HomeMy WebLinkAboutRESOLUTIONS-2012-082-R-120
11 /8/2012
82-R-12
A RESOLUTION
Authorizing the City Manager to Sign a Permit with the Metropolitan
Water Reclamation District and a Permit with the Skokie Park District
for a Sewer Lining Project
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The City Manager is hereby authorized to sign, and the City
_ Clerk hereby authorized and directed to attest, on behalf of the City of Evanston, a
Metropolitan Water Reclamation District Permit, attached hereto as Exhibit A and
incorporated herein by reference and a Skokie Park District Permit, attached hereto as
0 Exhibit B for a sewer lining project (the "Permits").
SECTION 2: The City Manager is hereby authorized and directed to
negotiate any additional conditions of the Permits as may be determined to be in the
best interests of the City.
SECTION 3: This Resolution 82-R-12 shall be in full force and effect
from and after its passage and approval in the manner provided by law.
Eli eth B. Tisdahl, Mayor
Att
R9dne Gre e, City Clerk
Adopted- n'Q'(, t4-I t c * , 2012
82-R-12
EXHIBIT A
Metropolitan Water Reclamation District Permit
0
•
40
-2-
• City of Evanston
Construction Staging Area
12 NE 012
REV. October 5, 2012
GENERAL PERMIT
THIS PERMIT made this 4th day of October, 2012, by and between THE METROPOLI-
TAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, a municipal corporation,
organized and existing under the laws of the State of Illinois hereinafter called "District,"
and the CITY OF EVANSTON, a municipal corporation organized and existing under
the laws of the State of Illinois, hereinafter called "Permittee."
ARTICLE ONE
1.01 The District for and in consideration of the payment of the permit fees he-
reinafter set forth, hereby issues to the Permittee a permit and license to use an approx-
imately 200' x 75' portion of North Shore Channel Parcel 4.05 located between Oakton
and Main Streets on the east side of the North Shore Channel, in Skokie, Illinois as a con-
struction staging area for a sewer lining project and for no other purpose whatsoever.
.(For pictorial representation of permit premises, see Exhibit A attached hereto and
made a part hereof).
1.02 This Permit shall be effective from the 1st day of January, 2013, to the 31st
day of July, 2013, at which time Permittee shall vacate said premises and remove Per-
• mittee's effects therefrom at Permittee's cost, unless said Permit shall be terminated
sooner by virtue of the provisions hereinafter provided.
1.03 The Skokie Park District leases 10 acres under that certain lease dated
April 21, 1994 commencing April 21, 1994 and expiring April 20, 2032 and is known as
Channelside Park. The permit premises are located within the Skokie Park District's lea-
sehold.
1.04 This Permit is subject to the consent of the Skokie Park District.
ARTICLE TWO
2.01 Permittee hereby agrees that in consideration for the granting of this Per-
mit, Permittee shall pay to the District the sum of TEN and NO/100 DOLLARS ($10.00)
payable upon execution of this permit.
2.02 In addition thereto, Permittee shall pay on or before the due date therefor,
all real estate taxes, special assessments and all other taxes, assessments and charges
which may be levied against the property or, tlie, District by any governmental authority
empowered to do so, on account of Perm{ttee's �sE of the Permit Premises.
ARTICLE THREE
3.01 Permittee agrees and s0i6cificolly, '.J.nderstanda that this Permit is confined
solely to the non-exclusive privilege :01* PerH, 96e to (Pse the premises set forth in Article
One, and no other; that the authorhy'ana'Nerinission herein given does not thereby
grant unto Permittee any interest or estate in the said lands of the District and that the •
District retains dominion, possession and control of said lands, including access thereto
at all times.
3.02 Permittee further agrees and specifically understands that the District shall
have the right to enter upon the premises herein described for the purpose of making
such surveys, soil borings or other purposes as may be deemed necessary by the
District in the furtherance of its corporate purpose.
3.03 The District shall not be liable for any loss, cost or damage to the Permittee
by reason of the exercise of the right to make such surveys, soil borings or other pur-
poses as may be deemed necessary by the District in the furtherance of its corporate
purpose.
ARTICLE FOUR
4.01 The District hereby reserves the right to terminate this Permit upon giving
thirty (30) days notice, in writing, of such termination to Permittee and thereupon Permit -
tee shall vacate said premises and remove its effects therefrom, and restore the pre-
mises to the condition existing prior to Permittee's entry thereon, at Permittee's cost.
4.02 In the event Permittee uses or allows the premises to be used for any illeg-
al or immoral purposes, or for any purpose other than that hereinabove specifically
provided, or violates any of the provisions hereof, this Permit may be terminated by the
District upon giving three (3) days notice, in writing, to Permittee, and thereupon Permit •
tee shall forthwith vacate said premises and remove Permittee's effects therefrom, and
restore the premises to the condition existing prior to Permittee's entry thereon, at
Permittee's cost.
4.03 The District shall not be liable to Permittee for any loss, cost or damage in-
curred by the Permittee by reason of the exercise of the right of the District to cancel
this Permit. .
ARTICLE FIVE
5.01 The Permittee shall be solely responsible for and shall defend, indemnify,
keep and save harmless the District, its Commissioners, officers, agents and employees,
against all injuries, deaths, losses, damages, claims, patent claims, liens, suits, liabilities,
judgments, costs and expenses which may in any wise accrue, directly or indirectly,
against the District, its Commissioners, officers, agents or employees, in consequence of
the granting of this Permit, or which may in anywise result therefrom or from any work
done hereunder, whether or not it shall. ,be, g1leged or determined that the act was
caused through negligence or omission of the N_-& ttee, or Permittee's employees, or
of any contractor or subcontractor, or tiveir,mAptoyees, if any, and the Permittee shall,
at Permittee's sole expense appear, defend and pay all charges of attorneys and all
costs and other expenses arising therefrom or incurred in connection therewith, and if
any judgment shall be rendered`agdin3t the DIs1,fict, ;is, Cainmissioners, officers, agents •
or employees, in any such actio!� thr_.� Permtt:e'g ,ahal,., at the Permittee's sole expense,
satisfy and discharge the some.
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5.02(a) The Permittee, prior to entering upon said premises- and using the same
for the purposes for which this Permit is issued, shall procure, maintain and keep in
force, at Permittee's or Permittee's contractors expense, public liability and property
damage insurance in which the District, its Commissioners, officers, agents and em-
ployees, are a named insured as well as fire and extended coverage, and all-risk
property insurance in which the District is named loss payee from a company to be ap-
proved by the District, each afore -referenced policy shall have limits of not less than
("CLAIMS MADE" policies are unacceptable):
COMPREHENSIVE GENERAL LIABILITY
Combined Single Limit Bodily Injury Liability
Property Damage Liability
(including Liability for Environmental Contamination of Adjacent Properties)
in the amount of not less than $4,000,000.00
per Occurrence
and
ALL RISK PROPERTY INSURANCE
(Including Coverage for Environmental Contamination
of Permit Premises)
in the amount of not less than $4,000,000.00
per Occurrence
INCLUDING
An Amount Not Less Than the
Replacement Cost of Improvements
Located on the Premises
Prior to entering upon said Permit Premises, the Permittee shall furnish to the Dis-
trict certificates of such insurance or other suitable evidence that such insurance cov-
erage has been procured and is maintained in force and effect.
Upon District's written request, Permittee shall provide District with copies of the
actual Insurance policies within ten (10) days of District's request for same. Such certifi-
cates and insurance policies shall clearly identify the Permit Premises and shall provide
that no change, modification In or cancellation of any insurance shall become effec-
tive until the expiration of thirty (30) days after written notice thereof shall have been
given by the insurance company to the District. The provisions of this paragraph shall in
no wise limit the liability of the Permittee as set forth in the provisions of 5.01 above, or
5.02(b) Permittee prior to entering upon said premises and using the same for
the purposes for which this Permit is granted, shall prepare and transmit to the District
an acknowledged statement that the Permittee is a self -insurer, and that it undertakes
and promises to insure the District, Its Commissioners, officers, agents, servants and
employees on account of risks and liabilities contemplated by the indemnity provisions
of paragraph 5.01 above; and that sueh'tutpmf':r<I is issued in lieu of policies of insur-
ance or certificates of insurance in which 4ho Dist*ict, Its Commissioners, officers, agents,
servants and employees would be a named or additional insured, and that it has funds
available to cover those liabilities in the respective amounts therefor, as set forth as fol-
lows:
COMPREHMtIVE GEfl61AL 'L'_ABP.1rY
Combined Single Limit Bodily Injury Liability
3
Property Damage Liability
(Including liability for Environmental Contamination of Adjacent Properties)
In the amount of not less than $4,000,000.00
per Occurrence
and
ALL RISK PROPERTY INSURANCE
(Including Coverage for Environmental Contamination
of Permit Premises)
in the amount of not less than $4,000,000.00
per Occurrence
INCLUDING
An Amount Not Less Than the
Replacement Cost of Improvements
Located on the Premises*
*Strike where applicable
This statement shall be signed by such officer or agent of the Permittee having
sufficient knowledge of the fiscal structure and financial status of the Permittee to make
such a statement on behalf of the Permittee and undertake to assume the financial risk
on behalf of the Permittee and will be subject to the approval of the District.
5.03 Permiftee expressly understands and agrees that any insurance protection
or bond required by this Permit, or otherwise provided by Permittee, shall in no way limit •
the responsibility to defend, indemnify, keep and save harmless the District, as hereina-
bove provided.
ARTICLE SIX
6.01 It is further expressly understood that the District shall not be liable to the
Permittee for any loss, cost, or expense which the Permittee shall sustain by reason of
any damage to its property or business caused by or growing out of the construction,
repair, reconstruction, maintenance, existence, operation, or failure of any of the sew-
ers, structures, or other works or equipment of the District now located or to be con-
structed on said premises, or on the land of the District adjacent to said premises.
6.02 The Permittee also agrees that if the District incurs any additional expense
for additional work which the District would not have had to incur if this Permit had not
been executed, then, in that event, the Permittee agrees to pay to the District such
additional expense as determined by the Executive Director of the District, promptly
upon rendition of bills therefor to the Permittee.
WlCiE SEVEN' .
7.01 It is understood and agreed by and between the parties hereto that the
Permittee shall not erect any structure of any type or kind upon said premises except is the consent, in writing, of the F)Lv:Utive'. Meclor fiVst hcd and obtained.
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7.02 No blockage or restriction of flow in the water will be tolerated at any
time. No construction or improvements of any kind can project into the waterway dur-
ing construction or after permanent repairs are completed.
7.03 The Permittee, prior to entering upon said premises and using the some for
the purposes for which this Permit is granted, shall, at Permittee's sole cost and expense,
obtain all permits, consents and licenses which may be required under any and all sta-
tutes, laws, ordinances and regulations of the District, the United States of America, the
State of Illinois, the County, or the city, village, town or municipality in which the subject
property is located, and furnish to the District suitable evidence thereof.
7.04 The Permittee covenants and agrees not to maintain any nuisance on the
Permit premises which shall be in any manner Injurious to the health and comfort of per-
sons residing or being in the vicinity of said premises, and the Permittee further cove-
nants and agrees to keep the Permit premises in a clean and sanitary condition.
7.05 The Permittee covenants and agrees that it shall strictly comply with any
and all statutes, laws, ordinances and regulations of the District, the United States of
America, the State of Illinois, the County and the city, village, town or municipality in
which the subject property is located, which in any manner affect this Permit, any work
done hereunder or control or limit in any way the actions of Permittee, its agents, ser-
vants and employees, or of any contractor or subcontractor of Permittee, or their em-
ployees.
7.06 Permittee covenants and agrees that on or before the termination date of
this Permit, Permittee shall remove or cause to be removed, any and all debris on the
premises described in this Permit, and any and all equipment, facilities, or other things
erected or placed upon said premises, and will yield up said premises to the District in
as good condition as when the same was entered upon by Permittee. Upon Permittee's
failure so to do, the District may do so at the sole expense and cost of Permittee.
ARTICLE EIGHT
8.01 Any notice herein provided to be given shall be deemed ,properly served
If delivered in writing personally or mailed by registered or certified mall, postage pre-
paid, return receipt requested to the District in care of the Executive Director, 100 East
Erie Street, Chicago, Illinois 60611, or to the Permittee in care of:
Mayor Elizabeth B. Tisdahl
City of Evanston
2100 Ridge Avenue
Evanston, Illinois 60201
Telephone: (630) 257-6440
Emall•'ei;sdu'r11@cittyofevanston.orq
Teleph6n4 #:; ' .fS'471466-2979
Facsimile #: (847) 866-2978
• or to such other persons or addresces.as either party may from time to time designate in
writing.
8.02 In the event that the Permittee hereinabove contemplated shall consist of
two or more parties, each and every party shall be jointly and severally liable for the
faithful and complete performance of each and every provision of this Permit.
8.03 Permittee expressly acknowledges that the District has made no represen-
tations, warranties, express or implied, as to the adequacy, fitness or condition of Permit
Premises or the Improvements upon the Permit Premises. Permiftee accepts the Permit
Premises and the improvements thereon, If any, `AS -IS" and `WITH ALL FAULTS". Permit -
tee acknowledges that it has inspected the permit premises and has satisfied itself as to
the adequacy, fitness and condition thereof.
8.04 Permiftee agrees and specifically understands.that the District shall not is-
sue or execute this Permit and license, unless within 28 days of Permittee's receipt of this
Permit Agreement, Permittee causes same to be duly executed and returned to the Dis-
trict with evidence of compliance with all terms contained herein.
8.05 This Permit Agreement shall be mutually cancelable by the Permittee
upon Permittee's giving ninety (90) days notice in writing, of such cancellation to the
District and thereupon Permittee shall vacate said premises and remove its effects the-
refrom, and restore the premises to the condition existing prior to Permittee's entry
thereon, at Permittee's cost.
8.06 If the land is to be used for public use and recreation, Permiftee shall, dur-
ing the term of this Permit, at Its sole cost and expense, construct, erect and maintain, at
one or more prominent locations on the permit premises, tastefully designed and con-
structed permanent signs which acknowledge the cooperation and support of the Dis-
trict in connection with Permittee's use of the permit premises. The style, text and size of
the sign(s) shall be approved in advance of erection thereof by the Executive Director
of the District, and shall, at minimum state that:
"THIS FACILITY IS PROVIDED IN PART AS A COMMUNITY
SERVICE WITH THE COOPERATION AND SUPPORT OF THE
METROPOLITAN WATER RECLAMATION DISTRICT OF
GREATER CHICAGO"
ARTICLE NiNE
GENERAL ENVIRONMENTAL PROVISIONS
9.01 DEFINITIONS
A. "Environmental Laws" shall mean all present and future statutes, regula-
tions, rules, ordinances, codes, licenses,,permi#F, girders, approvals, plans, authorizations
and similar items, of all government agerfciEs,, deociiments, commissions, boards, bu-
reaus, or instrumentalities of the United '&d4s, state and political subdivisions thereof
and all applicable judicial, administrative, and regulatory decrees, judgments, orders,
notices or demands relating to industrial hygiene, and the protection of human health
or safety from exposure to Hazardous, Mateiials, or th9 pedf6ction of the environment in •
any respect, including without linitati:r'_:
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• (1) all requirements, including, without limitation, those . _-
pertaining to notification, warning, reporting, license-
Ing, permitting, investigation, and remediation of the
presence, creation, manufacture, processing, use,
management, distribution, transportation, treatment,
storage, disposal, handling, or release of Hazardous
Materials;
(2) all requirements pertaining to the protection of em-
ployees or the public from exposure to Hazardous
Materials or injuries or harm associated therewith; and
(3) the Comprehensive Environmental Response, Compen-
sation and liabllity Act (Superfund or CERCLA) (42 U.S.C.
Sec. 9601 et sea.), the Resource Conservation and Re-
covery Act (Solid Waste Disposal Act or RCRA) (42
U.S.C. Sec. 6901 et sea.), Clean Air Act (42 U.S.C. Sec
7401 et sea.), the Federal Water Pollution Control Act
(Clean Water Act) (33 U.S.C. Sec, 1251 At sea.), the
Emergency Planning and Community Right -to -Know
Act (42 U.S.C. Sec. 11001 et se q.
.), the Toxic Substances
Control Act (15 U.S.C. Sec, 2601 et. seg.), the National
Environmental Policy Act (42 U.S.C. Sec. 4321 et
the Rivers and Harbors Act of 1988 (33 U.S.C. Sec. 401 et
M.), the Endangered Species Act of 1973 (16 U.S.C.
• Sec. 1531 It. sea.), the Safe Drinking Water Act (42
U.S.C. Sec. 300 (f) et sea., the Illinois Environmental Pro-
tection Act (415 ILCS 511 et seg.) and all rules, regula-
tions and guidance documents promulgated or pub-
lished thereunder, Occupational Safety and Health Act
(29 U.S.C. Sec. 651 At M.) and all similar state, local
and municipal laws relating to public health, safety or
the environment.
B. "Hazardous Materials" shall mean:
(1) any and all asbestos, natural gas, synthetic gas, li-
quefied natural gas, gasoline, diesel fuel, petroleum,
-petroleum products, petroleum hydrocarbons, petro-
leum by-products, petroleum derivatives, crude oil
and any fraction of it, polychlorinated biphenyls
(PCBs), trichloroethylene, ureaformaldehyde and radon
gas;
(2) any substance (whether solid, liquid or gaseous in na-
ture), the presence of whr h (,withou! rsgard to action
level, concentration or qucmttty ti ie,iiold requires In-
• vestigation or remediation under any federal, state or
local statute, regulation, ordinance, order, action, poli-
cy or common law;: .
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(3) any substance (whether solid, liquid, or gaseous in na-
ture) which Is toxic, explosive, corrosive, flammable, in-
fectious, radioactive, carcinogenic, mutagenic, or oth-
erwise hazardous or dangerous;
(4) any substance (whether solid, liquid or gaseous in na-
ture) the presence of which could cause or threaten to
cause a nuisance upon the area subject to Permit or
to adjacent properties or pose or threaten to pose a ha-
zardous threat to the health or safety of persons on or
about such properties;
(5) any substance (whether solid, liquid or gaseous in na-
ture) the presence of which on adjacent properties
could constitute trespass by or against Permittee or Dis-
trict;
(6) any materials, waste, chemicals and substances,
whether solid, liquid or gaseous in nature, now or he-
reafter defined, listed, characterized or referred to in
any Environmental Laws as "hazardous substances,"
"hazardous waste," "Infectious waste," "medical
waste," "extremely hazardous waste," "hazardous ma-
terials," "toxic chemicals," "toxic substances," "toxic
waste," "toxic materials," "contaminants," "pollu-
tants," "carcinogens," "reproductive toxicants," or any
variant or similar designations;
(7) any other substance (whether solid, liquid or gaseous
in nature) which is now or hereafter regulated or con-
trolled under any Environmental Laws (without regard to
the action levels, concentrations or quantity thresholds
specified herein); or
(8) any result of the mixing or addition of any of the sub-
stances described in this Subsection B with or to other
materials.
C. "Phase I Environmental Assessment" shall mean:
(1) environmental assessments of real estate, bedrock and
groundwater of the type found on the Permit Premises
and said assessment shall include, but not necessarily
be limited to a historical -mvievi• of th•3 use (abuse) of
the Permit Premises, a ; review. of, ~the utilization and
maintenance of hazardous 'materials on the Permit
Premises review of the Permit Premises' permit and
enforcement history (by review of regulatory agency
records), a site reco,anNrssam:e ot(d physicol survey, in-
E
•
8
• spection of Permit Premises, site interviews and site his-
tory evaluations, basic engineering analyses of the
risks to human health and the environment of any
areas of identified concerns, and preparation of a
written report which discusses history, site land use,
apparent regulatory compliance or lack thereof and
which includes historical summary, proximity to and
location of USTs, LUSTS, TSDFs, CERCLA site flood plain,
maps, photograph log references, conclusions and
recommendations.
D. "Phase II Environmental Assessment" shall mean:
(1) an assessment of the Permit Premises and a reasonable
area of the adjacent property owned by the District
performed by an Independent and duly qualified, li-
censed engineer with experience and expertise in
conducting environmental assessments of real estate,
bedrock and groundwater of the type found on the
Permit Premises and said assessment shall include, but
not necessarily be limited to, extensive sampling of
soils, groundwaters and structures, followed by labora-
tory analysis of these samples and interpretation of the
results, and preparation of a written report with boring
• logs, photograph logs, maps, investigative procedures,
results, conclusions and recommendations
9.02 MANUFACTURE, USE, STORAGE, TRANSFER OR DISTRIBUTION OF
HAZARDOUS MATERIALS UPON OR WITHIN THE PERMIT
Permittee, for itself, its heirs, executors, administrators, and successors covenants
that to the extent that any Hazardous Materials are manufactured, brought upon,
placed, stored, transferred, conveyed or distributed upon or within the Permit Premises,
by Permittee or its subtenant or assigns, or any of its agents, servants, employees, con-
tractors or subcontractors, same shall be done in strict compliance with all Environmen-
tal Laws.
Construction or installation of new or reconstruction of any underground inter-
connecting conveyance facilities for any material or substance is not permitted without
the advance written consent of the Executive Director of the District.
9.03 USE OF PREMISES (RESTRICTIONS - ENVIRONMENTAL)
Permittee shall use the Permit Premises only for purposes expressly authorized by
Article 1.01 of this Permit Agreement. Permittee will not do or permit any act that may
impair the value of the Permit Premises or piny pdrt thereof or that could materially in-
crease the dangers, or pose an unreasonable risk cf 'h�rm, to the health or safety of
• persons to third parties (on or off the Permit Premises) arising from activities thereon, or
that could cause or threaten to cause a public or private nuisance on the Permit Pre-
mises or use Permit Premises in any manner 9) which ,could,ca►iss the Permit Premises to
become a hazardous waste treatment; stsr'.3qe,, oi, dlspo cil facility within the meaning
9
of, or otherwise bring the Permit Premises within the ambit of, the Resource Conservation
and Recovery Act of 1976, Section 6901 et sea, of Title 42 of the United States Code, or
any similar state law or local ordinance, (11) so as to cause a release or threat of re-
lease of Hazardous Materials from the Permit Premises within the meaning of, or other-
wise bring the Easement Premises within the ambit of, the Comprehensive Environmen-
tal Response, Compensation and liability Act of 1980, Section 9601 et sea. of Title 42 of
the United States Code, or any similar state law or local ordinance or any other Envi-
ronmental Law or (111) so as to cause a discharge of pollutants or effluents into any water
source or system, or the discharge into the air of any emissions, which would require a
permit under the Federal Water Pollution Control Act, Section 1251 of Title 33 of the Unit-
ed States Code, or the Clean Air Act, Section 741 of Title 42 of the United States Code, or
any similar state law or local ordinance.
9.04 CONDITION OF PROPERTY (ENVIRONMENTAL)
A. In the event Permittee has used the Permit Premises under a prior Permit
agreement, Permittee warrants and represents that as a result of the Permit grant, the
Permit Premises and improvements thereon, including all personal property, have not
been exposed to release, contamination by any Hazardous Materials, that there has not
been thereon a release, discharge, or emission, of any Hazardous Materials during its
occupancy, of the premises as defined by any Environmental Laws, and that the Permit
Premises do not contain, or are not affected by underground storage tanks, landfills,
land disposal sites, or dumps.
B. In the event of a release, emission, discharge, or disposal of Hazardous •
Materials In, on, under, or about the Permit Premises or the improvements thereon, dur-
ing the term of this Permit (except such release, emission, discharge or disposal by the
District, its employees, agents or its other permittees arising out of or in connection with
the use authorized by the Permit). Permittee will take all appropriate response action,
including any removal and remedial action after the execution date of this Permit
Agreement.
9.05 INDEMNIFICATION (ENVIRONMENTAL)
A. in consideration of the execution and delivery of this Permit Agreement,
the Permittee indemnifies, exonerates, and holds the District and its officers, officials,
Commissioners, employees, and agents ("Indemnified Parties") free and harmless from
and against any and all actions, causes of action, suits, losses, costs, liabilities and
damages and expenses incurred in connection with any of these (irrespective of
whether any such Indemnified Party is a party to the action for which indemnification is
here sought, Including reasonable attorneys fees, costs and disbursements, incurred by
the Indemnified Parties as a result of or arising out of -or relating to (1) the imposition of
any governmental lien for the recovery of environmental cleanup costs expended by
reason of Permittee's activities; or (11) any irvestig'arien, litigation, or proceeding related
to any environmental response, audit, corraplarac�; o� �fher matter relating to the pro-
tection of the environment, resulting from or related to Permittee's activities; or (ill) the
release or threatened release by Permittee, its subsidiaries, or its parent company, of •
any Hazardous Materials, or the presence. nf Haznrdrr+s Mate0nIs on or under the Permit
Premises, (except such presence crea'te;� �by tt�e bi$trict: ifs employees, agents or its
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other permittees), or any property to which the Permittee, its parent company or any of
Its subsidiaries has sent Hazardous Materials, (including any losses, liabilities, damages,
Injuries, costs, expenses, or claims asserted or arising under any Environmental Law), to
the extent caused by or within the control of the Permittee, its parent company or its
subsidiaries, provided that, to the extent District is strictly liable under any Environmental
Laws, Permittee's obligation to District under this indemnity shall be without regard to
fault on the part of the Permittee with respect to the violation of law which results in lia-
bility to the District.
9.06 ENVIRONMENTAL COVENANTS
Permittee agrees to and covenants as follows:
A. Permittee covenants and agrees that, throughout the term of the Permit
Agreement, all Hazardous Materials which may be used by Permittee or person permit-
ted by Permittee upon the Permit Premises shall be used or stored thereon only in a safe,
approved manner, in accordance with all generally accepted industrial standards and
all Environmental laws.
B. Permittee has been issued and is in compliance with all 'permits, certifi-
cates, approvals, licenses, and other authorizations relating to environmental matters
and necessary for its business, if any.
C. Permittee, to the best of its knowledge, is not a potentially responsible par-
ty with respect to any other facility receiving waste of the Permittee (whether or not from
the Permit Premises) under CERCLA or under arty statute providing for financial respon=
sibility of private parties for cleanup or other actions with respect to the release or
threatened release of any Hazardous Materials.
D. Permittee will take all reasonable steps to prevent a violation of any Envi-
ronmental Laws and to assure that there will be no spill, discharge, leaks, emission, in-
jection, escape, dumping, or release of any toxic or Hazardous Materials by any per-
sons on the area to be used and under the Permit Agreement.
E. Permittee will not allow the installation of asbestos on the area described
in Exhibit A or any item, article, container or electrical equipment, including, but not li-
mited to, transformers, capacitors, 'circuit breakers, reclosers, voltage regulators,
switches, electro-magnets and cable, containing PCBs.
F. Permittee shall be responsible to install "plugs" of compacted impermea-
ble soil material at intervals of no greater than 100 feet between such plugs along utility
trenches which have been backfiiled with compacted granular materials in order to mi-
nimize cross -site and off -site environmental contaminant migration. The spacing of
these plugs should be based on the characteristics of the site, the configuration of the
trench or trenches, the characteristics (nature and extent) of the site environmental
contamination, and/or the potential for site r on,?umtnptIon should a surface of subsur-
face chemical release occur. Special ernpl�asis �shvijfd be placed on locating these
plugs at all utility trenches where they cross: other utility trenches, containment berms or
walls, property boundaries, and lease boundaries.
11
G. The aforesaid representations and warranties shall survive the expiration or
termination of the Permit Agreement.
9.07 COVENANTS (ENVIRONMENTAL)
Permittee shall cause its parent company and each of Its respective subsidiaries,
contractors, subcontractors, employees and agents to:
A. (1) Use and operate all of the Permit Premises in compliance with all
applicable Environmental Laws, keep all material permits, approvals, cer-
tificates, and licenses in effect and remain in material compliance with
them;
(2) Undertake reasonable and cost-effective measures to
minimize any Immediate environmental impact of any spill
or leak of any Hazardous Materials caused or permitted by
Permittee;
B. Notify District by telephone within two hours of the release of Hazardous
Materials, including the extent to which the identity of the Hazardous Materials is known,
the quantity thereof and the cause(s) of the release, and provide District within 72 hours
of the event, with copies of all written notices by Permittee, its parent and Its subsidiaries
that are reported to government regulators or received from the governmental regula-
tors.
C. Provide such information that District may reasonably request from time to is
time to determine compliance by the Permittee with this Article.
D. Permittee covenants and agrees to cooperate with District in any Inspec-
tion, assessment, monitoring or remediation instituted by District during the Permit
Agreement.
9.08 COMPLIANCE (ENVIRONMENTAL)
The Permittee will cause its parent company and each of Its subsidiaries, if any,
to exercise due diligence to comply with all applicable treaties, laws, rules, regulations,
and orders of any government authority.
A. In the event of a spill, leak or release of hazardous waste caused by Per-
miNee, its employees or its agents, Permiftee shall conduct a Phase i Environmental As-
sessment, at Its own expense, with respect to the Permit Premises and a reasonable
area of the adjacent property owned by the District, and submit the written report to the
District within 90 days after the spill, leak or discharge. After review of each Phase I En-
vironmental Assessment, District, at its sole d�scretlpn, me require Permittee, at Permit-
tee's expense, to obtain a Phase 11 Envirohmerita! Aases'invent with respect to the pre-
mises used under the Permit Agreemeiiti. The 'written report of the Phase II
Environmental Assessment shall be submitted to District within 120 days of District's re- .
quest for same. If the Phase II Assessment discloses the presence of any Hazardous
Materials contamination on the PerrnWPrsrnisei or:'_bdjaeent' emises, Permittee shall
take immediate action to remediate; fa restore the Permit Pre-
12
mises described- in Exhibit A and adjacent premises owned by the District to a clean
and sanitary condition and to the extent required by any and all environmental laws.
B. Capacitors, transformers, or other environmentally sensitive installations or
Improvements shall be removed at the end of the Permit Agreement, at District's elec-
tion.
C. If any Environmental Assessment reveals, or District otherwise becomes
aware of, the existence of any violation of any Environmental Laws that either Permittee
is unwilling to remedlate or that District is unwilling to accept, District shall have the right
and option to terminate this Agreement and to declare it null and void.
D. in the event Permittee should receive a Notice of- Environmental Problem,
Permittee shall promptly provide a copy to the District, and in no event later than seven-
ty-two (72) hours from Permittee's and any tenant's receipt or submission thereof. "No-
tice of Environmental Problem" shall mean any notice, letter, citation, order, warning,
complaint, inquiry, claim, or demand that: (i) the Permittee has violated, or is about to
violate, any Environmental Laws; (11) there has been a release, or there is a threat of re-
lease, of Hazardous Materials, on the Permit premises, or any improvements thereon;
(III) the Permittee will be liable, in whole or in part, for the costs of cleaning up, reme-
diafing, removing, or responding to a release of Hazardous Materials; (iv) any part of
the Permit Premises or any improvements thereon Is subject to a lien In favor of any go-
vernmental entity for any liability, costs, or damages, under any Environmental Laws,
arising from or costs incurred by such government entity in response to a release of Ha-
zardous Materials, Permittee shall promptly provide a copy to the District, and in no
event later than seventy-two (72) hours from Permittee's and any tenant's receipt or
submission thereof.
9.09 INSPECTION AND RIGHT OF INSPECTION (ENVIRONMENTAL)
A. In the event Permittee gives notice pursuant to the provisions of Notice of
Environmental Problem, within ninety (90) days Permittee shall submit to District a written
report of a site assessment and environmental audit, in scope, form and substance and
prepared by an independent, competent and qualified, professional, registered engi-
neer, satisfactory to the District, showing that the engineer made all appropriate inquiry
consistent with good commercial and customary practice, such that, consistent with
generally accepted engineering practice and procedure, no evidence or indication
came to light which would suggest there was a release of substances on the Permit
Premises which could necessitate an environmental response action, and which de-
monstrates that the Permit Premises complies with, and does not deviate from, all appll-
cable environmental statues, laws, ordinances, rules and regulations, including li-
censes, permits, or certificates required thereunder, and that the Permittee is in
compliance with, and has not deviated from, the representations and warranties pre-
viously set forth.
B. District hereby expressly re3er Ies' 'to itself, its agents, attorneys, em- .
ployees, consultants, and contractors, an iirevor-oblo'k tense and authorization to enter
• upon and inspect the Permit Premises and improvements thereon, and perform such
tests, including without limitation, subsurface testing, soils, and groundwater testing, and
other tests which may physically InvadE the Permit ?mmises,or improvements thereon,
as the District, in its sole discretion, determirwes i�,rret:,ess4ry �o protect its interests.
13
ARTICLE TEN
10.01 Permittee must obtain the written consent of the Skokie Park District,
the lessee of the subject property.
10.02 With respect to discharging into the District's TARP structure located within
Channelside Park, Permittee shall comply with all technical requirements of the District's
Engineering Department's local Sewer System Section must be met including, but not
limited to, the submission of a Notification and Request for Inspection Form along with
final plans to the local Sewer System Section.
10.03 -The Permittee must contact Mr. Steve Whitehead, Senior Civil Engineer, at
847-568-8329, prior to commencing any work.
10.04 The District's bank stabilization project located in close proximity to the
permit premises must not be impacted.
10.05 The Permittee must also coordinate its work with the resident engineer on
District's bank stabilization project, Ms. Atakilt Tsega, Associate Civil Engineer, at 847-
568-8244.
10.06 All District facilities must be protected and 24-hour access maintained,
10.07 Runoff from construction activities and any storm water discharges to the is
North Shore Channel must comply with all applicable terms and conditions of the Dis-
trict's Sewage and Waste Control Ordinance, for the duration of the project.
[THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY]
[SIGNATURE PAGE FOLLOWS]
•
14
•
IN WITNESS WHEREOF, -on the day and year first above written, the parties
ereto have caused these presents, Including Riders and Exhibits, if any, to be duly ex-
ecuted, duly attested and their corporate seals to be hereunto affixed.
ATTEST:
Jacqueline Torres, Clerk
ATTEST:
By:
Title:
METROPOLITAN WATER RECLAMATION 'DISTRICT
OF GREATER CHICAGO
By:
Cynthia M. Santos
Chairman of Committee on Finance
CITY OF EVANSTON
By:
Title:
15
Issuance The Skokie Park District consents to the of this permit dated October 4,
2012, to the City of Evanston and acknowledge that the permit encumbers a 200' x 75'
portion of its leasehold on North Shore Channel Parcel 4.05. By consenting to this Permit
the Skokie Park District is not a party to this Permit Agreement.
SKOKIE PARK DISTRICT
By:
Title:
ATTEST
By:
Title:
U
•
16
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X'� a.
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
The undersigned, a Notary Public in and for said County, in the state
aforesaid, DOES HEREBY CERTIFY that ,
(name)
personally known to me to be the ,
(title)
Of , a municipal corporation, and
(village/town/city)
, personally known to me to be
(name)
r
the of said municipal corporation
(title)
and personally known to me to be same persons whose names are subscribed
to the foregoing instrument, appeared. before me this day in person and severally
acknowledged that as such •
(title)
and
(title contd.) (title)
of said corporation, duly executed said instrument in behalf of said municipal
corporation and caused its corporate seal to be affixed thereto pursuant to
authority given by the corporate authority of said municipal corporation, as
its free and voluntary act and as the free and voluntary act and deed of said
municipal corporation, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this day of , A.D.
20
NotarV, Public;
My Commission expires:
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
The undersigned, a Notary Public in and for said County, in the state
aforesaid, DOES HEREBY CERTIFY that ,
(name)
personally known to me to be the ,
(title)
of , a municipal corporation, and
(village/town/city)
personally known to me to be
(name)
the of said municipal corporation
(title)
and personally known to me to be same persons whose names are subscribed
to the foregoing instrument, appeared before me this day in person and severally
acknowledged that as such
(title)
and
(title contd.) (title)
of said corporation, duly executed said instrument in behalf of said municipal
corporation and caused its corporate seal to be affixed thereto pursuant to
authority given by the corporate authority of said municipal corporation, as
its free and voluntary act and as the free and voluntary act and deed of said
municipal corporation, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this day of , A.D.
20 .
Notary huiriic
My Commission expires:
•
STATE OF ILUNOIS )
) SS.
COUNTY OF COOK )
I, Notary Public In and for said
County, in the State aforesaid, DO HEREBY CERTIFY that Cynthia M: Santos
personally known to me to be the Chairman of the Committee on Finance of the
Board of Commissioners of the Metropolitan Water Reclamation District of Greater
Chicago, a municipal corporation, and ]acqueline Torres, personally known to me to
be the Clerk of said municipal corporation, and personally known to me to be the
same persons whose names are subscribed to the foregoing Instrument, appeared
before me this day in person and severally acknowledged that as such Chairman of
the Committee on Finance and such Clerk, they signed and delivered the said
instrument as Chairman of the Committee on Finance of the Board of
Commissioners and Clerk of said municipal corporation, and caused the corporate
seal of said municipal corporation to be affixed thereto, pursuant to authority given
by the Board of Commissioners of said municipal corporation, as their free and
voluntary act and as the free and voluntary act and deed of said municipal
corporation, for the uses and purposes therein set forth. - - - - "
GIVEN under my hand and Notarial Seal this day of ,
A.D. 20
Notary Public
My Commission expires:
•
APPROVED AS TO FORM AND LEGALITY:
Head Assistant Attorney
General Counsel
APPROVED:
Executive Director
•
•
RECEIVED:
Fee
Insurance
Bond
82-R-12
EXHIBIT B •
Skokie Park District Channelside Park Permit
•
:7
-3-
•
Memo
PARK DISTRICT
To: David Stonebeck, City of Evanston, Director of Utilities
From: Michael R. Rea, Assist. Supt. of Parks
CC: John Ohrlund, Executive Director, Skokie Park District
Date: 8/28/2012
Re: Pennit #02124M Channelside Paris
Thank you for taking the time to meet with John Ohrlund and myself on Friday June 22"d. As requested
we have reviewed the proposed construction yard as well as a site review and have the following
concerns which will need to be addressed prior to granting construction access:
Pre -Construction Meeting: Before any work commences along your sanitary sewer easement inside
Channelside Park, we would request a preconstruction meeting with your agency and your contractor.
We will want to review the layout of the proposed construction yard as it relates to our irrigation system
• as well as the soccer complex and more importantly the proposed schedule or duration of this project.
Tree protection: All tree root zones shall be protected from any and all additional damage such as soil
compaction by equipment or physical damage to the tree trunks by construction equipment. In addition
No construction debris or materials will be allowed to be placed over the root zones of any tree on park
property. Any tree(s) damaged or removed as result of this project will be replaced at the contractor's
expense and only after approval by the Park District.
Construction Fence: A construction fence of approximately 75' x 200' will be erected and maintained
around the proposed construction yard throughout the project; special care will be taken to avoid
damaging the existing trees and irrigation system during its installation. If trees need to be pruned back
the contractor will call the Park District for approval prior any pruning activity. Contact Steve Ames,
Landscape Supervisor, he can be reached at 847-674-1500 X 2804. Access shall not be restricted to
the north gates of Pooch Park. The contractor will make every effort to keep an access path open at all
times for all park patrons. Contractor shall also install and maintain warning signs "Warning, Danger,
Keep Out, No Trespassing" or similar every 50' (fifty) along the construction fence facing the park side.
Fence Protection/Replacement: The existing fence along the east walk shall be protected or replaced
by the contractor with equal grade fencing or better upon the completion of the project if damaged. A
PDF copy of our minimum fencing standard/specification is attached for your review and use should it
be necessary to repair or replace the fence.
Turf Restoration Requirements: Attached is a PDF with our specific turf restoration standards which
must be followed, staff will need to approve all products as well as inspect each step in the restoration
process. Please pay special attention to the time requirements which are crucial for a successful stand
of turf grass. If sod is to be used the timing will be very critical for a spring restoration as soccer starts its
season in Mid -March.
Utilities/infrastructure: Should any utility be uncovered or damaged during the construction, it must
be brought to the Park District's attention immediately, If damaged it must be repaired at the
contractor's expense.
Insurance Requirements: Attached are the insurance requirements as required by our Risk
Management agency P.D.R.M.A. The Skokie Park District must be named as additional insured for the
entire duration of this project. No work will be allowed to commence on District property without the
coveraae as specked in place.
Storage/Moving/Construction: No construction activity will be allowed on or from Park District
Property (other than the proposed construction vard) includina but not limit to: demolition. excavation,
formina. concrete delivery and pounho. material deliverv/handlina, storaae. erectlnq, utility work. vehicle
or eauipment drivina, parkin or storaae. See the Ordinance section below regarding work on or near
District Property.
Skokie Park District Ordinance
Page 37, Section E. Structures and Work on District Property.
1. Work Permit Reauired
No person shall conduct or direct any of the following activity without first obtaining a work permit from
the Director:
a) make an opening in park property, pavement, side or cross walk or dig a hole, ditch, or drain in
or remove any sod, stone, earth or gravel from any public way or other public place;
b) use any portion of District Property including sidewalks and parkways during the construction,
reconstruction, alteration, wrecking, or tearing down any building or structure or for the storage
or delivery of building materials and equipment; •
c) place, any shaft, cable, pipe, main, conduit, wire, or other transmitting or conducting device
over, on or under the surface of park property or public place;
d) construct, build, establish, or maintain any driveway over, across or upon District Property;
e) remove any manhole cover, handhold cover, or catch basin/ inlet cover on any public way or
other District property for any purpose including inspecting or maintaining any underground
work or utility; on any public way or District property for the purpose of inspecting and
maintaining any underground work or utility;
f) use space under any sidewalk or parkway in such a manner as to affect or interfere with any
sewer or pipe or any other work lawfully in District Property;
g) construct, maintain, or use any canopy upon a District Property;
h) build, rebuild, remove, or repair any sidewalk, walk from sidewalk to curb, carriage walk, or
concrete any lawn space;
i) use District roadways during the construction, reconstruction, alteration, wrecking, or tearing
down of any building or structure(s);
j) use of any ladder, scaffolding or other similar devices upon or over District Property for the
purposes of maintaining or repairing any private building or structure, or for hanging signs or
changing the lettering on private signs; or
i
9 Page 2
•
r]
k) move on, along or across any public way or other District Property, any building or structure or
any machinery, equipment, or personal equipment in excess of 10 (ten) tons.
3. Requlrements for Issulna a Permit
The Director or his/her designee shall not issue any work permit authorized by this chapter until
he/she shall have been fully advised of the time, place, and character of such work and the
purpose thereof. All applications for permits shall be accompanied by a plat, pencil tracing or
sketch showing the location, character and dimensions of any proposed work, or any alterations
involving changes in location of pipes, conduits, wire or other conductors. The District may
require such additional drawings, surveys, or other information as he/she may consider
necessary or desirable to establish the scope, character, and location of the work intended to be
done and shall deny any application for permit unless or until such requirements are fulfilled.
All Requirements are agreed to and will be met before any construction activity starts as
indicated by the signature below.
Permit #0212-002
City of Evanston
2100 Ridge Avenue
Evanston, IL 60201
Skokie Park District
9300 Weber Park Place
Skokie, IL 60077
0 Page 3
MIN Bobkiewicz, City Manaqer
Print Name and Title
Signature
John V. Ohrlund
Executive Director — Print Name
Signature
Skokie Park District
Turf Restoration Top Soil and Fertilization Requirements
Top Soil
6" of clean pulverized top soil shall be respreads uniformly over the re -graded areas following all
construction activities.
Fertilizer ADDlication Prior to Seedine
10-18-18 with 30% Nutralene
Nitrogen 10%
Phosphoric Acid 18%
Potash 18%
Fertilizer blend shall be broad cast over the area prepared for restoration and tilled into the top 3" of
soil at a rate of 5.5 lbs. per 1,000 square feet. or 240 lbs. / acre prior to seeding.
Fertilizer ADolication after Seeding
25-0-10
•
Nitrogen 25%
Phosphoric Acid 00%
Potash 10%
Sulfur 10%
Common Area Seed Blend
Portion by Weieht Name of Grass Puritv Percent Germination
80% Blended Blue Grass 90% 80%
(Midnight, Columbia
NuGlade, Rugby II, or
Bluemoon) Use at least 4
20% Perennial Rye (Roadrunner 98% 80%
it
Manhattan III, Charger 11
And Catalina 10%)
Seed blend shall be applied at a rate of Not Less Than 5.0 lbs. per 1,000 square feet area or 220 lbs.
/acre. Seeding shall take place between the following dates only:
March I" through June 15th OR August 15`h through November 1S` unless otherwise directed by the Park
District.
Seed bed will be covered with Hydro Mulch at a rate of NOT Less than 1500 lbs. / acre with a tacifier at a
minimum rate of 15 gallons per acre.
All areas restored shall be maintained for a minimum of 60 days in order to establish a uniform stand
of turf at the expense of the contractor.
•
•
SECTION 02820-A
ALUMINIZED FABRIC ON GALVANIZED FRAMEWORK
CHAIN LINK FENCE
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Aluminum coated chain link fencing and accessories for commercial and industrial use.
1.02 RELATED SECTIONS
A. Section 03300 - Cast -In -Place Concrete
1.03 SUBMITTALS
A. Shop drawings: Layout of fences and gates with dimensions, details, and finishes of
components, accessories, and post foundations.
B. Product data: Manufacturer's catalog cuts indicating material compliance and specified
options.
C. Samples: If requested, samples of materials (e.g., fabric, wires, and accessories).
PART 2 PRODUCTS
2.01 MANUFACTURER
C
•
A. Obtain link fences and gates, including accessories, fittings, fastenings, from a single
source.
B. Approved Manufacturer: Master Halco, West Chicago, IL
Phone (800) 899-6113 Fax (630) 293-5568
2.02 CHAIN LINK FENCE FABRIC (see index for selections)
A. Aluminized wire: Aluminum coated wire, ASTM A 491 - 6 or 9 ga., .4 oz/sf [wire spec.
A817-831 as shown and noted on the plans.
B. Size: Helically wound and woven to height as indicated on the plans with 2" diamond
mesh, with gauge as noted on the plans.
C. Selvage of fabric shall be knuckled at top and knuckled at the bottom.
2.03 STEEL FENCE FRAMING i
Section 02820-A, Page 1 of 5
• A. Steel pipe - Type l: ASTM F 1083, standard weight schedule 40; minimum yield
strength of 25,000 psi (170 MPa); sizes as indicated. Hot -dipped galvanized with
minimum average 1.8 oz/ft2 (550 g/m2) of coated surface area.
B. Steel pipe - Type II: Cold formed and welded steel pipe complying with ASTM F 1043,
Group IC, with minimum yield strength of 50,000 psi (344 MPa), sizes as indicated.
Protective coating per ASTM F 1043, external coating Type B, zinc with organic
overcoat, 0.9 oz/ft2 (275 g/m2) minimum zinc coating with chromate conversion coating
and verifiable polymer film. Internal coating Type B, minimum 0.9 oz/ft2 (275 g/m2) zinc
or Type D, zinc pigmented, 81 % nominal coating, minimum 3 mils (0.08 mm)
thick.
C. Framework Selection - See Framework Selection Table as follows:
Framing Members
I Type I
Type 11
Round Pipe
Round Pipe
Terminal Posts:
End, corner, and
Pull (based on
fabric height)
16 ft (1830 mm) or less
Outside Dim. (inches)
2.375
2.375
(mm)
60.3
60.3
Wall (inches)
0.154
0.130
Thickness (mm)
3.91
3.30
Weight (lb/ft)
3.65
3.117
1
(kg/m)
5.4
4.64
Over Eft (1830 mm)
•
Outside Dim. (inches)
2.875
2.873
I
(mm)
73.0
73.0
Wall (inches)
0.203
0.160
I
Thickness (mm)
5.16
4.06
Weight (lb/ft)
9.11
6.56
(kg/m)
13.6
9.78
Line Posts (based on
Fabric height)
6ft (1830 mm) or less
Outside Dim. (inches)
1.900
1.900
(mm)
48.3
48.3
Wall (inches)
0.145
0.120
I
Thickness (mm)
3.68
3.05
Weight (lb/ft)
2.72
2.281
(kg/m)
3.65
3.30
Over 6 ft (1830 mm)
Outside Dim. (inches)
2.375
2.375
To 8 ft (2440 mm)
(mm)
60.3
60.3
Wall (inches)
0.154
0.130
Thickness (mm)
3.91
3.30
i
Weight (lb/ft)
3.65
3.117
(kg/m)
5.4
4.64
f Over 8 ft (2440 mm)
Outside Dim. (inches)
2.875
2.875
(mm)
73.0
73.0
•
Wall (inches)
0.203
0.160
Thickness (mm)
5.16
4.06
Section 02820-A, Page 2 of 5
•
Weight (iblft)
5.79
4.65
(kg/m)
8.6
6.91
Rails and Braces Outside Dim. (inches)
1.660
1.660
(mm)
42.2
42.2
Wall (inches)
0.140
0.111
Thickness (mm)
3.56
2.82
Weight (lb/ft)
2.27
1.83.
(kg/m)
3.4
2.72
2.04 GATES
A. Chain link swing gates as specified in Section 02820-C.
2.05 ACCESSORIES
A. Chain link fence accessories: [ASTM F 626] Provide items required to complete fence
system. Galvanize each ferrous metal item and finish to match framing.
B. Post caps: Formed steel weathertight closure cap for tubular posts. Provide one cap
for each post. Where top rail is used, provide tops to permit passage of top rail.
C. Top rail and brace rail ends: Pressed steel per ASTM F626, for connection of rail and
brace to terminal posts. .
D. Top rail sleeves: 6" sleeve, allowing for expansion connection.
E. Wire ties: 9 gauge [0.148" (3.76 mm)] galvanized steel wire for attachment of fabric to
line posts. Double wrap 13 gauge [0.092" (2.324 mm)] for rails and braces. Hog ring
ties of 12-1/2 gauge [0.0985" (2.502 mm)] for attachment of fabric to tension wire.
F. Brace and tension (stretcher bar) bands: Pressed steel.
G. Tension (stretcher) bars: One piece lengths equal to 2 inches (50 mm) less than full
height of fabric with a minimum cross-section of 3/16" x 3/4" (4.76 mm x 19 mm).
Provide tension (stretcher) bars where chain link fabric meets terminal posts.
H. Tension wire: Aluminum coated steel wire, 7 gauge, [0.177" (4.5 mm)] diameter core
wire with tensile strength of 75,000 psi (517 MPa).
Truss rods & tightener: Steel rods with minimum diameter of 5/16" (7.9mm). Capable of
withstanding a tension of minimum 2,000 lbs.
J. Nuts and bolts are galvanized.
2.06 SETTING MATERIALS •
Section 02820-A, Page 3 of 5
A. Concrete: Minimum 28 day compressive strength of 3,000 psi 20 MPa .
PART 3 EXECUTION
3.01 EXAMINATION
A. Verify areas to receive fencing are completed to final grades and elevations.
B. Ensure property lines and legal boundaries of work are clearly established.
3.02 CHAIN LINK FENCE FRAMING INSTALLATION
A. Install chain link fence in accordance with ASTM F 567 and manufacturer's instructions.
B. Locate terminal post at each fence termination and change in horizontal or vertical
direction of 30° or more.
C. Space line posts uniformly at 10' on center.
D. Concrete set terminal and gate posts: Drill holes in firm, undisturbed or compacted soil.
Holes shall have diameter 4 times greater than outside dimension of post, and depths
approximately 6"(152 mm) deeper than post bottom. Excavate deeper as required for
adequate support in soft and loose soils, and for posts with heavy lateral loads. Set
post bottom 36" (914 mm) below surface when in firm, undisturbed soil. Place concrete
around posts in a continuous pour. Trowel finish around post. Slope to direct water
away from posts.
E. Check each post for vertical and top alignment, and maintain in position during
placement and finishing operations.
F. Bracing: Install horizontal pipe brace at mid -height for fences 6' (1829 mm) and over,
on each side of terminal posts. Firmly attach with fittings. Install .diagonal truss rods
at these points. Adjust truss rod, ensuring posts remain plumb.
G. Tension wire: Provide tension wire at bottom of fabric [and at top, if top .rail is not
specified]. Install tension wire before stretching fabric and attach to each post with
ties. Secure tension wire to fabric with 12-1/2 gauge [0.0985" (2.502 mm)) hog rings
24" (610 mm) oc.
H. Top rail: Install lengths, 21' (6400 mm). Connect joints with sleeves for rigid
connections.
I. Center Rails (for fabric height 6' and over). Install mid rails between posts with fittings
and accessories.
K. Bottom Rails: Install bottom rails between posts with fittings and accessories.
Section 02820-A, Page 4 of 5
•
3.03 CHAIN LINK FABRIC INSTALLATION
A. Fabric: Install fabric on security side and attach so that fabric remains in tension after
pulling force is released. Leave approximately 1" (25 mm) between finish grade and
bottom selvage. Attach fabric with wire ties to line posts at 15" (381 mm) on center and
to rails, braces, and tension wire at 24" (600 mm) on center.
B. Tension (stretcher) bars: Pull fabric taut; thread tension bar through fabric and attach
to terminal posts with bands or clips spaced maximum of 15" (381 mm) on center.
3.04 ACCESSORIES
A. Tie wires: Bend ends of wire to minimize hazard to persons and clothing.
B. Fasteners: Install nuts on side of fence opposite fabric side for added security.
3.05 CLEAN-UP AND ACCEPTANCE
A. Clean up debris and unused material, and remove from the site.
End of Section 02820-A
•
Section 02820-A, Page 5 of 5
•
SECTION 02820-C
CHAIN LINK SWING GATES
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Permafused II TM Polyolefin coated chain link swing gates and hardware.
1.02 RELATED SECTIONS
A. Section 03300 - Cast-ln-Place Concrete
1.03 SUBMITTALS
A. -Shop drawings: Layout of fences and gates with dimensions, details, and finishes
of components, accessories, and post foundations.
B. Product Data: Manufacturer's catalog cuts indicating material compliance and
specified options.
• C. Samples: Color selections for Polyolefin finishes. If requested, samples of
materials (e.g., fabric, wires, and accessories).
PART 2 PRODUCTS,
2.01 MANUFACTURER
A. Obtain chain link fences and gates, including accessories, fittings, and fastenings,
from a single source.
B. Approved Manufacturer: Master Halco / Anchor Fence, Orange, CA Phone (800)
229-5615 Fax (714) 385-0104
2.02 CHAIN LINK SWING GATES
A. Gate frames: Fabricate chain link swing gates in accordance with ASTM F 900
using [galvanized steel tubular members, 2" (50 mm) square, weighing 2.60 lb/ft
(3.87 kg/m)] [or] [aluminum tubular members, 2" (50 mm) square, weighing 0.94
lb/ft (1.39 kg/m)]. Fusion or stainless steel welded connections forming rigid one-
piece unit. Polyolefin coated frames thermally fused with minimum 10 mils (0.254
• mm) per ASTM 1043 (after fabrication). Coatina before fabrication will not be
allowed. (if gate frame is not to be polyolefin coated eliminate reference to
polyolefin coating.
Section 02820-C, Page 1 of 4
For gates over 8' (2438 mm) high or 15' (4572 mm) wide, provide minimum 1-1/2"
(38 mm) square additional horizontal and vertical interior members to ensure proper
strength.
B. Chain link fence fabric: Permafused 11 T' Polyolefin coating, thermally fused to
metallic coated steel wire, ASTM F 668, Class 2b, in Midnight Black. Color, mesh,
and gauge [to match fence]. Install fabric with hook bolts and tension bars at all 4
sides (no substitution). Attach to gate frame at not more than 16" (381 mm) on
center.
C. Hardware materials: Hot dipped galvanized steel or malleable iron shapes to suit
gate size. [Field coat moveable parts (e.g. hinges, latch, keeper, and drop bar) with
Polyolefin touch up paint, provided by manufacturer, to match adjacent finishes].
D. Hinges: Structurally capable of supporting gate leaf and allow opening and closing
without binding. Non -lift-off type hinge design shall permit gate to swing [180* (3.14
rad) inward] [or] [1800 (3.14 rad) outward].
E. Latch: Page type capable of retaining gate in closed position and have provision
for padlock. Latch shall permit operation from either side of gate.
F. Keeper: Provide keeper for each gate leaf over 5' (1524 mm) wide. Gate keeper
shall consist of mechanical device for securing free end of gate when in full open
position.
G. Double gates: Provide drop rod to hold inactive leaf. Provide gate stop pipe to
engage center drop rod. Provide Pioneer type locking device and padlock eyes as
an integral part of latch, requiring one padlock for locking both gate leaves.
H. Gate posts: [Steel pipe [ASTM F 1083] standard weight schedule 40; minimum
yield strength of 25,000 psi (170 MPa)] [or] [Steel square sections (ASTM A 500,
Grade B) having minimum yield strength of 40,000 psi (275) MPa] size as indicated.
Hot -dipped galvanized with minimum 1.8 oz/ft2 (550 kg/m2) of zinc [or respective
material finished in accordance with ASTM F 1043].
Gate leaf sinale width
6 ft (1829 mm) or less
6 ft (1829 mm)
to 12 ft (3657 mm)
12 ft (3657 mm)
to 19 ft (5790 mm)
19 ft (5790 mm)
to 23 ft (7010 mm)
Post Size (Round)
2.876 in (73 mm)
4.00 in (101.6 mm)
6.625 in (168.3 mm)
8.625 in (219.1 mm)
Weight
5.79 lb/ft (8.6 kg/m)
9.11 lb/ft (13.6 kg/m)
18.97 Ib/ft (28.3 kg/m)
28.55 lb/ft (42.5 kg/m)
•
•
Section 02820-C, Page 2 of 4
•
E'
Gate leaf single width
Post Size (Sauare)
Weiaht
6 ft (1829 mm) or less
2.5 in (63.5 mm)
5.1 lb/ft (7.54 kg/m)
(3/16" wall) (4.76 mm)
6 ft (1829 mm)
4.0 in (101.6 mm)
to 12 ft (3657 mm)
3/16" wall) (4.76 mm)
9.59 lb/ft (14.18 kg/m)
12 ft (3657 mm)
6.0 in (152.4 mm)
14.65 lb/ft (21.67 kg/m)
to 19 ft (5790 mm)
(3/16" wall) (4.76 mm)
19 ft (5790 mm)
8.0 in (203.2 mm)
25.44 lb/ft (37.63 kg/m)
to 23 ft (7010 mm)
(1/4" wail) (6.35 mm)
Black color [to match chain link fence].
2.03 SETTING MATERIALS
• A. Concrete: Minimum 28 day compressive strength of 3,000 psi (20 MPa).
PART 3 EXECUTION
3.01 EXAMINATION
A. Verify areas to receive fencing are completed to final grades and elevations.
B. Ensure property lines and legal boundaries of work are clearly established.
3.02 CHAIN LINK SWING GATE POST INSTALLATION
A. Install gate posts in accordance with manufacturer's instructions.
B. Concrete set gate posts: Drill holes in firm, undisturbed or compacted soil. Holes
shall have diameter 4 times greater than outside dimension of post, and depths
approximately 6" (152 mm) deeper than post bottom. Excavate deeper as required
for adequate support in soft and loose soils, and for posts with heavy lateral loads.
Set post bottom 36" (914 mm) below surface when in firm, undisturbed soil. Place
concrete around posts in a continuous pour. Trowel finish around post and slope to
• direct water away from posts.
C. Gate posts and hardware: Set keeper, stops, sleeves into concrete. Check each
post for vertical and top alignment, and maintain in position during placement and
finishing operations.
Section 02820-C, Page 3 of 4
•
3.03 GATE INSTALLATION
A. Install gates plumb, level, and secure for full opening without interference.
B. Attach hardware by means, which will prevent unauthorized removal.
C. Adjust hardware for smooth operation.
D. Touch up hardware (see 2.04 C.)
3.04 CLEANING
A. Clean up debris and unused material, and remove from the site.
Section 02820-C, Page 4 of 4
•
INSURANCE REQUIREMENTS
CONSTRUCTION PROJECTS - LARGE IN SCOPE AND USING GENERAL CONTRACTOR
Contractor shall obtain insurance of the types and in the amounts listed below.
A. Commercial General and Umbrella Liability Insurance
Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella
insurance with a limit of not less that $5,000,000 each occurrence. If such CGL insurance contains a
general aggregate limit, it shall apply separately to this project/location. .
CGL insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 10 93,
or a substitute form providing equivalent coverage, and shall cover liability arising from premises,
operations, independent contractors, products -completed operations, personal injury and advertising
injury, and liability assumed under an insured contract (including the tort liability of another assumed
in a business contract).
Owner shall be included as an insured under the CGL, using ISO additional insured endorsement CG
20 10 or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This
insurance shall apply as primary insurance with respect to any other insurance or self-insurance
afforded to Owner. Any insurance or self-insurance maintained by the Owner shall be excess of the
Contractor's insurance and shall not contribute with it.
There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability
arising from pollution, explosion, collapse, or underground property damage.
B. Continuing Completed Operations Liability Insurance
Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella
liability insurance with a limit of not less than $5,000,000 each occurrence for at least three years
following substantial completion of the work.
Continuing CGL insurance shall be written on ISO occurrence form CG 00 01 10 93, or substitute
form providing equivalent coverage, and shall, at minimum, cover liability arising from products -
completed operations and liability assumed under an insured contract.
Continuing CGL insurance shall have a products -completed operations aggregate of at least two times
its each occurrence limit.
Continuing commercial umbrella coverage, if anv, shall include liability coverage for damage to the
insured's completed work equivalent to that provided under ISO form CG 00 01.
C. Business Auto and Umbrella Liability Insurance
• Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability
insurance with a limit of not less than $2,000,000 each accident. Such insurance shall cover liability
arising out of any auto including owned, hired and non -owned autos.
•
Business auto insurance shall be written on Insurance Services Office (ISO) form CA 00 01, CA 00
05, CA 0012, CA 00 20, or a substitute form providing equivalent liability coverage. If necessary, the
policy shall be endorsed to provide contractual liability coverage equivalent to that provided in the
1990 and later editions of CA 00 01.
D. Workers' Compensation Insurance
Contractor shall maintain workers' compensation as required by statute and employers liability
insurance. The commercial umbrella and/or employer's liability limits shall not be less than
$1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury
by disease.
If Owner has not been included as an insured under the CGL using ISO additional insured
endorsement CG 20 10 under the Commercial General and Umbrella Liability Insurance required in
this Contract, the Contractor waives all rights against Owner and its officers, officials, employees,
volunteers and agents for recovery of damages arising out of or incident to the Contractor's work.
E. General Insurance Provisions
1. Evidence of Insurance
Prior to beginning work, Contractor shall furnish Owner with a certificate(s) of insurance and
applicable policy endorsement(s), executed by a duly authorized representative of each insurer,
showing compliance with the insurance requirements set forth above. •
All certificates shall provide for 30 days' written notice to Owner prior to the cancellation or material
change of any insurance referred to therein. Written notice to Owner shall be by certified mail, return
receipt requested.
Failure of Owner to demand such certificate, endorsement or other evidence of full compliance with
these insurance requirements or failure of Owner to identify a deficiency from evidence that is
provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance.
Owner shall have the right, but not the obligation, of prohibiting Contractor or any subcontractor from
entering the project site until such certificates or other evidence that insurance has been placed in
complete compliance with these requirements is received and approved by Owner.
Failure to maintain the required insurance may result in termination of this Contract at Owner's
option.
With respect to insurance maintained after final payment in compliance with a requirement above, an
additional certificate(s) evidencing such coverage shall be promptly provided to Owner whenever
requested.
Contractor shall provide certified copies of all insurance policies required above within 10 days of
Owner's written request for said copies. 0
L.J
2. Acceptability of Insurers
For insurance companies which obtain a rating from A.M. Best, that rating should be no less than A
VII using the most recent edition of the A.M. Best's Key Rating Guide. If the Best's rating is less
than A VII or a Best's rating is not obtained, the Owner has the right to reject insurance written by an
insurer it deems unacceptable.
3. Cross -Liability Coverage
If Contractor's liability policies do not contain the standard ISO separation of insureds provision, or a
substantially similar clause, they shall be endorsed to provide cross -liability coverage.
4. Deductibles and Self -Insured Retentions
Any deductibles or self -insured retentions must be declared to the Owner. At the option of the Owner,
the Contractor may be asked to eliminate such deductibles or self -insured retentions as respects the
Owner, its officers, officials, employees, volunteers and agents or required to procure a bond
guaranteeing payment of losses and other related costs including but not limited to investigations,
claim administration and defense expenses.
5. Subcontractors
Contractor shall cause each subcontractor employed by Contractor to purchase and maintain insurance
of the type specified above. When requested by the Owner, Contractor shall furnish copies of
certificates of insurance evidencing coverage for each subcontractor.
F. Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner
and the Architect and their officers, officials, employees, volunteers and agents from and against all
claims, damages, losses and expenses, including but not limited to legal fees (attorneys' and
paralegals' fees and court costs), arising out of or resulting from the performance of the Contractor's
work, provided that any such claim, damage, loss or expense (i) is attributable to bodily injury,
sickness, disease or death, or injury to or destruction of tangible property, other than the work itself,
including the loss of use resulting there from and (ii) is caused in whole or in part by any wrongful or
negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed
by any of them or anyone for whose acts any of them may be liable, except to the extent it is caused in
part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or
otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any
parry or person described in this Paragraph. Contractor shall similarly protect, indemnify and hold and
save harmless the Owner, its officers, officials, employees, volunteers and agents against and from any
and all claims, costs, causes, actions and expenses including but not limited to legal fees, incurred by
reason of Contractor's breach of any of its obligations under, or Contractor's default of, any provision
of the Contract.
FALRNFazUNSURANCE REQUIREMENTS\292 Construction Large Using General Contractor.doc
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