north branch chicago river watershed workgroup (nbww ... · mike adam, senior biologist, lake...

North Branch Chicago River Watershed Workgroup (NBWW) General Membership Meeting

Wednesday, November 14, 2018 * 1:00pm – 3:00pm

Winnetka Village Hall, 510 Green Bay Rd, Winnetka, IL 60093

Next NBWW General Membership Meeting – February 13, 2019, 1:00 pm – 3:00 pm, Location: TBD

NBWW GENERAL MEMBERSHIP MEETING AGENDA

1. Introductions

2. Guest Speaker(s)

a. Chloride Monitoring in Lake County

Mike Adam, Senior Biologist, Lake County Health Department Ecological Services

b. Watershed-Scale Chloride Management and Beyond:

Regulatory and Aquatic Toxicity Impacts to Chloride Water Quality Standard

Dr. Lindsay Birt, Assistance Project Manager, Huff & Huff, a subsidiary of GZA, Inc.

3. NBWW Executive Board Business

a. Approve NBWW August 8, 2018 Meeting Summary

b. Financial Report

2019 Budget to be discussed at the December 12, 2018 meeting

c. Old Business

i. Monitoring Committee Update

d. New Business

i. Manhard Consulting Technical Coordinator Contract – 2019

ii. SMC Administrative Coordinator Contract – 2019

4. North Branch Watershed Consortium Updates or Other Discussions

The current North Branch Watershed Consortium is made up of:

• Bannockburn

• Deerfield

• East Skokie Drainage District

• Green Oaks

• Highland Park

o Update of USACE Study

• Highwood

• Lake Bluff

• Lake Forest

• Lincolnshire

• Mettawa

• North Chicago

• Park City

• Riverwoods

• Union Drainage District #1 (West Fork)

• Waukegan

• West Skokie Drainage District

5. Adjournment


Wednesday, August 8, 2018 * 1:00pm – 3:00pm

Glenview Village Hall, 2500 E Lake Ave, Glenview, IL 60026

Next NBWW General Membership Meeting – November 14, 2018, 1:00 pm – 3:00 pm at the Winnetka

Village Hall (510 Green Bay Rd, Winnetka, IL 60093)

NBWW GENERAL MEMBERSHIP MEETING MINUTES

1. Introductions

Brandon Janes, North Branch Chicago River Watershed Workgroup (NBWW) President,

welcomed attendees to the August 8, 2018 NBWW General Membership Meeting. Everyone

introduced themselves and roll-call was taken for the Executive Board members. Roll call

included: Brandon Janes, Matt Ueltzen, James Tigue, Rob Flood and James Bernahl; a quorum

was present. Sign-in sheets are attached to the meeting notes for the attendees list.

2. Guest Speaker(s)

a. Friends of the Chicago River Turtle Habitat Projects

Maggie Jones, Conservation Programs Specialist, Friends of the Chicago River (FOCR)

Maggie Jones gave a presentation on FOCR’s recent on-the-ground turtle habitat projects

which was a collaboration effort between FOCR and the Forest Preserve District of Cook

County. Maggie’s presentation included looking at ideal nesting habitats for turtles in

Northeastern Illinois and current habitats that are making turtles unable to safely lay their

eggs because invasive species are immobilizing and minimizing nesting areas (leaving turtle

eggs exposed to predators). Over the last 4 years, FOCR and hired contractors have been

removing invasive brush, applying herbicides, preserving seedbanks, and implementing re-

sprouting treatments after 2 growing seasons in areas throughout the Chicago River

watershed. This work is going to continue and currently FOCR has cleared approximately

100 acres of land for turtle habitat. Within months of turtle habitat restorations, results from

tracking equipment have shown that these cleared areas have increased turtle mobility.

Turtle habitat work is considered restoration because crews are going in and removing

invasive plant species, daylighting the ground and exposing the native seedbank, and

reintroducing habitats and native plant species.

Q/A

Q: Do you have any reintroduction programs going on or are you just helping existing

turtles?

A: No, currently FOCR is focused on helping existing turtles because their species numbers

are not at a point where turtles are endangered but do need some support to keep their

numbers from declining too much.

Q: Do you have any future restoration projects in the works for this year or next year?

A: Yes, FOCR is going to be focusing on Chipilly Woods. FOCR has been there before but

they’re going to be doing some additional restoration efforts there. Depending on funding and

future opportunities, Maggie Jones would love to continue this type of work.

Q: Is FOCR mostly just focused in Cook County or are you up in Lake County too?

A: FOCR can coordinate anywhere in the watershed. With this particular project, FOCR was

close partners with the Cook County Forest Preserve District wildlife biologist. FOCR is

more than willing to and Maggie Jones would love to work up here as well.






b. MBI Monitoring Kickoff Presentation

Chris Yoder, Research Director, Midwest Biodiversity Institute (MBI)

Chris Yoder gave a presentation on an overview of MBI’s previous and current work

throughout Northeast Illinois with various watershed workgroups. This work includes

developing a plan for sample collection locations and details about analyzing water quality

indicators and parameters. MBI assists watershed workgroups by assessing stream

conditions at the local scale and trying to understand all things affecting waterbodies

biology: macroinvertebrates, fish, invertebrates, and crustaceans. Chris Yoder explained the

various water quality collection methods performed by 3 crews (fish, macroinvertebrate, and

water quality). MBI also provides the qualitative habitat evaluation index (QHEI) and an

integrated prioritization system (IPS) for some of the watersheds. Chris Yoder gave updates

and a timeline of sampling events for the NBWW. Currently, MBI is starting to collect

samples in the North Branch of the Chicago River Watershed and plans to finish the 11

sample location sites for 2018. The remaining 14 sites will be sampled in 2019.

Q/A

None.

3. NBWW Executive Board Business

a. Approve NBWW May 9, 2018 Meeting Summary

1st motion to approve: James Bernahl, Village of Winnetka

2nd by: Larry Bridges, East Skokie Drainage District (ESDD)

Approved by unanimous consensus.

b. Financial Report

Ashley Warren presented the projected revenue and cost estimates for approved FY18 funds.

Ashley Warren also updated the General Membership Attendees that the WMAG Grant has

been paid out for $12,000 and an update on membership dues; currently NBWW is waiting

on 3 membership dues. Ashley Warren continued to give updates on the received revenues,

expenditures, and invoices.

Motion to ratify revenues/expenditures.

1st motion to approve: Larry Bridges, ESDD

2nd by: James Tigue, Village of Glenview


c. Old Business

i. Monitoring Committee Update – Rob Flood

Rob Flood gave updates on North Shore Water Reclamation District’s (NSWRD) and

MBI’s sampling events. NSWRD performed two sampling events have been completed:

25 sites on May 23 and May 24, and 11 sites on July 25. NSWRD laboratories is

currently running tests on these samples and both show high E. Coli numbers. NSWRD

is waiting to get Nitrate samples back. The next sampling event will be the week of






August 26 where organics and metals will be collected. MBI is doing their fish survey

and fish sampling that started July 30, 2018. NSWRD is still waiting for the Illinois

EPA to approve their Quality Assurance Project Plan (QAPP).

d. New Business

i. NBWW Letters of Support(3): Section 319(h) Nonpoint Source Pollution Control

Financial Assistance Program

Ashley Warren explained that nine project applications were submitted by SMC for

the FY19 Illinois EPA Section 319(h) Nonpoint Source Pollution Control Financial

Assistance Program grant cycle. Three projects applications are located within the

North Branch of the Chicago River watershed and are requesting letters of support

from the NBWW. These 3 projects would be greatly benefited by a letter of support

that states that it is supported by the NBWW and does not require the workgroup to

any financial support.

Motion to submit the letters of support.

1st motion to approve: Rob Flood, NSWRD

2nd by: James Bernahl, Village of Winnetka

Approved by unanimous consensus. Roll call was taken of the NBWW Executive

Board: Brandon Janes, Deerfield; Matt Ueltzen, LCFPD; James Tigue, Glenview;

James Bernahl, Winnetka and Rob Flood, NSWRD.

4. Watershed Project Update or Other Announcements/Discussion

Christine Davis (Illinois EPA) announced the retirement, effective September 30, 2018, of

Amy Wackenbach. Christine Davis asked anyone working with Amy Wackenbach to

reach out to her for follow up. Ashley Warren followed by presenting current projects

going on through the watershed management board (WMB) grant. Ashley Warren gave

updates on the WMB cycle that is currently going on for the Lake County portion of the

watershed and that the submittal deadline is October 5, 2018. See

http://www.lakecountyil.gov/3657/Requests-for-Proposals-Bids for more information.

5. Meeting Adjournment – 2:01 pm

1st motion to approve: Rob Flood, NSWRD

2nd by: Larry Bridges, ESDD


After the meeting, the NBWW hosted a Glenview BMP Tour (2-3pm) for various BMP

projects implemented by the Village of Glenview.

http://www.lakecountyil.gov/3657/Requests-for-Proposals-Bids






North Branch Watershed Workgroup Meeting Attendees Name Organization

Alvaro Melara Representative of Congressman Bill Schneider

Ashley Warren Lake County Stormwater Management Commission

Bernard Lodygr Deigan & Associates

Bill Schrimpf East Skokie Drainage District

Brandon Janes Village of Deerfield

Caitlin Burke Gewalt Hamilton Associates

Chris Yoder Midwest Biodiversity Institute

Christine Davis Illinois Environmental Protection Agency

James Bernahl Village of Winnetka

James Tigue Village of Glenview

Joe Marencik Lake County

Joe Robinson North Shore Water Reclamation District

Kate Amoruso Village of Wilmette

Larry Bridges East Skokie Drainage District

Lisa Mende Village of Glenview

Maggie Jones Friends of the Chicago River

Marc Facchini Village of Lincolnshire

Marcy Knysz Manhard Consulting

Mark Olszewski Village of Deerfield

Matt Ueltzen Lake County Forest Preserve District

May Keen Lake County Stormwater Management Commission

Nick Kollias Metropolitan Water Reclamation District of Greater Chicago

Peter Winkler Land Conservancy of Lake County

Rob Flood North Shore Water Reclamation District

Robyn Flakne Village of Glenview

Thomas Burke Christopher B. Burke Eng., Ltd.

Tom Polzin Hey & Associates

North Branch Chicago River Watershed Workgroup (NBWW)PROJECTED REVENUE AND COSTS

Approved FY2018 Actual FY2018 Projected FY2019 Projected FY2020

REVENUE

Dues - Membership dues $120,000.00 $122,479.60 $120,000.00 $120,000.00WMAG Local Grant - Awarded Jan. 2018 $12,000.00 $12,000.00Carryover Addition 77,677$ $89,177.17Other $0.00 $0.00 $0.00

Total Revenue $132,000.00 $134,479.60 $197,677.17 $209,177.17

EXPENSES

Consultants - Technical Support (Marcy Knysz FY18: June 1 - Nov 30, 2018) $10,000.00 1,400.00$ Consultants - Administrative Services (SMC FY18: February 28 - Nov 30, 2018) $15,000.00 15,000.00$ Contractuals - Monitoring Strategy and QAPP Refinement (unassigned) $10,000.00Contractuals - NSWRD - Water Column Chemistry Monitoring $25,634.00 18,500.50$ UW Oceanography Marine Chemistry Lab - Benthic Chlorophyll sample analysis 372.78$ Contractuals - NSWRD - Sediment Chemistry Analysis $8,628.00Contractuals - MBI - Bioassessment Monitoring/Sediment Collection (2018/2019)11 sites FY18need to include benthic chlorophyll A anaylsis (~$200 additional cost)

$21,800.00 21,528.29$

Consultants - Technical Support $6,000.00Consultants - Administrative Services $19,000.00Consultants - MBI Monitoring Compilation and Statistics (2018/2019) $19,700.00Contractuals - NSWRD - Water Column Chemistry Monitoring $32,000.00Contractuals - NSWRD - Sediment Chemistry Analysis $10,000.00Contractuals - MBI - Bioassessment Monitoring/Sediment Collection (2019/2020)14 sites FY19need to include benthic chlorophyll A anaylsis (~$200 additional cost)

$21,800.00

Consultants - Technical Support $10,000.00Consultants - Administrative Services $15,000.00Consultants - MBI Monitoring Compilation and Statistics $19,700.00Contractuals - NSWRD - Water Column Chemistry Monitoring $32,000.00Contractuals - NSWRD - Sediment Chemistry Analysis $10,000.00Contractuals - MBI - Bioassessment Monitoring/Sediment Collection $21,800.00IPS Model - MBI Estimate $50,000.00

Total Expenses 91,062.00$ 56,801.57$ 108,500.00$ 158,500.00$

Unexpended Carryover/Reserve 40,938.00$ 77,678.03$ 89,177.17$ 50,677.17$

2019

2018

2020

NBWWNBWW-Expense-Revenue Activity 500 W Winchester Rd

For Period Jan 2018 - December 2018 Libertyville, Illinois 60048

Phone 847 377 7700

[email protected]

[email protected]

Revenues ReceivedDate

ReceivedDate

DepositedNBWW

Ratification

Carryover $ - Deerfield Park District $ 200.00 4/24/2018 5/16/2018 7/11/18Gewalt Hamilton Assoc $ 200.00 4/24/2018 5/16/2018 7/11/18Deigan & Associates $ 200.00 4/26/2018 5/16/2018 7/11/18City of Highland Park $ 6,031.40 4/24/2018 5/16/2018 7/11/18Village of Lincolnshire $ 1,741.96 4/27/2018 5/16/2018 7/11/18Friends of the Chicago River $ 200.00 5/2/2018 5/16/2018 7/11/18Village of Bannockburn $ 2,162.48 4/27/2018 5/16/2018 7/11/18Libetyville Township $ 2,732.00 5/3/2018 5/16/2018 7/11/18Hey & Associates $ 200.00 5/7/2018 5/16/2018 7/11/18LCDOT $ 1,152.00 5/3/2018 5/16/2018 7/11/18Lake Forest Open Lands $ 200.00 5/10/2018 5/16/2018 7/11/18Lake County Treasurer-ESDD $ 1,000.00 5/14/2018 5/30/2018 7/11/18Town of Vernon $ 1,235.00 5/10/2018 5/30/2018 7/11/18Village of Deerfield $ 12,083.32 5/14/2018 5/30/2018 7/11/18Village of Northfield $ 2,847.78 5/16/2018 5/30/2018 7/11/18Village of Glencoe $ 2,095.00 5/14/2018 5/30/2018 7/11/18Village of Wilmette $ 2,893.14 5/16/2018 5/30/2018 7/11/18Lake County & SMC (transfer) $ 4,007.90 5/18/2018 5/30/2018 7/11/18Christopher Burke Engineering $ 200.00 5/18/2018 5/30/2018 7/11/18NSWRD $ 35,816.55 5/23/2018 5/30/2018 7/11/18Village of Skokie $ 1,895.30 5/25/2018 5/30/2018 7/11/18WMAG FY17 $ 12,000.00 6/1/2018 6/6/18 7/11/18Cook County Forest Preserve $ 2,520.77 6/4/2018 6/6/18 7/11/18City of North Chicago $ 1,218.00 6/8/2018 7/11/18 7/11/18Metro Water Rec Dist $ 200.00 6/14/2018 7/11/18 7/11/18City of Lake Forest $ 8,455.82 6/25/2018 7/11/18 7/11/18Union Drainage Dist West Fork $ 1,000.00 6/22/2018 7/11/18 7/11/18Village of Niles $ 1,104.14 6/14/2018 7/11/18 7/11/18Cook County DOTH $ 1,415.00 7/2/2018 7/11/18 8/8/18Lake County Forest Preserves $ 942.00 7/2/2018 7/11/18 8/8/18Village of Riverwoods $ 1,933.00 7/6/2018 7/11/18 8/8/18City of Park City $ 1,479.00 7/12/2018 8/8/18 10/10/18Village of Northbrook $ 7,749.00 7/23/2018 8/8/18 10/10/18County of Cook $ 2,114.28 8/13/2018 8/29/18 10/10/18Village of Glenview $ 8,075.00 8/21/2018 8/29/18 10/10/18Village of Winnetka $ 2,376.22 8/28/18 8/29/18 10/10/18Village of Green Oaks $ 2,803.54 8/29/18 9/26/18 10/10/18Other Contributions Received

Total Received: $ 134,479.60 Total Received + Carryover $ 134,479.60

Expenditures Paid: Date

Received Paid Date NBWW

Ratification MBI $ 1,810.17 7/3/2018 7/9/2018 8/8/18Manhard Consulting $ 472.50 7/5/2018 7/10/2018 8/8/18LCSMC $ 10,949.13 7/9/2018 7/10/2018 8/8/18NSWRD $ 4,550.00 8/1/2018 8/1/2018 8/8/18Manhard Consulting $ 607.50 8/16/2018 8/16/2018 10/10/18LCSMC $ 2,588.25 9/26/2018 9/26/2018 10/10/18Manhard Consulting $ 320.00 9/19/2018 9/21/2018 10/10/18MBI $ 11,390.21 8/29/2018 8/30/2018 10/10/18NSWRD $ 11,442.50 10/9/2018 10/15/2018MBI $ 3,811.02 10/1/2018 10/11/2018University of Washington $ 335.01 10/10/2018 10/15/2018University of Washington 37.77$ 10/10/2018 10/15/2018LCSMC 707.50$ 10/5/2018 10/15/2018MBI $4,516.89 10/29/2018 11/5/2018NSWRD $2,508.00 11/2/2018 11/5/2018

Total Expenditures Paid $ 56,046.45 Revenue-Expenditures $ 78,433.15

August 27, 2014 October 22, 2018 Mr. Mike Warner, P.E., CFM Executive Director Lake County Stormwater Management Commission 500 W. Winchester Road Libertyville, IL 60048 RE: NORTH BRANCH WATERSHED WORKGROUP TECHNICAL ASSISTANCE Dear Mike: We appreciate the opportunity to submit a proposal to provide technical support to the North Branch Watershed Workgroup. Manhard offers to provide as needed services on a Time and Materials Basis, up to an amount not-to-exceed $6,000. Marcy Knysz will provide services at the agreed upon rate of $135.00 per hour. Other staff may be utilized at a lower billing rate. This proposal is for work that will be completed between December 1, 2018 and November 30, 2019. Tasks may include, but are not limited to:

1. Attend meetings. 2. Assist with organization and development of the group. 3. Assist with the workgroup budget. 4. Meeting coordination and facilitation. 5. Coordinate with regulatory agencies. 6. Coordinate with other contractors and labs. 7. Development of bylaws, contract documents, request for proposals, QAPP, Work Plan,

Monitoring Strategy, and workgroup specific documents, presentations, etc. We have included “Exhibit A”, which details services not included in the scope of this Proposal. If you would like to add any of the listed additional services, please notify us and we will revise this Proposal accordingly. The terms of the attached “General Terms & Conditions” dated January 1, 2015, which Client hereby acknowledges receiving, are incorporated and made a part of this Proposal. If the above is acceptable, please have this Proposal executed. We will begin work as soon as we receive an executed copy of this Proposal. This Proposal will be null and void if not accepted by December 31, 2018. Thank you again for the opportunity to submit this proposal. Should you have any questions, please do not hesitate to contact us. Yours truly, MANHARD CONSULTING, LTD. Marcy Knysz, AICP, LEED AP, CPESC Peter Stoehr, P.E. Senior Project Manager Manager of Government Services

Civil Engineering

Surveying

Water Resources Management

Water & Wastewater Engineering

Supply Chain Logistics

Construction Management

Environmental Sciences

Landscape Architecture

Land Planning

North Branch Watershed Workgroup October 22, 2018 Page 2

ACCEPTED: LAKE COUNTY STORMWATER MANAGEMENT COMMISSION By: ___________________________ Title: ___________________________ (Authorized Representative) ___________________________ Date: ___________________________ (Printed Name) Invoices will be sent to the Client via email. Invoices should be forwarded to: Name: ___________________________ Email: ___________________________ Phone: ___________________________


GENERAL TERMS AND CONDITIONS

January 1, 2015

1. ONE INSTRUMENT/INCONSISTENCIES – These GENERAL TERMS AND CONDITIONS, and the Manhard PROPOSAL to

which these terms are attached (collectively this “Agreement”) shall be deemed one instrument. Wherever there is a conflict or inconsistency between the provisions of these GENERAL TERMS AND CONDITIONS, the PROPOSAL, and any plans or specifications, as applicable, the provisions provided for in these GENERAL TERMS AND CONDITIONS shall, in all instances, control and prevail. These GENERAL TERMS AND CONDITIONS shall apply to the work provided in the PROPOSAL to which this is attached or an amendment or modification, including an AGREEMENT FOR ADDITIONAL SERVICES.

2. ENTIRE AGREEMENT – These GENERAL TERMS AND CONDITIONS, the PROPOSAL, and any plans or specifications

represent the entire Agreement between the Parties and supercedes any and all prior oral or written understandings between the Parties. Changes to these GENERAL TERMS AND CONDITIONS shall only be binding when in writing and agreed to by both parties.

3. AUTHORIZATION TO SIGN – The person signing this Agreement represents and warrants that he/she is signing this

Agreement on behalf of the Client and is authorized to enter into this Agreement on the Client’s behalf. 4. CHANGES IN REGULATORY ENVIRONMENT – The services provided by Manhard under this Agreement were determined

based upon the applicable municipal, county, state and/or federal regulations, codes, laws and requirements that were in existence on the date of this Agreement. Any material additions, deletions or changes in the regulatory environment, which require an increase in the scope of services to be performed, will be an Additional Service.

5. CONTROLLING LAW – This Agreement is to be governed by the laws of the State of Illinois. 6. CURE PERIOD – If during the project term, Client observes or becomes aware of any improper service which has been

provided by Manhard, Client agrees to immediately notify Manhard of the same, in writing. Manhard shall then have five working days to cure, or begin to cure in a diligent manner, such improper service before Client may exercise its rights under any default and remedy provision provided for in this Agreement, including the right to take corrective action prior to the termination of the cure period. If Client fails to notify Manhard of any defects within thirty (30) working days of learning of the defects, any objections to Manhard’s work shall be waived. Manhard will not accept any backcharges unless Client has complied with the foregoing and allowed Manhard the opportunity to cure any problem.

7. DELAYS – Client agrees that Manhard shall not be responsible for damages arising directly from any delays for causes

beyond Manhard’s control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters; fires, riots, war or other emergencies or acts of God; failure of any government agency to act in a timely manner; failure of performance by the Client or the Client’s contractors or consultants; or discovery of any hazardous substances or differing site conditions. In addition, if delays resulting from any such causes increase the cost or time required by Manhard to perform its services in an orderly and efficient manner, Manhard shall be entitled to an equitable adjustment in schedule and/or compensation.

8. ENGINEER’S OPINION OF PROBABLE COST – Manhard’s Opinions of Probable Cost provided for herein, if applicable, are

to be made on the basis of Manhard’s experience and qualifications and represents Manhard’s judgment as an experienced and qualified professional engineer generally familiar with the construction industry. However, because Manhard has no control over the cost of labor, materials, equipment or services furnished by others, the Contractor’s methods of determining prices, or competitive bidding or market conditions, Manhard cannot and does not warrant, represent or guarantee that proposals, bids or actual construction cost will not vary from Manhard’s Opinions of Probable Cost. If Client wishes greater assurance as to probable construction cost, Client shall employ an independent cost estimator.

9. INDEMNIFICATION CLAUSE – The Client agrees to indemnify and hold harmless Manhard, its officers and employees from

any and all third-party claims or losses to the extent caused by Client’s negligent acts or omissions in its performance of any of Client obligations under this Agreement and any activities or services thereunder. Manhard agrees to indemnify, and hold harmless Client, its officers, and employees from any and all third-party claims or losses to the extent caused by Manhard’s negligent acts or omissions in its performance of any of its obligations under this Agreement and any activities or services supported hereunder.

10. MANHARD’S INSURANCE COVERAGE – Before work is commenced on the site, and throughout the duration of the project,

Manhard shall maintain the following insurance coverage so as to indemnify Client from all claims of bodily injury or property damage that may occur from Manhard’s negligence:

a. Workmen’s compensation and occupational disease insurance covering all employees in statutory limits who

perform any obligations assumed under Contract. b. Public liability and property damage liability insurance covering all operations under contract; the limits for bodily

injury or death not less than $2,000,000 for each accident; for property damage, not less than $500,000 for each accident.

c. Automobile liability insurance on all self-propelled vehicles used in connection with the Project, whether owned, non-owned or hired; public liability limits of not less than $1,000,000 for each accident.

At the Client’s request, Manhard shall (i) provide a Certificate of Insurance evidencing Manhard’s compliance with the above requirements, and (ii) include Client as an “additional insured” on the insurance policy.


11. LIMITATION OF MANHARD’S LIABILITY – In recognition of the relative risks of the Project to the Client and Manhard, the

risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of Manhard and Manhard’s consultants to Client, to Contractor and any Subcontractors on the Project and to those claiming by or through Client for any and all claims, losses, costs, damages or claim expenses from any cause or liability of Manhard’s or Manhard’s consultants to all of those named herein with respect to the Project shall not exceed $50,000.00 or the agreed upon professional services fee, whichever is greater. Should Client desire a greater limitation of liability it is available for an additional fee as agreed to in writing by Client and Manhard.

Client acknowledges and understands that Manhard’s liability exposure for potential claims related to its performance of services is being specifically limited by this Agreement, and that Client’s potential recovery in a claim situation is limited to the amount herein. Client agrees that based upon Manhard’s fee and services, it is unreasonable to hold Manhard responsible for liability exposure greater than the set limit.

12. INFORMATION TO BE PROVIDED TO MANHARD – Client agrees to provide Manhard with such site information as may be

needed to enable Manhard to perform its services. Such information may include but shall not be limited to: latest plat of record; current title report and the documents contained therein; previous reports; title search report/chain-of-title documents; copies of environmental permits, registrations, liens, or cleanup records for the property; building plans and specifications; location, elevation and sizes of existing gas, telephone, electrical, street lighting and cable television lines on-site and off-site; boundary survey; wetland delineation; soil borings; archaeological phase 1 survey; first floor foundation plan and such other information as may be requested by Manhard, from time to time. Client shall not be responsible for providing site information which Manhard has specifically agreed to provide in its Proposal.

13. MANHARD’S RELIANCE ON INFORMATION PROVIDED – Manhard may rely on the accuracy and completeness of any

information furnished to Manhard by or on Client’s behalf. Furthermore, Client agrees to hold Manhard harmless from any engineering errors, including but not limited to, grading, earthwork analysis and off-site stormwater outlets, resulting from inaccurate site information which is provided by Client, including topographical surveys which have been prepared by consultants other than Manhard.

14. PAYMENT – Invoices will be submitted to the Client for payment on a monthly basis as the work progresses. 15. REIMBURSABLES – Reimbursable expenses shall mean one hundred eighteen percent (118%) of all costs incurred by

Manhard relative to the Project, including without limitation all outside consultants’ fees, reproduction costs, messenger or special mail service, and other Project-related expenses.

16. PERMITS & FEES – Unless the proposal specifically provides otherwise, Client shall be responsible for paying all application

and permit fees and obtaining all permits. Manhard does not warrant, represent or guarantee that the permits or approvals will be issued.

17. RIGHTS-OF-WAY & EASEMENTS – Client shall be responsible for obtaining (or vacating) all right-of-way, easements, real

covenants and/or agreements necessary for the proper development of the property, including but not limited to right-of-way and easements which may be necessary for roadway and access improvements; stormwater conveyance and detention; sanitary sewer collection, pumping and treatment facilities; water distribution, treatment or storage facilities; and temporary construction access.

18. SEVERABILITY – If any clause or provision of this Agreement is determined to be illegal, invalid or unenforceable by any

court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect.

19. STANDARD OF CARE – Manhard will strive to perform its services in accordance with a manner consistent with the level of

care and skill ordinarily exercised by other Design Professionals in the same locale. 20. TERMINATION – This Contract shall terminate at the time Manhard has completed its services for Client, or prior to that time,

if one party provides to the other party written notice, whereby such termination date shall be effective seven (7) days after receipt of such notice. Client agrees to pay for all services, expenses and charges, as agreed, which have been incurred by Manhard through the date of termination.

21. THIRD PARTY BENEFICIARY – If Client is a contractor for the owner of the property, the parties acknowledge that Manhard

is intended to be a third party beneficiary of the construction contract entered into between owner and Client. 22. USE OF DOCUMENTS AND ELECTRONIC DATA – All documents (including drawings and specifications) as well as

electronic data (including designs, plans or data stored in machine readable form) that are provided to Client are instruments of service with respect to the Project. The reproduction of the documents/electronic data from Manhard’s system to an alternate system cannot be accomplished without the introduction of inexactitudes, anomalies and errors, and therefore, Manhard cannot and does not make any representations regarding such compatibility.

23. MANHARD’S SITE VISITS – If requested by Client or as required by the Proposal, Manhard shall visit the site at intervals

appropriate to the various stages of construction as Manhard deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of contractor's work. Construction staking or survey control staking is not considered a site visit. Such visits and observations by Manhard are not intended to be exhaustive or to extend to every aspect of the work in progress, or to involve inspections of the work beyond the responsibilities specifically assigned to Manhard in this Agreement, but rather are to be limited to spot checking, and similar methods of general observation of the work based on Manhard's exercise of professional judgment. Based on information


obtained during such visits and such observations, Manhard shall endeavor to determine in general if such work is proceeding in accordance with the contract documents and Manhard shall keep Client informed of the progress of the work.

The purpose of Manhard’s visits to the site will be to enable Manhard to better carry out the duties and responsibilities assigned to and undertaken by Manhard hereunder including, but not limited to, visits during the Construction Phase and the Surveying Phase. Manhard shall not, during such visits or as a result of such observations of work in progress, supervise, direct or have control over the work, nor shall Manhard have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by contractor(s), for safety precautions and programs incident to the work, for any failure of contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to the furnishing and performing the work or authority to stop the work. Accordingly, Manhard neither guarantees the performance of any contractor(s) nor assumes responsibility for any contractor’s failure to furnish and perform its work in accordance with the contract documents. Should the Client determine that such service is necessary, Manhard will provide such services as the resident project representative as an Additional Service.

Manhard shall not have the authority to instruct any contractor to suspend or terminate its work on the Project. Manhard shall not be responsible for the acts or omissions of any contractor(s), or of any subcontractor(s), any supplier(s), or of any other person or organization performing or furnishing any of the work.

24. DESIGN WITHOUT CONSTRUCTION ADMINISTRATION – It is understood and agreed that Manhard’s basic services under

this Agreement do not include project observation or review of the Client's performance or any other construction phase services, and that such services will be provided for by the Client.


EXHIBIT A

ADDITIONAL SERVICES

Additional services (including, but not limited to those listed below) shall be performed by Manhard, if requested, at an additional cost

(“Additional Services”). The following services or items are not included within the scope of work outlined in this PROPOSAL to which

this is attached unless specifically set forth therein. Such additional services shall be provided either for an agreed upon Lump Sum Fee

or on a Time and Material Basis, subject to the rates as listed below:

SCHEDULE OF TIME

AND MATERIAL RATES FOR 2018

CATEGORY

CURRENT HOURLY RATES

President Executive Vice President Vice President Area Manager Senior Project Manager Director Senior Planner Manager of Community Development Project Manager Survey Manager Senior Construction Manager Project Engineer Project Surveyor Senior Design Technician Construction Manager/Coordinator Construction Inspector Staff Engineer Staff Surveyor Staff Planner Design Technician Engineering CADD/G.I.S. Technician Land Planner/Environmental Planner Survey/Construction Technician Landscape Designer/Architect Administrative Assistant Intern CADD Work Station 1-Person Crew 2-Person Crew Expert Testimony & Depositions Mileage Printing – Paper Printing – Vellum Printing – Mylar, Film, Clear Acetate

$195.00 $195.00 $180.00 $175.00

$140.00 - $180.00 $120.00 - $160.00 $110.00 - $160.00 $140.00 - $160.00 $130.00 - $150.00 $135.00 - $150.00 $125.00 - $145.00 $105.00 - $140.00 $105.00 - $125.00 $110.00 - $120.00 $105.00 - $120.00 $85.00 - $110.00 $95.00 - $110.00 $95.00 - $110.00 $80.00 - $120.00 $85.00 - $115.00 $75.00 - $105.00 $85.00 - $110.00 $85.00 - $105.00 $90.00 - $140.00

$65.00 $55.00 $42.00

$125.00 $165.00 $250.00

REIMBURSABLES

$0.55/mile $0.15/sf $1.75/sf $2.50/sf

I. ENVIRONMENTAL SERVICES

A. Completion of a title search for the property.

B. Evaluation of additional non-scope considerations including, but not limited to, asbestos-containing materials, floodplains,

radon, lead-based paint, lead in drinking water, threatened/endangered species, historic/cultural resources, etc.

II. ALL WETLANDS SERVICES

III. ALL LAND PLANNING SERVICES

IV. ALL LANDSCAPE ARCHITECTURAL SERVICES

V. ALL TRAFFIC SERVICES

VI. ALL TOPOGRAPHICAL SURVEYING SERVICES

VII. ALL SURVEYING SERVICES


VIII. ALL FINAL ENGINEERING SERVICES

IX. ALL CONSTRUCTION SERVICES

X. MISCELLANEOUS

A. Attend additional meetings or public hearings not outlined above, with the Client, design team, or governmental

agencies, including preparation of Exhibits.

B. Coordination and filing as required for municipal meetings and hearings.

C. Providing additional services in connection with the project including services normally furnished by the Client or services

not otherwise provided for in this proposal such as, but not limited to, the use of consultants to prepare:

• Traffic studies, reports, or traffic signal design

• Highway, parking lot or driveway lighting design

• Soils reports, borings, testing or inspections

• Structural or electrical designs

• Architectural services

• Landscaping plans

• Tree surveys

• Historical preservation and archaeological studies or reports

• Endangered species investigation and reports

D. Preparation of electronic documents/data including, but not limited to, topographic surveys, plats, base drawings,

preliminary engineering plans, landscape plans, final engineering plans and specifications, for transmittal to

subconsultants. This service will be provided for a fee of $500.00.

E. Overnight mail, messenger services, prints or mylars.

F. Revisions of previously approved site “sketch” plans, studies, reports, design documents, preliminary engineering plans,

drawings and specifications, after substantial completion of preliminary or final design.

G. Providing additional services in connection with the Project to assist in obtaining permits from governmental agencies

other than those listed.

H. Planning, design, construction staking or construction services in connection with installation or relocation of utilities such

as electrical, telephone, gas or cable television.

I. Services resulting from facts revealed about conditions: 1) which are different from information about such conditions that

Client previously provided to Manhard and upon which Manhard was entitled to rely; or 2) as to which Client had

responsibility to provide information and such information was not previously provided.

J. Preparing documents for alternate bids requested by Client for Contractor’s work which is not executed or documents for

out-of-sequence work.

K. Preparing to serve or serving as a consultant or witness for Client in any litigation, arbitration or other legal or

administrative proceeding involving the Project (except for assistance in consultations which is expressly included as part

of Basic Services).

U:\PLANNING\North Branch Chicago River Workgroup\Agreements-Contracts\SMC_Administrative Services\FY18-FY19 IGA\10.22.18_NBWW_SMCAdmin AgentIGA.docx

AGREEMENT

between the

NORTH BRANCH CHICAGO RIVER WATERSHED WORKGROUP

and the

LAKE COUNTY STORMWATER MANAGEMENT COMMISSION

for providing ADMINISTRATIVE AGENT SERVICES

WHEREAS, the North Branch Chicago River Watershed Workgroup (NBWW) is an organization

formed individually and collectively, pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; Article VII, Section 10 of the 1970 Constitution of the State of Illinois; the Local Land Resource Management Planning Act, 50 ILCS 805/1 et seq.; the Illinois Drainage Act, 70 ILCS 605/1 et seq.; and other statutory authority, the Environmental Protection Act, 415 ILCS 5 et seq.; The Green Infrastructure for Clean Water Act, 415 ILCS 56/1 et seq.; and other applicable law; and

WHEREAS, the Lake County Stormwater Management Commission (“SMC”) formed pursuant to 55 ILCS 5/5-1062 et seq., providing authority to the Stormwater Management Commission; is desirous of acting as the ‘Administrative Agent’ for the NBWW and having related organizational mission and objectives; and

WHEREAS, the Administrative Agent duties provided to the NBWW shall include but are not limited to, communication and coordination, membership development, website management, financial accounting, meeting implementation following the Illinois Open Meetings Act requirements, providing Illinois Freedom of Information Act services per that Act’s requirements, technical support, providing recommendations and support for purchasing and procurement of contractual services following Illinois Professional Services Selection Act and the Lake County Purchasing Policies when applicable; and

WHEREAS, the NBWW will allow membership dues collected and applied to water quality monitoring program costs; and

WHEREAS, the parties hereto, by their respective governing boards, find this Agreement to be fair and to the mutual benefit of the parties hereto.

NOW, THEREFORE, the NBWW and the SMC agree, by their authorized representatives, to the following:

1. That the recitals above be and are incorporated by reference as a part of this Agreement.

2. Mutual Agreements. NBWW and SMC agree:

a) Sub-consultants hired by the NBWW shall be approved by the NBWW Executive Board and invoices received shall be paid by SMC from the NBWW account as part of the administrative services provided under this agreement. b) Mutually review the terms of this agreement, at a minimum, within the second fiscal quarter of each calendar year, to ensure both the SMC services rendered are meeting expectations of the NBWW and that SMC staff expenses are being remunerated appropriately.

3. NBWW Agreements. NBWW agrees as follows:

a) The NBWW agrees to allow the SMC utilization of NBWW dues expended as part of the NBWW overall water quality monitoring program as potential grant match for Illinois EPA approved watershed-based plan monitoring components. In no event shall the amount of match allowed

2

exceed $62,000 over a three-year fiscal year period (2018-2020) for costs associated with the watershed-based plan water quality monitoring components.

b) The NBWW agrees to allow SMC to perform invoice payments to sub-consultants approved per 2.a) above.

4. SMC Agreements. SMC agrees as follows: a) SMC agrees each year, starting in January 2018 and annually thereafter, to develop a yearly budget for the NBWW Executive Board approval and three-year budget estimate, based on projected membership dues received and expenses.

b) SMC agrees to provide the Administrative Agent services, effectively and efficiently.

c) SMC agrees to provide financial reporting of revenues and expenditures on a monthly and year-end basis, so that the NBWW may make informed decisions on financial matters, regarding expenses and dues adjustments that may be necessary per the NBWW bylaws.

5. Effective date of agreement: The effective date of this Agreement shall be November 1, 2018.

6. Terms of Agreement:

a) The terms of this Agreement are valid until November 30, 2019, at which time this Agreement shall automatically renew each year thereafter on December 1st provided, however, that an event of termination occurs, then the applicable renewal term shall be shortened to the date of the event of termination.

b) Either party may terminate this Agreement upon 30 days written notice to the other party. In the event of such termination, the NBWW shall reimburse the SMC for eligible administrative services made up to the date of notice of termination, up to the maximum not-to-exceed amount of $19,000.

c) All adjustments, additions, and/or deletions to this Agreement are subject to the written approval of both parties.

d) This Agreement shall be governed by and construed according to the laws of the State of Illinois.

Agreed and executed by the parties hereto, by their duly authorized representatives, on the date first written above.

North Branch Chicago River Watershed Workgroup By:______________________________ President Attest: ___________________________ Vice-President Lake County Stormwater Management Commission By: _____________________________ Executive Director Attest:___________________________ Business Office Manager

SMC STAFF RATE 1

General Administration

TasksFinancials

Technical Assistance

Total Cost

Ashley Warren 50.00$ 115 5.75 5.25 6,300.00$ Mike Warner (@ 50% time) 111.00$ 17 0 21.75 2,150.63$ Jacob Jozefowski 35.00$ 31.5 0 4 1,242.50$ Wendy Morey 50.00$ 0 3 0 150.00$ Angela Panateri 38.00$ 25 0 0 950.00$ May Keen 13.50$ 11.6 0 0 156.06$

200.06 8.75 31 10,949.19$

SMC STAFF RATE 1


TasksFinancials


Total Cost

Ashley Warren 50.00$ 33.25 9.75 0 2,150.00$ Mike Warner (@ 50% time) 111.00$ 3 0 0 166.50$ Wendy Morey 50.00$ 0 1.25 0 62.50$ May Keen 13.50$ 13.5 2 0 209.25$

49.75 13 0.00 2,588.25$

SMC STAFF RATE 1


TasksFinancials


Total Cost

Ashley Warren 50.00$ 7.25 3 0.5 537.50$ May Keen 13.50$ 2 0 0 27.00$ Mike Warner (@ 50% time) 111.00$ 1 0 0 55.50$ Wendy Morey 50.00$ 0 1.75 0 87.50$

10.25 4.75 0.5 707.50$

SMC STAFF RATE 1


TasksFinancials


Total Cost

Ashley Strelcheck 50.00$ 19.25 6.25 0 1,275.00$ May Keen 13.50$ 5 0 0 67.50$ Mike Warner (@ 50% time) 111.00$ 4.5 0 2.75 402.38$ Wendy Morey 50.00$ 0 1 0 50.00$ Angela Panateri 38.00$ 2 0 0 76.00$ Communications Staff 14.22$ 2 0 0 28.44$

32.75 7.25 2.75 1,899.32$

SMC STAFF RATE 1


TasksFinancials


Total Cost

Ashley Strelcheck 50.00$ 0 0 0 -$ May Keen 13.50$ 0 0 0 -$ Mike Warner (@ 50% time) 111.00$ 0 0 0 -$ Wendy Morey 50.00$ 0 0 0 -$ Angela Panateri 38.00$ -$ Communications Staff 14.22$ -$

0 0 0 -$

TOTALS:

SMC, NBWW ADMINISTRATIVE AGENT TIME TRACKING SPREADSHEET

TIME SUMMARY (Febraury 21, 2018 - June 30, 2018)

TOTALS:

SMC, NBWW ADMINISTRATIVE AGENT TIME TRACKING SPREADSHEETTIME SUMMARY (July 1, 2018 - August 31, 2018)

TOTALS:

SMC, NBWW ADMINISTRATIVE AGENT TIME TRACKING SPREADSHEETTIME SUMMARY (November 1, 2018 - November 30, 2018)

TOTALS:

SMC, NBWW ADMINISTRATIVE AGENT TIME TRACKING SPREADSHEETTIME SUMMARY (September 1, 2018 - September 30, 2018)

TOTALS:

SMC, NBWW ADMINISTRATIVE AGENT TIME TRACKING SPREADSHEETTIME SUMMARY (October 1, 2018 - October 31, 2018)

Month Year Tasks

General

Administration

Tasks

FinancialsTechnical

Assistance

February 21-28 2018 NBWW Meeting & Meeting Prep 5.5

NBWW Email Invite (GovDel), new banner with new logo 2

02.21.18 Meeting Minutes Review 1.25

March 2018 Website (upload documents) 7.5

Admin. timetracking 1.5

NBWW Letterheads with Comm. Staff 0.25

Bylaws & Membership IGA (signatures) 4.5

Organzie file folders for upcoming documents - workplan,

agreements, QAPP, etc… 1

Set-up membership invoice and letter templates 2.5

Agenda, Meeting Minutes, Meetings (setup/cleanup) 11

NBWW coordination with members 2

Monitoring Strategy & Workplan Review 2.25

GovDel - emails 2

Packet to open up SMC account for NBWW 0.5

Budget - update with new contract costs 0.75

April 2018 Website (upload documents) 1.5


NBWW Coordination - files, graphics (banner), Member

coordination, etc… 0.75

Membership Dues (Invoices), Letters, Coorespondence, Tracking

Spreadsheet 10.5


Workplan update 1.5

GovDel - emails 2.75

May 2018 Website (upload documents) 1


Contract - financials, PO's, 1

NBWW Coordination - Member coordination, agenda items,

documents 3 3.25


Spreadsheet 4 2.5


Workplan update 1


June 2018 Website (upload documents) 1.25

Admin. timetracking 1

Contract - financials, PO's, 0.5


documents 0.5


Spreadsheet 3

Agenda, Meeting Minutes, Meetings (setup/cleanup), August

meeting tour prep 13


Monitoring Notecard 1.25

Feb-June Total 2018 115 5.75 5.5

July 2018 Website (upload documents) 0.75

Contracts - financials, PO's, Timetracking, Billing 7.75

Ashley Strelcheck, Water Resources Professional

North Branch Time Tracking (02/21/18 - 11/30/18)

Month Year Tasks

General

Administration

Tasks

FinancialsTechnical

Assistance



documents 0.75


Spreadsheet 0.25

Agenda, Meeting Minutes, Meetings (setup/cleanup), & August

meeting tour prep 7.5

GovDel - emails 1.5

July Total 2018 10.75 7.75 0

August 2018 Website (upload documents) 1.5

Contracts - financials, PO's, Timetracking, Billing 2


documents 2.5


Spreadsheet 4.75



GovDel - emails 1.5

August Total 2018 22.5 2 0

September 2018 Website (upload documents) 0.25

Contracts - financials, PO's, Timetracking, Billing 3


documents 0.5


Spreadsheet 0.75



GovDel - emails 2.5

September Total 2018 7.25 3 0.5

October 2018 Website (upload documents) 2.5

Contracts - financials, PO's, Timetracking, Billing, Budget 6.25


documents 1.5


Spreadsheet 0.75


meeting tour prep 8


Newsletter & Creating Template 2.25

2019 NBWW Venue Coord. 1.5

October Total 2018 19.25 6.25 0

Mike Warner, Executive Director

date TasksGeneral

Administration Tasks

FinancialTechnical

Assistance

February-18 Meetings 2NBWW Admin Coordination 1

March-18 Meetings 3NBWW Admin Coordination 8.25

April-18 Meetings and meeting prep 7NBWW Admin Coordination 8

May-18 Meetings and meeting prep 4NBWW Admin Coordination 2

Jun-18 Meeting prep 1NBWW Admin Coordination 2.5

17 0 21.75

Jul-18 Meetings 1

Jul-18 Total

Aug-18 Meetings 2

Aug-18 TotalJuly & August Total 0 0 0

Sep-18 General Administration & Billing 1

Sep-18 Total 1

Oct-18 General Administration & Billing 2.75Meetings 4.5

Oct-18 Total 4.5 0 2.75

North Branch Time Tracking (02/21/18 - 11/30/18) (hours)

Wendy Morey, Office Manager

Month Year Tasks

General

Administration

Tasks

FinancialsTechnical

Assistance

April 2018 Financials/Deposit Tracking 0.5

May 2018 Financials/Deposit Tracking 1.5

June 2018 Financials/Deposit Tracking 1

July 2018 Financials/Deposit Tracking 0.5

August 2018 Financials/Deposit Tracking 0.75

September 2018 Financials/Deposit Tracking 1.75

October 2018 Financials/Deposit Tracking 1

November 2018

Totals: 0 7 0


May Keen, Workgroup Intern

Month Year Tasks

General

Administration

Tasks

FinancialsTechnical

Assistance

June 2018 Glenview Map and Questions 7

Meetings and Meeting Minutes 4

NBWW Note Card Design 1

June Total 2018 12 0 0

July 2018

Meetings and Meeting Minutes 6

319 Grant Research and Preparation 2

Budgeting and Time Table 1

July Total 2018 8 1 0

August 2018

Meetings and Meeting Minutes 3.5

Budgeting and Time Table 1

August Total 3.5 1 0

September 2018

General Membership Speakers 2

September Total 2 0 0

October 2018

General Membership Speakers 1

Meeting and Meeting Minutes 1.5

2019 Room Reservations 1.5

NBWW Membership Tracking 1

October Total 5 0 0


Angela Panateri, Communication Specialist

Month Year Tasks

General

Administration

Tasks

March 2018 NBWW Word Templates 2

March 2018 NBWW Website 15

June 2018 NBWW Postcard 8

July 2018

August 2018

September 2018

October 2018 NBWW Newsletter 2

November 2018

Totals: 27


Communications staff

Month Year Staff TasksGeneral

Administration Tasks

October 2018 Angela, Liam NBWW Newsletter 2

Totals: 2


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