HomeMy WebLinkAbout127-R-22 Authorizing the City Manager to Execute an Intergovernmental Agreement with the Metropolitan Water Reclamation District of Greater Chicago for the Green Infrastructure Partnership Program12/12/2020
127-R-22
A RESOLUTION
Authorizing the City Manager to Execute an Intergovernmental
Agreement with the Metropolitan Water Reclamation District of
Greater Chicago for the Green Infrastructure Partnership Program
WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and the
Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorize and
encourage intergovernmental cooperation; and
WHEREAS, the Parties are “public agencies” within the meaning of the
Illinois Intergovernmental Cooperation Act; and
WHEREAS, improvements to Main Street, from Maple Avenue to Hinman
Avenue, are to be made pursuant to Evanston’s Main Street Improvements Project; and
WHEREAS, the aforementioned portion of Main Street will include porous
pavement green infrastructure; and
WHEREAS, the City and the Metropolitan Water Reclamation District of
Greater Chicago (MWRDGC) wish to associate, cooperate, and enter into an
Intergovernmental Agreement to define each Parties’ rights and responsibilities to the
construction contemplated for Main Street (“Agreement”). The Agreement is attached
hereto as Exhibit A ; and
WHEREAS, the Evanston City Council has determined that it will serve
and be in the best interest of the City to enter into the Agreement with MWRDGC;
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
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127-R-22
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SECTION 1: The City Council hereby adopts the foregoing recitals as its
findings, as if fully set forth herein.
SECTION 2: The City Council hereby approves, pursuant to the City of
Evanston’s home rule power, the Agreement in the form attached to this Resolution as
Exhibit A.
SECTION 3: The City Manager is hereby authorized to sign the
“Intergovernmental Agreement by and between the City of Evanston and the
Metropolitan Water Reclamation District of Greater Chicago for the Design,
Construction, Operation and Maintenance of the Main Street Improvements Project in
Evanston, Illinois”, attached hereto as Exhibit A and incorporated herein by reference.
SECTION 4: This Resolution shall be in full force and effect from and after
its passage and approval in the manner provided by law.
______________________________
Daniel Biss, Mayor
Attest:
_____________________________
Stephanie Mendoza, City Clerk
Adopted: ________________, 2022
Approved as to form:
_______________________________
Nicholas E. Cummings, Corporation Counsel
December 12
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127-R-22
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EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
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INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF
EVANSTON AND THE METROPOLITAN WATER RECLAMATION DISTRICT OF
GREATER CHICAGO FOR THE DESIGN, CONSTRUCTION, OPERATION AND
MAINTENANCE OF THE MAIN STREET IMPROVEMENTS PROJECT IN
EVANSTON, ILLINOIS
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) entered into, by and
between the Metropolitan Water Reclamation District of Greater Chicago (“MWRDGC”), a unit
of local government and corporate and body politic organized and existing under the laws of the
State of Illinois, and the City of Evanston (“City”), a municipal corporation and home rule unit
of government organized and existing under Article VII, Section 6 of the 1970 Constitution of
the State of Illinois. Together, MWRDGC and the City may be referred to as the “Parties” and
each individually as a “Party.”
WITNESSETH:
WHEREAS, on November 17, 2004, Public Act 093-1049 amended the Metropolitan
Water Reclamation District Act (“Act”) in various ways; and
WHEREAS, the Act, as amended, declares that stormwater management in Cook
County, Illinois is under the general supervision of MWRDGC; and
WHEREAS, Public Act 098-0652 amended the Act again on June 18, 2014 by
specifically authorizing MWRDGC to plan, implement, and finance activities relating to local
stormwater management projects in Cook County; and
WHEREAS, one component of MWRDGC’s stormwater management program includes
green infrastructure, which is defined as the range of stormwater control measures that use
plant/soil systems, permeable pavement, stormwater harvest and reuse, or native landscaping to
store, infiltrate, and/or evapotranspirate stormwater and reduce flows to sewer systems or to
surface waters as set forth at 33 U.S.C. § 1362 (27); and
WHEREAS, MWRDGC is committed to implementing a Green Infrastructure Program
Plan in conformance with Appendix E, Section II (C) of the consent decree entered into in
United States, et al., v. Metropolitan Water Reclamation District of Greater Chicago, Case No.
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1:11-cv-08859 (N.D. Ill. 2014), and MWRDGC’s formal commitment in this Agreement is
intended to satisfy that obligation; and
WHEREAS, the City is located within the boundaries of Cook County, Illinois; and
WHEREAS, pursuant to 65 ILCS 5/11-110-1, et seq., the City is empowered to construct
and maintain green infrastructure and manage water, sewers, and stormwater within its corporate
limits; and
WHEREAS, the City proposes constructing permeable parking lanes using permeable
pavers in the following locations in Evanston, Illinois, for the public benefit of reducing flooding
and providing green infrastructure in the general area (“Public Benefit”): along Main Street
bounded by Maple Avenue to the west and Hinman Avenue to the east; and
WHEREAS, the proposed green infrastructure installations at the above-cited location(s)
will further MWRDGC’s goal of informing the public of the value of green infrastructure and
will provide the total design retention capacity set forth in Article 2 of this Agreement, which is
in addition to any retention capacity that the City must comply with under local, regional, state,
or other regulations for stormwater management; and
WHEREAS, the City intends to design, construct, operate, maintain, and own the
proposed green infrastructure installations; and
WHEREAS, the City’s plans to construct the proposed green infrastructure installations
may be accomplished more effectively, economically, and comprehensively with the City and
MWRDGC cooperating and using their joint efforts and resources; and
WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., and Section
10 of Article VII of the Illinois Constitution, allow and encourage intergovernmental
cooperation; and
WHEREAS, on November 17, 2022, MWRDGC’s Board of Commissioners authorized
MWRDGC to enter into an intergovernmental agreement with the City; and
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WHEREAS, on December 12, 2022, the City Council of the City of Evanston, Cook
County, Illinois authorized the City to enter into an intergovernmental agreement with
MWRDGC; and
NOW THEREFORE, in consideration of the mutual covenants and agreements
contained in this Agreement and for other good and valuable consideration, the City and
MWRDGC agree as follows:
Article 1. Incorporation of Recitals
The above recitals are incorporated by reference and made a part of this Agreement.
Article 2. Scope of Work
1. The work contemplated by this Agreement will include design, construction, operation, and
maintenance of permeable parking lanes (“Project”). These improvements are categorized by
MWRDGC as “green infrastructure.”
2. The City, at its sole cost and expense, will prepare construction drawings, specifications, and
details (“Construction Documents”) for the Project.
3. The Project will be constructed to maximize the design retention capacity. The green
infrastructure components of the Project will be designed to capture at least one hundred
fifty-six thousand nine hundred sixty-four (156,964) gallons of stormwater.
4. The Project will realize the Public Benefit of helping to alleviate flooding by, among other
things, routing runoff from impervious tributary area to the green infrastructure installation
so as to reduce flooding and ponding located within and around the Project area, as shown in
Exhibit 1.
5. The City will provide MWRDGC with a copy of thirty percent (30%), sixty percent (60%),
and ninety-eight percent (98%) complete Construction Documents for MWRDGC’s approval
as to the Public Benefit.
6. Upon execution of this Agreement and until commencement of Project construction, the City
will provide monthly updates to MWRDGC on (1) the status and progress of Project design;
and (2) the schedule for Bid Advertisement and Award for the Project.
7. MWRDGC will review and provide written comments to the City as to the Public Benefit
within thirty (30) calendar days of receipt of the thirty percent (30%), sixty percent (60%),
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and ninety-eight percent (98%) complete Construction Documents. The City will incorporate
MWRDGC’s review comments into the Construction Documents. At the ninety-eight
percent (98%) completion stage, the City shall include a detailed opinion regarding probable
cost of construction and shall include a breakdown of design, construction, construction
engineering, and any other Project-related costs incurred or that the City expects to incur.
8. Upon award of any Project-related construction contracts, the City will provide monthly
updates to MWRDGC as to (1) construction progress; and (2) anticipated timeframes for
submission of reimbursement requests, with the final request being submitted no later than
sixty (60) calendar days upon final completion of Project construction. Also, if the City
handles Project advertisement and bidding, upon award of any Project-related construction
contracts, the City will also provide the following to MWRDGC: (1) a copy of its bid
advertisement, including all newspaper, online, or any other media utilized by the City; (2) a
summary or tabulation of bids received; and (3) a copy of the City’s approval, resolution, or
equivalent awarding the contract.
9. After construction, the City will provide MWRDGC with a copy of as-built drawings and
related Project documentation, including any addenda, change orders, stormwater-related
shop drawings, and field changes.
10. MWRDGC retains the discretion to adjust the amount of its reimbursement commitment if,
based on MWRDGC’s review of the final Construction Documents—including any addenda,
change orders, shop drawings, or field changes—it determines that the Project will not
provide sufficient design retention capacity and the intended Public Benefit.
11. Although MWRDGC will reimburse the City for a portion of the Project, the City bears sole
responsibility for the overall cost, expense, and payment for the Project, which the City will
construct in accordance with the final Construction Documents.
12. To the extent practicable, the City, its agents, contractors, or employees will use
MWRDGC’s biosolids in any amendments performed to the soil of the Project area,
including but not limited to landscaping. Subject to availability, MWRDGC will provide
biosolids free of charge. The City may be required to arrange and pay for the transportation
necessary to deliver the biosolids to the Project area.
13. The City will publicly advertise the Project and publicly award all Project-related
construction contracts to the lowest responsible bidder as determined by the City. The City
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will consider and act in general accord with the applicable standards of MWRDGC’s
Purchasing Act, 70 ILCS 2605/11.1-11.24 (attached to this Agreement as Exhibit 2), when
advertising and awarding the construction contracts. The City will also require a payment
bond and performance bond for all Project-related construction contracts in general accord
with the applicable standards of Exhibit 2. The City may impose more stringent requirements
than those contained in Exhibit 2 when awarding Project-related construction contracts, but
in no event will the City’s requirements fall below MWRDGC’s applicable general
standards. Although the City need not include the attached Exhibit 2 as part of its bid
documents, the City is responsible for ensuring that these applicable minimum requirements
are met. This provision is not applicable if Project advertisement and contract bidding is
handled by the Illinois Department of Transportation (“IDOT”), in which case it is the
Parties’ understanding that IDOT’s governing laws/policies will instead apply.
14. The City agrees that the Project is a “Covered Project” as defined in MWRDGC’s Multi -
Project Labor Agreement for Cook County (“MPLA”) (attached to this Agreement as Exhibit
3). As such, the City agrees to be obligated as MWRDGC would be in the MPLA and will
ensure that the standards and requirements for “Covered Projects” will be met for the Project,
as applicable. The City may impose more stringent requirements than those contained in the
MPLA when awarding Project-related construction contracts, but in no event will the City’s
requirements fall below the standards for “Covered Projects” detailed in it. Although the
attached Exhibit 3 need not be included as part of the Project’s bid documents, the City is
responsible for ensuring that its applicable minimum requirements are met. This provision is
not applicable if Project advertisement and contract bidding is handled by IDOT, in which
case the Parties understand that IDOT’s governing laws/policies will instead apply.
15. The City must comply with the applicable portions of MWRDGC’s Affirmative Action
Ordinance and Diversity Policies. Revised Appendix D governs Affirmative Action goal
requirements for subcontracting with Minority- and Women-owned Small Business
Enterprises (attached to this Agreement as Exhibit 4). Appendix V governs the diversity
policy requirements for subcontracting with Veteran-owned Small Business Enterprises
(attached to this Agreement as Exhibit 5.) Collectively these goals are referred to a
“participation goals.”
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16. Unless Project advertisement and contract bidding is handled by IDOT—in which case the
Parties understand that IDOT’s diversity requirements will instead apply—the City must
meet the following participation goals applicable to the Project before construction is
completed:
a. twenty percent (20%) of the total amount of reimbursement provided by MWRDGC
for the Project must be applied to work performed by Minority-owned Business
Enterprises (“MBE”); and
b. ten percent (10%) of the total amount of reimbursement provided by MWRDGC for
the Project must be applied to work performed by Women-owned Business
Enterprises (“WBE”); and
c. ten percent (10%) of the total amount of reimbursement to be provided by MWRDGC
for the Project must be applied to work performed by Small Business Enterprises
(“SBE”).
17. Unless Project advertisement and contract bidding is handled by IDOT—in which case the
Parties understand that IDOT’s diversity requirements will instead apply—the City should
meet the following participation goal applicable to the Project before construction is
completed: three percent (3%) of the total amount of reimbursement to be provided by
MWRDGC for the Project should be applied to work performed by Veteran-owned Small
Business Enterprises (“VBE”).
18. The determination as to whether the City has complied with the requirements of this
Agreement by attaining MWRDGC’s participation goals is solely in MWRDGC’s
discretion. If the City fails to attain each goal as determined by MWRDGC, MWRDGC may
withhold payments to the City up to or equal to the dollar amount by which the City failed
to attain the participation goal(s). If Project advertisement and contract bidding is handled
by IDOT, MWRDGC will review the diversity participation upon the completion of the
Project. If MWRDGC determines that a good faith effort was not made by the contractor to
reach these goals, then the City may be responsible for repayment of a percentage of the
funds provided by MWRDGC, at the discretion of MWRDGC.
19. The City will provide MWRDGC access to inspect, with reasonable notice, any records or
documentation related to the City’s compliance with MWRDGC’s participation goals and
requirements.
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20. To evidence compliance with MWRDGC’s participation goals, the City must submit the
following items to MWRDGC’s Diversity Administrator prior to the start of construction:
(1) a completed Utilization Plan for MBE/WBE/SBE participation, attached to this
Agreement as Exhibit 6, and a completed VBE Commitment Form, attached to this
Agreement as Exhibit 7; and (2) a current letter from a certifying agency that verifies as
appropriate the MBE/WBE/SBE/VBE status of each vendor listed as a subcontractor on the
MBE/WBE/SBE Utilization Plan and/or VBE Commitment Form. A certification letter will
be deemed current so long as its expiration date is after the date of the Utilization Plan or
Commitment Form. Failure to timely submit a Utilization Plan, Commitment Form or
certifying letter may result in a payment delay or denial. This provision is not applicable if
Project advertisement and contract bidding is handled by IDOT, in which case the Parties
understand that IDOT’s diversity requirements will instead apply.
21. Together with each and every Reimbursement Request, the City must submit to MWRDGC
the following: (1) a MBE/WBE/SBE and VBE Status Report (“Status Report”), attached to
this Agreement as Exhibit 8; (2) full or partial lien waivers from the participating
MBE/WBE/SBE/VBE vendors, as applicable; and (3) proof of payment to the participating
MBE/WBE/SBE/VBE vendors (e.g., canceled checks), as applicable. Failure to submit a
Status Report and any supporting documentation may result in a payment delay and/or
denial. This provision is not applicable if Project advertisement and contract bidding is
handled by IDOT.
22. The City will comply with the Prevailing Wage Act, 820 ILCS 130/0.01 et seq. Current
prevailing wage rates for Cook County are determined by the Illinois Department of Labor.
The prevailing wage rates are available on the Illinois Department of Labor’s official
website. It is the responsibility of the City to obtain and comply with any revisions to the
rates should they change throughout the duration of this Agreement. This provision is not
applicable if Project advertisement and bidding is handled by IDOT, in which case the
Parties understand that IDOT’s governing laws/policies will instead apply.
23. The City, at its sole cost and expense, will provide (1) the final design of the Project; (2) land
acquisition and remediation, if any; and (3) construction oversight and administrative support
for the Project.
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24. The City will submit an Operation and Maintenance Plan (hereinafter the “O&M Plan”) for
MWRDGC’s review and approval. The O&M Plan will be included as part of the Agreement
as Exhibit 9. At its sole cost and expense, the City will operate and maintain the Project in
accordance with the O&M Plan.
25. MWRDGC will reimburse the City for seventy-five and 00/100 percent (75.0%) of the total
construction cost of the Project, but in no event will that amount exceed Three Hundred
Twenty-Two Thousand Five Hundred and 00/100 Dollars ($322,500.00) (the “Maximum
Reimbursement Amount”). For purposes of this Agreement, “construction” will mean all
work necessary to build the Project as depicted in the Construction Documents. The City will
be responsible for securing funding or contributing its own funds for all costs necessary to
construct the Project in accordance with the Construction Documents. The City will be solely
responsible for change orders, overruns, or any other increases in the cost of the Project. All
funding provided by MWRDGC will be exclusively to reimburse the City for construction of
the Project. If Project advertisement and contract bidding is handled by IDOT, the funding
provided by MWRDGC will be exclusively to assist the City with Project construction.
26. MWRDGC will disburse funds to the City in accordance with the following schedule:
a. Twenty-five percent (25%) at receipt of Reimbursement Request for twenty-five
percent (25%) completion of construction;
b. Twenty-five percent (25%) at receipt of Reimbursement Request for fifty percent
(50%) completion of construction;
c. Twenty-five percent (25%) at Receipt of Reimbursement Request for seventy-five
percent (75%) completion of construction; and
d. Subject to the Maximum Reimbursement Amount, the remaining amount necessary to
cover seventy-five percent (75%) of the Project cost will be paid upon receipt of
invoices for final completion and after final inspection by MWRDGC.
The City must submit invoices for the representative percentage of construction within thirty
(30) calendar days of meeting its respective completion percentage, through seventy-five
percent (75%) completion, and within sixty (60) calendar days of final completion for the
final reimbursement cost. MWRDGC will only pay invoices submitted in strict accordance
with the foregoing schedule. MWRDGC may opt to not pay any late reimbursement requests
or invoices. If Project advertisement and contract bidding is handled by IDOT, the
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MWRDGC agrees to pre-pay the approved funding amount in full to the City within thirty
(30) calendar days of executing this Agreement.
27. MWRDGC’s Maximum Reimbursement Amount under this Agreement is based on the
funding amount that MWRDGC’s Board of Commissioners approved and appropriated for
the calendar year in which the Agreement is executed. Any additional funding from
MWRDGC beyond that which was approved and appropriated for the initial calendar year is
subject to the approval of MWRDGC’s Board of Commissioners.
28. The City is responsible for all other Project costs including engineering, property acquisition,
other design-related costs, construction inspection, and the remainder of the construction cost
that is not reimbursed by MWRDGC.
29. As a condition for reimbursement, the City must submit copies of construction invoices to
MWRDGC for review along with the respective Reimbursement Requests.
Article 3. Permits and Fees
1. Federal, State, and County Requirements. The City will obtain all federal, state, county, and
local permits required by law for the construction of the Project and will assume any costs in
procuring said permits. Additionally, the City will obtain all consents and approvals required
by federal, state, and/or county regulations for the construction of the Project and will assume
any costs incurred in procuring all such consents and approvals.
2. Operation and Maintenance. The City will obtain all permits necessary for the performance
of any operations or maintenance work associated with the improvements to be constructed
by the City in connection with the Project, and in accordance with Article 5 of this
Agreement.
Article 4. Property Interests
1. If the Project Site is located entirely within a right of way or perpetual easement or on other
property represented to be owned solely by and within the City, prior to execution of this
Agreement, the City must have an enforceable property interest in the Project site and
provide proof of that interest to MWRDGC. If the Project site is situated entirely in a right of
way or perpetual easement or on other property owned solely by and within the City, and no
proof of dedication, perpetual easement, or ownership is available, the City may request and
submit the form affidavit that MWRDGC will provide which must be executed by an
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authorized officer of the City. Acceptance of the affidavit is at MWRDGC’s discretion.
Exhibit 10 appended to this Agreement contains the executed affidavit or, in the alternative,
all relevant documentary evidence of dedication, perpetual easement, or ownership.
2. For all surrounding property impacting or being impacted by the Project, prior to starting
construction of the Project, the City will acquire any temporary or permanent easements,
license agreements, or fee simple title necessary for access to the Project site as well as
construction and maintenance of the Project. Any property interests acquired by the City
must be consistent with MWRDGC’s right to access the Project to conduct an inspection or
perform maintenance as set out in Article 5 of this Agreement.
3. Should acquisition of property interests via condemnation be necessary, the City will incur
all associated costs, including purchase price and/or easement fee as well as any attorney’s
fees.
4. The City will record all easements, licenses, or deeds acquired for the Project.
5. The City will own all the improvements constructed for the Project. Nothing in this
Agreement creates an ownership or property interest for MWRDGC in any part of the
Project.
6. The City may not lease the Project site or property owned by the City that is necessary for
construction, maintenance, and access to the Project site, in whole or part, to a third-party
during the term of the IGA without MWRDGC’s prior written approval. The City must
provide the MWRDGC with at least sixty (60) days’ written notice of the date on which it
intends to execute a lease.
7. The City may not sell or transfer ownership of the Project site or property owned by the City
that is necessary for construction, maintenance, and access to the Project site, in whole or
part, during the term of the IGA without MWRDGC’s prior written approval. The City must
provide MWRDGC with sixty (60) days’ written notice of the date on which it intends to sell
or transfer the property.
Article 5. Maintenance
1. The City, at its sole cost and expense, will maintain for a period of twenty-five (25) years the
permeable parking lanes and any other associated appurtenances in accordance with the
O&M plan approved by MWRDGC and Article 5 of this agreement.
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2. The City must conduct annual inspections to ensure adequate maintenance of the Project. The
City will prepare a report detailing its annual inspection, observations, and conclusions
including whether the Project is operating as designed, functioning, and providing the
intended Public Benefit. The annual inspection report must either be stamped by a
Professional Engineer licensed by the State of Illinois or signed by the head of the
department responsible for maintenance duties. The stamped or signed annual inspection
report will be provided to MWRDGC within thirty (30) calendar days of completion, and the
Partner Agency must submit annual reports to MWRDGC by December 31st of each
following year.
3. MWRDGC will have the right (including any necessary right of access) to conduct its own
annual inspection of the constructed Project upon reasonable notice to the City.
4. In the event of failure of the City to maintain the Project as described above to the
satisfaction of MWRDGC, MWRDGC may issue a thirty (30) day written notice by certified
or registered mail or electronic mail to the City directing the City to perform such
maintenance. If maintenance has not been accomplished on or before thirty (30) calendar
days after such notice, MWRDGC may cause such maintenance to be performed and the City
will pay MWRDGC the entire cost MWRDGC incurred to perform the required
maintenance.
5. In addition to paragraph 4 above, if MWRDGC determines that the City has failed to
maintain the Project’s improvements to provide the intended Public Benefit, MWRDGC may
require the City to repay some or all the funding that MWRDGC provided under this
Agreement. The amount of repayment is at the sole discretion of MWRDGC.
6. In performing its obligations under this Article, the City will comply with all access
restrictions and notice requirements set forth in the easements, licenses, or deeds recorded
pursuant to Article 4 of this Agreement.
Article 6. Notification
1. Bid Advertisement. The City will provide MWRDGC with thirty (30) calendar days’ notice
prior to Bid Advertisement for the Project. This provision is not applicable if Project
advertisement and contract bidding is handled by IDOT.
2. Construction. The City will provide MWRDGC with a construction schedule and a minimum
of seventy-two (72) hours’ notice before the following project milestones:
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Start of work
Substantial completion
Completion of work
Article 7. Notification to Residents
1. Wherever the Project is present and visible to the community, the City will permanently
display signs setting forth the following information: “This project is a joint effort between
the City of Evanston and the Metropolitan Water Reclamation District of Greater Chicago,
designed to promote the use of green infrastructure as an effective means of stormwater
management.” The signs will be maintained by the City and will include educational
information about the benefits of green infrastructure. MWRDGC will provide examples of
signage used for similar projects.
2. The City will maintain on its website a hyperlink leading to the URL for MWRDGC’s
website (http://www.mwrd.org).
3. The City will advertise on its website—or, alternatively, in newsletters, bills, payment
receipts, fliers, social media posts, or other mediums, electronic or otherwise—any upcoming
MWRDGC-affiliated community events that are scheduled to occur within the City’s
geographic boundaries or jurisdiction at least two weeks in advance of their scheduled
occurrence or within two weeks after notice of their scheduled occurrence is transmitted to
the City’s representative designated pursuant to Subsection 5 of this Article 7.
4. On the last business day of every month, the City will submit to MWRDGC a report detailing
the following:
Any MWRDGC-affiliated community events advertised pursuant to the preceding
subsection (if none, then the report will so state); and
The timeframe during which those advertisements were transmitted; and
The mediums employed to transmit those advertisements.
5. Immediately upon execution of this Agreement the following individuals will represent the
Parties as a primary contact in all matters under this Article 7—including, but not limited to,
notices or advertisements of upcoming MWRDGC-affiliated events—and, in addition to the
individuals named in Article 27 of this Agreement, will be entitled to receipt of notice in all
matters under this Article 7.
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For MWRDGC: For the City:
Public & Intergovernmental Affairs
Officer
Public Works Agency Director
Metropolitan Water Reclamation
District of Greater Chicago
City of Evanston
100 East Erie Street 2100 Ridge Avenue
Chicago, Illinois 60611 Evanston, Illinois 60201
Phone: (312) 751-6626 Phone: 847-448-4311
Email: publicaffairsinfo@mwrd.org Email: publicworks@cityofevanston.org
Each Party agrees to promptly notify the other Party of any change in its designated
representative under this Article 7, which notice will include the name, address, telephone
number, and electronic mail address of the representative for such Party for the purpose of
providing notice.
6. The rights, duties, and obligations of this Article 7—except those set forth in Subsection 1—
will automatically terminate upon MWRDGC’s payment of the final installment of any
payments owed to the City under the terms of this Agreement, or once two (2) years have
elapsed since the date on which this Agreement was fully executed by all Parties, whichever
of those two dates occurs later. If Project advertisement and contract bidding is handled by
IDOT, this Article, except those rights, duties, and obligations set forth in Subsection 1, will
automatically terminate two (2) years after execution of this Agreement, or upon completion
of the Project, whichever occurs last.
Article 8. Termination
1. Prior to commencement of construction of the Project, the City may, at its option, and upon
giving notice to the MWRDGC in the manner provided in Article 25 of this Agreement,
terminate this Agreement as it pertains to the entire Project. The City will return all Project-
related funds received from the MWRDGC no later than fourteen (14) calendar days
following its termination of the Agreement.
2. Prior to Bid Advertisement of the Project, the MWRDGC may, at its option, and upon giving
notice to the City in the manner provided in Article 25 of this Agreement, terminate this
Agreement as it pertains to the entire Project. The MWRDGC may also terminate this
Agreement if: (a) the City does not award construction of the Project within one (1) year
from the date of execution of the IGA or (b) the Project is not completed in accordance with
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the Construction Documents within two (2) years of the City’s initial award of a construction
contract related to the Project. If the MWRDGC elects to terminate this Agreement based
upon expiration of the two (2) year completion period, then the City must return all funds
provided by the MWRDGC within fourteen (14) calendar days of termination. In its sole
discretion, the MWRDGC may approve an extension prior to the expiration of the one (1)
year award period or two (2) year completion period for delays outside the City’s control and
where the City has made good faith efforts to advance the Project. If Project advertisement
and contract bidding is handled by IDOT, MWRDGC may terminate this Agreement prior to
any work occurring on the Project. If MWRDGC terminates this Agreement, the City must
return all funds provided by MWRDGC within fourteen (14) calendar days of termination.
3. If during the term of this Agreement, either Party fails to comply with any of the provisions
contained in this Agreement, the other Party may seek to terminate this Agreement upon
thirty (30) calendar days’ written notice. Upon receiving written notice of desire to terminate,
the Parties shall commence discussion regarding conformance with the Agreement. If a
resolution is reached, the Agreement shall proceed. If no resolution is reached, the
Agreement shall be deemed terminated. Within thirty (30) calendar days of such termination,
all funds received from the MWRDGC shall be returned, unless other arrangements are
agreed upon in writing.
Article 9. Effective Date
This Agreement becomes effective on the date that the last signature is affixed to the signature
pages.
Article 10. Duration
Subject to the terms and conditions of Article 8 of this Agreement, this Agreement will remain in
full force and effect for perpetuity.
Article 11. Non-Assignment
Neither Party may assign its rights or obligations under this Agreement without the written
consent of the other Party.
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Article 12. Notification Requirement in the Event of Advertisement and Bidding by IDOT
It is acknowledged that in the event the City elects to have IDOT handle Project advertisement
and bidding, some of the obligations of the City under this Agreement may change. When that
occurs, the City is obligated to provide the MWRDGC with thirty (30) calendar day written
notice of such change for the MWRDGC’s review and approval. As to any changes that may
occur as a result of IDOT’s involvement in the Project, the City is responsible for acting in such
a way as to ensure that the intent of this Agreement is maintained.
Article 13. Waiver of Personal Liability
No official, employee, or agent of either Party to this Agreement will be charged personally by
the other Party with any liability or expenses of defense incurred as a result of the exercise of any
rights, privileges, or authority granted in this Agreement, nor will he or she be held personally
liable under any term or provision of this Agreement, or because of a Pa rty’s execution or
attempted execution of this Agreement, or because of any breach of this Agreement.
Article 14. Indemnification
The City will defend, indemnify, and hold harmless MWRDGC, its Commissioners, officers,
employees, and other agents (“MWRDGC Parties”) from liabilities of every kind, including
losses, damages and reasonable costs, payments and expenses (such as, but not limited to, court
costs and reasonable attorney fees and disbursements), claims, demands, actions, suits,
proceedings, judgments, or settlements, any or all of which are asserted by any individual,
private entity, or public entity against the MWRDGC Parties and arise out of or are in any way
related to: (1) design, construction, or maintenance of the Project that is the subject of this
Agreement; or (2) the exercise of any right, privilege, or authority granted to the City under this
Agreement.
Article 15. Representations of the City
The City covenants, represents, and warrants as follows:
1. The City has full authority to execute, deliver, and perform or cause to be performed this
Agreement; and
2. The individuals signing this Agreement and all other documents executed on behalf of the
City are duly authorized to sign on behalf of and to bind the City; and
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3. The execution and delivery of this Agreement, consummation of the transactions provided
for in this Agreement, and the fulfillment of the terms will not result in any breach of any of
the terms or provisions of or constitute a default under any agreement of the City or any
instrument to which the City is bound or any judgment, decree, or order of any court or
governmental body or any applicable law, rule, or regulation; and
4. The City’s allocated funds as described in Article 2 are separate from and in addition to the
funds MWRDGC will provide under this Agreement.
Article 16. Representations of MWRDGC
MWRDGC covenants, represents, and warrants as follows:
1. MWRDGC has full authority to execute, deliver, and perform or cause to be performed this
Agreement; and
2. The individuals signing this Agreement and all other documents executed on behalf of
MWRDGC are duly authorized to sign on behalf of and to bind MWRDGC; and
3. The execution and delivery of this Agreement, consummation of the transactions provided
for in this Agreement, and the fulfillment of its terms will not result in any breach of any of
the terms or provisions of or constitute a default under any agreement of MWRDGC or any
instrument to which MWRDGC is bound or any judgment, decree, or order of any court or
governmental body or any applicable law, rule, or regulation.
Article 17. Disclaimers
This Agreement is not intended, nor will it be construed, to confer any rights, privileges, or
authority not permitted by Illinois law. Nothing in this Agreement will be construed to establish
a contractual relationship between MWRDGC and any party other than the City.
Article 18. Waivers
Whenever a Party to this Agreement by proper authority waives the other Party’s performance in
any respect or waives a requirement or condition to performance, the waiver so granted, whether
express or implied, will only apply to the particular instance and will not be deemed a waiver for
subsequent instances of the performance, requirement, or condition. No such waiver will be
construed as a modification of this Agreement regardless of the number of times the
performance, requirement, or condition may have been waived.
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Article 19. Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such invalidity,
illegality, or unenforceability will not affect any other provisions of this Agreement, and this
Agreement will be construed as if such invalid, illegal, or unenforceable provision has never
been contained herein. The remaining provisions will remain in full force and will not be
affected by the invalid, illegal, or unenforceable provision or by its severance. In lieu of such
illegal, invalid, or unenforceable provision, there will be added automatically as part of this
Agreement a provision as similar in its terms to such illegal, invalid, or unenforceable provision
as may be possible and be legal, valid, and enforceable.
Article 20. Necessary Documents
Each Party agrees to execute and deliver all further documents, and take all further action
reasonably necessary, to effectuate the purpose of this Agreement. Upon the completion of the
Project, the City will provide MWRDGC with a full-sized copy of “As-Built” drawings for the
Project. The drawings will be affixed with the “As-Built” printed mark and must be signed by
both the City resident engineer and the contractor.
Article 21. Compliance with Applicable Laws and Deemed Inclusion of Same
The Parties agree to observe and comply with all federal, State, and local laws, codes, and
ordinances applicable to the Project. Provisions required (as of the effective date) by law,
ordinances, rules, regulations, or executive orders to be inserted in this Agreement are deemed
inserted in this Agreement whether or not they appear in this Agreement or, upon application by
either Party, this Agreement will be amended to make the insertions. However, in no event will
the failure to insert such provisions before or after this Agreement is signed prevent its
enforcement. The Parties to this Agreement will comply with all applicable federal, State, and
local laws, rules, and regulations in carrying out the terms and conditions of this Agreement,
including the Equal Opportunity clause set forth in Appendix A to the Illinois Department of
Human Rights’ regulations, which is incorporated by reference in its entirety as though fully set
forth in this Agreement.
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The City agrees that it will ensure that all contractors and sub-contractors that perform work on
the Project are properly registered to transact business with the Illinois Secretary of State, are
properly licensed for the work to be performed, and are properly insured during the entire
duration of this Agreement. This provision is not applicable if Project advertisement and bidding
is handled by IDOT, in which case the Parties understand that IDOT’s governing laws/policies
will instead apply.
Article 22. Entire Agreement
This Agreement, and any exhibits or riders attached hereto, constitute the entire agreement
between the Parties. No other warranties, inducements, considerations, promises, or
interpretations may be implied that are not expressly set forth in this Agreement.
Article 23. Amendments
This Agreement cannot be amended unless it is done so in writing and signed by the authorized
representatives of both Parties.
Article 24. References to Documents
All references in this Agreement to any exhibit or document will be deemed to include all
supplements and/or authorized amendments to any such exhibits or documents to which both
Parties hereto are privy.
Article 25. Judicial and Administrative Remedies
The Parties agree that this Agreement and any subsequent Amendment will be governed by, and
construed and enforced in accordance with, the laws of the State of Illinois in all respects,
including matters of construction, validity, and performance. The Parties further agree that the
proper venue to resolve any dispute which may arise out of this Agreement is an appropriate
court of competent jurisdiction located in Cook County, Illinois.
The rights and remedies of MWRDGC or the City will be cumulative, and election by
MWRDGC or the City of any single remedy will not constitute a waiver of any other remedy
that such Party may pursue under this Agreement.
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Article 26. Notices
Unless otherwise stated in this Agreement, all notices given in connection with this Agreement
will be deemed adequately given only if in writing and addressed to the Party for whom such
notices are intended at the addresses set forth in Article 27 of this Agreement. All notices will be
sent by personal delivery, overnight messenger service, first class registered or certified mail
with postage prepaid and return receipt requested, or by electronic mail. A written notice will be
deemed to have been given to the recipient Party on the earlier of (a) the date it is hand-delivered
to the address required by this Agreement; (b) with respect to notices sent by overnight courier
service, on the next business day following deposit with the overnight courier; (c) with respect to
notices sent by mail, two calendar days (excluding Sundays and federal holidays) following the
date it is properly addressed and placed in the U.S. Mail, with proper postage prepaid; or (d) with
respect to notices sent by electronic mail, on the date of notification of delivery receipt, if
delivery was during normal business hours of the recipient, or on the next business day, if
delivery was outside normal business hours of the recipient. In the heading of all notices, the
Parties must identify the project by stating as follows: “IGA between the City of Evanston and
MWRDGC for the Main Street Improvements Project.”
The Parties must address all notices referred to in this Agreement, or that either Party desires to
give to the other, as set forth in Article 27 or Article 7 of this Agreement, as applicable, unless
otherwise specified and agreed to by the Parties.
Article 27. Representatives
Immediately upon execution of this Agreement, the following individuals will represent the
Parties as primary contacts and must receive notice in all matters under this Agreement. For
matters under Article 7, notice must also be given to the individuals named in that Article as
primary contacts.
For MWRDGC: For the City:
Director of Engineering Public Works Agency Director
Metropolitan Water Reclamation District of
Greater Chicago
City of Evanston
100 East Erie Street 2100 Ridge Avenue
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Chicago, Illinois 60611 Evanston, Illinois 60201
Phone: (312) 751-7905 Phone: 847-448-4311
Email: oconnorc@mwrd.org Email: publicworks@cityofevanston.org
Each Party agrees to promptly notify the other Party of any change in its designated
representative, and provide the new representative’s name, address, telephone number, and email
address.
Article 28. Interpretation and Execution
1. The Parties agree that this Agreement will not be construed against a Party by reason of who
prepared it.
2. Each Party agrees to provide a certified copy of the ordinance, bylaw, or other authority
demonstrating that the person(s) signing this Agreement is/are authorized to do so and that
this Agreement is a valid and binding obligation of the Party.
3. The Parties will execute this Agreement in quadruplicate with original signatures unless the
Parties otherwise agree.
Article 29. Exhibits and Attachments
The following Exhibits are attached and incorporated into this Agreement, with amended versions
attached, as applicable:
Exhibit 1: Project Vicinity Map and Project Conceptual Drawing
Exhibit 2: MWRDGC’s Purchasing Act, 70 ILCS 2605/11.1-11.24
Exhibit 3: MWRDGC’s Multi-Project Labor Agreement (Cook County) with
Certificate of Compliance (effective date of October 6, 2017) (“MPLA”)
Exhibit 4: Affirmative Action Ordinance, Revised Appendix D
Exhibit 5: Veteran’s Business Enterprise Contracting Policy, Appendix V
Exhibit 6: M/W/SBE Utilization Plan
Exhibit 7: VBE Commitment Form
Exhibit 8: Affirmative Action Status Report
Exhibit 9: Operation and Maintenance Plan, Inspection Log
Exhibit 10: Project site property interest documents or Affidavit
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The Metropolitan Water Reclamation District of Greater Chicago and City of Evanston,
have executed this Agreement, by their authorized officers, duly attested and their seals affixed,
as of the last attested date.
CITY OF EVANSTON
BY: ________________________________
Luke Stowe, City Manager
ATTEST:
Stephanie Mendoza, City Clerk
Date
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METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
Chairman of the Committee on Finance
Executive Director
ATTEST:
Clerk Date
APPROVED AS TO ENGINEERING AND TECHNICAL MATTERS:
Director of Engineering
APPROVED AS TO FORM AND LEGALITY:
Head Assistant Attorney
General Counsel
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EXHIBIT 1
PROJECT VICINITY MAP AND CONCEPTUAL DRAWING
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Chicago
Orland Park
Palatine
Glenview
Schaumburg
SkokieDes Plaines
Alsip
Hoffman Estates
Tinley Park
Barrington Hills
Northbrook
Niles
Matteson
Elgin
Arlington Heights
Wheeling
Cicero
Harvey
Oak Lawn
Lansing
Evanston
Lemont
Mount Prospect
Dolton
Inverness
Elk Grove Village
Park Ridge
Chicago Heights
Streamwood
Wilmette
Bartlett
Lynwood
Markham
Calumet City
Oak Forest
South Holland
Oak Park
Berwyn
Burbank
Homewood
South Barrington
Glencoe
Winnetka
Palos Hills
Franklin Park
Riverdale
Morton Grove
Worth
Justice
Lyons
Northlake
Northfield
Bedford Park
Steger
Mc Cook
Summit
MaywoodHillside
Bellwood
Barrington
Burnham
Lincolnwood
Posen
Bridgeview
Blue Island
Flossmoor
Rolling Meadows
Park Forest
Melrose Park
Palos Heights
Sauk Village
Richton Park
Hazel Crest
Brookfield
Crestwood
Country Club Hills
Midlothian
Westchester
Hodgkins
Thornton
Prospect Heights
Burr Ridge
La Grange
Countryside
Stickney
Palos Park
Hickory Hills
Willow Springs
Forest Park
Evergreen Park
Riverside
Schiller Park
River Forest
Olympia Fields
River Grove
Norridge
Hanover Park
Glenwood
Rosemont
Broadview
Western Springs
Robbins
Chicago Ridge
Buffalo Grove
Berkeley
La Grange Park
Dixmoor
Elmwood Park
Ford Heights
North Riverside
Golf
Roselle
Orland Hills
Calumet Park
South Chicago Heights
Hinsdale
Forest View
Deerfield
Indian Head Park
Kenilworth
Phoenix
East Hazel Crest
Harwood Heights
Hometown
Stone Park
Merrionette Park
Frankfort
East Dundee
Bensenville
University Park
Elmhurst
Deer Park
Oak Brook
Homer Glen CiceroHarlemTri-State95th
87th
Golf
ArcherSauk1st Kedzie159thWolf
167th
R
a
n
d
TouhyI 290Northwest
OaktonEdens
OgdenMil
w
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k
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Higgin
s
TorrenceLa GrangePalatine
111th
127th WesternKe
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e
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Euclid
Devon
DixieRoosevelt
103rd
135th
Lake Cook
147thElaCermak
Irving Park
Ashland47th
Leg Dan Ryan25th5thEisenhower Lake ShoreEl
s
t
o
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143rd
Willow
31stMannheimLake
175th Dan RyanRive
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104thAdlai St
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nBartlettDempster
Central183rdBarrington
HalstedS
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Moline
Foster
80th115thWaukegan
Vollmer Chi
c
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14thStateMichigan55th
123rd Bi
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F
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231stCalumetHintz
Sibley
108thJoe Orr
107th
WoodMain
Schaumburg
BellRidgelandEastBode
Penny
Roberts88thGrand SkokiePulaskiOtis
Quentin84th26th94thCaliforniaGlenviewOak ParkArlington HeightsMeachamTalc
o
t
t
170th
Church
63rd17th
138th
Washington
130th
119th
Lincoln
179th
AddisonSanders
MorganPratt
Techny
Bu
s
s
ePfingsten
Wise
76th
FlossmoorWill CookCal
d
w
e
l
lSu
t
t
o
n
186th
162nd86th
StegerElmhurst GovernorsPeterson
Garfield
Nerge HibbardWentworthCottage GroveCumberlandTower
Doctor Martin Luther King JrWilkeStony IslandHill
Diversey
82ndNagleCl
y
b
o
u
r
nBateman
Ridge
Kingery
East Lake
Augusta Mc CormickLawrence
Belmont
Coll
e
g
e
Shoe Factory
Dundee
SouthwestEdens Expy
MontroseLandwehr
New
WestBallard
Walters
79th
Pershing
Frankli
n
Colf
a
x
S
o
u
t
h
C
h
i
c
a
g
o
HowardLehigh AsburyElgin-O'Hare
Jackson
Il 17
1
CrawfordCalumet Sag
100th
106th
Plainfi
el
d
North
MidlothianDes Pla
ines R
iver
Madison Gr
e
e
n
B
a
yHicks
Summit
La SalleKirch
o
f
f Sunset RidgeBraina
rdTaftCanalHawthorneSchoenbeck
139thGiffordColumbus
G
r
e
e
n
w
o
o
dHarmsWinnetka
142nd
Mundhank
River OaksPlum GroveNew SuttonUs 20 Landm
e
i
e
r
171st
65th
VincennesCenterDrexelHappJeffery51st
BurnhamDolto
nCanfield
I 57Thacker
151st CorkDonleaS
o
u
t
h
S
h
o
r
e
131st
I 90
EwingCornellFreema
n
SmithWest Lak
e
PotterWalker91st
Randolph
Rogers
LoomisKimballAv
o
n
d
a
l
e
Thornton LansingParkCongdonKeanCla
rk
County Line
Algo
n
q
u
i
n
Fullerton
187thHuntingtonWeberRohlwingRiege
lEast RiverElgi
n
39th
Cal-SagNobleIndianaOakwoodBroadwayRiverside
177thNarragansettSouth
Pershing
135th County LineSouthwestGolf
RidgelandNorth
Devon
Tri
-S
t
a
te
231st BurnhamBartlett
KedzieLinco
ln
StateRidgelandHiggi
n
s Sheridan
Grand
LakeElmhurst
Archer
Lincoln
West Lake
CentralCrawfordMichiganCentralEla
CentralWolf115th
Central
AshlandHiggin
s
ChicagoCentralWolf76th
Addison
CentralStateSkok
ie
State26th
ColfaxCentral
CentralNor
t
h
w
e
s
t
Li
n
c
o
l
n
115thHalsted Cottage GroveAshland47th
Dempster
Lehigh
79th
AugustaHicks
LincolnKean151st151st Western31st
WolfKedzieWesternMain
123rd
Chicag
o
111th
127th PulaskiLawrence
Gra
n
d
Irving Pa
r
k BusseSuttonLake
131st131stWolf
Steger
Cermak
StateFoster
StateRiverPulaskiMain
104th183rd StateDundee
103rd
.
Townships and Municipalities
Cook County, IL
1. NEW TRIER
2. EVANSTON
3. NORWOOD PARK
4. RIVER FOREST
5. OAK PARK
6. RIVERSIDE
7. BERWYN
8. CICERO
9. STICKNEY
10. CALUMET
RICH BLOOM
LYONS
PALOS
BREMENORLAND
WORTH
THORNTON
MAINE
PALATINE
NILESHANOVER
WHEELING
PROVISO
NORTHFIELDBARRINGTON
LEMONT
ELK GROVE
LEYDEN
SCHAUMBURG
1
2
3
4 5
6 7 8
9
10
Cook County Township Map
CHICAGO
Townships
Chicago
Forest Preserve
Major Roads
Municipality
Unincorporated
PROJECT
LOCATION
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WVVPWWVGVGVWVWVELMWOOD AVE.
ELMWOOD AVE.TREE EXHIBIT # 479114" THORNLESS HONEYLOCUSTGOODTO REMAINTREE EXHIBIT # 479216" CALLERY PEARPOORTO BE REMOVEDTREE EXHIBIT # 47934" CALLERY PEARPOORTO BE REMOVEDTREE EXHIBIT # 47944" CALLERY PEARFAIRTO BE REMOVEDTREE EXHIBIT # 47956" CALLERY PEARFAIRTO BE REMOVEDTREE EXHIBIT # 47962" HORSE CHESTNUTGOODTO REMAINTREE EXHIBIT # 4797VACANTTREE EXHIBIT # 479613" CALLERY PEARFAIRTO BE REMOVEDTREE EXHIBIT # 480128" SIBERIAN ELMPOORTO BE REMOVEDTREE EXHIBIT # 47395" FRONTIER HYBRID ELMGOODTO REMAINTREE EXHIBIT # 473714" THORNLESSHONEYLOCUSTSIDEWALK BUCKLINGTO REMAINTREE EXHIBIT # 473614" THORNLESS HONEYLOCUSTGOODTO REMAINTREE EXHIBIT # 473410" THORNLESSHONEYLOCUSTFAIRTO REMAINNO I.D.30" THORNLESS HONEYLOCUSTGOODTO REMAINTREE EXHIBIT # 47312" ACCOLADE HYBRID ELMGOODTO BE RELOCATED # 4799VACANT# 4800VACANTTREE EXHIBIT # 4738STUMPTO BE REMOVEDTREE EXHIBIT # 4740STUMPTO BE REMOVEDR 1MAPLE AVE.TREE EXHIBIT # 479013" GINKGOPOORTO BE REMOVEDHHHMATCH LINE MATCH LINE
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ELMWOOD AVE.
MAPLE AVE.WVVPWWVGVGVWVWV 11 12 13 14 15+00 16 0+00
0+00 0+00TRTRMATCH LINE MATCH LINE30'-0"46'-3"30'-2"40'-4"30'-0"30'-0"30'-0" (MIN. 30' 0")17'-8"12'-0"59'-2" (MIN. 30' 0")40'-0"30'-0"30'-0"20'-5" (MIN. 12' 0")42'-3" (MIN. 20' 0")23'-6"12'-0"(MIN. 12')15'-6" (MIN. 15' 0")27'-0"12'-0"28'-10"26'-3" (MIN. 15' 0")15'-11"(MIN. 15' 0")24'-8"30'-0"51'-9"30'-0"13'-9"(MIN. 12' 0")21'-7" (MIN. 12' 0")16'-7"(MIN. 12' 0")8'-4" (MIN. 12' 0")R 6GINKGOR 3KENTUCKY COFFEER 7CATALPAR 17BALD CYPRESSR 9CATALPAR 16KENTUCKY COFFEER 11HONEYLOCUSTR 1ACCOLADEHYBRID ELMACRED HORSE CHESTNUTACRED HORSE CHESTNUTR 4FRONTIERHYBRID ELMR 13ACCOLADEHYBRID ELMR 14FRONTIERHYBRID ELMGBGINKGOGDKENTUCKY COFFEE TREER2PRINCETON ELMR8PURPLE ROBE ROBINIAR 5PURPLE ROBEROBINIAELMWOOD AVE.
ELMWOOD AVE.
MAPLE AVE.EXISTING TREE ACTION LEGEND:EXISTING TREES TO REMAIN,PROTECT IN PLACEEXISTING TREES TO BE RELOCATEDFOR NEW LOCATIONEXISTING TREES TO BE REMOVEDR XPROPOSED TREE LEGEND:EXISTING TREES TO REMAINRELOCATED TREESPROPOSED TREESR XXXT(18) TRASH(16) RECYCLE(9) PLANTER(2) BENCHR(2) SIGNAL BOXS.B.(3) MAIL BOXES(7) BIKE RACKS(2) SIGNAGE(2) PAY TO PARKEXISTING SITE AMENITIES LEGEND:$(3) STUMPT(19) TRASH(19) RECYCLE(13) PLANTER(4) BENCHR(3) MAIL BOXES(7) BIKE RACKS(2) SIGNAGE(2) PAY TO PARKPROPOSED SITE AMENITIES LEGEND:$5X5 STANDARD TREE GRATE WITHBRICK BANDING SURROUNDPLANTING BEDDAVIT ROADWAY LIGHTTALLMADGE LIGHTUNDERPASS LIGHTPERMEABLE PAVING(6) BOLLARDSCITY OF EVANSTONPUBLIC WORKS AGENCYBUREAU OF CAPITAL PLANNING AND ENGINEERINGXX/XX/XXXXXX/XX/XXXXXX/XX/XXXXXX/XX/XXXXNO.1234REVISIONDATEVERTICAL N/AHORIZONTAL 1" = 20' 0"SCALE PROJECT NUMBER: PW-WMRS-XXXXCHECKED BY:DRAWN BY:DESIGNED BY:BID NUMBER:ISSUED FOR:DATE:SHEETMAIN STREET RECONSTRUCTION K:\Projects\Commercial\Main Street Improvement Project\Design\CAD\Sheets\L-4
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EXISTING CONDITIONS, TRANSPLANTS & REMOVALS PLANPROPOSED LANDSCAPE PLANL-1 OF 5PROPOSED LANDSCAPE PLAN STA 10+88.27 - STA 16+50Page 29 of 143 Doc ID: 9d5be904663e69bcbde23c3190f3b63fecfd92f5
WWWWWWWJVPVPWVWVWVWGVGVWVWVWWWVWVWWWV B
IKE RACK
BIKE RACK
BIKE RACK BIKE RACK BIKE RACK
B
IKE RACK
B
IKE RACK
B
IKE RACK
423
423
RELSHERMAN AVE.SHERMAN AVE.TREE EXHIBIT # 480312" WHITE ASHPOOR / DISEASEDTO BE REMOVEDTREE EXHIBIT # 480413" WHITE ASHPOOR / DISEASEDTO BE REMOVEDTREE EXHIBIT # 480513" WHITE ASHPOOR / DISEASEDTO BE REMOVEDTREE EXHIBIT # 480613" WHITE ASHPOOR / DISEASEDTO BE REMOVEDTREE EXHIBIT # 344542.5" CATALPAGOODTO REMAINTREE EXHIBIT # 48072" KENTUCKY COFFEE TREEGOOD / FAIRTO REMAINTREE EXHIBIT # 48082" REGAL PRINCE OAKGOODTO BE RELOCATEDTREE EXHIBIT # 48092" THORNLESS HONEYLOCUSTGOODTO BE RELOCATEDTREE EXHIBIT # 48102" BALD CYPRESSGOODTO BE RELOCATEDTREE EXHIBIT # 48112" ACCOLADE HYBRID ELMGOODTO BE RELOCATEDTREE EXHIBIT # 210197" FLOWERING CRABAPPLEFAIRTO REMAINTREE EXHIBIT # 47292" KENTUCKY COFFEE TREEGOODTO BE RELOCATEDTREE EXHIBIT # 47283" KENTUCKY COFFEE TREEGOODTO REMAINTREE EXHIBIT # 47272" FRONTIER HYBRID ELMGOODTO BE RELOCATEDTREE EXHIBIT # 47262" HACKBERRYGOODTO REMAINTREE EXHIBIT # 210172" CATALPAGOODTO REMAINTREE EXHIBIT # 210162" PURPLE ROBE BLACK LOCUSTGOODTO BE RELOCATEDTREE EXHIBIT # 210152" CATALPADAMAGEDTO BE REMOVEDTREE EXHIBIT # 47252" GINKGOGOOD TO BE RELOCATEDTTREE EXHIBIT # 48022" KENTUCKY COFFEE TREEGOODTO REMAINTREE EXHIBIT # 343223" PRINCETON ELMGOODTO BE RELOCATEDTREE EXHIBIT # 47303" PRINCETON ELMGOODTO REMAIN1R 2R 3R 4R 5R 6R 10R 11R 12R 13HH
$$TRTRTRS.B.TRMATCH LINE MATCH LINE
MATCH LINE MATCH LINE
SHERMAN AVE.SHERMAN AVE.VPVP BIKE RACK
B
IKE RACK
BIKE RACK
BIKE RACK
B
IKE RACK
B
IKE RACK
B
IKE RACK
B
IKE RACK
423
423
17 18 19 20+00 21 22 2 3
REL9'-4" (MIN. 12' 0")30'-0"30'-0"30'-0"15'-0"12'-0"15'-0"30'-0"15'-0"(MIN. 12' 0")15(MIN19'-11"(MIN. 5' 0")26'-4"12'-0"(MIN. 12' 0")12'-0"(MIN. 12' 0")30'-0"30'-0"26'-6"38'-3" (MIN. 20' 0")13'-8"(MIN. 12' 0')17'-10" (MIN. 15' 0")8'-9"(MIN. 5')18'-11" (MIN. 12' 0")38'-9" (MIN. 20' 0")37'-10" (MIN. 30' 0")6'-10"(MIN. 5')11'-0"24'-3" (MIN.15' 0")30'-0"30'-0"30'-0"30'-0"16'-4" (MIN. 12' 0")SHERMAN AVE.SHERMAN AVE.30'-0"HH
$$TRTRTRS.B.TRMATCH LINE MATCH LINE
MATCH LINE MATCH LINE
9'-4" (MIN. 12' 0")30'-0"30'-0"30'-0"15'-0"12'-0"15'-0"13'-5"30'-0"15'-0" (MIN. 12' 0")15'-0" (MIN17'-8" (MIN. 5' 0")22'-11"(MIN. 5' 0")30'-0"6'-4" (MIN. 5')12'-0"(MIN. 12' 0")32'-2" (MIN. 30' 0")22'-11"(MIN. 5' 0")12'-0"(MIN. 12' 0")30'-0"30'-0"26'-6"38'-3" (MIN. 20' 0")17'-10" (MIN. 15' 0")33'-4" (MIN. 15' 0")8'-9"(MIN. 5')18'-11" (MIN. 12' 0")38'-9" (MIN. 20' 0")37'-10" (MIN. 30' 0")6'-10"(MIN. 5')11'-0"24'-3" (MIN.15' 0")30'-0"30'-0"30'-0"6'-4"(MIN. 5' 0")26'-4"26'-6"29'-3"29'-3"ZSZSCSCATALPACOHACKBERRYR10REGAL PRINCE OAKCOHACKBERRYCSCATALPACSCATALPAUAPRINCETON ELMCOHACKBERRYQBSWAMP WHITE OAKRPPURPLE ROBE ROBINIACOHACKBERRYGDKENTUCKY COFFEE TREETDBALD CYPRESSRPPURPLE ROBE ROBINIAZSZELKOVAZSZELKOVARPPURPLE ROBE ROBINIATDBALD CYPRESSRPPURPLE ROBE ROBINIATDBALD CYPRESSRPPURPLE ROBEROBINIACSCATALPACOHACKBERRYGDKENTUCKYCOFFEE TREESHERMAN AVE.SHERMAN AVE.13'-5"EXISTING TREE ACTION LEGEND:EXISTING TREES TO REMAIN,PROTECT IN PLACEEXISTING TREES TO BE RELOCATEDFOR NEW LOCATIONEXISTING TREES TO BE REMOVEDR XPROPOSED TREE LEGEND:EXISTING TREES TO REMAINRELOCATED TREESPROPOSED TREESR XXXT(18) TRASH(16) RECYCLE(9) PLANTER(2) BENCHR(2) SIGNAL BOXS.B.(3) MAIL BOXES(7) BIKE RACKS(2) SIGNAGE(2) PAY TO PARKEXISTING SITE AMENITIES LEGEND:$(3) STUMPT(19) TRASH(19) RECYCLE(13) PLANTER(4) BENCHR(3) MAIL BOXES(7) BIKE RACKS(2) SIGNAGE(2) PAY TO PARKPROPOSED SITE AMENITIES LEGEND:$5X5 STANDARD TREE GRATE WITHBRICK BANDING SURROUNDPLANTING BEDDAVIT ROADWAY LIGHTTALLMADGE LIGHTUNDERPASS LIGHTPERMEABLE PAVING(6) BOLLARDSCITY OF EVANSTONPUBLIC WORKS AGENCYBUREAU OF CAPITAL PLANNING AND ENGINEERINGXX/XX/XXXXXX/XX/XXXXXX/XX/XXXXXX/XX/XXXXNO.1234REVISIONDATEVERTICAL N/AHORIZONTAL 1" = 20' 0"SCALE PROJECT NUMBER: PW-WMRS-XXXXCHECKED BY:DRAWN BY:DESIGNED BY:BID NUMBER:ISSUED FOR:DATE:SHEETMAIN STREET RECONSTRUCTION K:\Projects\Commercial\Main Street Improvement Project\Design\CAD\Sheets\L-4
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L-2 OF 5EXISTING CONDITIONS, TRANSPLANTS & REMOVALS PLANPROPOSED LANDSCAPE PLANPROPOSED LANDSCAPE PLAN STA 16+50 - STA 22+00Page 30 of 143 Doc ID: 9d5be904663e69bcbde23c3190f3b63fecfd92f5
BIKE RACK BIKE RACK BIKE RACK BIKE RACK 21REL$$TRTR30'-0"15'-0" (MIN. 12' 0")15'-017'-8" (MIN. 5' 0")22'-11"(MIN. 5' 0")30'-0"6'-4" (MIN. 5')12'-0"(MIN. 12' 0")30'-0"30'-0"26'-6"17'-10" (MIN. 15' 0")33'-4" (MIN. 15' 0")6'-4"(MIN. 5' 0")26'-4"26'-6"29'-3"29'-3"ZSZSTDBALD CYPRESSRPPURPLE ROBE ROBINIAZSZELKOVAZSZELKOVARPPURPLE ROBE ROBINIATDBALD CYPRESSRPPURPLE ROBE ROBINIATDBALD CYPRESSRPPURPLE ROBEROBINIACSCATALPACOHACKBERRYT(19) TRASH(19) RECYCLE(13) PLANTER(4) BENCHR(3) MAIL BOXES(7) BIKE RACKS(2) SIGNAGE(2) PAY TO PARKPROPOSED SITE AMENITIES LEGEND:$5X5 STANDARD TREE GRATE WITHBRICK BANDING SURROUNDPLANTING BEDDAVIT ROADWAY LIGHTTALLMADGE LIGHTUNDERPASS LIGHTPERMEABLE PAVING(6) BOLLARDSMID BLOCK CROSSING - LANDSCAPE PLANAABBPage 31 of 143 Doc ID: 9d5be904663e69bcbde23c3190f3b63fecfd92f5
GVWWWVWVWVWWVWGVWWGVWVWVWVWVGMGVVPGVWGMGVBRICK B
IKE RACK
BIKE RACK
B
IKE RACK
BIKE RACK
423 423
BH EAST
BH WEST
BH EAST
BH WEST
BR EAST
BR WEST
BR WEST
BR BR NORTH
BR SOUTH RCUSTER AVE.
CHICAGO AVE.
CHICAGO AVE.
CUSTER AVE.TREE EXHIBIT # 48132" FRONTIER HYBRID ELMGOODTO BE RELOCATEDTREE EXHIBIT # 48154" KENTUCKY COFFEE TREEGOODTO REMAINTREE EXHIBIT # 48178" PRINCETON ELMGOOD TO REMAINTRTREE EXHIBIT # 47242" CATALPAGOODTO BE RELOCATEDTREE EXHIBIT # 47232" PURPLE ROBE BLACKLOCUSTGOODTO BE RELOCATEDTREE EXHIBIT # 47222" CATALPAGOODTO BE RELOCATEDTRTREE EXHIBIT # 48142" GINKGOGOODTO BE RELOCATEDR 7TREE EXHIBIT # 4812STUMP TO BE REMOVEDTREE EXHIBIT # 48162" KENTUCKY COFFEE TREEGOODTO BE RELOCATEDR 8R 9TREE EXHIBIT # 47214" GINKGOFAIR / POORTO BE REMOVEDR 14R 16R 15HHS.B.TRTRTRTTRTRMATCH LINE MATCH LINE
MATCH LINE MATCH LINE
CUSTER AVE.
CHICAGO AVE.
CHICAGO AVE.
CUSTER AVE.GVWWWVWVWVWWVWGVWWGVWVWVWVWVGMGVVPGVWGMGV 22 23 24 25+00 26 27 1
0+00
1 2R5(MI32'-1" (MIN. 20')12'-0"52'-3" (MIN. 30' 0")64'-1" (MIN. 20' 0")44'-8" (MIN46'-6" (MIN. 12' 0")82'-0"30'-0"17'-0" (MIN. 12' 0")13'-0"(MIN. 12' 0")30'-0"30'-0"30'-0""15'-0"(MIN. 12' 0")CUSTER AVE.
CHICAGO AVE.
CHICAGO AVE.
CUSTER AVE.TRHHS.B.TRTRTRTTRRTRMATCH LINE MATCH LINE
MATCH LINE MATCH LINE
32'-1" (MIN. 20')12'-0"52'-3" (MIN. 30' 0")64'-1" (MIN. 20' 0")46'-6" (MIN. 12' 0")73'-10"30'-0"17'-0" (MIN. 12' 0")13'-0"(MIN. 12' 0")30'-0"30'-0"30'-0""5'-0" (MIN. 12' 0")44'-8" (MIN5(MI44'-8" (MINGDKENTUCKY COFFEE TREEQBSWAMP WHITE OAKTDBALD CYPRESSGBGINKGOGBGINKGOGDKENTUCKYCOFFEETREETDBALDCYPRESSTDBALDCYPRESSQBSWAMPWHITE OAKR 15GINKGOCUSTER AVE.
CHICAGO AVE.
CHICAGO AVE.
CUSTER AVE.EXISTING TREE ACTION LEGEND:EXISTING TREES TO REMAIN,PROTECT IN PLACEEXISTING TREES TO BE RELOCATEDFOR NEW LOCATIONEXISTING TREES TO BE REMOVEDR XPROPOSED TREE LEGEND:EXISTING TREES TO REMAINRELOCATED TREESPROPOSED TREESR XXXT(18) TRASH(16) RECYCLE(9) PLANTER(2) BENCHR(2) SIGNAL BOXS.B.(3) MAIL BOXES(7) BIKE RACKS(2) SIGNAGE(2) PAY TO PARKEXISTING SITE AMENITIES LEGEND:$(3) STUMPT(19) TRASH(19) RECYCLE(13) PLANTER(4) BENCHR(3) MAIL BOXES(7) BIKE RACKS(2) SIGNAGE(2) PAY TO PARKPROPOSED SITE AMENITIES LEGEND:$5X5 STANDARD TREE GRATE WITHBRICK BANDING SURROUNDPLANTING BEDDAVIT ROADWAY LIGHTTALLMADGE LIGHTUNDERPASS LIGHTPERMEABLE PAVING(6) BOLLARDSCITY OF EVANSTONPUBLIC WORKS AGENCYBUREAU OF CAPITAL PLANNING AND ENGINEERINGXX/XX/XXXXXX/XX/XXXXXX/XX/XXXXXX/XX/XXXXNO.1234REVISIONDATEVERTICAL N/AHORIZONTAL 1" = 20' 0"SCALE PROJECT NUMBER: PW-WMRS-XXXXCHECKED BY:DRAWN BY:DESIGNED BY:BID NUMBER:ISSUED FOR:DATE:SHEETMAIN STREET RECONSTRUCTION K:\Projects\Commercial\Main Street Improvement Project\Design\CAD\Sheets\L-4
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L-3 OF 5PROPOSED LANDSCAPE PLAN STA 22+00 - STA 27+70EXISTING CONDITIONS, TRANSPLANTS & REMOVALS PLANPROPOSED LANDSCAPE PLANPage 32 of 143 Doc ID: 9d5be904663e69bcbde23c3190f3b63fecfd92f5
EXISTING TREE ACTION LEGEND:EXISTING TREES TO REMAIN,PROTECT IN PLACEEXISTING TREES TO BE RELOCATEDFOR NEW LOCATIONEXISTING TREES TO BE REMOVEDR XPROPOSED TREE LEGEND:EXISTING TREES TO REMAINRELOCATED TREESPROPOSED TREESR XXXGVTSTSW GVWW 28 29 30+00 31 32 33 2 332'-8"(MIN. 20' 0")10'-4"(MIN. 12' 0")37'-1"(MIN. 30' 0")15'-6"(MIN. 15' 0")12'-9"(MIN. 15' 0")58'-11"(MIN. 30' 0")25'-5"5'-9"(MIN. 5' 0")13'-10"(MIN. 5' 0")20'-0"(MIN. 12' 0")42'-7"34'-6"(MIN. 12' 0")44'-8" (MIN. 20' 0")6'-9"(MIN. 5' 0")22'-6" (MIN. 15' 0")27'-11" (MIN. 12' 0")HINMAN AVE.
HINMAN AVE.29'-6"27'-11"27'-11"41'-8"22'-0"TRTRTRTRRTRTTRMATCH LINE MATCH LINE
15'-6"(MIN. 15' 0")12'-9"(MIN. 15' 0")30'-0"34'-6"(MIN. 12' 0")6'-9"(MIN. 5' 0")22'-6" (min. 15' 0")43'-9"30'-0"32'-8"(MIN. 20' 0")10'-4"(MIN. 12' 0")37'-1"(MIN. 30' 0")44'-8" (MIN. 20' 0")27'-11" (MIN. 12' 0")15'-6"(MIN. 15' 0")12'-9"(MIN. 15' 0")58'-11"(MIN. 30' 0")25'-5"13'-10"(MIN. 5' 0")20'-0"(MIN. 12' 0")42'-7"34'-6"(MIN. 12' 0")44'-8" (MIN. 20' 0")6'-9"(MIN. 5' 0")27'-11" (MIN. 12' 0")29'-6"27'-11"27'-11"41'-8"22'-0"30'-7"29'-7" (MIN. 15' 0")QWREGAL PRINCE OAKQWREGAL PRINCE OAKCSCATALPAHINMAN AVE.
HINMAN AVE.CONCGVTSTSW GVWWBRICKHINMAN AVE.
HINMAN AVE.TREE EXHIBIT NO I.D.4" CALLERY PEARGOODTO REMAINTREE EXHIBIT # 343884 CALLERY PEARGOODTO REMAINTREE EXHIBIT # 276522" KENTUCKY COFFEE TREEGOODTO REMAINTREE EXHIBIT # 276532" FRONTIER HYBRID ELMGOODTO REMAINTREE EXHIBIT # 276542" JAPANESE ZELKOVAGOODTO REMAINTREE EXHIBIT # 276482" CATALPAGOODTO REMAINTREE EXHIBIT # 276472" PRINCETON ELMGOODTO REMAINTREE EXHIBIT # 276465" KENTUCKY COFFEE TREEGOODTO REMAINTREE EXHIBIT # 276452" KENTUCKY COFFEE TREEGOODTO REMAINTREE EXHIBIT # 276442" THORNLESS HONEYLOCUSTGOODTO REMAINTREE EXHIBIT # 276432" SWAMP WHITE OAKGOODTO REMAINTREE EXHIBIT # 276422" JAPANESE ZELKOVAGOODTO REMAINTREE EXHIBIT # 343834" CALLERY PEARGOODTO REMAINTREE EXHIBIT # 343844" CALLERY PEARGOODTO REMAINTREE EXHIBIT # 343854" CALLERY PEARGOODTO REMAINTREE EXHIBIT # 343864" CALLERY PEARGOODTO REMAINTREE EXHIBIT # 343874" CALLERY PEARGOODTO REMAINHTRTTRRTRTRTRTRTMATCH LINE MATCH LINE
HINMAN AVE.
HINMAN AVE.T(18) TRASH(16) RECYCLE(9) PLANTER(2) BENCHR(2) SIGNAL BOXS.B.(3) MAIL BOXES(7) BIKE RACKS(2) SIGNAGE(2) PAY TO PARKEXISTING SITE AMENITIES LEGEND:$(3) STUMPT(19) TRASH(19) RECYCLE(13) PLANTER(4) BENCHR(3) MAIL BOXES(7) BIKE RACKS(2) SIGNAGE(2) PAY TO PARKPROPOSED SITE AMENITIES LEGEND:$5X5 STANDARD TREE GRATE WITHBRICK BANDING SURROUNDPLANTING BEDDAVIT ROADWAY LIGHTTALLMADGE LIGHTUNDERPASS LIGHTPERMEABLE PAVING(6) BOLLARDSCITY OF EVANSTONPUBLIC WORKS AGENCYBUREAU OF CAPITAL PLANNING AND ENGINEERINGXX/XX/XXXXXX/XX/XXXXXX/XX/XXXXXX/XX/XXXXNO.1234REVISIONDATEVERTICAL N/AHORIZONTAL 1" = 20' 0"SCALE PROJECT NUMBER: PW-WMRS-XXXXCHECKED BY:DRAWN BY:DESIGNED BY:BID NUMBER:ISSUED FOR:DATE:SHEETMAIN STREET RECONSTRUCTION K:\Projects\Commercial\Main Street Improvement Project\Design\CAD\Sheets\L-4
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L-4 OF 5PROPOSED LANDSCAPE PLAN STA 27+70 - STA 32+00EXISTING CONDITIONS, TRANSPLANTS & REMOVALS PLANPROPOSED LANDSCAPE PLANPage 33 of 143 Doc ID: 9d5be904663e69bcbde23c3190f3b63fecfd92f5
EXHIBIT 2
MWRDGC’S PURCHASING ACT
Page 34 of 143 Doc ID: 9d5be904663e69bcbde23c3190f3b63fecfd92f5
Version 2-1-16
(70 ILCS 2605/11.1) (from Ch. 42, par. 331.1)
Sec. 11.1. Sections 11.1 through 11.24 of this amendatory
Act of 1963 shall be known and may be cited as the "Purchasing
Act for the Metropolitan Sanitary District of Greater
Chicago."
(Source: P.A. 82-1046.)
(70 ILCS 2605/11.2) (from Ch. 42, par. 331.2)
Sec. 11.2. In addition to all the rights, powers,
privileges, duties and obligations conferred thereon in "An
Act to create sanitary districts and to remove obstructions in
the Des Plaines and Illinois rivers", approved May 29, 1889,
as amended, the Metropolitan Sanitary District of Greater
Chicago shall have the rights, powers and privileges and shall
be subject to the duties and obligations conferred thereon by
this amendatory Act of 1963.
(Source: Laws 1963, p. 2498.)
(70 ILCS 2605/11.3) (from Ch. 42, par. 331.3)
Sec. 11.3. Except as provided in Sections 11.4 and 11.5,
all purchase orders or contracts involving amounts in excess
of the mandatory competitive bid threshold and made by or on
behalf of the sanitary district for labor, services or work,
the purchase, lease or sale of personal property, materials,
equipment or supplies, or the granting of any concession,
shall be let by free and open competitive bidding after
advertisement, to the lowest responsible bidder or to the
highest responsible bidder, as the case may be, depending upon
whether the sanitary district is to expend or receive money.
All such purchase orders or contracts which shall involve
amounts that will not exceed the mandatory competitive bid
threshold, shall also be let in the manner prescribed above
whenever practicable, except that after solicitation of bids,
such purchase orders or contracts may be let in the open
market, in a manner calculated to insure the best interests of
the public. The provisions of this section are subject to any
contrary provisions contained in "An Act concerning the use of
Illinois mined coal in certain plants and institutions", filed
July 13, 1937, as heretofore and hereafter amended. For
purposes of this Section, the "mandatory competitive bid
threshold" is a dollar amount equal to 0.1% of the total
general fixed assets of the district as reported in the most
recent required audit report. In no event, however, shall the
mandatory competitive bid threshold dollar amount be less than
$10,000 or more than $40,000.
Notwithstanding the provisions of this Section, the
sanitary district is expressly authorized to establish such
procedures as it deems appropriate to comply with state or
federal regulations as to affirmative action and the
utilization of small and minority businesses in construction
Page 35 of 143 Doc ID: 9d5be904663e69bcbde23c3190f3b63fecfd92f5
Version 2-1-16
and procurement contracts.
(Source: P.A. 92-195, eff. 1-1-02.)
(70 ILCS 2605/11.4) (from Ch. 42, par. 331.4)
Sec. 11.4. Contracts which by their nature are not adapted
to award by competitive bidding, such as, but not only,
contracts for the services of individuals possessing a high
degree of professional skill where the ability or fitness of
the individual plays an important part, contracts for the
purchase or sale of utilities and contracts for materials
economically procurable only from a single source of supply
and leases of real property where the sanitary district is the
lessee shall not be subject to the competitive bidding
requirements of this Act. The sanitary district is expressly
authorized to procure from any federal, state or local
governmental unit or agency such surplus materials, as may be
made available without conforming to the competitive bidding
requirements of this Act. Regular employment contracts,
whether classified in civil service or not, shall not be
subject to the competitive bidding requirements of this Act.
(Source: Laws 1963, p. 2498.)
(70 ILCS 2605/11.5) (from Ch. 42, par. 331.5)
Sec. 11.5. In the event of an emergency affecting the
public health or safety, so declared by action of the board of
trustees, which declaration shall describe the nature of the
injurious effect upon the public health or safety, contracts
may be let to the extent necessary to resolve such emergency
without public advertisement. The declaration shall fix the
date upon which such emergency shall terminate. The date may
be extended or abridged by the board of trustees as in its
judgment the circumstances require.
The executive director appointed in accordance with
Section 4 of this Act shall authorize in writing and certify
to the director of procurement and materials management those
officials or employees of the several departments of the
sanitary district who may purchase in the open market without
filing a requisition or estimate therefor, and without
advertisement, any supplies, materials, equipment or services,
for immediate delivery to meet bona fide operating emergencies
where the amount thereof is not in excess of $50,000;
provided, that the director of procurement and materials
management shall be notified of such emergency. A full written
account of any such emergency together with a requisition for
the materials, supplies, equipment or services required
therefor shall be submitted immediately by the requisitioning
agent to the executive director and such report and
requisition shall be submitted to the director of procurement
and materials management and shall be open to public
inspection for a period of at least one year subsequent to the
Page 36 of 143 Doc ID: 9d5be904663e69bcbde23c3190f3b63fecfd92f5
Version 2-1-16
date of such emergency purchase. The exercise of authority in
respect to purchases for such bona fide operating emergencies
shall not be dependent upon a declaration of emergency by the
board of trustees under the first paragraph of this Section.
(Source: P.A. 95-923, eff. 1-1-09; 96-165, eff. 8-10-09.)
(70 ILCS 2605/11.6) (from Ch. 42, par. 331.6)
Sec. 11.6. The head of each department shall notify the
director of procurement and materials management of those
officers and employees authorized to sign requests for
purchases. Requests for purchases shall be void unless
executed by an authorized officer or employee and approved by
the director of procurement and materials management. Requests
for purchases may be executed, approved and signed manually or
electronically.
Officials and employees making requests for purchases
shall not split or otherwise partition for the purpose of
evading the competitive bidding requirements of this Act, any
undertaking involving amounts in excess of the mandatory
competitive bid threshold.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.7) (from Ch. 42, par. 331.7)
Sec. 11.7. All proposals to award purchase orders or
contracts involving amounts in excess of the mandatory
competitive bid threshold shall be published at least 12
calendar days in advance of the date announced for the
receiving of bids, in a secular English language newspaper of
general circulation in said sanitary district and shall be
posted simultaneously on readily accessible bulletin boards in
the principal office of the sanitary district. Nothing
contained in this section shall be construed to prohibit the
placing of additional advertisements in recognized trade
journals. Advertisements for bids shall describe the character
of the proposed contract or agreement in sufficient detail
either in the advertisement itself or by reference to plans,
specifications or other detail on file at the time of
publication of the first announcement, to enable the bidders
to know what their obligation will be. The advertisement shall
also state the date, time and place assigned for the opening
of bids. No bids shall be received at any time subsequent to
the time indicated in the announcement; however, an extension
of time may be granted for the opening of such bids upon
publication in the same newspaper of general circulation in
said sanitary district stating the date to which bid opening
has been extended. The time of the extended bid opening shall
not be less than 5 days after publication, Sundays and legal
holidays excluded.
Cash, cashier's check or a certified check payable to the
clerk and drawn upon a bank, as a deposit of good faith, in a
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reasonable amount not in excess of 10% of the contract amount,
may be required of each bidder by the director of procurement
and materials management on all bids involving amounts in
excess of the mandatory competitive bid threshold. If a
deposit is required, the advertisement for bids shall so
specify. Instead of a deposit, the director of procurement and
materials management may allow the use of a bid bond if the
bond is issued by a surety company that is listed in the
Federal Register and is authorized to do business in the State
of Illinois.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.8) (from Ch. 42, par. 331.8)
Sec. 11.8. Any agreement or collusion among bidders or
prospective bidders in restraint of freedom of competition by
agreement to bid a fixed price, or otherwise, shall render the
bids of such bidder void. Each bidder shall accompany his bid
with a sworn statement, or otherwise swear or affirm, that he
has not been a party to any such agreement or collusion. Any
disclosure in advance of the opening of bids, on the terms of
the bids submitted in response to an advertisement, made or
permitted by the director of procurement and materials
management or any officer or employee of said sanitary
district shall render the proceedings void and shall require
re-advertisement and re-award.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.9) (from Ch. 42, par. 331.9)
Sec. 11.9. All sealed bids shall be publicly opened by the
director of procurement and materials management, or his
designee, and such bids shall be open to public inspection for
a period of at least 48 hours before award is made; provided,
this provision shall not apply to the sale of bonds, tax
anticipation warrants or other financial obligations of the
sanitary district.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.10) (from Ch. 42, par. 331.10)
Sec. 11.10. Every contract or purchase order involving
amounts in excess of the mandatory competitive bid threshold
shall be signed by the president or other duly authorized
officer of the board of commissioners, by the executive
director, by the clerk and by the director of procurement and
materials management. Each bid with the name of the bidder
shall be entered upon a record which shall be open to public
inspection in the office of the director of procurement and
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materials management. After the award is made, the bids shall
be entered in the official records of the board of
commissioners.
All purchase orders or contracts involving amounts that
will not exceed the mandatory competitive bid threshold shall
be let by the director of procurement and materials
management. They shall be signed by the director of
procurement and materials management and the clerk. All
records pertaining to such awards shall be open to public
inspection for a period of at least one year subsequent to the
date of the award.
An official copy of each awarded purchase order or
contract together with all necessary attachments thereto,
including assignments and written consent of the director of
procurement and materials management shall be retained by the
director of procurement and materials management in an
appropriate file open to the public for such period of time
after termination of contract during which action against the
municipality might ensue under applicable laws of limitation.
Certified copies of all completed contracts and purchase
orders shall be filed with the clerk. After the appropriate
period, purchase orders, contracts and attachments in the
clerk's possession may be destroyed by direction of the
director of procurement and materials management.
The provisions of this Act are not applicable to joint
purchases of personal property, supplies and services made by
governmental units in accordance with Sections 1 through 5 of
"An Act authorizing certain governmental units to purchase
personal property, supplies and services jointly," approved
August 15, 1961.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.11) (from Ch. 42, par. 331.11)
Sec. 11.11. In determining the responsibility of any
bidder, the director of procurement and materials management
may take into account, in addition to financial
responsibility, past records of transactions with the bidder,
experience, adequacy of equipment, ability to complete
performance within a specific time and other pertinent
factors, including but not limited to whether the equipment or
material is manufactured in North America.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.12) (from Ch. 42, par. 331.12)
Sec. 11.12. Any and all bids received in response to an
advertisement may be rejected by the director of procurement
and materials management if the bidders are not deemed
responsible, or the character or quality of the services,
supplies, materials, equipment or labor do not conform to
requirements, or if the public interest may be better served
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(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.13) (from Ch. 42, par. 331.13)
Sec. 11.13. Bond, with sufficient sureties, in such amount
as shall be deemed adequate by the director of procurement and
materials management not only to insure performance of the
contract in the time and manner specified in said contract but
also to save, indemnify and keep harmless the sanitary
district against all liabilities, judgments, costs and
expenses which may in anywise accrue against said sanitary
district in consequence of the granting of the contract or
execution thereof shall be required for all contracts relative
to construction, rehabilitation or repair of any of the works
of the sanitary district and may be required of each bidder
upon all other contracts in excess of the mandatory
competitive bid threshold when, in the opinion of the director
of procurement and materials management, the public interest
will be better served thereby.
In accordance with the provisions of "An Act in relation
to bonds of contractors entering into contracts for public
construction", approved June 20, 1931, as amended, all
contracts for construction work, to which the sanitary
district is a party, shall require that the contractor furnish
bond guaranteeing payment for materials and labor utilized in
the contract.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.14) (from Ch. 42, par. 331.14)
Sec. 11.14. No contract to which the sanitary district is
a party shall be assigned by the successful bidder without the
written consent of the director of procurement and materials
management. In no event shall a contract or any part thereof
be assigned to a bidder who has been declared not to be a
responsible bidder in the consideration of bids submitted upon
the particular contract.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.15) (from Ch. 42, par. 331.15)
Sec. 11.15. No person shall be employed upon contracts for
work to be done by any such sanitary district unless he or she
is a citizen of the United States, a national of the United
States under Section 1401 of Title 8 of the United States
Code, an alien lawfully admitted for permanent residence under
Section 1101 of Title 8 of the United States Code, an
individual who has been granted asylum under Section 1158 of
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Title 8 of the United States Code, or an individual who is
otherwise legally authorized to work in the United States.
(Source: P.A. 98-280, eff. 8-9-13; 99-231, eff. 8-3-15.)
(70 ILCS 2605/11.16) (from Ch. 42, par. 331.16)
Sec. 11.16. The executive director, with the advice and
consent of the board of trustees, shall appoint the director
of procurement and materials management. Any person appointed
as the director of procurement and materials management must
have served at least 5 years in a responsible executive
capacity requiring knowledge and experience in large scale
purchasing activities.
In making the appointment, the president shall appoint an
advisory committee consisting of 5 persons, one of whom shall
be the executive director, which advisory board shall submit
not fewer than 3 names to the general superintendent for the
appointment. The executive director shall make the appointment
from nominees submitted by the Advisory Committee after giving
due consideration to each nominee's executive experience and
his ability to properly and effectively discharge the duties
of the director of procurement and materials management.
The director of procurement and materials management may
be removed for cause by the executive director. He is entitled
to a public hearing before the executive director prior to
such anticipated removal. The director of procurement and
materials management is entitled to counsel of his own choice.
The executive director shall notify the board of trustees of
the date, time, place and nature of each hearing and he shall
invite the board to appear at each hearing.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.17) (from Ch. 42, par. 331.17)
Sec. 11.17. Powers of director of procurement and
materials management. The director of procurement and
materials management shall: (a) adopt, promulgate and from
time to time revise rules and regulations for the proper
conduct of his office; (b) constitute the agent of the
sanitary district in contracting for labor, materials,
services, or work, the purchase, lease or sale of personal
property, materials, equipment or supplies in conformity with
this Act; (c) open all sealed bids; (d) determine the lowest
or highest responsible bidder, as the case may be; (e) enforce
written specifications describing standards established
pursuant to this Act; (f) operate or require such physical,
chemical or other tests as may be necessary to insure
conformity to such specifications with respect to quality of
materials; (g) exercise or require such control as may be
necessary to insure conformity to contract provisions with
respect to quantity; (h) distribute or cause to be
distributed, to the various requisitioning agencies of such
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sanitary district such supplies, materials or equipment, as
may be purchased by him; (i) transfer materials, supplies, and
equipment to or between the various requisitioning agencies
and to trade in, sell, donate, or dispose of any materials,
supplies, or equipment that may become surplus, obsolete, or
unusable; except that materials, supplies, and equipment may
be donated only to not-for-profit institutions; (j) control
and maintain adequate inventories and inventory records of all
stocks of materials, supplies and equipment of common usage
contained in any central or principal storeroom, stockyard or
warehouse of the sanitary district; (k) assume such related
activities as may be assigned to him from time to time by the
board of trustees; and (m) submit to the board of trustees an
annual report describing the activities of his office. The
report shall be placed upon the official records of the
sanitary district or given comparable public distribution.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.18) (from Ch. 42, par. 331.18)
Sec. 11.18. The board of trustees is expressly authorized
to establish a revolving fund to enable the director of
procurement and materials management to purchase items of
common usage in advance of immediate need. The revolving fund
shall be reimbursed from appropriations of the using agencies.
No officer or employee of a sanitary district organized
pursuant to this Act shall be financially interested, directly
or indirectly, in any bid, purchase order, lease or contract
to which such sanitary district is a party. For purposes of
this Section an officer or employee of the sanitary district
is deemed to have a direct financial interest in a bid,
purchase order, lease or contract with the district, if the
officer or employee is employed by the district and is
simultaneously employed by a person or corporation that is a
party to any bid, purchase order, lease or contract with the
sanitary district.
Any officer or employee convicted of a violation of this
section shall forfeit his office or employment and in addition
shall be guilty of a Class 4 felony.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.19) (from Ch. 42, par. 331.19)
Sec. 11.19. No department, office, agency or
instrumentality, officer or employe of the sanitary district,
shall be empowered to execute any purchase order or contract
except as expressly authorized by this Act.
(Source: Laws 1963, p. 2498.)
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(70 ILCS 2605/11.19a) (from Ch. 42, par. 331.19a)
Sec. 11.19a. Purchases made pursuant to this Act shall be
made in compliance with the "Local Government Prompt Payment
Act", approved by the Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
(70 ILCS 2605/11.20) (from Ch. 42, par. 331.20)
Sec. 11.20. There shall be a board of standardization,
composed of the director of procurement and materials
management of the sanitary district who shall be chairman, and
4 other members who shall be appointed by the president of the
board of trustees of the sanitary district. The members shall
be responsible heads of a major office or department of the
sanitary district and shall receive no compensation for their
services on the board. The board shall meet at least once each
3 calendar months upon notification by the chairman at least 5
days in advance of the date announced for such meeting.
Official action of the board shall require the vote of a
majority of all members of the board. The chairman shall cause
to be prepared a report describing the proceedings of each
meeting. The report shall be transmitted to each member and
shall be made available to the president and board of trustees
of such sanitary district within 5 days subsequent to the date
of the meeting and all such reports shall be open to public
inspection, excluding Sundays and legal holidays.
The board of standardization shall: (a) classify the
requirements of the sanitary district, including the
departments, offices and other boards thereof, with respect to
supplies, materials and equipment; (b) adopt as standards, the
smallest numbers of the various qualities, sizes and varieties
of such supplies, materials and equipment as may be consistent
with the efficient operation of the sanitary district; and (c)
prepare, adopt, promulgate, and from time to time revise,
written specifications describing such standards.
Specifications describing in detail the physical, chemical
and other characteristics of supplies, material or equipment
to be acquired by purchase order or contract shall be prepared
by the board of standardization. However, all specifications
pertaining to the construction, alteration, rehabilitation or
repair of any real property of such sanitary district shall be
prepared by the engineering agency engaged in the design of
such construction, alteration, rehabilitation or repair, prior
to approval by the director of procurement and materials
management. The specification shall form a part of the
purchase order or contract, and the performance of all such
contracts shall be supervised by the engineering agency
designated in the contracts.
In the preparation or revision of standard specifications
the board of standardization shall solicit the advice,
assistance and cooperation of the several requisitioning
agencies and shall be empowered to consult such public or non-
public laboratory or technical services as may be deemed
expedient. After adoption, each standard specification shall,
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until rescinded, apply alike in terms and effect to every
purchase order or contract for the purchase of any commodity,
material, supply or equipment. The specifications shall be
made available to the public upon request.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.21) (from Ch. 42, par. 331.21)
Sec. 11.21. Official ordinances authorized by this Act
shall be adopted by formal action of the board of trustees of
the sanitary district and shall be published for the
information of the public.
(Source: Laws 1963, p. 2498.)
(70 ILCS 2605/11.22) (from Ch. 42, par. 331.22)
Sec. 11.22. Any purchase order or contract executed in
violation of this Act shall be null and void. Public funds
which have been expended thereon, may be recovered in the name
of the sanitary district in any court of competent
jurisdiction.
(Source: Laws 1963, p. 2498.)
(70 ILCS 2605/11.23) (from Ch. 42, par. 331.23)
Sec. 11.23. The comptroller of the sanitary district shall
conduct audits of all expenditures incident to all purchase
orders and contracts awarded by the director of procurement
and materials management. The comptroller shall report the
results of such audits to the president and board of trustees.
(Source: P.A. 95-923, eff. 1-1-09.)
(70 ILCS 2605/11.24) (from Ch. 42, par. 331.24)
Sec. 11.24. (a) A person or business entity shall be
disqualified from doing business with The Metropolitan
Sanitary District of Greater Chicago for a period of 5 years
from the date of conviction or entry of a plea or admission of
guilt, if that person or business entity:
1. has been convicted of an act of bribery or
attempting to bribe an officer or employee of the federal
government or of a unit of any state or local government
or school district in that officer's or employee's
official capacity; or
2. has been convicted of an act of bid-rigging or
attempting to rig bids as defined in the Federal Sherman
Anti-Trust Act and Clayton Act; or
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3. has been convicted of bid-rigging or attempting
to rig bids under the laws of the State of Illinois or any
other state; or
4. has been convicted of an act of price-fixing or
attempting to fix prices as defined by the Federal Sherman
Anti-Trust Act and Clayton Act; or
5. has been convicted of price-fixing or attempting
to fix prices under the laws of the State of Illinois or
any other state; or
6. has been convicted of defrauding or attempting to
defraud the Federal government or a unit of any state or
local government or school district; or
7. has made an admission of guilt of such conduct as
set forth in subsections 1 through 6 above, which
admission is a matter of record, whether or not such
person or business entity was subject to prosecution for
the offense or offenses admitted to; or
8. has entered a plea of nolo contendere to charges
of bribery, price-fixing, bid-rigging, or fraud as set
forth in subsections 1 through 6 above.
(b) "Business entity" as used in this section means a
corporation, partnership, trust, association, unincorporated
business or individually owned business.
(c) A business entity shall be disqualified if the
following persons are convicted of, have made an admission of
guilt, or enter a plea of nolo contendere to a disqualifying
act described in paragraph (a), subsections 1 through 6,
regardless of whether or not the disqualifying act was
committed on behalf or for the benefit of such business
entity:
(1) a person owning or controlling, directly or
indirectly, 20% or more of its outstanding shares; or
(2) a member of its board of directors; or
(3) an agent, officer or employee of such business
entity.
(d) Disqualification Procedure. After bids are received,
whether in response to a solicitation for bids or public
advertising for bids, if it shall come to the attention of the
director of procurement and materials management that a bidder
has been convicted, made an admission of guilt, a plea of nolo
contendere, or otherwise falls within one or more of the
categories set forth in paragraphs (a), (b) or (c) of this
Section, the director of procurement and materials management
shall notify the bidder by certified mail, return receipt
requested, that such bidder is disqualified from doing
business with the Sanitary District. The notice shall specify
the reasons for disqualification.
(e) Review Board. A review board consisting of 3
individuals shall be appointed by the Executive Director of
the Sanitary District. The board shall select a chairman from
its own members. A majority of the members shall constitute a
quorum and all matters coming before the board shall be
determined by a majority. All members of the review board
shall serve without compensation, but shall be reimbursed
actual expenses.
(f) Review. The director of procurement and materials
management's determination of disqualification shall be final
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as of the date of the notice of disqualification unless,
within 10 calendar days thereafter, the disqualified bidder
files with the director of procurement and materials
management a notice of appeal. The notice of appeal shall
specify the exceptions to the director of procurement and
materials management's determination and shall include a
request for a hearing, if one is desired. Upon receipt of the
notice of appeal, the director of procurement and materials
management shall provide a copy to each member of the review
board. If the notice does not contain a request for a hearing,
the director of procurement and materials management may
request one within 5 days after receipt of the notice of
appeal. If a hearing is not requested, the review board may,
but need not, hold a hearing.
If a hearing is not requested, the review board, unless it
decides to hold a hearing, shall review the notice of
disqualification, the notice of appeal and any other
supporting documents which may be filed by either party.
Within 15 days after the notice of appeal is filed, the review
board shall either affirm or reverse the director of
procurement and materials management's determination of
disqualification and shall transmit a copy to each party by
certified mail, return receipt requested.
If there is a hearing, the hearing shall commence within
15 days after the filing of the notice of appeal. A notice of
hearing shall be transmitted to the director of procurement
and materials management and the disqualified bidder not later
than 12 calendar days prior to the hearing date, by certified
mail, return receipt requested.
Evidence shall be limited to the factual issues involved.
Either party may present evidence and persons with relevant
information may testify, under oath, before a certified
reporter. Strict rules of evidence shall not apply to the
proceedings, but the review board shall strive to elicit the
facts fully and in credible form. The disqualified bidder may
be represented by an attorney.
Within 10 calendar days after the conclusion of the
hearing, the review board shall make a finding as to whether
or not the reasons given in the director of procurement and
materials management's notice of disqualification apply to the
bidder, and an appropriate order shall be entered. A copy of
the order shall be transmitted to the director of procurement
and materials management and the bidder by certified mail,
return receipt requested.
(g) All final decisions of the review board shall be
subject to review under the Administrative Review Law.
(h) Notwithstanding any other provision of this section to
the contrary, the Sanitary District may do business with any
person or business entity when it is determined by the
director of procurement and materials management to be in the
best interest of the Sanitary District, such as, but not
limited to contracts for materials or services economically
procurable only from a single source.
(Source: P.A. 95-923, eff. 1-1-09.)
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EXHIBIT 3
MWRDGC’S MULTI-PROJECT LABOR AGREEMENT (MPLA)
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Contract No. ____________________
CERTIFICATE OF COMPLIANCE
WITH MULTI‐PROJECT LABOR AGREEMENT (MPLA)
I ____________________________ (name of Company) hereby acknowledge that I have read the Metropolitan Water
Reclamation District of Greater Chicago’s 2017 Multi Project Labor Agreement (MPLA). I certify that my company and all
subcontractors are in compliance with the MPLA in that my company and all subcontractors agree to be bound by and
operate under a current collective bargaining agreement with a union or labor organization affiliate with the AFL‐CIO
Building Trades Department and the Chicago and Cook County Building and Construction Trades Council , or their affiliates
which have jurisdiction over the work to be performed pursuant to this Contract, (hereinafter referred to as a
“participating trade group”) for all applicable work.
My company is currently a signatory with the following trade groups:
(e.g. Operating Engineers 150) ____________________________________________________________________
______________________________________________________________________________________________
If bidder is not currently signatory with a participating union or labor organization, complete one of the following:
____ The work to be performed by my company will occur at the company’s facility and is exempt from the application
of the MPLA. All other work for which the MPLA is applicable will be performed by signatories to the following
participating trade groups: ________________________________________________________________________
______________________________________________________________________________________________
(Identify all such participating unions or labor organizations. Attach a separate sheet if necessary).
____ I commit to comply with the MPLA by entering into a collective bargaining agreement with the following
participating trade group(s): ______________________________________________________________________
______________________________________________________________________________________________
(Identify all such participating unions or labor organizations. Attach a separate sheet if necessary).
_________________________________
Name of Company
By: __________________________
Signature of Authorized Officer
Attest: __________________________
Secretary
Dated: __________________________
Revised: October 2019
MPLA‐CC‐49
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EXHIBIT 4
AFFIRMATIVE ACTION ORDINANCE, REVISED APPENDIX D
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EXHIBIT 5
VETERAN’S BUSINESS ENTERPRISE CONTRACTING POLICY, APPENDIX V
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EXHIBIT 6
M/W/SBE UTILIZATION PLAN
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REVISED JUNE, 2015
METROPOLITAN WATER RECLAMATION DISTRICT OF
GREATER CHICAGO
MBE, WBE, SBE UTILIZATION PLAN
For Local and Small business entities - Definitions for terms used below can be found in
Appendix D: MBE - Section 5(s); WBE - Section 5(cc); SBE - Section 5(w).
NOTE: The Bidder shall submit with the Bid, originals or facsimile copies
of all MBE, WBE, SBE Subcontractor’s Letter of Intent furnished to all
MBEs, WBEs, and SBEs. IF A BIDDER FAILS TO INCLUDE signed copies
of the MBE, WBE, SBE Utilization Plan and all signed MBE, WBE, SBE
Subcontractor’s Letter of Intent with its bid, said bid will be deemed
nonresponsive and rejected.
All Bidders must sign the signature page UP-5 of the
Utilization Plan, even if a waiver is requested.
Name of Bidder:
Contract No.:
Affirmative Action Contact & Phone No.:
E-Mail Address:
Total Bid:
MBE, WBE, SBE UTILIZATION PLAN AND ALL SIGNED MBE,
WBE, SBE SUBCONTRACTOR’S LETTER OF INTENT MUST
BE COMPLETED, SIGNED AND ACCOMPANY YOUR BID!!!
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The bidder should indicate on the Utilization Plan explicitly if the dollar amounts for the MBE participation will also be counted toward the
achievement of its SBE participation. See Affirmative Action Ordinance, Revised Appendix D, Section 11, Counting MBE, WBE and SBE
Participation towards Contract Goals. (a) (b) (c)
MBE UTILIZATION
Name of MBE and contact person:
Business Phone Number: Email Address:
Address:
Description of Work, Services or Supplies to be provided:
CONTRACT ITEM NO.:
Total Dollar Amount Participation:
If the MBE participation will be counted towards the
achievement of the SBE goal please indicate here:
YES NO
The MBE, WBE, SBE Utilization Plan and the MBE, WBE, SBE Subcontractor’s Letter of Intent MUST Accompany the Bid! ! !
MBE UTILIZATION
Name of MBE and contact person:
Business Phone Number: Email Address:
Address:
Description of Work, Services or Supplies to be provided:
CONTRACT ITEM NO.:
Total Dollar Amount Participation:
If the MBE participation will be counted towards the
achievement of the SBE goal please indicate here: YES NO
The MBE, WBE, SBE Utilization Plan and the MBE, WBE, SBE Subcontractor’s Letter of Intent MUST Accompany the Bid! ! !
MBE UTILIZATION
Name of MBE and contact person:
Business Phone Number: Email Address:
Address:
Description of Work, Services or Supplies to be provided:
CONTRACT ITEM NO.:
Total Dollar Amount Participation:
If the MBE participation will be counted towards the
achievement of the SBE goal please indicate here:
YES NO
The MBE, WBE, SBE Utilization Plan and the MBE, WBE, SBE Subcontractor’s Letter of Intent MUST Accompany the Bid! ! !
(Attach additional sheets as needed)
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The bidder should indicate on the Utilization Plan explicitly if the dollar amounts for the WBE participation will also be counted toward the
achievement of its SBE participation. See Affirmative Action Ordinance, Revised Appendix D, Section 11, Counting MBE, WBE and SBE
Participation towards Contract Goals. (a) (b) (c)
WBE UTILIZATION
Name of WBE and contact person:
Business Phone Number: Email Address:
Address:
Description of Work, Services or Supplies to be provided:
CONTRACT ITEM NO.:
Total Dollar Amount Participation:
If the WBE participation will be counted towards the
achievement of the SBE goal please indicate here:
YES NO
The MBE, WBE, SBE Utilization Plan and the MBE, WBE, SBE Subcontractor’s Letter of Intent MUST Accompany the Bid! ! !
WBE UTILIZATION
Name of WBE and contact person:
Business Phone Number: Email Address:
Address:
Description of Work, Services or Supplies to be provided:
CONTRACT ITEM NO.:
Total Dollar Amount Participation:
If the WBE participation will be counted towards the
achievement of the SBE goal please indicate here: YES NO
The MBE, WBE, SBE Utilization Plan and the MBE, WBE, SBE Subcontractor’s Letter of Intent MUST Accompany the Bid! ! !
WBE UTILIZATION
Name of WBE and contact person:
Business Phone Number: Email Address:
Address:
Description of Work, Services or Supplies to be provided:
CONTRACT ITEM NO.:
Total Dollar Amount Participation:
If the WBE participation will be counted towards the
achievement of the SBE goal please indicate here:
YES NO
The MBE, WBE, SBE Utilization Plan and the MBE, WBE, SBE Subcontractor’s Letter of Intent MUST Accompany the Bid! ! !
(Attach additional sheets as needed)
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SBE UTILIZATION
Name of SBE and contact person:
Business Phone Number: Email Address:
Address:
Description of Work, Services or Supplies to be provided:
CONTRACT ITEM NO.:
Total Dollar Amount Participation:
The MBE, WBE, SBE Utilization Plan and the MBE, WBE, SBE Subcontractor’s Letter of Intent MUST Accompany the Bid! ! !
SBE UTILIZATION
Name of SBE and contact person:
Business Phone Number: Email Address:
Address:
Description of Work, Services or Supplies to be provided:
CONTRACT ITEM NO.:
Total Dollar Amount Participation:
The MBE, WBE, SBE Utilization Plan and the MBE, WBE, SBE Subcontractor’s Letter of Intent MUST Accompany the Bid! ! !
SBE UTILIZATION
Name of SBE and contact person:
Business Phone Number: Email Address:
Address:
Description of Work, Services or Supplies to be provided:
CONTRACT ITEM NO.:
Total Dollar Amount Participation:
(Attach additional sheets as needed)
The MBE, WBE, SBE Utilization Plan and the MBE, WBE, SBE Subcontractor’s Letter of Intent MUST Accompany the Bid! ! !
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SIGNATURE SECTION
On Behalf of I/We hereby acknowledge that
(name of company)
I/WE have read Revised Appendix D, will comply with the provisions of Revised Appendix D, and intend to use the
MBEs, WBEs, and SBEs listed above in the performance of this contract and/or have completed the Waiver Request
Form. To the best of my knowledge, information and belief, the facts and representations contained in this Exhibit
are true, and no material facts have been omitted.
I do solemnly declare and affirm under penalties of perjury that the contents of the foregoing
document are true and correct, and that I am authorized, on behalf of the bidder, to make this
affidavit.
Date Signature of Authorized officer
ATTEST:
Print name and title
Secretary
Phone number
1) The Bidder is required to sign and execute this
page, EVEN IF A WAIVER IS BEING
REQUESTED.
2) Failure to do so will result in a nonresponsive bid
and rejection of the bid.
3) If a waiver is requested, the bidder must also
complete the following “WAIVER REQUEST
FORM.”
The MBE, WBE, SBE Utilization Plan and the MBE, WBE, SBE Subcontractor’s Letter of Intent MUST Accompany the Bid! ! !
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WAIVER REQUEST FORM
If a waiver is requested, the Bidder is required to sign
and execute this page.
Contract No.:
Name of Bidder:
Contact Person and Phone Number:
With respect to the contract specified above, the Bidder hereby requests a
total or partial waiver of the requirement that, pursuant to Section 12 (a)-
(d) of the Affirmative Action Ordinance, Revised Appendix D, it files a MBE,
WBE, SBE Utilization Plan or achieve a particular goal for MBE, WBE, SBE
participation in the contract. The reasons for the request are as follows:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
On Behalf of I/We hereby acknowledge that
(name of company)
I/WE have read Affirmative Action Ordinance, Revised Appendix D, will comply with the provisions of Affirmative
Action Ordinance, Revised Appendix D, and intend to use the MBEs, WBEs, and SBEs listed in the MBE, WBE,
SBE Utilization Plan in the performance of this contract and have completed the Waiver Request Form. To the best
of my knowledge, information and belief, the facts and representations contained in this Waiver Request Form are
true, and no material facts have been omitted.
I do solemnly declare and affirm under penalties of perjury that the contents of the foregoing document are true and
correct, and that I am authorized, on behalf of the contractor, to make this affidavit.
Date Signature of Authorized officer
ATTEST:
Print name and title
Secretary
Phone number
NOTE TO BIDDERS
All Waiver requests are evaluated carefully by the District. The
evaluation is based on your firm’s documented GOOD FAITH
EFFORTS.
The GOOD FAITH EFFORTS MUST be
Undertaken PRIOR to your bid submittal to the District.
Good Faith Efforts are identified on pp. D15–D16,
Section 12. Utilization Plan Submission (e), (i)(i)-(xi).
The MBE, WBE, SBE Utilization Plan and the MBE, WBE, SBE Subcontractor’s Letter of Intent MUST Accompany the Bid! ! !
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MBE, WBE, SBE SUBCONTRACTOR’S LETTER OF INTENT
To: (Name of Bidder) _______________________________________ and the MWRDGC
RE: Contract Name:(Insert Name)______________________________________________
Contract Number: (Insert Number)________________________________________
From: (Name of MBE/WBE/SBE Firm) ________________ MBE: Yes ___ No ___
WBE: Yes ___ No ___
SBE: Yes ___ No ___
The MBE/WBE status of the undersigned is confirmed by the attached letter of
Certification. A certification letter must be attached hereto.
The undersigned is prepared to provide the following described services or
supply the following described goods in connection with the above named
project/contract:
_____________________________________________________________________________
_____________________________________________________________________________
If more space is needed to fully describe the MBE/WBE/SBE firms’ proposed
scope of work and/or payment schedule, attach additional sheets.
The above described performance is offered for the following total price:
$
(Written in Figures) (Written in Words)
In the event of a discrepancy between the “Written in Words” price and the
“Written in Figures” price, the “Written in Words” price shall govern.”
The undersigned will enter into a formal written agreement for the above work
with the Prime Contractor, conditioned upon the execution of a contract by
the Prime contractor with the MWRDGC.
(Signature of Owner, President or Authorized Agent of MBE/WBE/SBE)
Name/Title (Print)
Date Phone________________________________
THIS SIGNED DOCUMENT MUST BE SUBMITTED WITH THE BID.
FAILURE TO DO SO WILL RESULT IN A NONRESPONSIVE BID AND
REJECTION OF THE BID.
All bidders shall submit with the Bid, copies of MBE, WBE, SBE Subcontractor’s Letter of Intent in paper form
with signatures, which were furnished to each MBE, WBE, and SBE listed in its MBE, WBE, SBE Utilization Plan
and must be submitted to the District with its bid as part of its bid packet with either a copy of each MBE, WBE, and
SBE current Letter of Certification from a state or local government or agency or documentation demonstrating that
the MBE, WBE, SBE is a MBE, WBE or SBE within the meaning of this Revised Appendix D. Failure to submit
the MBE, WBE, SBE Subcontractor’s Letter of Intent signed by each MBE, WBE, SBE subcontractor will be
viewed as nonresponsive and the bid will be rejected. All MBE, WBE, SBE Subcontractor’s Letter of Intent must
conform to the MBE, WBE, SBE Utilization Plan submitted with the bid. An original or facsimile copy of MBE,
WBE, SBE Subcontractor’s Letter of Intent will be acceptable.
The MBE, WBE, SBE Utilization Plan and the MBE, WBE, SBE Subcontractor’s Letter of Intent MUST Accompany the Bid! ! !
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EXHIBIT 7
VBE COMMITMENT FORM
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EXHIBIT 8
AFFIRMATIVE ACTION STATUS REPORT
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AFFIDAVIT - AFFIRMATIVE ACTION STATUS REPORT
Notice: This report is required to be submitted at 25%, 50%, 75%, and 100% completion of construction.
Contract Title:
Contract Number:____________________________________________________________________________________________
Prime Contractor’s Name: Mo
Prime’s Contact Name: Estimated Completion Date:
Prime’s Contact Phone #: ( ) Status Report No.: 25% - 50% - 75% - 100%
(CIRCLE ONE)
In connection with the above-captioned contract:
For each MBE, WBE, and SBE subcontractor, including third tier contracts awarded by your MBE/WBE/SBE company,
describe the work or goods or services provided in relation to this contract (indicate line items, if applicable) performed
during the report period.
MBE, WBE, and SBE Subcontractor MBE / WBE
/ SBE
AMOUNT OF CONTRACT AMOUNT PAID TO DATE
DESCRIPTION OF
WORK/SERVICES AND/OR
GOODS PROVIDED. BE
SPECIFIC.
MBE, WBE, and SBE Subcontractor MBE / WBE
/ SBE
AMOUNT OF CONTRACT AMOUNT PAID TO DATE
DESCRIPTION OF
WORK/SERVICES AND/OR
GOODS PROVIDED. BE
SPECIFIC.
MBE, WBE, and SBE Subcontractor MBE / WBE
/ SBE
AMOUNT OF CONTRACT AMOUNT PAID TO DATE
DESCRIPTION OF
WORK/SERVICES AND/OR
GOODS PROVIDED. BE
SPECIFIC.
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MBE, WBE, and SBE Subcontractor MBE / WBE
/ SBE
AMOUNT OF CONTRACT AMOUNT PAID TO DATE
DESCRIPTION OF
WORK/SERVICES AND/OR
GOODS PROVIDED. BE
SPECIFIC.
MBE, WBE, and SBE Subcontractor MBE / WBE
/ SBE
AMOUNT OF CONTRACT AMOUNT PAID TO DATE
DESCRIPTION OF
WORK/SERVICES AND/OR
GOODS PROVIDED. BE
SPECIFIC.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF
THIS DOCUMENT ARE TRUE AND CORRECT, AND THAT I AM AUTHORIZED TO MAKE THIS AFFIDAVIT. I
CERTIFY THAT THE ABOVE NAMED FIRMS WERE AWARDED CONTRACT(S), PERFORMED THE WORK WITH
THEIR OWN FORCES, AMOUNTS LISTED ARE ACCURATE AND PAYMENTS WERE MADE IN ACCORDANCE
WITH CONTRACTUAL OBLIGATIONS. CANCELLED CHECKS AND/OR SUPPORTING INFORMATION WILL BE
ON FILE FOR INSPECTION OR AUDIT.
Name of Affiant:
Title: ____________________________________________________________________________________________
Signature:
(Signature of Affiant)
Date:_____________________________________________________________________________________________
State of County (City) of
This instrument was SUBSCRIBED and SWORN TO before me on __________________________________________
________________________________________
Signature of Notary Public
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EXHIBIT 9
OPERATION AND MAINTENANCE PLAN, INSPECTION LOG
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CITY OF EVANSTON
OPERATION & MAINTENANCE PLAN
FOR
THE MAIN STREET IMPROVEMENTS PROJECT IN EVANSTON, ILLINOIS
Inspection Schedule
By December 31st of each year following final completion of the Project, the City of Evanston (City) must
prepare and submit to MWRDGC a report using the inspection form attached to this Operation &
Maintenance (O&M) Plan detailing its annual inspection, signed by the head of the department
responsible for maintenance duties. The report must also include clear photographs that show the
condition of the entire Project area. For the first three years, MWRDGC and the City will conduct joint
annual inspections. Beginning in the fourth year and continuing through the required maintenance cycle
indicated in the IGA, the City will conduct solo inspections to ensure the work as described in this O&M
Plan is being properly conducted.
Permeable Pavement Systems O&M Plan
The minimum Operation & Maintenance (O&M) requirements outlined in this document shall be
incorporated into the City‘s inspection and maintenance regimen and shall contain specific information
for each Best Management Practice (BMP). Upon completion of project construction, the following
O&M procedures shall take effect and be conducted per the terms of the IGA from the date that
construction was completed.
1. Permeable pavement systems shall be inspected annually and after a rainfall exceeding 1.5 inches.
Any corrective actions determined in the inspection should be performed in a timely manner.
Inspections shall follow the attached Inspection Form.
a. Joint filler in a permeable pavement system must be kept flush with the top of brick.
b. Remove any vegetation growth.
c. Inspect observation wells verify that the aggregate storage reservoir is drawing down
effectively.
d. Inspect all drainage structures for proper operation.
e. Repair any settlement, deformations or cracking that are significant enough to adversely
impact the function of the overall permeable pavement system.
2. The Owner shall keep records of all inspections and significant maintenance activities.
3. Landscaped areas adjacent to permeable pavement systems shall be maintained to prevent soil or
other debris from clogging the permeable pavement system.
4. Surface cleaning of the permeable pavement shall occur at least three (3) times per year (Spring,
Summer, and Fall) and following any rainfall exceeding 1.5 inches.
a. If surface infiltration rates decline, or clogging is occurring, vacuum cleaning is highly
recommended.
5. Winter deicing solutions such as beet juice molasses, calcium chloride and sodium chloride are
acceptable, except on permeable concrete. Unacceptable solutions include sand, magnesium
chloride, calcium magnesium acetate, potassium chloride, and potassium acetate.
6. The following activities shall be prohibited from occurring on the permeable pavement surface:
a. Temporary or permanent stockpiling of soil or other material that can potentially cause or
contribute to clogging.
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b. Application of pavement sealcoating.
c. Application of excessive load, so as to cause cracking and deformation.
d. Application of sand for improving traction.
e. Application of salt on permeable concrete.
f. Applications of chemicals for weed control
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Inspection Log for Permeable Pavements
Refer to the “Evanston’s Operation & Maintenance Plan for the Main Street Improvements Project” for detailed
requirements.
Inspection of the permeable pavement system is required at least once per year and after significant rainfall events
exceeding 1.5 inches
Inspector:
Date: Time:
Time Passed Since Last Rain Event:
Project #:
Project Name:
Permeable/Porous Pavement Area:
General Site Conditions:
Inspection Items Satisfactory (S) or
Unsatisfactory (U)
Comments/Corrective Action, Issue
Location
Surface Infiltration
No sedimentation or signs of sedimentation on permeable
pavement and between pavers in joint aggregate material
No water ponding or evidence of ponding on permeable
pavement
Verify surface infiltration via garden hose test at areas
where sedimentation and/or ponding are suspected
Pavement Condition
No evidence of deterioration
No cuts from utilities visible
No evidence of improper load applied (deformation,
settlement or cracking)
No stockpiling of materials and no seal coating
No vegetation growth between paver joints (if applicable)
Joint material filled to “lip” of pavers (if applicable)
Depth between top of joint material and top edge of paver = _________
Controlling RunOn
Adjacent vegetated areas show no signs of erosion and
runon to permeable pavement
Salt/Deicing (Early Spring only)
No evidence for the use of traction sand
Piles of accumulated salt removed in spring
Drainage Structure Inspection (Early Spring/Late Fall/After >1.5 inches of rainfall)
No evidence of blockage
Good condition, no need for cleaning/repair
Observation wells show water has drained within 72 hours
Signage
Signage for appropriate traffic load, no stockpiling, no
seal coating and other required District signage.
Additional Comments, Recommendations:
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EXHIBIT 10
PROJECT SITE PROPERTY INTEREST DOCUMENTS OR AFFIDAVIT
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*Use additional sheet, if necessary
STATE OF ILLINOIS
COUNTY OF COOK
AFFIDAVIT OF OWNERSHIP
______________________________________, being first duly sworn on oath, deposes and says:
(Print Name of Affiant)
1. I am the _________________________ of the City of Evanston (City), and duly authorized to
(Print Title)
execute and deliver this affidavit to the Metropolitan Water Reclamation District of Greater Chicago
(“District”) for the purpose of establishing the dedication of, or ownership over, the Project site for which
the parties have entered into an Intergovernmental Agreement (“IGA”), described and referred to as:
INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF EVANSTON AND
THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO FOR
THE DESIGN, CONSTRUCTION, OPERATION AND MAINTENANCE OF THE MAIN STREET
IMPROVEMENTS PROJECT IN EVANSTON, ILLINOIS
_______________________________________________________________________________________
(IGA Title)
2. I caused a search of reasonably accessible real property records to be conducted, and that no evidence of
dedication, perpetual easement, or ownership of the Project site was found, thus necessitating execution
of this affidavit.
3. The City represents that the site on which the Project will be constructed (“Project site”) lies entirely
within a dedicated public right-of-way, perpetual easement, or property owned solely by the City and is
located at:
along Main Street bounded by Maple Avenue to the west and Hinman Avenue to the east, as
depicted in Exhibit 1
_____________________________________________________________________________________
(Print Street Address)*
4. The City represents that the most current Cook County Tax map (also known as “Sidwell map”)
depicting the area(s) encompassing the entire Project site can be found at www.cookcountyclerk.com and
confirms paragraph 3 above.
5. The City represents that it will maintain an exclusive and uninterrupted property interest the Project site
as a dedicated public right-of-way, perpetual easement, or solely owned property for the duration of the
IGA term.
6. The City will immediately advise the District in writing of changes or modifications to the information
disclosed in this Affidavit.
7. This Affidavit is made for the purpose of complying with Article 4, paragraph 1 of the IGA.
___________________________________________
(Affiant)
ATTEST:
__________________________________________ ________________________________________________
Clerk Date
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