AGENDA FOR THE REGULAR VILLAGE BOARD MEETING OF THE VILLAGE OF CLARENDON HILLS PRESIDENT AND BOARD OF TRUSTEES MONDAY, SEPTEMBER 19, :00 P.

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1 AGENDA FOR THE REGULAR VILLAGE BOARD MEETING OF THE VILLAGE OF CLARENDON HILLS PRESIDENT AND BOARD OF TRUSTEES MONDAY, SEPTEMBER 19, :00 P.M. VILLAGE HALL 1 NORTH PROSPECT AVENUE Call to Order Item 1 Roll Call 2 Petitions and Communications/President s Report 2.1 Administer Oath of Office Police Officer Carl Hawkins 2.2 Local Liquor Commission Appointments 2.3 Announce Goal Setting Workshop Scheduled for Saturday, October 1, 2011 from 8:00 a.m. 12:00 p.m. at the Clarendon Hills Police Station, 448 Park Avenue 2.4 Announce Fire and Police Department Open House Scheduled for Saturday, October 1, 2011 from 11:00 a.m. 3:00 p.m. 3 Recess to Committee Meetings: (Roll Call Vote) Public Services 4 Reconvene: (Roll Call Only) 5 Addresses from the Audience Agenda Items 6 Consent Agenda/Omnibus Vote: (Roll Call Vote) 6.1 Approval of the Rescheduled Regular Village Board Meeting Minutes of September 6, Claims Ordinance (Finance) 6.3 Approval of the Treasurer s Report for the Period May 1, 2011 through July 31, 2011 (Finance) 6.4 Authorization to award Gasaway Maintenance Co. with the Village s sidewalk snow removal contract at a minimum bid of $15, for fiscal year (Public Services) 6.5 Adoption of a Resolution Approving an Intergovernmental Agreement between the Village of Clarendon Hills, DuPage County, Illinois and Flagg Creek Water Reclamation District (Public Services) 7 Approval of Minutes

2 8 Reports from Standing Committees 8.1 Public Services 8.2 Finance Announce Home Rule Research Committee meeting Wednesday, September 27, 2011, at 7:00 p.m. in the Village Hall Board Room 8.3 Administrative/Legislative 8.4 Community and Intergovernmental Affairs 8.5 Land Use 8.6 Public Safety 9 Report of Officers 10 Other Business 11 Addresses from the Audience Non Agenda Items 12. Executive Session 13 Adjournment

3 COMMITTEE AGENDA VILLAGE BOARD MEETING OF THE VILLAGE OF CLARENDON HILLS 1 NORTH PROSPECT AVENUE MONDAY, SEPTEMBER 19, :00 P.M. PUBLIC SERVICES 1. Award bid to Gasaway Maintenance Co. for the Village s sidewalk snow removal contract for fiscal year Intergovernmental Agreement between the Village and Flagg Creek Water Reclamation District

4 VILLAGE OF CLARENDON HILLS POLICE DEPARTMENT DATE: September 16, 2011 TO: FROM: Village President and Board of Trustees Chief Ted Jenkins SUBJECT: New Police Officer, Carl Hawkins I would like to introduce the newest member of the Clarendon Hills Police Department, Carl Hawkins. Carl is a 23 year old resident of Roselle. He received a Chick Evans Scholarship to Northern Illinois University in 2006 and graduated with a Bachelors degree in Sociology in Carl worked as a security officer for the TSA at O Hare Airport prior to accepting his position with Clarendon Hills. Carl will start the basic police academy training at the Suburban Law Enforcement Academy in Glen Ellyn on September 26, The Clarendon Hills Police Department is happy to have Carl as the newest member of the Force.

5 M E M O R A N D U M DATE: September 16, 2011 TO: FROM: SUBJECT: Village Board of Trustees Thomas F. Karaba, Village President & Local Liquor Commissioner Local Liquor Commission Appointments Chapter 33, Section 33.5 of the Village Code provides for a three-member Local Liquor Commission (LLC). The LLC reviews liquor license applications, conducts disciplinary hearings, and generally provides recommendations to the Local Liquor Commissioner (Village President) relative to the administration of the liquor code. Each LLC member serves a staggered three-year term expiring every December 31. A copy of Village Code Section 33.5 is attached for your reference. I am recommending the reappointments of the current LLC members as of September 19, 2011 with staggered terms expiring as noted below: Trustee Allan Alongi, Chairman December 31, 2012 Trustee Paul Pederson December 31, 2013 Trustee Steve Wallace December 31, 2014 Your concurrence with these appointments is requested.

6 MINUTES OF A RESCHEDULED REGULAR VILLAGE BOARD MEETING Village of Clarendon Hills One North Prospect Avenue, Clarendon Hills, Illinois September 6, 2011 President Karaba called the meeting to order at 7:00 p.m. 1. ROLL CALL Present at roll call: President Karaba, Trustees Alongi, Flood, Pedersen, Wallace, and Williams. Absent: Trustee Reid (seated at 7:18 p.m.) Also present: Village Manager Recklaus, Finance Director Hartnett, Interim Police Chief Jenkins, Fire Chief Leahy, Assistant Public Works Director Wagner, Management Analyst Collison, and Clerk Tandle. Absent: Public Works Director Hays and Community Development Director Brown. 2. PETITIONS AND COMMUNICATIONS/PRESIDENT S REPORT 2.1. Trustee Alongi moved to waive first consideration, second consideration/passage of an Ordinance Amending Chapter 33, Section 33.12, of the Clarendon Hills Village Code in Regard to a Decrease in the Number of Class C and Class H Liquor Licenses (Scapa Italian Kitchen, Inc. d/b/a Scapa Italian Kitchen Restaurant). Trustee Pedersen seconded. On the call of the roll, the vote was as follows: Ayes: Trustees Alongi, Flood, Pedersen, Wallace, and Williams Nays: None Absent: Trustee Reid MOTION CARRIED 2.2. Trustee Alongi moved to waive first consideration, second consideration/passage of an Ordinance Amending Chapter 33, Section 33.12, of the Clarendon Hills Village Code in Regard to an Increase in the Number of Class C and Class H Liquor Licenses (Creative Foods, LLC d/b/a Scapa Italian Kitchen Restaurant). Trustee Pedersen seconded. On the call of the roll, the vote was as follows: Ayes: Trustees Alongi, Flood, Pedersen, Wallace, and Williams Nays: None Absent: Trustee Reid MOTION CARRIED 3. RECESS TO COMMITTEE MEETINGS Trustee Alongi moved to recess to Land Use, Public Safety, and Public Services Committees at 7:07 p.m. Trustee Flood seconded. On the call of the roll, the vote was as follows:

7 Minutes of a Rescheduled Regular Village Board Meeting Page 2 September 6, 2011 Ayes: Trustees Alongi, Flood, Pedersen, Wallace, and Williams Nays: None Absent: Trustee Reid MOTION CARRIED Land Use 1. LM Commercial Development LLC filed an application requesting combined preliminary and final plat approval with respect to the property located at 300 Holmes Avenue & th Street, the former headquarters of MidAmerica Bank. PNC Bank, N.A., the successor to MidAmerica Bank, has no need for the current office space and plans to sell the 4.2 acre property to LM Commercial Development LLC to develop a two-lot subdivision. The Zoning Board of Appeals/Plan Commission considered the request and recommended approval on August 18, 2011, subject to enlarging the stormwater management easement and recording a Reciprocal Easement Agreement between the owners of each lot. A resolution was presented for adoption that grants preliminary and final subdivision plat approval for the plat of subdivision, with the noted conditions. Public Safety 1. The Police Department is in possession of a surplus 2006 Ford Crown Victoria. The vehicle had been used as a squad car but, with approximately 106,000 miles, it is no longer practical to repair or maintain it. Staff requested authorization to sell the vehicle by Ebay auction. An ordinance was presented for passage that authorizes disposition of the vehicle. Public Services 1. Staff requested approval of the bid for 950 tons of bulk rock salt from North American Salt Company, the lowest responsible bidder, in the amount of $57, This item was bid through the Illinois Department of Central Management Services and is offered to municipalities at the discounted rate. It was noted that this year's unit price of $60.41 per ton is $13.07 below last year's unit price of $73.48 per ton. 2. A new Intergovernmental Agreement between the Village and Flagg Creek Water Reclamation District was scheduled to be presented for Board approval. However, Manager Recklaus indicated that the new Intergovernmental Agreement is not ready for Board action. Therefore, it will be removed from the Consent Agenda. 4. RECONVENE The Board reconvened at 7:13 p.m. Present at roll call: President Karaba, Trustees Alongi, Flood, Pedersen, Wallace, and Williams. Absent: Trustee Reid.

8 Minutes of a Rescheduled Regular Village Board Meeting Page 3 September 6, ADDRESSES FROM THE AUDIENCE - AGENDA ITEMS Don Price (413 Park Ave.) stated his concern regarding the length of time it is taking for Flagg Creek to complete its sewer project and the quality of the roadway restoration. Mr. Price asked whether the new intergovernmental agreement that was removed from this evening s Consent Agenda contains a "reasonable clause" since no absolute deadline has been established for Flagg Creek to complete the project. 6. CONSENT AGENDA/OMNIBUS VOTE Agenda Item 6.7 was removed from the Consent Agenda. Trustee Flood moved approval of the Consent Agenda as amended and then itemized by President Karaba. Trustee Pedersen seconded. On the call of the roll, the vote was as follows: Ayes: Trustees Alongi, Flood, Pedersen, Wallace, and Williams Nays: None Absent: Trustee Reid MOTION CARRIED 6.1. Approval of the Minutes of the August 15, 2011 Regular Village Board Meeting OMNIBUS VOTE 6.2. Claims Ordinance OMNIBUS VOTE 6.3. Claims Ordinance M OMNIBUS VOTE 6.4. Adoption of a Resolution Granting Preliminary and Final Subdivision Plat Approval to LM Resubdivision (300 Holmes Avenue & th Street) OMNIBUS VOTE 6.5. Waive first consideration, second consideration/passage of an Ordinance Authorizing the Sale of Certain Police Department Equipment Owned by the Village of Clarendon Hills (2006 Ford Crown Victoria) OMNIBUS VOTE 6.6. Approval of the bid for bulk rock salt from North American Salt Company in the amount not to exceed $57, (Contract: PSD ) OMNIBUS VOTE 6.7. Adoption of a Resolution Approving an Intergovernmental Agreement between the Village of Clarendon Hills, DuPage County, Illinois and Flagg Creek Water Reclamation District [REMOVED FROM CONSENT AGENDA - NOT READY FOR BOARD ACTION.] 7. APPROVAL OF MINUTES See Agenda Item 6.1.

9 Minutes of a Rescheduled Regular Village Board Meeting Page 4 September 6, REPORTS FROM STANDING COMMITTEES 8.1. Public Services No report Finance Trustee Pedersen reported that the Home Rule Research Committee is scheduled to meet at 7:00 p.m. on September 13, 2011 at the Police Department for a final discussion before making its recommendation to the Village Board regarding whether or not the Village should pursue home rule authority Administrative/Legislative No report Community and Intergovernmental Affairs No report Land Use Trustee Wallace announced that the September 15, 2011 ZBA/PC meeting has been cancelled Public Safety No report. 9. REPORTS OF OFFICERS Manager Recklaus reported that the new Intergovernmental Agreement between the Village and Flagg Creek Water Reclamation District was tabled tonight because Flagg Creek will not commit to a deadline to complete the roadway restoration work following construction of its relief sewer project. He also noted that he was recently informed by Flagg Creek that an infrastructure failure has been identified and that much of the newly installed sewer lines may need to be excavated to determine the cause of the failure, which will require restoring the pavement again and will further delay the timeline of the roadway restoration addressed in the new Intergovernmental Agreement. Manager Recklaus stated that Village staff has fielded numerous telephone calls from residents regarding the length of time and the quality of the restoration process. He suggested that residents contact Tom O'Connor, Executive Director of Flagg Creek, directly at (630) as well as Senator Kirk Dillard and Representative Patti Bellock to express their concerns. Staff will continue to explore options to impose a deadline for completion of the restoration work. Assistant Public Works Director Wagner reported that the Public Works Department intends to use rock salt on Village roads this winter season and plans to reserve the sand/salt mixture for ice storms. He also noted that a bid opening is scheduled next week for the 2012 sidewalk replacement program. Finally, he reported that staff is in the process of drafting an Emerald Ash Borer issue memorandum regarding the handling and treatment of infected ash trees. Management Analyst Collison reported that a draft of the 2011 Community Needs Survey has been provided to the Board for review. She requested that feedback, comments, and questions be forwarded to her by tomorrow. She also noted that this year's survey will be changing to an electronic format. Alphagraphics will set up the new format and will

10 Minutes of a Rescheduled Regular Village Board Meeting Page 5 September 6, 2011 provide hosting services. The collected data will be transmitted to a statistician for compilation. 10. OTHER BUSINESS There was none 11. ADDRESSES FROM THE AUDIENCE NON-AGENDA ITEMS Roberta Schwinn (5705 Holmes Ave.) expressed concern for the safety of unaccompanied children crossing Holmes Avenue at 58th Street to attend school or to catch school busses. Although she commended the efforts of the Clarendon Hills Police Department to monitor and control speed limits, she stated that motorists continue to speed along Holmes Avenue, disregarding stop signs and pavement markings. Ms. Schwinn suggested that the Village consider installing speed bumps in school zones to remind motorists to drive more cautiously. Staff will observe traffic patterns and will advise the Board of measures that may be taken to insure pedestrian safety. 12. EXECUTIVE SESSION Trustee Williams moved to adjourn into Executive Session under Sections 2(c)(21) and 2(c)(1) of the Open Meetings Act to approve Executive Session minutes and to discuss the appointment, employment, compensation, discipline, performance, or dismissal of a specific employee or employees of the Village at 7:45 p.m. Trustee Flood seconded. On the call of the roll, the vote was as follows: Ayes: Trustees Alongi, Flood, Pedersen, Reid, Wallace, and Williams Nays: None MOTION CARRIED The Board reconvened at 9:05 p.m. Present at roll call: President Karaba, Trustees Alongi, Flood, Pedersen, Reid, Wallace, and Williams 13. ADJOURNMENT There being no further business to come before the Board, Trustee Wallace immediately moved to adjourn the meeting at 9:05 p.m. Trustee Reid seconded. On the call of the roll, the vote was as follows: Ayes: Trustees Alongi, Flood, Pedersen, Reid, Wallace, and Williams Nays: None MOTION CARRIED Village Clerk

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33 Village of Clarendon Hills Memorandum TO: FROM: SUBJECT: Randy Recklaus, Village Manager Christina Collison, Management Analyst Brian Wagner, Assistant Public Works Director CBD Snow Removal Bid Analysis DATE: September 16, 2011 As you are aware, last year the Village significantly reduced the scope of sidewalk snow removal in the central business district. Currently, the Village contracts for snow removal for Village buildings, sidewalks immediately adjacent to the Metra station, and crosswalk spurs in the CBD. The contract also includes snow removal for the Library s sidewalks. The Library reimburses the Village for this expense. In late August, bid packets were distributed to more than twenty snow removal companies. On Friday, September 2 the bids were opened. Two vendors responded: Beverly Snow Plowing Inc. and Gasaway Maintenance. Attached is a spreadsheet tabulating the bid results. The spreadsheet reflects an approximate average of the number of times the vendor was called for snow removal over the last six years. The bids include an annual minimum structured so that the Village would pay 1/5 th of the annual minimum for each month of the five-month contract. The annual minimum dollar amounts are required to be paid to the vendor regardless of snowfall. After the minimum is reached for the year, the cost to the Village is based upon the per event schedule. Based on an average number of call outs over the last six years, the spreadsheet indicates that Gasaway Maintenance is the lowest responsible bidder. Additionally, Gasaway Maintenance s $15,000 season minimum is lower than Beverly. However, both bids are higher than the Village s snow removal costs from last winter, which had a similar scope of services. Last year s contract with Gasaway had a minimum cost of $10,516. Actual costs for Gasaway s services for the season were $13,091. Attachments: Snow Removal Bid Comparison Snow Removal Map Snow Removal Agreement Action requested: Authorization to award Gasaway Maintenance with the Village s sidewalk snow removal contract at a minimum bid of $15,000 for fiscal year FY

34 Average # of call outs (rounded-up) Beverly Snow and Ice Beverly Snow and Ice Gasaway Gasaway North BNSF up to 2" per event 22 $ $ $4, $3, " to 5" per event 8 $ $ $2, $1, Over 5" per event 2 $ $ $ $ South BNSF up to 2" per event 22 $ $ $7, $5, " to 5" per event 8 $ $ $3, $2, Over 5" per event 2 $ $ $1, $ Annual Cost Per Event History: Minimum Cost: Snow Removal Bid Comparison Price Per Event Estimate Cost per Event History $20, $14, $20, $15, Burlington/Quincy Lots up to 2" per event 0 $ $ $0.00 $0.00 2" to 5" per event 0 $ $ $0.00 $0.00 Over 5" per event 2 $ $ $ $ Annual Cost Per Event History: $ $990.00

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45 Village of Clarendon Hills To: From: Village President & Board of Trustees Randall Recklaus, Village Manager Date: September 16, 2011 Subject: Updated Intergovernmental Agreement with Flagg Creek Water Reclamation District Attached you will find a new Intergovernmental Agreement that seeks to resolve the longstanding discussion of responsibility for the roadway restoration on Park and Eastern Avenues (see attached map for project area) for Flagg Creek s sanitary sewer upgrade project. The draft agreement submitted to the Board on September 1st featured the following concepts: FCWRD and their contractors will be responsible for the full width, curb to curb restoration of Eastern Avenue and Park Avenue between Western and Richmond On Richmond Avenue (half Westmont/half Clarendon Hills) the District will do patches, with full width paving done if more than 50% of the pavement is disturbed- if the work is done (the district has not made a final determination on whether or not this portion of the project will be needed). On Park between Western and Walker, the District will do patches, with full width paving if more than 50% of the pavement is disturbed (portions of this stretch of road will be disturbed by next spring s water main project) The Village will pay a lump sum payment of $46,000 upon successful completion of the work. If the project goes over budget, any additional costs will be Flagg Creek s responsibility. The Village will hire and pay for Christopher Burke Engineering to oversee quality control on the construction project (est. to cost $15 to $20,000) All work must be completed no later than October 28, 2011, unless the parties mutually agree based on the need to excavate the project due to the failure of the sanitary sewer work done. The District would not agree to the last bullet point regarding a deadline. Since that time, we have continued our discussions with the district and lieu of a deadline have agreed to a new concept. The District will endeavor to get the project done as soon as reasonably possible. The Village reserves, and the District acknowledges the Village s right (under the Village

46 code and the permit process) to enforce standards of temporary patches. So in the event that it appears the permanent roadway restoration work will not be done this fall, the Village may force the contractor to redo its temporary patches (these are the areas that are in a poor condition now) to a more acceptable level before snowfall. The Flagg Creek Board approved this wording this morning and it can be executed upon the Village Board s approval on Monday. It should be noted that at this time, it does not appear that the roadway will have to be disturbed for corrective work on the project. That does help our situation. However delays are still possible. Given the circumstances, Staff believes this is the best language that can be arrived at in a timeframe that allows for the timely completion of the project. The contractor will not begin work until the IGA is signed and the Village has committed to pay for its share of the costs. If we waited another cycle of Board meetings, the likelihood of completion this fall would be diminished. Action Requested: Approval of a Resolution Authorizing the execution of an Intergovernmental Agreement with the Flagg Creek Water Reclamation District at the September 19 th Village Board Meeting.

47 RESOLUTION NO. A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF CLARENDON HILLS, DUPAGE COUNTY, ILLINOIS AND FLAGG CREEK WATER RECLAMATION DISTRICT BE IT RESOLVED by the Village President and Board of Trustees of the Village of Clarendon Hills, DuPage County, Illinois, that the Village President and Board of Trustees hereby approve the Intergovernmental Agreement between the Village of Clarendon Hills, DuPage County, Illinois and Flagg Creek Water Reclamation District attached hereto as EXHIBIT 1 and made part hereof. BE IT FURTHER RESOLVED that the Village President and Village Clerk are hereby authorized and directed to execute EXHIBIT 1 on behalf of the Village, as well as execute any and all additional documents necessary to carry out the terms and provisions of said EXHIBIT 1. ADOPTED this 19 th day of September, 2011, pursuant to a roll call vote as follows: AYES: NAYS: ABSENT: APPROVED by me this 19 th day of September, ATTEST: Thomas F. Karaba Village President Dawn M. Tandle Village

48 AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF CLARENDON HILLS AND THE FLAGG CREEK WATER RECLAMATION DISTRICT IN REGARD TO THE RESTORATION OF CERTAIN PORTIONS OF ROADWAYS WITHIN THE VILLAGE OF CLARENDON HILLS THIS AGREEMENT (hereinafter referred to as the Agreement ), is entered into this day of, 2011, by and between the VILLAGE OF CLARENDON HILLS (hereinafter referred to as the VILLAGE ) and the FLAGG CREEK WATER RECLAMATION DISTRICT (hereinafter referred to as the DISTRICT ). The VILLAGE and the DISTRICT are hereinafter sometimes individually referred to as a Party and collectively referred to as the Parties. WITNESSETH WHEREAS, the DISTRICT provides sanitary sewer services within the boundaries of the VILLAGE; and WHEREAS, the DISTRICT has engaged in the construction of a relief sewer project, known as the Clarendon Hills Sewer Improvements Project, District Contract No (hereinafter referred to as the RELIEF SEWER PROJECT ), portions of which are within the VILLAGE; and WHEREAS, a portion of the work to be performed within the VILLAGE includes installation of a relief sewer below Eastern Avenue, between Harris and Park Avenue, and below Park Avenue, between Eastern Avenue and Richmond Avenue; and WHEREAS, the DISTRICT has certain roadway restoration obligations in connection with the performance of its RELIEF SEWER PROJECT, specifically in the

49 area set forth on Exhibit A, attached hereto and made a part hereof, which area is hereinafter be referred to as the SUBJECT AREA; and WHEREAS, a dispute has arisen between the Parties as to the scope of the roadway restoration work, specifically, whether the DISTRICT is obligated to restore the roadway in the SUBJECT AREA from curb to curb, or from edge to edge, where fifty percent (50%) or less of the roadway is damaged during the construction of the RELIEF SEWER PROJECT; and WHEREAS, the DISTRICT has determined that the cost associated with restoration, including the full width roadway restoration of the SUBJECT AREA, is two hundred sixty eight-thousand four hundred and no/100 Dollars ($268,400.00) (hereinafter the COST ESTIMATE ) ; and WHEREAS, in an effort to mutually resolve the issues between the Parties, and to settle these differences, without any admission of responsibility or liability by either Party, the Parties desire to enter into this Agreement; and WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and 5 ILCS 220/1 through 220/9 provide the authority for this Agreement; and WHEREAS, it is in the best interests of the DISTRICT and the VILLAGE to enter into this Agreement; NOW, THEREFORE, in consideration of the foregoing, and the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the Parties, the Parties hereto agree as follows: 2

50 1. INCORPORATION OF PREAMBLES. The preambles hereto, as set forth above, are incorporated herein by reference and are made part hereof. 2. VILLAGE OBLIGATIONS. A. In relation to the restoration, including the full width roadway restoration (hereinafter referred to as the ROADWAY RESTORATION ) in the SUBJECT AREA, the VILLAGE agrees to pay the DISTRICT a maximum of Forty Six Thousand Dollars and no/100 ($46,000.00) as its share of the extra cost associated with the ROADWAY RESTORATION (hereinafter the CREDIT ) upon receipt of documents verifying the completion of the ROADWAY RESTORATION. If the final cost for the ROADWAY RESTORATION is more than the CREDIT, the VILLAGE shall not be obligated to pay any additional money to the DISTRICT, it being the intent of the Parties that the VILLAGE S payment toward the ROADWAY RESTORATION be capped at forty six thousand and no/100 dollars ($46,000.00). The VILLAGE shall allow the DISTRICT and its Contractors to continue and complete the work on the RELIEF SEWER PROJECT. B. Any costs which the VILLAGE may incur to obtain construction management or supervision of the ROADWAY RESTORATION shall be solely the obligation of the VILLAGE, shall be paid solely by the VILLAGE, and the DISTRICT shall have no responsibility or obligation therefore. 3. DISTRICT OBLIGATIONS. 3

51 A. The DISTRICT shall assume responsibility for the costs associated with the ROADWAY RESTORATION in the SUBJECT AREA. B. The DISTRICT shall proceed with and complete the restoration of the roadway including full width (curb to curb or edge to edge) restoration within the SUBJECT AREA. C. ROADWAY RESTORATION will be performed to the following specifications: a..bituminous surface removal cold mill 2 b. Hot Mix Asphalt level binder MM N50 ¾ Tack Coat c. Area Reflective Crack Control (Petromat) d. Bituminous Surface Course Mix C N50 1 ½ e. Class D Patches to a depth of four inches. f. All Thermoplastic pavement marking in the SUBJECT AREA, to the extent that the roadway had pavement marking prior to initiation of construction on the RELIEF SEWER PROJECT. g. Reinstall aggregate shoulder as shown in Exhibit A (Area A) as needed h. The DISTRICT will endeavor to complete as soon as is reasonably possible the ROADWAY RESTORATION, including structural adjustments, and other items not associated with the ROADWAY RESTORATION, such as landscape, traffic signs and paving bricks. Corrective work may be necessary in the area where the ROADWAY RESTORATION is to be performed. Such corrective work may delay the initiation and/or completion of the ROADWAY RESTORATION work. The Village reserves, and the District acknowledges the Village s right to enforce temporary roadway paving regulations in the event that delays are projected to prevent ROADWAY RESTORATION to be completed in advance of winter snowplow operations. D. Any ROADWAY RESTORATION work performed by the DISTRICT on the remainder of the RELIEF SEWER PROJECT, including but not limited to Richmond Avenue, will be performed in accordance with the 4

52 requirements of DISTRICT Contract , Section 02740, and Plan Sheet 1C1A copy of which has been provided to the VILLAGE by the DISTRICT (hereinafter referred to as the RESTORATION SPECIFICATION ). The Parties acknowledge that the RESTORATION SPECIFICATION provides, in part, that when damage to pavement exceeds fifty percent (50%) or more of the roadway width, the surface course for the entire pavement width shall be replaced, and that Class D Patches shall be to a depth of six (6) inches, consisting of four (4) inches of base course and two (2) inches of surface course. 4. CONFLICT BETWEEN PROVISIONS. In the event of any conflict between the provisions of this Agreement and the provisions of the September 29, 2009 Intergovernmental Agreement between the parties in regard to the RELIEF SEWER PROJECT,, relative to the restoration of the roadways within the SUBJECT AREA, the provisions of this Agreement shall control. 5. NOTICES. Notices or other writings which either Party is required to, or may wish to, serve upon the other Party in connection with this Agreement shall be in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: A. If to the VILLAGE: B. If to the DISTRICT: Village Manager Executive Director Village of Clarendon Hills Flagg Creek Water 1 North Prospect Avenue Reclamation District Clarendon Hills, Illinois N. Frontage Road Burr Ridge, Illinois

53 or to such other address, or additional individuals/entities, as either Party may from time to time designate in a written notice to the other Party. Service by certified mail shall be deemed given on the third day following the mailing of said notice, and service by personal delivery shall be deemed given upon actual delivery. 6. COUNTERPARTS. This Agreement shall be executed simultaneously in two (2) counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. 7. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the Parties, relative to the subject matter hereof. There are no representations, agreements, arrangement or understandings, oral or written, between and among the Parties hereto relating to the subject matter of this Agreement which are not fully expressed herein. 8. EFFECTIVE DATE. This Agreement shall be deemed dated and become effective on the date on which the last of the Parties executes this Agreement as set forth below. IN WITNESS WHEREOF, the VILLAGE, pursuant to authority granted by the adoption of a Motion or Resolution by its Board of Trustees, has caused this Agreement to be executed by its President and attested by its Clerk; and the DISTRICT, pursuant to authority granted by the adoption of a Motion or Resolution by its Board of Trustees, has caused this Agreement to be signed by its President and attested by its Clerk. VILLAGE OF CLARENDON HILLS By: Thomas Karaba, Village President FLAGG CREEK WATER RECLAMATION DISTRICT By: President 6

54 ATTEST: Dawn Tandle, Village Clerk Dated: ATTEST: Clerk Dated: 7

55 STATE OF ILLINOIS ) ) SS COUNTY OF DuPAGE ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that the above-named Thomas Karaba and Dawn Tandle, personally known to me to be the Village President and Village Clerk of the Village of Clarendon Hills, and also known to me to be the same persons whose names are subscribed to the foregoing instrument as such Village President and Village Clerk, respectively, appeared before me this day in person and severally acknowledged that as such Village President and Village Clerk they signed and delivered the signed instrument, pursuant to authority given by the Village of Clarendon Hills, as their free and voluntary act, and as the free and voluntary act and deed of said Village of Clarendon Hills, for the uses and purposes therein set forth, and that said Village Clerk, as custodian of the corporate seal of said Village of Clarendon Hills, caused said seal to be affixed to said instrument as said Village Clerk s own free and voluntary act and as the free and voluntary act of said Village of Clarendon Hills, for the uses and purposes therein set forth GIVEN under my hand and the Notary Seal, this day of, Notary Public My Commission Expires: 8

56 STATE OF ILLINOIS ) ) SS COUNTY OF DuPAGE ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that the above-named Herbert A. Stade and Thomas J. Walsh personally known to me to be the President and Clerk of the Flagg Creek Water Reclamation District, and also known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Clerk, respectively, appeared before me this day in person and severally acknowledged that as such President and Clerk they signed and delivered the signed instrument, pursuant to authority given by the Flagg Creek Water Reclamation District, as their free and voluntary act, and as the free and voluntary act and deed of said Flagg Creek Water Reclamation District, for the uses and purposes therein set forth, and that said Clerk, as custodian of the corporate seal of said Flagg Creek Water Reclamation District, caused said seal to be affixed to said instrument as said Clerk s own free and voluntary act and as the free and voluntary act of said Flagg Creek Water Reclamation District, for the uses and purposes therein set forth GIVEN under my hand and Notary Seal, this day of. Notary Public My Commission Expires: 9