the fence would not be compatible with the larger neighborhood.

3) The proposed variation alleviates a hardship created by the literal enforcement of the Ordinance that would prevent the application from yielding a reasonable return from the subject property. The majority of the PZC noted that it is likely that the Applicant’s purchased the home, at least in part, because of the existing fence. Therefore, it would be a hardship to lose the fence.

4) The proposed variation is necessary due to the unique attributes of the subject property, which were not deliberately created by the applicant, and are not shared by adjacent properties and other properties within the immediate vicinity of the proposed variation. The majority of PZC members agreed that the size of the lot makes it unique, as well as the fact that the house had a fence when the Applicants purchased it. Two Commissioners noted that the unique attribute of size is shared with other corner lots in the neighborhood, and therefore the variation is not necessary.

5) The proposed variation is necessary to permit a reasonable use of land, but does not confer a special privilege on the applicant which is denied to the owners of adjacent property and other properties within the immediate vicinity of the proposed variation. The majority of the PZC agreed that this variation is needed to permit a reasonable use of the property, and it would not confer a special privilege because other property owners can request the same variation. Therefore, this standard is met.

6) The proposed variation represents the minimum deviation from the regulations of this Ordinance necessary to accomplish desired improvement of the subject property. The majority of the PZC agreed that this standard is met because the fence is existing. One PZC member noted that the existing fence does not represent the minimum deviation necessary.

7) The proposed variation is consistent with the intent of the elements of the Comprehensive Plan, the UDO, and other land use policies of the Village. The PZC unanimously agreed that based on the walkability goals of the Strategic Plan, the Sustainability Plan, and the Bicycle and Pedestrian Plan the requested fence, located at the corner front property line on Early Street, would not be consistent with these goals. The PZC determined that this finding was not met, and changes to the policies set out in the comprehensive plan should not be made by the variation process.

Best regards, Vernita Wickliffe-Lewis, Chair Marty Hutchins, Vice Chair

AGENDA BRIEFING

DATE: July 21, 2021 TO: Mayor Vanderbilt Board of Trustees FROM: Vernita Wickliffe-Lewis, Planning and Zoning Commission Chair RE: Planning and Zoning Commission Petition to initiate a review of the UDO as it

relates to fences on corner lots BACKGROUND/DISCUSSION:

At their regular meeting of July 13, 2021, the Planning and Zoning Commission conducted two public hearings to consider requests for Major Variations to Article III-4.C.6 of the Unified Development Ordinance (UDO). These requests were to allow a six (6) foot tall fence to be constructed or replaced in the corner side yard on corner lots. A similar request had been considered by the Commission in December 2018. The Commission recommended denial of all three requests. Common to each of the Commission’s recommendations for denial was the failure of the petitioners to meet the standard that their property had “unique attributes”, required for a major variation to the UDO. In general, the arguments presented by the homeowners were shared by all corner lots within the immediate neighborhood and the Village. In addition to their consideration of the two variation requests, at the meeting on July 13 the Commission voted 5-0 to petition the Board of Trustees to immediately initiate a comprehensive review of the UDO as it relates to corner lots and fencing. With nearly 700 single family residential corner lots in the Village, the Commission anticipates that Park Forest property owners will continue to request this major variation. Therefore, it is important for both the Commission and Village Staff to fully understand the Board’s policy on this matter in order to ensure that they act accordingly. UDO Use Standards for Fences Article III-4.C.6 of the UDO establishes the following with regard to fences or walls (underlines added by Staff for the purposes of this memo):

Fence or Wall. The following requirements apply to fences and walls unless otherwise specifically established in this Ordinance. Refer to Figure III-4-A. Fence or Wall. a. Location. Fences and walls, including all posts, bases, and other structural parts, shall be

located completely within the boundaries of the lot on which it is located. (1) Front Yard, Interior Side Yard, and Rear Yard. Fences and walls are allowed in the

front yard, interior side yard, and rear yard. (2) Corner Side Yard. Fences and walls are allowed in the corner side yard between the

front façade of the principal structure and the rear lot line. b. Height. The maximum height of a fence or wall shall be three feet in the front and corner

side yard, and eight feet in an interior side or rear yard. The maximum height of a fence or wall shall be measured from the ground at the base of the fence or wall.

B. Figure III-4.A. Fence or Wall

The “yard” is defined as the area on a lot between the principal structure and the property line. The “front yard” extends from the façade of the building to the adjacent street right-of-way, and includes corner side yards. The UDO also protects sight triangles at street intersections, and at the intersection of driveways with streets. These are areas where encroachments of a specified height are not permitted in order to ensure clear visibility for motorists, bicyclists, and pedestrians.

Article II-5.C. Visibility Obstruction. Nothing shall be erected, placed, or allowed to grow in a manner that will create a visibility obstruction for motorists, bicyclists, or pedestrians. No building, structure, sign, or landscape element shall be located between 2.5 feet and eight feet in height within the sight triangle area formed by 25 feet along the intersecting streets, measured along the curb line, or edge of pavement where no curbs are present. Article V-9.D. Visibility. No building, structure, sign, or landscape element shall obstruct the area between 2.5 feet and eight feet in height within the sight triangle area on each side of any driveway. Beginning at the intersection of the driveway with the lot line, the sight triangle shall be formed by measuring ten feet along the lot line in the opposite direction of the driveway and ten feet along the driveway in the opposite direction of the lot line, then connecting the endpoints of the lines across the subject property (refer to Figure V-9-A. Visibility at Driveways).

Planning and Zoning Commission Concerns Some of the specific issues that were discussed include:

First and foremost, is the Board comfortable with the fence standards as they currently exist in the Village Code of Ordinance? If so, this will provide sufficient guidance to the Commission and Staff to respond to future requests for fence variations, and no further action by the Board would be necessary at this time.

If the current use standards are revised, it should be done in a manner that maintains the Village’s goals for walkability, public safety, and access to public infrastructure (for example, the buffalo box connection to Village water).

The large number of corner lots in the Village that could either 1) gain more private yard with a change in the use standards, or 2) have a negative impact on walkability and public safety with a change in the use standards.

Variables that could be considered include o The location of a taller fence in the corner side yard, i.e., from the front corner of

the house or the back corner of the house, o The height of the fence in the corner side yard, and o The opaque-ness of the fence in the corner side yard, if taller than three (3) feet.

The Planning and Zoning Commission is prepared to be involved in this comprehensive review of the fence standards, should the Board deem it necessary.

AGENDA BRIEFING

DATE: August109, 2021 TO: Mayor Vanderbilt Board of Trustees FROM: Roderick Ysaguirre – Director of Public Works/Village Engineer RE: Approval of an MFT Resolution to appropriate $78,646 dollars in Motor Fuel

Tax – REBUILD ILLINOIS Funds for Design Engineering costs associated with improvements to NON-FAU portions of Shabbona Dr and South Orchard Dr.


In 2019, Rebuild Illinois was signed into law to help stimulate the economy and improve Illinois infrastructure thus making funds available to local governments. Park Forest is expected to receive 6 payments of $241,373.16 for a total of $1,448,239. To date, the Village has only received 4 payments ($965,492.64) with a 5th allotment expected to be received in a couple months. According to Rebuild Illinois guidelines, these funds are to be used on bondable construction projects and funds are to be used by federal fiscal year 2025. Public Works intends to use a portion of the Village’s allotments of Rebuild Illinois funding for Design Engineering to make roadway improvements to the NON-FAU portions of Shabbona Dr and South Orchard Dr. See attached map. This Agenda Item consists of approval of an MFT Resolution appropriating $78,646 dollars of Rebuild Illinois funds from the Village’s received allotments for Design Engineering. Design Engineering services include pavement section investigation, environmental investigations, field evaluation and surveys, interagency coordination meetings, complete project plans, specifications, estimates of cost, and other items related to this phase. The proposed improvement is to mill and resurface, pavement patching, remove and replace curb and gutter, driveway replacement, ADA sidewalk improvements, structure adjustment, pavement markings, traffic control, restoration, and any other necessary items. The targeted local Letting Date for this project is March 1, 2022. RECOMMENDATION: Approve this Resolution to appropriate $78,646 dollars in Rebuild Illinois funds for Design Engineering. SCHEDULE FOR CONSIDERATION: This item will appear on the Agenda of the Regular Meeting of August 16, 2021 for your consideration.

BLR 09110 (Rev. 05/08/20)

Resolution for Improvement

Under the Illinois Highway Code

Page 1 of 1Printed 07/29/21

Resolution Type

Original

Resolution Number Section Number

21-00107-00-RS

BE IT RESOLVED, by theGoverning Body Type

President and Board of Trustees of the Local Public Agency Type

Village

of

Name of Local Public Agency

Park Forest Illinois that the following described street(s)/road(s)/structure be improved under

the Illinois Highway Code. Work shall be done byContract or Day Labor

Contract .

NoYes

Is this project a bondable capital improvement?

For Roadway/Street Improvements:

Name of Street(s)/Road(s)Length

(miles)Route From To

Shabbona Drive 0.59 MUN2016 Indianwood Boulevard Orchard Drive

Orchard Drive 0.11 MUN0001 Monee Road Blackhawk Drive

For Structures:

Name of Street(s)/Road(s)Existing

Structure No.Route Location Feature Crossed

BE IT FURTHER RESOLVED,

1. That the proposed improvement shall consist of

Project consists of design engineering that will include curb replacement, pavement repairs, drainage

improvements, and related work.

2. That there is hereby appropriated the sum of Seventy Eight Thousand Six Hundred Forty Six and Zero Cents

$78,646.00 Dollars ( ) for the improvement of

said section from the Local Public Agency's allotment of Motor Fuel Tax funds.

BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit four (4) certified originals of this resolution to the district office

of the Department of Transportation.

I,Name of Clerk Local Public Agency Type

Village Clerk in and for saidLocal Public Agency Type

Village

ofName of Local Public Agency

Park Forest in the State aforesaid, and keeper of the records and files thereof, as provided by

statute, do hereby certify the foregoing to be a true, perfect and complete original of a resolution adopted by

Governing Body Type

President and Board of Trustees ofName of Local Public Agency

Park Forest at a meeting held onDate

IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this Day

day of Month, Year

.

.

(SEAL) Clerk Signature Date

Approved

Regional Engineer

Department of Transportation Date

Rebuild Illinois Funds.

REBUILD ILLINOIS FUNDS

AGENDA BRIEFING

DATE: August 10, 2021 TO: Mayor Vanderbilt Board of Trustees FROM: Roderick Ysaguirre – Director of Public Works/Village Engineer RE: Approval of an Engineering Services Agreement for Design Engineering

Services associated with improvements to Shabbona Drive and South Orchard Drive


Shabbona Drive from Sauk Trail to Indianwood Blvd and South Orchard Drive from Sauk Trail to Blackhawk Drive are both designated as federal aid (FAU) routes thus making them eligible for federal funding. Shabbona Drive is currently in the beginning stages of the Phase I process whereas South Orchard Drive is not; but is still in the plan for future federal funding years. See attached map. In 2019, Rebuild Illinois was signed into law to help stimulate the economy and improve Illinois infrastructure thus making funds available to local governments. Park Forest is expected to receive 6 payments of $241,373.16 for a total of $1,448,239. To date, the Village has only received 4 payments ($965,492.64) with a 5th allotment expected to be received in a couple months. According to Rebuild Illinois guidelines, these funds are to be used on bondable construction projects and funds are to be used by federal fiscal year 2025. Therefore, Public Works intends to use the Village’s allotments of Rebuild Illinois funding to make roadways improvements to the non-FAU portions of Shabbona Dr (Indianwood Blvd to South Orchard Dr) and of South Orchard Dr (Blackhawk Dr to Monee Rd), see attached map. This agenda item consists of approval of a Design Engineering Services Agreement with Baxter and Woodman Consulting Engineers. Design Engineering services include pavement section investigation, environmental investigations, field evaluation and surveys, interagency coordination meetings, complete project plans, specifications, estimates of cost, and other items related to this phase. The proposed improvement is to mill and resurface, pavement patching, remove and replace curb and gutter, driveway replacement, ADA sidewalk improvements, structure adjustment, pavement markings, traffic control, restoration, and any other necessary items. The targeted local Letting Date for this project is March 1, 2022. This agreement will be funded 100% through the Village’s Motor Fuel Tax Fund where $965,492.64 in Rebuild Illinois Funds have been received.

RECOMMENDATION: Approve and authorize the Mayor to enter into this Design Engineering Services Agreement with Baxter and Woodman Consulting Engineers in the amount not to exceed $78,646 for design work associated with improvements to non-FAU portions of Shabbona Drive and South Orchard Drive. SCHEDULE FOR CONSIDERATION: This item will appear on the Agenda of the Regular Meeting of August 16th, 2021 for your consideration.

Local Public Agency

Engineering Services Agreement

BLR 05530 (Rev. Draft)Page 1 of 10Printed 07/29/21

Using Federal Funds? Yes No

Agreement For

MFT PE

Agreement Type

Original

LOCAL PUBLIC AGENCY

Local Public Agency

Village of Park Forest

County

Will

Section Number

21-00107-00-RS

Job Number

Project Number Contact Name

Roderick Ysaguirre

Phone Number

(708) 503-7702

Email

[email protected]

SECTION PROVISIONS

Local Street/Road Name

Shabbona Drive

Length

3100

Key Route

MUN2016

Add Location

Structure Number

Remove Location

Location Termini

Indianwood Boulevard to Orchard Drive

SECTION PROVISIONS

Local Street/Road Name

Orchard Drive

Length

600

Key Route

MUN0001

Add Location

Structure Number

Remove Location

Location Termini

Monee Road to Blackhawk Drive

Project Description

Project consists of design engineering that will include curb replacement, pavement repairs, drainage

improvements, and related work. 150122.40

Engineering Funding

Anticipated Construction Funding

MFT/TBP State Other

OtherStateMFT/TBPFederal

AGREEMENT FOR

Phase II - Design Engineering Phase I - Preliminary Engineering

CONSULTANT

Consultant (Firm) Name

Baxter & Woodman, Inc

Contact Name

Jay Coleman

Phone Number

(815) 444-3271

Address

8678 Ridgefield Road

City

Crystal Lake

State

IL

Zip Code

60012

Email

[email protected]

THIS AGREEMENT IS MADE between the above Local Public Agency (LPA) and Consultant (ENGINEER) and covers certain

professional engineering services in connection with the improvement of the above SECTION. Project funding allotted to the LPA by the

State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the "DEPARTMENT," will be

used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS.

Since the services contemplated under the AGREEMENT are professional in nature, it is understood that the ENGINEER, acting as an

individual, partnership, firm or legal entity, qualifies for professional status and will be governed by professional ethics in its relationship to

the LPA and the DEPARTMENT. The LPA acknowledges the professional and ethical status of the ENGINEER by entering into an

AGREEMENT on the basis of its qualifications and experience and determining its compensation by mutually satisfactory negotiations.

WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used, they shall be interpreted to mean:

BLR 05530 (Rev. 05/07/21)Page 2 of 10Printed 07/29/21

Regional Engineer Deputy Director, Office of Highways Project Implementation, Regional Engineer, Department of

Transportation

Resident Construction Supervisor Authorized representative of the LPA in immediate charge of the engineering details of the

construction PROJECT

In Responsible Charge A full time LPA employee authorized to administer inherently governmental PROJECT activities

Contractor Company or Companies to which the construction contract was awarded

AGREEMENT EXHIBITS

The following EXHIBITS are attached hereto and made a part of hereof this AGREEMENT:

EXHIBIT A: Scope of Services

EXHIBIT B: Project Schedule

EXHIBIT C: Direct Costs Check Sheet

EXHIBIT D: Qualification Based Selection (QBS) Checklist

EXHIBIT E: Cost Estimate of Consultant Services Worksheet (BLR 05513 or BLR 05514 )

I. THE ENGINEER AGREES,

1. To perform or be responsible for the performance of the Scope of Services presented in EXHIBIT A for the LPA in connection

with the proposed improvements herein before described.

2. The Classifications of the employees used in the work shall be consistent with the employee classifications and estimated staff

hours. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are to be performed by

lesser-salaried personnel, the wage rate billed for such services shall be commensurate with the payroll rate for the work

performed.

3. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or

corrections required as a result of the ENGINEER'S error, omissions or negligent acts without additional compensation.

Acceptance of work by the LPA or DEPARTMENT will not relieve the ENGINEER of the responsibility to make subsequent

correction of any such errors or omissions or the responsibility for clarifying ambiguities.

4. That the ENGINEER will comply with applicable Federal laws and regulations, State of Illinois Statutes, and the local laws or

ordinances of the LPA.

5. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA.

6. To invoice the LPA, The ENGINEER shall submit all invoices to the LPA within three months of the completion of the work called

for in the AGREEMENT or any subsequent Amendment or Supplement.

7. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of

this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of US

Department of Transportation (US DOT) assisted contract. Failure by the Engineer to carry out these requirements is a material

breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LPA deems

appropriate.

8. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties

without written consent of the LPA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished

by the ENGINEER shall be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT.

9. For Preliminary Engineering Contracts:

(a) To attend meetings and visit the site of the proposed improvement when requested to do so by representatives of the

LPA or the DEPARTMENT, as defined in Exhibit A (Scope of Services).

(b) That all plans and other documents furnished by the ENGINEER pursuant to the AGREEMENT will be endorsed by

the ENGINEER and affixed the ENGINEER's professional seal when such seal is required by law. Such

endorsements must be made by a person, duly licensed or registered in the appropriate category by the Department

of Professional Regulation of the State of Illinois. It will be the ENGINEER's responsibility to affix the proper seal as

required by the Bureau of Local Roads and Streets manual published by the DEPARTMENT.

(c) That the ENGINEER is qualified technically and is thoroughly conversant with the design standards and policies

applicable for the PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced

personnel to perform the services enumerated in Exhibit A (Scope of Services).

10. That the engineering services shall include all equipment, instruments, supplies, transportation and personnel required to perform

the duties of the ENGINEER in connection with this AGREEMENT (See Exhibit C).

II. THE LPA AGREES,

1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the

Professional Services Selection Act (50 ILCS 510) (Exhibit D).

2. To furnish the ENGINEER all presently available survey data, plans, specifications, and project information.


3. To pay the ENGINEER:

(a) For progressive payments - Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the

LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be

equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER.

(b) Final payment - Upon approval of the work by the LPA but not later than 60 days after the work is completed and

reports have been made and accepted by the LPA and DEPARTMENT a sum of money equal to the basic fee as

determined in this AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER

shall be due and payable to the ENGINEER.

(c) For Non-Federal County Projects - (605 ILCS 5/5-409)

(1) For progressive payments - Upon receipt of monthly invoices from the ENGINEER and the approval thereof

by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER. Such

payments to be equal to the value of the partially completed work in all previous partial payments made to

the ENGINEER.

(2) Final payment - Upon approval of the work by the LPA but not later than 60 days after the work is

completed and reports have been made and accepted by the LPA and STATE, a sum of money equal to

the basic fee as determined in the AGREEMENT less the total of the amount of partial payments previously

paid to the ENGINEER shall be due and payable to the ENGINEER.

4. To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the

following compensation method as discussed in 5-5.10 of the BLR Manual.

Method of Compensation:

Percent

Lump Sum

Specific Rate

Cost plus Fixed Fee: Fixed

Total Compensation = DL + DC + OH + FF

Where:

DL is the total Direct Labor,

DC is the total Direct Cost,

OH is the firm's overhead rate applied to their DL and

FF is the Fixed Fee.

Where FF = ( 0.33 + R) DL + %SubDL, where R is the advertised Complexity Factor and %SubDL is 10% profit

allowed on the direct labor of the subconsultants.

The Fixed Fee cannot exceed 15% of the DL + OH.

5. The recipient shall not discriminate on the basis of race, color, national original or sex in the award and performance of any US

DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take

all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of US

DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by US DOT, is

incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms

shall be treated as violation of this AGREEMENT. Upon notification to the recipient of its failure to carry out its approved program,

the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for

enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C 3801 et seq.).

III. IT IS MUTUALLY AGREED,

1. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to

verify the amount, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all

books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General,

and the DEPARTMENT; the Federal Highways Administration (FHWA) or any authorized representative of the federal

government, and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents

required by this section shall establish a presumption in favor of the DEPARTMENT for the recovery of any funds paid by the

DEPARTMENT under the contract for which adequate books, records and supporting documentation are not available to support

their purported disbursement.

2. That the ENGINEER shall be responsible for any all damages to property or persons out of an error, omission and/or negligent

act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA, the DEPARTMENT, and their

officers, agents and employees from all suits, claims, actions or damages liabilities, costs or damages of any nature whatsoever

resulting there from. These indemnities shall not be limited by the listing of any insurance policy.

The LPA will notify the ENGINEER of any error or omission believed by the LPA to be caused by the negligence of the

ENGINEER as soon as practicable after the discovery. The LPA reserves the right to take immediate action to remedy any error

or omission if notification is not successful; if the ENGINEER fails to reply to a notification; or if the conditions created by the error


or omission are in need of urgent correction to avoid accumulation of additional construction costs or damages to property and

reasonable notice is not practicable.

3. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known

post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LPA all drawings, plats, surveys,

reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data,

if any from soil survey and subsurface investigation with the understanding that all such materials becomes the property of the

LPA. The LPA will be responsible for reimbursement of all eligible expenses incurred under the terms of this AGREEMENT up to

the date of the written notice of termination.

4. In the event that the DEPARTMENT stops payment to the LPA, the LPA may suspend work on the project. If this agreement is

suspended by the LPA for more than thirty (30) calendar days, consecutive or in aggregate, over the term of this AGREEMENT,

the ENGINEER shall be compensated for all services performed and reimbursable expenses incurred prior to receipt of notice of

suspension. In addition, upon the resumption of services the LPA shall compensate the ENGINEER, for expenses incurred as a

result of the suspension and resumption of its services, and the ENGINEER's schedule and fees for the remainder of the project

shall be equitably adjusted.

5. This AGREEMENT shall continue as an open contract and the obligations created herein shall remain in full force and effect until

the completion of construction of any phase of professional services performed by others based upon the service provided

herein. All obligations of the ENGINEER accepted under this AGREEMENT shall cease if construction or subsequent

professional services are not commenced within 5 years after final payment by the LPA.

6. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or

negligent act in the prosecution of the ENGINEER's work and shall indemnify and have harmless the LPA, the DEPARTMENT,

and their officers, employees from all suits, claims, actions or damages liabilities, costs or damages of any nature whatsoever

resulting there from. These indemnities shall not be limited by the listing of any insurance policy.

7. The ENGINEER and LPA certify that their respective firm or agency:

(a) has not employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any

firm or person (other than a bona fide employee working solely for the LPA or the ENGINEER) to solicit or secure

this AGREEMENT,

(b) has not agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services

of any firm or person in connection with carrying out the AGREEMENT or

(c) has not paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for

the LPA or the ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with,

procuring or carrying out the AGREEMENT.

(d) that neither the ENGINEER nor the LPA is/are not presently debarred, suspended, proposed for debarment,

declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency,

(e) has not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered

against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or

performing a public (Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission

of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving

stolen property.

(f) are not presently indicated for or otherwise criminally or civilly charged by a government entity (Federal, State, or

local) with commission of any of the offenses enumerated in paragraph and

(g) has not within a three-year period preceding this AGREEMENT had one or more public transaction (Federal, State,

local) terminated for cause or default.

Where the ENGINEER or LPA is unable to certify to any of the above statements in this clarification, an explanation shall be

attached to this AGREEMENT.

8. In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the ENGINEER no

claim for damages shall be made by either party. Termination of the AGREEMENT or adjustment of the fee for the remaining

services may be requested by either party if the overall delay from the unforeseen causes prevents completion of the work within

six months after the specified completion date. Examples of unforeseen causes included but are not limited to: acts of God or a

public enemy; acts of the LPA, DEPARTMENT, or other approving party not resulting from the ENGINEER's unacceptable

services; fire; strikes; and floods.

If delays occur due to any cause preventing compliance with the PROJECT SCHEDULE, the ENGINEER shall apply in writing to

the LPA for an extension of time. If approved, the PROJECT SCHEDULE shall be revised accordingly.

9. This certification is required by the Drug Free Workplace Act (30 ILCS 580). The Drug Free Workplace Act requires that no

grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of

any property or service from the DEPARTMENT unless that grantee or contractor will provide a drug free workplace. False

certification or violation of the certification may result in sanctions including, but not limited to suspension of contract on grant

payments, termination of a contract or grant and debarment of the contracting or grant opportunities with the DEPARTMENT for

at least one (1) year but not more than (5) years.

For the purpose of this certification, "grantee" or "Contractor" means a corporation, partnership or an entity with twenty-five (25)

or more employees at the time of issuing the grant or a department, division or other unit thereof, directly responsible for the

specific performance under contract or grant of $5,000 or more from the DEPARTMENT, as defined the Act.

The contractor/grantee certifies and agrees that it will provide a drug free workplace by:

(a) Publishing a statement:


(1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a

controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace.

(2) Specifying actions that will be taken against employees for violations of such prohibition.

(3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will:

(a) abide by the terms of the statement; and

(b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace

no later than (5) days after such conviction.

(b) Establishing a drug free awareness program to inform employees about:

(1) The dangers of drug abuse in the workplace;

(2) The grantee's or contractor's policy to maintain a drug free workplace;

(3) Any available drug counseling, rehabilitation and employee assistance program; and

(4) The penalties that may be imposed upon an employee for drug violations.

(c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the

contract or grant and to post the statement in a prominent place in the workplace.

(d) Notifying the contracting, or granting agency within ten (10) days after receiving notice under part (b) of paragraph

(3) of subsection (a) above from an employee or otherwise, receiving actual notice of such conviction.

(e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation

program.

(f) Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is

required and indicating that a trained referral team is in place.

Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act,

the ENGINEER, LPA and the Department agree to meet the PROJECT SCHEDULE outlined in EXHIBIT B. Time is of the

essence on this project and the ENGINEER's ability to meet the PROJECT SCHEDULE will be a factor in the LPA selecting the

ENGINEER for future projects. The ENGINEER will submit progress reports with each invoice showing work that was completed

during the last reporting period and work they expect to accomplish during the following period.

10. Due to the physical location of the project, certain work classifications may be subject to the Prevailing Wage Act (820 ILCS

130/0.01 et seq.).

11. For Preliminary Engineering Contracts:

(a) That tracing, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance

with this AGREEMENT shall be delivered to and become the property of the LPA and that basic survey notes,

sketches, charts, CADD files, related electronic files, and other data prepared or obtained in accordance with this

AGREEMENT shall be made available, upon request to the LPA or to the DEPARTMENT, without restriction or

limitation as to their use. Any re-use of these documents without the ENGINEER involvement shall be at the LPA's

sole risk and will not impose liability upon the ENGINEER.

(b) That all reports, plans, estimates and special provisions furnished by the ENGINEER shall conform to the current

Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Manual or any other

applicable requirements of the DEPARTMENT, it being understood that all such furnished documents shall be

approved by the LPA and the DEPARTMENT before final acceptance. During the performance of the engineering

services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein

enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the

ENGINEER's expense.

AGREEMENT SUMMARY

Prime Consultant TIN/FEIN/SS Number Agreement Amount

Baxter & Woodman, Inc 36-2845242 $76,936.00

Subconsultants TIN/FEIN/SS Number Agreement Amount

- Soil & Material Consultants 36-3094075 $1,710.00

Subconsultant Total $1,710.00

Prime Consultant Total $76,936.00

Total for all work $78,646.00

Add Subconsultant

AGREEMENT SIGNATURES

Executed by the LPA:

Local Public Agency Type

Village


Park ForestAttest: The of


Local Public Agency Type

Village Clerk

By Date

(SEAL)

Title

Mayor

Executed by the ENGINEER:

Consultant (Firm) Name

Baxter & Woodman, Inc

Title

Deputy Secretary

By

Attest:

Date By


Park Forest

Date By Date

Title

Vice President

Date Regional Engineer, Department of Transportation

APPROVED:


Section Number

21-00107-00-RS

County

Will

Local Public Agency


To perform or be responsible for the performance of the engineering services for the LPA, in connection with the PROJECT herein before

described and enumerated below

EXHIBIT A

SCOPE OF SERVICES

See attached Exhibit A Breakdown - Scope of Services.


Section Number

21-00107-00-RS

County

Will

Local Public Agency


EXHIBIT B

PROJECT SCHEDULE

Notice to Proceed 9-15-2021

Final PS&E 1-15-2021

Advertise for Bids 2-15-2022

Local Letting 3-1-2022

Award Contract 3-15-2022

Begin Construction 5-1-2022

Construction Substantially Complete 9-1-2022


Section Number

21-00107-00-RS

County

Will

Local Public Agency


Exhibit C

Direct Costs Check Sheet

List ALL direct costs required for this project. Those not listed on the form will not be eligible for reimbursement by the LPA on this project.

Item Allowable Quantity Contract Rate Total

Lodging

(per GOVERNOR'S TRAVEL CONTROL BOARD)

Actual cost

(Up to state rate maximum)

Lodging Taxes and Fees


Actual Cost

Air FareCoach rate, actual cost, requires minimum two weeks'

notice, with prior IDOT approval

Vehicle Mileage


Up to state rate maximum650 $0.56 $364.00

Vehicle Owned or Leased $32.50/half day (4 hours or less) or $65/full day 5 $65.00 $325.00

Vehicle Rental Actual cost (Up to $55/day)

Tolls Actual cost

Parking Actual cost

Overtime Premium portion (Submit supporting documentation)

Shift Differential Actual cost (Based on firm's policy)

Overnight Delivery/Postage/Courier Service Actual cost (Submit supporting documentation) 1 $300.00 $300.00

Copies of Deliverables/Mylars (In-house) Actual cost (Submit supporting documentation)

Copies of Deliverables/Mylars (Outside) Actual cost (Submit supporting documentation)

Project Specific Insurance Actual Cost

Monuments (Permanent) Actual Cost

Photo Processing Actual Cost

2-Way Radio (Survey or Phase III Only) Actual Cost

Telephone Usage (Traffic System Monitoring Only) Actual Cost

CADD Actual cost (Max $15/hour)

Web Site Actual cost (Submit supporting documentation)

Advertisements Actual cost (Submit supporting documentation)

Public Meeting Facility Rental Actual cost (Submit supporting documentation)

Public Meeting Exhibits/Renderings & Equipment Actual cost (Submit supporting documentation)

Recording Fees Actual Cost

Transcriptions (specific to project) Actual Cost

Courthouse Fees Actual Cost

Storm Sewer Cleaning and Televising Actual cost (Requires 2-3 quotes with IDOT approval)

Traffic Control and Protection Actual cost (Requires 2-3 quotes with IDOT approval)

Aerial Photography and Mapping Actual cost (Requires 2-3 quotes with IDOT approval)

Utility Exploratory Trenching Actual cost (Requires 2-3 quotes with IDOT approval)

Testing of Soil Samples Actual Cost 1 $2,800.00 $2,800.00

Lab Services Actual Cost (Provide breakdown of each cost)

Equipment and/or Specialized Equipment Rental Actual Cost (Requires 2-3 quotes with IDOT approval)

PESA Data Base Review Actual Cost 1 $200.00 $200.00

Total Direct Costs $3,989.00


Section Number

21-00107-00-RS

County

Will

Local Public Agency


Exhibit D

Qualification Based Selection (QBS) Checklist

The LPA must complete Exhibit D. If the value meets or will exceed the threshold in 50 ILCS 510, QBS requirements must be followed.

Under the threshold, QBS requirements do not apply. The threshold is adjusted annually. If the value is under the threshold with federal

funds being used, federal small purchase guidelines must be followed.

Form Not Applicable (engineering services less than the threshold)

Consultant: Baxter & Woodman Route: Shabbona Drive and Orchard Drive

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SHABBONA DRIVE & ORCHARD DRIVE IMPROVEMENTS DESIGN ENGINEERING SERVICES

AGENCY

EXHIBIT A BREAKDOWN SCOPE OF SERVICES

LOCATION: This project is located on Shabbona Drive from Indianwood Boulevard to Orchard Drive and Orchard Drive from Monee Road to Blackhawk Drive within the Village of Park Forest. PROJECT UNDERSTANDING: Shabbona Drive and Orchard Drive within the project limits consists of full-depth HMA pavement with varying styles of existing curb and gutter. The proposed rehabilitation improvements are planned to consist of pavement patching and resurfacing or full-depth replacement, pending pavement core analysis. Other work includes removing the existing curb, installation of new curb and gutter, structure frame and grate adjustments, sidewalk replacement and other necessary ADA or sidewalk repairs within the Village right of way, driveway and parkway restoration, and miscellaneous items of work. The project will utilize Rebuild Illinois Bond Funding and be processed through the IDOT District 1 Bureau of Local Roads and Streets. All work noted below will be in accordance with IDOT requirements for use of this project funding source. SCOPE OF SERVICES: 1. EARLY COORDINATION (OR PROJECT INITIATION) AND DATA COLLECTION

A. Data Collection: Obtain, review and evaluate the following information provided by the LPA for use in design:

1) Utility Atlases 2) Existing Roadway and Structure Plans with Inspection Reports 3) GIS Shape files surrounding the project limits 4) Maintenance and flooding records 5) Geotechnical Data 6) ROW, GIS and property data

B. Field evaluation: Perform a field evaluation of the condition of existing pavements, drainage

structures, sidewalk ramps, and curb and gutter. Estimate quantities of pavement repair.

C. Utility Coordination: Contact JULIE to identify utilities that have facilities along the project limits. Request utility atlas maps and plot locations and sizes of existing utilities in electronic drawings. Submit preliminary and final plans to utility companies so conflicts and relocation efforts can be identified and completed by the utility company prior to construction.

SHABBONA DRIVE AND ORCHARD DRIVE PARK FOREST

- 2 -

D. IDOT Coordination: Coordinate the project with the IDOT Bureau of Local Roads for use of Rebuild Illinois funding.

E. Will County Coordination: Coordinate the project with Will County regarding work within the County right-of-way at the intersection of Orchard Road and Monee Road.

2. TOPOGRAPHIC SURVEY

A. Topographic Survey: Perform topographic survey within the project limits and at 100-foot intervals including driveways and cross streets. The limits of the survey will be Shabbona Drive from the intersections of Sauk Indianwood Boulevard to Blackhawk Drive, and Orchard Drive from Shabbona Drive to Monee Road (approx. 3,700 feet). State plane coordinates and NAVD 88 will be used for horizontal and vertical controls.

B. Photos: Collect photographs along the project route to assist with design drawings and exhibits.

C. Structures: Collect drainage structure condition, inverts, size, and flow direction.

D. Terrain Model: Download and develop digital terrain model for use in design and plan preparation.

E. No additional right-of-way or easements are anticipated. Work to complete Plat of Easement or

Plat of Dedication is not included. 3. ENVIRONMENTAL COORDINATION AND PERMITTING

A. EcoCAT: Submit an EcoCAT information request through the IDNR website to identify potentially impacted natural resources. Should potential impacts be identified, consultation may be required. Providing additional project information and fees as may be required for consultation, are not included in the scope of this project and would be a separate expense to the Village if required. Unique design measures to mitigate impacts from the EcoCAT will also be considered additional services.

B. Special Waste Screening: Conduct Special Waste Screening as outlined in Section 20-12.03(b) of

the IDOT Bureau of Local Roads and Streets Manual. Screening will include Environmental Regulatory Records Review and a site visit. Based on Environmental Screening results and site visit, determine if further action is required and prepare a summary of the findings.

C. Historic Preservation Coordination: Submit necessary documentation to the Illinois Historical

Preservation Agency to obtain a “no significant historical resources” statement for the area of the Project.

D. NPDES, SWPPP, IEPA: Complete SWPPP and NOI, and obtain NPDES permit from IEPA. Agency

review fees are not included within this agreement and shall be paid for separately by the LPA. 4. PRELIMINARY ENVIRONMENTAL SITE ASSESSMENT (PESA)

A. Historical Records Review: Review and document historical data sources for the project area, including aerial photographs, topographic maps, fire insurance maps, County resources, and other readily available development data.


- 3 -

B. Environmental Regulatory Records Review: A computer search of Federal, State, Tribal, and local

government agency records will be performed to determine if the Site or adjacent properties are included within the selected regulatory databases. Based on the results of this query, the Site and its surrounding properties shall be evaluated for recognized environmental concerns (REC). Queries shall be performed, but not be limited to, the following regulatory databases:

1) National Priority List (NPL) of Hazardous Waste Sites; 2) Hazardous Waste Treatment, Storage, Disposal Facilities (TSDF); 3) Underground Storage Tank or Leaking Underground Storage Tank Locations (UST/LUST); 4) Sanitary Landfill and Solid Waste Sites (SL/SWS); 5) State Hazardous Waste Sites (SHWS); 6) CERCLIS sites 7) Small and Large Quantity Hazardous Waste Generators (RCRIS-SQG/LGG) 8) RCRA

C. Report Preparation: Based on Environmental Screening results and site visit, prepare a PESA using the processes described in A Manual for Conducting Preliminary Environmental Site Assessments for Illinois Department of Transportation Infrastructure Projects, Second edition, January 2012.

Prepare a letter report summarizing the activities and results of the assessment. The report will include pertinent documentation to support the screening results of the assessment. It will also provide a summary of conclusions from the limited information collected.

5. PRELIMINARY SITE INVESTIGATION (PSI)

A. Collect up to eight samples of subsurface soil from site, preserve samples, and transport to

environmental laboratory for analytical testing. Laboratory analyses will include BTEX, PNAs, RCRA Metals, TCCL Metals, SPLP Metals, Soils pH.

B. Prepare a letter report summarizing the activities and results of the investigation. The report will

include pertinent laboratory testing results. It will also provide a summary of conclusions from the information collected and identify which IDOT pay items should be included in the construction documents for disposing of Regulated Substances.

C. Identify any areas from which excavated material may be classified as Clean Construction or Demolition Debris (CCDD) and if applicable prepare an IEPA LPC-663 form.

6. MEETINGS - The following meetings are anticipated for this project: 1) Village (2 total) (Kickoff, Pre-final) 2) Public Meeting and/or Hearing (1) 3) IDOT BLRS (1) (Project Review) 4) Conduct internal team meetings as necessary 5) Public Meetings: No public involvement is anticipated for this project.

7. GEOTECHNICAL INVESTIGATION

Pavement Cores and Soil Borings: Utilize Soil and Material Consultants, Inc. to take pavement cores of the surface and base material for determining the composition of the existing pavement material within the project limits. Collect pavement cores at 500-foot spacing on alternating sides of the pavement centerline (9 total).


- 4 -

8. PLAN PREPARATION

A. Estimate of Cost: Prepare summary of quantities, schedules of materials, and an engineer’s estimate of cost.

B. Contract Documents and Specifications: Prepare contract bidding documents and Special Provisions in accordance with Village guidelines to specify items not covered by the Standard Specifications for Road and Bridge Construction. Submit plans, specifications, and estimates to the Village and IDOT Bureau of Local Roads for review and approvals.

C. Roadway Design: Prepare plan and profile sheets for the roadway design including improvement

limits, driveway repairs, rehabilitation strategy, curb and gutter, ADA sidewalk improvements, utility structure adjustments, pavement marking, and note special instructions to the Contractor.

D. Maintenance of Traffic and Construction Staging: Develop a preferred maintenance of traffic and

staging plan and submit to the Village for comment and approval. Identify the preferred strategy for maintaining traffic and driveway access. Prepare construction staging notes, typical sections, and layout to maintain local traffic flow through the construction zone. Confer with Village staff, emergency services, and public transportation agencies to consider local impacts and concerns.

E. On-Street Bike Path Design: Confirm the typical section and prepare the bicycle path pavement

design, which will most likely include ‘sharrows’.

F. Cross Section Design: Design roadway cross sections at 100-foot intervals and all cross streets, driveways, and cross-road culverts. Compute earthwork calculations as needed. Stage construction earthwork calculations are not anticipated.

G. Detailed Drawings: Complete required plan sheets required for bidding including Cover, General Notes, Summary of Quantities, Schedule of Quantities, Typical Sections, Erosion Control, Removals, Plan and Profile, Grading, Pavement Markings, Landscaping, and Cross Sections.

9. Bidding Assistance

A. Provide design assistance and clarification for bid documents. Assist the LPA with coordination and scheduling during the bid process.

B. Provide documents for bidding and assist the LPA in solicitation of bids from as many qualified

bidders as possible, prepare addendums as necessary, attend bid opening to receive and evaluate bids, tabulate bids, and make a recommendation to the LPA for an award of contract.

10. QA/QC

Perform in-house peer and milestone reviews by senior staff during project initiation, conceptual review, preliminary, pre-final, and final submittals. Provide ongoing reviews of permitting and utility coordination efforts. Conduct milestone reviews of subconsultants and provide feedback throughout the progress of work.


- 5 -

11. MANAGE PROJECT

A. Plan, schedule, and control the activities that must be performed to complete the project including budget, schedule, and scope. Coordinate with Village and project team to ensure the goals of the project are achieved. Prepare and submit monthly invoices, coordinate invoices from sub-consultants, and provide regular updates to the Village.

B. Deliverables: The following is a list of anticipated final deliverables to the Village for this project:

Electronic DGN, Geopak, Digital Photos, and GIS files used in project development including Plan, Profiles, Cross Sections, Survey, and Exhibits. Baxter & Woodman utilizes an electronic filing system in lieu of hard copies.

\\BWCLFS\Prj$\PRKFT\150122-Shabbona PH I-II\Contracts\41-REBUILD Section Design\150122-41_Exhibit C Scope.docx

Local Public Agency County Section Number

Consultant (Firm) Name Prepared By Date

CONTRACT TERM 10 MONTHS OVERHEAD RATE 143.55%

START DATE 8/1/2021 COMPLEXITY FACTOR

RAISE DATE 1/1/2022 % OF RAISE 2.00%

END DATE 5/31/2022

Year First Date Last Date Months

% of

Contract

0 8/1/2021 1/1/2022 5 50.00%

1 1/2/2022 6/1/2022 5 51.00%

The total escalation = 1.00%

ESCALATION PER YEAR

PAYROLL ESCALATION TABLE

EXHIBIT E

COST ESTIMATE OF CONSULTANT SERVICES WORKSHEET

FIXED RAISE

Village of Park Forest Will 21-00107-00-RS

Baxter & Woodman Jonathan Miller, PE 7/13/2021

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BLR 05514 (Rev. 04/30/21)

Payroll Escalation

Local Public Agency County Section NumberVillage of Park Forest 21-00107-00-RS

MAXIMUM PAYROLL RATE 78.00

ESCALATION FACTOR 1.00%

IDOT

CLASSIFICATION PAYROLL RATES CALCULATED RATE

ON FILE

Vice President $70.13 $70.83

Engineer V $64.12 $64.76

Engineer IV $53.18 $53.71

Engineer III $43.90 $44.34

Engineer II $35.49 $35.84

Engineer I $30.60 $30.91

Environment Scientist V $55.19 $55.74

Environment Scientist IV $44.00 $44.44

Engineer Tech V $50.41 $50.91

Engineer Tech IV $42.64 $43.07

Engineer Tech III $36.01 $36.37

Engineer Tech II $28.43 $28.71

Engineer Tech I $22.25 $22.47

Admin Support IV $32.60 $32.93

Admin Support III $28.54 $28.83

Project Surveyor $35.27 $35.62

CADD Technician III $44.14 $44.58

CADD Technician II $37.75 $38.13

Exhibit E Cost Estimate of Consultant Services Worksheet Fixed Raise

PAYROLL RATES

Will


BLR 05514 (Rev. 04/30/21)

Payroll Rates

Local Public Agency County Section NumberVillage of Park Forest Will 21-00107-00-RS

NAME Direct Labor Total

Contribution to Prime

Consultant

Soil & Material Consultants, Inc. 1,710.00 171.00

Total 1,710.00 171.00

SUBCONSULTANTSExhibit E Cost Estimate of Consultant Services Worksheet Fixed Raise


BLR 05514 (Rev. 04/30/21)

Subconsultants


OVERHEAD RATE 143.55% 0

TASK STAFF HOURS PAYROLLOVERHEAD & FRINGE

BENEFITSDIRECT COSTS FIXED FEE

SERVICES BY

OTHERSTOTAL

% OF GRAND

TOTAL

EARLY COORD & DATA COLLECTION 42 1,571 2,255 518 4,344 5.52%

TOPOGRAPHIC SURVEY 90 3,715 5,333 325 1,226 10,599 13.48%

ENVIRONMENTAL COORD & PERMITTING 69 2,885 4,141 300 952 8,278 10.53%

PRELIM ENV SITE ASSESSMENT (PESA) 31 1,059 1,521 250 350 3,180 4.04%

PRELIMINARY SITE INVESTIGATION (PSI) 37 1,245 1,787 2,800 411 6,243 7.94%

MEETINGS 70 2,754 3,953 314 909 7,930 10.08%

GEOTECHNICAL INVESTIGATION 4 177 255 59 1,710 2,201 2.80%

PLAN PREPARATION 244 9,723 13,958 3,209 26,890 34.19%

BIDDING ASSISTANCE 20 924 1,327 305 2,556 3.25%

QA/QC 12 570 818 188 1,576 2.00%

MANAGE PROJECT 34 1,692 2,428 558 4,678 5.95%

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Subconsultant DL 171 171 0.22%

TOTALS 653 26,315 37,776 3,989 8,856 1,710 78,646 100.00%

64,091

COMPLEXITY FACTOR

Village of Park Forest Will 21-00107-00-RS


COST ESTIMATE WORKSHEET


BLR 05514 (Rev. 04/30/21)

Cost Estimate Worksheet


AVERAGE HOURLY PROJECT RATES

SHEET 1 OF 2

PAYROLL AVG TOTAL PROJ. RATES

HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd

CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg

Vice President 70.83 0.0

Engineer V 64.76 11.0 1.68% 1.09 2 4.76% 3.08

Engineer IV 53.71 68.0 10.41% 5.59 4 5.80% 3.11

Engineer III 44.34 144.0 22.05% 9.78 12 28.57% 12.67 4 4.44% 1.97 40 57.97% 25.70

Engineer II 35.84 75.0 11.49% 4.12 25 36.23% 12.99

Engineer I 30.91 138.0 21.13% 6.53 20 47.62% 14.72 26 83.87% 25.92 32 86.49% 26.73

Environment Scientist V 55.74 8.0 1.23% 0.68 4 12.90% 7.19 4 10.81% 6.03

Environment Scientist IV 44.44 0.0

Engineer Tech V 50.91 24.0 3.68% 1.87 24 26.67% 13.58

Engineer Tech IV 43.07 50.0 7.66% 3.30

Engineer Tech III 36.37 48.0 7.35% 2.67 8 19.05% 6.93

Engineer Tech II 28.71 0.0

Engineer Tech I 22.47 0.0

Admin Support IV 32.93 2.0 0.31% 0.10 1 3.23% 1.06 1 2.70% 0.89

Admin Support III 28.83 23.0 3.52% 1.02

Project Surveyor 35.62 50.0 7.66% 2.73 50 55.56% 19.79

CADD Technician III 44.58 12.0 1.84% 0.82 12 13.33% 5.94

CADD Technician II 38.13 0.0

0.0

0.0

0.0

0.0

0.0

0.0

0.0

0.0

0.0

TOTALS 653.0 100% $40.30 42.0 100.00% $37.40 90.0 100% $41.28 69.0 100% $41.80 31.0 100% $34.18 37.0 100% $33.65

Exhibit E Cost Estimate of Consultants Services Worksheet Fixed Raise

21-00107-00-RSWillVillage of Park Forest

EARLY COORD & DATA

COLLECTION TOPOGRAPHIC SURVEY

ENVIRONMENTAL COORD

& PERMITTING

PRELIM ENV SITE

ASSESSMENT (PESA)

PRELIMINARY SITE

INVESTIGATION (PSI)

Printed 7/29/2021 1:53 PM Page 5 of 11BLR 05514 (Rev. 04/30/21)

Avg Hourly 1


AVERAGE HOURLY PROJECT RATES

SHEET 2 OF 2

PAYROLL AVG

HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd

CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg

Vice President 70.83

Engineer V 64.76 5 7.14% 4.63 4 11.76% 7.62

Engineer IV 53.71 12 17.14% 9.21 24 9.84% 5.28 4 20.00% 10.74 4 33.33% 17.90 20 58.82% 31.60

Engineer III 44.34 4 100.00% 44.34 60 24.59% 10.90 16 80.00% 35.47 8 66.67% 29.56

Engineer II 35.84 20 28.57% 10.24 20 8.20% 2.94 10 29.41% 10.54

Engineer I 30.91 20 28.57% 8.83 40 16.39% 5.07

Environment Scientist V 55.74

Environment Scientist IV 44.44

Engineer Tech V 50.91

Engineer Tech IV 43.07 50 20.49% 8.83

Engineer Tech III 36.37 10 14.29% 5.20 30 12.30% 4.47

Engineer Tech II 28.71

Engineer Tech I 22.47

Admin Support IV 32.93

Admin Support III 28.83 3 4.29% 1.24 20 8.20% 2.36

Project Surveyor 35.62

CADD Technician III 44.58

CADD Technician II 38.13

TOTALS 70.0 100% $39.34 4.0 100% $44.34 244.0 100% $39.85 20.0 100% $46.21 12.0 100% $47.46 34.0 100% $49.76


Will 21-00107-00-RSVillage of Park Forest

MANAGE PROJECTMEETINGS

GEOTECHNICAL

INVESTIGATION PLAN PREPARATION BIDDING ASSISTANCE QA/QC

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Avg Hourly 2

8 W. COLLEGE DR. ● SUITE C ● ARLINGTON HEIGHTS, IL 60004

SOIL BORINGS ● SITE INVESTIGATIONS ● PAVEMENT INVESTIGATIONS ● GEOTECHNICAL ENGINEERING

TESTING OF ● SOIL ● ASPHALT ● CONCRETE ● MORTAR ● STEEL

July 14, 2021 Proposal No. 19,387 Mr. Jonathan Miller, P.E. Baxter & Woodman, Inc. 8678 Ridgefield Road Crystal Lake, IL 60012 Re: Pavement Investigation Shabbona Drive from Indianwood Blvd. to Blackhawk Dr. & Orchard Drive Park Forest, Illinois Dear Mr. Miller: Submitted for your consideration is our proposal to provide the requested pavement section investigation for the proposed improvements along Shabbona Drive from Indianwood Blvd.to Blackhawk Dr. and Orchard Drive in the Village of Park Forest, Illinois. Scope of the Investigation A total of 9 core locations will be established in the field. Existing pavement materials will be cored to determine material types and thicknesses. The core locations will alternate between left driving lane, right driving lane, left pavement edge, right pavement edge. Pavement materials will be returned to our laboratory for engineering review. The field investigation and laboratory testing will be completed under the direction of a Registered Professional Engineer. Preliminary information will be available upon request. Upon completion of the investigation we will prepare a summary core log for each location and submit the data in a summary letter. Charges Our unit charges and the estimated total cost for the investigation are indicated on the attached Schedule of Fees. This schedule also indicates the anticipated frequency as well as type of field and laboratory testing proposed for this investigation. Final billing will be based on actual services rendered at the indicated rates. Prior to commencement of work, we will furnish Baxter & Woodman, Inc. with a copy of our insurance certificate and endorsements naming Baxter & Woodman, Inc and the Village of Park Forest, as additional insured. The certificate of insurance will afford the additional insured with primary and non-contributory coverage with respect to commercial general liability insurance.

Proposal No. 19,387 Page 2 Re: Shabbona Drive from Indianwood Blvd. to Blackhawk Dr. & Orchard Drive Park Forest, Illinois Your consideration of this proposal is appreciated. The attached General Conditions are understood to be part of this proposal. If this proposal is acceptable, please execute and return one copy to our office. Should you have any questions concerning the scope of the investigation, please let us know. Very truly yours, SOIL AND MATERIAL CONSULTANTS, INC. Thomas P. Johnson, P.E. President TPJ:dd

Proposal Accepted By: Client ________________________________________________

Street ____________________________________________________________________

Town _______________________________________ State _____ Zip Code ___________

Phone ( ) ______________________ Fax ( ) __________________________

Signature ________________________________________ Position __________________

Printed Name _____________________________________ Date ____________________

Proposal No. 19,387 Page 3 Re: Shabbona Drive from Indianwood Blvd. to Blackhawk Dr. & Orchard Drive Park Forest, Illinois

SCHEDULE OF FEES -- PAVEMENT AND SUBSURFACE SOIL INVESTIGATION

Item Units Fee Estimated Cost FIELD Mobilization 1 ea. $ 300.00 ea. $ 300.00 Pavement Coring (9 locations)

9 ea. $ 110.00 ea. $ 990.00

REPORT

Senior Engineer (P.E.) 3 hr. $ 140.00 /hr. $ 420.00 __________ Estimated Total Cost: $ 1,710.00

Proposal No. 19,387 Page 4 Re: Shabbona Drive from Indianwood Blvd. to Blackhawk Dr. & Orchard Drive Park Forest, Illinois

TERMS AND CONDITIONS Soil and Material Consultants, Inc. (SMC) scope of work defined in the proposal was based on information provided by the client. If incomplete, inaccurate or if

unexpected site conditions are discovered, the scope of work may change. GEOTECHNICAL INVESTIGATIONS Client will furnish SMC with right-of-access to the site. SMC will take reasonable precautions to minimize site damage due to its operations, but has not included in the fee the cost of restoration of any resulting damage. SMC shall not be liable for damage or injury due to encountering subsurface structures (pipes, tanks, utilities or others) not called to SMC's attention in writing or are not correctly shown on the drawings furnished by client or client's representative. If the client desires, SMC will restore any damage to the site and add the cost of restoration to the fee. Field work, laboratory testing and engineering analysis will be performed in accordance with generally accepted soil and foundation engineering practices. Samples are retained in our laboratory for 30 days from date of report and then destroyed unless other disposition is requested. The data reported applies only to the soils sampled and the conditions encountered at each boring location. This does not imply or guarantee that soils between borings will be identical in character. Isolated inclusions of better or poorer soils can be found on any site. SMC will not be liable for extra work or other consequences due to changed conditions encountered between borings. Any exploration, testing and analysis associated with the investigation will be performed by SMC for the client's sole use to fulfill the purpose of this Agreement. SMC is not responsible for use or interpretation of the information by others. The client recognizes that subsurface conditions may vary from those encountered in borings or explorations. Information and recommendations developed by SMC are based solely on available information and for the currently proposed improvement.

TESTING SERVICES Client shall furnish SMC with at least one working day's notice on any part-time (less than 8 hours/day) job when field personnel are requested. SMC shall make reasonable effort to provide field personnel in a timely manner but reserves the right to schedule field personnel as deemed appropriate. Minimum charges will be billed when work cancellations are received after field personnel have left for the project site. SMC personnel will provide a professional service based on observations and testing of the work of a contractor, subcontractor, or other service/material provider, as specifically requested. SMC field personnel will look for general conformance with project specifications, plans and/or soil report but does not accept the responsibility to control or direct the work of others. Discrepancies noted by SMC office or field personnel will be referred to client or client's representative. Testing Services furnished by SMC are defined as the taking of soil and/or material tests at various locations and the making of visual observations relating to earthwork, foundations, and/or materials as specifically requested by the client and agreed to by SMC, and will be limited to those specifically agreed services. Such services will be performed by SMC using that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of the profession practicing in this or similar localities. Observations and testing of soils and/or materials by SMC in no way implies a guarantee or warranty of the work of the contractor, subcontractor, or other service/material provider. SMC's work or failure to perform same shall in no way excuse such contractor, subcontractor or other service/material provider from liability in the event of subsequently discovered defects, omissions, errors, deficiencies or failure to perform in accordance with the project plans and specifications. SMC field personnel shall not be responsible for superintendence of the construction process nor direction of the work of the contractor, subcontractor, or other service/material provider. SMC's work shall not include determining or implementing the means, methods, techniques, sequences or procedures of construction. SMC shall not be responsible for evaluating, reporting or affecting job conditions concerning health, safety or welfare.

Documents including but not limited to technical reports, original boring logs, field data, field notes, laboratory test data, calculations, reports of inspection and testing, geotechnical reports, technical reports, submittals and estimates furnished to the client or its agents pursuant to this agreement are not intended or represented to be suitable for reuse by the client or others on extensions of this project or on any other project. Any reuse without SMC's written consent will be at user's sole risk and without liability or legal exposure to SMC. User shall indemnify and hold harmless SMC from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. To the maximum extent permitted by law, the Client agrees to limit SMC liability for clients’ damages to $100,000 or the fee, whichever is lesser. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. Soil and Material Consultants, Inc. is a Professional Engineering Corporation. Engineering services are often completed by extension through technical staff. The unit rates presented in this proposal do not reflect charges associated with organized labor. Future agreements, if any, with organized labor will invalidate some of the unit rates presented. Required rate adjustments will be presented to the client for acceptance prior to providing services at the adjusted rates. Services are invoiced monthly for the preceding period. Client agrees to pay each invoice within thirty (30) days of receipt and further agrees to pay interest on all amounts not paid at the rate of 2.0% per month, an annual rate of 24%, from the due date. Client agrees to pay all reasonable costs of collection including staff time, court costs, Attorneys’ fees and related expenses, if this account becomes delinquent. Client agrees that reports furnished to the client but not paid for in full remain the sole property of SMC and will not be used for design, construction, permits, licensing, sales or other gain.

AGENDA BRIEFING

DATE: August 10, 2021 TO: Mayor Jon Vanderbilt Board of Trustees FROM: Christopher B. Mannino, Chief of Police RE: Acquisition of Two (2) 2022 Ford Utility SUV Police Interceptors BACKGROUND/DISCUSSION: The 2021/2022 Police Department budget (Vehicle Services Fund) includes $135,000.00 for the replacement of three police-use vehicles. The Police Department is seeking to purchase 2 of those police vehicles at this time. Attached is the price proposal from Morrow Brothers Ford in Greenfield, IL for two (2) 2022 Ford Utility Police Interceptors. Morrow Brothers Ford is the exclusive Ford Dealer for the State Joint Procurement Contract (“state bid”). The Suburban Purchasing Cooperative (SPC) has been the preferred method for acquiring police vehicles, but there is currently no contract for any police vehicles and no time frame has been established to begin a new contract. Due to delays that Ford has been experiencing, we do not anticipate receiving these vehicles until well into 2022, and awaiting a contract through SPC would further delay delivery. The amount to be approved is: Two (2) 2022 Ford Utility Police Interceptor Vehicles @ $35,605.00 Total $71,210.00

This price leaves funds for converting, upfitting and detailing the vehicle within the total budget. SCHEDULE FOR CONSIDERATION: This item will appear on the Agenda of the August 16, 2021 Regular Meeting for approval.

MEMORANDUM

DATE: August 10, 2021 TO: Mayor Vanderbilt Board of Trustees FROM: Carrie Malfeo, Sustainability Coordinator Alex Bazán, Greenest Region Corps Member

Hildy L. Kingma, AICP - Director of Economic Development and Planning

SUBJECT: Approval of a Solar Agreement with Balance Illinois I Solar, LLC, to Install a Solar Project to Offset Energy Usage of Water Treatment Plant

BACKGROUND/DISCUSSION

Village Staff, in accordance with Park Forest’s Climate Action and Resilience Plan (CARP), has been actively seeking new areas within the Village to reduce its energy consumption and the greenhouse gas emissions that result in climate change. Park Forest’s CARP, which was approved by the Village Board in February 2019, aims for a 26 percent reduction in greenhouse gas (GHG) emissions over the baseline year (2010) by 2025, which is consistent with the Paris Climate Agreement. Park Forest has a history of promoting sustainable living and development, and CARP is evidence of the Village doing its part on the world stage to address climate change. In Park Forest’s 2018 greenhouse gas inventory, Village staff found the water treatment facility uses the most energy, and as a result contributes the most emissions, compared to all other Village-owned facilities in Park Forest. Although recent upgrades to the water treatment plant have reduced its energy consumption, it remains the Village’s most energy consuming facility. In 2019 Village Staff explored additional ways the water treatment plant can further reduce its energy demand, and determined that incorporating solar at this facility is an excellent next step for two main reasons:

Solar generation provides energy independence and insulation from utility cost increases Federal, State, and utility incentives allow for a greatly reduced payback period

As part of Staff’s initial due diligence on this project, proposals for installation of solar panels to serve the water treatment plant were originally received from three companies: Clean Energy Design Group (CEDG), SunBadger, and YellowLite. After presenting this proposal to the Board in February 2021, a fourth proposal was submitted from SunPeak. Among the four proposals, the company that stands out by far in terms of reputation, expertise, product quality, cost, and savings is YellowLite. A comparison of all four proposals is attached. This memo will describe the YellowLite proposal and the recommended path to installation. YellowLite was established in 2009 and is one of the Midwest’s largest solar design and installation firms. They have installed over 1,200 residential and commercial systems that collectively produce more than 10 MegaWatts of electricity. They have previously installed solar systems for water treatment and wastewater treatment plants in Washington Court House, OH, Xenia, OH, and Newark, OH. YellowLite’s proposal to the Village will offset 45 percent of the water treatment plant’s energy use through the placement of solar arrays on the facility’s rooftop and the open field to the west of the plant. This land was obtained in 2008 through the Cook County No Cash Bid process solely for the purpose of serving future needs at the water treatment plant. Another major advantage that YellowLite

adds to this project is their partnership with Balance Solar, which will assist with financing the project so the Village’s expenses are reduced. This is explained in more detail below in the section entitled “Paying for the System”. The solar system will be supplementary to the water treatment plant, and the YellowLite team has assured Staff that variations in electricity generation from the solar arrays will not impact the operations of the water treatment plant. Currently, the high service pumps at the water treatment plant are hydraulically connected to the distribution system, and even the smallest break in power has the potential to cause water main breaks. YellowLite has stated that the new solar array will not create these disruptions in power, as electricity from the solar plant will flow freely into the electricity grid, and the water treatment plant will draw electricity from the solar arrays when it is producing energy. The planned replacement of the water tank with a new water tower at the site will break the hydraulic connection and likely eliminate this concern. The Sustainability Coordinator has reached out to her counterparts around the country to identify other communities that have installed solar systems on their water and/or wastewater treatment plants. Colleagues in California, Georgia, Tennessee, and New Hampshire have all responded. Staff will coordinate a virtual meeting with Water Treatment Plant and Public Works Staff to learn any possible lessons for ensuring a smooth integration of solar to the water treatment plant. Structural Enginuity, third party, has completed a structural analysis of the water treatment plant’s roof and has determined that it is capable of supporting a solar array. The Village Engineer and Assistant Village Engineer reviewed the structural analysis and concur with its conclusions. Paying for the System

To purchase outright, the cost of the system is $940,410. If the Village moves forward with YellowLite as the construction partner for the project, Balance Solar will be the Village’s financing partner and silent owner of the facility for the first 6.5 years. As a private entity, Balance Solar can take advantage of $141,061 in Federal tax incentives, making the Village’s initial cost $799,349. Yellowlite will immediately apply for a ComEd rebate on the Village’s behalf. This rebate is estimated to be worth $123,000, and is projected to be paid out to Park Forest in three to six months after the system is energized. This lowers the actual cost to the Village to $676,349. Balance Solar will continue as a silent partner with the Village for 6.5 years so they can take the Federal tax incentives and pass those savings onto the Village. During this time, they will be responsible for operational expenses and maintenance on the system and reimbursement of insurance costs. Based on the $676,349 net cost and the savings in electricity costs (estimated at $56,458 in savings in the first year), the projected payback period for the project is 10.9 years. Note that these costs and the payback period are slightly increased from the February presentation because the construction cost has been revised to reflect prevailing wages and increased material costs. Following is a summary of these costs:

Total cost of the system $940,410 Actual initial cost after Federal tax incentives ($141,061) $799,349 Final cost after ComEd rebate ($123,000) $676,349 Payback period 10.9 years Finance Director Mark Pries has recommended that the Water Fund is the appropriate source of funding for the solar project. The cost of the project after rebates and incentives ($676,349) represents 14 percent of the Water Fund. According to the Finance Director, this cost would not put at risk the

services the water treatment plant provides to its residents provided the water rate increase schedule adopted by the Board in 2018 continues to be followed. Note that Village Staff is proposing this project based on the costs noted above (net total cost of $676,349), but there may be an opportunity to monetize the renewable energy credits (RECs) that will result from the power generated by the solar power system proposed. The Adjustable Block Grant is a State of Illinois incentive. Due to its popularity, the program met capacity for the existing incentives, and is currently before the Illinois State Legislature for renewal. If the Adjustable Block Grant is renewed (and there are no guarantees at this point), the Village and Balance Solar will work together to apply for this program. The Adjustable Block Grant program could potentially fund approximately one-half of the Village’s costs over a five- to 15-year period. The exact amount will be determined by the price per REC that the legislation determines the State will pay. If the market holds true from last year, the selling of all RECs could generate approximately $340,200. The Village could have the option of selling all or a portion of its RECs for a 15-year period, thereby allowing the State to claim the GHG reduction, not the Village. Note that after the initial 6.5 year period, when Balance Solar owns the solar array as the Village’s silent partner, the Village will buyout the contract for $1.00. At that point forward, the Village will be responsible for maintenance and insurance. Maintenance is expected to be minimal through year 20, after which the inverters (converts the power to be usable at the Water Treatment Plant) typically would need to be replaced at an estimated cost (today) of $54,043 total. In addition, the Village’s insurance carrier, IRMA, has confirmed that this equipment would be covered by the Village’s standard insurance. During the first 6.5 years, Balance Solar will reimburse the Village for any increase in insurance coverage that results from the addition of this facility. Conclusion This project provides opportunities to save money, reduce local pollution, address climate change, and improve quality of life for Park Forest residents. It is also consistent with the goals of the Growing

Green: Park Forest Sustainability Plan and the Climate Action and Resilience Plan. The benefit of this project over a 25-year period can be described in several ways.

$1,839,373 in energy bill savings 25,491,536 pounds of CO2 emissions kept out of the atmosphere Environmental equivalent of taking 134.6 cars off the road or driving 41,477,271 fewer miles Environmental equivalent of planting 218.4 acres of trees

Given the uniqueness of this project, and the fact that four proposals were obtained to begin the process of exploring this project, Village Staff does not believe a formal bid process should be required. This project requires a unique level of expertise in terms of understanding solar installation, financing, and the solar market at the federal, state, and utility level. Staff is seeking approval from the Board for the attached agreement with Balance Solar to proceed with the installation of the project, with YellowLite as the construction partner. The Village’s Attorney has reviewed and approved the agreement. SCHEDULE FOR CONSIDERATION: This item will appear on the agenda of the Board Regular meeting of August 16, 2021 for approval.

Contract ID: 1104 08/16/2021

FORM REF: Balance Solar IL PPA (Aug 2019)

Prepaid Solar Agreement

Property owner: Village of Park Forest

Address:

100 Park Street, Park Forest, IL 60466

Installation Location: 100 Park Street, Park Forest, IL 60466

Terms

$ 940,410

$ 799,349

15% Total Cost Discount

6.5 Years System Installation Cost Your Prepaid Payment Initial Term of Agreement

Our Promises (As specified in the agreement)

Your Options (As specified in the agreement)

Insurance, repair and maintenance of the

System (including the inverter) is included at

no cost to you (see Section 4).

If you move, you may (i) transfer this agreement

to the new Property buyer (subject to credit

approval).

Web-enabled monitoring will be available at no additional cost to you.

Contract ID: 1104

FORM REF: Balance Solar IL (Aug 2019) Page 2

Balance Solar, LLC | P.O.Box 49 Lincolnshire, IL 60069 | PH: (847) 250-1162

1. Introduction This Solar Agreement (this “Agreement”) is the agreement between “you” (which includes Property owner and any Co-Owner listed above, together, successors and permitted assigns) and Balance Illinois I Solar, LLC (together with its successors and assigns, “Solar Provider” or “we”), to install the 491 kW rooftop and ground mount solar panel system (the “System”) described below. The System will be installed at the installation location address listed above by an installation contractor (the “Installer”) (or its subcontractors or agents) according to an installation agreement between Solar Provider and Installer (the “Installation Agreement”). You are responsible for providing the Solar Provider $799,349, which represents the value of power generated by the system over the term of the agreement. Solar provider will cover the rest of the of the system cost. This Agreement will not be effective unless and until it is signed by you, Solar Provider, and the Installer. This Agreement will refer to the installation location address you listed above as the “Property”. This Agreement is up to [fifteen (15)] pages long and has up to two (2) Exhibits depending on the state where you live. Solar Provider provides you with a Limited Warranty (the “Limited Warranty”). The Limited Warranty is attached as Exhibit 2. This is a legally binding agreement, so please read everything carefully including all of the exhibits. You also represent that you are the owner of your Property and, if there are any other owners, each owner of the Property has co-signed this Agreement or you are signing on all other owners’ behalf. If you have any questions regarding this Agreement, please ask the sales consultant who has provided this Agreement.

2. Term Solar Provider agrees to sell you all of the power produced by the System for 6.5 years (78 months) for a prepaid fee of $799,349. Solar Provider will maintain ownership of the System for 6.5 years (78 full calendar months). We refer to this period of time as the “Term.” The Term begins on the In-Service Date. The “In-Service Date” is the first day after all of the following have been achieved: (i) the System is installed and is capable of generating Power, (ii) the System has been interconnected with the local utility’s electric grid, and (iii) all inspections, permits, back-up documentation, and certificates required under applicable law or by the local utility (e.g. “permission to operate”) have been provided to Solar Provider. Solar Provider or the Installer will notify you by email or mail when your System is ready to be turned on.

3. System Description

The System shall include the photovoltaic modules, the inverter, mounting system, monitoring system, electric meter and other related equipment; all as depicted on the Yellowlite as-built plans construction plans submitted to the Village at the completion of the project.

4. Additional Obligations (a) System Construction. The System will be installed at the Property by the Installer pursuant to the Installation Agreement. (b) Repair, Insurance and Solar Provider’s obligations. Solar Provider agrees to ensure that the System will be repaired pursuant to the Limited Warranty by service providers licensed according to applicable law, and reasonably cooperate with you when arranging repairs. (c) Property Renovations or Repairs. If you want to make any repairs or improvements to the Property that could interfere with the System (such as repairing the roof/ground where the System is located), you may only remove and replace the System pursuant to the Limited Warranty, once during the term for a 30-day period at your written request, this will be defined as the Roof/Ground Repair Holiday. To request a Roof/ground Repair Holiday, send Solar Provider a written notice as required under the Limited Warranty. (d) System and Property Maintenance. You agree to: (i) only have the System repaired pursuant to the Limited Warranty and reasonably cooperate when repairs are being made; (ii) not do anything to the System that invalidates or voids the Limited Warranty; (iii) be responsible for any conditions at your Property that affect the installation (e.g. blocking access to the roof or removing a tree that is in the way); (iv) not remove any markings or identification tags on the System; (v) permit a service provider retained by Solar Provider, after we give you reasonable notice, to inspect the System for proper operation as we reasonably determine necessary; (vi) use the System primarily for personal, family or business purposes; (vii) not do anything, permit or allow to exist any condition or circumstance that would cause the System not to operate as intended at the Property; (viii) notify Solar Provider promptly if you think the System is damaged or appears unsafe; if the System is stolen; and prior to changing your utility provider; (ix) have anyone who has an ownership interest in your Property sign this Agreement or have this Agreement signed on any such person’s behalf; (x) return any documents we send you for signature (like incentive claim forms) within seven (7) days of receiving them; (xi) maintain and make available, to the extent necessary to transmit data for monitoring the System, at your cost, a functioning indoor Internet connection with one available wired Ethernet port and standard AC power outlet within eighty (80) feet of the System’s AC/DC inverter(s). See Section 2(c) of the Limited Warranty for details. If Solar Provider's agents use Your Internet connection to transmit System performance data, in doing so, they may have access to your personal information. Solar Provider will take reasonable efforts to protect your privacy, but you agree that Solar Provider and its agents may use your personal information as allowed by law; (xii) authorize us to access your consumer credit report(s) and credit scores and make inquiries concerning your credit history and standing from time to time. We may report information about your performance under this Agreement to consumer reporting agencies and may disclose any information obtained pursuant to this Section 5(d)(xiii) to our affiliates, our actual and prospective financing partners, investors, insurers and acquirers of all or a portion of our business or assets for the purpose of evaluating your creditworthiness; and (xiv) authorize us and the Installer to take photographs of the System for verification and other related purposes.

Contract ID: 1104


(f) Insurance. You shall insure the System against all damage or loss unless (i) that damage or loss is caused by your gross negligence; or (ii) you intentionally damage the System. You are required to add the System to your insurance policy and name Solar Provider as the beneficiary. Solar Provider is responsible for reimbursing you for any increase in insurance expenses. You will be responsible for providing a copy of your insurance policy to Solar Provider annually. Upon damage or destruction to the System, you will not be entitled to receive or retain any insurance proceeds. (g) Estimated Taxes. The Solar Provider has no responsibility to you for any increased real property taxes you may be subject to as a result of the installation of the System. If this Agreement contains a purchase option, you agree to pay any applicable tax on the purchase price for the System. You also agree to pay any applicable personal property taxes on the System that your local jurisdiction may levy. These may or may not be invoiced. (h) No Alterations. You agree that you will not make any modifications, improvements, revisions or additions to the System or take any other action that could void the Limited Warranty on the System without Solar Provider’s prior written consent. If you make any modifications, improvements, revisions or additions to the System, they will become part of the System and shall be Solar Provider’s property. (i) Access to the System.

(i) You grant to Solar Provider and its employees, agents, service providers and contractors the right to reasonably access all of the Property as necessary for the purposes of (A) operating, owning, repairing, removing and replacing the System or making any additions to the System or installing complementary technologies on or about the location of the System; (B) enforcing Solar Provider’s rights as to this Agreement and the System; (C) using and maintaining electric lines, inverters and meters, necessary to interconnect the System to your electric system at the Property and/or to the utility’s electric distribution system; or (D) taking any other action necessary in connection with the operation, maintenance, removal or repair of the System. Solar Provider shall provide you with reasonable notice of its need to access the Property whenever commercially reasonable. (ii) During the time that Solar Provider has access rights you shall ensure that its access rights are preserved and shall not interfere with or permit any third party to interfere with such rights or access. You agree that the System is the personal property of the Solar Provider and not a fixture, but Solar Provider has the right to file any UCC-1 financing statement or fixture filing that confirms its interest in the System. Solar Provider may file any other notices permitted or required by law with respect to the System. Solar Provider may assign such filings and any assignee may also file UCC-1 financing statements and/or real property fixture filings related to the System. In property sale situations, or if you are attempting to re-finance your mortgage, your mortgage provider or lender may require the UCC-1 financing statement or fixture filing to be temporarily removed. If this occurs, you agree to pay for any associated costs (estimated to be $250 as of the date this Agreement was issued; amount subject to change).

(j) Indemnity. To the fullest extent permitted by law, you shall indemnify, defend, protect, save and hold harmless Solar Provider, its employees, officers, directors, agents, financing partners, successors and assigns from any and all third party claims, actions, costs, expenses (including reasonable attorneys’ fees and expenses), damages, liabilities, penalties, losses, obligations, injuries, demands and liens of any kind or nature arising out of, connected with, relating to or resulting from (i) your negligence or willful misconduct or (ii) your failure to comply with any of the terms of this Agreement; provided, that nothing herein shall require you to indemnify Solar Provider for its own gross negligence or willful misconduct. The provisions of this paragraph shall survive termination or expiration of this Agreement. (l) Credit Check. Solar Provider may have prescreened your credit. Prescreening of credit does not impact your credit score. You can choose to stop receiving “prescreened” offers of credit from this and other companies by calling toll-free, 1-888-OPTOUT (1-888-567-8688).

5. Conditions Prior To Installation Of The System (a) Amendments. Solar Provider may terminate this Agreement if, in our reasonable judgment, the installation of the System will not occur within 150 days of the date of this Agreement being fully executed by all parties for reasons beyond our reasonable control. You authorize Solar Provider to make corrections to the utility paperwork to conform to this Agreement or any amendments to this Agreement we both sign.

6. Warranty YOU UNDERSTAND AND AGREE THAT THE SYSTEM IS WARRANTED UNDER THE LIMITED LIABILITY WARRANTY ATTACHED AS EXHIBIT 2. YOU HEREBY TRANSFER TO SOLAR PROVIDER THE WARRANTY PROVIDED BY INSTALLER IN ITS CONTRACT WITH YOU, IF PERMITTED. FURTHER, YOU HEREBY TRANSFER TO SOLAR PROVIDER AND SOLAR PROVIDER AGREES TO BE BOUND BY THE TERMS OF THE WARRANTIES FROM THE SYSTEM COMPONENTS MANUFACTURERS. UPON THE EVENT IN SECTION 9 BELOW, SOLAR PROVIDER HEREBY TRANSFERS BACK TO YOU THE INSTALLER AND MANUFACTURERS WARRANTIES REFERENCED ABOVE.

7. Transfer Of System If Dissolution of LLC We shall transfer the System to you prior to the initiation of the process of dissolution of the Limited Liability Company (LLC) of Solar Provider.

8. Ownership Of The System; Tax Credits

Contract ID: 1104


You agree that the System is Solar Provider’s personal property under the Uniform Commercial Code. You understand and agree that this is not a contract to sell or lease the System to you, except as provided in Section 9 below. Solar Provider owns the System for all purposes, including any data generated from the System. You shall at all times keep the System free and clear of all liens, claims, levies and legal processes not created by Solar Provider, and shall at your expense protect and defend Solar Provider against the same. You will retain a security interest in the System. YOU UNDERSTAND AND AGREE THAT ANY AND ALL FEDERAL TAX CREDITS ASSOCIATED WITH THE SYSTEM, ARE THE PROPERTY OF AND FOR THE BENEFIT OF SOLAR PROVIDER, USABLE AT ITS SOLE DISCRETION. SOLAR PROVIDER SHALL HAVE THE EXCLUSIVE RIGHT TO ENJOY AND USE ALL SUCH BENEFITS, WHETHER SUCH BENEFITS EXIST NOW OR IN THE FUTURE. YOU AGREE TO REASONABLY COOPERATE WITH SOLAR PROVIDER SO THAT IT MAY CLAIM ANY FEDERAL TAX CREDITS. THIS MAY INCLUDE, TO THE EXTENT ALLOWABLE BY LAW, ENTERING INTO NET METERING AGREEMENTS, INTERCONNECTION AGREEMENTS, APPLICATIONS FOR REBATES FROM THE FEDERAL, STATE OR LOCAL GOVERNMENT OR A LOCAL UTILITY AND GIVING THESE TAX CREDITS. YOU DO NOT REPRESENT OR WARRANT THAT WE WILL BE ABLE TO CLAIM ANY FEDERAL TAX CREDITS OR IF AVAILABLE, THE AMOUNT OF ANY SUCH FEDERAL TAX CREDITS. THE DISCOUNT PROVIDED TO YOU IN SECTION 1 IS NOT CONTINGENT ON OUR ABILITY TO CLAIM ANY FEDERAL TAX CREDITS OR A CERTAIN AMOUNT OF FEDERAL TAX CREDITS, AND WE WILL NOT REVERSE SUCH DISCOUNT FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, ANY BREACH OF THIS AGREEMENT.

9. End Of Term Requirements System Purchase - Solar Provider is required to sell you the system at fair market value at the end of the Term.

10. Selling Your Property (a) If you sell your Property, you can:

(i) Transfer this Agreement. If the person buying your Property meets Solar Provider’s credit requirements, and where permitted by the local utility, the person buying your Property can sign a transfer agreement assuming all of your rights and obligations under this Agreement.

(ii) Approved Financing Transfer Fee. If the person(s) buying your property applies to transfer the Agreement as detailed in option (i) and does not meet Solar Provider’s credit requirements, but provides proof that they have qualified for a mortgage loan to finance the purchase of your Property, then you or the person(s) buying your property may pay a $250 fee in order to be eligible to transfer this Agreement.

(b) You agree to give Solar Provider at least fifteen (15) days but not more than three (3) months’ prior written notice if you want someone to assume your obligations under this Agreement. In connection with this assumption, you, your approved buyer and Solar Provider shall execute a written transfer of this Agreement. Unless we have released you from your obligations in writing, you are still responsible for performing under this Agreement. If your buyer defaults on the obligations in this Agreement and we have not yet signed the transfer agreement, you will be responsible for their default. We will release you from your obligations under this Agreement in writing once we have a signed transfer agreement with the person buying your Property (provided such person has been approved as a transferee by Solar Provider in writing). (c) If you sell your Property and can’t comply with any of the options in subsection (a) above, you will be in default under this Agreement. Section 12(a) includes a Property sale by your estate or heirs. (d) Solar Provider will not prohibit the sale, conveyance or refinancing of the Property. In connection with the sale or refinancing of your Property, you may require us to temporarily remove the fixture filing, if applicable, at your cost and with your written request. Solar Provider will thereby remove the fixture filing and re-file the fixture filing following the closing of the sale or refinancing, each at your cost. Solar Provider shall explain the fixture filing to any subsequent purchasers of the Property and any related lenders as requested by you. Solar Provider shall also accommodate reasonable requests from lenders or title companies to facilitate a purchase, financing or refinancing of the Property. In the event of a foreclosure on the Property, your lender has the right (but not the obligation) to take ONE of the following actions upon reasonable notice to Solar Provider: (i) terminate the Agreement and require that Solar Provider remove the System (in which case Solar Provider shall remove the System consistent with Section 4 of the Limited Warranty); (ii) require transfer of the Agreement under Section 12 to a subsequent purchaser of the Property. (e) EXCEPT AS SET FORTH IN THIS SECTION, YOU WILL NOT LEASE, SUBLEASE, ASSIGN, SELL, PLEDGE OR IN ANY OTHER WAY TRANSFER YOUR INTEREST IN THE SYSTEM OR THIS AGREEMENT WITHOUT OUR PRIOR WRITTEN CONSENT.

11. Loss Or Damage (a) You will be responsible for loss and damage to the System caused by you or anyone you invite onto the Property, regardless of whether or not you or your invitee act intentionally. Solar Provider will otherwise bear the risk of loss, damage, theft, destruction or similar occurrence to any or all of the System. Except as expressly provided in this Agreement, no loss, damage, theft or destruction will excuse you from your obligations under this Agreement.

Contract ID: 1104


(b) If there is loss, damage, theft, destruction or a similar occurrence affecting the System, and you are not in default of this Agreement, you agree to cooperate with Solar Provider, at Solar Provider’s sole cost and expense, to have the System repaired or replaced pursuant to the Limited Warranty. In cases where we bear the risk of loss, our sole obligation to you will be to arrange to repair or replace the System to the extent required by the Limited Warranty. In the event that your Property is damaged by faulty installation, malfunction, or other manufacturing defects, the Solar Provider will cover the damages through a general liability insurance policy, in accordance with the Limited Warranty.

12. Limitation Of Liability (a) No Consequential Damages. SOLAR PROVIDER’S LIABILITY TO YOU UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT, ACTUAL DAMAGES ONLY. YOU AGREE THAT IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES. (b) Actual Damages. Except for claims under Section 4(j), neither party’s liability to the other will exceed an amount equal to the maximum amount that could be payable by you under Section 15(i). Damages to your Property, belongings or property resulting from the installation or operation of the System are covered in Section 6(c) of the Limited Warranty.

13. Default You or we will be in default under this Agreement if any one of the following occurs: (a) you or we fail to perform any material obligation that has been undertaken in this Agreement (which includes doing something you or we have agreed not to do, like alter the System) and such failure continues for a period of fourteen (14) days after written notice; (b) you or we have provided any false or misleading financial or other information to obtain this Agreement; (c) you or we assign, transfer, encumber, sublet or sell this Agreement or any part of the System without your or Solar Provider’s prior written consent; or (d) you or we make an assignment for the benefit of creditors, admit in writing insolvency, file or have filed a voluntary petition in bankruptcy, are adjudicated bankrupt or insolvent or undertake or experience any substantially similar activity. (e) Solar Provider will be in default if we fail to provide insurance and maintenance of the system during the Term.

14. Remedies In Case Of Default If this Agreement is in default, you or we may take any one or more of the following actions. If the law requires you or Solar Provider to do so, you or Solar Provider will give notice and wait any period of time required before taking any of these actions. You or Solar Provider may: (a) terminate this Agreement; (b) suspend performance under this Agreement; (c) take any reasonable action to correct default of you or Solar Provider or to prevent loss; any amount you or we pay will be added to the amount you or we owe and will be immediately due; (d) require , at the defaulters expense, to return the System or make it available in a reasonable manner; (e) proceed, by applicable law or arbitration, to enforce performance of this Agreement and to recover damages for breach from you or Solar Provider; (f) turn off or take back the System by legal process or self-help, but you or we may not disturb the peace or violate the law; (g) report such non-operational status of the System to your utility, informing them that you are no longer net metering; (h) charge you or Solar Provider a reasonable reconnection fee for reconnecting the System to your utility or turning your System back on after disconnected or turn off the System due to default by your or Solar Provider; (i) use any other remedy available in this Agreement or by law; (j) sell the electricity generated by the Solar System to a third party; or (k) engage a third-party collections agency that may report delinquency to credit reporting agencies. Defaulter agrees to repay for any reasonable amounts paid to correct or cover default. Defaulter agrees to reimburse any costs and expenses incurred relating to the System’s return resulting from early termination. By choosing any one or more of these remedies, you or Solar Provider does not give up its right to use another remedy. By deciding not to use any remedy should this Agreement be in default, you or Solar Provider does not give up its right to use that remedy in case of a subsequent default.

15. Applicable Law; Arbitration Choice of Law: This Agreement, and any claims, matters or obligations arising out of or related to this Agreement or any services provided to the Client, including, but not limited to, claims arising in contract, tort, fraud, under statute or otherwise, shall be governed by and construed in accordance with the laws of the State of Illinois as if this Agreement was entered into, and was to be entirely performed within, the State of Illinois without giving any effect to any contrary choice of law or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

PLEASE READ THIS SECTION CAREFULLY. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. The laws of the state where your Property is located shall govern this Agreement without giving effect to conflict or choice of laws principles. You and We agree that any dispute, claim, controversy or disagreement between us arising out of or relating to this Agreement or the breach, termination,

Contract ID: 1104


enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate (a “Dispute”) shall be resolved exclusively by arbitration. The arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “Rules”) by a single neutral, independent and impartial arbitrator. If the arbitrator is not agreed on by the parties within thirty (30) days of the commencement of the arbitration, JAMS shall appoint the arbitrator in accordance with its rules. Judgment on any award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration will be governed by the Federal Arbitration Act (Title 9 of the U.S. Code). Either party may initiate the arbitration process by filing the necessary forms with JAMS. To learn more about arbitration, you can call any JAMS office or review the materials at www.jamsadr.com. Any arbitration hearing shall be held in a location convenient to your Property as agreed upon by the parties or determined by the arbitrator if no agreement can be reached. If you initiate the arbitration, you will pay all of the filing fees and all of the arbitration fees and costs. If we initiate the arbitration, we will pay all of the filing fees and all of the arbitration fees and costs. We will each bear all of our own attorney’s fees and costs except that you are entitled to recover your attorney’s fees and costs if you prevail in the arbitration and the award you receive from the arbitrator is higher than Solar Provider’s last written settlement offer. When determining whether your award is higher than Solar Provider’s last written settlement offer your attorney’s fees and costs will not be included. Only Disputes involving you and Solar Provider may be addressed in the arbitration. Disputes must be brought in the name of an individual person or entity and must proceed on an individual (non-class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party. If either of us arbitrates a Dispute, neither of us, nor any other person, may pursue the Dispute in arbitration as a class action, class arbitration, private attorney general action or other representative action, nor may any such Dispute be pursued on your or our behalf in any litigation in any court. Claims regarding any Dispute and remedies sought as part of a class action, class arbitration, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis. This means that the arbitration may not address disputes involving other persons with disputes similar to the Disputes between you and Solar Provider. The arbitrator shall have the authority to award any legal or equitable remedy or relief that a court could order or grant under this agreement. The arbitrator, however, is not authorized to change or alter the terms of this agreement or to make any award that would extend to any transaction other than yours. In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages or any incidental, indirect or consequential damages, and the parties waive any right to recover any such damages. All statutes of limitations that are applicable to any dispute shall apply to any arbitration between us. The arbitrator will issue a decision or award in writing, briefly stating the essential findings of fact and conclusions of law. BECAUSE YOU AND WE HAVE AGREED TO ARBITRATE ALL DISPUTES, NEITHER OF US WILL HAVE THE RIGHT TO LITIGATE THAT DISPUTE IN COURT, OR TO HAVE A JURY TRIAL ON THAT DISPUTE, OR ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS PERTAINING TO ANY DISPUTE (AS DEFINED ABOVE). THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING ON THE PARTIES AND MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION, EXCEPT TO THE EXTENT IT IS SUBJECT TO REVIEW IN ACCORDANCE WITH APPLICABLE LAW GOVERNING ARBITRATION AWARDS. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

16. Waiver Any delay or failure of a party to enforce any of the provisions of this Agreement, including but not limited to any remedies listed in this Agreement, or to require performance by the other party of any of the provisions of this Agreement, shall not be construed to (a) be a waiver of such provisions or a party’s right to enforce that provision; or (b) affect the validity of this Agreement.

17. Notices

All notices under this Agreement shall be in writing and shall be by personal delivery, facsimile transmission, electronic mail, overnight courier, or certified, or registered mail, return receipt requested, and deemed received upon personal delivery, acknowledgment of receipt of electronic transmission, the promised delivery date after deposit with overnight courier, or five (5) days after deposit in the mail. Notices shall be sent to the person identified in this Agreement at the addresses set forth in this Agreement or such other address as either party may specify in writing. Each party shall deem a document faxed or sent via PDF as an original document.

18. Counterparts This Agreement may be executed in multiple counterparts, including both counterparts that are executed on paper and counterparts that are electronic records and executed electronically, and each such executed counterpart (and any copy of an executed counterpart that is an electronic record) shall be deemed an original of this Agreement.

19. Amendments

Contract ID: 1104


This Agreement may only be amended by a writing signed by the parties hereto, or by an electronic record that has been electronically signed by the parties hereto and has been rendered tamper-evident as part of the signing process. The exchange of email or other electronic communications discussing an amendment to this Agreement, even if such communications are signed, does not constitute a signed electronic record agreeing to such an amendment.

20. Use Of Electronic Records And Signatures

You will be provided a copy of this Agreement at the time of its execution by both parties. Electronic records and signatures may be used in connection with the execution of this Agreement. Each electronic counterpart and electronic copy of this Agreement is just as legally valid and enforceable as if it was a counterpart executed on paper using a handwritten signature. At the Solar Provider’s discretion, the authoritative electronic copy of this Agreement ("Authoritative Copy") may be converted to paper and marked as the original by the Solar Provider (the "Paper Original"). Unless and until the Solar Provider creates a Paper Original, the Authoritative Copy of this Agreement: (1) shall at all times reside in a document management system designated by the Solar Provider for the storage of authoritative copies of electronic records, and (2) is held in the ordinary course of business. In the event the Authoritative Copy is converted to a Paper Original, the parties hereto acknowledge and agree that: (a) the electronic signing of this Agreement also constitutes issuance and delivery of the Paper Original, (b) the electronic signature(s) associated with this Agreement, when affixed to the Paper Original, constitutes legally valid and binding signatures on the Paper Original, and (c) your and our respective obligations will be evidenced by the Paper Original after such conversion.

21. Power Purchase Agreement Payments; Amounts

(a) Power Price. Solar Provider agrees to sell you all of the power produced by the System for 6.5 years (78 months) for a prepaid fee of $799,349. A disclosure of the projected power production of your System (the “Estimated Production Disclosure”) will be provided to you once an assessment of the proposed system location has been made. If you are not satisfied with the projected power production for the System set forth on the Estimated Production Disclosure, you may cancel this Agreement within three (3) business days after you are provided with such Estimated Production Disclosure by sending us written notice as set forth in Section 20 or by using the cancellation notice attached as Exhibit 1. (c) Additional Power. During the Term of this Agreement, you should expect to purchase additional power from your local utility from time to time. Solar Provider will not be in default of this Agreement and will not be responsible for any additional power purchased by you to augment the Power produced by the System. (d) Metering. We will install, at no cost to you, a performance meter to measure the Power output at the interconnection point with the local utility company (“Point of Delivery”). We will collect performance meter data remotely or use our personnel to collect the information and will make the data available to you upon request. You agree to allow our personnel access to your Property to collect such information. You agree not to tamper with, damage or modify the meter in any way. You will be responsible for any damage or inaccuracies in the meter that are caused by you or any other person unrelated to Solar Provider.

22. Entire Agreement This Agreement contains the parties’ entire agreement regarding the purchase of power produced by the System. There are no other agreements regarding this Agreement, either written or oral. If any portion of this Agreement is determined to be unenforceable, the remaining provisions shall be enforced in accordance with their terms or shall be interpreted or re-written so as to make them enforceable. [SIGNATURE PAGE FOLLOWS]

Contract ID: 1104


23. Notice Of Right To Cancel YOU MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE YOU SIGN THIS AGREEMENT. SEE EXHIBIT 1, THE ATTACHED NOTICE OF CANCELLATION FORM, FOR AN EXPLANATION OF THIS RIGHT. I have read this Agreement and the Exhibits in their entirety and I acknowledge that I have received a complete copy of this Agreement. Property owner’s Name: Village of Park Forest Co-Owner’s Name (if any):

Signature: ____________________________

Date: ________________________________

Name: _______________________________

Title: _________________________________

Signature: ____________________________

Date: ________________________________

Name: _______________________________

Title: _________________________________

Email: ________________________________

Email: ________________________________

Solar Provider: Balance Illinois I Solar, LLC By [Service Provider], its authorized agent Signature: ____________________________

Date: ________________________________

Name: _______________________________

Title: _________________________________

Email: ________________________________

Contract ID: 1104


EXHIBIT 1 (SOLAR PROVIDER COPY) NOTICE OF CANCELLATION

STATUTORILY-REQUIRED LANGUAGE

Notice of Cancellation Date of Transaction _______________: The date you signed the Solar Agreement (if two property owners signed on different dates, the date of transaction is the later of the two dates). You may CANCEL this transaction, without any penalty or obligation, within THREE BUSINESS DAYS from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller (Solar Provider) of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the seller (Solar Provider) at your property address, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller (Solar Provider) regarding the return shipment of the goods at the seller’s (Solar Provider) expense and risk. If you do make the goods available to the seller (Solar Provider) and the seller (Solar Provider) does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller (Solar Provider), or if you agree to return the goods to the seller (Solar Provider) and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegram to Solar Provider, Balance Solar Fund I, LLC, P.O. Box 49, Lincolnshire IL 60069 NOT LATER THAN MIDNIGHT of the date that is 3 business days from the date you signed the Solar Agreement.

I, _________________________ (Name), hereby cancel this transaction on ___________________(Date).

___________________________ (Property owner's signature)

___________________________ (Co-Owner's signature, if applicable)

Contract ID: 1104


EXHIBIT 1 (CUSTOMER COPY) NOTICE OF CANCELLATION

STATUTORILY-REQUIRED LANGUAGE Notice of Cancellation Date of Transaction ________________: The date you signed the Solar Agreement (if two property owners signed on different dates, the date of transaction is the later of the two dates). You may CANCEL this transaction, without any penalty or obligation, within THREE BUSINESS DAYS from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller (Solar Provider) of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the seller (Solar Provider) at your property address, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller (Solar Provider) regarding the return shipment of the goods at the seller’s (Solar Provider) expense and risk. If you do make the goods available to the seller (Solar Provider) and the seller (Solar Provider) does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller (Solar Provider), or if you agree to return the goods to the seller (Solar Provider) and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegram to Solar Provider, Balance Solar Fund I, LLC, P.O. Box 49, Lincolnshire IL 60069 NOT LATER THAN MIDNIGHT of the date that is 3 business days from the date you signed the Solar Agreement.

I, _________________________ (Name), hereby cancel this transaction on ___________________(Date).

___________________________ (Property owner's signature)

___________________________ (Co-Owner's signature, if applicable)

Contract ID: 1104


EXHIBIT 2 LIMITED WARRANTY

1. INTRODUCTION This Limited Warranty (this “Limited Warranty”) is Solar Provider’s agreement to provide you certain limited warranties on the System. The System will be professionally installed by the Installer at the address you listed in the Solar Agreement. We will refer to the installation location as your “Property”. This Limited Warranty begins when the Installer completes the installation of the System at your Property, provided that Solar Provider has countersigned the Solar Agreement. We look forward to helping you produce clean, renewable solar power at your Property. 2. LIMITED WARRANTIES (a) Limited Warranties. Solar Provider warrants the System as follows:

(i) System Warranty: During the entire Term, under normal use and service conditions, the System will be free from defects in workmanship or defects in, or a breakdown of, materials or components (the “System Warranty”);

(ii) Roof Warranty: If installing the System requires penetrations to your roof during a System installation, we will warrant roof damage caused due to such roof penetrations. This roof warranty will run for one (1) year following the completion of the System installation (the “Roof Warranty Period”) and applies in addition to any roof damage warranty provided to you by your Installer under the Installation Agreement; and

(iii) Repair Promise: During the entire Term, Solar Provider will honor the System Warranty and will arrange to repair or replace any defective part, material or component or correct any defective workmanship, at no cost or expense to you (including all labor costs), when you submit a valid claim to us under this Limited Warranty (the “Repair Promise”). If we or a contractor retain damages to your Property, your belongings or your Property, we will arrange to repair the damage caused or pay you for the damage caused. Solar Provider’s service providers may use new or reconditioned parts when making repairs or replacements. Solar Provider may also, at no additional cost to you, have its service providers upgrade or add to any part of the System to ensure that it performs in accordance with this Limited Warranty. Cosmetic repairs that do not involve safety or performance shall be made at Solar Provider’s discretion.

(b) Warranty Length.

(i) The System Warranty and the Repair Promise will start when the Installer completes the installation of the System at your Property (provided that Solar Provider has countersigned the Solar Agreement) and continue through the entire Term. Thus, for as long as the Solar Agreement is in effect, you will have a System Warranty and our Repair Promise.

(ii) The Roof Warranty Period may be shorter than the System Warranty, as described in Section 2(a)(ii) above.

(iii) If you have assumed an existing Solar Agreement, then this Limited Warranty will cover you for the remaining balance of the existing Term.

(c) Maintenance and Operation.

(i) General: When ownership of the System is transferred to you, Solar Provider or Installer will provide you with a copy of Solar Provider’s Property owner Guide. This Guide provides you with System operation and maintenance instructions, answers to frequently asked questions, troubleshooting tips and service information.

(ii) Monitoring Service: During the Term, we will provide you at no additional cost a monitoring service provided by a solar monitoring software provider, that captures and displays historical energy generation data over an Internet connection or cellular network, and consists of hardware located on site and software hosted by Solar Provider (“Monitoring Service”). If your System is not operating within normal ranges, the Monitoring Service will alert us and we will remedy any material issues in a timely manner.

A high-speed Internet line may be required for the monitoring service to operate. Therefore, during the Term, you agree to maintain, to the extent necessary to transmit data, the communication link between the Monitoring Service and the System and between the Monitoring Service and the Internet and you must not damage the electronic monitor. You agree to maintain and make available, at your cost, a functioning indoor Internet connection with one available wired Ethernet port and standard AC power outlet within eighty (80) feet of the System’s AC/DC inverter(s). This communication link must be a 10/100 Mbps Ethernet connection that supports common Internet protocols (TCP/IP and DHCP). If you do not have and maintain a working high speed Internet line and it is necessary to transmit data relating to the System’s performance, then (A) we will not be able to monitor the System and the amount of Power produced by the System may be estimated by the Solar Provider; and (B) you will be required to provide Solar Provider with periodic production information from your inverter when requested.

(d) Making a Claim; Transferring this Warranty

(i) Submission of Claim: You can make a claim by:

A. emailing us at the email address in Section 7 below;

B. writing us a letter and sending it overnight mail by mail or courier; or

(ii) Claims Process: If we receive a claim under this Limited Warranty from you, we will review your claim and notify you within a reasonable time period whether your claim is covered by this Limited Warranty. If we cannot make this determination without inspecting the System, we will send our employee, contractor or agent to your Property within a reasonable time period of the date we receive your claim, and we will then notify you within a reasonable time period of the visit as to whether your claim is covered by this Limited Warranty.

Contract ID: 1104


If we determine your claim is covered by this Limited Warranty, then as required by Section 2, we will make the repair or replacement within a reasonable period of time, at no cost to you. We may use new or reconditioned parts to make repairs. We will use commercially reasonable efforts to replace parts with the same type of equipment, but we may substitute types of equipment if necessary.

If your claim is not covered by this Limited Warranty, then (a) you may request that we make the repair or replacement at your expense pursuant to Section 4(a) below and (b) you may be required to pay for any expenses related to our visit to your Property with respect to such claims.

(iii) Transferable Limited Warranty: Solar Provider will accept and honor any valid and properly submitted Warranty claim made during any Term by any person who either purchases the System from you or to whom you properly transfer the Solar Agreement.

(e) Exclusions and Disclaimer. The limited warranties provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following:

(i) someone other than Solar Provider’s approved service providers (such as Installer) installed, removed, re-installed or repaired the System;

(ii) destruction or damage to the System or its ability to safely produce power not caused by Solar Provider or its approved service providers while servicing the System (e.g. if a tree falls on the System we will replace the System per the Solar Agreement, but we will not repay you for power it did not produce);

(iii) your failure to perform, or breach of, your obligations under the Solar Agreement (e.g. you modify or alter the System);

(iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us and our service providers in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Guide;

(v) any Force Majeure Event (as defined below);

(vi) any condition existing at the Property prior to the installation of the System;

(vii) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed;

(viii) any system failure or lost production not caused by a System defect (e.g. the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non-shaded area); and

(ix) theft of the System (e.g. if the System is stolen we will replace the System per the Solar Agreement, but we will not repay you for the power it did not produce); or

(x) any damage to the System caused by golf ball strikes if the Property is within 900 feet of a golf course

This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System, other than that described above.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE LIMITED WARRANTIES DESCRIBED IN SECTION 2(a) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLAR PROVIDER WITH RESPECT TO THE SYSTEM. SOLAR PROVIDER HEREBY DISCLAIMS, AND YOU AND ANY OTHER BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY OTHER WARRANTY WITH RESPECT TO THE SYSTEM, ITS OPERATION OR ANY COST SAVINGS FROM USING THE SYSTEM. THE REPAIR, REPLACEMENT AND PAYMENT REMEDIES DESCRIBED UNDER THIS LIMITED WARRANTY ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF THIS LIMITED WARRANTY.

3. SOLAR PROVIDER’S STANDARDS For the purpose of this Limited Warranty the standards for our performance, and that of our contractors and service providers, will be (i) normal professional standards of performance within the solar photovoltaic power generation industry in the relevant market; and (ii) Prudent Electrical Practices. “Prudent Electrical Practices” means those practices, as changed from time to time, that are engaged in or approved by a significant portion of the solar power electrical generation industry operating in the United States to operate electric equipment lawfully and with reasonable safety, dependability, efficiency and economy. 4. SYSTEM REPAIR OR REMOVAL

(a) You agree that (i) if the System needs any repairs that are not the responsibility of Solar Provider under this Limited Warranty or (ii) the system needs to be removed and reinstalled to facilitate remodeling of your property (including if you wish to use the Roof/Ground Repair Holiday pursuant to Section 4 (c) of the Solar Agreement), you will have Solar Provider, or another similarly qualified service provider approved by Solar Provider, at your expense, perform such repairs, removal and reinstallation, or relocation on a time and materials basis.

5. FORCE MAJEURE If Solar Provider is unable to perform all or some of its obligations under this Limited Warranty because of a Force Majeure Event, Solar Provider will be excused from whatever performance is affected by the Force Majeure Event, provided that: (a) Solar Provider, to the extent reasonably practical, gives you notice describing the Force Majeure Event; (b) Solar Provider’s suspension of its obligations is of no greater scope and of no longer duration than is required by the Force Majeure Event (i.e. when a Force Majeure Event is over, we will arrange to make repairs); and (c) No Solar Provider obligation that arose before the Force Majeure Event that could and should have been fully performed before such Force Majeure Event is excused as a result of such Force Majeure Event.

Contract ID: 1104


“Force Majeure Event” means any event, condition or circumstance beyond the control of and not caused by Solar Provider’s fault or negligence. It shall include, without limitation, failure or interruption of the production, delivery or acceptance of power due to: an act of god; war (declared or undeclared); sabotage; riot; insurrection; civil unrest or disturbance; military or guerilla action; terrorism; economic sanction or embargo; civil strike, work stoppage, slow-down, or lock-out; explosion; fire; earthquake; abnormal weather condition or actions of the elements; hurricane; flood; lightning; wind; drought; the binding order of any governmental authority (provided that such order has been resisted in good faith by all reasonable legal means); the failure to act on the part of any governmental authority (provided that such action has been timely requested and diligently pursued); unavailability of power from the utility grid, equipment, supplies or products (but not to the extent that any such availability of any of the foregoing results from Solar Provider’s failure to have exercised reasonable diligence); power or voltage surge caused by someone other than Solar Provider including a grid supply voltage outside of the standard range specified by your utility; and failure of equipment not utilized by Solar Provider or under its control. If the Solar Provider is prevented from performing under this Solar Agreement due to Force Majeure for a period of either (i) three hundred sixty-five (365) consecutive days or more, or (ii) seven hundred thirty (730) non-consecutive days or more (whether full or partial days), the Solar Provider may terminate this Solar Agreement, without liability of either party to the other, upon thirty (30) days written notice at any time during the Force Majeure. 6. LIMITATIONS ON LIABILITY (a) No Consequential Damages TO THE FULLEST EXTENT PERMITTED BY LAW, YOU MAY ONLY RECOVER DIRECT DAMAGES INCLUDING THOSE AMOUNTS DUE PURSUANT TO SECTION 6(C) UNDER THIS LIMITED WARRANTY, AND IN NO EVENT SHALL SOLAR PROVIDER OR ITS AGENTS OR SUBCONTRACTORS BE LIABLE TO YOU OR YOUR ASSIGNS FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE. (b) Limitation of Duration of Implied Warranties TO THE FULLEST EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARISING UNDER STATE LAW, SHALL IN NO EVENT EXTEND PAST THE EXPIRATION OF ANY WARRANTY PERIOD IN THIS LIMITED WARRANTY. (c) Limit of Liability Notwithstanding any other provision of this Limited Warranty to the contrary, Solar Provider’s total liability arising out of relating to this Limited Warranty shall in no event exceed the greater of (a) the sum of the estimated monthly payments over the Term of the Solar Agreement; and (b) the original cost of the System, reduced in each case by amounts paid by Solar Provider under this Limited Warranty. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS AMOUNT OF LIABILITY IS YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THIS LIMITED WARRANTY, AND YOU HEREBY WAIVE ALL OTHER REMEDIES OR DAMAGES AT LAW OR EQUITY, INCLUDING ANY DAMAGES FOR NEGLIGENCE OR STRICT LIABILITY OR ANY OTHER GREATER RIGHTS THAT YOU MIGHT HAVE UNDER THE LAWS OF THE STATE THE PROPERTY IS LOCATED IN. 7. NOTICES All notices under this Limited Warranty shall be made in the same manner as set forth in the Solar Agreement to the addresses listed below:

TO SOLAR PROVIDER:

Balance Solar Fund I, LLC P.O. Box 49 Lincolnshire, IL 60069 Attention: Warranty Claims Email: [email protected]

TO YOU:

At the billing address in the Solar Agreement or any subsequent billing address you give us.


DONATION AGREEMENT

THIS DONATION AGREEMENT (this "Agreement") is made as of August 12, 2021, by Balance Illinois I Solar, LLC, an Illinois limited liability company ("Solar Provider"), whose address is 6890 September Blvd., Long Grove, Illinois 60047, and Village of Park Forest (‘Property Owner”) whose address is 350 Victory Drive, Park Forest, IL 60466, Attention: Legal Notices, Email: [email protected].

RECITALS

WHEREAS, the Property Owner is the rightful owner of the property located at common

address 100 Park Street, Park Forest, IL 60466 (See Exhibit A for legal description).

WHEREAS, Solar Provider has installed a 491 kw DC solar array at common address 100 Park Street, Park Forest, IL 60466.

WHEREAS, Solar Provider has installed the Solar Array under in accordance with a Solar Power Agreement approved on August 16, 2021.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. Definitions.

(a) "Property Owner" shall mean Village of Park Forest with property located at the common address of 100 Park Street, Park Forest, IL 60466

(b) "Solar Array" shall consist of all the personal property of solar panels, inverters, wiring and mounting brackets, all as described in Section 3 of the Prepaid Power Purchase Agreement, and installed at common address 100 Park Street, Park Forest, IL 60466 (See Exhibit A for legal description).

(i) Said Solar Array is the Solar Provider’s personal Property under the Uniform Commercial Code. Solar Provider owns the Solar Array for all purposes, including and data generated from the System.

(c) "Solar Provider" shall mean Balance Illinois I Solar, LLC with common address of 6890 September Blvd. Long Grove, IL 60047.

2. Donation. At the end of the initial term of 6.5 years (78 months) Solar Provider will donate the above mentioned Solar Array to the Village of Park Forest at no cost, and transfer all rights of ownership of the Solar Array to the Property Owner. This agreement supersedes The Prepaid Power Purchase Agreement dated August , 2021.


IN WITNESS WHEREOF, the parties here have caused this Donation Agreement to be executed as of the day and year first above written.

SOLAR PROVIDER:

Balance Illinois I Solar, LLC, an Illinois Limited Liability Company Its: Managing Member By: Name: Zachary Kearnan Its: Managing Member PROPERTY OWNER:

Village of Park Forest, a municipality By: Name: Thomas K. Mick Its: Village Manager

EXHIBIT A

Legal Description of Property:

AGENDA BRIEFING DATE: August 10, 2021 TO: Mayor Vanderbilt Board of Trustees FROM: Alex Bazan, Greenest Region Corps Member Rob Gunther, Director of Recreation, Parks & Community Health

Hildy L. Kingma, AICP - Director of Economic Development and Planning RE: Consideration of an Ordinance Amending Chapter 110 (Vegetation) of the Code

of Ordinances, of the Village of Park Forest, Cook and Will Counties, Illinois to add Article IV (Tree Preservation)

BACKGROUND/DISCUSSION: In 2020, the Morton Arboretum awarded the Village a grant for $20,000 from the 2020–2022 round of the USDA Forest Service and Illinois Department of Natural Resources Urban and Community Forestry Core Grant. The primary purpose of this grant is to conduct a tree inventory of all public trees in the Village (those located on street rights-of-way, in public parks, and on other public property) and to create an Urban Forest Management Plan. One of the conditions of this grant is that communities are required to complete and pass a tree preservation ordinance that meets specified criteria outlined by the Morton Arboretum. The attached tree preservation ordinance was developed in partnership with the Morton Arboretum, and they are still reviewing the ordinance to ensure all requirements have been met. Note that the Department of Public Works is also reviewing the proposed Ordinance to understand impacts on their infrastructure work in the public right-of-way. In addition to the requirements of the grant, this tree preservation ordinance is consistent with the Village’s Growing Green: Park Forest Sustainability Plan and the Climate Action and

Resilience Plan. In particular, the Sustainability Plan has established the following goals: “maintain parkways and remove or treat ill trees as needed”, “plant new long-lived trees”, and “preserve public open spaces”. The Climate Action and Resilience Plan is even more specific to the purpose of this proposed Ordinance, as it has the following goals: “increase canopy cover diversity on public property for air quality and shade”, “increase species diversity in the Village’s urban forest by addressing stressors such as invasive species, tolerance to heat, uneven precipitation, and drought”, and “complete the inventory of the Village’s urban forest and develop a plan for maintenance and replacement”. Some of the primary features of the proposed Ordinance include the following:

The Village is required to keep a Village Forester/Arborist on staff. The Village is required to maintain an approved Urban Forest Management Plan to

establish the means by which the public tree inventory will be protected, managed, and enhanced.

Any public or private work that will impact public trees must create a plan for protecting or replacing the trees.

Fines are established for anyone who damages a public tree without prior authorization by the Village.

The proposed Ordinance was reviewed by the Village Prosecutor. SCHEDULE FOR CONSIDERATION: This item will appear on the Regular Board meeting agenda of August 16, 2021, for Final Reading.

ORDINANCE NO.

AN ORDINANCE AMENDING CHAPTER 110 (VEGETATION) OF THE CODE OF ORDINANCES OF THE VILLAGE OF PARK FOREST, COOK AND WILL

COUNTIES, ILLINOIS TO ADD ARTICLE IV (TREE PRESERVATION)

WHEREAS, the Village of Park Forest, Cook and Will Counties, Illinois (the “Village”) is a home rule municipality pursuant to Section 6(a), Article VII of the 1970 Constitution of the State of Illinois, and as such may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, over the past 12 years, the Mayor and Board of Trustees have adopted several new elements to the Village’s Comprehensive Plan, that stress the importance of tree preservation, including the Growing Green: Park Forest Sustainability Plan (2012), and the Climate Action and Resilience Plan (2019); and WHEREAS, the Morton Arboretum has granted the Village funds to prepare a tree inventory and Urban Forest Management Plan to outline strategies for tree planting, selection, care, and preservation for the Village’s urban forest under recognized national standards; and WHEREAS, the purpose of this proposed section of the Code of Ordinances is to recognize the services and function that trees provide as a collective asset to the entire community and to state the goals of the Village of Park Forest with respect to the protection, preservation, care, and planting of trees on public lands; and WHEREAS, the Village recognizes that trees are an integral part of the infrastructure of the Village as they absorb pollution from the air; absorb and sequester carbon dioxide; absorb and filter pollution from storm water run-off; produce oxygen; reduce flooding; stabilize soils and reduce erosion; cool the surrounding area helping to reduce impacts due to heat islands; reduce energy consumption by shielding structures from harsh winds and sun; provide a buffer and screen against noise, light, and pollution; improve property values; improve commercial district buyer traffic and purchasing; provide important habitat for birds and other wildlife; protect and enhance quality of life; areas with trees have lower crime rates; and areas with trees have higher levels of community interaction; and

WHEREAS, the Village further recognizes that larger trees provide larger benefits, and when a large tree is removed and replaced with a smaller tree the benefits and services are reduced; and

WHEREAS, the Village finally recognizes that some trees may have a condition that constitutes an unacceptable risk, danger or nuisance to the public or property within the Village or may be dangerous to the health of other trees and vegetation in the Village; and WHEREAS, the Mayor and Board of Trustees find it is in the best interest of the health, safety and welfare of the Village to amend the Code of Ordinances of the Village to create provisions for the protection of public trees.

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Park Forest, Cook and Will Counties, Illinois, in the exercise of the Village’s home rule powers, as follows:

Section 1. Recitals Incorporated. That the above recitals and legislative findings are found to be true and correct and are hereby incorporated herein and made a part hereof, as if fully set forth in their entirety.

Section 2. Authorization. The Mayor is authorized and directed to execute the

Ordinance, and the Village Clerk is hereby authorized and directed to attest to the Ordinance, in substantially the form presented as determined by the Mayor.

Section 3. Code of Ordinances – Chapter 110 (Vegetation), Article IV (Tree

Preservation). Chapter 110 (Vegetation) is hereby amended by adding Article IV (Tree Preservation) included in the attached Exhibit A.

Section 4. Severability and Repeal of Inconsistent Ordinances. If any provision

of this Ordinance, or the application of any provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this Ordinance. All ordinances, resolutions or orders, or parts thereof, in conflict with the provisions of this Ordinance are to the extent of such conflict hereby repealed.

Section 5. Effective Date. This Ordinance shall be in full force and effect immediately upon its passage and approval, as provided by law due to the urgent nature of this matter Adopted this day of , 2021. AYES: NAYS: ABSTAINED: ABSENT: APPROVED: ATTEST:

______________________________ Jonathan Vanderbilt, Mayor Sheila McGann, Village Clerk

EXHIBIT A

Chapter 110 (Vegetation), Article IV (Tree Preservation)

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CHAPTER 110 – VEGETATION ARTICLE IV. – TREE PRESERVATION Sec. 110-70. – Statement of Purpose The purpose of this Section is to recognize the services and function that trees provide as a collective asset to the entire community, to acknowledge that the urban forest is an integral part of the infrastructure in the Village, and to state the standards by which trees on public lands will be protected, preserved, maintained, and planted. This Article IV applies to any work or activity that may impact public property trees. Sec. 110-71. – Definitions Arborist means any individual who possesses education, training and experience in the profession of forestry or a related field and is licensed or certified in forestry by an accredited forestry industry body, e.g. International Society of Arboriculture. Building Activity Area means the portion of a property within which development activity occurs, including grading, excavation, storage of materials, construction access and construction of both main buildings and unattached structures.

Canopy means the upper portion of a tree, also referred to as the “crown”, where branches and leaves are usually contained. Critical Root Zone means an area on the ground extending out from the trunk of the tree in all directions a distance of at least one and a half feet for every inch DBH (see definition for Diameter at Breast Height). Cutting means felling or removing a tree, or any similar process resulting in the death or substantial destruction of a tree. For purposes of this section, tree pruning or tree trimming utilizing acceptable forestry practices are not considered cutting. Development means any human-made change to improved or unimproved real estate, including but not limited to construction of or substantial improvements to buildings or other structures, or the placement of mining, dredging, filling, grading, paving, excavation, or drilling operations. Diameter at Breast Height is a forestry standard measurement, referred to as “DBH”. It is the diameter of the trunk of the tree measured in inches at a point of 4.5 feet above ground line. Infrastructure means the basic underlying framework or features that provide collective services, including but not limited to roads, waterlines, storm sewers, bioswales, and trees. Invasive Species means an introduced or exotic species that significantly modifies or disrupts the ecosystem in which it colonizes (e.g. buckthorn), identified in the Village Urban Forest Management Plan.

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Landscape Plan means a plan approved by the Village that defines the location and species of plants and associated hardscape, including grading, and is consistent with the requirements of Appendix A (Unified Development Ordinance), Article VI-D (Landscape Plan) of the Code of Ordinances. Legacy Tree is a tree identified on the Legacy Tree list, recorded as such by the Village and thereby is afforded special protection as outlined in the Urban Forest Management Program. Preferred Tree List means a listing of tree species, identified in the Village Urban Forest Management Plan. Public Tree means any tree on a street right-of-way, public park, or other publicly owned land. Tree is any self-supporting woody plant, together with its root system, trunk, and canopy growing upon the earth; usually with one trunk, or a multi-stemmed trunk system, supporting a definitely formed crown. Tree Damage (damage) means the impact upon or loss of function to any tree including but not limited to: removal, root compaction, root removal, girdling, soil contamination, topping, pruning more than 20 percent of the tree’s canopy, bark removal, poisoning, and/or other actions resulting in the decline or death of a tree. Tree Preservation Plan is a document, developed in compliance with the Urban Forest Management Plan that identifies by both common and scientific name, certain species of trees of a specified DBH within a particular area. It shall list all existing and proposed trees and specifically state how each tree is proposed to be destroyed, relocated, replaced, preserved at its present location, or introduced into the site from an off-site source; whether any tree is to receive remedial care due to construction impacts, e.g. root pruning. Tree Removal means the cutting down, destruction or by any like means the relocating of any tree, including by poison or other such direct or indirect action. Tree Topping means the indiscriminate removal of branch ends, which is likely to injure and ultimately result in early failure or death of a tree. Urban Forest Management Plan means a detailed plan developed and approved by the Village Board of Trustees, under the direction of a certified arborist or forester, that outlines strategies for tree planting, selection, care, and preservation for the Village’s urban forest under recognized national standards. Sec. 110-72. – Preservation

(a) The Village shall staff at least one certified arborist, designated as the Village Arborist, who shall oversee any urban forestry work completed by a contractor on Village property within the Village. The Village Arborist along with the Director of Recreation, Parks &

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Community Health shall be responsible for the enforcement of and compliance with the Urban Forest Management Plan.

(b) The Village shall keep in a current state, in accordance to the Urban Forest Management

Plan, an inventory of publicly owned trees. (c) Tree preservation, maintenance, and removal standards shall be in accordance with

nationally recognized standards, such as the American National Safety Institute (ANSI A300 and ANSI Z133), International Society of Arboriculture, and/or National Association of Nurserymen.

(d) The Village shall maintain, as the framework for the protection, management, and

planting of public trees within the Village an approved Urban Forest Management Plan, which shall support and clearly define regulations identified in the Tree Preservation Ordinance. This plan shall include the following:

(1) A ten-year urban forestry strategy with clearly identified one, five, and ten year goals; (2) Community canopy mapping that identifies existing tree canopy and priority planting

locations; (3) A strategy for maintaining the public property tree inventory; (4) Guidelines on relevant tree species and age diversity; (5) Identification of replacement value and criteria for what allows for tree removal or

and what constitutes damage; (6) A preferred tree list. (7) Specifications for tree planting, pruning, and impact reduction; (8) A risk assessment and management program; (9) A legacy tree list and a corresponding preservation and protection program; (10) A strategy for establishment, management, preservation, and protection of

naturalized areas; (11) A strategy for the administration and implementation of a volunteer program; (12) Defined staff qualifications, training regimen, support systems and any other like

needs; (13) Specifications for contracted labor and consulting; (14) Identification of forestry equipment and resource needs; and (15) A commitment to support urban forestry operations through the annual budget

process and the five-year capital improvements plan.

(e) Any Contractor, working within the Village who will impact trees on Village public property shall utilize a certified arborist on site for any work pertaining to trees, including but not limited to removal, pruning and planting activities. Contractors shall also submit a certificate of insurance that is in compliance with current Intergovernmental Risk Management Agency (IRMA) guidelines.

(f) Legacy Trees shall be provided special protection by the Village in accordance with the

Urban Forest Management Plan.

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(g) All tree planting, selection and management of trees on public property shall be in compliance with the Urban Forest Management Plan.

(h) It is recognized that diverse species and age structure of urban trees throughout the

Village are critical to the health of the forest structure and protects the Village from catastrophic loss and improves longevity. Specifications for species and age diversity, planting and management of urban trees shall be addressed in the Urban Forest Management Plan.

Sec. 110-73. – Sourcing Trees shall be sourced from the Illinois Department of Agriculture approved nurseries and grown to meet the most current national recognized nursery standards in keeping with the Urban Forest Management Plan. Sec. 110-74. - Planting

(a) The Village shall plant diverse species with the ratio of not more than 15 percent of any one family, 10 percent of any one genus or 5 percent of any one species, with the exception of naturalized areas where species selections shall be in accordance with natural species assemblages as defined in the Urban Forest Management Plan. Diverse species composition protects the Village from catastrophic loss.

(b) Trees shall be planted in accordance with the most current nationally recognized

standards, e.g. the International Society of Arboriculture or American National Standards Institute (ANSI), to which the Urban Forest Management Plan shall adhere.

(c) All trees planted by the Village or their agent shall be planted in accordance with the

Urban Forest Management Plan. (d) Trees purchased by the Village shall meet the specifications set forth in the Urban Forest

Management Plan. Sec. 110-75. – Tree Care Tree care given upon public lands within the Village shall comply with requirements identified in the Urban Forest Management Plan.

(a) Said care shall be given accordance with the most current nationally recognized standards such as the International Society of Arboriculture or American National Standards Institute (ANSI) and occur at every 7 years or less.

(b) Trees shall be pruned in accordance with the most current nationally recognized

standards , e.g. the International Society of Arboriculture or American National Standards Institute (ANSI A300 and ANSI Z133).

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Sec. 110-76. – Tree Protection Tree removals have an impact on the entire Village, whether on public or private land. It is clearly documented that larger trees provide larger benefits. It is recognized that the planting of smaller trees does not replace the value of larger trees that are lost. It will take tens of years for that value to be replaced and, for that reason, efforts should be made to preserve and protect trees where they are growing.

(a) Any public or private new development or existing site improvement that may affect public property trees is subject to a Landscape Plan consistent with Appendix A (Unified Development Ordinance), Article VI-D (Landscape Plan) of the Code of Ordinances. Said plan shall incorporate a tree preservation and/or replacement plan. Said plan must be submitted, approved, and implemented prior to the start of any work or delivery of any materials to the Building Activity Area.

(b) The Village Arborist shall be consulted before any permits are issued on single and two family properties where the building activity area may have any impact on public trees. Compliance with the requirement for a landscape plan shall be limited to public trees.

Sec. 110-77. – Tree Removal Tree removal shall be in accordance with the most current nationally recognized standards, e.g. the International Society of Arboriculture or American National Standards Institute (ANSI). Sec. 110-78. – Tree Replacement

(a) Any tree impacted or likely to be impacted by utility or infrastructure work or public construction projects will be assessed by the Village Arborist to determine if remedial action can be taken to mitigate the impact or if tree removal and replacement will be necessary.

(b) Any tree removed by the Village shall be documented, said documentation shall contain a

plan and calculated Village budget allocation to be requested for its replacement. Tree replacement shall be subject to the Preferred Species List as set forth in the Urban Forest Management Plan and approval by the Village Arborist.

(c) All tree replacements shall be completed within the landscape season. In the event that

weather conditions or species specific needs prohibit landscape season completion, replacement shall be postponed until either the season or conditions are appropriate.

(d) Any public tree removal for utility or infrastructure work/replacement or public

construction projects shall comply with the standards established by Appendix A (Unified Development Ordinance), Article VI-2.B (Replacement Standards), of the Code of Ordinances, or a fee-in-lieu of planting paid that reflects the replacement cost’s fair market value.

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(e) All monies received as a fee-in-lieu of planting or as payment of a penalty for damage to a public tree shall be paid to a tree contributions account established by the Village. Such funds shall be disbursed only for tree acquisition and planting on public lands.

(f) All tree replacement plantings shall require and heed, prior to planting, an underground

utility location, including but not limited to JULIE.

Sec. 110-79.- Removal Plan for Significant Removals for Construction or Development An applicant seeking significant public tree removals or tree removal and/or planting of public trees in relation to private construction and/or development shall comply with all requirements of Appendix A (Unified Development Ordinance) of the Code of Ordinances. Sec. 110-80. - Environment Commission The Village hereby reaffirms the Environment Commission shall be a recommending body to provide assistance, direction, and advice to the Village regarding the preservation, planting, management, and protection of trees. The Environment Commission shall provide advice in the development and implementation of the Urban Forest Management Plan. The Environment Commission’s qualifications, responsibilities, and terms are according to Resolution R-06-39, or as that Resolution shall be revised from time to time. Sec. 110-81. – Penalty and Enforcement

(a) Planting.

(1) It shall be unlawful to plant any tree or shrub in the public right-of-way, or on other publicly owned property or Conservation or Preservation Area, unless consistent with an approved Landscape Plan.

(2) It shall be unlawful to plant any tree under utility wires that is anticipated to grow to a

height that will interfere with the wires. (3) It shall be unlawful to plant invasive species. The invasive species list is included in

the Urban Forest Management Plan.

(b) Damage to Trees. Unless authorized by this Section, it shall be unlawful for any person, by any means, to remove, injure, prune, or undertake any procedure, including tree topping, that will cause death, substantial damage, or create a hazard, to any public property tree or to the critical root zone of any public property tree in the Village.

(c) Penalty. A violation of the above Sections shall be punishable by a fine up to $1,000.

Damage to more than one tree or shrub, even if resulting from a single act, shall constitute a separate offense.

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(d) Enforcement. Prosecution and enforcement of this ordinance shall be governed by the Administrative Adjudication provisions set forth in Chapter 2, Article VII of this Code. The procedural means – including the issuance of a citation and notice, along with whether the case shall be litigated by the Village Attorney or Village Prosecutor and/or further pursued in any other Court of competent jurisdiction shall be directed by the Village Manager or designee.

(e) Civil Remedies

(1) The Village may institute a civil action in a court of competent jurisdiction to establish liability and to recover losses for any personal injury or property damage caused by the planting of, removal of, or damage to any tree or shrub in contravention of the terms of this Section.

(2) The Village may institute a civil action in a court of competent jurisdiction to seek

injunctive relief to enforce compliance with this Section, to enjoin any violation, or to prevent irreparable personal injury or property damage resulting from the planting of, removal of, or damage to any trees or shrub in contravention of the terms of this Section.

AGENDA REGULAR MEETING OF THE BOARD OF TRUSTEES 350 ...

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