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11.1 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE CRYSTAL TOWERS HOMEOWNERS' ASSOCIATION TO PARTICIPATE IN THE COST OF PRIVATE PROPERTY CULVERT PIPE REPAIRS and; Motion to accept proposal from Ciorb
Mr�GauC �'d'+rt;�iect Subject •LUTION AUTHORIZING THE MAYORA MOUNTSIGN AN AGREEMENT BETWEEN THE VILLAGE OF PROSPECT ASSOCIATION PARTICIPATE IN THE COST OF PRIVATE PROPERTY CULVERT PIPE . . • Meeting Fiscal Impact Dollar Amount Budget Source Category Type Information Motion to accept proposal •m Ciorba Group consulting engineers to perform design engineering and construction engineering cervices for proposedCrystalTowers• • repairs in an amount not to exceed $71,366. November 16, 2021 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - true $71,366.00 General Fund u Fil ► F -AT -91 4.040-11011WIZISTIffil Action Item Representatives from three (3) of the homeowners' associations at the Crystal Towers condominium development recently approached the Village to ask for financial and technical assistance correcting defects in two (2) 72 -inch diameter corrugated metal culvert pipes that convey Higgins Creek flow along the eastern periphery of the their lot. Please see attached location map for details. The pipes are installed on private property. The Crystal Towers condominium owners are collectively responsible for maintenance. Based on conversation with referenced representatives and ownership, maintenance responsibilities are not in dispute. 1 The Village has no ownership or maintenance responsibilities for the culvert pipe or creek channel that runs along the development's southern boundary. However, pursuant to Illinois drainage law, the Village has the right (not an obligation) to take action necessary to keep the channel and pipes open for the conveyance of drainage. This right accrues from the fact that Village storm sewers (primarily from the upstream Lake Briarwood residential area) discharge to the creek and the fact that the waterways are within corporate limits. In the past, Village action taken consistent with drainage law provisions has included removal of fallen trees from creek channels and removal of dead or diseased tree limbs. More substantive work, such as streambank stabilization, has only occurred on certain stretches of Weller Creek that are separately platted and solely owned by the Village. For reference, the Metropolitan Water Reclamation District of Greater Chicago (MWRDGC) owns the Weller Creek channel between Central Road and Lincoln Street. The Mount Prospect Park District owns the channel between Lincoln Street and IL Route 83/Elmhurst Road. The Village owns the rest. Additional information regarding drainage law, rights, and ownership of various Village creeks is summarized in the attached 1998 Public Works Department memorandum regarding same. This information was discussed with the Village Board at February 24, 1998 Committee of the Whole meeting. Village staff became aware of defects in the double cell 72 -inch culvert pipes at Crystal Towers in 2017 when Crystal Towers residents initially complained about recurring pavement failures in their southern driveway entrance. The double - celled culvert pipes run directly beneath the driveway on a north/south axis. Staff commissioned Ciorba Group water resources engineers to perform a condition assessment of the pipes and prepare a report. A copy of this document is enclosed. Salient conclusions of the report are that the headwall near Crystal Towers southern driveway entrance needs to be replaced and approximately 100' of the double cell corrugated metal pipe should be replaced with reinforced concrete pipes of the same diameter. The estimated cost of this work, calculated 4 years ago, was $133,000. Staff shared this report with Crystal Towers representatives in 2017. Apparently, previous owners of the Crystal Towers property (Tally Ho Apartments) rerouted and channelized the creek in order to create buildable land for the existing buildings. This work was performed prior to the area's annexation to the 2 Village in 1962. The creek was routed to a mechanically excavated channel along the property's south border and into large diameter double -cell culvert pipes along the property's eastern border with the Busse Road right-of-way. Attached are documents substantiating this history. As initially indicated, Crystal Towers now seeks Village participation in the cost of this project. Staff suggests that assuming the cost of design engineering and construction engineering is a prudent level of participation. The current estimated price to construct the lowest cost alternative is $275,000. This is a budget -level estimate rendered by two (2) local contractors based on a preliminary concept plan and site visits. In addition to the $275,000 estimated construction cost, a substantial amount of design engineering work is necessary in order to secure required permits and prepare bid documents. Staff has asked Ciorba Group to submit a technical and cost proposal to render engineering services necessary to obtain necessary permits, prepare drawings, create technical specifications, bid the project, and perform construction inspection/engineering services. A copy of Ciorba Groups' submittal is attached. The firm seeks a total of $71,366 in fees including $56,237 for design engineering and $15,128 for construction engineering. Staff agrees that this fee and work effort are appropriate due to the permit requirements likely for this project. Notably, it appears that permits will be required from the Illinois Department of Natural Resources, the United States Army Corps of Engineers, the Metropolitan Water Reclamation District of Greater Chicago, and Illinois Department of Transportation. For projects requiring this level of regulatory oversight, hydraulic modeling, and permitting, engineering costs typically total 25% of construction costs. Accordingly, total engineering costs of $68,750 are anticipated. Comparatively, Ciorba's fee request is above the norm. However, the work effort (485 hours) is reasonable and the average hourly rate ($147/hour) is competitive. In addition, Ciorba's rates are effective throughout 2022 and reflect higher wages than 2021; foreshadowing the likelihood that actual construction costs could be higher than $275,000 considering that the improvements will likely be built in spring 2022. KI Furthermore, it is feasible that construction inspection/engineering costs could be lower; construction work could proceed quickly once materials and permits are secured resulting in less work for the construction engineer. Also attached is a legal agreement with the Crystal Towers homeowners associations affirming their obligation to pay for actual construction costs and featuring a clawback provision to reimburse the Village for engineering costs in the event the project is designed, but not constructed, before January 2, 2023. Alternatives 1. Authorize the Mayor to execute an agreement with the Crystal Towers Homeowners' Association to participate in the cost of culvert pipe repairs. 2. Accept proposal from Ciorba Group to provide design and construction engineering services for proposed culvert pipe repairs. 3. Action at the discretion of the Village Board. Staff Recommendation Staff recommends that the Village Board authorize the Mayor to sign an agreement with the Crystal Towers Homeowners' Association to participate in the cost of private property culvert pipe repairs. Staff also recommends that the Village Board accept the proposal from Ciorba Group to provide requisite design engineering and construction engineering services for the proposed repairs in an amount not to exceed $71,366. ATTACHMENTS: Busse_Road_Culvert_Investigation_Memo_20171025_2_.pdf Crystal Towers Culvert Pipe - Location Map.pdf 1971 Plan Commission Minutes [reference diversion of Higgins Creek and culvert pipe].pdf Plat of Subdivision - Tally Ho.pdf Crystal Towers Culvert Replacement Engineering Proposal.pdf 2-16-98 Village rights and responsiblities concerning Feehanville Higgins McDonald creek.pdf Village of Mt Prospect—Community Development—Crystal Towers culvert pipes 4 agreement. pdf Resolution Crystal Towers agreement.pdf r PROJECT MEMO TO: Jeff Wulbecker PE, Mount Prospect Public Works Department Village Engineer FROM: Rami Asfahani, EIT, Inspection Team Leader CHECKED BY: Brett Sauter PE, SE, Structural Group Manager DATE: 10/25/2017 REFERENCE: Busse Road Culvert Investigation PROJECT NO.: 20767.01 On Tuesday October 3rd, 2017 Ciorba Group engineers performed an inspection of the culvert crossing under Busse Road south of Algonquin Road. The asphalt roadway pavement in the vicinity of the culvert is experiencing a recurring pot hole. The Village requested this inspection due to the suspicion that deterioration of the flexible culvert lying beneath the area is the cause of the issue. LOCATION, DIRECTION AND GEOMETRY The double -cell culvert being investigated runs along the west side of Busse Road, in a north -south orientation, from approximately 400 feet south of W Algonquin Road to a location just south of Crystal Lane. The culvert carries storm water flow from east to west. The north -most terminus of the double - cell pipe culvert connects to the west end of a single -cell culvert maintained by the Illinois Department of Transportation (IDOT) and identified as SN 016-1289. SN 016-1289 extends approximately 90'-0" in an east -west orientation. The latest Master Structure Report for the structure is shown in Attachment D. Two flexible steel corrugated metal pipes (CMPs) oriented in a southwest direction (54' from north) extend approximately 40'-0" and then turn south to extend approximately 215'-0" before again turning in a southwest orientation (541 from north) for approximately 24'-0" and terminating at a concrete headwall. A ditch carries the storm water flow further west. The ownership and maintenance responsibility of the two CMPs is unknown. Se(? P11 achau" effl: A and Attai.V"uument II3 for ,a II...ccaiuori II"/G aII,i and Geoiiiuetr s I ,miss° Vi of: cuWeii..t. EXISTING CONDITION OF THE STRUCTURE BASED ON CIORBA'S INSPECTION SN 016-1289 is experiencing only minor rust at localized areas along the culvert with no major signs of significant deterioration. See photos 12 through 15. The double -cell culvert is in poor condition, specifically at the south end directly beneath the recurring pothole. A large section of the southwest culvert headwall has sheared off and is laterally displaced approximately 7" outward seemingly due to tree roots pushing against the headwall. The flexible steel culverts are experiencing complete section loss at the bottom of the structure. The west cell of the flexible culvert is experiencing complete section loss for a total length of 29'-0" in the bottom of the section. The east cell of the flexible culvert is experiencing complete section loss for a total length of 5507 N. Cumberland Avenue Chicago, Illinois 60656 Tel 773.775.4009 Fax 773.775.4014 www.ciorba.com 6 r PROJECT MEMO 61'-0" in the bottom of the section. The compromised structural integrity of the southerly portions of the two CMPs has resulted in the ends of the pipes being vertically displaced from the circular concrete headway openings approximately 6". The east cell of the culvert was noted as having an approximately 3" vertical opening at the top of the CMP at a location approximately 48'-0" from the southwest end of the culvert. The noted openings and misalignments cause water to flow around the steel lining instead of inside the culvert leading to erosion of the soil surrounding the pipes. This erosion can indirectly affect the pavement above the vicinity of the culvert cells. The recurring pothole, as seen in Photos 9 and 10, is likely the result of the deterioration of the south-west portion of the double -cell culvert. Additionally, at the time of the inspection, water was not present in the deteriorated portions of the CMPs, suggesting that it was escaping the cells and infiltrating into the surrounding soil. Photo 12 shows the water entering the culvert from the northeast end and photo 11 shows no evidence of water leaving the culvert at the southwest end. The recurring 2'-0" diameter pot hole is in an area which is likely affected by erosion of the soil surrounding the culvert. Additionally, near the pot hole a local depression was noted in the grassed area to the south of the curb and the adjacent street lighting foundation is out of plumb likely due to the soil erosion. See photos 9 and 10. Overall, the flexible steel culverts are deflecting from a 6'-0" diameter circular section to an oval section of 5'-0" x 6'-9". In addition, structural cracks were noted on the southwest wingwall, see photo 4. ��See AII1 ad V"VV"gVeV''pt '3'fop e'id:w"V':In VIImMllogS MAINTENANCE OPTIONS To extend the life of the structure and to avoid compounding maintenance costs incurred by the culvert's deterioration, Ciorba has investigated two (2) alternatives for the culvert's rehabilitation: Maintenance Alternative 1: Culvert Reconstruction • Remove and replace the culvert headwall and the wingwalls at the southwest end of the culvert. • Remove trees and vegetation above the culvert cells and behind the headwall prior to casting new concrete headwall. • Remove and replace a total of 100'-0" of each of the CMP cells of the culvert. • Restore the affected areas above the reconstructed portions of the culvert. Maintenance Alternative 1 requires the partial removal and replacement of deteriorated portions of CMPs and reconstruction of the concrete headwall at the southwest end of the culvert and re - stabilization of the surrounding fill in this location. This would likely involve significant restoration costs. The total cost of this maintenance option is $133,000.00. 5507 N. Cumberland Avenue Chicago, Illinois 60656 Tel 773.775.4009 Fax 773.775.4014 www.ciorba.com 7 r PROJECT MEMO Maintenance Alternative 2: Culvert Lining • Remove and replace the culvert headwall and wingwalls at the southwest end of the culvert. • Remove trees and vegetation above the culvert cells and behind the headwall prior to casting new concrete. • Repair pipe joint separation at the top of the culvert's east cell. • Repair the corroded inverts of both cells. • Spray application of a fully structural corrosion resistant geopolymer culvert lining throughout the corroded 100'-0" length in each of the southern CMP cells of the culvert. Maintenance Alternative 2 requires the reconstruction of the concrete headwall at the southwest end of the culvert and a less -intrusive spray lining along the length of the double -cell culvert. The spray lining is a structural application which would repair the displaced joint and corroded inverts. Restoration costs would be less than those associated with Alternative 1. Lining a portion of the culvert will not affect the hydraulics and the entire culvert could be lined, however this would increase the cost further. The total cost of this maintenance option is $258,800.00. The pricing for the spray lining application was verified with an industry manufacturer. [See t t a c h I �n e I flC � ::or • o's eb I 14 P P a I e w"' RECOMMENDED SCOPE OF WORK The Culvert Reconstruction, as described under Maintenance Alternative 1, is the recommended alternative. Based on the findings of the inspection detailed in this report, the areas surrounding the deteriorated portions of the culvert are experiencing indirect effects from the culvert deterioration. This option is recommended over Maintenance Alternative 2 because it is the most cost- effective option which extends the life of the structure and ensures that all of the Village's concerns are addressed. 5507 N. Cumberland Avenue Chicago, Illinois 60656 Tel 773.775.4009 Fax 773.775.4014 www.ciorba.com 0 r PROJECT MEMO Photo 1: Looking northeast at the southwest end of the double -cell culvert. Photo 2: Flexible steel pipe separated from the concrete headwall at both outlets. 5507 N. Cumberland Avenue Chicago, Illinois 60656 Tel 773.775.4009 Fax 773.775.4014 www.ciorba.com 0 r PROJECT MEMO Photo 3: Spalled-in-place sections of concrete extending from the headwall. Photo 4: Looking northeast at the south wingwall. Previously sealed flexure crack noted. 5507 N. Cumberland Avenue Chicago, Illinois 60656 Tel 773.775.4009 Fax 773.775.4014 www.ciorba.com 10 Photo 5: Looki r PROJECT MEMO headwall. Photo 6: Looking northeast inside the east cell of the double -cell culvert. Typical section loss in both culvert cells. 5507 N. Cumberland Avenue Chicago, Illinois 60656 Tel 773.775.4009 Fax 773.775.4014 www.ciorba.com 11 r PROJECT MEMO Photo 7: Looking southwest from inside the east cell of the double -cell culvert showing section loss at 10'-0" from the culvert end. Photo 8: Looking south inside the east cell of the double -cell culvert. Section separation approximately 3". 5507 N. Cumberland Avenue Chicago, Illinois 60656 Tel 773.775.4009 Fax 773.775.4014 www.ciorba.com 12 r PROJECT MEMO Photo 9: Looking south at the pot hole and inclined light pole above the deteriorated areas of the double -cell culvert. The pot hole is approximately 2'x2' and is 29'-0" west of the edge of Busse Road pavement (on center) and 1'-0" north of the edge of the south curbline. The inclined light pole centerline is 6'-0" south of the south end of the pot hole and 6'-9" west of the pot hole, on center. 5507 N. Cumberland Avenue Chicago, Illinois 60656 Tel 773.775.4009 Fax 773.775.4014 www.ciorba.com 13 Phot r PROJECT MEMO curb. Photo 11: Looking west downstream of the double -cell culvert. No signs of water exiting the culvert at the time of inspection. 5507 N. Cumberland Avenue Chicago, Illinois 60656 Tel 773.775.4009 Fax 773.775.4014 www.ciorba.com 14 Photo 12: Lo( r PROJECT MEMO od condition. Photo 13: Looking west at the northeast end of the double -cell culvert from the west end of the single -cell culvert (IDOT SN 016-1289). In good condition with minor corrosion. 5507 N. Cumberland Avenue Chicago, Illinois 60656 Tel 773.775.4009 Fax 773.775.4014 www.ciorba.com 15 r PROJECT MEMO Photo 14: Corrosion located inside the east end of the single -cell culvert (IDOT SN 016-1289). Photo 15: Typical pipe connections to the single -cell culvert (IDOT SN 016-1289), in good condition. 5507 N. Cumberland Avenue Chicago, Illinois 60656 Tel 773.775.4009 Fax 773.775.4014 www.ciorba.com 16 PROJECT MEMO 17 r PROJECT MEMO 5507 N. Cumberland Avenue Chicago, Illinois 60656 Tel 773.775.4009 Fax 773.775.4014 www.ciorba.com 18 PROJECT MEMO 19 v N m 00 _ �zmLL uS Z eft INNER, IN l��/((�/lll lrr�rra/ i U � OF /03 op 4 �J © i ! h f �ff t f '. _. poobf assng --------------- �o 0 I m r / 0 e. , r__"^_ _RM _ O r l / r / / / e o %///// // ,,,,, ;, ✓l ,,, , %�,/ „" �' � �„, /D///%�� � is o �' ,,, ,/ � / f' i �fr/���/�� ' e;: r�%// o,,,,,,, ,, l�'G, c„�/iii,%i ;,, r,?%%o/n QIP PROJECT MEMO 22 CIORBA GROUP Consulting Engineers PROJECT MEMO Busse Road Culvert - Alternative 1- Culvert Reconstruction Scope of Work 1- Remove headwall at southwest end of culvert 2- Remove southwest portions of corroded and settled CMPs 3- Replace pipe culvert cells in-kind with new CMP sections and attach to existing CMP sections via concrete collar 4- Construct new reinforced concrete headwall at southwest end of culvert 5- Restore disturbed areas PAY ITEM # ITEM UNIT TOTAL UNIT PRICE TOTAL COST 50102400 CONCRETE REMOVAL CU YD 16.5 $ 850.00 $ 14,052 50105220 PIPE CULVERT REMOVAL FOOT 200 $ 30.00 $ 6,000 50300225 CONCRETE STRUCTURES CU YD 16.5 $ 1,000.00 $ 16,531 50800205 REINFORCEMENT BARS, EPDXY COATED POUND 2,710 $ 2.50 $ 6,775 542D1117 PIPE CULVERTS, CLASS D, TYPE 2 72" FOOT 200 $ 200.00 $ 40,000 54210206 PIPE ELBOW, 72" EACH 2 $ 4,000.00 $ 8,000 54248510 CONCRETE COLLAR CU YD 1.5 $ 800.00 $ 1,214 Sub Cost $ 93,000 Total Cost RESTORATION (20%) L SUM 1 $ 18,600.00 $ 18,600 MAINTENANCE OF TRAFFIC (3%) L SUM 1 $ 2,800.00 $ 2,800 CONTINGENCY (20%) L SUM 1 $ 18,600.00 $ 18,600 Total Cost $ 133,000 Busse Road Culvert - Alternative 2 - Culvert Lining Scope of Work 1- Remove headwall at southwest end of culvert 2- Line double cells of culverts and stabilize surrounding fill 3- Construct new reinforced concrete headwall at southwest end of culvert 4- Restore disturbed areas PAY ITEM # ITEM UNIT TOTAL UNIT PRICE TOTAL COST 50102400 CONCRETE REMOVAL CU YD 16.5 $ 850.00 $ 14,052 54390330 INSERTION CULVERT LINER 72" FOOT 200 $ 850.00 $ 170,000 50300225 CONCRETE STRUCTURES CU YD 16.5 $ 1,000.00 $ 16,531 50800205 REINFORCEMENT BARS, EPDXY COATED POUND 2,480 $ 2.50 $ 6,200 Sub Cost $ 207,000 RESTORATION (5%) L SUM 1 $ 10,400.00 $ 10,400 MAINTENANCE OF TRAFFIC (0%)* L SUM 1 $ - $ - CONTINGENCY (20%) L SUM 1 $ 41,400.00 $ 41,400 Total Cost $ 258,800 * Maintenance of traffic not included since only the headwall reconstruction would be performed above grade. 5507 N. Cumberland Avenue Chicago, Illinois 60656 Tel 773.775.4009 Fax 773.775.4014 www.ciorba.com 23 PROJECT MEMO 24 F's L A . YAN .010111 PROJECT MEMO 0 Q© 0 0 0 0 0 Q 0 6 6 6 z M LD 1? 6 M Cq 42 .2 U M 46 Z xD > 0 z z L: U 0 7 0 r > E > > > 2 < 3 n = = n 'c cL ccera uc -a cw p w o o r it . o A E L m ol z 0 Lu z' 0 z 1z M z r z o am cr cc co M 5 > r o 2 2 o Ix co m co in 03 'mp uj 0 0, B a 0 E La (V to -69ua DL E co I E u- E t 0 2 co D 0 0 z z uj > a z < o as c Z M z; E oA E Lo o rz z '2 E U a o j5 < c.L z S 2 twa 4 N C `w E I crr a c EQ z w a - Z 0 w 0 z LU z cc he 'w "M"i C7t— I-- < sai ar W �4 z w w D 0 D 0 (0r> T 0 9 V 0 Lu 2 M 0 0 Z CS co w v w w tr w 2 Q. w E M rtQ a a 4, 0 Z u -j r V - - - r z c' Rp qq r 0 a NE2 2 LM c' 2" wGF GC .- cL :2 2 SCC v 3; Q a w x r 2 vJ 'o M 0 :2 M .8 M < E o a o w w w M 45 2 TM 0 TM z z t' w so 03 f 'a' co x c' 2 2 = I w ix w 5507 N. Cumberland Avenue Chicago, Illinois 60656 Tel 773.775.4009 Fax 773.775.4014 www.ciorba.com 25 F's L A . YAN .010111 �; N L: 2 E z �2 w w 0 0 2 2 z z z w CL i < J Ir w w U 0 w L4 0 z wr PROJECT MEMO 5507 N. Cumberland Avenue Chicago, Illinois 60656 Tel 773.775.4009 Fax 773.775.4014 www.ciorba.com 26 0 2 0 0- W z M, - 0 R= ± U, w w I -W 0 C) q 0� 0 F- Lou LOL), LIA < W X C 0 U 0F- Z Q CL a. 0 0 0 0 r LZ 0.0 Q 0 < CO' '0 a 0 CL z z z 0 z z w w z z z 0 TS CIL 0 Z Z Z Z C4 Z Z z z '.7 -DO -0 0 z 0 t5 E D M 'C0 10 0 -Z U X .9 5 U CL .0 M U 0 X IL < M 0 z wr PROJECT MEMO 5507 N. Cumberland Avenue Chicago, Illinois 60656 Tel 773.775.4009 Fax 773.775.4014 www.ciorba.com 26 cli cli lz C5) VJ C:L iiia b c; 0 m 0 0 %,� ��, go" F///# , Kf T, IF P zll""l P r%r / ��/iii �f//; � © � '. //.���/�. r/�iiiiGG,�r�� / 1 % // / ri f � 0 rfiv� ij /r/ Y" C� 0 ..... ...... . . . . . . .. ... . /" W" 0- 1 p/p MISSION' .. ....... . . ............ '15 z. J, A pDobf aqgng Y p fUtIll, M AAA, AIN/. p/mgIrf, IN C PUBLIC HEARING BEFORE THE PLAN COMMISSION OF MOUNT PROSPECT, ILLINOIS STENOGRAPHIC REPORT OF PROCEEDINGS at the Municipal Building, 112 East Northwest Highway, Mount Prospect, Illinois, on Friday, September 24, 1971, at 8:00 o'clock P.M. MEMBERS OF COMMISSION PRESENT: MALCOLM G. YOUNG, CHAIRMAN J. C. BUSENHART, SECRETARY HAROLD ROSS LYNN KLOSTER EUGENE F. MARTIN EUGENE BRADTKE JAMES P. GRIER, JR. S P"E C I A, L H E A R I N G CASE NO: 71-15P PETITIONER: American National Bank & Trust Co. b 28 v 2. CHAIRMAN YOUNG: The special hearing of September 24th, 1971 will please come•to order. Mr..Busenhart, will you please call the roll. MR. BUSENHART: Mr. Bergen? (No response) Mr. Bradtke? MR. BRADTKE: Here. MR.:: _. BUSENHART : Mr. Grier? MR. GRIER: Here. MR. BUSENHART: Mr. Kloster? MR.' KLOSTER: Here. MR. BUSENHART: Mr. Martin? MR. MARTIN: Here. MR. BUSENHART: Mr. McBride? (No response) Mr. Ross? MR. ROSS: Here. MR. BUSENHART: Mr. Young? CHAIRMAN YOUNG: Here. MR. BUSENHART: Busenhart? Here. CHAIRMAN YOUNG: Mr. Secretary, will you please call the special case? MR. BUSENHART: Case 71-15P, American National Bank & Trust.Company, Trust No. 95951. Petition to rezone the southwest corner of Algonquin and Busse from its present zoning of R-4 to R-4 planned Unit 29 C G 6 .. the far north portion of this line, the portion which iso shown in'the detached line, which was accepted by,,; the ,,Metropolitan Sanitary District after the grouting procedure was finished and it was proven to be water tig'h,t. .:We propose to also utilize this pkeee. 'of ,sewer. We are .pTbp.os-i ng additional extensions to serve the, 'remaining portion of this building and a brand new line which would -serve the remaining bu,iiding-•toy+ the 9�'•'Q 47 Th4t'iaould--,. be- "Bui`Idings C, D and E, on the e.xhibit? A:. S r Yes. Q. And with 'respect to the. storm water and the fl'aod plain on the's�ubject property, could you en- lighten the Board as to, your findings on those items? A Yes. Higgins Creek abput 15 years ago was diverted along the -south boundary of the property, at which time .two;' .�6&�„ fbot square box culverts were ;. built, along th.e!` eastern property, and then beneath Busse. -Road, then once again discharging into the creek, to divert the creek. When this was done this property was filled in the •middle portion an average of,, where the creek 30 .. ..I , 1> 11 8� , 27. used to' b*,.S feet -- 5 to 6 feet. The avexa--ge pl6,1VatiP-n.,,i',,n the, middle was about approxima;,tellly a foit, and a half below floo&'-plaIn.. When, vq,-,w4ipt in - Volved additional fills were brought onto th,6 property, to tt�# "It4ne VE ap'pre�,i,qdrIiely,20,000 yards. 'I.A.nd At this time the site has maybe 'a few �*A local' .1 C). blit,' la�V%ptzic'tical piirpose,..§. .'it is above: the food have also done, 6" t,.0 d ies from the atlas'esand when the final grades are set on the. •buildings and't p'arkinq lot, as we,11 as the site it will,' bye, in'f"Ullcomp liance with the Mount P e c t'- flood Plain ordinance. Did- you bjamtany discussions at all, wath the archf te,cts on the 'project with resped'. t to the* retention-."`.' P pond -th a t is denoted in blue? Yes. Wo.uld'' you.,e$plain that, briefly? .A We propose that all storm water brei 'directed into the� retention pond from the site and :not direct- ly n to, Higgins Creek.. .,T.he retention pond will rely Sd',:thewater `slow 1 y , a f t e r a storm. ,The re ten ti q)tk'po'.10.' is sized to meet, at least from. .4,: preliminary standpoint we have more refining t Flo.. --but from a pre(liminary standpoint it is 31 CRY. 7A- 7-OWER.5 COA1,00"WA-11W 06VIEZOPMENT I ofi .......... . I--- ly GRIF"L IF Y.% 191-11oz-A 32 p I GG4141 .,. N a x,b yob y o G m I E � a '07 ,w / f 81 I o � 4a a m wu V Ja � 'k'e...."'w,' w t 1 E40 14, °►n S a M ".,. ........ w .,; `p`,r w .k� M" ✓ � ,.-"� m Yl .cury �� �,. �, �..._ e. >—�,. „.«� �l � � �� 1� ff ��q�� �,. "4.d u rk 5 ac JI , N33d',� SNl991N �" r Z to � 0 e a W & � e 33 'p��� �� �~ I, � ��������K���U U ������ ������� ������ com�u/r�ms rws�msrns Mr. Sean Dorsey Public Works Director Village ofMount Prospect 1700 W. Centra( Road Mount Prospect, Illinois 60056 Subject: Crystal Towers Culvert Replacement Project-Designand|nspecdonSen/ices Dear Mr. Dorsey: As requested' please find enclosed our proposed scope of work and fee for design engineering and construction inspection services related tothe Crystal Towers Culvert Replacement Project, located at 1725 W. Crystal Lane inMount Prospect. The proposed scope ofwork includes an updated culvert inspection, topographic survey, geotechnical, analysis, vvetiand investigation' Rj0ht'of'YYayengineering' design engineering' permitting sen/ices, and part-time construction inspection for the proposed improvements. Should you have any questions aboutthis proposal, please contact me at 773.355.2961 or at ("'Jmr�a nc. /~( ,� - /0.Anthony Wolff, PE' CFM Vice President - Water Resources enzsvu*ggnsnmusuue�m 111 113 m�:u/Lao�� 4 CRYSTAL TOWERS CULVERT REPLACEMENT SCOPE OF WORK Project Understanding Ciorba Group, Inc. will perform an updated inspection of the twin Corrugated Metal Pipe (CMP) culverts carrying Higgins Creek under Crystal Lane west of Busse Road and update the inspection report prepared in 2017 for the Village of Mount Prospect. Ciorba will then evaluate alternative replacement/ rehabilitation options for the culverts, including replacement, lining, and paved or reinforced bottoms. Ciorba will present the alternatives analysis to the Village. Once a preferred improvement alternative is agreed to with the Village, Ciorba will proceed with the detailed design of that alternative. For the purposes of this proposal, it is assumed that replacement of the southern 100 feet of the twin culverts (total of 200 feet of culvert length) and the associated headwall, as recommended in the previous inspection report, will be the preferred alternative. The plans and construction contract documents will be completed following IDOT and Village of Mount Prospect requirements. Anticipated submittals will include the following: 1. Culvert replacement/ rehabilitation alternatives analysis technical memo. 2. Preliminary (75%) Plans, Special Provisions and Estimates to the Village, utility companies and other required agencies. 3. Final Plans, Special Provisions and Estimates to Village, utility companies and other required agencies. Scope of Services 1. Coordination, Data Collection & Meetings A. Attend two meetings with Village to discuss project progress and review comments. B. Coordination with IDOT and Village of Mount Prospect. C. Coordinate project with private utility companies and additional coordination with specific utilities if conflicts are identified. D. One field check by design staff. 2. Topographic Survey A. Perform topographic survey of project site. 3. Culvert Inspection Update A. Perform inspection and condition assessment of twin culverts and update the inspection report from 2017. 4. Geotechnical (Soil and Material Consultants) A. Obtain one soil boring with pavement core and pH sample and prepare Geotechnical Report. 5. Environmental Services (Resource Environmental Solutions) A. Perform wetland delineation and prepare wetland delineation report for permitting use. CRYSTAL TOWERS CULVERT REPLACEMENT SCOPE OF WORK 6. Right -of -Way (ROW) Engineering (Ridgeline Consultants) A. Identify the IDOT ROW line along Busse Road in comparison to the existing culverts. For the purposes of this proposal, it is assumed that the existing culverts are located outside of IDOT ROW. If the investigation indicates that the culverts are located within IDOT ROW, additional scope and fee will be required. 7. Engineering Design/Plans A. Prepare alternatives evaluation of culvert replacement/ rehabilitation options, including replacement, lining, and paved or reinforced bottoms. Summarize in technical memo for review by Village. B. Proceed with detailed design of preferred improvement alternative. C. Perform hydrologic and hydraulic analysis for the proposed culvert replacement. D. Prepare Culvert and Roadway Replacement/ Rehabilitation Plans - preliminary (75%) and final (100%) submittals. MicroStation will be used to prepare the CADD files. All plan sheets will use plan scale 1" _ 20'. a. Title Sheet - 1 sheet b. General Notes/Index/Highway Standards - 1 sheet c. Summary of Quantities - 1 sheet d. Alignment, Ties, and Benchmarks - 1 sheet e. Existing Conditions/ Removal Items Et Proposed Roadway Plan - 1 sheet f. Drainage Plan and Profile - 1 sheet g. Erosion and Sediment Control and Landscaping Plan - 1 sheet h. Roadway Lighting Plan & Details - 3 sheets. This will include plans for a new foundation and re -use of the existing light pole. i. Miscellaneous Detail Sheet - 1 sheet E. Calculate quantities for the preliminary and final plan submittals. F. Prepare special provisions for the preliminary and final submittals. G. Prepare estimate of time and cost for the preliminary and final plan submittals. 8. Structural Design/Plans A. Prepare cast in place concrete headwall design - 2 sheets 9. Permitting A. Ciorba will prepare and submit the required permit applications, including: a. Metropolitan Water Reclamation District (MWRD) Watershed Management Permit. b. U.S. Army Corps of Engineers Section 404 permit. C. North Cook County Soil & Water Conservation District (SWCD) permit. Ci'orba C it'j l.][') 37 CRYSTAL TOWERS CULVERT REPLACEMENT SCOPE OF WORK d. Illinois Department of Natural Resources (IDNR) floodway permit. e. Illinois Department of Transportation (IDOT) permit. 10. QC/QA - Perform Quality Control / Quality Assurance during the project per Ciorba Group's Quality Control / Quality Assurance plan. 11. Construction Observation A. Ciorba will oversee a pre -construction meeting with the contractor, Village, and Homeowners Association. B. Ciorba will provide part-time observation during construction. a. Four weeks of construction are assumed with 25 hours of representation on site per week, including 20 hours per week from a Construction Inspector and 5 hours per week from a Resident Engineer. C. Ciorba will close out the project with the contractor by developing a punch list of construction items that require correction before final acceptance of the project. Once all punch list items are accepted, final documentation papers will be provided to the Village. 12. Project Management and Administration A. Provide project oversight. B. Prepare invoices and progress reports. C. Project control for scope, schedule, and budget. Excluded Services 1. Maintenance of Traffic Plans along Busse Road will not be required and will be addressed using IDOT Highway Standards. 2. ADA Details will not be required, IDOT Highway Standards will be referenced and included. 3. No cross-sections will be provided since there is no associated earthwork. Sidewalk and grading will match existing elevations and grades. 4. Typical section along Crystal Lane will not be provided. Existing pavement thickness will be provided with pavement core information. Asphalt mix table will be included on the General Notes sheet. 5. Permitting and wetland mitigation fees due to regulatory agencies are not included in this contract and will be paid by the Village or Homeowners' Association. 6. Construction stakeout is not included in this scope and will be included as a pay item for the contractor. 7. Material testing is not included. If requested by the Village, Ciorba's subconsultant Soil and Material Consultants can provide this service for an additional fee. Q U @ ) M / / E E \ G m n \%%{E$\/\/\% \ �geaagaggaqt mN\ a geC\l / b2/ 0F—F- 0) 00NN(0 X000 N amahagmggRRR g 2%?2<2mNmN00@ § 00-Ln\7///\\ / 00 + _ 0 eeeeeeeee___ e @@@ @ \\\ \ \ }�§w wCNN ¥ o eee e CD 0 \\ \ \Iq F- (n _N (0 \ \ w0 E �u ee e e 0®\qR0{3/ @ 2 �d wa��w��3a a �o %=2=ceKp & /*�£-3«a2 / 22 + ~ eeeeeeeee e mr- n=000�N wemo@osog Q Kwaa7w�o� K �nawowoaw � w coE/°Ln \ > CN a eeeeeeeee e g ) CCN co & m m } � LU - E w \ \ E \\\\ /JffJ42Ll §Z\)/ m n STAFF HOURS Village of Mount Prospect Crystal Towers Condos Culvert Replacement �c ~ N Grand Tl Total m U `ou L N ° a w` s a d ° o. - N `o f� & W �_ rn W c o L N - a 2 N a K a — o U 485 27 23 4 79 17 65 2 109 14 4 20 32 89 1. Meetings, Data Collection & Coordination Task Total: oto Meetings Subtotal: 22 8 10 4 8 4 4 Meetings with Village (2 meetings) 8 4 4 o11 Coordination Subtotal: 10 6 2 2 Coordination with Condo Association 4 4 Coordination with Other Agencies (IDOT, Village) 4 2 2 Coordination with Utilities 2 2 012 Data Collection Subtotal: 4 2 2 Field Checks 4 2 2 2. Topographic Survey Task Total: 02o Field Survey Subtotal: 15 14 1 1 10 9 4 4 Project Setup 2 1 1 Horizontal Topography 4 4 Stream Survey 8 4 4 021 Process Survey Information Subtotal: 1 1 Down Loading Total Station (1-2 hrs per down load every 2-3 days of topo) 1 1 3. Water Resources Task Total: o3o Hydrologic & Hydraulic Analysis Subtotal: 144 28 6 2 2 44 8 38 18 2 52 Hydrologic Modeling 2 2 Hydraulic Modeling 16 4 12 Alternatives Analysis 10 2 4 4 031 Stormwater Facility Design Subtotal: 35 11 4 20 Culvert Design 6 2 4 Drainage Sheets 18 6 12 Drainage Details 3 1 2 Erosion Control & Landscaping Plans 8 2 6 034 Reports / Location Drainage Studies Subtotal: 14 6 4 2 2 Drainage Tech Memo 6 4 2 Hydraulic Report 8 2 4 2 o35 Permits Subtotal: 67 4 2 19 12 30 Permit- IDOT 6 2 4 Permit- USACE 21 1 8 12 Permit- MWRDGC 21 18 12 Permit- IDNR 14 1 1 8 4 Permit- SWCD s 1 1 2 2 M:\Marke6 antl dlemswnvav3 Gleets\Crystal Towers\Proposals\P021361.00_GrysralTower\WOMiny Filar\Confide ,JRCry tA Towers CELS- Vllagexlsm -� Work Breakdown Sirudure Pa 2 of B 1 VN2021 9e I.:U N SUI t I N fI I: N 1 1NI I: RS STAFF HOURS Village of Mount Prospect Crystal Towers Condos Culvert Replacement Y �c ~ N Grand Total m O `o E N A u o a` w` A 3 s a d o a` - Ol N `o c f� rn W �_ m W c t2 oc c N - ' N a u, W a c U 4. Lighting and Traffic Signals Task Total: 042 Lighting Plans Subtotal: 14 14 1 1 5 5 8 8 Lighting Plan (10 hrs/sheet) 10 1 3 6 Lighting Details (2 hrs/sheet) 4 2 2 5. Engineering Plans Task Total: 055 Contract Plans Subtotal: 119 22 2 2 17 26 6 1 22 45 10 4 4 2 Title Sheet 2 2 Alignment, Ties and Benchmarks 4 4 General Notes 6 2 4 Summary of Quantities 6 2 4 Disposition of Comments - 2 Submittals 4 2 2 056 Roadway Plans Subtotal: 40 4 10 26 Removal Sheet/Existing Conditions & Proposed Plan Sheet (1"=20' scale, double plan) (32 hrs/sheet) 32 2 s 22 Detail Sheet (assume 1 sheet) a 2 2 4 o58 Quantity Calculations Subtotal: 19 2 2 1 3 9 2 Quantities (Removal & Proposed Plan) s 2 2 4 Quantities (Lighting) 2 1 1 Quantities (Water Resources) 6 2 4 Quantities (Structural) 3 1 2 059 Specifications & Estimates Subtotal: 38 11 18 9 Specifications 32 8 16 8 Estimate of Time (Pre -final & Final) 2 1 1 Estimate of Cost (Pre -final & Final) 4 2 2 s. Structural Studies/Plans Task Total: 063 Culvert Subtotal: 38 38 4 4 16 16 18 18 Culvert Inspection Update 6 4 2 Culvert Headwall Design 32 4 12 16 7. Construction Engineering / Phase III Assis. Task Total: 080 Construction Startup Subtotal: 121 4 32 2 89 2 Review Plans, Specifications and Contract Documents 4 2 2 081 Pre -Construction Conference subtotal: 10 6 4 Preparation 4 2 2 Attendance 4 2 2 Meeting Minutes 2 2 o83 Construction Observation / Documentation Subtotal: 100 20 80 M:\Marke6 antl alenrs\Prlvate Ueets\Crystal Towe1\Proposa1s\P021361.rr_ ,raRower\Worki Filar\Confide ,JRCry tA Towers CELS- Vllagexlsm -� Work Breakdown Sirudure e Pa 3 of B 111912021 gI.:U IVS tlNf, I: N 1 1NI I:RS STAFF HOURS Village of Mount Prospect Crystal Towers Condos Culvert Replacement �c ~ N Grand Total m � U `ou L N � w` A s O1 d - OI W `o c �_ c o L - a 2 a a o U Resident Engineer (4 weeks x 5 hrs/week) 20 20 Construction Inspector (4 weeks x 20 hrs/week) 60 60 064 Project Close-out Subtotal: 7 4 3 Develop Punch List Items 2 2 Coordinate Punch List Completion 2 2 Inspect Punch List Items t t Final Walk Through with Client 2 t t B. QC/QA Task Total: 090 QC/QA Subtotal: 6 6 6 6 Roadway 2 2 Structural 1 1 Water Resources 2 2 Lighting 1 t 9. Project Management & Administration Task Total: too Project Management & Administration Subtotal: 6 6 3 3 3 3 Project Administration 3 3 Project Management 3 3 M:\Marke6 antl dlemswnvav3 Gleets\Crystal Towers\Proposals\P021361.00_GrysralTower\WOMiny Filar\Confide ,JRCry tA Towers CELS- Vllag—I m -� Work Breakdown Sirudure Pa 9 of B 11IN202 ge I.:U IVS tlNfI I: N 1 1NI I:RS CloiobaGrmm ��� ���������� I, it I'J 5 4J I TI PUS f r I IV 4:i I IY Y I IR 5 FIRM NAME Ciorba Group, Inc. DATE PRIME/SUPPLEMENT Prime Client Village of Mount Prospect ESCALATION FACTOR 2.75% CLASSIFICATION CURRENT RATE ESCALATED RATE Senior Project Manager $84.50 $86.82 Project Manager $68.50 $70.38 Lead Structural Engineer $79.00 $81.17 Project Engineer $54.00 $55.49 Structures Engineer II $44.33 $45.55 Senior Engineer $45.75 $47.01 Engineer II $36.00 $36.99 Engineer 1 $33.00 $33.91 Senior Technician $42.50 $43.67 Technician $34.50 $35.45 Structures Engineer 1 $33.50 $34.42 Resident Engineer $52.00 $53.43 Construction Inspector $34.50 $35.45 11/09/21 Printed 11/9/2021 10:16 PM 43 IN-HOUSE DIRECT COSTS Village of Mount Prospect Crystal Towers Condos Culvert Replacement Phase II and III Meetings, Data Collection & Coordination Description Unit Unit Cost Vehicle (mileage) mile $ 0.575 Topographic Survey Description Unit Unit Cost Vehicle (day) day $ 65.00 Construction Engineering / Phase III Assis. Description Unit Unit Cost Vehicle (mileage) mile $ 0.58 Vehicle (day) day $ 65.00 Crystal Towers CECS - Village.xlsm: InHouseDC Quantity Extended Cost 48 $ 27.60 Total: $ 27.60 Quantity Extended Cost 1 $ 65.00 Total: $ 65.00 Quantity Extended Cost 360 $ 207.00 20 $ 1,300.00 Total: $ 1.507.00 B1ill�� 1 0 IU 5 u I - I I'U Ire I Ptl (' I ltd I 1;- 1:i ei�a 44 MAINTAIN O-��L%r' 4F Mount Prospect Public Works Department INTEROFFICE MEMORANDUM crn use TO: DIRECTOR OF PUBLIC WORKS GLEN R. ANDLER. FROM: DEPUTY DIRECTOR OF PUBLIC WORKS DATE: FEBRUARY 16,1998 SUBJ: VILLAGE RIGHTS AND RESPONSIBILITIES CONCERNING FEEHANVILLE CREEK, HIGGINS CREEK, AND MCDONALD CREEK. During the past two (2) years, staff and selected consultants have closely examined the land ownership and property maintenance issues associated with Weller Creek. As you are aware, our investigations into these matters indicated that the Village has a right, and, to an extent, a responsibility, to maintain the integrity and viability of the creek channel. In large part, the Village's rights and responsibilities with regard to Weller Creek stem from a 1972 Cook County Circuit Court Order that gave the Village jurisdiction over the portions of the Weller Creek Drainage District within Village limits. In addition, the fact that Village sewers have drained to the creek for well over 50 years, in effect, creates a prescriptive easement to operate and maintain the creek channel for drainage purposes. Furthermore, the Illinois Drainage Code affirms the Village's right to maintain its drainage system and to enter private lands in order to do so. Finally, the Illinois Municipal Code gives the Village limited authority to deepen, widen, or even alter the course of all waterways within municipal corporate limits. During recent discussions concerning planned bank stabilization work along Weller Creek, the Village Board requested that staff perform a similar examination of the land ownership and property maintenance issues associated with the other waterways serving the Village. Pursuant to your request, I have made such investigations and offer the following summary report: Feehanville Creek Feehanville Creek, like the other waterways dissecting the Village, was originally a seasonal stream deepened and channeled by early area farmers to improve field drainage. The creek originates in the Kensington Business Center just east of Feehanville Drive. The creek channel continues eastward to the Wisconsin Central railroad right-of-way in Des Plaines. The channel submerges in pipe beneath the railroad tracks and re-emerges just west of Des Plaines River Road. The final outfall of the creek is the Des Plaines River. The total length of the creek is 2.1 miles. The creek is narrow, 5 to 10 feet in width (toe to toe), and averages less than 1 foot in depth. The banks are steep, 10 — 15 feet in height. The headwaters of the creek stretch from the channel origin near Feehanville Drive all the way to Prospect High School. This headwater has been completely obliterated by residential development and natural drainage has been replaced by a combined sewer system. The drainage basin of Feehanville Creek is noted on Attachment A. 45 Page 2 of 5 Village Rights and Responsibilities Concerning Feehanville Creek, Higgins Creek, and McDonald Creek February 16, 1998 The overall condition of the creek channel is good. The toe is well established and the banks maintain a stable, but steep incline. There is a significant tree canopy along the banks. However, most trees are upslope and there are only a few instances where the water has significantly undercut root systems. There is one area just east of the creek's origin where a private property drain outfall installed near the top of the bank has eroded the slope. The only other work necessary is routine tree trimming. By virtue of the annexation agreement(s) between the Village, OPUS, and other Kensington Business Center property owners, it appears that the Village has been granted certain rights relating to the maintenance and operation of the Feehanville Creek channel. Specifically, the easement agreements and plats of survey indicate that the Village has accepted dedicated easements for the explicit purpose of operating and maintaining the creek. The easements are contiguous and span the entire Mount Prospect reach of the creek from its origin near Feehanville Drive to the Village limits at Wolf Road In a related matter, it is interesting to note that the Feehanville Creek Drainage District (the District) financed much of the early channel work and sewer construction associated with creek. Discussions with the Cook County Clerk's Office indicate that there is no record of recent activity by the District. The District apparently levied its last special assessment in 1939. However, the county did acknowledge that upon submittal of proper documentation verifying the District's existence and authority to levy, they would collect the District's taxes. Further investigation brought staff into contact with Mr. Marvin Metge who is an attorney holding records of the District. Apparently, Mr. Metge's records contain no evidence that the District was ever formally dissolved. However, no trustees currently hold office. Mr. Metge advised staff that it would be necessary for the Cook County Board President to appoint one or more trustees in order to carry out any activity in the name of the District. A subsequent conversation with Mr. Cliff Boxleitner, a Des Plaines CPA managing certain financial affairs of the District, revealed that the District still has approximately $5,000 on deposit in a Mount Prospect bank. The relevance of the Feehanville Creek Drainage District becomes apparent if further consideration is given to the idea of using the District's tax base as a revenue source to finance creek channel repairs. Unfortunately, due to the dysfunctional nature of the organization, an accurate map of the District's former or current boundaries apparently does .not exist. However, it seems unlikely that the District's boundaries would have ever been more expansive than the Feehanville Creek drainage basin boundaries depicted in Attachment A. Examination of this basin reveals that the vast majority of the land area tributary to Feehanville Creek is within current Mount Prospect corporate limits. Small portions of the basin are in Des Plaines and unincorporated Cook County. Therefore, it may be concluded that the Feehanville Creek Drainage District does not present the potential to significantly expand the revenue base for funding creek channel repairs much beyond Village boundaries. Higgins Creek Higgins Creek is also a natural seasonal stream modified to accommodate agriculture and urbanization. Higgins Creek actually begins as a grouping of distinct fingers or 46 Page 3 of 5 Village Rights and Responsibilities Concerning Feehanville Creek, Higgins Creek, and McDonald Creek February 16, 1998 tributaries. One of the tributaries begins in an Elk Grove Village industrial park southwest of the Northwest Tollway. This tributary courses northeasterly under the tollway. and enters Lake Briarwood, a privately owned lake. Another tributary begins in Arlington Heights and enters Lake Briarwood via a channel on its northwest shore. Higgins Creek exits the lake on its southeast shore via an open channel. It crosses the Commonwealth Edison right-of-way and travels east between Crystal Towers Condominiums and Forest Cove Apartments. It crosses Busse Road submerged in pipe and outfalls just north of Dumas Walker's restaurant. The tributary continues east and then southeast as an open channel through the tank farm. The tributary passes underneath Oakton Street and then meanders to the east where it joins other tributaries to form the main branch of Higgins Creek. The creek continues easterly beneath Elmhurst Road where it becomes channeled by concrete and augmented by treated discharge from the Metropolitan Water Reclamation District of Greater Chicago's (MWRDGC) Kirie Wastewater Treatment Plant. The creek then courses to the south until its confluence with Willow Creek. Higgins Creek then becomes part of Willow Creek and continues its eastward trek until its eventual outfall at the Des Plaines River. From its origins West of Lake Briarwood to its outfall at the Des Plaines River, the creek spans approximately 7 miles. The creek averages eight (8) feet wide in the Mount Prospect reach and typically has banks ranging from three (3) to eight (8) feet in height. The average depth is less than one (1) foot. The drainage basin of Higgins Creek is depicted on Attachment A. Higgins Creek is structurally in good shape. The toe is well established throughout and the banks are shallow and stable. The streambed is flat and silted. The worst reach of this creek is just east of Busse Road, north of Dumas Walker's restaurant. The banks in this reach are steep and there is a heavy, overgrown tree canopy. In addition, there is a great deal of debris on the slopes and -top-of-bank areas. There are no other major structural defects along this creek. Examination of available plats of survey and plats of subdivision indicates that the creek primarily travels its course over privately owned property. Where Higgins Creek tributaries breach the west shore of Lake Briarwood, general drainage easements have been granted. However, these easements do not identify a grantee. Where Higgins Creek exits Lake Briarwood, the channel is situated upon private lots owned by the Lake Briarwood Homeowner's Association. The creek crosses the Commonwealth Edison right-of-way without an easement. It travels to the Busse Road right-of-way confined to general drainage easements (without grantee). For the reach east of Busse Road to the Village's southerly limits, records indicate no formal grants of easements for the creek or for general drainage. In general, the Illinois Municipal Code gives the Village jurisdiction over all .watercourses within corporate limits. However, this authority does not indemnify the Village from lawsuits or absolve the Village from fairly compensating landowners for damage to their properties. In a more practical sense, the Village's rights with regard to Higgins Creek stem from the fact that Village properties (streets) drain to the channel. Sufficient provisions exist in the Illinois Drainage Code, Illinois court case decisions, and in common law, to conclude that the Village has the right to enter upon private lands and effect repairs necessary to 47 Page 4 of 5 Village Rights and Responsibilities Concerning Feehanville Creek, Higgins Creek, and McDonald Creek February 16, 1998 maintain the viability of a drainage system (Higgins Creek) that helps drain Village streets. In situations where there are ambiguities on plats, such as west of Busse Road where no easement grantees are identified, the courts have traditionally favored local government. Consequently, the fact that the Village is not identified as a grantee probably does not invalidate the Village's right to use the easements. This assessment is buttressed by the fact that the Village's use of the easements is consistent with their stated purpose. East of Busse Road, where no express easements for the creek exist, the fact that the creek pre -dates urban development, and has co -existed with said development for decades in an open, conspicuous, consistent, and uninterrupted manner, creates a strong legal argument that a prescriptive easement for the creek does exist as a matter of law. Commensurate with these rights, the Village has a right to operate and maintain its drain and easement in a manner that does not unreasonably burden or inconvenience the servient estate. However, it should be understood that the Village has no greater duty than to act reasonably. Neither the Village, nor any of the other parties that form the dominant tenement (Elk Grove, Arlington Heights, IDOT, and all upstream properties), are responsible for property loss on a servient estate when said property loss is the result of erosion caused by normal, open channel fluid dynamics and/or normal development of the dominant tenement. In order to prove such a liability, a complainant would have to .convince a court of law that the Village, or other party, orchestrated and implemented a plan to direct drainage waters at the servient estate in a manner that was fundamentally negligent or contrary to sound engineering practices. Absent such proof, it may be surmised that the Village has no legal duty to stabilize creek banks or restore private property lost to erosion. Having said that, it is equally true that the Village Board may elect to accept some larger burden in order to protect the value of real property. It is quite clear that existing property laws amply provide for such an option. McDonald Creek McDonald Creek begins near the intersection of Route 68 and Route 53 in Wheeling Township. It courses southeasterly through Arlington Heights, Buffalo Grove, Prospect Heights, Mount Prospect, and unincorporated Cook County until it reaches its eventual outfall at the Des Plaines River just south of Kensington Road. The banks average 10 to 12 feet in height and the streambed averages 8 to 10 feet in width. The median depth is one foot. The overall structural condition of the channel is good. The toe is well established and the banks rise at a 2:1 or less incline. There is minor evidence of scour at bridges. The streambed is relatively flat with a few riffle -pool areas. There are only two (2) major problem areas. One area is along the north bank just west of Burning Bush where three (3) homeowners have driven fence posts, logs, etc., into the bank and backfilled the slope with yard waste and assorted debris. The water has 48 Page 5 of 5 Village Rights and Responsibilities Concerning Feehanville Creek, Higgins Creek, and McDonald Creek February 16, 1998 eroded the toe of the bank in this location causing the upslope banks to fail. Over time, this action will continue and the homemade bank stabilization treatments will be completely undermined. To correct this problem, it will be necessary to re-establish the toe and re -slope the bank. Installation of a retaining wall would also correct this problem. The other major problem area is just east of the Burning Bush bridge. A homeowner on the north bank has installed a steel sheeting retaining wall mid -slope. The slope is steep, but there is no evidence of slides. This problem could be corrected by thinning the south bank tree canopy, regrading the north bank, and re -vegetating the slope. Installing a more structurally sound retaining wall could also solve the problem. The creek enters the Village just northwest of the Wolf Road and Euclid Avenue intersection. It meanders east of the Brentwood subdivision and crosses the Wisconsin Central right-of-way in pipe. It then dissects the Newtown subdivision between Hopi and Apache and continues east until it banks south near Fire Station 14 at Kensington Road and Des Plaines River Road. With the exception of the right-of-way crossings and Fire Station 14, the entire Mount Prospect reach of McDonald Creek is confined to general drainage easements on privately owned property. The easements do not identify the Village as a grantee. Annexation agreements for the area contain no reference to creek channel ownership or maintenance responsibilities. Village streets drain to the creek at several locations. For reasons stated previously, the Village has the right use the general drainage easements and enter private lands to maintain its drainage system. The Village has a duty to act responsibly in its use of the easements but does not have a legal burden to compensate servient estate owners for property loss caused by normal erosion or -upstream development. Sean P. Dorsey SPD DACREEMALLMMARY. DOC 49 0 Attachment A . LAKE COOK RD. Cl* CM 1 W \ ,N 1 \ CC Z o o � \ 1 1 z t = PALATINE RD. �y� rol; . Q Q :t CENTRAL RD. :xt;,# gNV1LLE 1 , WELLER .... yoq CR1114 EEK ♦� ro OAKTON ST. 1 HIGGINS CREEK �+ -� O'HARE WRP _ CRFF Ir SCALE IN MILES LEGEND 0 2 DRAINAGE BASIN BOUNDARY O'HARE WATER RECLAMATION PLANT SERVICE AREA BOUNDARY COMBINED SEWER SERVICE AREA FEEHANVILLE DITCH, HIGGINS . CREEK, AND WELLER CREEK DRAINAGE BASINS 50 AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE CRYSTAL TOWERS HOMEOWNERS' ASSOCIATION REGARDING THE DESIGN AND CONSTRUCTION ENGINEERING COSTS TO REPLACE CULVERT PIPES This Agreement Regarding The Design And Engineering Costs To Replace Culvert Pipes (the "Agreement") is made and entered into this of November, 2021, by and between the Village of Mount Prospect, an Illinois municipal corporation (hereinafter "Village"), and the Crystal Towers Homeowners' Association ("Homeowners' Association") (collectively "the Parties") Recitals WHEREAS, the Village is an Illinois home rule municipal corporation authorized to enter into agreements with private organizations like the Homeowners' Association; and WHEREAS, the Homeowners' Association represents condominium owners at the Crystal Towers condominium development; and WHEREAS, the Homeowners' Association seeks to replace two 72 -inch diameter corrugated metal culvert pipes located on private property underneath the southern driveway to the Crystal Towers development (the "Project") that convey flow from the Higgins Creek; and WHEREAS, Village staff became aware of defects in the culvert pipes in 2017 when residents at Crystal Towers condominiums reported pavement failures in the southern driveway entrance to the development; and WHEREAS, Homeowners' Association representatives have expressed concern to Village staff over the frequency and scale of pavement failures over the defective culvert pipes; and 1 51 WHEREAS, the cost to replace the culvert pipes was estimated in 2017 as approximately $133,000 and the Homeowners' Association now believes the cost to replace the culvert pipes could be two to three times the 2017 estimated cost; and WHEREAS, the Homeowners' Association seeks the Village's financial assistance to replace the culvert pipes; and WHEREAS, the Village believes assuming the cost of the design engineering and the construction engineering services by hiring and paying for these engineering services directly would be the best and most appropriate level of Village financial participation in the Project with the cost for this work estimated to be $71,366, including $56,237 for design engineering and $15,128 for part-time construction engineering; and WHEREAS, the Village believes its level of financial support for the Project is necessitated by the substantial permit requirements for the work that includes permits from the Illinois Department of Natural Resources, the United States Army Corps of Engineers, the Metropolitan Water Reclamation District of Greater Chicago and the Illinois Department of Transportation; and WHEREAS, the Village believes its participation in the Project will promote the best interests of the citizens of Mount Prospect. NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this Agreement, the Parties hereto agree as follows: Section 1. Incorporation of Recitals. The above recitals are incorporated into this Agreement as if fully set forth herein. 2 52 Section 2. Village Financial Contribution to the Culvert Replacement Project. The Village agrees to pay up to $71,366 for the costs of the design engineering and the construction engineering services needed for the Project. Section 3. Responsibility for Completion of the Culvert Replacement Project. The parties agree that the Village's participation in the Project shall be limited to paying for the design engineering and the construction engineering services. The Homeowners' Association shall have the sole responsibility for completing the culvert replacement project. Section 4. Project Completion Deadline. The Homeowners' Association agrees to complete the Project by January 1, 2023. Section 5. Reimbursement of Design and Construction Engineering Costs. The Homeowners' Association agrees that if it fails to complete the Project by January 1, 2023, it will reimburse to the Village the full costs it paid for the design and construction engineering for the project. The parties recognize that the Project could delayed due to the time required to secure the various permits needed for the work and if such delay happens the parties will consider a later deadline for Project completion beyond January 1, 2023; and Section 6. Indemnification and Hold Harmless. The Homeowners' Association agrees to indemnify, save and hold forever harmless and defend the Village and its officers, appointed and elected officials, president and trustees, employees, attorneys and agents from and against any and all liabilities, obligations, claims, damages of any kind or nature, penalties, causes of action, costs and expenses brought by any person, including tenants, inhabitants, 3 53 visitors, customers, employees, workers or any third parties may have that arise out of, are connected with, or in any way are associated with the Village's limited financial participation in the Project and the Homeowners' Associations' work in undertaking and completing the Project. Section 7. Notice Where notice is required by performance of this Agreement, such notice shall be in writing. Notice shall be deemed received if it is 1) delivered in person, 2) sent by registered United States mail and a signed return receipt is received, 3) delivered by messenger or mail service and a signed receipt is received, 4) sent by e-mail if an acknowledgment of receipt is received or 5) sent by facsimile and printed acknowledgment of receipt is received. Notice shall be sent to the following: To Village of Mount Prospect Village of Mount Prospect Department of Public Works 1700 West Central Road Mount Prospect, Illinois 60056 Attn: Director of Public Works To Crystal Towers Homeowners' Association: Crystal Towers Homeowners' Association. 1725 Crystal Lane Mount Prospect, Illinois 60056 Attn: Dan Macaluso, President or to such other persons or to such other addresses as may be provided by one party to the other party under the requirements of this Section. Section 8: Law And Venue. The law of the State of Illinois shall apply to this Agreement and venue for legal disputes shall be in Cook County, Illinois. Section 9: Modification This Agreement may be modified only by a written amendment signed by both Parties. El 54 Section 10: Counterparts This Agreement may be executed in two (2) or more counterparts, each of which taken together, shall constitute one and the same instrument. Section 11: Entire Agreement This Agreement constitutes the entire agreement and understanding of the Parties and supersedes any previous agreement, whether orally or in writing, between the Parties relating to the terms and provisions set forth herein. VILLAGE OF MOUNT PROSPECT CRYSTAL TOWERS HOMEOWNERS 'ASSOCIATION Paul Wm. Hoefert, Mayor Date: 5 Date: 55 RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE CRYSTAL TOWERS HOMEOWNERS' ASSOCIATION TO PARTICIPATE IN THE COST OF PRIVATE PROPERTY CULVERT PIPE REPAIRS WHEREAS, the Village is an Illinois home rule municipal corporation authorized to enter into agreements with private organizations like the Homeowners' Association; and WHEREAS, the Homeowners' Association represents condominium owners at the Crystal Towers condominium development; and WHEREAS, the Homeowners' Association seeks to replace two 72 -inch diameter corrugated metal culvert pipes located on private property underneath the southern driveway to the Crystal Towers development that convey flow from the Higgins Creek; and WHEREAS, the Homeowners' Association seeks the Village's financial assistance to replace the culvert pipes; and WHEREAS, the Village believes its level of financial support for the Project is necessitated by the substantial permit requirements for the work that includes permits from the Illinois Department of Natural Resources, the United States Army Corps of Engineers, the Metropolitan Water Reclamation District of Greater Chicago and the Illinois Department of Transportation; and WHEREAS, the Village believes its participation in the project will promote the best interests of the citizens of Mount Prospect. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby authorize the Mayor to sign an agreement between the Village of Mount Prospect and the Crystal Towers Homeowners" Association to participate in the cost of private property culvert repairs a copy of which is attached hereto and hereby made a part hereof as Exhibit "A" SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: PASSED and APPROVED this 16" day of November, 2021 Paul Wm. Hoefert, Mayor ATTEST: Karen M. Agoranos, Village Clerk '»-