HomeMy WebLinkAbout2015-06-08 Board AgendaVILLAGE BOARD OF TRUSTEES
REGULAR MEETING NOTICE /AGENDA
TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER
SCANLON CONFERENCE ROOM
June 8, 2015
6 :00 pm
(The hour between 6:00 and 7.00 pm is set aside for Executive Session
per 1 -5 -7A of the Village of Morton Grove Municipal Code.
If the Agenda does not include an Executive Session, the meeting will begin at 7.00 pm.)
1. Call to Order
2. Pledge of Allegiance
3.
4.
5.
6.
7.
Ci
Executive Session (if requested)
THE BALANCE OF THE MEETING SHALL COMMENCE AT 7:00 PM
IN THE COUNCIL CHAMBERS
OF THE RICHARD T. FLICKINGER MUNICIPAL CENTER
Reconvene Meeting
Pledge of Allegiance
Roll Call
Approval of Minutes — Town Hall /Special meeting — May 6, 2015
Regular meeting —May 11, 2015
Special meeting — May 26, 2015
Special Reports
a. Presentation Regarding Electrical Aggregation to be made by David Hoover /Sharon Durling
from Northern Illinois Municipal Electric Collaborative (NIMEC)
Richard T. Flickinger Municipal Center
6101 Capulina Avenue e Morton Grove, Illinois 60053 -2985
Tel: (847) 965 -4100 Fax: (847) 965 -4162
P..11111.d D....e_
8. Special Reports (continued)
b. Plan Commission Case 15 -01 Requests a Special Use Permit for a "Library" Use in Accordance
with Section 12 -4 -31) of the Unified Development Code at the Address Commonly Known as
6200 Lincoln Avenue to be Presented by Community and Economic Development Director
Nancy Radzevich
C. Plan Commission Case 15 -03 Requests a Text Amendment to Title 12, Chapter 16 of the
Municipal Code to Establish a Time Limit for the Validity of Variations Granted by the Village's
Zoning Board of Appeals to be Presented by Community and Economic Development Director
Nancy Radzevich
Public Hearings
10. Residents' Comments (agenda items only)
11. President's Report — Administration, Northwest Municipal Conference, Council of Mayors, Strategic
Plan, Comprehensive Plan
a. Assignment of Trustee Liaison Positions
b. Resolution 15 -40 (Introduced June 8, 2015)
Authorizing the Appointment of a Delegate and Alternate Delegate to the Intergovernmental
Risk Management Agency
C. Mayoral Update/Review
12. Clerk's Report — Community Relations Commission
13. Staff Reports
a. Village Administrator
1) Update on Long Term Water Supply Agreement - Request Board Approved Motion
Authorizing Staff to Negotiate and Draft a Long Term Water Supply Agreement with the
City of Evanston
2) Miscellaneous Reports and Updates
b. Corporation Counsel
14. Reports by Trustees
a. Trustee Grear — Police Department, Community and Economic Development Department, Fire
and Police Commission, Police Facility Committee, NIPSTA, Lehigh/Ferris TIF, Prairie View
TIF ('Trustee Witko)
1) Ordinance 15 -10 (Introduced June 8, 2015) (First Reading)
Amending Title 6, Chapter 7 of the Municipal Code Entitled "Items Designed or
Marketed for Use with Illegal Cannabis or Drugs" and Title 1, Chapter 4 Entitled
"Monetary Penalties and Fines for Specific Violations and Offenses"
b. Trustee Minx — Natural Resource Commission, Plan Commission/Zoning Board of Appeals,
Building Department (Trustee Pietron)
1) Ordinance 15 -06 (Introduced June 8, 2015) (First Reading)
Approving a Special Use Permit for a Library Use at 6200 Lincoln Avenue
2) Ordinance 15 -07 (Introduced June 8, 2015) (First Reading)
Amending the Village's Unified Development Code (Ord 07 -07) to Establish a Time
Limit for the Validity of Variations Granted by the Zoning Board of Appeals
C. Trustee Pietron — Public Works Department, Condominium Association, Economic
Development Commission, Dempster Street Corridor Plan (Trustee Minx)
1) Resolution 15 -45 (Introduced June 8, 2015)
Authorizing the Execution of a Contract with Schroeder Asphalt Services, Inc. for the
2015 Street Improvement Program
2) Ordinance 15 -08 (Introduced June 8, 2015) (First Reading)
Amending Title 7 Chapter 4 Article 7 of the Municipal Code of the Village of Morton
Grove Sprinkling Regulated for Water Users
3) Resolution 15 -46 (Introduced June 8, 2015)
Authorizing the Execution of a Contract with the State of Illinois for Maintenance of
Various State Routes within the Municipal Corporate Boundaries
4) Resolution 15 -48 (Introduced June 8, 2015)
Authorizing the Execution of a Contract with Bulk Storage, Inc. for the Public Works
Salt Dome Replacement Project
5) Resolution 15 -49 (Introduced June 8, 2015)
Authorizing the Purchase of a Used Semi Tractor from Central Illinois Truck Group, Inc.
6) Resolution 15 -50 (Introduced June 8, 2015)
Authorizing the Execution of a Contract with Perfect Cleaning Service, Inc. for Janitorial
Cleaning Services
14. Reports by Trustees (continued)
d. Trustee Ramos — Legal, Finance Department, Finance Advisory Commission, Traffic Safety
Commission, Waukegan Road TIF, Capital Projects (Trustee Thill)
1) Ordinance 15 -09 (Introduced June 8, 2015) (First Reading - Request to Waive Second)
Establishing the Prevailing Rate of Wages for Laborers Mechanics and Other Workers in
the Village Employed in Performing Construction of Public Works for the Village
2) Resolution 15 -51 (Introduced June 8, 2015)
Authorizing a Contract for a Power Supply Agreement for the Purchase of Electricity and
Other Related Services
e. Trustee Thill — Fire Department, Emergency Management Agency, RED Center, Environmental
Health, Solid Waste Agency of Northern Cook County, Appearance Commission (Trustee
Ramos)
f. Trustee Witko — IT Communications, Strategic Plan Committee, Family and Senior Services
Department, Chamber of Commerce, Advisory Commission on Aging (Trustee Grear)
15. Other Business
16. Presentation of Warrants: May 25, 2015 - $ 815,527.00
June 8, 2015 - $ 588,904.43
Total $1,404,431.43
17. Residents' Comments
18. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate
19. Adjournment - To ensure full accessibility and equalparticipation for all interested citizens, individuals with disabilities
who plan to attend and who require certain accommodations in order to observe and/or participate in this meeting, or who
have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (8471470 -5220)
promptly to allow the Village to make reasonable accommodations.
MINUTES OF THE SPECIAL/TOWN HALL MEETING
OF THE BOARD OF TRUSTEES ON MAY 69 2015
IN THE TRUSTEES' CONFERENCE ROOM
RICHARD T. FLICKINGER MUNICIPAL CENTER
6101 CAPULINA AVENUE, MORTON GROVE, ILLINOIS 60053
Mayor DiMaria called the meeting to order at 7:00 p.m. and lead the assemblage in the pledge
of allegiance. Clerk Ramos called the roll. In attendance were:
Elected Officials: Mayor Daniel DiMaria , and Trustees William Great, Sheldon Marcus,
John Pietron, John Thill, and Janine Witko and Clerk Ed Ramos
Absent: Trustee Maria Toth
Village Staff: Village Administrator, Ryan Horne, Corporation Counsel, Teresa
Hoffman Liston, Public Works Director, Andy DeMonte,
Finance Director, Remy Navarette, Community and Economic
Development Director, Nancy Radzevich, Fire Chief, Tom Friel
Also Present: William Balling, WRBLLC, Patrick Glenn, GeWalt Hamilton, Barbara
Adams, Holland & Knight,
Mayor DiMaria stated the purpose of the meeting was to provide information to the Board and
public on the Village's efforts to investigate alternative water supply options. He thanked staff
for their efforts in developing this important project. He then introduced Mr. Bill Balling, the
Village's lead consultant.
Mr. Balling introduced the Village's consulting engineer, Patrick Glenn special counsel,
Barbara Adams, the Village's team, Terry Liston, Andy DeMonte, Ryan J. Horne and Remy
Navarree, Mary Anderson from Niles and recognized Max Slanker from Skokie and
Alderman Mazzuea from Park Ridge.
Mr. Balling explained the village currently receives water from the city of Chicago. Chicago
also supplies water to over 130 suburban communities. Evanston has its own water treatment
plant and supplies water to Skokie, and the Northwest Water Commission which includes
Wheeling, Buffalo Grove, Arlington Heights and Palatine. Wilmette has a water treatment
plant and supplies water to Glenview as well as communities that buy water from the Illinois
American Water. Northbrook, Winnetka and Glencoe also have their own water treatment
plants.
Richard T. Flickinger Municipal Center
6101 Capulina Avenue a Morton Grove, Illinois 60053 -2985
Tel: (847) 965 -4100 Fax: (847) 965 -4162
Recycled Paper
The city of Chicago has a record of providing reliable good quality and inexpensive water. As
recently as in 2005, Chicago charged $1.33/1000 gallons of water. Since then, the rate has
increased by over 186% and is now $3.81/1000 gallons. The Chicago rate is expected to level
off to a range of between 2% and 5% per year. However, future Chicago rates are not based
on a formula, but determined annually by Chicago's city council. Morton Grove's contract
with Chicago ends in 2018. Niles and Park Ridge's contract with Chicago ends in 2019.
Morton Grove purchases on average 2,800,000 gallons of water per day at a cost of about $4
million dollars per year. Reducing the water rate by $1.00 /1000 gallons would result in a
savings of over $1 million per year.
In 2012, Evanston spearheaded a water supply study with participating communities which at
that time did not include the village of Morton Grove. The study found the combined water
allocation as approved by the state for Morton Grove, Niles and Park Ridge is 13,423,000
gallons of water a day. The study was updated in 2014, this time to include the village of
Morton Grove, and to consider the costs to build a water transmission main from the Evanston
treatment plant to Morton Grove, Niles and Park Ridge among others. The construction cost
used in this presentation was derived from that study. Also in 2013, Wilmette and Glenview
performed a study for a water supply alternative for Morton Grove and Niles to purchase
water from Wilmette and Glenview.
Wben considering a water supply, key factors are reliability, the wholesale rate, capital cost
and long -term stability. Currently the village has 4 potential water supply options:
1. Stay with Chicago
• Lowest Capital Cost ($0)
• Highest Operating Cost ($4.04 per 1,000 gallons)
2. Purchase water from Wilmette /Glenview (Service to Morton Grove Only)
• Modest Capital Cost ($12 million = $0.74 per 1,000 gallons)
• Reduced Operating Costs ($2.77 per 1,000 gallons)
3. Purchase water from Evanston (Service to Morton Grove & Niles)
• Highest Capital Cost ($36 million = $2.23 per 1,000 gallons)
• Low Operating Cost ($1.03 per 1,000 gallons)
4. Purchase water from Evanston (Service to Morton Grove, Niles & Park Ridge)
• Reduced Capital Cost ($25 million = $1.74 per 1,000 gallons)
• Low Operating Cost ($1.03 per 1,000 gallons)
Under the Evanston options, the cost for the transmission main is allocated between the
communities based on the distance from the treatment plant and the amount of water used.
Since Morton Grove is the closet community to the treatment facility, its costs would be
considerably less than Park Ridge, which is the farthest from the plant.
The numbers presented in the study assume the construction that would be financed over 30
years at 5 %. There's a chance lower -cost financing could be secured from the IEPA or a
federal program. These figures also assume the Chicago water rate will increase by 2% a year.
Based on those assumptions, the village could expect savings compared to Chicago over a 40
year period of almost $66 million through the Wilmette /Glenview option, $190 million from
the Evanston/Morton Grove & Niles option and $140 million from the Evanston/Morton
Grove, Nile & Park Ridge option.
Glenview offered to build infrastructure and provide financing if the village chose the
Wilmette /Glenview option. Evanston is willing to assist with financing. Both options are
based on the American Water Works Association formula for calculating future water rate
increases, which is the industry - standard, transparent, and based on actual cost to operate and
maintain components of the system plus a fixed rate of return.
The consultant team recommends the village consider one of the Evanston options. This
recommendation is based on Evanston's low operating cost. Once the construction costs are
paid (20 -30 years depending on financing), the low operating costs will remain indefinitely.
The Village's next steps include a presentation to the Niles' Village Board on May 12;
determination by all communities as to their water supply choice by July 1, 2015; and forming
a water commission and awarding a design engineering contract by the end of 2015; with
anticipated construction occurring in 2017 and 2018.
Mr. Balling then entertained questions and comments from the Board. Board members
complemented the consultant team on the presentation. Mayor DiMaria asked for questions
from the audience and there were none.
Trustee
Marcus
then moved to adjourn the town hall meeting.
The
motion was seconded by
Trustee
Pietron
and approved unanimously via a voice vote at
8:24
pm.
Minutes by: Teresa Hoffman Liston, Corporation Counsel
CALL TO ORDER
I & Village President Dan DiMaria called the meeting to order at 7:00 p.m. in the Council
11. Chambers and led the Board in the Pledge of Allegiance.
III. Village Clerk
Ed Ramos
called
the roll. Present were: Trustees Bill Grear, She] Marcus,
John Pietron,
John Thill,
Maria
Toth, and Janine Witko.
IV. EXECUTIVE SESSION
NONE
V. APPROVAL OF MINUTES
Regarding the Minutes of the April 27, 2015 Regular Board Meeting, Trustee Toth moved,
seconded by Trustee Witko, to accept the Minutes as presented. Motion passed
unanimously via voice vote.
VI. SPECIAL REPORTS
NONE
VII. PUBLIC HEARINGS
NONE
VIII. RESIDENTS' COMMENTS (Agenda Items Only)
NONE
IX.
_,,� E,,, •,,; s,� ,„ Minutes of May 11, 2015 Board Meeting
PRESIDENT'S REPORT
1. Mayor DiMaria proclaimed May 11, 2015 as "Rev. Lolly Dominski Day" in Morton Grove,
recognizing the pastor for being named the National 2015 Parish Pastor of the Year by
the Academy of Parish Clergy for best exemplifying pastoral ministry, leadership, personal
qualities, and ministry to her congregation. Rev. Dominski came to the Morton Grove
Community Church in 2009 after serving at Presbyterian Churches in Arlington Heights,
Wilmette, and Glenview.
a.
After reading the proclamation, Mayor DiMaria presented Rev. Dominski with a "Key to The
City" of Morton Grove and thanked her for her service. Rev. Dominski said that it has been a
great joy to serve in Morton Grove for the last six years. It's a wonderful community. She said
the key and the proclamation would be prominently displayed in the Community Church.
2. Mayor DiMaria then presented Resolution 15 -36, Urging All Stakeholders to Constructively
Work Together to Solve Illinois' Fiscal Crisis.
a. This resolution urges all stakeholders to work together to solve the State's financial crisis,
and asserts the Village's position that any law or policy that hurts the middle class should
be rejected as not only wrong in spirit, but wrong for local governments, businesses and tax -
payers. This resolution also urges all groups that have a role in fixing Illinois' severe fiscal
problems, including state and local elected officials, as well as representativesfrom the unions
and business community, to work constructively together and treat each other with mutual
respect.
Trustee Pietron moved to approve Resolution 15-36, seconded by Trustee Toth.
b. Mayor DiMaria asked if there was any discussion.
c. Trustee Pietron said the beauty of this resolution is the words "middle class." He noted that
history has shown that when the middle dass is strong, society and the economy do well. He
added, "This is our time to work together," and asked Mayor DiMaria to read the resolution in
its entirety for the assemblage.
d. After the mayor read the resolution, Trustee Grear said that, in his mind, this helps clarify the
Village's recently - passed Resolution 15-35. Trustee Grear said he voted for Resolution 15 -35
because it supported three key issues: it protected the Legislative Distributive Fund; it called
for no more unfunded mandates from the State; and it promoted keeping local issues "local ".
e. Mayor DiMaria asked the assemblage if anyone wanted to comment on this resolution.
f- George Vale, a 9 -year resident, said that he had been disappointed by the Board's vote to
support Resolution 15-35, but he's very pleased about this resolution. He said he was proud of
the Village for making it clear that any law hurting the middle class is not a good law, and
thanked the Board.
Mayor DiMaria caged for the vote on Resolution 15 -36.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus ave Tr. Pietron ffe
Tr. Thili ave Tr. Toth aave, Tr. Witko aye
Q '" '' °" ` °' " ' ^"" -� `' "" Minutes of May 11, 2015 Board Meeting
X. CLERK'S REPORT
Clerk Ramos presented Resolution 15 -37, Accepting the Carvass Results and
Proclamation For the April 7, 2015 Consolidated Electron.
He explained
that this
resolution accepts and
confirms the results
of the April 7, 2015
Consolidated
Election.
The Board of Election
Commissioners has
certified the following results:
For Village Trustee for three four -year terms:
Rita E. Minx: 11543 Janine Witko 1,572
John C. Thill 11616 Mark R. Albers 11216
For Village Trustee for one two-year term:
Edilberto "Ed" Ramos 11855
For Library Trustee for one six -year term:
Stephanie S. Gray 19790
Total ballots cast were 2,442.
Trustee Pietron moved to
approve
Resolution
15-37, seconded
by Trustee Grear.
Motion passed: 6 ayes,
0 nays.
Tr. Grear acre
Tr.
Marcus
ave
Tr. Pietron aye
Tr. Thill aye
Tr.
Toth
aye
Tr. Witko aye
Xl.
STAFF
REPORTS
A. Village Administrator
Village Administrator Ryan Horne reminded the Board and assemblage that the regularly
scheduled Village Board Meeting of May 25, 2015, was cancelled due to the Memorial Day
holiday.
B. Corporation Counsel:
Corporation Counsel Liston had no report.
XII. TRUSTEES' REPORTS
A. Trustee Grear:
Trustee Grear had no formal report, but wanted to recognize and applaud several members of
the Morton Grove Police Department who had participated in the 2015 'Run to Remember," in
memory of fallen officers of the Chicago Police Department. The MGPD participants were Bob
Toussaint, Mike Weitzel, Dennis Johnson, and Tom Barkei. Additionally, Bob Toussant fought
in a Police Department- sponsored charity boxing event, 'Badges versus Bad Guys."
�3, , - Minutes of May 11 2015 Board Meeting
XII. TRUSTEES' REPORTS (continued)
B. Trustee Marcus:
Trustee Marcus had no report.
C. Trustee Pietron:
Trustee Pietron had no report, but thanked Trustees Marcus and Toth, saying that he learned
a lot from both, and adding "You will be missed."
D. Trustee Thill:
Trustee Thill presented Resolution 15 -38, Authorizing the Purchase of One (1) 2016 Ford
4X4 F -250 XL Through the Suburban Purchasing Cooperative Procurement Program.
He explained that the purchase of this vehicle will replace a 1998 Chevrolet 4X4 with plow
K2500 pick -up. Money for this purchase is coming from the General Obligation Bonds, Series
2015 in the amount of $32,999.
Trustee Thill moved to approve Resolution 15:38, seconded by Trustee Pietron.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus aye Tr. Pietron aye
Tr. Thill aye Tr. Toth aye Tr. Witko aye
2. Next, Trustee Thill presented Resolution 15 -39, Authorizing the Purchase of One (1) Ford
4X4 F -350 XL Through the Suburban Purchasing Cooperative Procurement Program.
He explained that the purchase of this vehicle will replace a 2003 Ford 350 4X4 XL with plow
and utility body. Money for this purchase is coming from the General Obligation Bonds, Series
2015 in the amount of $50,702.
Trustee Thill moved to approve Resolution 15-39, seconded by Trustee Marcus.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus aye Tr. Pietron ave
Tr. Thill aye Tr. Toth aye Tr. Witko aye
E. Trustee Toth:
Trustee Toth had no report.
"'"'" Minutes ofMay`tt, 2015 Boartl Meeting`
XII. TRUSTEES' REPORTS (continued)
F. Trustee Witko:
Trustee Witko announced that the Morton Grove Garden Glob would be holding their annual
Spring Luncheon at the Chateau Ritz on Thursday, May 21 at 11:00 a.m. Tickets are $30 each
and can be purchased by calling (847) 967 -1184 or (847) 966 -0822.
XI Il. WARRANTS
Trustee Toth presented the Warrant Register for this evening in the amount of $265,998.81.
She moved to approve the Warrants as presented, seconded by Trustee Witko.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus aye Tr. Pietron aye
Tr. Thill aye Tr. Toth ave Tr. Witko avee
XIV. OTHER BUSINESS
Swearing -in of New Trustees
a. Mayor DiMaria introduced Judge Anjana Hansen from the 9'" SubCircuit and a former 91" Ward
Alderman in the City of Evanston to swear in the newly - elected and reelected Board members.
b. Judge Hansen swore in Rita Minx Ed Ramos, John Thill, and Janine Witko as the assemblage
applauded and congratulated them.
c. Mayor DiMaria noted, "It's always sad when people leave, but exciting when new people come
on."
d. Trustee Grear commented that, "We haven't agreed all the time, but we have most of the
time." He said that Trustee Toth always gives 150% to her endeavors and told Trustee Marcus
it had been an honor to work with him and Trustee Toth.
e. Trustee Pietron said he would mss sitting next to Trustee Marcus, who was always helpful,
and from whom he learned a lot. He thanked Trustees Toth and Marcus for their service.
f. Trustee Thill said it was a privilege to have served on the Board with both Trustees Toth and
Marcus and he has enjoyed their discussions and advice on the issues facing the Village. He
added that both retiring Trustees are so good at what they do, and said he hoped they would
continue to share their experience and insghts with the Village.
g. Trustee Witko said she had learned how hard it is to "put yourself out there" and thanked
Trustee Toth for doing so, and for her years of hard work for the Village.
h. Clerk Ramos said that it had been a pleasure working with Trustees Toth and Marcus. He said
they helped him a lot, and have been) kind and supportive. He wished both well.
Minutes of May 11, 2015 Board Meeting
XIV. OTHER BUSINESS (continued)
Mayor DiMaria told Trustee Marcus that he thinks of him as the "patriarch" of the Village Board,
noting that Trustee Marcus brings great wisdom to the other Board members. He wished
Trustee Marcus all the best, adding that he will now probably be able to give more time to the
B'Nai B'rith organization, and that organization will be the better for it.
Mayor DiMaria told Trustee Toth that she puts in more effort than anyone. He thanked her for
her service, saying that she made the Village Board better.
k. The mayor then presented a plaque to Trustee Marcus acknowledging his service as a Trustee
from 2007 to 2015.
Trustee Marcus said it has been an honor serving as a Trustee, noting that he has served
the Village for over 40 years in various capacities. He thanked the residents and said that
Morton Grove is a great community, a place where he has raised his family and lived for
over 40 years. He acknowledged and thanked Marilyn and Don Sneider for urging him to
get involved and for being role models... Marilyn as Village Clerk and Don as the longest -
serving Village Trustee in Morton Grove.
m. Trustee Marcus thanked the Village staff —the Police Department, Fire Department, Public
Works, and administrative staff. He said they all do an outstanding job and make the Village
Board look good.
n. Trustee Marcus thanked his colleagues, noting, as Trustee Grear had done, that "we didn't
always agree, but we did what the people elected us to do." He said the disagreements were
never personal, that he has always felt that "elections come and go, but friendships last."
o. Trustee Marcus wished the new Board members well, saying they have some serious
decisions ahead of them.
p. Lastly, Trustee Marcus thanked three people not in attendance: his parents, for the upbringing
they gave him; and his wife Carol, who has been gone for 15 years, but is with him every day
and who allowed him to devote time to the Village and other civic commitments.
q. Mayor
DiMaria presented Trustee Toth
with a plaque commemorating
her service to the Village
Board
from 2009 to 2015, and thanking
her for the time she's given to
the Village.
r. Trustee Toth thanked the mayor for the plaque. She thanked the community for allowing her
to represent their interests. Trustee Toth thanked the Village staff, department heads, and
administrative personnel for all their hard work and dedication, and said she would miss them.
She thanked her colleagues, saying that she has learned something from each of them.
Trustee Toth then wished all the best to the new Board members.
s. Trustee Minx thanked her husband for encouraging her on this journey, noting that Paul
had been there for her "through thick and thin." She thanked her children and grandchildren
for their support, commenting that "perseverance pays off." She thanked the Action Party
campaign co- chairs and volunteers for all of their positive optimism and hard work, and offered
her heartfelt thanks to her fellow candidates Trustee Minx thanked the residents for reelecting
her and said that she loves Morton Grove, and wants to make a difference for everyone. She
vowed to give 110% effort as a Village Trustee.
"' "_ • = -"' "' ` Minutes of May 11, 2015 Board Meeting
XIV. OTHER BUSINESS (continued)
Trustee Witko thanked her family, especially her father and her husband, who "picked up the
slack" with her children. She thanked her friends, the campaign co- chairs (Connie Travis, Keith
White, and Mazhar Khan) and the campaign family. Trustee Witko thanked the residents for
voting and said she "heard them" as she went door -to -door in this election. She encouraged
residents to give the Board feedback, saying that it was "vital" for the Board. Trustee Witko
said the Board recognizes that community outreach is vital and will continue their outreach
efforts. She thanked her fellow trustees and the mayor for being encouraging and motivating,
and said that she is excited for Morton Grove's future.
u. Trustee Thill thanked his wife, who kept him "grounded," and thanked everyone who helped
him get reelected. He said that, when he was first on the Board, he was thinner and had more
hair, but he's looking forward to the next four years. Trustee Thill noted that there are more
challenging issues for the Board now, issues that will affect the future of Morton Grove's
residents for years to come. He noted that "we won't always agree" but said "we promise
to listen to residents' questions, comments, and critiques." He thanked the community for
putting their faith in this new Board.
v. Trustee Ramos thanked his fellow residents, and the Action Party Board members for slating
him. He thanked his wife, Becky, and his friends and neighbors. He said that, as an immigrant
to this country, it is a tremendous honor to have been elected. Trustee Ramos assured every-
one that he will always do his best and will do what's in the best interests of Morton Grove.
w. Mayor DiMaria acknowledged that former Mayor Rick Krier and former Trustee Georgianne
Brunner were in the assemblage this evening, along with former Clerk Marilyn Sneider and
former Trustee Don Sneider.
XV. RESIDENTS' COMMENTS
NONE
XVI. ADJOURNMENT
Trustee Minx moved to adjourn the meeting, seconded by Trustee Ramos.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Minx aye Tr. Pietron aye
Tr. Ramos aye Tr. Thill aye Tr. Witko aye
The meeting adjourned at 7:49 p.m.
PASSED this 8th day of June, 2015
Trustee
Grear
Trustee
Minx
Trustee
Pietron
Trustee
Ramos
Trustee
Thill
Trustee
Witko
APPROVED by me this 8th day of June, 2015
Daniel
P. DiMaria,
Village
President
Board
of Trustees,
Morton
Grove, Illinois
APPROVED and FILED in my office this 9th day of June, 2015.
Susan Lattanzi, Deputy Village Clerk
Village of Morton Grove, Cook County, Illinois
'Minutes of May 11, -2015 Beard Meeting
Minutes by Teresa Causer
MINUTES OF THE MAY 269 20159 SPECIAL MEETING
OF THE BOARD OF TRUSTEES
RICHARD T. FLICKINGER MUNICIPAL CENTER
6101 CAPULINA AVENUE
MORTON GROVE, ILLINOIS 60053
Pursuant to proper notice in accordance with the Open Meetings Act, the special meeting was
called to order at 6:01 pm by Village President Daniel DiMaria who led the assemblage in the
pledge of allegiance. Corporation Counsel called the roll. In attendance were:
Elected Officials: Mayor Daniel DiMaria , and Trustees William Grear, Ed Ramos,
John Pietron, John Thill and Rita Minx.
Absent: Janine Witko
Village Staff: Village Administrator Pro -Tem Thomas Friel, Corporation Counsel
Teresa Hoffinan Liston
Also Present: None
Trustee Grear moved to adjourn to Executive Session to discuss personnel matters. The motion
was seconded by Trustee Minx and approved unanimously pursuant to a roll call vote at 6:03
pm.
At the conclusion of the Executive Session, Trustee Thill moved to adjourn the special meeting.
The motion was seconded by Trustee Pietron and approved unanimously via a voice vote at 6:38
pm.
Minutes by: Teresa Hoffman Liston, Corporation Counsel
Richard T. Flickinger Municipal Center
6101 Capulina Avenue
Tel: (847) 965 -4100
Morton Grove, Illinois 60053 -2985
Fax: (847) 965 -4162
To: Village President and Board of Trustees U
From: Ron Farkas, Chairperson Plan Commission
Nancy Radzevich, AICP, Community and Economic Development Director
Dominick A. Argumedo, AICP, Zoning Administrator /Land -Use Planner
Date: 3une 1, 2015
Re: Plan Commission Case PC15 -01: Morton Grove Public Library, request for a
Special Use Permit for a "Library" use, in accordance with Section 12 -4 -3 -D
(Unified Development Code, ORD, #07 -07), at 6200 Lincoln Avenue, Morton
Grove, IL, remanded to the Plan Commission by the Board of Trustees (6 -0)
April 27, 2015, recommended for approval by the Plan Commission (5 -0) May
18, 2015
Background
On February 16, 2015, the Plan Commission heard PC- 15 -01, a request from the Morton Grove
Public Library (MGPL) for a special use permit for a library use at 6200 Lincoln Avenue. The
existing main library at 6140 Lincoln Avenue recently underwent major interior renovations that
diminished space for some of their existing library services. The applicant purchased the property
at 6200 Lincoln to relocate some of those existing library services, programs, and equipment,
while the existing book and material collections will continue to be housed at the main library
(Staff report dated February 11, 2015 is attached). After presentation of the application by staff
and MGPL, public comment, and discussion, the Plan Commission unanimously recommended
denial of the application due to the absence of a traffic study done by a professional traffic
engineer.
The application along with the Plan Commission's recommendation for denial was presented to the
Village Board on Monday, April 27, 2015, Nancy Radzevich, Community and Economic
Development Director, provided an overview of PC 15 -01 and summarized the Plan Commission's
review and recommendation (Plan Commission Report dated April 22, 2015 is attached). Ms.
Radzevich specifically noted that based on the testimony provided at the Plan Commission's
February public hearing, the Commission concurred that a traffic /parking study, conducted by a
professional engineer versus library staff, should be submitted. Ms. Radzevich advised the Village
Board that following the Plan Commission public hearing, the Library had commissioned a
professional engineer for a traffic /parking study. In light of this action, staff was recommending
that the Village Board remand this case back to the Plan Commission, Trustee Thill moved to
remand PC 15 -01 back to the Plan Commission for additional consideration, which was seconded
by Trustee Toth. The motion passed 6 -0.
Revised Traffic Study
The MGPL submitted a final draft study on May 8, 2015. Staff reviewed the submitted traffic study
and determined it included the base -level of information needed for the Plan Commission to
reconsider the application. (Traffic study, prepared by Patrick Engineering Inc., dated May 2015, is
i
Board Report PC #15 -01
Morton Grove Public Library — 6200 Lincoln
June 1, 2015
attached). The study was forwarded to the Plan Commission for consideration at their regularly
scheduled May 18, 2015 date (Staff Report May 13, 2015 is attached)
May 18, 2015
At the May 18t" Plan Commission meeting, Ms. Nancy Radzevich reviewed the case history and
summarized the Plan Commission staff report dated May 13, 2015.
Commissioner Blonz asked if this should be treated as a new case. Ms. Radzevich stated the Unified
Development Code simply states that the Board may remand a case back to the Plan Commission
for additional consideration — there is no specific requirement as to the method by which the
Commission proceeds with their "additional consideration." The Chairman has the ability and the
right to allow for additional public comment. Ms. Radzevich further advised that any Commissioners
who were not in attendance at the original public hearing have the right to take part in the
discussion, as long as they believe they have reviewed the application and relevant documents
(reports, minutes, etc.) from the previous meeting.
Commissioner Blonz asked if it was fair that the Commissioners that were present at the February
16, 2015 public hearing are absent when the case has subsequently been remanded to the Plan
Commission and will be voted on in their absence. Ms. Radzevich explained a couple of options for
the Commission. As the Plan Commission has a quorum and additional information available the
Board may vote on a recommendation to the Board of Trustees. In addition, before the final vote, if
the Library would like to continue the discussion until additional members are present then it is
acceptable for them to ask for a continuance.
Chairperson Farkas asked what a potential motion would be, should the Plan Commission take
action? Ms. Radzevich stated the motion might reflect what was in the original Plan Commission
staff report, with the caveat that the newly submitted professional Traffic Study, May 2015, be
included in the referenced documents.
Ms. Debra Stombres, Library Director, provided the Commission with an overview of the project at
the main library building, which was the impetus behind them acquiring this additional building.
Ms. Strombres stated the Library lost some usable floor space with the renovations and need to
move some of their existing programs to the new 6200 Lincoln Avenue space. There would never
be any book circulation conducted there, only classes and they would continue to use the new
building for added storage.
Chairperson Farkas asked if there was any discussion.
Commissioner Gillespie asked why this wouldn't go back to the Traffic and Safety Commission. Ms.
Radzevich responded that the Traffic and Safety Commission already approved the case at their
February 5, 2015 meeting before the original application went to the Plan Commission for the
February 16, 2015 hearing. Further, their recommendation referenced comments from the Village
Engineer, who also reviewed the new traffic study.
OA
Board Report PC #15 -01
Morton Grove Public Library — 6200 Lincoln
June 1, 2015
Commissioner Blonz asked if the new building would create any more usage and get more people
to use it. Ms. Stombres stated that the number of patrons has been lower since 2012. Since the
construction started, the numbers have been down. With the reopening of the main library, they
hope to bring people back to the Library.
Commissioner Blonz noted that the contract for 30 parking spaces with St Martha's Church ends in
2017 and if this case is approved he would like to have it in writing that the special use would come
back to the Plan Commission for review if the contract was not renewed. Ms. Radzevich noted that
staff has already included a recommended condition, in the original staff report, that reflects that
requirement. Specifically, the suggested condition states that if there is any change to the number
of onsite or leased parking spaces that the Library would have to return to the Plan Commission for
an amendment and explain how the parking demand would be accommodated. Ms. Stombres also
responded that this is the second three year contract with St Martha and the Library is anticipating
that it will be renewed again.
Commissioner Gillespie asked about the signage recommendations for crosswalks and left turning
out of the alley on Georgiana to prevent potential two way traffic going down a one way street. Mr.
Argumedo stated that the Traffic Safety Commission and Village Engineers' comments cover those
recommendations.
Commissioner Blonz asked if there would be a need for more shelf space with more electronics
being used in the future. Ms. Stombres responded there is a shift in the need for electronics,
however, there are still patrons who prefer to read actually books.
Meeting — Public Comment
Farkas asked if there was anyone from the public who wanted to be heard. No one asked to speak.
Public Meeting -Board Discussion and Vote
Farkas asked if there was any further discussion. Hearing none, Farkas asked for a motion to
recommend approval of this application.
Commissioner Gillespie moved to recommend approval of Case PC 15 -01, request for a special use
for a library at 6200 Lincoln Avenue, with the following recommendations:
1. The site shall be developed and operated in accordance with the plans and supporting
documents in the application, including:
a. 6200 Lincoln Main floor, by MG Library, dated January 2015; and
b. Traffic and Parking Study for the Morton Grove Public Library 6200 Lincoln Avenue Annex,
submitted by Debra Stombres Morton Grove Public Library Director with Assistance from
Natalya Fishman and Jeffrey Ray, dated January 2015
c. Morton Grove Public Library Expansion Traffic Impact Study, prepared by Patrick
Engineering Inc. dated May 2015
3
Board Report PC #15 -01
Morton Grove Public Library — 6200 Lincoln
June 1, 2015
2. The applicant shall comply with recommendations of the Village Engineer dated February 6,
2015, in accordance with the recommendation of the Traffic Safety Commission, including:
a. Proposed pedestrian access routes should be clearly indicated on a plan drawing, any
existing locations not complying with accessibility (i.e. ADA) requirements should be
identified and will require correction as part of the development; and
b. A site plan drawing should be provided showing the locations, geometrics, layouts,
dimensions, counts, and access routes of available /proposed parking spaces included in the
study; and
c. Shrubbery in the right of way adjacent to 6200 Lincoln Avenue should be removed or lowed
to clear the sight lines between vehicles accessing the parking lot and pedestrians on the
sidewalk accessing the 6200 Lincoln Avenue building.
3. If the Library reduces the number of on -site parking spaces or the number of off -site leased
parking spaces, the Library shall file an updated parking management plan to the Director of
community Development and the Village Engineer for review and, if necessary, shall file for an
amendment to the special use permit.
Commissioner Khan seconded the motion.
Chairperson Farkas called for the vote. The motion passed unanimously. (5 -0 -2; Gabriel, Shimanski
absent).
td
To: Village President and Board of Trustees U v
From: Ron Farkas, Plan Commission
Nancy Radzevich, AICP, Community and Economic Development Director
Dominick A. Argumedo, AICP, Zoning Administrator /Land -Use Planner
Date: May 31, 2015
Re: Plan Commission Case PC15 -03: Application for a Text Amendment to
Chapter 16 of Title 12 of the Village of Morton Grove Municipal Code (Ord.
#07 -07) to Establish a Time Limit for the Validity of Variations Granted by
Zoning Board of Appeals
Commission Report
Public Hearing Notice
The Village provided Public Notice for the May 18, 2015 Plan Commission public hearing for PC 15-
02 in accordance with the Unified Development Code, The Pioneer Press published the public
notice on April 30, 2015. As this request is for a text amendment, not a request for a specific site,
no public notice signs or notification letters were required.
Amendment Background
The Village of Morton Grove municipal code (Title 1, Chapter 4), establishes the Zoning Board of
Appeals with powers and-duties which include hearing and deciding variations, from the Unified
Development Code (Title 12). Specifically, Chapter 16 of Title 12 authorizes the Zoning Board of
Appeals (ZBA) to grant variations to Chapters 2, 3, and 4 of the Unified Development Code
(Section 12- 16-3), "...except as otherwise indicated in this title [title 12], and except for those
regulations regarding permitted, special and prohibited uses in all districts..." In addition, the ZBA
has the authority to review and decide on variations to the number of required parking spaces for
specific uses at specific locations, on a case by case basis (Section 12- 7- 3 -.K). The municipal code
does not, however, include a time limit by which the applicant must exercise the granted
variation. Based upon the codified standards the ZBA utilizes to make determinations (Section 12-
16-3:A.2.), the lack of a time limit on a variation's validity may result in future development that
contradicts the ZBA's initial approval.
The ZBA grants an . authorized variation from the Unified Development Code based upon the
following four standards:
a. Not Self- Imposed: The alleged difficulty or hardship is caused by this title and has not
been created by any persons presently having an interest in the subject property.
b. Nonmonetary Considerations: The circumstances or conditions are such that the strict
application of the provisions of this tide would deprive the applicant of a reasonable use of
his land. Mere loss in value shall not justify a variation.
Board Report- May 31, 2015
PC #15 -03: Variance Text Amendment
c. Not Detrimental to Public Welfare: The granting of any variation is in harmony with the
general purposes and intent of this title and will not be detrimental to the public welfare or
to other property or improvements in the neighborhood.
d. Not Detrimental to Neighborhood: The proposed variation will not impair an adequate
supply of light and air to adjacent property, substantially increase congestion in the
streets, increase the potential damage of fire, endanger the public safety, or alter the
character of the neighborhood.
It is standards c. and d, where the absence of a timeframe for the validity of a variance could
ultimately end up in having an adverse impact. These two standards specifically address the
potential impact that the proposed variation could have on the overall neighborhood and adjacent
properties. Over the course of time, conditions on the subject property, within the neighborhood
and /or on abutting properties could change, whereas the proposed variation could change and
exaggerate potential adverse impacts. Further, in addition to changes in development patterns,
there also may be additional changes to the bulk and massing requirements in Unified
Development Code, which in turn could change the evaluation of potential impacts.
Proposed Amendment
Staff proposed the following Amendment to Section 12- 16 -3 -B of the Unified Development Code:
1246 -3: PROCEDURE FOR ZONING BOARD OF APPEALS
B. Authorized variations: The zoning board of appeals shall publicly hear and have
the authority to vary the zoning regulations set forth in chapters 2, 3, and 4 of this
title, except as otherwise indicated in this title, and except for those regulations
regarding permitted, special and prohibited uses in all districts. An authorized
variation shall be valid for a Period of no longer than one !S I year from
the date of issue unless a building Permit is issued and consbrtcbon is
actually begun within that period and is thereafter actively Pursued to
completion.
In reviewing municipal codes for other area communities, staff found that established timelines for
owners to execute work associated with an approved variation is common. The neighboring
communities of Evanston, Park Ridge, Niles, and Skokie all have time limits for the validity of
variations. This proposed amendment would be consistent with timeframes included in codes for
other surrounding municipalities
In addition, the municipal code currently has established timeframes for the validity of appearance
certificates granted by the Appearance Review Commission and special use permits authorized by
the Board of Trustees. Per Section 12- 16- 2:C.6., appearance certificates are valid for one (1) year
after the date of granting by the Appearance Commission and if construction has not commenced
within that twelve month period, the appearance certificate shall become null and void, unless the
commission grants an extension of time. For Special Use Permits (Section l2- 16- 4:C.6.c.), the
permit is similarly only valid for one from the date of issuances, unless a building permit has been
issued and construction has begun within that twelve month timeframe. Further the code states
that in order for the special use permit to remain valid, after construction begins it must be
R
Board Report- May 31, 2015
PC #15 -03: Variance Text Amendment
"...actively pursued to completion or a certificated of occupancy is obtained and a use commenced
within that period."
This proposed amendment would bring the village's variance procedure and timeframes in line
with the current timeframes for execution of special use permits and appearance certificates.
May 18, 2015 Public Hearing
Mr. Argumedo introduced the case and summarized the Plan Commission staff report dated May
11, 2015 into the public record.
Chairperson Farkas asked if there were any questions to staff.
Commissioner Blonz asked if a provision could be added to the proposed amendment that the
Zoning Board of Appeals could grant an extension of time to a previously granted variance before
the one (1) year limit. Ms. Radzevich stated that there would be no reason why this could not be
added to this provision. Chairperson Farkas asked if there would have to be a definite procedure
for this. Blonz said he is suggesting just adding that additional provision and that he believes the
procedure would be the same as any other.
Public Hearing — Public Comment
Chairperson Farkas asked if anyone was present that wanted to be heard on this case. No one
asked to speak.
Public Hearing —Board Discussion and Vote
Commissioner Blonz moved to approve Case PC 15 -03 with the following recommendations:
Plan Commission recommends approval of Case #PC 15 -03 for a Text Amendment to the Unified
Development code (Ordinance #07 -07) to establish a time limit for the validity of variations
granted by the Zoning Board of Appeals and to specifically add the following language to Section
12- 16 -3:B.: 'An authorized variatinn chn/I h� ..fti ;.i a._ _ __
mom
momm
Commissioner Gillespie seconded the motion.
Chairperson Farkas called for the vote. The motion passed unanimously (5 -0 -2; Gabriel and
Shimanski absent).
Trustee Liaison and Committee Assignments
June 8, 2015
a. Trustee Grear — Police Department, Community and Economic Development Department, Fire
and Police Commission, Police Facility Committee, NIPSTA, Lehigh/Ferris TIT, Prairie View TIF
('Trustee Witko)
b. Trustee Minx — Natural Resource Commission, Plan Commission/Zoning Board of Appeals,
Building Department (Trustee Pietron)
c. Trustee Pietron — Public Works Department, Condominium Association, Economic Development
Commission, Dempster Street Corridor Plan (Trustee Minx)
d. Trustee Ramos — Legal, Finance Department, Finance Advisory Commission, Traffic Safety
Commission, Waukegan Road TIP, Capital Projects (Trustee Thill)
e. Trustee Thill — Fire Department, Emergency Management Agency, RED Center, Environmental
Health, Solid Waste Agency of Northern Cook county, Appearance Commission (Trustee Ramos)
£ Trustee Witko — IT Communications, Strategic Plan Committee, Family and Senior Services
Department, Chamber of Commerce, Advisory Commission on Aging ('Trustee Grear)
LeEislative Summary
Resolution 15 -40
AUTHORIZING THE APPOINTMENT OF A DELEGATE AND ALTERNATE DELEGATE TO THE
INTERGOVERNMENTAL RISK MANAGEMENT AGENCY
Introduced:
Synopsis:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
First Reading:
Special Considerations or
Requirements:
June 8, 2015
To authorize the appointment of a delegate and alternate delegate to the
Intergovernmental Risk Management Agency (IRMA).
IRMA requires the Village adopt a resolution to designate its representatives
to this Agency.
The Village is a member of the Intergovernmental Risk Management Agency
(IRMA). Delegates are needed to represent the Village in IRMA matters.
This resolution designates the Finance Director and the Risk Manager and
Purchasing Agent as Village representatives.
Administration and Finance Department.
Not applicable.
Not applicable.
Participation in IRMA is performed by the Finance Department as par[ of
their normal work activities.
Approval as presented.
Not required.
None.
Prepared and Respectfully Submitted by:
Teresa Ho a iston, Corporation Counsel
RESOLUTION 15 -40
AUTHORIZING THE APPOINTMENT OF A DELEGATE AND ALTERNATE DELEGATE TO THE
INTERGOVERNMENTAL RISK MANAGEMENT AGENCY
WHEREAS, the Village of Morton Grove adopted the contract and by -laws of the Intergovernmental
Risk Management Agency by ordinance and thereby became a member of said cooperative; and
WHEREAS, said contract provides that member units of local government shall, by majority vote of its
corporate authorities, select one (1) person to represent that body on the Board of Directors of said
Intergovernmental Agency.
NOW, THEREFORE, BE IT RESOLVED by the Village of Morton Grove, Illinois that Remy
Navarrete, Finance Director /Treasurer of the Village of Morton Grove is hereby appointed to represent the
Village of Morton Grove on the Board of Directors of said Intergovernmental Risk Management Agency
commencing on June 9, 2015.
BE IT FURTHER RESOLVED that Peter Falcone, Risk Manager and Purchasing Agent, of the Village
of Morton Grove is hereby selected as the alternative representative to serve if Remy Navarrete is unable to
carry out her aforesaid duties as the representative of the Village of Morton Grove to said Intergovernmental
Agency.
ADOPTED by the Board of Trustees of the Village of Morton Grove, Illinois on this 8th day of June
2015.
PASSED THIS 8`h DAY of JUNE 2015
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Minx
Pietron
Ramos
Thill
Witko
APPROVED BY ME THIS 8`h DAY of JUNE 2015
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 9'h DAY of JUNE 2015
Susan Lattanzi, Deputy Village Clerk
Village of Morton Grove
Cook County, Illinois
Leeislative Summary
ORDINANCE
AMENDING TITLE 6, CHAPTER 7 OF THE MUNICIPAL CODE
ENTITLED "ITEMS DESIGNED OR MARKETED FOR USE WITH ILLEGAL CANNABIS OR
DRUGS" AND TITLE i, CHAPTER 4 ENTITLED
"MONETARY PENALTIES AND FINES FOR SPECIFIC VIOLATIONS AND OFFENSES"
Introduced
June 8, 2015
Synopsis
This Ordinance will amend Title 6, Chapter 7 to the Municipal Code and will also
add monetary penalties for violations associated with illegal cannabis and drugs.
Purpose
To allow for local ordinance prosecution relating to the possession of small amounts
of illegal cannabis.
Background:
Village staff periodically reviews Village codes and ordinances to ensure they are in
compliance with state statute and current practices. A significant number of court
prosecutions for the offense of possessing a small amount of illegal cannabis are
often dismissed resulting in limited to no deterrent effect and consuming police and
prosecutor resources. This ordinance will allow for the prosecution of possession of
small amounts of illegal cannabis as a local ordinance violation resulting in fines
between $100 to $750 and will authorize the local adjudication hearing officer to
require offenders to perform community service and/or attend drug education
training as part of said penalty.
Programs, Departments
Police enforcement practices
or Groups Affected
Fiscal Impact:
Not applicable.
Source of Funds:
Not applicable.
Workload Impact:
The implementation of this ordinance will be performed by the Police Department,
Administration and Legal Departments as part of their normal workload.
Administrator
Approval as presented.
Recommendation:
Second Reading:
Required — Code Amendment
Special Considerations or
None
Requirements:
Administrator Approval Reviewed by:
T Friel, Vi la dministrator Pro Tem "Michael SimoIli of Police
Prepared by: A<OL
Teresa HotAMiston, Corporation Counsel
ORDINANCE 15 -10
UPDATING TITLE 6, CHAPTER 7 OF THE MUNICIPAL CODE
ENTITLED "ITEMS DESIGNED OR MARKETED FOR USE WITH ILLEGAL
CANNABIS OR DRUGS" AND TITLE 1, CHAPTER 4 ENTITLED "MONETARY
PENALTIES AND FINES FOR SPECIFIC VIOLATIONS AND OFFENSES"
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois is a
home rule unit of government under the provisions of Article 7 of the Constitution of the State of
Illinois, can exercise any power and perform any function pertaining to its government affairs,
including but not limited to the power to tax and incur debt; and
WHEREAS, the Village has a policy of regularly reviewing and revising its Municipal
Code, as necessary, to insure the provisions of the Code remain compliant with contemporary
statutes and relevant to the current operations and requirements within the Village; and
WHEREAS, a significant number of court prosecutions for the offense of possessing a
small amount of illegal cannabis are dismissed and therefore have a limited deterrent effect, in
addition to consuming police and prosecutor resources without a corresponding public benefit;
and
WHEREAS, the option to prosecute such offenses as a local ordinance violation in
situations not involving aggravating factors will free up police resources and may result in a
more deterrent effect; and
WHEREAS, staff has reviewed and is suggesting Title 6, Chapter 7 currently entitled
Items Designed or Marketed for Use with Illegal Cannabis or Drugs be updated with a new Title
6, Chapter 7 to be entitled Cannabis and Drug Paraphernalia which will better serve the Village;
and
WHEREAS, Title 1, Chapter 4 be updated to include monetary penalties for violations
relative to the above mentioned chapter for offenses referenced therein; and
WHEREAS, the proposed amendment is in the Village's best interest.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing
WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the
findings as hereinabove set forth.
SECTION 2: Title 6, Chapter 7, entitled Items Designed or Marketed for Use with
Illegal Cannabis or Drugs is hereby repealed and a new Title 6, Chapter 7 entitled Cannabis and
Drug Paraphernalia will be added to read as follows:
Chapter 7
CANNABIS AND DRUG PARAPHERNALIA
SECTION:
6 -7
-1:
Possession of Cannabis or Cannabis
Infused Products
6 -7
-2:
Items Designed or Marketed for Use
with Illegal Cannabis or Drugs
6 -7 -1: POSSESSION OF CANNABIS OR CANNABIS INFUSED PRODUCTS:
A. Definitions:
1. As used in this section, cannabis shall have the same meaning as defined in
the Illinois Cannabis Control Act, 720 ILCS 550/3, as may be amended.
2. As used in this section, cannabis infused products means food, oils,
ointments, or other products containing usable cannabis that are not
smoked.
3. Usable cannabis is defined as the seeds, leaves, buds, and flowers of the
cannabis plant, but not the stalks and roots of the plant.
B. Possession:
1. It shall be a violation of this section for any person to knowingly grow, possess,
sell, give away, barter, exchange, distribute, or administer up to thirty (30) grams
of any substance containing cannabis except as specifically permitted by Illinois
law.
2. It shall be a violation of this section for any person to produce, possess, sell, give
away, barter, exchange, distribute, or administer any cannabis infused products
containing up to thirty (30) grams of usable cannabis except as specifically
permitted by Illinois law.
C. Minors: It shall be unlawful to sell or give items containing up to thirty (30) grams of
cannabis as defined in 720 ILCS 550/3 to any minor under twenty -one (21) years of age.
D. Responsibility of Owner or Occupant: It shall be a violation of this section if any person
who has ownership or control of any motor vehicle, watercraft, room, dwelling, shed,
garage, yard, or other area to knowingly permit one or more persons under twenty -one
years of age (21) to assemble or be assembled in these defined areas while said persons
are in possession of any cannabis or cannabis infused products.
6 -7 -2: ITEMS DESIGNED OR MARKETED FOR USE WITH ILLEGAL
CANNABIS OR DRUGS:
A. License Required: It shall be unlawful for any person or persons as principal, clerk,
agent, or servant to sell any items, effect, paraphernalia, accessory, or thing which is
designed or marketed for use with illegal cannabis or drugs, as defined by the Illinois
Compiled Statutes, without obtaining a license therefore. Such licenses shall be in
addition to any or all other licenses held by the applicant.
B. Application: Application to sell any item, effect, paraphernalia, accessory or thing which
is designed or marketed for use with illegal cannabis or drugs shall, in addition to any
other requirements of this Village, be accompanied by affidavits by the applicant and
each and every employee authorized to sell such items that such person has never been
convicted of a drug related offense.
C. Minors: It shall be unlawful to sell or give items as described in subsection A of this
section in any form to any male or female child under eighteen (18) years of age.
D. Records: Every licensee must keep a record of every item, effect, paraphernalia,
accessory or thing which is designed or marketed for use with illegal cannabis or drugs
which is sold and this record shall be open to the inspection of any peace officer or code
enforcement officer at any time during the hours of business. Such record shall contain
the name and address of the purchaser, the name and quantity of the product, the date and
time of the sale, and the licensee or agent of the licensee's signature. Such records shall
be retained for not less than two (2) years.
E. Regulations: The applicant shall comply with all applicable regulations of the police
department.
F. Penalty: In addition to any other penalties contained in this code for violation of this
section, conviction of a violation of the section by any person, firm or corporation
holding a business license in the Village or by any agent or employee of such license
holder, shall result in the revocation of such business license and shall be deemed cause
for failure of the Village to renew said business license. (Ord. 82 -10, 3 -22 -1982; Ord 13-
16, 11- 11 -13)
SECTION 3: Title 1, Chapter 4, entitled Monetary Penalties and Fines for Specific
Violations and Offenses is hereby updated to include monetary penalties for violations relative to
cannabis and drug paraphernalia which shall read as follows:
1 -4 -2: MONETARY PENALTIES AND FINES FOR SPECIFIC VIOLATIONS
AND OFFENSES: The minimum and maximum monetary penalty for violations
of the following Code sections, or offenses referenced therein shall be as follows:
Code Section
Description of Violation
Penalty
4 -3 -14F
Failure to post surgeon general warning sign
$20.00 - $100.00
4- 3 -20C9a
Finding of guilty by local liquor control
$25.00 - $1,000.00 and/or
commission - first violation
suspension and revocation of
licenses and payment of fees
and costs
4- 3 -20C9a
Finding of guilty by local liquor control
$50.00 - $2,500.00 and/or
commission - second violation
suspension and revocation of
licenses and payment of fees
and costs
4- 3 -20C9a
Finding of guilty by local liquor control
$75.00 - $5,000.00 and /or
commission - third violation
suspension and revocation of
licenses and payment of fees
and costs
4 -3 -21C
Sale of alcohol without license - first violation
$100.00 - $100.00
4 -3 -21C
Sale of alcohol without license - second
$250.00 - $1,500.00
violation
4 -3 -21C
Sale of alcohol without license - third violation
$500.00 - $25500.00
4-3-21D
False statement in attempt to obtain liquor
$75.00 - $500.00
license - first violation
4 -3 -21D
False statement in attempt to obtain liquor
$250.00 - $1,500.00
license - second violation
4 -3 -21D
False statement in attempt to obtain liquor
$500.00 - $2,500.00
license - third violation
4 -3 -21E
Underage purchase, etc., of alcohol
$75.00 - $1,000.00
4 -3 -21F
All other violations of liquor control act by
$100.00 - $5,000.00
nonlicensee
4 -3 -21G
All other violations of liquor control act by
$100.00 - $19000.00
licensee - first violation
4 -3 -21G
All other violations of liquor control act by
$150.00-$1,500.00
licensee - second violation
4 -3 -21G
All other violations of liquor control act by
$500.00 - $25500.00
licensee - third and subsequent violations
4 -5A -9A
Violations of tobacco dealers - first violation
$200.00 - $750.00
4 -5A -9B
Violations of tobacco dealers - second violation
$350.00 - $1,000.00 and/or 1
to 10 day suspension
4 -5A -9C
Violations of tobacco dealers - third and
$500.00 - $2,500.00 and/or 10
subsequent violations
to 60 day suspension
4 -5A -9
Sale of tobacco without a license
$500.00 - $2,500.00
4 -15 -3
Violations of garage and yard sales
$20.00 - $750.00
5 -1 -313
Motor vehicle immobilization, towing and
$100.00
impoundment fees
5 -1 -3E
_ _
Administrative fees related to immobilization,
$500.00
towing, and impoundment
5 -2A -8
Violations of automated traffic law enforcement
$100.00 paid within 30 days;
system
$200.00 paid after 30 days
5- 4 -10 -ID
Violations of motor driven scooter - first
$50.00 - $100.00
violation
5- 4 -10 -ID
Violations of motor driven scooter - second
$100.00 - $750.00
violation
5 -4 -16
Violations of railroad crossing regulations
$250.00 - $750.00
5 -4 -18D
Driving while under the influence of alcohol,
$250.00 - $2,500.00
other drug, or combination thereof
5 -4 -19
Violations suitable for enforcement by
$50.00 - $750.00
compliance citation
5 -8 -713
Violations of weight restrictions measured by
weight:
5 -8 -713
Up to and including 2,000 pounds overweight
$100.00
5 -8 -7B
From 2,001 through 2,500 pounds overweight
$270.00
5 -8 -713
From 2,501 through 3,000 pounds
overweight
$330.00
5 -8 -713
From 3,001 through 3,500 pounds
overweight
$520.00
5 -8 -713
From 3,501 through 4,000 pounds
overweight
$600.00
5 -8 -713
From 4,001 through 4,500 pounds
overweight
$850.00
5 -8 -713
From 4,501 through 5,000 pounds
overweight
$950.00
5 -8 -713
From 5,001 or more pounds overweight
Fine shall be computed by
assessing $1,500.00 for the
first 5,000 pounds
overweight; $150.00 for each
additional increment of 500
pounds overweight or fraction
thereof
5 -8 -7C
Violations of weight restrictions measured
by
license plate designation:
5 -8 -7C
H license plate designation
$250.00
5 -8 -7C
J license plate designation
$500.00
5 -8 -7C
K license plate designation
$12000.00
5 -8 -7C
L license plate designation
$15500.00
5 -8 -7C
N license plate designation
$1,750.00
5 -8 -7C
P license plate designation
$200.00
5 -8 -7C
Q license plate designation
$2,250.00
5 -8 -7C
R license plate designation
$2,500.00
5 -8 -7C
S license plate designation
$2,750.00
5 -8 -7C
T license plate designation
$3,000.00
5 -8 -7C
V license plate designation
$3,250.00
5 -8 -7C
X license plate designation
$3,500.00
5 -8 -7C
Z license plate designation
$3,750.00
5 -8 -7C AP license plate designation $3,750.00
5 -9 -1A Violations of prohibited parking $30.00 - $750.00
5 -9 -1B Violations of prohibited parking $30.00 - $750.00
5 -9 -1C Violations related to parking in, by or near fire $100.00 - $750.00
hydrants, designated fire lanes, and fire
department stations
5 -9 -2
Violations of restricted time parking
$30.00
- $750.00
5 -9 -3
Violations of commercial and recreational
$30.00
- $750.00
parking
5 -9 -4
Violations of restricted parking areas
$30.00
- $750.00
5 -9 -5
Violations of parking restrictions, limitations
$30.00
- $750.00
5 -9 -6
Violations of loading zones
$30.00
- $750.00
5 -9 -7
Violations of parking provisions for persons
$250.00 - $750.00
with disabilities
5 -9 -9
Violations of municipal parking zones
$20.00
- $750.00
5 -9 -10
Violations of electronic fare collection devices
$20.00
- $750.00
5 -12 -5
Violation of snow removal section 5 -12 -1 of this
$30.00
- $750.00
code
5 -12 -5
Violation of snow removal section 5 -12 -4 of this
$30.00
- $750.00
code
5 -13F -1
Violations of no parking streets
$30.00
- $750.00
5 -13F -2
Violations of no parking during certain hours
$30.00
- $750.00
5 -13F -3
Violations of time limit parking zones
$30.00
- $750.00
5 -13F -4
Violations of restricted parking streets
$30.00
- $750.00
5 -13G -1
Violations of snow route streets
$30.00
- $750.00
5 -13L -1
Violations of no truck parking
$30.00
- $750.00
5 -13L -2
Violations of no commercial vehicle parking
$30.00
- $750.00
5 -13M -1
Violations of parking zones for buses
$30.00 - $750.00
6 -1 -2U
Prohibition of theft
$100.00 - $750.00
6 -1 -3C
Prohibition of vandalism, trespass or misuse of
$30.00 - $750.00 plus
private property; parental responsibility
restitution
established
6 -3 -1A
Use, possession or providing prohibited smoking
$100.00
paraphernalia - first violation
6 -3 -1A
Use, possession or providing prohibited smoking
$150.00 - $750.00
paraphernalia - second violation
6 -4 -6K
Cause, permit, operate, or conduct combat
$10,000.00 - $25,000.00
between animals, or animals and humans
6 -4 -8M
Additional fine if in noncompliance of vicious
$150.00 - $750.00
animals
6 -4 -16
Violations of animal control - first violation
$150.00 - $750.00
64-16
Violations of animal control - second violation
$150.00 - $750.00
6 -4 -16
Violations of animal control - third violation
$150.00 - $750.00
6 -7 -1*
Possession Cannabis —.1 grams -9.9 grams
$100.00 - $750.00
6 -7 -1*
Possession Cannabis -10 grams -19.9 grams
$300,00 - $750000
6 -7 -1 *
Possession Cannabis -20 grams -29.9 grams
$500.00 - $750.00
6 -7 -1 *
Providing Cannabis to Minors
$750.00
6 -7 -1*
Possession Cannabis
In addition or alternative to
any monetary penalty, a
violator of this section may
be required to perform
community service or attend
drug education training.
6 -7 -1*
Owner Responsibility
$300 - $750.00
7 -4 -7F
Violations of sprinkler regulations- first
$25.00
violation
7 -4 -7F
Violations of sprinkler regulations - second
$100.00
violation
7 -4 -7F Violations of sprinkler regulations - third $150.00
:
violation
8 -6 -213 Violations of detergent restrictions - first $75.00 - $750.00
violation
8 -6 -213 Violations of detergent restrictions - second and
subsequent violations
8 -94A Violations of smoke free Morton Grove
ordinance
8 -9 -413 Violations of smoke free Morton Grove
ordinance (business) - first violation
8 -9 -413 Violations of smoke free Morton Grove
ordinance (business) - second violation
8 -9 -413 Violations of smoke free Morton Grove
ordinance (business) - third violation
$250.00 - $27500.00
$75.00 - $750.00 or penalty
provided in 410 Illinois
Compiled Statutes 82/1
whichever is greater
$100.00 - $500.00 or penalty
provided in 410 Illinois
Compiled Statutes 82/1
whichever is greater
$200.00 - $750.00 or penalty
provided in 410 Illinois
Compiled Statutes 82/1
whichever is greater
$500.00 - $2,500.00 or
penalty provided in 410
Illinois Compiled Statutes
82/1 whichever is greater
8 -10 -6
Violations
of local emergency energy plan
$2,500.00
- $10,000.00
10 -13 -7
Violations
of fair housing
$15000.00
- $5,000.00
12 -14 -16
Violations
of flood damage prevention
$75.00
- $1,000.00
(Ord. 11 -16, 6 -13 -2011)
SECTION 3: The terms and conditions of this ordinance shall be severable and if any
section, term, provision, or condition is found to be invalid or unenforceable by any reason by a
court of competent jurisdiction, the remaining sections, terms, provisions, and conditions, shall
remain in full force and effect.
SECTION 4: In the event this ordinance or any Code amendment herein is in conflict
with any statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall
be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the
extent of such conflict. Except as amended in this ordinance, all chapters and sections of the
Village of Morton Grove Village Code are hereby restated, readopted, and shall remain in full
force and effect.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form according to law.
PASSED this 22 "d day of June 2015.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Minx
Pietron
Ramos
Thill
Witko
APPROVED by me this 22 "d day of June 2015.
ATTESTED and FILED in my office
this 23`d day of June 2015.
Village Clerk
Village of Morton Grove
Cook County, Illinois
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
Legislative Summary
Ordinance 15 -06
APPROVING A SPECIAL USE PERMIT FOR A LIBRARY USE AT 6200 LINCOLN AVENUE,
MORTON GROVE, IL 60053
Introduction:
Synopsis:
Purpose:
Background:
Programs, Departs
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recommend:
Second Reading:
Special Consider or
Requirements:
Submitted by:
Tom
Prepared by:
June 8, 2015
This ordinance will approve a special use permit, with conditions, for a library use at 6200 Lincoln Avenue
to supplement the Morton Grove Public Library's main facility at 6140 Lincoln Avenue.
Approval of a special use permit to allow for a library use at 6200 Lincoln Avenue for the Morton Grove
Public Library.
The Morton Grove Public Library ( "Library") owns and operates the Village's 30,600 square foot public
library at 6140 Lincoln Avenue. The existing library building recently underwent major interior renovations,
including installation of ADA- compliant ramps, widening of aisles for increased accessibility, and creation
of dedicated study rooms and a quiet reading area. With these changes, interior space for existing book and
material collections, computer stations, etc. was diminished. The applicant purchased the property at 6200
Lincoln as an extension of their existing library. The 6,336 sq. ft., two -story building is located at the
northwest comer of Lincoln and Georgiana Avenues, just west of the current library facility. The Library
purchased the new building to relocate some existing library services, equipment and storage materials,
which could no longer be accommodated in the existing building, after the renovations. Overall the
expanded library campus will have thirty-one (3 1) on -site parking spaces: twenty -five (25) at 6140 Lincoln
and six (6) at the 6200 Lincoln site. In addition, the Library currently has an agreement with St. Martha's
Church to lease 30 parking spaces. The case was reviewed by the Traffic Safety Commission at their
February 5, 2015, meeting, and recommended for approval in accordance with the Village Engineer's
recommendations and was heard before the Plan Commission on February 16, 2015. Based on the
testimony presented at the public hearing, the Plan Commission recommended denial, due to the absence of
a professional traffic /parking study. On April 27, 2015, the Board voted to remand this case back to the
Plan Commission for additional consideration, based on the applicant's commitment to hire a professional
engineer to complete the required traffic /parking study. The Morton Grove Public Library Expansion
Traffic Impact Study, dated May 2015, prepared by Patrick Engineering Inc., included a review of the
existing and proposed parking and traffic conditions. Based on this information, Patrick Engineering
determined the expansion of the library to 6200 Lincoln would minimally impact existing parking and
traffic conditions. The Plan Commission reconsidered the application, with the professional traffic /parking
study, at their May 18, 2015, meeting. After reviewing the application; the professional parking/traffic
study; the applicant, staff and public testimony from both meetings; and the Traffic Safety Commission's
recommendation; the Plan Commission voted unanimously (5 -0 -2; Gabriel, Shimanski absent) to
recommend approval of this application with conditions.
Community and Economic Development
N/A
N/A
Community and Economic Development in the normal course of business.
Approve as Presented
June 22, 2015, required
�-L Reviewed by
Village A n irjstrator ro -Tgm Teresa Hoffman Liston, Corporation Counsel
Development Director
ORDINANCE 15 -06
APPROVING A SPECIAL USE PERMIT FOR A LIBRARY USE AT 6200 LINCOLN
AVENUE, MORTON GROVE, IL 60053
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, can exercise any power and perform any function pertaining to its government affairs,
including but not limited to the power to tax and incur debt; and
WHEREAS, the Morton Grove Public Library at 6140 Lincoln Avenue recently underwent
extensive interior renovations that included installing ADA- compliant ramps, widening aisles for
increased accessibility, and adding dedicated study rooms and a quiet reading area that diminished,
interior space for existing book and material collections, computer stations, etc., and
WHEREAS, in order to maintain the same level of service and programs, the applicant
purchased the property at 6200 Lincoln as an extension of their existing library to relocate some
existing library services and equipment to the new facility due to the space limitations resulting from
the improvements made to the existing library; and
WHEREAS, the property is located in the CR Commercial/Residential District; and
WHEREAS, Section 12 -4 -3 -D of the Village of Morton Grove Unified Development Code
allows a library use to be located in the CR Commercial/Residential District pursuant to a special use
permit; and
WHEREAS, the applicant, Ms. Debra Stombres, Director of the Morton Grove Public Library,
6140 Lincoln Avenue, Morton Grove, Illinois 60053, has made a proper application to the Plan
Commission in the Village of Morton Grove under case number PC15 -01 requesting the approval of a
special use permit to operate a library use at the property commonly known as 6200 Lincoln Avenue,
Morton Grove, Illinois 60053; and
WHEREAS, with their application, the Morton Grove Public Library submitted a traffic study
dated January 2015 completed by Library staff, and
WHEREAS, at their February 6, 2015 meeting, the Traffic Safety Commission reviewed the
application and recommended approval of the project subject to the condition the final project should
conform to the Village Engineers' comments, dated February 6, 2015, which included
recommendations that appropriate signage for pedestrian access from the main library to the annex at
6200 Lincoln Avenue be installed, shrubbery located in the right -of -way adjacent to 6200 Lincoln shall
be removed to clear sight lines, and other similar conditions to improve vehicular and pedestrian access
and safety between these two structures; and
WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice
duly published in the Pioneer Press, a newspaper of general circulation in the Village of Morton Grove
which publication took place on January 29, 2015, and pursuant to the posting of a sign on the property
and written notification sent to property owners within 250 feet of the subject property as required by
ordinance, the Morton Grove Plan Commission held a public hearing relative to the above referenced
case on February 16, 2015;and
WHEREAS, at the public hearing, the applicant advised the Plan Commission that due to the
renovations at the existing facility, the Library proposes to transfer existing programs and services to
the new facility from the existing library, but was not planning a significant expansion of such
services; and
WHEREAS, after hearing the applicant's, staff and public testimony, the Plan Commission
determined that because of the potential changes in parking and pedestrian and vehicular traffic
patterns, as a result of the Library's expansion of their facilities, there was a need for a formal traffic
and parking study, done by a professional engineer, and in the absence of such a report, the
Commission recommended denial of the application; and
WHEREAS, at the April 27, 2015 Village Board meeting, after reviewing the report from the
Plan Commission and the presentation from the Director of Community and Economic Development,
the Board remanded the special use application back to the Plan Commission for additional
consideration, based on the applicant's commitment to engage a professional engineer to complete a
formal traffic and parking study; and
WHEREAS, at the May 18, 2015 Plan Commission meeting, the Commission reconsidered the
application, with the addition of a professional traffic study completed by Patrick Engineering Inc.,
dated May 2015, and at which time all concerned parties, including any members of the public who
were present, were given the opportunity to present information and express their views for additional
consideration by the Plan Commission; and
WHEREAS, per the submitted application and parking and traffic studies, the Library has 25
off - street parking spaces on the existing property (6140 Lincoln), a lease agreement with St. Martha's
Church for the use of 30 parking spaces at their facility directly to the north (8523 Georgiana Avenue),
and six (6) parking spaces, four (4) for library patrons and two (2) indoor parking spaces for staff, at
their new facility (6200 Lincoln Avenue) for a total of 61 parking spaces for the combined, expanded
library; and
WHEREAS, Patrick Engineering, Inc., as part of their work on the Morton Grove Public
Library Expansion Traffic Impact Study, reviewed the anticipated parking demand against the
available parking and determined the expansions of the Library to the 6200 Lincoln location would
have minimal impact related to parking; and
WHEREAS, Patrick Engineering Inc. also reviewed existing traffic patterns and potential
changes to the traffic patterns, based on the Library's expansion to the 6200 Lincoln site, and
determined the traffic impacts associated with their proposed expansion are anticipated to be minimal
and
WHEREAS, the Morton Grove Public Library provides an overall public benefit as a resource
where residents and visitors can be educated, do research, or participate in programs that enhance their
business and personal lives and the improvements to the existing facility and expansion into the new
facility will help the Library to continue to provide such services to the public; and
WHEREAS, as the Village continues to promote the redevelopment of properties along Lincoln
Avenue to create a pedestrian- oriented, walkable commercial area, the presence of a strong and well -
attended library is a compatible use for this type of commercial district and the presence of library
patrons, workers and volunteers help supports existing and potential new businesses; and
WHEREAS, in light of the information presented in the special use application, including the
two traffic and parking studies, the testimony presented at both Plan Commission meetings, and the
recommendation of the Traffic Safety Commission, the Plan Commission recommended approval of
the application (5 -0 -2; Commissioners Gabriel and Shimanski absent) and made certain
recommendations and conditions through a report dated June 1, 2015, a copy of which is attached
hereto and made a part hereof and marked as Exhibit "A "; and
WHEREAS, the Corporate Authorities have considered this matter at public meetings and find
pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code, this
Special Use for a library use will be used and operated in such a way that the public health, safety, and
welfare will be protected and will not cause substantial injury to the other properties in the surrounding
neighborhood; and
WHEREAS, pursuant to the provisions of the Village of Morton Grove Municipal Code, the
Corporate Authorities have determined the Special Use permit for a library use at 6200 Lincoln
Avenue shall be issued subject to the conditions and restrictions as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance, as though fully set forth herein, thereby making the findings as
hereinabove set forth:
SECTION 2: The property located at 6200 Lincoln Avenue, Morton Grove, Illinois 60053, is
hereby granted a special use permit to allow a library use, and such special use shall be located and
operated at that address subject to the following conditions and restrictions which shall be binding on
the owners /lessees, occupants and users of this property, their successors and assigns for the duration
of the library use:
1. The site shall be developed and operated in accordance with the plans and supporting
documents in the application, including:
A. 6200 Lincoln Main floor, by MG Library, dated January 2015;
B. Traffic and Parking Study for the Morton Grove Public Library 6200 Lincoln Avenue
Annex, submitted by Debra Stombres Morton Grove Public Library Director with
Assistance from Natalya Fishman and Jeffrey Ray, dated January 2015;
C. Morton Grove Public Library Expansion Traffic Impact Study, prepared by Patrick
Engineering Inc. dated May 2015
2. The applicant shall
comply
with recommendations
of the Village
Engineer dated February 6,
2015, in accordance
with the
recommendation of the
Traffic Safety
Commission, including:
A. Proposed pedestrian access routes should be clearly indicated on a plan drawing, any
existing locations not complying with accessibility (i.e. ADA) requirements should be
identified and will require correction as part of the development; and
B. A site plan drawing should be provided showing the locations, geometrics, layouts,
dimensions, counts, and access routes of available /proposed parking spaces included in
the study; and
C. Shrubbery in the right -of -way adjacent to 6200 Lincoln Avenue should be removed or
lowered to clear the sight lines between vehicles accessing the parking lot and
pedestrians on the sidewalk accessing the 6200 Lincoln Avenue building.
3. If the Library reduces the number of on -site parking spaces or the number of off -site leased
parking spaces, the Library shall file an updated parking management plan to the Director of
Community Development and the Village Engineer for review and, if necessary, shall file for
an amendment to the special use permit.
SECTION 3: The owners, lessees, occupants, and users of 6200 Lincoln Avenue, their
successors and assigns allow employees and authorized agents of the Village of Morton Grove access
to the premise at all reasonable times for the purpose of inspecting said premise to verify all terms and
conditions of this special use permit have been met. .
SECTION 4: The special use permit is granted so long as the owner, occupant and users of this
property utilize the area for the purposes as herein designated.
SECTION 5: The Village Clerk is hereby authorized and directed to amend all pertinent
records of the Village of Morton Grove to show and designate the special use as granted and amended
hereunder.
SECTION 6: The Applicant/Owner shall comply with all requirements of the Village of
Morton Grove Ordinances and Codes that are applicable.
SECTION 7: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form according to law.
PASSED this 22nd day of June 2015.
Trustee Grear
Trustee Minx
Trustee Pietron
Trustee Ramos
Trustee Thill
Trustee Witko
APPROVED by me this 22nd day of June 2015.
APPROVED and FILED in my office
This 23`d day of June 2015.
Village Clerk
Village of Morton Grove
Cook County, Illinois
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
To: Village President and Board of Trustees U v
From: Ron Farkas, Chairperson Plan Commission
Nancy Radzevich, AICP, Community and Economic Development Director
Dominick A. Argumedo, AICP, Zoning Administrator /Land -Use Planner
Date: June 1, 2015
Re: Plan Commission Case PCIS -01: Morton Grove Public Library, request for a
Special Use Permit for a "Library" use, in accordance with Section 12 -4 -3 -D
(Unified Development Code, ORD, #07 -07), at 6200 Lincoln Avenue, Morton
Grove, IL, remanded to the Plan Commission by the Board of Trustees (6-0)
April 27, 2015, recommended for approval by the Plan Commission (5 -0) May
18, 2015
Background
On February 16, 2015, the Plan Commission heard PC- 15 -01, a request from the Morton Grove
Public Library (MGPL) for a special use permit for a library use at 6200 Lincoln Avenue. The
existing main library at 6140 Lincoln Avenue recently underwent major interior renovations that
diminished space for some of their existing library services. The applicant purchased the property
at 6200 Lincoln to relocate some of those existing library services, programs, and equipment,
while the existing book and material collections will continue to be housed at the main library
(Staff report dated February 11, 2015 is attached). After presentation of the application by staff
and MGPL, public comment, and discussion, the Plan Commission unanimously recommended
denial of the application due to the absence of a traffic study done by a professional traffic
engineer.
The application along with the Plan Commission's recommendation for denial was presented to the
Village Board on Monday, April 27, 2015. Nancy Radzevich, Community and Economic
Development Director, provided an overview of PC 15 -01 and summarized the Plan Commission's
review and recommendation (Plan Commission Report dated April 22, 2015 is attached). Ms.
Radzevich specifically noted that based on the testimony provided at the Plan Commission's
February public hearing, the Commission concurred that a traffic /parking study, conducted by a
professional engineer versus library staff, should be submitted. Ms. Radzevich advised the Village
Board that following the Plan Commission public hearing, the Library had commissioned a
professional engineer for a traffic /parking study. In light of this action, staff was recommending
that the Village Board remand this case back to the Plan Commission. Trustee Thill moved to
remand PC 15 -01 back to the Plan Commission for additional consideration, which was seconded
by Trustee Toth. The motion passed 6 -0.
Revised Traffic Studv
The MGPL submitted a final draft study on May 8, 2015. Staff reviewed the submitted traffic study
and determined it included the base -level of information needed for the Plan Commission to
reconsider the application. (Traffic study, prepared by Patrick Engineering Inc., dated May 2015, is
1
Board Report PC #15 -01
Morton Grove Public Library — 6200 Lincoln
June 1, 2015
attached).
The
study was forwarded to the Plan Commission for consideration at their regularly
scheduled
May
18, 2015
date (Staff Report May 13, 2015 is attached)
May 2015
At the May 18"' Plan Commission meeting, Ms. Nancy Radzevich reviewed the case history and
summarized the Plan Commission staff report dated May 13, 2015.
Commissioner Blonz asked if this should be treated as a new case. Ms. Radzevich stated the Unified
Development Code simply states that the Board may remand a case back to the Plan Commission
for additional consideration — there is no specific requirement as to the method by which the
Commission proceeds with their "additional consideration." The Chairman has the ability and the
right to allow for additional public comment. Ms. Radzevich further advised that any Commissioners
who were not in attendance at the original public hearing have the right to take part in the
discussion, as long as they believe they have reviewed the application and relevant documents
(reports, minutes, etc.) from the previous meeting.
Commissioner Blonz asked if it was fair that the Commissioners that were present at the February
16, 2015 public hearing are absent when the case has subsequently been remanded to the Plan
Commission and will be voted on in their absence. Ms. Radzevich explained a couple of options for
the Commission. As the Plan Commission has a quorum and additional information available the
Board may vote on a recommendation to the Board of Trustees. In addition, before the final vote, if
the Library would like to continue the discussion until additional members are present then it is
acceptable for them to ask for a continuance.
Chairperson Farkas asked what a potential motion would be, should the Plan Commission take
action? Ms. Radzevich stated the motion might reflect what was in the original Plan Commission
staff report, with the caveat that the newly submitted professional Traffic Study, May 2015, be
included in the referenced documents.
Ms. Debra Stombres, Library Director, provided the Commission with an overview of the project at
the main library building, which was the impetus behind them acquiring this additional building.
Ms. Strombres stated the Library lost some usable floor space with the renovations and need to
move some of their existing programs to the new 6200 Lincoln Avenue space. There would never
be any book circulation conducted there, only classes and they would continue to use the new
building for added storage.
Chairperson Farkas asked if there was any discussion.
Commissioner Gillespie asked why this wouldn't go back to the Traffic and Safety Commission. Ms.
Radzevich responded that the Traffic and Safety Commission already approved the case at their
February 5, 2015 meeting before the original application went to the Plan Commission for the
February 16, 2015 hearing. Further, their recommendation referenced comments from the Village
Engineer, who also reviewed the new traffic study.
2
Board Report PC #15 -01
Morton Grove Public Library — 6200 Lincoln
June 1, 2015
Commissioner Blonz asked if the new building would create any more usage and get more people
to use it. Ms. Stombres stated that the number of patrons has been lower since 2012. Since the
construction started, the numbers have been down. With the reopening of the main library, they
hope to bring people back to the Library.
Commissioner Blonz noted that the contract for 30 parking spaces with St Martha's Church ends in
2017 and if this case is approved he would like to have it in writing that the special use would come
back to the Plan Commission for review if the contract was not renewed. Ms. Radzevich noted that
staff has already included a recommended condition, in the original staff report, that reflects that
requirement. Specifically, the suggested condition states that if there is any change to the number
of onsite or leased parking spaces that the Library would have to return to the Plan Commission for
an amendment and explain how the parking demand would be accommodated. Ms. Stombres also
responded that this is the second three year contract with St Martha and the Library is anticipating
that it will be renewed again.
Commissioner Gillespie asked about the signage recommendations for crosswalks and left turning
out of the alley on Georgiana to prevent potential two way traffic going down a one way street. Mr.
Argumedo stated that the Traffic Safety Commission and Village Engineers' comments cover those
recommendations.
Commissioner Blonz asked if there would be a need for more shelf space with more electronics
being used in the future. Ms. Stombres responded there is a shift in the need for electronics,
however, there are still patrons who prefer to read actually books.
Meeting — Public Comment
Farkas asked if there was anyone from the public who wanted to be heard: No one asked to speak,
Public Meeting -Board Discussion and Vote
Farkas asked if there was any further discussion. Hearing none, Farkas asked for a motion to
recommend approval of this application.
Commissioner Gillespie moved to recommend approval of Case PC 15 -01, request for a special use
for a library at 6200 Lincoln Avenue, with the following recommendations:
1. The site shall be developed and operated in accordance with the plans and supporting
documents in the application, including:
a. 6200 Lincoln Main floor, by MG Library, dated January 2015; and
b. Traffic and Parking Study for the Morton Grove Public Library 6200 Lincoln Avenue Annex,
submitted by Debra Stombres Morton Grove Public Library Director with Assistance from
Natalya Fishman and Jeffrey Ray, dated January 2015
c. Morton Grove Public Library Expansion Traffic Impact Study, prepared by Patrick
Engineering Inc. dated May 2015
3
Board Report PC #15 -01
Morton Grove Public Library — 6200 Lincoln
June 1, 2015
2. The applicant shall comply with recommendations of the Village Engineer dated February 6,
2015, in accordance with the recommendation of the Traffic Safety Commission, including:
a. Proposed pedestrian access routes should be clearly indicated on a plan drawing, any
existing locations not complying with accessibility (i.e. ADA) requirements should be
identified and will require correction as part of the development; and
b. A site plan drawing should be provided showing the locations, geometrics, layouts,
dimensions, counts, and access routes of available /proposed parking spaces included in the
study; and
c. Shrubbery in the right of way adjacent to 6200 Lincoln Avenue should be removed or lowed
to clear the sight lines between vehicles accessing the parking lot and pedestrians on the
sidewalk accessing the 6200 Lincoln Avenue building.
3. If the Library reduces the number of on -site parking spaces or the number of off -site leased
parking spaces, the Library shall file an updated parking management plan to the Director of
community Development and the Village Engineer for review and, if necessary, shall file for an
amendment to the special use permit.
Commissioner Khan seconded the motion.
Chairperson Farkas called for the vote. The motion passed unanimously. (5 -0 -2; Gabriel, Shimanski
absent).
Legislative Summary
Ordinance 15 -07
AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE (ORD. 07 -07)
TO ESTABLISH A TIME LIMIT FOR THE VALIDITY OF VARIATIONS GRANTED BY THE
ZONING BOARD OF APPEALS
Introduction:
Synopsis:
Purpose:
Background:
Programs, Departs
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recommend:
Second Reading:
Special Consider or
Requirements:
Submitted by:
Prepared by:
June 8, 2015
This ordinance will
establish a timeframe for the validity
of variations granted
by
the Zoning Board of
Appeals (ZBA).
A text amendment to establish that variations granted by the Zoning Board of Appeals shall be valid for
up to one (1) year from the date of approval unless a building permit is issued and construction has been
initiated within that period and is thereafter actively pursued to completion, or unless the applicant has
applied for and been granted an extension of time by the ZBA.
The Village of Morton Grove Municipal Code (Title 1, Chapter 4), establishes the Zoning Board of
Appeals with powers and duties which include hearing and deciding variations from the Unified
Development Code (Title 12) pertaining to dimensional controls (Chapters 2, 3, and 4) and the number
of required parking spaces for specific uses at specific locations (Section 12- 7 -3:K). Currently, there is
no time limit for the validity of approved variations. The ZBA uses four (4) standards to grant
variances. Two of these standards specifically address the potential impact the variation could have on
the overall neighborhood and adjacent properties. Over time, conditions on the subject property, on
abutting properties, or within the neighborhood could change, such that previously approved variations
could result in unanticipated adverse impacts on the abutters or the surrounding neighborhood. Further,
as the Village continues to reevaluate and improve the Code, potential changes to the bulk, massing, or
parking requirements could in turn change the evaluation criteria for variations. The proposed text
amendment would establish a one (1) year time limit for variations, from the date of approval, unless a
building permit is issued and construction has been initiated and is thereafter actively pursued to
completion, or unless the applicant applies for and the ZBA grants an extension of time. This time limit
standard is consistent with the current time limits for special use permits and appearance certificates.
Having established timelines for the validity of approved variations is common; this proposed text
amendment would bring Morton Grove's code in line with other surrounding communities. PC# 15 -03
was presented to the Plan Commission for public hearing on May 18, 2015. Tbere was no public
comment. After reviewing the proposed amendment, the Plan Commission suggested one change to the
draft language and voted recommend approval of the modified text amendment to the Village Board. (5-
0-2; Gabriel and Shimanski absent).
Community and Economic Department
N/A
NIA
These amendments will be implemented by the Community and Economic Development in the normal
course of business.
Approval as presented
June 22, 2015, required — Municipal Code Book change;
Friel,
_ Reviewed by
Pro -Tern Teresa Hoffman Liston oration Counsel
EzOnetnie Development Director
ORDINANCE 15 -07
AMENDING THE VILLAGE OF MORTON GROVE UNIFIED
DEVELOPMENT CODE (ORD. 07 -07) TO ESTABLISH A TIME LIMIT
FOR THE VALIDITY OF VARIATIONS GRANTED BY THE ZONING
BOARD OF APPEALS
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a
home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the
State of Illinois, can exercise any power and perform any function pertaining to its government
affairs, including but not limited to the power to tax and incur debt; and
WHEREAS, the Village continuously reviews and, as it deems necessary, updates
existing Municipal Codes to assure they are kept current and relevant; and
WHEREAS, the applicant, the Village of Morton Grove, has made a proper application to
the Plan Commission in case number PC15 -03 to consider and recommend the adoption a of text
amendment to the Village of Morton Grove Unified Development Code, Section 12- 16 -3:13, to
establish a Time Limit for the Validity of Variations Granted by the Zoning Board of Appeals;
and
WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public
notice duly published in the Pioneer Press, a newspaper of general circulation in the Village of
Morton Grove which publication took place on April 30, 2015, a public hearing was conducted
on May 18, 2015 relative to the above referenced case at which time all concerned parties were
given the opportunity to present and express their views for the consideration of the Plan
Commission. As a result of said hearing, the Plan Commission made certain recommendations
and conditions through a report dated June 01, 2015, a copy of which is attached hereto and
made a part hereof and marked as Exhibit "A' ; and
WHEREAS, the Unified Development Code establishes the Zoning Board of Appeals
with powers and duties which include hearing and deciding variations from the Unified
Development Code (Title 12). Specifically, Chapter 16 of Title 12 authorizes the Zoning Board
of Appeals (ZBA) to grant variations to Chapters 2, 3, and 4 of the Unified Development Code
(Section 12- 16 -3), "...except as otherwise indicated in this title [title 121, and except for those
regulations regarding permitted, special and prohibited uses in all districts..." In addition, the
ZBA has the authority to review and decide on variations to the number of required parking
spaces for specific uses at specific locations, on a case by case basis (Section 12- 7 -3:K); and
WHEREAS, the Unified Development Code does not currently have a time limit for the
validity of variations granted by the zoning board of appeals; and
WHEREAS, in the absence of such a time limit conditions on a subject property that
receives a variance, the surrounding neighborhood and/or on abutting properties could change,
such that a previously approved variation, executed years afterwards, could have unanticipated
adverse impacts; and
WHEREAS, in the absence of such a time limit changes to the bulk and massing
requirements in Unified Development Code could occur which in turn could change the
evaluation of the potential impacts of variations; and
WHEREAS, establishing a time limit for variances will be consistent with current one (1)
year time limit for development related approvals granted by other boards and commission, as
established in the Unified Development Code, such as appearance certificates granted by the
Appearance Review Commission and special use permits authorized by the Board of Trustees;
and
WHERAS, the Corporate Authorities have concluded that the proposed amendment will
preserve the
intent of the
Unified Development Code to allow
for
the orderly development and
add clarity to
the massing,
bulk, and parking code requirements
and
standards; and
WHEREAS, the Corporate Authorities have considered this matter at a public meeting and
find the text amendment, when evaluated in the context of the whole Village, serves the public
good; and
WHEREAS, the Village is desirous of assuring all policies are kept current and relevant.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance, as though fully set forth herein, thereby making the findings as
hereinabove set forth:
SECTION 2: Title 12 entitled Unified Development Code, Chapter 16, entitled Project
Approval Process, Section 12 -16 -3 entitled Procedures For Zoning Board of Appeals, subsection
12- 16 -3:13 entitled Authorized Variations of the Municipal Code is hereby amended with the
following:
12 -16 -3: PROCEDURE FOR ZONING BOARD OF APPEALS
B. Authorized variations: The zoning board of appeals shall publicly hear and have
the authority to vary the zoning regulations set forth in chapters 2, 3, and 4 of this title,
except as otherwise indicated in this title, and except for those regulations regarding
permitted, special and prohibited uses in all districts. An authorized variation shall be
valid for a Period of no longer than one (I) year from the date of approval unless a
building permit is issued and construction is actually begun within that period and is
thereafter actively pursued to completion or unless the applicant applies for and the
Zoning Board ofAppeals grants an extension of time.
PASSED this 22nd day of June 2015.
Trustee Grear
Trustee Minx
Trustee Pietron
Trustee Ramos
Trustee Thill
Trustee Witko
APPROVED by me this 22nd day of June 2015.
APPROVED and FILED in my office
This 23`d day of June 2015.
Village Clerk
Village of Morton Grove
Cook County, Illinois
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
To: Village President and Board of Trustees U
From: Ron Farkas, Plan Commission
Nancy Radzevich, AICP, Community and Economic Development Director
Dominick A. Argumedo, AICP, Zoning Administrator /Land -Use Planner
Date: May 31, 2015
Re: Plan Commission Case PC15 -03: Application for a Text Amendment to
Chapter 16 of Title 12 of the Village of Morton Grove Municipal Code (Ord.
#07 -07) to Establish a Time Limit for the Validity of Variations Granted by
Zoning Board of Appeals
Commission Report
Public Hearino Notice
The Village provided Public Notice for the May 18, 2015 Plan Commission public hearing for PC 15-
02 in accordance with the Unified Development Code. The Pioneer Press published the public
notice on April 30, 2015. As this request is for a text amendment, not a request for a specific site,
no public notice signs or notification letters were required.
Amendment Background
The Village of Morton Grove municipal code (Title 1, Chapter 4), establishes the Zoning Board of
Appeals with powers and duties which include hearing and deciding variations, from the Unified
Development Code (Title 12). Specifically, Chapter 16 of Title 12 authorizes the Zoning Board of
Appeals (ZBA) to grant variations to Chapters 2, 3, and 4 of the Unified Development Code
(Section 12- 16 -3), "...except as otherwise indicated in this title [title 12], and except for those
regulations regarding permitted, special and prohibited uses in all districts..." In addition, the ZBA
has the authority to review and decide on variations to the number of required parking spaces for
specific uses at specific locations, on a case by case basis (Section 12- 7 -3 -1(). The municipal code
does not, however, include a time limit by which the applicant must exercise the granted
variation. Based upon the codified standards the ZBA utilizes to make determinations (Section 12-
16-3:A.2.), the lack of a time limit on a variation's validity may result in future development that
contradicts the ZBA's initial approval.
The ZBA grants an authorized variation from the Unified Development Code based upon the
following four standards:
a. Not Self- Imposed: The alleged difficulty or hardship is caused by this title and has not
been created by any persons presently having an interest in the subject property.
b. Nonmonetary Considerations: The circumstances or conditions are such that the strict
application of the provisions of this title would deprive the applicant of a reasonable use of
his land. Mere loss in value shall not justify a variation.
Board Report- May 31, 2015
PC #15 -03: Variance Text Amendment
c. Not Detrimental to Public Welfare: The granting of any variation is
in harmony with the
general purposes
and intent of this
title and will not be detrimental
to the public welfare or
to other property
or improvements
in the neighborhood.
d. Not Detrimental to Neighborhood: The proposed variation will not impair an adequate
supply of light and air to adjacent property, substantially increase congestion in the
streets, increase the potential damage of fire, endanger the public safety, or alter the
character of the neighborhood.
It is standards c. and d. where the absence of a timeframe for the validity of a variance could
ultimately end up in having an adverse impact. These two standards specifically address the
potential impact that the proposed variation could have on the overall neighborhood and adjacent
properties. Over the course of time, conditions on the subject property, within the neighborhood
and /or on abutting properties could change, whereas the proposed variation could change and
exaggerate potential adverse impacts. Further, in addition to changes in development patterns,
there also may be additional changes to the bulk and massing requirements in Unified
Development Code, which in turn could change the evaluation of potential impacts.
Proposed Amendment
Staff proposed the following Amendment to Section 12- 16 -3 -B of the Unified Development Code:
12 -16 -3: PROCEDURE FOR ZONING BOARD OF APPEALS
B. Authorized variations: The zoning board of appeals shall publicly hear and have
the authority to vary the zoning regulations set forth in chapters 2, 3, and 4 of this
title, except as otherwise indicated in this title, and except for those regulations
regarding permitted, special and prohibited uses in all districts. An authorized
variation shat/ be va /id fora period of no / owaer than one !1) vear from
the date of issue unless a bu/ /ding permit is issued and rnnsbvction is
actua //y beaus within that period and is thereafter active /v pursued to
completion.
In reviewing municipal codes for other area communities, staff found that established timelines for
owners to execute work associated with an approved variation is common. The neighboring
communities of Evanston, Park Ridge, Niles, and Skokie all have time limits for the validity of
variations. This proposed amendment would be consistent with timeframes included in codes for
other surrounding municipalities
In addition, the municipal code currently has established timeframes for the validity of appearance
certificates granted by the Appearance Review Commission and special use permits authorized by
the Board of Trustees. Per Section 12- 16- 2:C.6., appearance certificates are valid for one (1) year
after the date of granting by the Appearance Commission and if construction has not commenced
within that twelve month period, the appearance certificate shall become null and void, unless the
commission grants an extension of time. For Special Use Permits (Section 12- 16- 4:C.6.c.), the
permit is similarly only valid for one from the date of issuances, unless a building permit has been
issued and construction has begun within that twelve month timeframe. Further the code states
that in order for the special use permit to remain valid, after construction begins it must be
2
Board Report- May 31, 2015
PC #15 -03: Variance Text Amendment
"...actively pursued to completion or a certificated of occupancy is obtained and a use commenced
within that period."
This proposed amendment would bring the village's variance procedure and timeframes in line
with the current timeframes for execution of special use permits and appearance certificates.
May 18, 2015 Public Hearing
Mr. Argumedo introduced the case and summarized the Plan Commission staff report dated May
11, 2015 into the public record.
Chairperson Farkas asked if there were any questions to staff.
Commissioner Blonz asked if a provision could be added to the proposed amendment that the
Zoning Board of Appeals could grant an extension of time to a previously granted variance before
the one (1) year limit. Ms. Radzevich stated that there would be no reason why this could not be
added to this provision. Chairperson Farkas asked if there would have to be a definite procedure
for this. Blonz said he is suggesting just adding that additional provision and that he believes the
procedure would be the same as any other.
Public Hearing — Public Comment
Chairperson Farkas asked if anyone was present that wanted to be heard on this case. No one
asked to speak.
Public Hearing —Board Discussion and Vote
Commissioner Blonz moved to approve Case PC 15 -03 with the following recommendations:
Plan Commission recommends approval of Case #PC 15 -03 for a Text Amendment to the Unified
Development code (Ordinance #07 -07) to establish a time limit for the validity of variations
granted by the Zoning Board of Appeals and to specifically add the following language to Section
12-16-3:B.: 'ion autherimd var;am^ c �Rw s. ...ir i x-- _ _ _ _. _
Commissioner Gillespie seconded the motion.
Chairperson Farkas called for the vote. The motion passed unanimously (5 -0 -2; Gabriel and
Shimanski absent).
3
Leeislative Summary
Resolution 15 -45 '
AUTHORIZING THE EXECUTION OF A CONTRACT
WITH SCHROEDER ASPHALT SERVICES, INC.
FOR THE 2015 STREET IMPROVEMENT PROGRAM
Introduced:
June 8, 2015
Synopsis:
To authorize the Village President to execute a contract with Schroeder Asphalt
Services, Inc. for the 2015 Street Improvement Program.
Purpose:
The 2015 Street Improvement Program is necessary to maintain the quality,
drainage, and drivability of the streets in the Village. The current program includes
the resurfacing and ancillary improvements on 24 streets.
Background:
This contract was bid through a public process in which the contract was advertised
and sealed bids were received. Nineteen bid packages were purchased and four bids
were submitted (bid tabulation attached). Schroeder Asphalt Services, Inc. of
Huntley, Illinois was determined to be the lowest responsible bidder. Schroeder's
qualifications and availability were verified. The proposal amount is $99,736.75
less than the Engineer's Estimate of Cost. The bid process conformed to the
Village's purchasing requirements. This project is required to comply with the
Illinois Prevailing Wage Act. Village staff has recommended the bid of Schroeder
Asphalt Services, Inc. in the amount of $1,267,433.25 be accepted. Public Works
staff recommends slightly changing the list of streets to be included in the program
for practical purposes, which will result in an estimated contract amount of
$1,231,033.23.
Programs, Departments
Public Works, Engineering Division
or Groups Affected
Fiscal Impact:
The estimated contract value is $1,231,033.23. Since this is a unit price contract,
the final contract amount will be based on the actual quantity of work performed.
Source of Funds:
Capital Projects: A/C #305060 - 553340 Street Improvements; 2015 General
Obligations Bond contains an allocation of $3,300,000 for street improvements in
2015 -2017.
Workload Impact:
The Public Works Department, Engineering Division, as part of their normal work
activities, performs the management and implementation of the program.
Administrator
Approval as presented.
Recommendation:
Special Considerations or
None
Requirements:
Respectfully submitted: _jn�
� Reviewed by����
Tom
Friel, Villa Administrator Pro -Tern Teresa Hoffman Lis n Corporation Counsel
Prepared by: (� --
°� Reviewed by: i
Chris Tomich,
Village Engineer AAndy DeMonte, Director of Public Works
RESOLUTION 15 -45
AUTHORIZING THE EXECUTION OF A CONTRACT WITH
SCHROEDER ASPHALT SERVICES, INC.
FOR THE 2015 STREET IMPROVEMENT PROGRAM
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois,
can exercise any power and perform any function pertaining to its government affairs, including but not
limited to the power to tax and incur debt; and
WHEREAS, the 2015 Street Improvement Program is necessary in order to maintain the Village's
infrastructure; and
WHEREAS, the Public Works Department advertised on the Village's website beginning April 20,
2015, inviting bids on the "2015 Street Improvement Program "; and
WHEREAS, the bidding procedures comply with purchasing requirements of Municipal Code Title
1, Chapter 9, Article A, Section 2; and
WHEREAS, the terms of this contract will comply with the Illinois Prevailing Wage Act; and
WHEREAS, nineteen bid packages were purchased; and
WHEREAS, four bids were received, publicly opened and read at the Public Works Facility at
10:00 a.m. on Friday, May 8, 2015, with the corrected bid results as follows:
Contractor Total
Schroeder Asphalt Services, Inc. $ 1,2671433.25
Arrow Road Construction Co. $ 1,3342435:00
J.A. Johnson Paving Co. $ 1946%775.00
A Lamp Concrete Contractors Inc. $ 1,6569245.00
and
WHEREAS, the low bidder is Schroeder Asphalt Services, Inc. of Huntley, Illinois; and
WHEREAS, the qualifications and availability of the low bidder have been verified; and
WHEREAS, the low bid of Schroeder Asphalt Services, Inc. is $99,736.75 less than the Engineer's
Estimate of Cost; and
WHEREAS, Public Works staff recommends the list of streets included in the 2015 Street
Improvement Program bidding documents should be changed slightly before construction begins for
practical purposes; and
WHEREAS, the revised list of street to be included in 2015 Street Improvement Program includes
the following streets:
1. Arcadia Ave. — Washington St. to Oriole Ave.
2. Merrill Ave. — Arcadia Ave. to Maple St.
3. Davis St. — Ozark Ave. to Oriole Ave.
4. Lake St. — Ozark Ave. to Oriole Ave.
5. Davis St. — Lake St. to Lake St.
6. Osceola Ave. — Davis St. to Arcadia Ave.
7.
Oconto Ave. —
Greenwood
Ave. to Suffield Ct.
8.
Sayre Ave. — Beckwith Rd.
to Golf Rd,
9.
Churchill Ave.
— Waukegan to New England
10.
Nashville Ave.
— Churchill
St. to Hazel St.
11.
Neenah Ave. —
Hazel
St. to
Cul -de -sac
12. Mansfield Ave. — Davis St. to Church St.
and
13. Major Ave. — Lake St. to Church St.
14. Parkside Ave. — Lake St. to Church St.
15. Lake St. — Luna Ave. to Linder Ave.
16. Menard Ave. — South Park Ave. to Dempster St.
17. Crain St. — Major Ave. to Central Ave.
18. Central Ave. — Theobald Rd. to Frontage Rd.
19. Madison St. — Austin Ave. to Marmora Ave.
20. Reba Ct. — Cul -de -sac to Marmora Ave.
21. Keeney Ct. — Cul -de -sac to Marmora Ave.
22. Madison St. — Linder Ave. to Long Ave.
23. Warren St. — Gross Point Rd. to Long Ave.
WHEREAS, the revised list of streets to be included in 2015 Street Improvement Program results in
a difference between the bid amount and the consequential contract amount; and
WHEREAS, the 2015 General Obligation Bond issuance contains an allocation of $3,300,000 for
Street Improvement Programs between 2015 and 2017, for which the funds will be deposited into Capital
Projects Fund Account 305060 - 553300.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1. The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses
into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth.
SECTION 2. The Corporate Authorities accept the bid of Schroeder Asphalt Services, Inc. in the
amount of $1,267,433.25.
SECTION 3. The Corporate Authorities accept the recommendation of the Public Works
Department to revise the list of streets to be included in 2015 Street Improvement Program estimated to cost
$1,231,033.23.
SECTION 4. The Village President of the Village of Morton Grove is hereby authorized to execute
and the Village Clerk to attest a contract with Schroeder Asphalt Services, Inc., based upon their bid for the
2015 Street Improvement Program and the revised list of streets in the amount of $1,231,033.23.
SECTION 5. The Village Administrator, Director of Public Works, and the Village Engineer and/or
their designees are hereby authorized to take all steps necessary to oversee, and implement this contract.
SECTION 6. This Resolution shall be in full force and effect upon its passage and approval.
PASSED THIS 8u DAY OF JUNE 2015
Trustee Grear
Trustee Minx
Trustee Pietron
Trustee Ramos
Trustee Thill
Trustee Witko
APPROVED BY ME THIS 8`h DAY OF JUNE 2015
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 9'' DAY OF JUNE 2015
Susan Lattanzi, Deputy Village Clerk
Village of Morton Grove
Cook County, Illinois
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Legislative Summary
Ordinance 15 -08
AMENDING TITLE 7 CHAPTER 4 ARTICLE 7 OF THE MUNICIPAL CODE
OF THE VILLAGE OF MORTON GROVE
SPRINKLING REGULATED FOR WATER USERS
Introduced:
Synopsis:
Purpose:
Background:
Programs, Departs
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
Second Reading:
June 8, 2015
This ordinance will amend Title 7, Chapter 4, Article 7 of the Municipal Code.
To revise the existing Village ordinance as mandated by the amended Illinois
Department of Natural Resources, Lake Michigan Water Allocation Rules and
Regulations on November 18, 2014.
The Village's potable allocated water source from Lake Michigan is governed by the
Illinois Department of Natural Resources. Mandated from the March 31, 20155
letter, the IDNR requires the Village to amend the existing Ordinance 7 -4 -7 to add
the following language; "Lawn sprinkling shall not occur on consecutive days nor
shall any lawn sprinkling occur in the middle of the day between the hours of 11: 00
a.m. and 6:00 p.m. and 11 :00 p.m. and 5:00 a.m. on each and every calendar day.
Sprinkling shall be permitted on odd/even days. Properties with even - numbered
street numbers (i.e., numbers ending in 0,2,4,6, or 8) may sprinkle on even calendar
days between the hours of 5 :00 a.m. to 11 :00 am and 6 :00 p.m. to 11:00 p.m.
Properties with odd - numbered street numbers ( i.e., numbers ending in 0,1,2,5, or 7)
may sprinkle on odd calendar dates between the hours of 5:00 a. m. to 11 :00 a. m.
and 6 :00 p.m. to I1 :00 p.m. " and "New /replacement sprinkler systems shall be
equipped with a Water Sense labeled irrigation controller and shall be in
compliance with Section 2.5(g) for the Illinois Plumbing License Law
(225ILCS320) ".
Public Works, Village Residents
None
No Funds Required
The Public Works Department as part of their normal work activities will perform
the management and implementation of the program.
Approval as presented.
Required — Code Book Change - June 22, 2015
Special Consider or None
Requirements: 1 14
Respectfully submitted: jer,� 4YL�r
Tom Friel, Village AdmiAistrator Pro Tem
Prepared by:
Toe Dahm. Asst Director of Pnhlic Wnrks
Reviewed
Reviewed by:
Teresa Hoffman T
of
Works
t'f91n Ce1
ORDINANCE 15 -08
AMENDING TITLE 7 CHAPTER 4 ARTICLE 7 OF THE MUNICIPAL CODE
OF THE VILLAGE OF MORTON GROVE
SPRINKLING REGULATED FOR WATER USERS
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a
home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the
State of Illinois, can exercise any power and perform any function pertaining to its government
affairs, including but not limited to the power to tax and incur debt; and
WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules
and regulations pertaining to its government and affairs to protect the public health, safety, and
welfare of its citizens; and
WHEREAS, the Village's potable water source is drawn from Lake Michigan; and
WHEREAS, the water allocated to Morton Grove is governed by the Illinois Department
of Natural Resources; and
WHEREAS, on November 18, 2014, the Illinois Department of Natural Resources
amended the Lake Michigan Water Allocation Rules and Regulations; and
WHEREAS, in accordance with the letter dated March 31, 2015, the Illinois Department
of Natural Resources mandated the Village to amend Title 7, Chapter 4, Article 7, Sprinkling
Regulated in paragraphs B and C.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing
WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the
findings as hereinabove set forth.
SECTION 2: Title 7 Chapter 4 Article 7of the Municipal Code of the Village of Morton
Grove shall be amended to read as follows:
7 -4 -7: SPRINKLING REGULATED:
A. Water Use: No person shall draw water from the Village's water system for sprinkling
yards, lawns, or flower and vegetable gardens within or outside the Village except as
hereinafter provided. (1969 Code § 50.250)
B. Use of Automatic Sprinkling Devices Restricted: During the period May 15 through
September 15 of each calendar year, all residential, industrial, commercial and
institutional properties located within the Village shall be precluded from the use of
automatic sprinkling devices. Lawn sprinkling shall not occur on consecutive days
nor shall any lawn sprinkling occur in the middle of the day between the hours of
11:00 a.m. and 6:00 p.m. and 11:00 p.m. and 5:00 a.m. on each and every calendar day.
Sprinkling shall be permitted on odd /even days. Properties with even numbered street
numbers (i.e., numbers ending in 0,2,4,6, or 8) may sprinkle on even calendar dates
between the hours of 5:00 a.m. to 11:00 a.m. and 6:00 p.m. to 11:00 p.m. Properties with
odd - numbered street numbers (i.e., numbers ending in 1,3,5,7, or 9) may sprinkle on odd
calendar dates between the hours of 5:00 a.m. to 11:00 a.m. and 6:00 p.m. to 11:00 p.m.
Automated sprinkling devices shall be defined as any built in underground sprinkling
systems, any mechanical device designed for dispensing water which is attached to a
garden hose or water outlet and runs continuously or on a timed cycle and any related
devices whether predesigned for lawn or garden sprinkling or modified for such use.
New /replacement sprinkler systems shall be equipped with a Water Sense labeled
irrigation controller and shall be in compliance with Section 2.5(g) for the Illinois
Plumbing License Law 1225 ILCS 3201 (Ord. 89 -14, 5 -8 -1989; amd. Ord. 91 -32, 7 -8-
1991; Ord. 92 -36, 6 -22 -1992; Ord. 93 -17, 5 -10 -1993; Ord. 15- , 06- 22 -15)
C. Exemptions From Lawn Watering Restrictions: Handheld sprinkling devices such as
garden hoses used to water grass, flowers, vegetables or shrubbery and new lawns less
than 3 months old shall be exempt from the provisions of subsection B of this section.
(Ord. 93 -17, 5 -10 -1993; Ord. 15- , 5 -18 -2015)
D. Director of Public Works May Implement Temporary or Emergency Outside Watering
Ban: Notwithstanding the other provisions of this section, the Director of Public Works
shall be authorized to further restrict or ban all outside water uses if, in the Director's
opinion, an emergency water shortage exists or is expected to occur within the near
future. (Ord. 89 -4, 5 -8 -1989; amd. Ord. 93 -17, 5 -10 -1993)
E. Persons Affected: All persons or users of water within or outside of the Village using
water supplied through the Village's water mains shall be subject to the provisions of this
section. (1969 Code § 50.265)
F. Penalties: Violators of the provisions of this section shall be subject to the penalties in
accordance with Title 1, Chapter 4 of this Code. Any property accruing four (4) or more
violations within a single watering season shall be subject to water shut -off by the
Director of Public Works for such time as may be directed by the President and Village
Board of Trustees. (Ord. 08 -22, 5 -12 -2008)
SECTION 3: This Ordinance shall be in full force and effect from and upon its passage
and approval.
PASSED this 22 "d day of June 2015.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Minx
Pietron
Ramos
Toth
Witko
APPROVED by me this 22nd day of June 2015
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 23`d day of June 2015
Village Clerk
Village of Morton Grove
Cook County, Illinois
Legislative Summary
AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE STATE OF ILLINOIS
FOR MAINTENANCE OF VARIOUS STATE ROUTES WITHIN THE MUNICIPAL
CORPORATE BOUNDARIES
Introduced:
Objective:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recommendation:
First Reading:
Special Considerations or
Requirements:
Respectfully submitted: 3-
C� Tom Friel, Vil
Reviewed by: _ 6
Teresa
June 8, 2015
To authorize the execution of a 10 -year contract with the Illinois Department
of Transportation for the routine maintenance of various State routes as listed
in Exhibit A.
The purpose is to renew an existing 10 -year agreement with IDOT which
expires on June 30, 2015, that provides for the routine maintenance of
selected state routes.
On July 1, 2005, the Village of Morton Grove and IDOT entered into a ten
year agreement that provided for the routine maintenance of selected state
routes throughout the Village. This agreement expires on June 30, 2015.
The new 10 -year agreement will subsequently be renewed in 12 -month
increments with an initial compensation to the Village of $104,762.00.
Compensation will be adjusted yearly based on the Construction Cost Index
published by Engineering News Records. The Julyl, 2015 to June 30, 2016
agreement is a 2.71% increase from the previous year.
Public Works and Finance Departments
$104,762.00 for July 2015 to June 2016
IDOT
Moderate to High .
Approval as presented.
Not required.
None
Prepared by: _
Pro Tem An a Monte, Director of Public Works
Corporation Counsel
RESOLUTION 15 -46
AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE STATE OF ILLINOIS
FOR MAINTENANCE OF VARIOUS STATE ROUTES WITHIN THE MUNICIPAL
CORPORATE BOUNDARIES
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois,
can exercise any power and perform any function pertaining to its government affairs, including but not
limited to the power to tax and incur debt; and
WHEREAS, the Village currently maintains various state routes within the municipal boundaries
through an intergovernmental agreement with the Illinois Department of Transportation GDOT); and
WHEREAS, the current 10 -year intergovernmental agreement between the Village and IDOT for
the maintenance of various State Routes within the Village expires on June 30, 2015; and
WHEREAS, the Illinois Department of Transportation (IDOT) and the Village of Morton Grove
wish to enter into a new 10 -year intergovernmental agreement effective July 1, 2015 to June 30, 2025;
and
WHEREAS, the initial compensation amount will be $104,762.00 and is adjusted yearly based
on the Construction Cost Index as published by Engineering News Record; and
WHEREAS, the terms and conditions, scope of work and maintenance limits are detailed in
Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
Section 1. The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses
into this Resolution as though fully set forth therein thereby making the findings as hereinabove set
forth.
Section 2. The Village President of the Village of Morton Grove is hereby authorized to enter
into an agreement with the Illinois Department of Transportation for the maintenance of state highways
as listed in Exhibit A, and the Village Administrator, the Director of Public Works and /or their
designees are authorized to take all steps necessary to implement said agreement.
Section 3. This Resolution shall be in full force and effect upon its passage and approval.
PASSED this 8 h day of June 2015.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Minx
Pietron
Ramos
Thill
Witko
APPROVED by me this 8h day of June 2015.
Daniel DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
this 9`h day of June 2015.
Susan Lattanzi, Deputy Village Clerk
Village of Morton Grove
Cook County, Illinois
May 13, 2015
The Honorable Daniel P. DiMaria
Village President
Village of Morton Grove
6101 Capulina Avenue
Morton Grove, IL 60053
Dear Village President DiMaria:
The Illinois Department of Transportation, on behalf of the State of Illinois,
intends to enter into an Intergovernmental Agreement ( "Agreement ") for
Maintenance of Municipal Streets with your municipality. The scope of work,
including the roadways covered in this Agreement, is listed in Part 5. This will
replace our previous ten year Agreement which expires on June 30, 2015.
Part 5 includes a clause to allow modifications to the location listing as
appropriate and as mutually agreed to by both parties. Please indicate on the
blank the name of the representative from the Governmental Body who is
authorized to approve these modifications.
Updated Computation Sheets for the period of July 1, 2015 to June 30, 2016
are included with the contract. The adjustment factor used to determine the
rates is based on the 2.71 % increase published by the Engineering News
Record. The annual payment for your city will be $104,762.00.
Please review and sign the attached two copies of the Agreement, and return
them to Steve Hooghkirk at 201 W. Center Court, Schaumburg, IL 60186. In
order to execute the contract by July 1, 2015, please return it no later than May
29, 2015. One original of the executed agreement will be sent back to you
once all parties have signed it. If you have any questions or need additional
information, please contact me or Mr. Steve Hooghkirk, Maintenance
Operations Support Manager, at (847) 705 -4164.
Very truly yours,
John Fortmann, P.E.
Deputy Director of Highways,
Region One Engineer
Intergovernmental Agreement
Governmental Body Name
Village of Morton Grove
Address
7840 North Nagle Ave.
City, State, Zip
o n Illin is
Remittance Address (if different from above)
City, State, Zip
Telephone Number Fax Number
FEINRIN- DUNS
(847) 663 -3902 None
30- 0005790 -40 NA
Brief Description of Service (full description specified in Part 5)
Routine maintenance of State routes.
Compensation Method (full detalls
Agreement Term
specked In Part 6)
'
Lump Sum
From: July 01, 2015
Total Compensation Amount
Advance Pay i] Yes
$1,203,500 Estimate
® No To: June 30, 2025
REQUIRED SIGNATURES
By signing below, the GOVERNMENTAL BODY and the DEPARTMENT agree to comply with and abide by all provisions set forth
in Parts 1 -8 herein and any Appendices thereto.
FOR THE GOVERNMENTAL BODY:
Daniel P. DiMaria, Village President June 8 2015
(Name and Tide of Authorized Representative) (Signature of Authorized Representative) - Date
FOR THE DEPARTMENT:
Aaron A. Weatherholt, Deputy Director, Division of Highways Date William M. Bames, Chief Counsel Date
(Approved as to form)
By:
Omer M. Osman, P.E., Director, Division of Highways 8 Chef Engineer Jim J. Ofcarcik, Interim Chief Financial Officer Date
Date: By.
By' Randall S. Blankenhom, Acting Secretary of
Transportation
By:
Print Name
Print Title
Date
Printed 5111/2016 Page 1 of 8 OP-DI Morton Grove Maintenance Agreement 15 911 053 01
BOBS 9073 (Rev. 09/03114) Appropda0on Code 01 1-49405-4472-0200
INTERGOVERNMENTAL AGREEMENT
FOR
ROUTINE MAINTENANCE OF STATE ROUTES
This Agreement is by and between
Village of Morton Grove
Please type or print legibly the GOVERNMENTAL BODY'S legal name and address
7840 North Nagle Ave.
Morton Grove, IL 60053
Attn: Chris Tomich
Email: ctomichOmortonaroveil.orq
hereinafter called the GOVERNMENTAL BODY, and the State of Illinois, acting by and through its Department of Transportation,
hereinafter called the DEPARTMENT.
Part 1
Scope /Compensation/Term
Part 2
General Provisions
Part 3
Federally Funded Agreements
Part 4
Specific Provisions
Part 5
Scope of Services/Responsibilities
Part 6
Compensation for Services
Part 7
Certification Regarding Lobbying
Part 8
Agreement Award Notification
PART 1
SCOPE / COMPENSATION / TERM
A. Scope of Services and Responsibilities. The DEPARTMENT and the GOVERNMENTAL BODY agree as specified in
Part 5.
B. Compensation. Compensation (if any) shall be as specified in Part 6.
C. Term of Agreement. The term of this Agreement shall be from July 01, 2015 to June 30, 2025.
D. Amendments. All changes to this Agreement must be mutually agreed upon by the DEPARTMENT and the
GOVERNMENTAL BODY and be incorporated by written amendment, signed by the parties.
E. Renewal. This Agreement may not be renewed.
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PART 2
GENERAL PROVISIONS
A. Changes. If any circumstance or condition in this Agreement changes, the GOVERNMENTAL BODY must
notify the DEPARTMENT in writing within seven days.
B. Compliance /Governing Law. The terms of this Agreement shall be construed in accordance with the
laws of the State of Illinois. Any obligations and services performed under this Agreement shall be performed in
compliance with all applicable state and federal laws.
C. Availability of Appropriation. This Agreement is contingent upon and subject to the availability of funds.
The Department, at its sole option, may terminate or suspend this Agreement, in whole or in part, without penalty
or further payment being required, if (1) the Illinois General Assembly or the federal funding source fails to make
an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason, (2) the
Governor decreases the Department's funding by reserving some or all of the Department's appropriation(s)
pursuant to power delegated to the Governor by the Illinois General Assembly; or (3) the Department determines,
in its sole discretion or as directed by the Office of the Governor, that a reduction is necessary or advisable based
upon actual or projected budgetary considerations. GOVERNMENTAL BODY will be notified in writing of the failure
of appropriation or of a reduction or decrease.
D. Records Inspection. The DEPARTMENT or a designated representative shall have access to the
GOVERNMENTAL BODY's work and applicable records whenever it is in preparation or progress, and the
GOVERNMENTAL BODY shall provide for such access and inspection.
E. Records Preservation. The GOVERNMENTAL BODY, shall maintain for a minimum of three years after
the completion of the Agreement, adequate books, records and supporting documents to verify the amounts,
recipients and uses of all disbursements of funds passing in conjunction with the Agreement.
F. Cost Category Transfer Request. For all transfers between or among appropriated and allocated cost
categories, DEPARTMENT approval is required. To secure approval, the GOVERNMENTAL BODY must submit
a written request to the DEPARTMENT detailing the amount of transfer, the cost categories from and to which the
transfer is to be made, and rational for the transfer.
G. Subcontracting/Procurement Procedures/Employment of Department Personnel
1. Subcontracting. Subcontracting, assignment or transfer of all or part of the interests of the
GOVERNMENTAL BODY concerning any of the obligations covered by this Agreement is prohibited without
prior written consent of the DEPARTMENT.
2. Procurement of Goods or Services — Federal Funds. For purchases of products or services with
any Federal funds that cost more than $3,000.00 but less than the simplified acquisition threshold fixed at
41 U.S.0 403(11), (currently set at $100,000.00) the GOVERNMENTAL BODY shall obtain price or rate
quotations from an adequate number (at least three) of qualified sources. Procurement of products or
services with any Federal funds for $100,000 or more will require the GOVERNMENTAL BODY to use the
Invitation for Bid process or the Request for Proposal process. In the absence of formal codified
procedures of the GOVERNMENTAL BODY, the procedures of the DEPARTMENT will be used, provided that
the procurement procedures conform to the provisions in Part 3(K) below. The GOVERNMENTAL BODY
may only procure products or services from one source with any Federal funds H: (1) the products or
services are available only from a single source; or (2) the DEPARTMENT authorizes such a procedure; or,
(3) after solicitation of a number of sources, competition is determined inadequate.
3. Procurement of Goods or Services — State Funds. For purchases of products or services with
any State of Illinois funds that cost more than $20,000.00, ($10,000.00 for professional and artistic
services) but less than the small purchase amount set by the Illinois Procurement Code Rules, (currently
set at $50,000.00 and $20,000.00 for professional and artistic services) the GOVERNMENTAL BODY shall
obtain price or rate quotations from an adequate number (at least three) of qualified sources.
Procurement of products or services with any State of Illinois funds for $50,000.00 or more for goods and
services and $20,000.00 or more for professional and artistic services) will require the GOVERNMENTAL
Printed 5/11/2015 Page 3 of s OP-DI Morton Grove Maintenance Agreement 15 911 053 01
BOBS 9073 (Rev. 09/03%4) Appropriation Code 011. 49405-0472.0200
BODY to use the Invitation for Bid process or the Request for Proposal process. In the absence of formal
codified procedures of the GOVERNMENTAL BODY, the procedures of the DEPARTMENT will be used.
The GOVERNMENTAL BODY may only procure products or services from one source with any State of
Illinois funds if: (1) the products or services are available only from a single source; or (2) the
DEPARTMENT authorizes such a procedure; or, (3) after solicitation of a number of sources, competition is
determined inadequate.
The GOVERNMENTAL BODY shall include a requirement in all contracts with third parties that the
contractor or consultant will comply with the requirements of this Agreement in performing such contract,
and that the contract is subject to the terms and conditions of this Agreement.
4. EMPLOYMENT OF DEPARTMENT PERSONNEL. The GOVERNMENTAL BODY will not employ any
person or persons that are employed by the DEPARTMENT for any work required by the terms of this
Agreement while they are still employed by the DEPARTMENT.
PART 3
FEDERALLY FUNDED AGREEMENTS
[Not applicable to this Agreement.]
PART 4
SPECIFIC PROVISIONS
A. Invoices. Invoices submitted by the GOVERNMENTAL BODY will be based on the approved annual
lump sum amount for completion of Part 5, Scope of Services and as described in Part 6, Compensation for
Services. Furthermore, R any of the deliverables in Part 5 are not satisfactorily completed as determined by the
DEPARTMENT, the DEPARTMENT will advise the municipality of the deficiencies to be corrected before
invoicing will be authorized.
Any invoices/bills issued by the GOVERNMENTAL BODY to the DEPARTMENT pursuant to this Agreement shall
be sent to the following address:
Illinois Department of Transportation
District 1,
Attn.: Operations Supervisor
1916 Techny Rd.
Northbrook, IL 60062
All invoices shall be signed by an authorized representative of the GOVERNMENTAL BODY.
B. Billing and Payment. All invoices for services performed and expenses incurred by the
GOVERNMENTAL BODY prior to July 1st of each year must be presented to the DEPARTMENT no later than
July 31st of that same year for payment under this Agreement. Notwithstanding any other provision of this
Agreement, the DEPARTMENT shall not be obligated to make payment to the GOVERNMENTAL BODY on
invoices presented after said date. Failure by the GOVERNMENTAL BODY to present such invoices prior to said
date may require the GOVERNMENTAL BODY to seek payment of such invoices through the Illinois Court of
Claims and the Illinois General Assembly. No payments will be made for services performed prior to the effective
date of this Agreement. The DEPARTMENT will direct all payments to the GOVERNMENTAL BODY's remittance
address listed in this Agreement.
C. Termination. If the DEPARTMENT is dissatisfied with the GOVERNMENTAL BODY'S performance or
believes that there has been a substantial decrease in the GOVERNMENTAL BODY'S performance, the
DEPARTMENT may give written notice that remedial action shall be taken by the GOVERNMENTAL BODY within
seven (7) calendar days. If such action is not taken within the time afforded, the DEPARTMENT may terminate
the Agreement by giving seven (7) days written notice to the GOVERNMENTAL BODY. Additionally, the
DEPARTMENT or the GOVERNMENTAL BODY may terminate the Agreement by giving the other party ninety
(90) days written notice.
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BOBS 9073 (Rev. 09103114) Appropriation Code 011 - 494051472.0200
In either instance, the GOVERNMENTAL BODY shall be paid for the value of all authorized and acceptable work
performed prior to the date of termination, based upon the payment terms set forth in the Agreement.
D. Location of Service. Service to be performed by the GOVERNMENTAL BODY shall be performed as
described in Part 5.
E. Ownership of Documents/Title to Work. [Not Applicable To This Agreement].
F. Software. [Not Applicable To This Agreement].
G. Confidentiality Clause. Any documents, data, records, or other information given to or prepared by the
GOVERNMENTAL BODY pursuant to this Agreement shall not be made available to any individual or
organization without prior written approval by the DEPARTMENT. All information secured by the
GOVERNMENTAL BODY from the DEPARTMENT in connection with the performance of services pursuant to
this Agreement shall be kept confidential unless disclosure of such information is approved in writing by the
DEPARTMENT.
H. Reporting /Consultation. The GOVERNMENTAL BODY shall consult with and keep the DEPARTMENT
fully informed as to the progress of all matters covered by this Agreement.
1. Travel Expenses. Expenses for travel, lodging, or per diem is NOT allowed pursuant to this Agreement.
J. Indemnification. Unless prohibited by State law, the GOVERNMENTAL BODY agrees to hold harmless
and indemnify the DEPARTMENT, and its officials, employees, and agents, from any and all losses, expenses,
damages (including loss of use), suits, demands and claims, and shall defend any suit or action, whether at law or
in equity, based on any alleged injury or damage of any type arising from the actions or inactions of the
GOVERNMENTAL BODY and/or the GOVERNMENTAL BODY'S employees, officials, agents, contractors and
subcontractors, and shall pay all damages, judgments, costs, expenses, and fees, including attorney's fees,
incurred by the DEPARTMENT and its officials, employees and agents in connection therewith.
GOVERNMENTAL BODY shall defend, indemnify and hold the DEPARTMENT harmless against a third -party
action, suit or proceeding ( °Claim ") against the DEPARTMENT to the extent such Claim is based upon an
allegation that a Product, as of its delivery date under this Agreement, infringes a valid United States patent or
copyright or misappropriates a third party's trade secret.
K. Equal Employment Opportunities, Affirmative Action, Sexual Harassment, The GOVERNMENTAL
BODY will comply with the Illinois Human Rights Act with respect to public contracts, including equal employment
opportunity, refraining from unlawful discrimination and having a written sexual harassment policy.
L. Tax Identification Number.
GOVERNMENTAL BODY certifies that:
1. The number shown on this form is a correct taxpayer identification number (or it is
waiting for a number to be issued.), and
2. It is not subject to backup withholding because: (a) it is exempt from backup withholding,
or (b) has not been notified by the Internal Revenue Service (IRS) that it is subject to
backup withholding as a result of a failure to report all interest or dividends, or (c) the
IRS has notified the GOVERNMENTAL BODY that it is no longer subject to backup
withholding, and
3. It is a U.S. entity (including a U.S. resident alien).
NAME OF GOVERNMENTAL BODY: Village of Morton Grove
Taxpayer Identification Number: 30- 0005790 -40
Legal Status (check one):
Printed 5/112015 .. Page 5 of a OP-DI Morton Grove Maintenance Agreement 15 911 053 of
BOBS 9073 (Rev. 09/03114) Appropriation Code 011.49405. 4472 -0200
❑ Tax- exempt ® Government
❑ Nonresident Alien ❑ Other
M. International Boycott. The GOVERNMENTAL BODY certifies that neither GOVERNMENTAL BODY
nor any substantially owned affiliate is participating or shall participate in an international boycott in violation of the
U.S. Export Administration Act of 1979 or the applicable regulations of the U.S. Department of Commerce. This
applies to contracts that exceed $10,000 (30 ILCS 582).
N. Forced Labor. The GOVERNMENTAL BODY certifies it complies with the State Prohibition of Goods
from Forced Labor Act, and certifies that no foreign -made equipment, materials, or supplies furnished to the
DEPARTMENT under this Agreement have been or will be produced in whole or in part by forced labor, or
indentured labor under penal sanction (30 ILCS 583).
PART 5
SCOPE OF SERVIcE/RESPONSIBILITIES
A. The GOVERNMENTAL BODY agrees to operate and maintain specific portions of the State Highway
system that are currently under the DEPARTMENTS jurisdiction, specifically the portions of that
system located within the GOVERNMENTAL BODY's boundary as shown in Attachment A:
This maintenance location listing may be modified as appropriate and mutually agreed to by both
parties. Such modification shall be reduced to writing and must be approved by the Regional Engineer or
his or her designee on behalf of IDOT and by on behalf of the Govemmentai
Body. It is understood these modifications may result in a modification to the total payments under this
agreement. However, the parties hereby agree that a formal amendment to the agreement is not
necessary to modify the locations nor is a formal amendment necessary to modify a change in cost
associated with the change in locations provided the change in amount of total payments is less than
10 %.
B. Maintenance Requirements. The GOVERNMENTAL BODY's maintenance responsibilities include,
but are not limited to the following routine services, as necessary:
• routine surface and pothole repairs
• temporary full depth patching;
• removing expansion bumps on bituminous surfaces;
• sealing cracks and joints;
• cleaning;
• picking up litter;
• controlling snow and ice; and
• all other routine operational services.
Note: Median maintenance, when applicable, includes the following:
• sweeping;
• picking up litter;
• mowing; and
repairing surface.
C. Responsibilities. The GOVERNMENTAL BODY agrees to the following:
• must obtain written approval from the DEPARTMENT before cutting or opening the curb or the
pavement of any highway, which is covered in this AGREEMENT;
• must undertake all measures, including notifying the DEPARTMENT of the need for legal action,
to require utility owners or permit holders to adjust, maintain, repair, and restore all pavement
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BOBS 9073 (Rev. 09 /03/14) Appropriation Code 011 - 49405-4472.0200
cuts, curb openings, utility frames, municipal frames, grates, and covers that are disturbed by
settlement, construction, or repair;
must notify the DEPARTMENT of the need to inform utility owners or permit holders to pay all
costs of adjustment, maintenance, repair and restoration;
must ensure that the work adheres to all applicable laws, rules and regulations, as well as the
DEPARTMENT's standards (the most recent edition of Standard Specifications for Road and
Bridge Construction, and subsequent updates); and
must request and obtain written approval from the DEPARTMENT's Regional Engineer or his
designee before doing any extra work not specifically identified in this AGREEMENT.
PART 6
COMPENSATION FOR SERVICES
A.
Funding: State Funds (Appropriation
Code: 011- 49405 - 4472 -0200)
$1,203,500 (Estimate) 100% Share
B.
Terms and Conditions:
1. GOVERNMENTAL BODY agrees that total payment for each fiscal year from 2016 through 2025
must not exceed the previous year's total payment plus cost adjustment. [Cost adjustment means.the
previous year's total payment x % change of the Construction Cost Index, which is published in the
Engineering News Record (January edition for each year)]. Payment for the cost of approved extra
work will be added to the total funding as provided in Part 5, last paragraph;
2. The DEPARTMENT will calculate the compensation for services according to the DEPARTMENT's
Bureau of Operations Maintenance Policy Manual, Section 11- 800.2.4 Rate of Compensation; and
Section 11- 800.2.5 Empirical Formula — Municipal Maintenance of State Highways, and send an
annual letter to the GOVERNMENTAL BODY notifying it of the new annual Lump Sum approved
amount according to the attached Computation Sheet — Municipal Maintenance (Attachment A) under
the conditions stated in Section B.1 above;
3. The GOVERNMENTAL BODY must submit an invoice voucher every 3 months (quarterly), based on
the approved annual Lump Sum amount; and
4. The DEPARTMENT will pay the GOVERNMENTAL BODY's quarterly invoice vouchers on or about
September 30, December 31, March 31, and June 30 of each fiscal year, subject to the
DEPARTMENT's inspection for satisfactory operation and maintenance of covered streets.
PART 7
CERTIFICATION REGARDING LOBBYING
(49 CFR PART 20)
[NOT APPLICABLE TO THIS AGREEMENT]
Printed 5111/2015 Page 7 of 8 OP-DI Morton Grove Maintenance Agreement 15 911 053 01
Boss 9073 (Rev. 09/W14) Appropriation Code 011 - 49405.4372 -0200
(
AGREEMENT AWARD NOTIFICATION
REQUIRED FOR ALL PROJECTS
Does this project receive Federal funds? ❑ Yes ® No
Amount of Federal funds: None
Federal Project Number: NA
Name of Project: State Routes Maintenance Agreement
CFDA Number% Federal Agency, Program Title: NA
'For CFDA (Catalog of Federal Domestic Assistance) Number, refer to original Federal Award/Grant
Agreement.
Printed 5/11/2015 Page 8 of a OP-DI Morton Grove Maintenance Agreement 15 911 053 01
Botts 9073 (Rev. 09/03114) Appropriation Code 01139405.4472 -0200
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Lel?islative Summary
Resolution 15 -48
AUTHORIZING THE EXECUTION OF A CONTRACT
WITH BULK STORAGE, INC.
FOR THE PUBLIC WORKS SALT DOME REPLACEMENT PROJECT
Introduced:
Synopsis:
Purpose:
Background:
Programs, Departs or Groups Affect
Fiscal Impact:
Source of Funds:
Workload Impact:
June 8, 2015
To authorize the Village President to execute a contract with Bulk Storage, Inc. for the
Public Works Salt Dome Replacement Project.
To provide a suitable facility to economically store and load road salt, calcium chloride and
salt brine used for snow and ice control operations.
The existing salt storage building is more than 30 years old and shows significant signs of
deterioration. An engineering consultant inspected the facility in 2008 and recommended
removing the whole structure. The Public Works Department desires a new facility to have
wooden dome structure, interior and exterior lighting, calcium chloride filling station, salt
brine filling station, and a concrete loading ramp. The Public Works Department researched
and investigated design and construction of salt storage buildings in the Chicagoland area
and Midwest region and concluded a design -build project delivery method is the
predominant process used in this specialized area of building construction. The method
combines design and construction into a single contract. This differs from the usual method
of hiring an architect/engineer to design the improvement, competitively bidding the project
and hiring a contractor to construct the improvements. Public Works staff requested
proposals for design -build delivery on April 2, 2015. Two proposals were received on May
4, 2015, and reviewed by Public Works staff. Public Works staff preferred the proposal
submitted by Bulk Storage, Inc. of Beecher, Illinois and negotiated a final proposal with
refined terms that suit both parties. It is reasonable to expect the possibility of unforeseeable
changes during construction since the improvements have not yet been designed. Public
Works staff considers an amount of 10 percent of the proposal amount to be a practical limit
for contingency costs. The time delay getting formal approval of additional costs would
likely have a significant impact on the Village's preparedness for the upcoming snow and
ice control season.
Public Works Department
The proposal amount is $490,455.00
Capital Projects: A/C #305060 - 553340 Public Works Salt Dome Replacement; 2015
General Obligations Bond contains an allocation of $600,000 for Public Works Salt Dome
Replacement. In addition, we anticipate funding assistance through the consolidation of
previously unused state grant awards. These funds will be reimbursed after passage of
pending state legislation.
The Public Works Department, as part of their normal work activities, will perform the
management and implementation of the project.
Administrator Recommendation: Approval as presented.
Special Considerations or None
Requirements:
Respectfully submitted:
Tom Friel, Villde Administrator Pro -Tem
Prepared by:
Chris Tomich, Village Engineer
Reviewed by::�
Teresa FloffffiErn Liston Corporation Counsel
Reviewed by:
dy DeMonte, Director of Public Works
RESOLUTION 15 -48
AUTHORIZING THE EXECUTION OF A CONTRACT WITH
BULK STORAGE, INC.
FOR THE PUBLIC WORKS SALT DOME REPLACEMENT PROJECT
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule
unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can
exercise any power and perform any function pertaining to its government affairs, including but not limited
to the power to tax and incur debt; and
WHEREAS, the Public Works Department needs a storage building and filling stations in order to
store an adequate stockpile of road salt, calcium chloride and salt brine, as well as load trucks for snow and
ice control operations; and
WHEREAS, the existing salt storage building is more than 30 years old and the deterioration in the
reinforced concrete dome is evident by the loss of concrete in the ceiling; and
WHEREAS, an engineering consultant recommended in 2008 to demolish the entire dome,
including the foundation ringwall and erect a new wooden dome with roofing shingles; and
WHEREAS, the Public Works Department desires a new facility that includes a wooden dome
structure, interior and exterior lighting, calcium chloride filling station, salt brine filling station, and a
concrete loading ramp; and
WHEREAS, the Public Works Department has researched and investigated design and
construction of salt storage buildings in the Chicagoland area and Midwest region and concluded a
design -build project delivery method is the predominant process used in this specialized area of building
construction; and
WHEREAS, the design- bid -build project delivery method is the predominant method used in
Illinois public infrastructure projects and includes three sequential phases: contracted design of an
improvement, competitive bidding of designed improvements, and contracted construction performance;
and
WHEREAS, the design -build project delivery method combines architectural /engineering design
services with construction performance under one contract; and
WHEREAS, the Public Works Department advertised on the Village's website beginning April 2,
2015, requesting proposals on the "Public Works Salt Dome Replacement Project "; and
WHEREAS, the purchasing requirements of Municipal Code Title 1, Chapter 9, Article A, Section 4
allow for exceptions to competitive bidding procedures for professional services, like engineering and
architecture; and
WHEREAS, "Public Works Salt Dome Replacement Project" includes substantial professional
design services as well as construction performance and did not utilize competitive bidding to compare
proposals; and
WHEREAS, two proposals were received on Monday, May 4, 2015, and reviewed by Public Works
staff; and
WHEREAS, the preferred proposal was submitted by Bulk Storage, Inc. of Beecher, Illinois; and
WHEREAS, the Public Works staff negotiated a proposal with Bulk Storage, Inc. which meets all of
the Village's goals for a new facility within the budgeted amount and in time for the next winter snow
removal and ice control season; and
WHEREAS, it is reasonable to expect unforeseeable conditions may require additional measures to
complete the construction of the intended facility; and
WHEREAS, time delays associated with formal approval by the Village Board of necessary change
orders to the contract may undesirably increase the length of the duration of the work and possible disruption
to snow removal and ice control services; and
WHEREAS, it is reasonable to expect the cost of additional measures could add up to 10 percent of
the awarded contract amount; and
WHEREAS,
the terms
of this contract will
comply with the Illinois
Prevailing Wage Act; and
WHEREAS,
the 2015
General Obligation
Bond issuance contains
an allocation of $600,000 for
Public Works Salt Dome Replacement, for which the funds will be deposited into Capital Projects Fund
Account 305060 - 553340.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1. The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses
into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth.
SECTION 2. The Corporate Authorities accept the negotiated proposal of Bulk Storage, Inc. in the
amount of $490,455.00
SECTION 3. The Village President of the Village of Morton Grove is hereby authorized to execute
and the Village Clerk to attest a contract with Bulk Storage, Inc., based upon their negotiated proposal for
the Public Works Salt Dome Replacement Project in the amount of $490,455.00
SECTION 4. The Village Administrator, Director of Public Works, and Village Engineer are
authorized to execute any and all Contract Change Orders in an aggregate amount not to exceed $49,045.00
and which are necessary to meet the original intent of the contract with Bulk Storage, Inc.
SECTION 5. The Village Administrator, Director of Public Works, and the Village Engineer and/or
their designees are hereby
authorized
to take all
steps
necessary to oversee,
and implement this contract.
SECTION 6. This
Resolution
shall be in full
force and effect upon
its passage and approval.
PASSED THIS 8' DAY OF NNE 2015
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Minx
Pietron
Ramos
Thill
Witko
APPROVED BY ME THIS 8 h DAY OF .TUNE 2015
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 9`s DAY OF NNE 2015
Susan Lattanzi, Deputy Village Clerk
Village of Morton Grove
Cook County, Illinois
Village of Morton Grove
Public Works Salt Dome Replacement Project
DESIGN -BUILD SERVICES CONTRACT
This contract ( "Contract "), with an effective date of June 9, 2015 is by and between the Village
of Morton Grove ( "VILLAGE ") and Bulk Storage, Inc. ( "VENDOR ").
In consideration of the mutual covenants and promises contained herein, the parties agree as
follows:
SCOPE OF SERVICES
VENDOR shall perform the services as set forth in Attachment A (Contracted Services) and
Attachment C (Change Order), incorporated herein by reference, and shall strictly conform
to the terms and conditions of this Contract.
TERM OF AGREEMENT
This Contract shall commence on the effective date stated above, and VENDOR is
authorized to commence performance of the Contracted Services as of that date. This
Contract terminates on November 1, 2015 unless terminated earlier pursuant to the terms
and conditions of this Contract. VENDOR shall complete the Contracted Services in
accordance with the time schedule ( "Project Schedule ") set forth in Attachment A and
Attachment C issued as part of this contract, including any intermediate milestones and
phase submittals.
COMPENSATION AND PAYMENT
As compensation for the performance of the Contracted Services ( "Compensation "),
VILLAGE will pay VENDOR in the amount and manner set forth in Attachment B
( "Compensation and Payment "), incorporated herein by reference and defined in Attachment
C. VILLAGE shall not have any liability for any other expenses or costs incurred by
VENDOR other than as expressly set forth in Attachment B and Attachment C. Written
application for payment for completed work shall be submitted by VENDOR to VILLAGE
not more than once monthly on a date specified by the VILLAGE.
LIEN WAIVER
VENDOR shall promptly pay for all services, labor, materials and equipment used or
employed by VENDOR in the performance of the Contracted Services and shall maintain all
materials, equipment, structures, buildings, premises and property of VILLAGE free and
clear of mechanic's or other liens. VENDOR shall, if requested, provide VILLAGE with
reasonable evidence that all services, labor, materials and equipment have been paid in full.
1 nfAl 4 nMA1C
5 INDEPENDENT CONSULTANT
Village of Morton Grove
Public Works Salt Dome Replacement Project
For purposes of this Contract, VENDOR is an independent consultant and shall not be
deemed to be an employee, agent or joint venturer of VILLAGE. VENDOR shall be solely
responsible for the means and methods for carrying out the Contracted Services.
6 COMPLIANCE WITH THE LAW
VENDOR shall comply with all applicable statutes, ordinances, codes, regulations, consent
decrees, orders, judgments, rules, and all other requirements of any and all governmental or
judicial entities that have jurisdiction over the Contracted Services ( "Law ").
7 PERMITS AND LICENSES
VENDOR will obtain and pay for all permits and licenses, registrations, qualifications, and
other governmental authorizations required by law that are associated with VENDOR's
performance of Contracted Services. Any permits to be issued by the Village will be issued
at no cost to VENDOR.
STANDARD OF PERFORMANCE
8.1 VENDOR shall perform the Contracted Services in a manner consistent with that degree of
care and skill ordinarily exercised by members of the same profession currently practicing
under similar circumstances in the region where the project ( "Project ") is located.
8.2 VENDOR shall provide additional services as needed to correct any defects or deficiencies
in the Contracted Services and shall bear all costs related to the correction of VENDOR's
or its lower -tier VENDOR's defective or deficient performance at no additional cost to
VILLAGE.
9 HEALTH & SAFETY
9.1 VENDOR acknowledges that there may be hazardous substances, wastes, or materials as
defined by applicable Law ( "Hazardous Materials ") at the Project Site or otherwise
associated with the Contracted Services and VENDOR shall take appropriate precautions
to protect and shall be solely and continuously responsible for the health, safety and
welfare associated with its employees, subconsultants, agents and those person under the
supervision and control of the VENDOR with the performance of the Contracted Services.
9.2 VENDOR's employees, agents and the employees of its lower tier consultants who
perform the Contracted Services shall be experienced and properly trained to perform the
Contracted Services under such conditions and shall take adequate precautions to protect
human health and the environment in the performance of the Contracted Services.
9.3 In the event that VENDOR observes a potentially hazardous condition relating to the
Contracted Services, VENDOR shall bring such condition to the attention of VILLAGE.
2 of 47 6/2/2015
Village of Morton Grove
Public Works Salt Dome Replacement Project
10 CONTACT WITH REGULATORY AGENCIES
Except to the extent expressly set forth in this Contract, VENDOR shall not communicate
directly with applicable governmental regulatory agencies with regard to the Contracted
Services without prior express authorization from VILLAGE unless directed otherwise.
VENDOR shall direct inquiries from governmental regulatory agencies to VILLAGE for
appropriate response.
11 QUALITY CONTROL PLANS
When required by the Scope of Services, VENDOR shall execute a quality control plan
acceptable to VILLAGE that ensures the quality of its work products and activities. Prior to
starting the performance of the Contracted Services, VENDOR shall submit its quality
control plan for the work products and activities identified in the Scope of Services.
Submission of the quality control plan to VILLAGE will not replace in any way VENDOR's
responsibility for quality control or for its work products and activities. Notwithstanding
any review by VILLAGE, VENDOR shall be responsible for the quality of the Contracted
Services.
12 SUSPENSION OF SERVICES
VILLAGE may, at any time, with or without cause, suspend all or any portion of the
Contracted Services for a period of up to 90 days ( "Suspended Services "). VENDOR shall
immediately stop the performance of the Suspended Services, until such time as VILLAGE
issues direction to VENDOR to resume the Suspended Services. VENDOR shall take such
action as is reasonably necessary to protect the Suspended Services and take such additional
action as directed by VILLAGE. An equitable adjustment may be made in accordance with
the Change Order procedures of this Contract.
13 FORCE MAJEURE
VILLAGE shall not be responsible for delay in the performance of its obligations under this
Contract caused by a force majeure event. To the extent that Contracted Services are
delayed by a force majeure event, VENDOR will be entitled to an equitable adjustment. For
purposes of this Contract, a "force majeure event" is an occurrence or circumstance beyond
the control of the claiming party and may include, but is not limited to extraordinary weather
conditions, or other natural catastrophes, war, riots, strikes, lockouts, or other industrial
disturbances or acts of any governmental agencies.
14 TERMINATION FOR CONVENIENCE
All or part of this Contract may be terminated by VILLAGE for its convenience. In such
event, VENDOR will be entitled to Compensation for Contracted Services performed up to
the date of termination. VENDOR shall not be entitled to compensation or profit for
Contracted Services not performed.
4 of d7 �J^
Village of Morton Grove
Public Works Salt Dome Replacement Project
15 TERMINATION FOR DEFAULT
15.1 VILLAGE may at any time, by written notice, terminate the whole or any part of this
Contract for default ( "Termination for Default") upon failure of VENDOR to promptly
cure such default in such time as VILLAGE may reasonably allow. For the purposes of
this Contract, default includes but is not limited to:
A. Failure to strictly adhere to the terms and conditions of this Contract;
B. Failure to maintain progress so as to endanger proper performance of the Contracted
Services; or
C. Failure to maintain adequate financial or legal capacity to properly complete the
Contracted Services.
15.2 In the event of Termination for Default, VENDOR will be compensated for the Contracted
Services properly performed prior to such termination for default. VILLAGE may
withhold any outstanding Compensation otherwise due to VENDOR pending final
completion and acceptance of the Contracted Services and an accounting of related costs.
In the event that the withheld amount exceeds the damages associated with VENDOR's
default, VILLAGE shall promptly pay such excess funds to VENDOR. In the event of a
shortfall between such costs and any amounts due to VENDOR, VENDOR shall promptly
pay VILLAGE for such shortfall within 3 days of VILLAGE's written demand for such
payment.
15.3 If, after notice of Termination for Default, it is determined for any reason that VENDOR
was not in default, the rights and obligations of the parties shall be the same as if the notice
of termination had been issued pursuant to Termination for Convenience.
16 INSURANCE
16.1 VENDOR shall procure and maintain, for the duration of the contract, insurance against
claims for injuries to persons or damages to property, which may arise from or in
conjunction with the performance of the work hereunder by the VENDOR, his agents,
representatives, employees or subconsultants.
162 Minimum Scope of Insurance - Coverage shall be at least as broad as the scope described
in "Contracted Services ".
16.3 Minimum Limits of Insurance — VENDOR shall maintain limits no less than the limits
described in "Contracted Services"
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Public Works Salt Dome Replacement Project
17 INDEMNITY
17.1 To the fullest extent permitted by law, the VENDOR hereby agrees to defend, indemnify
and hold harmless the Village, its officials, agents and employees, against all injuries,
deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, cost and
expenses, which may in anywise accrue against the Village, its officials, agents and
employees, arising in whole or in part or in consequence of the performance of this work
by the VENDOR, its employees, or subcontractors, or which may in anywise result
therefore, except that arising out of the sole legal cause of the Village, its agents or
employees, the VENDOR shall, at its own expense, appear, defend and pay all charges of
attorneys and all costs and other expenses arising therefore or incurred in connections
therewith, and, if any judgment shall be rendered against the Village, its officials, agents
and employees, in any such action, the VENDOR shall, at its own expense, satisfy and
discharge the same.
17.2 VENDOR expressly understands and agrees that any performance bond or insurance
policies required by this contract, or otherwise provided by the VENDOR, shall in no way
limit the responsibility to indemnify, keep and save harmless and defend the Village, its
officials, agents and employees as herein provided.
17.3 The VENDOR further agrees that to the extent that money is due the VENDOR by virtue
of this contract as shall be considered necessary in the judgment of the Village, may be
retained by the Village to protect itself against said loss until such claims, suits, or
judgments shall have been settled or discharged and/or evidence to that effect shall have
been fiunished to the satisfaction of the Village.
17.4 VENDOR shall not be liable under this Article to the extent that such Loss was caused by
the sole negligence or willful misconduct of VILLAGE.
18 INFRINGEMENT
VENDOR shall not infringe upon any intellectual property (including but not limited to
patents, trademarks or copyrights) ( "hntellectual Property ") in the performance of this
Contract. In the event that VENDOR is alleged to have infringed upon such Intellectual
Property, in addition to VENDOR's obligations under the Indemnity provisions above,
VENDOR shall, at the sole discretion of VILLAGE and at VENDOR's sole expense:
A. Procure for VILLAGE the right to continue using the infringing subject matter;
B. Replace or modify the infringing subject matter so that it becomes non - infringing but
still complies with the requirements of the Contract; or
C. Reimburse VILLAGE for all payments made to VENDOR relating to or impacted by
the infringing material and all costs incurred by VILLAGE resulting from such
infringement.
Village of Morton Grove
Public Works Salt Dome Replacement Project
19 DISPUTES
19.1 Any dispute related to this Contract shall be submitted to a panel consisting of at least one
representative of each party who shall have the authority to enter into an agreement to
resolve the dispute. The panel may meet or may conduct its discussions by telephone or
other electronic means. In the event that the panel is unable to reach a mutual resolution of
the dispute, or has failed to convene within two weeks of the request of either party, the
matter may be referred by either party to a court of appropriate jurisdiction.
19.2 All communications between the parties or their representatives in connection with the
attempted resolution of any dispute shall be confidential and deemed to have been
delivered in furtherance of dispute settlement and shall be exempt from discovery and
production, and shall not be admissible in evidence whether as an admission or otherwise,
in any arbitration, judicial or other proceeding for the resolution of the dispute.
19.3 Pending any final judicial decision or settlement, VENDOR shall proceed diligently with
the Contracted Services.
20 NOTICE
20.1 Any notice or communication required or permitted by this Contract shall be deemed
sufficiently given if in writing and when delivered personally or upon receipt of registered
or certified mail, postage prepaid with the U.S. Postal Service, and addressed as follows:
VILLAGE:
Village of Morton Grove
Public Works Department
7840 North Nagle Avenue
Morton Grove, Illinois 60053
Attn: Mr. Andy DeMonte
Director of Public Works
or,
VENDOR:
Bulk Storage, Inc.
28101 South Yates Avenue
Beecher, Illinois 60401 -3603
Attn: Ted Decry, President
or to such other address as the party to whom notice is to be given has furnished by the
receiving party in writing.
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21 REMEDIES
Village of Morton Grove
Public Works Salt Dome Replacement Prniect
No remedies or rights conferred upon VILLAGE by this Contract are intended to be
exclusive of any remedy or right provided by law or equity, but each shall be cumulative and
shall be in addition to every other remedy or right given herein or now or hereafter existing
at law or in equity.
22 CONFIDENTIAL INFORMATION
22.1 All information and data disclosed by VILLAGE or otherwise developed or obtained under
this Contract shall be deemed to be proprietary and confidential information ("Confidential
Information ").
22.2 VENDOR shall not disclose Confidential Information without VILLAGE's written
consent. Those persons under VENDOR's control shall not use Confidential Information
for any purpose other than for the proper performance of the Contracted Services.
22.3 VENDOR's obligations under this Article shall not apply to Confidential Information that
is:
A. In the public domain without breach of this Contract;
B. Developed independently by VENDOR;
C. Received by VENDOR on a non - confidential basis from others who had a right to
disclosure such Confidential Information; or
D. Required to be disclosed by Law, but only after actual prior written notice has been
received by VILLAGE and VILLAGE has had a reasonable opportunity to protect
disclosure of such Confidential Information.
22.4 VENDOR shall ensure that the foregoing obligations of confidentiality and use also extend
and bind the employees and agents of VENDOR and its lower -tier subconsultants and
VENDORs who have been provided access to the Confidential Information under this
Contract.
23 RIGHTS IN DATA
23.1 VENDOR agrees that all data and information in hard copy, electronic, or any other
format, disclosed, developed or obtained under this Contract ( "Data "), other than
VENDOR's Confidential Information, shall be and remain the sole property of VILLAGE.
Delivery of the Data to VILLAGE shall be a precondition for Final Payment.
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Village of Morton Grove
Public Works Salt Dome Replacement Project
23.2 VENDOR shall promptly deliver all Data to VILLAGE upon VILLAGE's request.
VENDOR shall be fully responsible for the care and protection of the Data until such
delivery. VENDOR may retain one copy of the Data for VENDOR's archives subject to
VENDOR's continued compliance with the provisions of this Article.
23.3 VENDOR agrees not to assert, or to allow persons performing under VENDOR's control,
to assert any rights to Data or establish any claim under design, patent or copyright laws.
It is expressly agreed that all copyrightable or patentable Data produced under the
Contracted Services has been specifically commissioned by VILLAGE, shall be
considered "work for hire ", and that all copyrightable and other proprietary rights therein
shall vest solely in VILLAGE.
23.4 VENDOR understands and agrees that all rights under copyright and patent laws under this
Contract belong to VILLAGE. VENDOR hereby assigns any and all rights, title and
interests under copyright, trademark and patent law to VILLAGE, and agrees to assist
VILLAGE in perfecting the same at VILLAGE's expense. Except as otherwise provided in
this Contract, said documents shall be delivered to VILLAGE without additional cost to
VILLAGE.
24 COMPONENT WARRANTY
24.1 VENDOR represents and warrants that all information technology components, including,
but not limited to hardware, software, accessories and peripherals, tools and utilities
(collectively, "Components ") provided by it and/or delivered to VILLAGE as part of this
Contract will accurately process date /time data (including, but not limited to, calculating,
comparing, and sequencing) from, into, and between the twentieth and twenty -first
centuries, and leap year calculations. Furthermore, Components, when used in
combination with other components, shall accurately process date /time data if the other
components properly exchanges date /time data with it. This warranty shall survive for the
full term of the applicable statute of limitations.
24.2 Within 5 days of discovery of any non - compliance, the discovering party shall notify the
other party and, at VILLAGE'S sole option VENDOR shall, within 10 days of notice,
repair or replace the non - compliant component at no cost to VILLAGE or refund
VILLAGE's purchase price.
25 EQUAL EMPLOYMENT OPPORTUNITY
25.1 In the event of the contractor's noncompliance with any provision of this Equal
Employment Opportunity clause, the Illinois Human Rights Act, or the Rules and
Regulations of the Illinois Department of Human Rights "Department", the VENDOR may
be declared ineligible for future contracts or subcontracts with the State of Illinois or any
of its political subdivisions or municipal corporations, and the contract may be cancelled or
voided in whole or in part, and such other sanctions or penalties may be imposed or
remedies invoked as provided by statute or regulation.
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Village of Morton Grove
Public Works Salt Dome Replacement Project
25.2 During the performance of this contract, the contractor agrees as follows:
A. That it will not discriminate against any employee or applicant for employment on the
basis of race, age, marital status, color, religion, sex, physical or mental handicap
unrelated to ability, national origin or ancestry or an unfavorable discharge from
military service; and further that they will examine all job classifications to determine
if minorities or women are underutilized and shall take appropriate affirmative action
to rectify any such underutilization.
B. That, if it hires additional employees in order to perform this contract or any portion
hereof, they shall determine the availability (in accordance with the Department's rules
of minorities and women in the area(s) from which they may reasonably recruit, and it
will hire for each applicable job classification for which employees are hired in such
manner that minorities and women are not underutilized.
C. That, in all solicitations or advertisements for employees placed by it or on its behalf, it
will state that all applicants will be afforded equal opportunity without discrimination
based on race, color, religion, sex, national origin or ancestry, marital status, age
physical or mental handicap unrelated to ability or an unfavorable discharge from the
military.
D. That it shall send to each labor organization or representative of workers with which it
has or is bound by a collective bargaining or other agreement or understanding, a
notice advising such labor organization or representative of the contractor's obligations
under the Illinois Human Rights Act and the Department's Rules. If any such labor
organization or representative fails or refuses to cooperate with the contractor in their
efforts to comply with such Act and Rules, the contractor shall promptly so notify the
Department and the contracting agency, and shall recruit employees from other sources
when necessary to fulfill their obligations thereunder.
E. That it shall submit reports as required by the Department's Rules and furnish all
relevant information as may from time to time be requested by the Department or the
contracting agency, and in all respects comply with the Illinois Human Rights Act and
the Department's Rules.
F. That it shall permit access to all relevant books, records, accounts and work sites by
Personnel of the Department and the contracting agency for purposes of investigation
to ascertain compliance with the Illinois Human Rights Act and the Department's
Rules.
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Village of Morton Grove
Public Works Salt Dome Replacement Project
G. That it shall include verbatim or by reference the provisions of this clause in every
subcontract it awards under which any portion of the contract obligations are
undertaken or assumed so that such provisions will be binding upon such
subcontractor. In the same manner as with other provisions of this contract, the
contractor will be liable for compliance with applicable provisions of this clause by
such subcontractors; and further it will promptly notify the Department or contracting
agency in the event any subcontractor fails or refuses to comply therewith. In addition,
no contractor shall utilize any subcontractor declared by the Illinois Human Rights
Commission to be ineligible for contracts or subcontracts with the State of Illinois or
any of its political subdivisions or municipal corporations.
26 COMPLIANCE WITH FREEDOM OF INFORMATION ACT REQUEST
26.1 The Illinois Freedom of Information Act (FOIA) has been amended and effective January
1, 2010, adds a new provision to Section 7 of the Act which applies to public records in the
possession of a party with whom the VILLAGE has contracted. The VILLAGE will have
only a very short period of time from receipt of a FOIA request to comply with the request,
and there is a significant amount of work required to process a request including collating
and reviewing the information.
26.2 The undersigned acknowledges the requirements of FOIA and agrees to comply with all
requests made by the VILLAGE for public records (as that term is defined by Section 2(c)
of FOIA) in the undersigned's possession and to provide the requested public records to
the VILLAGE within two (2) business days of the request being made by the VILLAGE.
The undersigned agrees to indemnify and hold harmless the VILLAGE from all claims,
costs, penalty, losses and injuries (including but not limited to, attorney's fees, other
professional fees, court costs and/or arbitration or other dispute resolution costs) arising
out of or relating to its failure to provide the public records to the VILLAGE under this
agreement.
27 SURVIVAL OF TERMS
Articles on Indemnity, Confidential Information and Rights in Data shall survive
termination of this Contract.
28 ASSIGNMENT AND CONTRACTING
28.1 VENDOR shall not assign or contract this Contract nor any rights or obligations herein
without the prior written consent of VILLAGE. In the event this Contract is assigned or
contracted by VENDOR, VENDOR shall remain responsible to VILLAGE for the proper
performance of VENDOR's obligations under this Contract.
28.2 The terms and conditions of VENDOR's contracts or assignments under this Contract
shall, at a minimum, require the VENDOR or assignee to fully comply with this Contract
unless otherwise authorized in writing by VILLAGE.
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29 AMENDMENT AND WAIVER
Village of Morton Grove
Public Works Salt Dome Replacement Project
This Contract may be amended only by a writing executed by each of the parties. Either
party may waive any provision of this Contract to the extent such provision is for the benefit
of such waiving party. No action taken pursuant to this Contract shall be deemed to
constitute a waiver by that party of it's or the other party's compliance with any
representations or warranties or with any other provision of this Contract. No waiver by
either party of a breach of any provision of this Contract shall be construed as a waiver of
any subsequent or different breach, and no forbearance by a party to seek a remedy for
noncompliance or breach by the other party shall be construed as a waiver of any right or
remedy with respect to such noncompliance or breach."
30 SEVERABILITY
The invalidity or unenforceability of any particular provision of this Contract shall not affect
the other provisions, and this Contract shall be construed in all respects as if any invalid or
unenforceable provision were omitted.
31 GOVERNING LAW
The validity, construction and performance of this Contract and all disputes between the
parties arising out of or related to this Contract shall be governed by the laws, without regard
to the law as to choice or conflict of law, of the jurisdiction set forth in the Contract, or if not
expressly set forth, in the jurisdiction where the Project Site is located.
32 VENUE, JURISDICTION AND SERVICE OF PROCESS
The parties agree that any suit, action or proceeding arising out of or related to this Contract
shall be instituted in the Federal District Court (Chicago) or in the appropriate state court in
Cook County, Illinois, and each party irrevocably submits to the jurisdiction of those courts
and waives any and all objections to jurisdiction or venue that it may have under the laws of
such state or otherwise in those courts in any such suit, action, or proceeding.
33 CONFLICT OF INTEREST
The VENDOR represents and certifies that, to the best of its knowledge,
A. No Village employee or agent is interested in the business of the VENDOR or this
Contract;
B. As of the date of this Contract neither the VENDOR nor any person employed or
associated with the VENDOR has any interest that would conflict in any manner or
degree with the performance of the obligations under this Contract; and
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Village of Morton Grove
Public Works Salt Dome Replacement Project
C. Neither the VENDOR nor any person employed by or associated with the VENDOR
shall at any time during the term of this Agreement obtain or acquire any interest that
would conflict in any manner or degree with the performance of the obligations under
this Contract.
34 NO COLLUSION
34.1 The VENDOR represents and certifies that the VENDOR is not barred from contracting
with a unit of state or local government as a result of
A. A delinquency in the payment of any tax administered by the Illinois Department of
Revenue unless the VENDOR is contesting, in accordance with the procedures
established by the appropriate revenue act, its liability for the tax or the amount of the
tax, as set forth in Section 11 -42. 1 -1 et seq. of the Illinois Municipal Code, 65 ILCS
5/11 -42. 1 -1 et seq.; or
B. A violation of either Section 33E -3 or Section 33E4 or Article 33E of the Criminal
Code of 1961, 720 ILCS 5/22E -1 et seq.
34.2 The VENDOR represents that the only persons, firms, or corporations interested in this
Agreement as principals are those disclosed to the Village prior to the execution of this
Contract, and that this Contract is made without collusion with any other person, firm, or
corporation.
34.3 If at any time it shall be found that the VENDOR has, in procuring this Contract, colluded
with any other person, firm, or corporation, then the VENDOR shall be liable to the
Village for all loss or damage that the Village may suffer, and this Contract shall, at the
Village's option, be null and void.
35 CHANGE ORDERS
35.1 VILLAGE may, from time to time, order modifications or changes in the scope of the
Contracted Services ( "Changes ") by written change order in the form of Attachment C
( "Change Order "), incorporated herein by reference. In addition, Change Orders may be
requested by VENDOR based upon material changes to the Contracted Services. Change
Orders shall consist of additions to, deletions from or other revisions to the Contracted
Services, including those required by modifications or change orders to the related Prime
Contract. Within 10 days after the date of such Change Order or material change, and in
any event prior to the commencement of such revised Contracted Services, VENDOR shall
notify VILLAGE in writing if VENDOR requests a change in the Compensation and/or
Project Schedule and shall clearly state VENDOR's justification for the Change Order. If
approved by VILLAGE, an equitable adjustment will be made as appropriate.
35.2 FAILURE OF VENDOR TO COMPLY WITH THE REQUIREMENTS OF THIS
ARTICLE SHALL CONSTITUTE A WAIVER OF SUCH CLAIM BY VENDOR.
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Public Works Salt Dome Replacement Project
35.3 Failure of the parties to agree on whether the Change Order constitutes a compensible
change to the Compensation or should result in a change in the Project Schedule shall be
subject to the Disputes provisions of this Contract. VENDOR shall diligently proceed
with the Contracted Services as directed by VILLAGE, including any directed changes or
potential changes in the Contracted Services, pending resolution of such Dispute.
36 ENTIRE AGREEMENT
36.1 This Contract embodies the entire agreement and understanding between the parties
pertaining to the subject matter of this Contract, and supersedes all prior agreements,
understandings, negotiations, representations and discussions, whether verbal or written, of
the parties, pertaining to that subject matter.
36.2 The following exhibits are attached and made part of this agreement:
36.3 Attachment A — Contracted Services
36.4 Attachment B — Compensation and Payment
36.5 Attachment C — Change Order
VILLAGE
Signature
Daniel P. DiMaria
Bulk Storage, Inc.
Signature
Village President President
June 8, 2015
Date
I � .. A.
Date
1. NEGOTIATED PROPOSAL
Village of Morton Grove
Public Works Salt Dome Replacement Project
Attachment A
Contracted Services
The terms of contracted services that follow are the result of this negotiated proposal
( "Negotiated Proposal') that followed a process of a Request for Proposals for "Public
Works Salt Dome Replacement Project' issued by VILLAGE on April 2, 1015; a Proposal
issued by VENDOR and submitted to VILLAGE on May 4, 2015; and subsequent refinement
of terms, schedule and price between VILLAGE and VENDOR. Written information issued
by or submitted to VILLAGE as part of this process is intended to be explicitly incorporated
in the following terms and conditions of the Work and is incorporated herein by reference.
The following terms and conditions of the Work are intended to supersede the referenced
information in the case of a conflict between referenced information and the following terms
and condition of the Work.
VENDOR shall provide professional design and construction services for VILLAGE as
described in the below.
2. PROJECT DELIVERY
A design/build project delivery process will be utilized for this project. The design/build
project delivery process is a process characterized for its single point of responsibility in
managing, directing and coordinating the design and construction of a project whereby an
entity signs a single contract with a client to provide a combination of services that includes
architectural /engineering and construction services. Design, as used in the term design/build
identifying the project delivery process, shall mean architectural/engineering services.
Technical submissions associated with this project shall conform to requirements of the
Illinois design professions Acts.
3. SCOPE OF WORK
The Work shall be defined as the design of demolition and construction plans; demolition of
an existing reinforced concrete dome structure, concrete loading ramp, concrete walls for
material storage, and calcium chloride filling station; and construction of a pre - engineered
Dome style structure, concrete base wall, asphalt pad, asphalt apron, interior and exterior
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Public Works Salt Dome Replacement Project
LED lighting, calcium chloride filling station, salt brine filling station, and a concrete loading
ramp.
4. EXISTING FACILITIES
The existing facility consists of a 75 -foot diameter reinforced concrete dome structure;
concrete floor; asphalt apron; a 277/480V, 100 -amp electrical subpanel with branch circuitry;
calcium chloride filling station; concrete walls for material storage; guardrail; and a concrete
loading ramp.
The existing concrete dome structure, concrete floor, and a concrete loading ramp will be
demolished. The calcium chloride filling station shall be demolished, except one pump will
be salvaged. The pump to be salvaged will be protected from damage and remain the
property of the Village. The existing electrical subpanel near the dome structure is to be
salvaged and shall be reinstalled with the new facility.
The demolition of the concrete dome structure will include the removal and disposal of all
reinforced concrete above and seven inches below grade; wooden, shingled canopy, calcium
chloride storage tank; and all plumbing associated with the calcium chloride filling station.
Suitable aggregate material may remain in place for reuse in the proposed facilities.
The demolition of the concrete ramp and concrete walls for material storage will include the
removal and disposal of all concrete above and seven inches below grade. Suitable aggregate
material may remain in place for reuse in the proposed facilities.
5. PROPOSED FACILITIES
The proposed facility will consist of a pre - engineered Dome style structure, concrete base
wall, asphalt pad, asphalt apron, interior and exterior LED lighting, calcium chloride filling
station, salt brine filling station, and a concrete loading ramp.
The asphalt pad shall serve as a foundation for the concrete base wall. The pre - engineered
wooden dome structure shall be installed on top of the concrete base wall.
The design service life of the assembled dome and ring wall of the proposed structure shall
equal or exceed 50 years.
6. PRE - ENGINEERED DOME STYLE SALT STORAGE BUILDING
The Contractor shall design, furnish and construct a Dome style storage building suitable for
storing salt or sand for ice and snow control that substantially conforms to the building
provided in the attached exhibits.
1 G .,f d7 � ,,,
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Village of Morton Grove
Public Works Salt Dome Replacement Project
The structure shall be pre - engineered by a manufacturer and designed by an architect or
engineer licensed by the State of Illinois to be physically and structurally compatible with the
concrete base wall.
The rated capacity of shall be a minimum of 4,281 tons, based upon a material unit weight of
80 pounds per cubic foot and an angle of repose of 33 degrees.
The Dome style structure shall have a 40 -foot interior radius and the overall highest point
measured outside the structure shall be 44' -6 ".
The profile of the building will provide a minimum vertical interior clearance height of 13'-
6" as measured from the inside of the concrete base wall.
The top area of the Dome style structure must be "walkable" to provide sufficient area for
safe removal of optional filler hatch.
The minimum finished doorway height shall be 16 feet and the minimum doorway width
shall be 15 feet.
A two -leaf sliding door system shall be furnished and installed to provide full enclosure of
the storage facility. The design of the two -leaf sliding door system shall be subject to eh
approval of the Village.
The minimum usable floor area shall be 5,222 square feet.
The building shall be designed to meet a roof load of 30 pounds per square foot and a wind
load of 90 miles per hour.
The building shall be constructed of pre - engineered manufactured triangular panels. Panel
frames shall be made of SPF #2 or better kiln -dried to 15% moisture content and SYP #2 or
better on edges and field rafters. All panels shall be framed 16 inches on center and
assembled with galvanized nails. Lumber shall conform to PS- 20 -15.
Plywood sheathing shall be '/z -inch CDX agency rated, conforming to PS -1 -09. Sheathing
Shall be glued to panel framing and mechanically fastened with 1 -1/2 -inch, 16- gauge,
galvanized staples at 6 inches on center. Adhesive shall be water resistant and applied in
conformance with manufacturer's specifications.
Sill plates shall be pressure treated Southern Pine conforming to American Wood Protection
Association Standard UC -2 Interior/Damp.
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Hardware shall be 3/8 -inch x 3 -1/2 -inch hot - dipped galvanized carriage bolts conforming to
ASTM A037. Nails shall be galvanized 16D common nails.
Assembly of panels must be performed according to manufacturer's drawings. Triangular
panels shall be bolted, glued between edges with construction adhesives, and clipped with
tension clops on all common vertical edges.
Door canopy and dormer shall be constructed on site with material similar to Dome panels.
Door canopy shall be gambrel -style with a minimum 5 vertical:12 horizontal ratio pitch.
Sidewalls shall be covered on all exterior sides with vinyl siding with 50 -year guarantee with
the color to be chosen by the Village.
The building shall include a ventilation fan suitable for the purpose of maintaining fresh air
inside the building and preventing the accumulation of harmful vehicle exhaust emissions.
7. ROOFING
Shingles shall be self - sealing tab asphalt shingle with organic or fiberglass mat and have a
40 -year manufacturer's pro -rated warrantee.
Underlayment shall be non - perforated, 15- pound, asphalt - saturated felt conforming to ASTM
D- 226 -68. All roofing shall be installed with large, galvanized roofing nails conforming to
the manufacturer's specifications.
The owner shall select the color of the shingles.
Flashing shall be 24 -gauge aluminum drip flashing.
Roofing shall be installed according to the shingle manufacturer's specifications. The
Contractor may apply roofing felt and shingles on the ground before panels are lifted into
place. The overlaps and seams shall be sealed according to building manufacturer's
recommendations.
The roof shall include a gravity roof ventilator on the top of the building to provide net -free
area of 1/600 of net floor area. Roof vents shall be plastic or aluminum.
8. CONCRETE BASE WALL
A concrete base wall shall be designed and constructed on top of the asphalt pad as described
below.
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Village of Morton Grove
Public. Works Salt Dome Replacement Project
The concrete base wall shall have a finished height of 12 feet above the finished grade of the
asphalt pad and shall be designed by an architect or engineer licensed by the State of Illinois.
The
concrete structure shall be reinforced
with
prefabricated epoxy- coated, deformed steel
bars
conforming to ASTM -AG 1572 Grade
60.
The concrete base wall shall include an underground grade beam across the door opening that
will provide structural continuity to resistance of outward horizontal loading. The grade
beam shall be excavated to a minimum of 48 inches below grade and shall conform to the
attached exhibits.
Anchor bolts shall be used to mechanically connect the Dome style structure to the concrete
base wall. Anchor bolts shall be hot - dipped galvanized conforming to ASTM A307 and shall
have yield strength of 36,000 pounds per square inch. The top of the anchor bolts shall have
corrosion protection in excess of galvanizing to reduce the corrosion rate from salt.
The concrete mix design shall conform to ASTM C150 -74 or according to requirements
specified in Illinois Department of Transportation Standard Specifications for Road and
Bridge Construction, adopted January 1, 2012. The minimum compressive strength at 28
days shall be 4000 pounds per square inch. The concrete mix design shall be submitted by
the Contractor to the Village for approval.
All concrete surfaces shall be coated with SIL -ACT ATS -42 as manufactured by Advanced
Chemical Technologies, Inc. of 100 West Wilshire, Suite C -1, Oklahoma City, Oklahoma
(Alkyltrialkoxy Silane) to act as a high- performance clear water repellant
9. ASPHALT PAD
An asphalt pad shall be constructed on existing subgrade material. The existing subgrade is
anticipated to be granular material or cohesive soils suitable for supporting the proposed
structure and loading.
The asphalt pad shall be 6 inches thick. Cost adjustments for deviations from this thickness
shall be according to an adjustment schedule published in the Illinois Department of
Transportation Standard Specifications for Road and Bridge Construction, adopted January 1,
2012.
The existing aggregate base material under the existing structure is intended to remain in
place and be incorporated into the base course for the asphalt pad. Additional aggregate may
be needed to adjust the pad to the proposed grade. The cost of this material is included in the
Negotiated Proposal Price. The cost of removing existing unsuitable aggregate or subgrade
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material and replacing removed material with aggregate shall not be included in the
Negotiated Proposal Price and shall be compensated as a negotiated lump sum price or as
force account.
The dimensions of the asphalt pad shall approximate a rectangle shape with an area of 2,300
square yards, which will have an approximate yield weight of 780 tons. The cost of
constructing a larger or smaller area shall be based upon a unit price per ton.
10. ELECTRICAL SYSTEM
The proposed facility shall include renovation of the existing electrical system to provide
electrical service to the proposed lighting system and proposed filling stations. Any removal,
reinstallation or replacement of electrical conductors is included in the work.
All work shall conform to the 2014 edition of National Electrical Code.
All lighting fixtures shall be compatible with industrial applications and shall be moisture
proof. Each fixture shall provide no less than 11,700 lumens exiting the fixture. All fixtures
shall conform to ANSI C78.377, IES LM -79, IES LM -80 -08 and UL 8750.
The interior of the structure shall be illuminated by three light - emitting diode fixtures spaced
around the upper one -third of the structure. They shall be installed so as not to be hidden or
obstructed by any building construction and aligned to completely illuminate the full interior
of the building.
The exterior of the building shall be illuminated by two light - emitting diode fixtures. One
fixture shall illuminate the filling stations. The other fixture shall illuminate the material
storage area adjacent to the western side of the structure. Each fixture shall provide no less
than 11,700 lumens exiting the fixture.
Approximately 10 feet of deteriorated, underground, electrical conduit shall be replaced and
extended to the re- installed electrical panel mounted near the proposed building and filling
stations.
All interior conduits shall be Schedule 40 PVC conforming to the requirements of the
National Electric Code, 2014. All exterior conduits shall be rigid metal or liquidtight non-
metallic conduit. No conduit shall be less than V2 -inch diameter. All conduit shall be surface -
mounted.
All pull boxes and junction boxes inside the structure shall be weather- proof, dust -proof and
corrosion resistant. The boxes shall be surface mounted to the walls of the structure.
in ..e nn _,_ ._ _
1 wpb
Village of Morton Grove
Public Works Salt Dome Replacement Project
Switches
to
control the
interior
and exterior lighting and ventilator fan shall be flush -
mounted
and
rated for 20
amperes
for 120 /240 -line voltage.
A convenience receptacle shall be installed at exterior side of the entryway rated for 20
amperes.
The salvaged electrical panel shall be reinstalled and retrofitted as necessary to have the
capacity to control the electrical load of the proposed facility.
11. DELIVERY AND ERECTION
The building and all related materials furnished by the Contractor will be delivered to and
erected or assembled at the site specified and as per approved plans. The Contractor shall be
responsible for the safe unloading and storage or all material.
12. FILLING STATIONS
The filling station shall consist of two 5000 - gallon vertical storage tanks rated to mix and
store liquid calcium chloride and salt brine, central multi - functional liquid deicer dispensing
system and concrete mounting pad.
The central multi - functional liquid deicer dispensing system equipment shall be a single unit
capable of dispensing either calcium chloride or salt brine. The equipment shall substantially
conform to Calcote Pedestal CP -50 -RC as manufactured by GVK Inc. or equal.
13. CONCRETE LOADING RAMP
The concrete loading ramp shall be designed by the Contractor in approximately the same
location and approximately the same size as the existing ramp. The Village shall review and
approve the proposed concrete ramp.
14. DEFINITION OF TERMS
A. Construction Documents - Technical submissions.
B. Contract Documents — Compilation of documents between the parties to the contract and
may include technical submissions, Request for Proposals, Requirements for Submitting
Proposals, General Provisions, Negotiated Proposal, Contract Bond, Plans,
Specifications, and Estimates, that control the performance of the Contract.
C. Design Professional/Profession - An architect, professional land surveyor, professional
engineer, or structural engineer licensed in conformance with the respective Acts
regulated by the State of Illinois.
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D. Engineer — Village Engineer or an authorized representative limited to the particular
duties entrusted to him or her.
E. Department — The Public Works Department of the Village of Morton Grove, acting
directly or through its duly authorized officers and agents.
F. Proposer — Any individual, firm or corporation, submitting a Proposal for the work
contemplated, acting directly or through a duly authorized representative.
G. Contractor — The Proposer awarded the Contract.
H. Proposal — The initial offer of an entity to perform the work and to furnish the labor and
materials at the prices quoted according to the published "Request for Proposals" from
the Village.
I. Negotiated Proposal — The offer of an entity to perform the work and to famish the
labor, equipment and materials at the prices quoted following negotiation with and
acceptance by the Village on terms and conditions.
J. Prevailing Wage — Wages as determined by Illinois Department of Labor. Conciliation
and Mediation Division in accordance with the Illinois Prevailing Wage Act, 820 ILCS
130 /1 et seq., at the time of contract execution.
K. Department or State — The Illinois Department of Transportation or the Village of
Morton Grove, its agents and/or representatives.
L. Local Agencv — The Village of Morton Grove, its agents and/or representatives.
M. Shop Drawings - Drawings and descriptions of components or systems supplied by
contractors or manufacturers for inclusion in the project or building which generally do
not meet the requirements for technical submissions are considered shop drawings. Shop
drawings supporting documents to supplement the technical submissions, but in and of
themselves are not technical submissions.
N. Technical Submissions - Designs, drawings, specifications, studies, and other technical
reports and calculations that establish the standard of quality for materials,
workmanship, equipment, and the systems, and are prepared, signed and sealed in the
course of a design professional's practice in conformance with all applicable laws, codes
and ordinances. Technical submissions may include manufacturer's /contractor's
fabrication details of components /systems which require the design and seal of a
licensed design professional. Technical submissions intended for use in construction in
the State of Illinois shall be prepared and administered in accordance with standards of
reasonable professional skill and diligence.
O. Village — Village of Morton Grove
15, STANDARDS
The following specifications and manuals supplement the Contract Documents and are
hereby incorporated by reference:
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A. "Municipal Code Of Morton Grove"
B. "International Building Code ", 2003 edition, published by the International Code
Council, Inc.
C. "International Mechanical Code ", 2003 edition, published by the International Code
Council, Inc.
D. "Manual on Uniform Traffic Control Devices for Streets and Highways" 2009 Edition
with Revision Numbers 1 and 2 incorporated, dated May 2012 (hereinafter referred to as
the MUTCD).
E. "Illinois Department of Transportation Standard Specification for Traffic Control Items"
latest edition in effect on the date of invitation for bids (hereinafter referred to as the
Traffic Specifications.)
F. "National Electrical Code" latest edition
G. "National Electric Safety Code ", latest edition.
The above standards shall apply to the work covered by this Contract as if fully written
herein, except those items which by their nature have no application. In case of conflict with
any part or parts of the above listed specifications, the specification contained herewith shall
take precedence and shall govern.
16. PROJECT TIMING
Time is of the essence to the contract. Should the Contractor fail to complete the work within
the working days stipulated in the contract or on or before the completion date stipulated in
the contract or within such extended time as may have been allowed, the Contractor shall be
liable and pay to the Village the amount of $750 per calendar day, not as a penalty but as
liquidated damages, for each day of overrun in the contract time or such extended time as
may have been allowed. The liquidated damages for failure to complete the contract on time
are approximate, due to the impracticality of calculating and proving actual delay costs. This
schedule of deductions establishes the cost of delay to account for administration,
engineering, inspection, and supervision during periods of extended and delayed
performance. The costs of delay represented by this schedule are understood to be fair and
reasonable estimate of the costs that will be borne by the Village during extended and
delayed performance by the Contractor of the work, remaining incidental work, correction of
work improperly completed, or repair of work damaged as a result of the Contractor. The
liquidated damage amount specified will accrue and be assessed until final completion of the
total physical work of the contract even though the work may be substantially complete. The
Village will deduct these liquidated damages from any monies due or to become due to the
Contractor from the Village. When a completion date is specified, the daily charge will be
made for every day shown on the calendar beyond the specified completion date.
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17, ROYALTIES AND PATENTS
Village of Morton Grove
Public Works Salt Dome Replacement Project
The Contractor shall pay all royalties and license fees. He or she shall defend all suits or
claims for infringement of any copyright or patent rights, and shall hold and save the Village
and its officers, agents, servants and employees harmless from any and all loss and liability
of any nature or kind whatsoever, including cost and expenses of defense and attorney fees
for or on account of any copyrighted, patented or unpatented invention, process, article or
appliance manufactured or used in the performance of the contract, including its use by the
seller, unless otherwise specifically stipulated in the contract documents.
18. TAXES
The Contractor shall be required to pay all license fees, royalties for patents, all applicable
Federal, State and Local Taxes, Social Security Tax, Federal and State Employment
Insurance Taxes and other taxes pertinent to completing the work. The Village of Morton
Grove is not subject to Illinois Retailer's Occupation Tax and the Contract Price shall not
include any cost for that tax. The Village of Morton Grove will release its Tax Exempt
Number to the Contractor. It is understood the Contract Price includes all pertinent license
fees, royalties for patents and taxes described above. No additional compensation shall be
allowed for any license fees, royalties for patents and taxes that the Contractor had not
included in the Contract Price.
19, CONTRACT BONDS
The Contractor shall within fifteen days after delivery of the Notice of Award, famish the Village
with a Contract Bond, in penal sums in the amount stipulated in this specification, conditioned upon
the performance by the Contractor of all undertaking, covenants, terms, conditions, and agreements of
the Contract Documents, and upon the prompt payment by the Contractor to all persons supplying
labor and materials in the prosecution of the work provided by the Contract Documents. Such bonds
shall be executed by the Contractor and a corporate bonding company licensed to transact such
business in Illinois and name shall be on the current list of "Surety Companies Acceptable on Federal
Bonds" as published in the Treasury Department Circular Number 570. The expense of these bonds
shall be borne by the Contractor. If at any time a surety on any such bond is declared bankrupt or
loses its rights to do business in Illinois or is removed from the list off surety Companies accepted on
Federal Bonds, the Contractor shall within fifteen days after notice from the Owner to do so,
substitute an acceptable bond (or bonds) in such form and sum and signed by such other surety or
sureties as may be satisfactory to the Owner. The premiums on such bond shall be paid by the
Contractor. No further payments will be deemed due nor shall be made until the new surety or
sureties shall have famished an acceptable bond to the Owner. All bonds shall remain in full force
and effect through the guarantee period.
The Contractor shall utilize the Contract Bond form contained within the Contract Documents.
Village of Morton Grove
Public Works Salt Dome Replacement Project
The Contractor shall provide, at his expense, separate bonds written in favor of the Village of
Morton Grove. The Contract Bond shall be in a penal sum of 100% of the Contract amount.
The Contract Bond shall serve as security for faithful performance of the work and shall
comply with requirements of the Illinois Prevailing Wage Act.
The Surety named in the Contract Bond must be licensed to do business in the State of
Illinois and must be acceptable to the Village of Morton Grove.
The Contractor shall file with the Village of Morton Grove, certification that the
insurance/bonding agencies have current power to bond. The Power of Authority shall be in
the form approved by the Village of Morton Grove indicting the local agency is under current
Contract to issue bonds, etc.
20. INSURANCE
Contractor shall procure and maintain, for the duration of the contract, insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Contractor, his agents, representatives,
employees or subcontractors.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability occurrence form CG 0001 with
the Village named as additional insured on a primary and non - contributory basis. This
primary and non - contributory insured coverage shall be confirmed through the following
required policy endorsements: ISO Additional Insured Endorsement CG 2010 or CG
2026 and CG 20 0104 13.
CG2037 — Completed Operations - Required if box is checked®
1) Owners and Contractors Protective Liability (OCP) policy with the Village as
insured Required if box is checked0; and
2) Insurance Service Office Business Auto Liability coverage form number CA
0001, Symbol 01 "Any Auto."
3) Workers' Compensation as required by the Workers' Compensation Act of the
State of Illinois and Employers' Liability insurance. Coverage required for
employee exposure to lead, if box is checked
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4) Builder Risk Property Coverage with Village as loss payee - Required if box is
checked®
5) Environmental Impairment/Pollution Liability Coverage for pollution
incidents as a result of a claim for bodily injury, property damage or remediatiion
costs from an incident at, on or migrating beyond the contracted work site.
Coverage shall be extended to Non -Owned Disposal sites resulting from a
pollution incident at, on or mitigating beyond the site; and also provide coverage
for incidents occurring during transportation of pollutants. - Required if box is
checked[)
B. Minimum Limits of Insurance
Contractor shall maintain limits no less than the following, if required under above
scope:
1) Commercial General Liability: $1,000,000 combined single limit per occurrence
for bodily injury, and property damage and $1,000,000 per occurrence for personal
injury. The general aggregate shall be twice the required occurrence limit.
Minimum General Aggregate shall be no less than $2,000,000 or a project - contract
specific aggregate of $1,000,000.
2) Owners and Contractors Protective Liability (OCP); $1,000,000 combined single
limit per occurrence for bodily injury and property damage.
3) Business Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
4) Workers' Compensation and Employers' Liability: Workers' Compensation
Coverage with statutory limits and Employers' Liability limits of $500,000 per
accident.
5) Builder's Risk: Shall insure against "All Risk" of physical damage, including water
damage (flood and hydrostatic pressure not excluded), on a completed replacement
cost basis.
6) Environmental Impairment/Pollution Liability: $13000,000 combined single limit
per occurrence for bodily injury, property damage and remediation costs.
C. Deductibles and Self-Insured Retentions
Ic ^P.407 _
Village of Morton Grove
Public Works Salt Dome Replacement Project
Any deductibles or self - insured retentions must be declared to and approved by the
Village. At the option of the Village, either; the insurer shall reduce or eliminate such
deductibles or self - insured retentions as respects the Village, its officials, employees,
agents and volunteers; or the Contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1) General Liability and Automobile Liability Coverage
a. The Village, its officials, agents, employees and volunteers are to be covered as
additional insured as respects: liability arising out of the Contractor's work,
including activities performed by or on behalf of the Contractor; products and
completed operations of the Contractor; premises owned, leased or used by the
Contractor; or automobiles owned, leased, hired or borrowed by the Contractor.
The coverage shall contain no special limitations on the scope of protection
afforded to the Village, its officials, agents, employees and volunteers.
b. The Contractor's insurance coverage shall be primary and non - contributory as
respects the Village, its officials, agents, employees and volunteers. Any
insurance or self - insurance maintained by the Village, its officials, agents,
employees and volunteers shall be excess of Contractor's insurance and shall not
contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the Village, its officials, agents, employees and volunteers.
d. The Contractor's insurance shall contain a Severability of Interests /Cross Liability
clause or language stating that Contractor's insurance shall apply separately to
each insured against who claim is made or suit is brought, except with respect to
the limits of the insurer's ability.
e. If any commercial general liability insurance is being provided under an excess or
umbrella liability policy that does not "follow form," then the Contractor shall be
required to name the Village, its officials, agents, employees and volunteers as
additional insured.
f All general liability coverage's shall be provided on an occurrence policy form.
Claims -made general liability policies will not be accepted.
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g. The Contractor and all Subcontractors hereby agree to waive any limitation as to
the amount of contribution recoverable against them by the Village. This
specifically includes any limitation imposed by any state statute, regulation, or
case law including any Workers' Compensation Act provision that applies a
limitation to the amount recoverable in contribution such as Kotecki v. Cyclops
Welding.
2) Workers' Compensation and Employers' Liability Coverage
The insurer shall agree to waive all rights of subrogation against the Village, its
officials, agents, employees and volunteers for losses arising from work performed by
Contractor for the Village.
NCCI Alternate Employer Endorsement (WC 000301) in place to insure that
workers' compensation coverage applies under Contractor's coverage rather than
Village's if the Village is borrowing, leasing or in day to day control of Contractor's
employee. (Required if Box is checked) ❑
3) Professional Liability (Required if Box is checked)
a. Professional liability insurance with limits not less than $1,000,000 each claim
with respect to negligent acts, errors and omissions in connection with
professional services to be provided under the contract, with a deductible not -to-
exceed $50,000 without prior written approval.
1) If the policy is written on a claims -made form, the retroactive date must be
equal to or preceding the effective date of the contract. In the event the policy
is cancelled, non - renewed or switched to an occurrence form, the Contractor
shall be required to purchase supplemental extending reporting period
coverage for a period of not less than three (3) years.
2) Provide a certified copy of actual policy for review.
3) Required Coverage (architect, engineer, surveyor, consultant): Professional
liability insurance that provides indemnification and defense for injury or
damage arising out of acts, errors, or omissions in providing the following
professional services, but not limited to the following:
a) Preparing, approving, or failure to prepare or approve maps, drawings,
opinions, report, surveys, change orders, designs or specifications;
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Village of Morton Grove
Public Works Salt Dome Replacement Project
b) Providing direction, instruction, supervision, inspection, engineering
services or failing to provide them, if that is the primary cause of injury or
damage.
4) All Coverage
Each insurance policy required shall have the Village expressly endorsed onto the
policy as a Cancellation Notice Recipient. Should any of the policies be cancelled
before the expiration date thereof, notice will be delivered in accordance with the
policy provisions.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than A -, VII and
licensed to do business in the State of Illinois.
F. Verification of Coverage
Contractor shall furnish the Village with certificates of insurance naming the Village, its
officials, employees, agents and volunteers as additional insured, and with original
endorsements affecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf The certificates and endorsements are to be
received and approved by the Village before any work commences. The following
additional insured endorsements may be utilized: ISO Additional Insured Endorsements
CG 2010 or CG 2026 and CG 2037 - Completed Operations, where required. The Village
reserves the right to request full certified copies of the insurance policies and
endorsements.
G. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverage for
subcontractors shall be subject to all of the requirements stated herein.
H. Assumption of Liability
The contractor assumes liability for all injury to or death of any person or persons
including employees of the contractor, any sub - contractor, any supplier or any other
person and assumes liability for all damage to property sustained by any person or
persons occasioned by or in any way arising out of any work performed pursuant to this
agreement.
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21. INDEMNITY
To the fullest extent permitted by law, the Contractor hereby agrees to defend, indemnify and
hold harmless the Village, its officials, agents and employees, against all injuries, deaths,
loss, damages, claims, patent claims, suits, liabilities, judgments, cost and expenses, which
may in anywise accrue against the Village, its officials, agents and employees, arising in
whole or in part or in consequence of the performance of this work by the Contractor, its
employees, or subcontractors, or which may in anywise result therefore, except that arising
out of the sole legal cause of the Village, its employees or agents, the Contractor shall, at its
own expense, appear, defend and pay all charges of attorneys and all costs and other
expenses arising therefore or incurred in connections therewith, and, if any judgment shall be
rendered against the Village, its officials, employees and agents, in any such action, the
Contractor shall, at its own expense, satisfy and discharge the same.
Nothing set forth in the Agreement shall be deemed to be a waiver by the Village or its
Representatives under the provisions of the Illinois Local Government and Governmental
Employees Tort Immunity Act, or that are otherwise available to local governments and their
corporate authorities, officers, employees, agents and volunteers under the common law of
the State of Illinois or the United States of America.
Contractor expressly understands and agrees that any performance bond or insurance policies
required by this contract, or otherwise provided by the Contractor, shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the Village, its officials,
employees and agents as herein provided.
The Contractor further agrees that to the extent that money is due the Contractor by virtue of
this contract as shall be considered necessary in the judgment of the Village, may be retained
by the Village to protect itself against said loss until such claims, suits, or judgments shall
have been settled or discharged and/or evidence to that effect shall have been furnished to the
satisfaction of the Village.
22. CONSTRUCTION SCHEDULE
At the project pre - construction meeting, the Contractor shall submit for review and approval
by the Engineer, a detailed Construction Schedule that shall clearly indicate the sequential
procedure of work proposed to be followed to complete the Work and shall substantially
conform to the Negotiated Proposal, which served as the basis for the Village's awarding of a
Contract.
The Construction Schedule shall depict all work components and essential activities, the time
required for the completion of each of the activities, and the sequence and interdependence of
Village of Morton Grove
Public Works Salt Dome Replacement Project
each of the activities in a project timetable which will translate each project day into an
ordinary calendar day. The Contractor shall maintain the Construction Schedule, and shall
submit an updated schedule to the Engineer once monthly for review. No separate payment
will be made to the Contractor for the creation and maintenance of the Construction
Schedule. In preparing the Construction Schedule, the Contractor shall follow the required
completion date, calendar days, or additional Special Provisions as specified relating to the
Construction Schedule.
23. TRAFFIC CONTROL AND PROTECTION
Traffic control shall be in accordance with the applicable sections of the Federal Highway
Administration Manual of Uniform Traffic Control Devices (MUTCD), Illinois Supplement
to the MUTCD, and the Special Provisions contained herein.
Access for Village of Morton Grove operations (i.e. Public Works operations), fueling station
operations and emergency vehicles shall be maintained at all times during construction. The
Contractor shall be required to notify the Village at least 48 hours prior to starting work. The
Contractor shall maintain adequate access to storage bins and buildings in the vicinity of the
proposed material and equipment storage areas and construction zone. The Contractor may
propose temporary relocation of existing Village material storage areas during the Work, but
the Village shall be under no obligation to approve such changes. If the Village approves the
temporary relocation of existing Village material storage areas, the Contractor shall be
responsible for providing all labor, equipment and material to establish the temporary
facilities, to protect or restore the permanent storage area(s), to re- establish permanent
storage area(s) and to restore any areas disturbed by the relocation.
The Contractor shall submit a Traffic Control Plan to the Engineer for approval. The Traffic
Control Plan shall include at a minimum a scaled, site plan of the existing and proposed
buildings, proposed material storage areas, proposed equipment storage areas, access
route(s), and proposed construction zone. Adequate dimensioning shall be included on the
drawing to allow for verification of proposed clearance distances of access routes. The types
and locations of traffic control devices and proposed fencing shall be shown on the Traffic
Control Plan.
All costs associated with furnishing, installing, maintaining, relocating and removing traffic
control devices, including labor, materials, transportation, rental fees, handling and other
incidental items necessary to complete the work shall be consider incidental to the contract.
No additional compensation will be allowed for multiple set -ups, relocating and removing
traffic control devices.
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To ensure a prompt response to incidents involving the integrity of the work zone traffic
control devices, the Contractor shall provide a telephone number where a responsible
individual can be contacted on a 24- hour -a -day basis. The Contractor shall dispatch
sufficient resources within 2 hours of notification to make needed corrections of deficiencies
that constitute an immediate safety hazard. Other deficiencies shall be corrected within 12
hours. If the Contractor fails to restore the required traffic control and protection within the
time limits specified above, the Engineer may impose a daily monetary deduction for each
24 -hour period (or portion thereof) the deficiency exists. This time period will begin with the
time of notification to the Contractor and end with the Engineer's acceptance of the
corrections. For this project, the daily deduction will be $200 per day. In addition, if the
Contractor fails to respond, the Engineer may correct the deficiencies and the cost thereof
will be deducted from monies due or which may become due the Contractor. The corrective
action will in no way relieve the Contractor of his/her contractual requirements or
responsibilities.
Delays to the Contractor caused by complying with these requirements will be considered
incidental to the various items in the contract and no additional compensation will be
allowed.
24. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (REQUIRED BY THE
ILLINOIS FAIR EMPLOYMENT PRACTICES COMMISSION AS A MATERIAL
TERM OF ALL PUBLIC CONTRACTS):
In the event the contractor(s) or vendor(s) is(are) in noncompliance with any provision of this
Equal Employment Opportunity Clause, the Illinois Fair Employment Practices Act or the
Fair Employment Practices Commission's Rules and Regulations for public contracts, the
contractor and/or vendor may be declared non - responsible and therefore ineligible for future
contracts or subcontracts with the State of Illinois or any of its political subdivisions or
municipal corporations, and the contract may be canceled or voided in whole or in part, and
such other sanctions or penalties may be imposed or remedies invoked as provided by statute
or regulation.
During the performance of this contract, the contractor and/or vendor agree(s) as follows:
A. That it will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, national origin or ancestry; and further that it will examine all
job classifications to determine if minority persons or women are under utilized and will
take appropriate affirmative action to rectify any such under utilization.
N Village of Morton Grove
Public Works Salt Dome Replacement Project
B. That, if it hires additional employees in order to perform this contract, or any portion
thereof, it will determine the availability (in accordance with the Commission's Rules and
Regulations of Public Contracts) of minorities and women in the area(s) from which it
may reasonably recruit, and it will hire for each job classification for which employees
are hired in such a way that minorities and women are not under utilized.
C. That, in all solicitations or advertisements for employees placed by it or on its behalf, it
will state that all applicants will be afforded equal opportunity without discrimination
because of race, color, religion, sex, national origin or ancestry.
D. That, it will send to each labor organization or representative of workers with which it
has or is bound by a collective bargaining or other agreement or understanding, a notice
advising such labor organization or representative of the contractor's obligations under
the Illinois Fair Employment Practices Act and the Commission's Rules and Regulations
for Public Contracts. If any such labor organization or representative fails or refuses to
cooperate with the contractor in his efforts to comply with such Act and Rules and
Regulations, the contractor will promptly so notify the Illinois Fair Employment Practices
Commission and the contracting agency and will recruit employees from other sources
when necessary to fulfill its obligations there under.
E. That, it will submit reports as required by the Illinois Fair Employment Practices
Commission's Rules and Regulations for Public Contracts, furnish all relevant
information as may from time to time be requested by the Commission or the contracting
agency, and in all respects comply with the Illinois Fair Employment Practices Act and
the Commission's Rules and Regulations for Public Contracts.
F. That, it will permit access to all relevant books, records, accounts and work sites by
personnel of the contracting agency and the Illinois Fair Employment Practices
Commission for purposes of investigation to ascertain compliance with the Illinois Fair
Employment Practices Act and the Commission's Rules and Regulations for Public
Contacts.
G. That, it will include verbatim or by reference, the provisions of paragraphs a and g of this
clause, in every performance subcontract as defined in Section 2.10 (b) of the
Commission's Rules and Regulations for Public Contracts so that such provisions will be
binding upon every such subcontractor; and that it will also include the provisions of
paragraphs a, e, f and g in every supply subcontract as defined in Section 2.10(a) of the
Commission's Rules and Regulations for Public Contracts so that such provisions will be
binding upon every such subcontractor. hi the same manner as with other provisions of
this contract, the contractor will be liable for compliance with applicable provisions of
this clause by all its subcontractors; and further he will promptly notify the contracting
agency and the Illinois Fair Employment Practices Commission in the event any
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subcontractor fails or refuses to comply therewith. In addition, no contractor will utilize
any subcontractor declared by the Commission to be non - responsible and therefore
ineligible for contracts or subcontracts with the State of Illinois or any of its political
subdivision or municipal corporations.
With respect to the two types of subcontracts referred to under Paragraph g of the equal
employment opportunity clause above, following is an excerpt of Section 2 of the FEPC's
Rules and Regulations for Public Contracts:
Section 2.10 The term "Subcontract means any agreement, arrangement or understanding,
written or otherwise, between a contractor and any person (in which the parties do not
stand in the relationship of an employer and an employee):
i. for the furnishing of supplies or services or for the use of a real or personal property,
including lease arrangements, which, in whole or in part, is utilized in the
performance of any one or more contracts; or
ii. under which any portion of the contractor's obligation under any one or more
contracts is performed, undertaken or assumed."
25. PREVAILING WAGE
This contract is subject to the Illinois Prevailing Wage Act, 820 ILCS 130/.01 et seq. ("the
Act "). The Act requires contractors and subcontractors to pay laborers, workers and
mechanics performing services on public works projects no less than the "prevailing rate of
wages" (hourly cash wages plus fringe benefits) in the county where the work is performed.
For information regarding current prevailing wage rates, please refer to the Illinois
Department of Labor's website at: htti)://www.state.il-us/agency/idol/rates/rates.HTM. All
contractors and subcontractors rendering services under this contract must comply with all
requirements of the Act, including but not limited to, all wage, notice and record- keeping
duties.
26. EMPLOYMENT OF ILLINOIS WORKERS
This contract is funded or financed in whole or in part with State funds or funds administered
by the State of Illinois, and therefore the Contractor shall comply with Employment of
Illinois Workers on Public Works Act (30 ILCS 570/0.01 et seq.) as amended from time to
time.
27., SUBSTANCE ABUSE PREVENTION
The Contractor shall comply with and cause all subcontractors to comply with the
requirements and provisions of the Illinois Substance Abuse Prevention on Public Works
Projects Act (820 ILCS 265/1 et.seq.)
Village of Morton Grove
Public Works Salt Dome Replacement Project
28. INTEREST OF PUBLIC OFFICIALS OR EMPLOYEES
No officer or employee of the Village, or the governing body of the Village, who exercises
any responsibilities with respect to the purchase to be made shall during his or her tenure in
office have any interest, direct or indirect, in any contract or purchase order issued as a result
of this contract procurement process.
29. SUBLETTING OR ASSIGNING THE CONTRACT
The Contractor must perform at least fifty (50) percent of the total cost of the work with its
own organization. "Its own organization" shall be construed to include only workmen
employed and paid directly by the Contractor and equipment owned or rented by him with or
without operators.
30. CONTRACTOR LICENSING
The Contractor must be licensed to do business within the State of Illinois.
31, EXAMINATION OF PREMISES, MEASUREMENTS, ELEVATIONS
Contractor shall verify all measurements and center lines in which he shall be responsible for
the correctness of same and will examine the premises and satisfy himself as to the existing
conditions under which he will be obliged to work. Failure of the Contractor to notify, in
writing, of any conditions or measurements making it impossible to carry out the work as
shown and specified, will be construed as meaning no such conditions exist and no additional
monies will be added to the Contract.
No claim whatsoever will be allowed to any Contract for changes, extra work or material, not
included in the Proposer's original bid, or for a greater amount of money than the Contract
states is to be paid, for any reason, including, but not limited to subsurface or latent physical
conditions, or unknown physical conditions at the site unless the change in or addition to the
work, and/or change in the amount of money to be paid to the Proposer is first ordered in
writing by the Engineer and the additional price paid is agreed to in writing by the Engineer
and Proposer. The Proposer is responsible for making a full examination of the Site of the
proposed work, the bid documents, specifications, general conditions, plans, special
provisions, and Contract forms for submitting his bid. The Proposer is responsible for fully
informing himself as to the quality and quantity of materials required, and the character of
the work to be performed. The Proposer shall further make an investigation into the Site
prior to submitting his bid.
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32, CONFLICTS OF PLANS AND SPECIFICATIONS
The Contractor shall develop or caused to be developed design plans, specifications, and
estimates for the full scope of work to construct the Proposed Facility that conforms to the
terms of the Negotiated Proposal. The Engineer shall review and issue approval on behalf of
the Village the Plans and Specifications on the basis of the representation that these
documents will provide a full delivery of the Proposed Facility described in the Negotiated
Proposal. The Contractor shall provide all materials equipment and labor required for the
performance of the Work. The design shall be developed, signed and sealed by a design
professional licensed by the State of Illinois to design the proposed work. Contractor shall be
responsible for ensuring the design Where discrepancies exist in the quantity or quality of
materials or workmanship, or in the utilization of manufacturers' product names to establish
a standard of quality, the Proposer shall request clarify in writing to the Engineer, via fax to
(847) 965 -9511 before April 27, 2015.
33, ALTERATIONS, CANCELLATIONS, EXTENSIONS, AND DEDUCTIONS
Prior to the award of the Contract, the Village of Morton Grove reserves the right to, reduce
and /or omit any items or alternate subsections as set forth in these Contract Documents.
After the award of the Contract, all such changes must be made in writing, signed by the
Village Administrator, Director of Public Works, Engineer and the Contractor for the amount
of change as agreed to by all parties. Verbal instructions for changes or extra work shall not
be honored. Any additional work required by other Public Authorities shall be changed in
the same manner. All changes in the amount of $10,000.00 or greater must be approved by a
resolution of the Village Board of Trustees.
34, COORDINATION WITH OTHER CONTRACTORS
The Village of Morton Grove reserves the right to let other contracts in connection with this
work. The Contractor shall afford other contractors reasonable opportunity for the
introduction and storage of their materials and the execution of their work and shall properly
connect and coordinate his or her work with theirs. If any part of the contractor's work
depends on proper execution or results upon the work of any other contractor, the contractor
shall inspect and promptly report to the Engineer any defects in such work that render it
unsuitable for such proper execution and results. His or her failure to so inspect and report
shall constitute an acceptance of other contractor's work as fit and proper.
35. BASIS OF PAYMENT
The Contractor will be
paid for work completed
at the
price(s) listed in the
Contractor's
Negotiated Proposal.
Application for payment
from
the Contractor
shall
be done in
Q G ..l A'
�1'ft
Village of Morton Grove
Public Works Salt Dome Replacement Project
accordance with this provision. The Contractor shall prepare a report of the cost value of
work completed and submit it to the Engineer for approval. The Engineer shall determine the
cost value of the work completed that is due the Contractor. Written application for payment
for completed work shall be submitted to the Engineer in the form of an invoice on the
Contractor's letterhead not more than once monthly on a date specified by the Village.
The Contractor shall submit with each payment request the Contractor's Partial Waiver of
Lien for the full amount of the requested payment. Beginning with the second payment
request, and with each succeeding payment request, the Contractor shall submit partial
waivers of lien for each subcontractor and supplier showing that the amount paid to date to
each is at least equivalent to the total value of the subcontractor's work, less retainage,
included on the previous payment request. The Contractor's request for final payment shall
include the Contractor's Final waiver of Lien which shall be for the full amount of his
Contract, including any change orders thereto, and Final Waivers of Lien from all
subcontractors and suppliers for which Final Waivers of Lien have not previously been
submitted. The Contractor shall contact the Engineer no later than 15 days after the
completing of work to schedule a time to verify the quantities before submitting the
written application for final payment. If the Contractor fails to do so, the Engineer's
determination will be made final.
All items that are not specifically shown on the plans or in a summary of quantities, but can
reasonably be interpreted to be included in the work described shall be incidental to the cost
of the contract.
Failure of the Contractor to submit correct Waivers of Lien at the required time will cause a
delay in payment.
36. PROJECT ACCEPTANCE PROCEDURES
When all contract work is completed and agreed upon between the Engineer and the
Contractor, a final invoice shall be submitted by the Contractor, complete with all required
waivers of lien and surety. Approval of the final pay estimate by the Engineer shall
constitute acceptance of the project by the Village of Morton Grove, and written notice of
such action shall be given to the Contractor. The date of approval of the final pay estimate
shall be the Date of Acceptance, and shall also be the date of the Start of Guarantee.
Prior to the required date(s) of Substantial Completion, a partial project acceptance may be
granted in accordance with the foregoing procedure for entire project acceptance, with the
exception that the pay estimate for the quantities of items included ih the partial project
acceptance shall not be the final pay estimate for the entire project. In the case of the
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Public Works Salt Dome Replacement Project
Village's acceptance of any portion of the work as may be required because of the inclusion
of a Date of Substantial Completion requirement, or for other reasons as may be agreed to by
the Village of Morton Grove, such partial acceptance action shall not constitute acceptance of
any other portion of the project not noted in the written notice of partial acceptance which
shall be provided to the Contractor by the Engineer.
37. GENERAL GUARANTEE
Neither the final certificate of payment nor any provision in the Contract Documents, nor
Partial or entire occupancy of the premises by the Village of Morton Grove, shall constitute
an acceptance of work not done in accordance with the Contract Documents or relieve the
Contractor of liability in respect to any express warranties or responsibility for faulty
materials or workmanship. The Contractor shall remedy any defects in the work and pay for
any damage to other work resulting there from, which shall appear within a period of one
year from the date of final acceptance of the work unless a longer period is specified. The
Village of Morton Grove will give notice of observed defects with reasonable promptness.
The Contractor shall guarantee all materials and workmanship as defined in the Contract
Bond requirements.
Unless otherwise amended in writing by the Engineer, the date of the Start of any Guarantees
and, Warranties shall be coincident with Date of Acceptance of the entire project.
38. TERMINATION OF CONTRACT
The Village of Morton Grove reserves the right to terminate the whole or any part of this
Contract, upon written notice to the Contractor, in the event that sufficient funds to complete
the Contract are not appropriated by the Board of Trustees of the Village of Morton Grove.
The Village of Morton Grove further reserves the right to terminate the whole or any part of
this Contract, upon written notice to the Contractor, in the event of default by the Contractor.
Default is defined as failure of the Contractor to perform any of the provisions of this
Contract, or failure to make sufficient progress so as to endanger performance of this
Contract in accordance with its terms. In the event of default and termination, the Village of
Morton Grove may procure, upon such terms and in such manner, as the Village of Morton
Grove may deem appropriate, supplies or services similar to those so terminated.
The Contractor shall be liable for any excess costs for such similar supplies or service unless
acceptable evidence is submitted to the Village of Morton Grove that failure to perform the
Contract was due to causes beyond the control and without the fault or negligence of the
Contractor.
a� . r A^
Village of Morton Grove
Public Works Salt Dome Replacement Project
39, LIQUIDATED DAMAGES
Should the Contractor fail to complete the work, including cleaning up, to the point of final
acceptance of the work by the Engineer within the time specified in the Contract Documents
for the Date of Completion and /or Date(s) of Substantial Completion, and agreed upon by the
Contractor by accepting the Contract, or within such extra time as may be allowed in
accordance with the Contract Documents, there shall be deducted from any monies due the
Contractor, or that may become due the Contractor, the sum(s) of money specified in the
Contract Documents per day for each and every calendar day, including Sundays and
holidays in the Municipal Code of the Village of Morton Grove, that the work remains
uncompleted. The value of the Liquidated Damages will be in accordance with the Special
Provision for PROJECT TIMING.
Permitting the Contractor to continue and finish the work, or any part of it after the time
fixed for its completion, or after the date to which the time of completion may have been
extended shall in no way operate as a waiver on the part of the Village of Morton Grove of
any of its rights under the Contract. The Village reserves the right to charge the Contractor
any legal fees incurred by the Village in association with this Contract. These amounts will
be separate from the liquidated damages.
40. UTILITY LOCATION
The Contractor must exercise extreme caution while working around existing utilities. The
Contractor shall notify JULIE (800) 892 -0123 and the Village of Morton Grove, Public
Works Department, (847) 470 -5235, a minimum of 48 hours before commencing
construction for utility locations within the scope of the project. It is recommended that the
Contractor conduct a joint utility meet. It is the responsibility of the Contractor to contact all
agencies that may or may not be part of the JULIE system to verify the location of their
facilities.
The Village of Morton Grove does not guarantee the accuracy or completeness of this
information. The Contractor shall make his own investigation to determine the existence,
nature, and location of all utility lines and appurtenances within the limits of the
improvement. The Contractor shall locate all utilities far enough in advance to avoid all
conflicts in grade separation between existing utilities and the proposed improvements. If the
Contractor encounters a conflict between the proposed improvements and existing utility that
was not located in advance by the Contractor, then the Contractor shall at no cost to the
Village of Morton Grove, relocate the proposed improvements and /or the utility to avoid the
conflict.
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The Contractor will be required to cooperate with all utility companies involved in
connection with the removal, temporary relocation, reconstruction or abandonment by these
companies of any and all services or facilities owned or operated by them within the limits of
this improvement.
When the Contractor discovers a utility has not been adjusted by the owner or the owner's
representative as indicated in the Contract Documents, or the utility is not shown on the plans
to be adjusted in conjunction with construction, the Contractor shall not interfere with said
utility, and shall take proper precautions to prevent damage or interruption of the utility and
shall promptly notify the Engineer of the nature and location of said utility.
All drainage structures are to be kept free of any debris resulting from the Contractor's
operations. All work and material necessary to prevent accumulation of debris in the drainage
structures will be considered as incidental to the Contract. Any accumulation of debris in the
drainage structures resulting from the Contractor's operations shall be removed at the
Contractor's expense.
No extra compensation will be allowed to the Contractor for any expense incurred by
complying with these requirements or because of delays, inconvenience or interruptions in
his work resulting from the failure of any utility company to remove, relocate, reconstruct or
abandon their services. The Contractor shall be responsible for prompt and timely removal,
relocation, reconstruction, or abandonment of their facilities by all utility companies
involved, and the coordination of his own work with that of these companies to the end that
work on this improvement is not delayed because of necessary changes in the existing
utilities, public or private.
Any potholing, pavement patching,
excavation, backfilling,
traffic control, or any other items
of work required to
determine the
location and depth of
the utilities, shall be considered
included in the costs
of the pay items
associated with the construction of the water main.
41. NOTIFICATION OF WORK
The Contractor shall notify the Engineer forty -eight hours prior to commencement of work
and twenty -four hours prior to each inspection at (847) 470 -5235.
42, CONSTRUCTION OPERATIONS
Construction operations shall be performed Monday through Friday between the hours of
7:00 A.M. and 5:00 P.M. Any changes to this schedule will not be accepted unless approved
by the Engineer.
020 ..rnv -
Village of Morton Grove
Public Works Salt Dome Replacement Project
A. In order to minimize the effect of construction noise on the area surrounding the
improvement, the Contractor and his subcontractors shall comply with the following
requirements:
i. All engines and engine driven equipment used for hauling or construction shall be
equipped with an adequate muffler in constant operation and properly maintained to
prevent excessive or unusual noises.
Any machine or device or part thereof which is regulated by or becomes regulated by
Federal or State of Illinois noise standards shall conform to those standards. Such
equipment shall be operated as designated in 2.
ii. Construction operations shall be confined to the daylight hours between 7:00 A.M.
and 5:00 P.M. Monday through Friday and 8:00 A.M. to 6:00 P.M. Saturday. No
work of any kind shall be done on Saturdays Sundays or legal holidays defined in the
Municipal Code of the Village of Morton Grove unless previously approved by the
Engineer. These time restrictions shall not apply to maintenance or operation of
safety and traffic control devices such as barricades, signs, and lighting or to
construction of an emergency nature.
If the Contractor requires additional time to complete a portion of the work on any
given day or if he foresees the need to work extended hours for a number of days to
comply with the construction schedule, he must receive written approval of the
Engineer.
The Village intends to provide continuous observation and documentation of
construction activities. The Village reserves the right request reimbursement for
construction observation and documentation activities while the Contractor is
working on -site outside of the hours of 7:00 a.m. to 3:15 p.m., Monday through
Friday. For estimating purposes, the rate of reimbursement to the Village should be
assumed to be in the range of $50 to $90 per hour and will be verifiable through
Village payroll records.
B. The Contractor shall take all precautions necessary to protect the general public and his
employees from hazardous locations that might occur within the limits of the
improvement. All trench openings and other construction openings extending below the
pavement sub -grade shall be fenced off with an adequately supported fence around the
entire opening at all times when actual construction is not in progress at the opening
location. In addition, any opening left overnight will require lighted barricades and
proper signing to adequately warn all motorists and pedestrians.
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The duty of the Engineer is to inspect all work done and materials furnished and to
suspend any work that is not being performed in accordance with the Contract. This duty
does not include review or approval of the adequacy of the Contractor's safety measures,
methods, and bracing of excavated trenches in, on or near the construction site.
C. It shall be the Contractor's responsibility to protect open cut trenches as may be required
by OSHA, Illinois Department of Labor, State or Federal Law.
Trenches in pavements or in close proximity to the improved streets or roadways shall be
sheeted or braced in substantial and effective manner. Sheeting may be removed after
backfilling has been completed to such an elevation as to permit its safe removal.
Sheeting and bracing left in place must be removed for a distance of three (3) feet below
the established street grade. The cost of furnishing, placing, and removing sheeting
and/or bracing shall be incidental to construction and included in the Contract Unit Price
for the work being done.
D. The Contractor shall schedule and conduct his operations so that the closure time of
existing driveways along the route of the improvement is kept to a minimum. All
homeowners shall be given a minimum twenty -four hours written notice prior to initial
removal of their driveway apron. The Contractor shall make every effort to keep
driveways open including temporary grading and placement of gravel.
E. Beginning on the date that the Contractor begins work on this project, he shall assume
responsibility for normal maintenance of all existing roadways within the limits of the
improvement. This normal maintenance shall include all repair work deemed necessary
by the Engineer. The Contractor as required by the Engineer will provide traffic control
and protection for this work. Any driveway that has been removed shall be reconstructed
within two days.
The work involved in maintaining the existing pavement and shoulders will not be paid
for separately at the Contract Unit Prices for the various items of work involved, unless
otherwise specified elsewhere in these Special Provision.
43, VILLAGE OF MORTON GROVE ORDINANCES
The Contractor shall comply with all laws, ordinances and regulations governing the Village
of Morton Grove.
44, SUBMITTALS
Following contract award, the Contractor or his design professional shall submit 4 paper
copies and one electronic file (PDF) of all technical submissions, catalog cuts, and shop
drawings for approval by the Engineer.
Al ^PA"
Village of Morton Grove
Public Works Salt Dome Replacement Project
The Village will review and approve a preliminary engineering plan set prepared by the
Contractor's design professional. The plan set will need to include a site plan showing all
existing and proposed buildings and material storage areas within 100 feet of the proposed
facilities, building elevation views, and traffic control plan conforming to requirements in the
General Provision for TRAFFIC CONTROL PLAN. The plans should include sufficient
dimensions for a reviewer to verify the proposed facilities are feasible to construct within the
available space. The Village will review the submitted material for conformance with the
proposed facilities described in the Negotiated Proposal and issue approval on this basis. The
approved preliminary engineering plan shall serve a basis for developing design engineering
plans.
The Village will review and approve a design engineering plans, specifications, calculations
and estimates prepared by the Contractor's design professional. The plan set will need to
include a site plan, building elevation views, traffic control plan, and construction details. All
labeling, notes and dimensions will need to be sufficient for quantity take -offs and
construction purposes. All calculations (e.g. structural and ventilation, etc.) supporting the
design of every member, joint and support shall be submitted to support the design.
Specifications of all materials, equipment and finishes shall be submitted in a bound form.
An estimate of construction time shall be developed in sufficient detail to provide a clear,
comprehensive understanding of the day -to -day operations of the performance of the work as
well as identifying critical path items. A schedule of quantities shall be developed to provide
a clear comprehensive understanding of the amount of material to be used for the project and
shall serve as a basis for determining changes to the scope of work. The Village will review
the submitted material for conformance with the proposed facilities approved in the
preliminary engineering plan and issue approval on this basis. The Village will also issue a
Building Permit to allow construction to begin. The approved design engineering plans,
specifications, calculations and estimates shall supersede all other previous submittals and
shall be the governing documents for construction.
The Village will review and approve shop drawings, quality control plan, samples, and
catalog cuts prepared and submitted by the Contractor to verify conformance of all materials
to be assigned to the improvements will conform to the approved design engineering plans,
specifications and calculations. The Village will issue approval of shop drawings, quality
control plan, samples, and catalog cuts that conform to approved design engineering plans,
specifications and calculations. Materials and equipment shall not be assigned to the project
until approved by the Village. Any costs related to materials or equipment ordered or work
completed before the Village issues approval are done so at the Contractor's risk. No
compensation will be allowed for materials that are not approved by the Village.
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The Village will review and approve as -built design engineering plans, specifications and
calculations prepared by the Contractor's design professional. The design engineering plans,
specifications and calculations shall be annotated over the original specification or labeled
without obliterating the original. Each part of the submittal shall include a certification from
the design professional identifying it as a record of the actual work was completed.
The Contractor shall furnish at no additional cost any additional drawings, details or
information requested by the Village in order to give a comprehensive idea to the
construction contemplated.
The Village anticipates up to 10 business days to review each submittal. The estimate of
construction time should include reasonable review times.
45. EASEMENT AND ACCESS AGREEMENTS
The Village of Morton Grove will obtain easements and access agreements for all work to be
performed within private property (outside public right -of -way). Working easements shall be
staked by the Village of Morton Grove prior to commencement of construction. Extreme
caution shall be exercised to protect public or private existing trees, bushes, and gardens,
fences, signs, light posts, utilities, etc., within or near the limits of all work. This shall be
considered incidental to the Contract.
46, CLEANING
During construction, the Contractor and his subcontractors shall remove from the premises,
rubbish, waste material, and accumulations, and shall keep the premises clean. The
Contractor shall keep the premises clean during construction to the satisfaction of the
Engineer. This work shall be considered incidental to the Contract.
47, SAFETY/LOSS PREVENTION PROGRAM REQUIREMENTS
The Successful Proposer will provide written confirmation that a safety /loss prevention
program was in place at least 90 days prior to submitting the Proposal.
Evidence of completed employee safety training can be provided.
48, SAFETY/LOSS PREVENTION REGULATORY REQUIREMENTS
The Contractor must comply with all applicable laws, regulations and rules promulgated by
any Federal, State, County, Municipal and or other governmental unit or regulatory body
now in effect or which may be in effect during the performance of the work. Included within
the scope of the laws, regulations, and rules referred to in this paragraph, but in no way to
operate as a limitation, are Occupational Safety & Health Act (OSHA), Illinois Department
Village of Morton Grove
Public Works Salt Dome Replacement Project
of Labor (IDOL), Department of Transportation, all forms of traffic regulations, public
utility, Intrastate and Interstate Commerce Commission regulations, Workers' Compensation
Laws, Prevailing Wage Laws, the Social Security Act of the Federal Government and any of
its titles, the Illinois Department of Human Rights, Human Rights Commission, or Equal
Employment Opportunity Commission (EEOC) statutory provisions and rules and
regulations.
Evidence of specific regulatory compliance will be provided by Proposer, if required by the
Village.
The
Contractor and each subcontractor shall
take all necessary precautions
for the safety of,
and
shall provide the necessary protection to
prevent damage, injury or loss
to:
A. All employees on the work and other persons and organizations who may be affected
thereby; and
B. All the work and materials and equipment to be incorporated therein, whether in storage
on or off the site; and
C. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities and underground facilities not designated for
removal, relocations or replacement in the course of construction; and
D. Each contractor and subcontractor shall designate a responsible representative at the site
whose duty shall be the prevention of accidents. This person shall be the contractor's
superintendent unless otherwise designated in writing by the contractor to owner.
49. SUPERVISION
The Contractor shall supervise and direct the work. He will be solely responsible for the
means, methods, techniques, sequences and procedures of construction and the safety
precautions and programs.
The Contractor shall designate, at the pre - construction meeting, the employee to be assigned
as Project Supervisor. The Project Supervisor shall be required to assume the responsibility
for general supervision of the Contractor's and any subcontractor's operations. The Village
of Morton Grove reserves the right to reject any project supervisor due to past performance
or the inability to properly perform the required work.
50. CONTROL OF WORK
All work of the contract shall be completed to the satisfaction of the Engineer. The decision
of the Engineer shall be final on all questions which may arise regarding, including but not
limited to, the quality and acceptability of materials and work; the manner of performance;
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acceptable rates of progress on the work; the interpretation of the contract plans and
specifications; the fulfillment of the contract; the measurement of quantities and payment
under the contract; and the determination of the existence of changed or differing site
conditions. The Engineer will notify the Contractor in writing if the work is to be suspended
wholly or in part due to the failure of the Contractor to carry out orders of the Engineer. The
work may also be suspended at the Contractor's risk for such periods as the Engineer may
deem necessary due to unsuitable weather; for conditions considered unsuitable for the
prosecution of the work or for any other condition or reason deemed to be in the public
interest. The Contract does not require the Engineer to provide the Contractor with direction
or advice on how to do the work. If the Engineer approves or recommends any method or
manner for doing the work, the approval or recommendation shall not guarantee following
the method or manner will result in compliance with the contract, relieve the Contractor of
the risks and obligations of the contract, or create liability for the Village. In case of failure
on the part of the Contractor to execute work ordered by the Engineer, the Engineer may, at
the expiration of a period of 48 hours after giving notice in writing to the Contractor, proceed
to execute such work as may be deemed necessary, and the cost thereof will be deducted
from compensation due or which may become due the Contractor under the contract.
The Engineer may furnish the Contractor with the names of representatives of the Village
who will be available to confer with or to advise the Contractor in administrative and
technical matters.
The Engineer may make frequent investigations and periodic inspections of the respective
systems and installations to determine if all maintenance operations are being performed by
the Contractor promptly and satisfactorily and in the manner specified in this Contract.
51, CONTRACTOR'S RECORDS
Any records required to be maintained by the Contractor, under terms of the Contract, as well
as any other records of the Contractor which form the basis of affidavits, invoices, or bills
made by the Contractor under this Contract shall be open to inspection and verification by
the Village of Morton Grove.
ee _P An
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Village of Morton Grove
Public Works Salt Dome Replacement Project
Attachment B
Compensation and Payment
METHODS OF PAYMENTS FOR SERVICES AND EXPENSES
VILLAGE shall pay VENDOR for services rendered as follows:
The VILLAGE shall pay VENDOR for costs associated with the work as per the rates
listed in Table 1 below.
No additional markup will be allowed for subconsultant charges.
VILLAGE shall pay the VENDOR an amount not to exceed $490,455.00, unless
otherwise authorized by a Change Order.
TABLE I
WORK DESCRIPTION
NEGOTIATED
AMOUNT
BASIS OF
PAYMENT
ESTIMATED
QUANTITY
Sealed Drawing
$5,900.00
Lump Sum
1
Insurance and Bonds
$12,199.00
Lump Sum
1
Mobilization
$10,000.00
Lump Sum
1
Demo Existing Dome
$43,390.00
Lump Sum
I
Base Paving
$809000.00
Ton
800
Base Dome Walls and Building
$272,690.00
Lump Sum
1
Electric
$129625.00
Lump Sum
1
Filling Stations
$28,100.00
Lump Sum
1
Loading Ramp
$29,750.00
Lump Sum
I
Total Amount
$490,455.00
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Village of Morton Grove
Public Works Salt Dome Replacement Project
Attachment C
CN:► �
In accordance with Article 35 of the Consulting Services Contract dated June 9, 2015
( "Contract ") between the Village of Morton Grove ("VILLAGE ") and Bulk Storage, Inc.
( "VENDOR "), this Change Order modifies the Contract as follows:
1 Contracted Services:
2 Time of Performance (attach schedule if appropriate):
3 VENDOR's Compensation:
All other terms and conditions remain unchanged.
VILLAGE
Signature
Director of Public Works
Date
47 of 47
Bulk Storage, Inc.
Signature
President
Date
un in n i r
Legislative Summary
Resolution 15 -49
AUTHORIZING THE PURCHASE OF A USED SEMI TRACTOR
FROM CENTRAL ILLINOIS TRUCK GROUP INC.
Introduced:
Synopsis:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact
Source of Funds:
Workload Impact:
Admin Recommendation:
First Reading:
Special Considerations or
Requirements:
Respectfully submitted: �� Reviewed by:
Tom Friel, Village A mistrator Pro Tem Teresa
June 8, 2015
To authorize the Public Works Director to purchase a used Semi Tractor from
Central Illinois Truck Group Inc.
To replace an existing 1973 Mack semi - tractor with a newer used vehicle of
similar specifications.
The Public Works Department routinely reviews vehicles and equipment for
fuel economy, safety, dependability, age, and excessive repair cost.
Replacing or eliminating equipment which no longer meets the department's
needs. The Vehicle Maintenance Division subsequently drafted a Request for
Proposal which included specifications for a used semi tractor, and the trade
of an existing 1973 Mack R685ST semi tractor which no longer meetings the
departments needs. Four RFP's were sent out and five were received (which
included two separate RFP's from the same dealership) with favorable
results.
Public Works and Finance
$46,000.00 which includes a $2,500.00 trade in credit.
Enterprise Fund 405033 - 572030
The Public Works Department as part of their normal work activities will
provide the needed documentation and perform the work required to make
this purchase.
Approval as presented.
Not required
N/A
Reviewed by: Prepared by:
y De Monte, Director of Public Works
Counsel
Superintendent
RESOLUTION 15 -49
AUTHORIZING THE PURCHASE OF A
USED SEMI TRACTOR FROM CENTRAL ILLINOIS TRUCK GROUP INC
WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois,
is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of
the State of Illinois, can exercise any power and perform any function pertaining to its
government affairs, including but not limited to the power to tax and incur debt; and
WHEREAS, the Public Works Department routinely reviews vehicles and equipment for
fuel economy, safety, dependability, age, and excessive repair cost. Replacing or eliminating
equipment that no longer meets the department's needs; and
WHERAS, the Public Works Department has determined the existing forty -two year old
1973 Mack semi - tractor is no longer a dependable piece of equipment; and
WHEREAS, in the Board approved 2015 budget $70,000 was appropriated in the
Enterprise Fund, account 405033 - 572030, for the purchase of a used semi - tractor of similar
specifications as the existing 1973 vehicle; and
WHEREAS, the Public Works Maintenance Department advertised and sent out four
RFP'S (Request for Proposals) that included specifications including an automatic transmission;
and
WHEREAS, five RFP's were received (which included two separate RFP's from the
same dealership) which were reviewed by the Public Works Director and the Head Mechanic of
the Vehicle Maintenance Division on May 15, 2015, with the following results:
Central Illinois Trucks (CIT)
22570 W. HWY 60, Grayslake, Illinois 60030
2006 International 5500I Semi Tractor $48,500.00
Minus the Village's Trade: 1973 Mack R685 ST $ 2,500.00
Purchase Price: $46,000.00
Pozzo Illinois Inc.
94 E. Sauk Trail, So. Chicago Heights, Illinois 60411
2007 Mack CTP713B Semi Tractor $615500.00
Minus the Village's Trade: 1973 Mack R685ST $ 2,000.00
Purchase Price: $59,500,00
Rush Truck Centers of Illinois Inc. (Disqualified, auto shift not automatic transmission)
3551 Gatlin Drive, Springfield, Illinois 62703
2007 International 9400I Semi Tractor $47,000.00
Minus the Village's Trade: 1973 Mack R685ST $ 2,500.00
Purchase Price: $449500,00
JX Peterbilt of Wadsworth (Disqualified, auto shift not automatic transmission)
42400 HWY 41, Wadsworth, Illinois 60083
2010 Peterbilt 386 Semi Tractor $67,827.00
Minus the Village's Trade: 1973 Mack R685ST $ 25500.00
Purchase Price: $65,327,00
Central Illinois Trucks (CIT) (Disqualified, auto shift not automatic transmission)
22570 W. HWY 60, Grayslake, Illinois 60030
2012 Mack CXiJ 613 $71,500.00
Minus the Village's Trade: 1973 Mack R685ST $ 2,500.00
Purchase Price: $69,000,00
WHEREAS, the proposals from Rush Truck Centers, along with the one proposal from
Central Illinois Trucks, and JX Peterbilt were disqualified for failure to comply with
specifications; and
WHEREAS, the recommendation for purchase is a 2006 International from CIT Group,
22570 W. HWY 60, Grayslake Illinois 60030 for the purchase price of $46,000.00; and
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY,
ILLINOIS AS FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Resolution as though fully set forth therein thereby making the findings as
hereinabove set forth.
SECTION 2: The Director of Public Works and Finance Director of the Village of
Morton Grove are hereby authorized to execute the purchase of a 2006 International 5500I from
CIT Group Inc. 22570 W. HWY 60, Grayslake Illinois 60030 for $46,000.00, the purchase shall
include the trade of the 1973 Mack Semi Tractor.
SECTION 3: That this Resolution shall be in full force and effect from and upon its
passage and approval.
Passed this 8 b day of June 2015
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Minx
Pietron
Ramos
Thill
Witko
Approved by me this 8`h day of June 2015
Daniel P. DiMaria , Village President
Village of Morton Grove
Cook County, Illinois
Attested and Filed in my office
This 9`h day of June 2015
Susan Lattanzi, Deputy Village Clerk
Village of Morton Grove
Cook County, Illinois
Legislative Summary
Resolution 15 -50
AUTHORIZING THE EXECUTION OF A CONTRACT
WITH PERFECT CLEANING SERVICE, INC. FOR JANITORIAL CLEANING SERVICES
Introduced: June 8, 2015
Synopsis: To authorize the Village President to execute a contract with Perfect Cleaning
Service, Inc. for janitorial cleaning services.
Purpose: To provide cleaning services for administrative offices of Village buildings.
Background: This contract was bid through a public process in accordance with the Village Code.
The contract was advertised and sealed bids were received. The bid tabulation is
attached as Exhibit "A ". The bid deemed to be in the best interest of the
Village is from Perfect Cleaning Service, Inc. from Chicago for a proposal price of
$36,650.00. The budgeted amount is $63,085.00.
Programs, Departments Public Works.
or Groups Affected
Fiscal Impact: The estimated contract value is $36,650.00. Since this is a unit price contract, the
final contract amount will be based on the actual quantity of work performed.
Source of Funds: General: A/C #026029 - 552160 Civic Center Janitorial Services
General: A/C #028024 - 552160 Municipal Buildings Janitorial Services
Workload Impact: The Public Works Department as part of their normal work activities will perform
the management and implementation of the program.
Administrator Approval as presented.
Recommendation:
First Reading: N/A
Special Considerations or None
Requirements:
Respectfully submitted: L-41
Reviewed by:
Tom Friel, Vill Administrator Pro Tem CC\\
Prepared by: "—�+ Reviewed by:
Chris Tomich, Village Engineer Teresa
of Public Works
Corporation Counsel
RESOLUTION 15 -50
AUTHORIZING THE EXECUTION OF A CONTRACT WITH
PERFECT CLEANING SERVICE, INC. FOR JANITORIAL CLEANING SERVICES
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, can exercise any power and perform any function pertaining to its government affairs,
including but not limited to the power to tax and incur debt; and
WHEREAS, the Village utilizes a service provider to clean municipal buildings, including the
civic center; and
WHEREAS, the Public Works Department advertised on the Village's website beginning April
13, 2015, inviting bids on the "Janitorial Services Contract "; and
WHEREAS,
21 entities,
contractors or
suppliers
obtained the bidding materials; and
WHEREAS,
seven bids
were received,
publicly
opened and read at the Public Works Facility at
10:00 a.m. on Friday, May 1, 2015, with the tabulation of bids included in Exhibit "A "; and
WHEREAS, Perfect Cleaning Service, Inc. is the low bidder with a bid amount of $36,650.00;
and
WHEREAS, the qualifications and availability of the low bidder has been verified; and
WHEREAS, funding for the above work is included in the Village of Morton Grove adopted
2015 Budget as account numbers 026029 - 552160 Civic Center Janitorial Services and 028024 - 552160
Municipal Buildings Janitorial Services in the cumulative amount of $63,085.00.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
Section 1. The
Corporate Authorities do hereby incorporate
the
foregoing
WHEREAS clauses
into this Resolution as
though fully set forth therein thereby making
the
findings as hereinabove set
forth.
Section 2. The Corporate Authorities accept the bid of Perfect Cleaning Service, Inc., in the
amount of $36,650.00.
Section 3. The Village President of the Village of Morton Grove is hereby authorized to execute
and the Village Clerk to attest to a contract with Perfect Cleaning Service, Inc., based upon their bid for the
"Janitorial Cleaning Services" in the amount of $36,650.00.
Section 4. The Director of Public Works and/or his designees are authorized to take all steps
necessary to implement, supervise, and manage this contract.
Section 5. This Resolution shall be in full force and effect upon its passage and approval.
PASSED THIS 8" DAY OF JUNE 2015
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Minx
Pietron
Ramos
Thill
Witko
APPROVED BY ME THIS 8 h DAY OF JUNE 2015
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 91h DAY OF JUNE 2015
Susan Lattanzi, Deputy Village Clerk
Village of Morton Grove
Cook County, Illinois
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Leeislative Summary
Ordinance 15 -09
AN ORDINANCE ESTABLISHING THE PREVAILING RATE OF WAGES
FOR LABORERS, MECHANICS AND OTHER WORKERS
IN THE VILLAGE OF MORTON GROVE EMPLOYED
IN PERFORMING CONSTRUCTION OF PUBLIC WORKS FOR THE VILLAGE
Introduced
June 8, 2015
Objective
To establish prevailing wages for public works projects within the Village of
Morton Grove.
Purpose:
To comply with the requirements of the Illinois Prevailing Wage Act, 820 ILCS 130
et seq.
Background:
The Illinois Prevailing Wage Act requires a contractor and subcontractor to pay
laborers, workers and mechanics employed on public works projects, no less than
the general prevailing rate of wages as established by the Village. "Public Works"
are defined by the Act to mean all fixed works constructed by any public body, or
paid for wholly or in part out of public funds. Each year during the month of June,
the Act requires the Village to investigate and ascertain the prevailing rate of wages.
This ordinance adopts the prevailing wage rates established by the Illinois
Department of Labor for Cook County, Illinois as the prevailing wage rates for
public works projects in Morton Grove. A schedule of these rates can be found at:
http: / /www.illinois.gov /idol/ Laws - Rules /CONNED /Pages/Rates.aspx . Upon
passage of this Ordinance, the Act further requires the Village to post these rates or
make them available for inspection by any interested party; file a certified copy of
the Ordinance with the Illinois Department of Labor; and publish a notice of these
rates in a newspaper of general circulation within the Village.
Programs, Departments
Administration and Legal Departments
or Groups Affected
Fiscal Impact:
Not applicable.
Source of Funds:
Not applicable.
Workload Impact:
The implementation of this ordinance will be performed by Corporation Counsel.
Administrator
Approval as presented.
Recommendation:
Second Reading:
A request to waive the second reading is requested so the submission to the Illinois
Department of Labor can be done in a timely fashion
Special Considerations or
None
Requirements:
Administrator
Pro Tem
Prepared by: " a"
Teresa Hoffinkii L' on, Corporation Counsel
ORDINANCE 15 -09
ESTABLISHING THE PREVAILING RATE OF WAGES FOR LABORERS, MECHANICS AND
OTHER WORKERS IN THE LOCALITY OF THE VILLAGE OF MORTON GROVE
EMPLOYED IN PERFORMING CONSTRUCTION OF PUBLIC WORKS
FOR THE VILLAGE
WHEREAS, the Village of Morton Grove ( "Village "), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article VII, Section 6 of the 1970; and
WHEREAS, the State of Illinois has enacted "An Act regulating wages of laborers, mechanics
and other workers employed in any public works by the State, County, City or any public body or any
political subdivision or by anyone under contract for public works ", approved June 26, 1941, as amended,
being Chapter 820 ILCS 130/1 -12, Illinois Compiled Statues; and
WHEREAS, the aforesaid Act requires the Village of Morton Grove investigate and ascertain the
prevailing rate of wages as defined in said Act for laborers, mechanics and other workers in the locality of
the Village of Morton Grove employed in performing construction of public works, for the Village; and
NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses
into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth.
SECTION 2: To the extent and as required by "An Act regulating wages of laborers, mechanics
and other workers employed in any public works by the state, county, city or any public body or any
political subdivision or by anyone under contract for public works" approved June 26, 1941, as amended,
the general prevailing rate of wages in this locality for laborers, mechanics and other workers engaged in
the construction of public works coming under the jurisdiction of the Village of Morton Grove is hereby
ascertained to be the same as the prevailing rate of wages for construction work in the Cook County area
as determined by the Department of Labor of the State of Illinois as of June 2013, a copy of that
determination being attached hereto as Exhibit "A" and incorporated herein by reference. The definition
of any terms appearing in this Ordinance which are also used in the aforesaid Act shall be the same as in
said Act.
SECTION 3: Nothing herein shall be construed to apply said general prevailing rate of wages as
herein ascertained to any work or employment except public works of the Village of Morton Grove to the
extent required by the aforesaid Act.
SECTION 4: The Village of Morton Grove shall publicly post or keep available for inspection by
any interested party at 6101 Capulina Avenue, Morton Grove this determination of such prevailing rate of
wage.
SECTION 5: The Village of Morton Grove shall mail a copy of this determination to any
employer, and to any association of employers and to any person or association of employees who have
filed, or file their names and addresses, requesting copies of any determination stating the particular rates
and the particular class of workers whose wages will be affected by such rates.
SECTION 6: The Village of Morton Grove shall promptly file a certified copy of this Ordinance
with the Department of Labor of the State of Illinois.
SECTION 7: The Village Administrator shall cause a notice to be published in a newspaper of
general circulation within the area the determination of prevailing wages has been made. Said notice shall
conform substantially to the notice attached hereto. Such publication shall constitute notice that this is the,
determination of the Village of Morton Grove and is effective.
SECTION 8: This Ordinance shall be in full force and effect from and after its passage and
approval.
PASSED THIS 8a' day of June 2015.
Trustee
Grear
Trustee
Minx
Trustee
Pietron
Trustee
Ramos
Trustee
Thill
Trustee
Witko
APPROVED by me this 8`s day of June 2015.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
9'' day of June 2015.
Susan Lattanzi, Deputy Village Clerk
Village of Morton Grove
Cook County, Illinois
legis \ord \prevailing wage
Cook County Prevailing Wage for June 2015
Cook County Prevailing Wage for June 2015
(See eaplanation of column headings at bottom of wages)
Page 1 of 6
Trade Name
RG
TYP
C
Base
FRMAN M -F >8
OSA
OSH
H/W
Pensn
Vac
Trng
ASBESTOS ABT -GEN
ALL
38.200
38.700
1.5
1.5
2.0
13.78
10.12
0.000
0.500
ASBESTOS ABT -MEC
BLD
35.100
37.600
1.5
1.5
2.0
11.17
10.76
0.000
0.720
BOILERMAKER
BLD
45.650
49.760
2.0
2.0
2.0
6.970
17.81
0.000
0.400
BRICK MASON
BLD
42.580
46.840
1.5
1.5
2.0
9.850
13.60
0.000
1.030
CARPENTER
ALL
43.350
45.350
1.5
1.5
2.0
13.29
13.75
0.000
0.630
CEMENT MASON
ALL
43.100
45.100
2.0
1.5
2.0
12.70
13.24
0.000
0.450
CERAMIC TILE FNSHER
BLD
35.810
0.000
1.5
1.5
2.0
10.55
8.440
0.000
0.710
COMM. ELECT.
BLD
39.000
41.800
1.5
1.5
2.0
6.420
11.98
1.100
0.700
ELECTRIC PWR EQMT OF
ALL
46.100
51.100
1.5
1.5
2.0
10.76
14.87
0.000
0.460
ELECTRIC PWR GRNDMAN
ALL
35.960
51.100
1.5
1.5
2.0
8.390
11.60
0.000
0.360
ELECTRIC PWR LINEMAN
ALL
46.100
51.100
1.5
1.5
2.0
10.76
14.87
0.000
0.460
ELECTRICIAN
ALL
44.000
47.000
1.5
1.5
2.0
13.33
14.77
0.000
0.750
ELEVATOR CONSTRUCTOR
BLD
50.800
57.150
2.0
2.0
2.0
13.57
14.21
4.060
0.600
FENCE ERECTOR
ALL
35.840
37.840
1.5
1.5
2.0
13.01
11.51
0.000
0.300
GLAZIER
BLD
40.000
41.500
1.5
2.0
2.0
12.49
15.99
0.000
0.940
HT /FROST INSULATOR
BLD
48.450
50.950
1.5
1.5
2.0
11.47
12.16
0.000
0.720
IRON WORKER
ALL
43.000
45.000
2.0
2.0
2.0
13.45
20.65
0.000
0.350
LABORER
ALL
38.000
38.750
1.5
1.5
2.0
13.78
10.12
0.000
0.500
LATHER
ALL
43.350
45.350
1.5
1.5
2.0
13.29
13.75
0.000
0.630
MACHINIST
BLD
44.350
46.850
1.5
1.5
2.0
6.760
8.950
1.850
0.000
MARBLE FINISHERS
ALL
31.400
32.970
1.5
1.5
2.0
9.850
13.10
0.000
0.600
MARBLE MASON
BLD
41.780
45.960
1.5
1.5
2.0
9.850
13.42
0.000
0.760
MATERIAL TESTER I
ALL
28.000
0.000
1.5
1.5
2.0
13.78
10.12
0.000
0.500
MATERIALS TESTER II
ALL
33.000
0.000
1.5
1.5
2.0
13.78
10.12
0.000
0.500
MILLWRIGHT
ALL
43.350
45.350
1.5
1.5
2.0
13.29
13.75
0.000
0.630
OPERATING ENGINEER
BLD
1
47.100
51.100
2.0
2.0
2.0
17.10
11.80
1.900
1.250
OPERATING ENGINEER
BLD
2
45.600
51.100
2.0
2.0
2.0
17.10
11.80
1.900
1.250
OPERATING ENGINEER
BLD
3
43.250
51.100
2.0
2.0
2.0
17.10
11.80
1.900
1.250
OPERATING ENGINEER
BLD
4
41.500
51.100
2.0
2.0
2.0
17.10
11.80
1.900
1.250
OPERATING ENGINEER
BLD
5
50.850
51.100
2.0
2.0
2.0
17.10
11.80
1.900
1.250
OPERATING ENGINEER
BLD
6
46.100
51.100
2.0
2.0
2.0
17.10
11.60
1.900
1.250
OPERATING ENGINEER
BLD-7
50.100
51.100
2.0
2.0
2.0
17.10
11.80
1.900
1.250
OPERATING ENGINEER
FLT
1
52.450
52.450
1.5
1.5
2.0
16.60
11.05
1.900
1.250
OPERATING ENGINEER
FLT
2
50.950
52.450
1.5
1.5
2.0
16.60
11.05
1.900
1.250
OPERATING ENGINEER
FLT
3
45.350
52.450
1.5
1.5
2.0
16.60
11.05
1.900
1.250
OPERATING ENGINEER
FLT
4
37.700
52.450
1.5
1.5
2.0
16.60
11.05
1.900
1.250
OPERATING ENGINEER
FLT
5
53.950
52.450
1.5
1.5
2.0
16.60
11.05
1.900
1.250
OPERATING ENGINEER
FLT
6
35.000
35.000
1.5
1.5
2.0
16.60
11.05
1.900
1.250
OPERATING ENGINEER
HWY
1
45.300
49.300
1.5
1.5
2.0
17.10
11.80
1.900
1.250
OPERATING ENGINEER
HWY
2
44.750
49.300
1.5
1.5
2.0
17.10
11.80
1.900
1.250
OPERATING ENGINEER
HWY
3
42.700
49.300
1.5
1.5
2.0
17.10
11.80
1.900
1.250
OPERATING ENGINEER
HWY
4
41.300
49.300
1.5
1.5
2.0
17.10
11.80
1.900
1.250
OPERATING ENGINEER
HWY
5
40.100
49.300
1.5
1.5
2.0
17.10
11.80
1.900
1.250
OPERATING ENGINEER
HWY
6
46.300
49.300
1.5
1.5
2.0
17.10
11.60
1.900
1.250
OPERATING ENGINEER
HWY
7
46.300
49.300
1.5
1.5
2.0
17.10
11.60
1.900
1.250
ORNAMNTL IRON WORKER
ALL
43.900
46.400
2.0
2.0
2.0
13.36
17.24
0.000
0.650
PAINTER
ALL
40.750
45.500
1.5
1.5
1.5
10.75
11.10
0.000
0.770
PAINTER SIGNS
BLD
33.920
38.090
1.5
1.5
1.5
2.600
2.710
0.000
0.000
PILEDRIVER
ALL
43.350
45.350
1.5
1.5
2.0
13.29
13.75
0.000
0.630
PIPEFITTER
BLD
46.000
49.000
1.5
1.5
2.0
9.000
15.85
0.000
1.780
PLASTERER
BLD
42.250
44.790
1.5
1.5
2.0
11.40
12.19
0.000
0.650
PLUMBER
BLD
46.650
48.650
1.5
1.5
2.0
13.18
11.46
0.000
0.880
ROOFER
BLD
40.100
43.100
1.5
1.5
2.0
8.280
10.54
0.000
0.530
SHEETMETAL WORKER
BLD
41.530
44.950
1.5
1.5
2.0
10.48
20.06
0.000
0.690
SIGN HANGER
BLD
31.310
33.810
1.5
1.5
2.0
4.850
3.280
0.000
0.000
SPRINKLER FITTER
BLD
49.200
51.200
1.5
1.5
2.0
11.75
9.650
0.000
0.550
STEEL ERECTOR
ALL
42.070
44.070
2.0
2.0
2.0
13.45
19.59
0.000
0.350
STONE MASON
BLD
42.580
46.840
1.5
1.5
2.0
9.850
13.60
0.000
1.030
->
NOT
IN
EFFECT
ALL
37.000
37.750
1.5
1.5
2.0
12.97 9.930 0.000 0.500
TERRAZZO^ FINISHER
BLD
37.040
0.000
1.5
1.5
2.0
10.55
10.32
0.000
0.620
TERRAZZO MASON
BLD
40.880
43.880
1.5
1.5
2.0
10.55
11.63
0.000
0.820
TILE MASON
BLD
42.840
46.840
1.5
1.5
2.0
10.55
10.42
0.000
0.920
TRAFFIC SAFETY WRKR
HWY
32.750
34.350
1.5
1.5
2.0
6.550
6.450
0.000
0.500
TRUCK DRIVER
E
ALL
1
33.850
34.500
1.5
1.5
2.0
8.150
8.500
0.000
0.150
TRUCK DRIVER
E
ALL
2
34.100
34.500
1.5
1.5
2.0
8.150
8.500
0.000
0.150
TRUCK DRIVER
E
ALL
3
34.300
34.500
1.5
1.5
2.0
8.150
8.500
0.000
0.150
TRUCK DRIVER
E
ALL
4
34.500
34.500
1.5
1.5
2.0
8.150
8.500
0.000
0.150
httn• // v illinnis anv /idol / l.nwp- Rules /CONWD /rates /2015 /iune /COOK9999.htm 6/2/2015
Cook County Prevailing Wage for June 2015
TRUCK
DRIVER
W
ALL
1
32.550
33.100
1.5
1.5
2.0
6.500
4.350
0.000
0.000
TRUCK
DRIVER
W
ALL
2
32.700
33.100
1.5
1.5
2.0
6.500
4.350
0.000
0.000
TRUCK
DRIVER
W
ALL
3
32.900
33.100
1.5
1.5
2.0
6.500
4.350
0.000
0.000
TRUCK
DRIVER
W
ALL
4
33.100
33.100
1.5
1.5
2.0
6.500
4.350
0.000
0.000
TUCKPOINTER
BLD
42.800
43.800
1.5
1.5
2.0
6.180
12.66
0.000
0.650
Legend
SO (Region)
TYP (Trade Type - All, Highway, Building, Floating, Oil 6 Chip,Rivers)
C (Class)
Base (Base Wage Rate)
FRMAN (Foreman Rate)
M -F >B (OT required for any hour greater than 8 worked each day, Mon through Fri.
OSA (Overtime (Or) is required for every hour worked an Saturday)
OSH (Overtime is required for every hour worked on Sunday and Holidays)
H/W (Health 6 Welfare Insurance)
Pensn (Pension)
Vac (Vacation)
Trng (Training)
Explanations
COOK COUNTY
The following list is considered as those days for which holiday rates
of wages for work performed apply: New Years Day, Memorial Day,
Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and
Veterans Day in some classifications /counties. Generally, any of
these holidays which fall on a Sunday is celebrated on the following
Monday. This then makes work performed on that Monday payable at the
appropriate overtime rate for holiday pay. Common practice in a given
local may alter certain days of celebration. If in doubt, please
check with IDOL.
TRUCK DRIVERS (WEST) - That part of the county West of Barrington
Road,
EXPLANATION OF CLASSES
ASBESTOS - GENERAL - removal of asbestos material /mold and hazardous
materials from any place in a building, including mechanical systems
where those mechanical systems are to be removed. This includes the
removal of asbestos materials /mold and hazardous materials from
ductwork or pipes in a building when the building is to be demolished
at the time or at some close future date.
ASBESTOS - MECHANICAL - removal of asbestos material from mechanical
systems, such as pipes, ducts, and boilers, where the mechanical
systems are to remain.
CERAMIC TILE FINISHER
The grouting, cleaning, and polishing of all classes of tile, whether
for interior or exterior purposes, all burned, glazed or unglazed
products; all composition materials, granite tiles, warning detectable
tiles, cement tiles, epoxy composite materials, pavers, glass,
mosaics, fiberglass, and all substitute materials, for tile made in
tile -like units; all mixtures in tile like form of cement, metals, and
other materials that are for and intended for use as a finished floor
surface, stair treads, promenade roofs, walks, walls, ceilings,
swimming pools, and all other places where tile is to form a finished
interior or exterior. The mixing of all setting mortars including but
not limited to thin -set mortars, epoxies, wall mud, and any other
sand and cement mixtures or adhesives when used in the preparation,
installation, repair, or maintenance of tile and /or similar materials.
The handling and unloading of all sand, cement, lime, tile,
fixtures, equipment, adhesives, or any other materials to be used in
the preparation, installation, repair, or maintenance of tile and /or
similar materials. Ceramic Tile Finishers shall fill all joints and
voids regardless of method on all tile work, particularly and
especially after installation of said tile work. Application of any
and all protective coverings to all types of tile installations
including, but not be limited to, all soap compounds, paper products,
tapes, and all polyethylene coverings, plywood, masonite, cardboard,
and any new type of products that may be used to protect tile
Page 2 of 6
... 11 .11. _ 1- 1, IN 1.a..... 41117fY1[
Cook County Prevailing Wage for June 2015
installations, Blastrac equipment, and all floor scarifying equipment
used in preparing floors to receive tile. The clean up and removal of
all waste and materials. All demolition of existing tile floors and
walls to be re- tiled.
COMMUNICATIONS ELECTRICIAN
Installation, operation, inspection, maintenance, repair and service
of radio, television, recording, voice sound vision production and
reproduction, telephone and telephone interconnect, facsimile, data
apparatus, coaxial, fibre optic and wireless equipment, appliances and
systems used for the transmission and reception of signals of any
nature, business, domestic, commercial, education, entertainment, and
residential purposes, including but not limited to, communication and
telephone, electronic and sound equipment, fibre optic and data
communication systems, and the performance of any task directly
related to such installation or service whether at new or existing
sites, such tasks to include the placing of wire and cable and
electrical power conduit or other raceway work within the equipment
room and pulling wire and /or cable through conduit and the
installation of any incidental conduit, such that the employees
covered hereby can complete any job in full.
MARBLE FINISHER
Loading and unloading trucks, distribution of all materials (all
stone, sand, etc.), stocking of floors with material, performing all
rigging for heavy work, the handling of all material that may be
needed for the installation of such materials, building of
scaffolding, polishing if needed, patching, waxing of material if
damaged, pointing up, caulking, grouting and cleaning of marble,
holding water on diamond or Carborundum blade or saw for setters
cutting, use of tub saw or any other saw needed for preparation of
material, drilling of holes for wires that anchor material set by
setters, mixing up of molding plaster for installation of material,
mixing up thin set for the installation of material, mixing up of sand
to cement for the installation of material and such other work as may
be required in helping a Marble Setter in the handling of all
material in the erection or installation of interior marble, slate,
travertine, art marble, serpentine, alberene stone, blue stone,
granite and other stones (meaning as to stone any foreign or domestic
materials as are specified and used in building interiors and
exteriors and customarily known as stone in the trade); carrara,
sanionyx, vitrolite and similar opaque glass and the laying of all
marble tile, terrazzo tile, slate tile and precast tile, steps, risers
treads, base, or any other materials that may be used as substitutes
for any of the aforementioned materials and which are used on interior
and exterior which are installed in a similar manner.
MATERIAL TESTER I: Hand coring and drilling for testing of materials;
field inspection of uncured concrete and asphalt.
MATERIAL TESTER II: Field inspection of welds, structural steel,
fireproofing, masonry, soil, facade, reinforcing steel, formwork,
cured concrete, and concrete and asphalt batch plants; adjusting
proportions of bituminous mixtures.
OPERATING ENGINEER - BUILDING
Class 1. Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with
Caisson Attachment; Batch Plant; Benoto (requires Two Engineers);
Boiler and Throttle Valve; Caisson Rigs; Central Redi -Mix Plant;
Combination Back Hoe Front End - loader Machine; Compressor and Throttle
Valve; Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete
Conveyor (Truck Mounted); Concrete Paver Over 27E cu. ft; Concrete
Paver 27E cu. ft. and Under: Concrete Placer; Concrete Placing Boom;
Concrete Pump (Truck Mounted); Concrete Tower; Cranes, All; Cranes,
Hammerhead; Cranes, (GCI and similar Type); Creter Crane; Spider
Crane; Crusher, Stone, etc.; Derricks, All; Derricks, Traveling;
Formless Curb and Gutter Machine; Grader, Elevating; Grouting
Machines; Heavy Duty Self - Propelled Transporter or Prime Mover;
Highlift Shovels or Front Endloader 2 -1/4 yd. and over; Hoists,
Elevators, outside type rack and pinion and similar machines; Hoists,
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Page 3 of 6
6 / ? / ?nl 5
Cook County Prevailing Wage for June 2015
One, Two and Three Drum; Hoists, Two Tugger One Floor; Hydraulic
Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar equipment);
Locomotives, All; Motor Patrol; Lubrication Technician; Manipulators;
Pile Drivers and Skid Rig; Post Hole Digger; Pre - Stress Machine; Pump
Crates Dual Ram; Pump Cretes: Squeeze Cretes -Screw Type Pumps; Gypsum
Bulker and Pump; Raised and Blind Hole Drill; Roto Mill Grinder;
Scoops - Tractor Drawn; Slip -Form Paver; Straddle Buggies; Operation
of Tie Back Machine; Tournapull; Tractor with Boom and Side Boom;
Trenching Machines.
Class 2. Boilers; Broom, All Power Propelled; Bulldozers; Concrete
Mixer (Two Bag and Over); Conveyor, Portable; Forklift Trucks;
Highlift Shovels or Front Endloaders under 2 -1/4 yd.; Hoists,
Automatic; Hoists, Inside Elevators; Hoists, Sewer Dragging Machine;
Hoists, Tugger Single Drum; Laser Screed; Rock Drill (Self - Propelled);
Rock Drill (Truck Mounted); Rollers, All; Steam Generators; Tractors,
All; Tractor Drawn Vibratory Roller; Winch Trucks with "A" Frame.
Class 3. Air Compressor; Combination Small Equipment Operator;
Generators; Heaters, Mechanical; Hoists, Inside Elevators (remodeling
or renovation work); Hydraulic Power Units (Pile Driving, Extracting,
and Drilling); Pumps, over 3" (1 to 3 not to exceed a total of 300
ft.); Low Boys; Pumps, Well Points; Welding Machines 12 through 5);
Winches, 4 Small Electric Drill Winches.
Class 4. Bobcats and /or other Skid Steer Loaders; Oilers; and Brick
Forklift.
Class 5. Assistant Craft Foreman.
Class 6. Gradall.
Class 7. Mechanics; Welders.
OPERATING ENGINEERS - HIGHWAY CONSTRUCTION
Class 1. Asphalt Plant; Asphalt Heater and Planer Combination; Asphalt
Heater Scarfire; Asphalt Spreader; Autograder /GOMACO or other similar
type machines: ABG Paver; Backhoes with Caisson Attachment; Ballast
Regulator; Belt Loader; Caisson Rigs; Car Dumper; Central Redi -Mix
Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe
Bucket or over or with attachments) ; Concrete Breaker (Truck
Mounted); Concrete Conveyor; Concrete Paver over 27E cu. ft.; Concrete
Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Tower
Cranes of all types: Creter Crane: Spider Crane; Crusher, Stone, etc.;
Derricks, All; Derrick Boats; Derricks, Traveling; Dredges;
Elevators, Outside type Rack s Pinion and Similar Machines; Formless
Curb and Gutter Machine; Grader, Elevating; Grader, Motor Grader,
Motor Patrol, Auto Patrol, Form Grader, Pull Grader, Subgrader; Guard
Rail Post Driver Truck Mounted; Hoists, One, Two and Three Drum; Heavy
Duty Self - Propelled Transporter or Prime Mover; Hydraulic Backhoes;
Backhoes with shear attachments up to 40' of boom reach; Lubrication
Technician; Manipulators; Mucking Machine; Pile Drivers and Skid Rig;
Pre- Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid
Rig; Rock Drill - Truck Mounted; Rock /Track Tamper; Roto Mill
Grinder; Slip -Form Paver; Snow Melters; Soil Test Drill Rig (Truck
Mounted); Straddle Buggies; Hydraulic Telescoping Form (Tunnel) ;
Operation of Tieback Machine; Tractor Drawn Belt Loader; Tractor
Drawn Belt Loader (with attached pusher - two engineers); Tractor with
Boom; Tractaire with Attachments, Traffic Barrier Transfer Machine;
Trenching; Truck Mounted Concrete Pump with Boom; Raised or Blind Hole
Drills (Tunnel Shaft); Underground Boring and /or Mining Machines 5
ft. in diameter and over tunnel, etc; Underground Boring and /or Mining
Machines under 5 ft. in diameter; Wheel Excavator; Widener (APSCO).
Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve;
Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front
Endloader Machine (Less than 1 cu. yd. Backhoe Bucket or over or with
attachments) ; Compressor and Throttle Valve; Compressor, Common
Receiver (3) ; Concrete Breaker or Hydro Hammer; Concrete Grinding
Machine; Concrete Mixer or Paver 7S Series to and including 27 cu.
ft.; Concrete Spreader; Concrete Curing Machine, Burlap Machine,
Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck
Page 4 of 6
., _ --- r,�_iir ---._ , `(1(ITt000Qhtm A / ?/ ?015
Cook County Prevailing Wage for June 2015
Cars (Haglund or Similar Type); Drills, All; Finishing Machine -
Concrete; Highlift Shovels or Front Endloader; Hoist - Sewer Dragging
Machine; Hydraulic Boom Trucks (All Attachments); Hydro- Blaster; Hydro
Excavating (excluding hose work); Laser Screed; All Locomotives,
Dinky; Off -Road Hauling Units (including articulating) Non
Self- Loading Ejection Dump; Pump Cretes: Squeeze Cretes - Screw Type
Pumps, Gypsum Balker and Pump; Roller, Asphalt; Rotary Snow Plows;
Rototiller, Seaman, etc., self - propelled; Self- Propelled Compactor;
Spreader - Chip - Stone, etc.; Scraper - Single /Twin Engine /Push and
Pull; Scraper - Prime Mover in Tandem (Regardless of Size); Tractors
pulling attachments, Sheeps Foot, Disc, Compactor, etc.; Tug Boats.
Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender;
Compressor, Common Receiver (2); Concrete Mixer (Two Bag and Over);
Conveyor, Portable; Farm -Type Tractors Used for Mowing, Seeding, etc.;
Forklift Trucks; Grouting Machine; Hoists, Automatic; Hoists, Ali
Elevators; Hoists, Tugger Single Drum; Jeep Diggers; Low Boys; Pipe
Jacking Machines; Post -Hole Digger; Power Saw, Concrete Power Driven;
Pug Mills; Rollers, other than Asphalt; Seed and Straw Blower; Steam
Generators; Stump Machine; Winch Trucks with "A" Frame; Work Boats;
Tamper-Form -Motor Driven.
Class 4. Air Compressor; Combination - Small Equipment Operator;
Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic
Power Unit (Pile Driving, Extracting, or Drilling); Light Plants, All
(1 through 5); Pumps, over 3" (1 to 3 not to exceed a total of 300
ft.); Pumps, Well Points; Vacuum Trucks. (excluding hose work); Welding
Machines (2 through 5); Winches, 4 Small Electric Drill Winches.
Class 5. SkidSteer Loader (all); Brick Forklifts; Oilers.
Class 6. Field Mechanics and Field Welders
Class 7. Dowell Machine with Air Compressor; Gradall and machines of
like nature.
OPERATING ENGINEER - FLOATING
Class 1. Craft Foreman; Master Mechanic; Diver /Wet Tender; Engineer;
Engineer (Hydraulic Dredge).
Class 2. Crane /Backhoe Operator; Boat Operator with towing
endorsement; Mechanic /Welder; Assistant Engineer (Hydraulic Dredge);
Leverman (Hydraulic Dredge); Diver Tender.
Class 3. Deck Equipment Operator, Machineryman, Maintenance of Crane
(over 50 ton capacity) or Backhoe (115,000 lbs. or more); Tug /Launch
Operator; Loader /Dozer and like equipment on Barge, Breakwater Wall,
Slip /Dock, or Scow, Deck Machinery, etc.
Class 4. Deck Equipment Operator, Machineryman /Fireman (4 Equipment
Units or More); Off Road Trucks; Deck Hand, Tug Engineer, Crane
Maintenance (50 Ton Capacity and Under) or Backhoe Weighing (115,000
pounds or less); Assistant Tug Operator.
Class 5. Friction or Lattice Boom Cranes.
Class 6. ROV Pilot, ROV Tender
SURVEY WORKER - Operated survey equipment including data collectors,
G.P.S. and robotic instruments, as well as conventional levels and
transits.
TERRAZZO FINISHER
The handling of sand, cement, marble chips, and all other materials
that may be used by the Mosaic Terrazzo Mechanic, and the mixing,
grinding, grouting, cleaning and sealing of all Marble, Mosaic, and
Terrazzo work, floors, base, stairs, and wainscoting by hand or
machine, and in addition, assisting and aiding Marble, Masonic, and
Terrazzo Mechanics.
TRAFFIC SAFETY
Page 5 of 6
httn• / /www iltinniq onv /icin1/T.awq -Rnleq /CONNED /rates /2015 /iune /COOK9999.htm 6/2/2015
Cook County Prevailing Wage for June 2015
work associated with barricades, horses and drums used to reduce lane
usage on highway work, the installation and removal of temporary lane
markings, and the installation and removal of temporary road signs.
TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION - EAST 5 WEST
Class 1. Two or three Axle Trucks. A -frame Truck when used for
transportation purposes; Air Compressors and Welding Machines,
including those pulled by cars, pick -up trucks and tractors;
Ambulances; Batch Gate Lockers; Batch Hopperman; Car and Truck
Washers; Carry -ails; Fork Lifts and Hoisters; Helpers; Mechanics
Helpers and Greasers; Oil Distributors 2 -man operation; Pavement
Breakers; Pole Trailer, up to 40 feet; Power Mower Tractors;
Self - propelled Chip Spreader; Skipman; Slurry Trucks, 2 -man operation;
Slurry Truck Conveyor Operation, 2 or 3 man; Teamsters; Unskilled
Dumpman; and Truck Drivers hauling warning lights, barricades, and
portable toilets on the job site.
Class 2. Four axle trucks; Dump Crets and Adgetors under 7 yards;
Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnapulls or
Turnatrailers when pulling other than self- loading equipment or
similar equipment under 16 cubic yards; Mixer Trucks under 7 yards;
Ready -mix Plant Hopper Operator, and Winch Trucks, 2 Axles.
Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over;
Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or
turnapulls when pulling other than self - loading equipment or similar
equipment over 16 cubic yards; Explosives and /or Fission Material
Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit;
Oil Distributors, 1 -man operation; Pole Trailer, over 40 feet; Pole
and Expandable Trailers hauling material over 50 feet long; Slurry
trucks, 1 -man operation; Winch trucks, 3 axles or more;
Mechanic - -Truck Welder and Truck Painter.
Class 4. Six axle trucks; Dual- purpose vehicles, such as mounted
crane trucks with hoist and accessories; Foreman; Master Mechanic;
Self - loading equipment like P.B. and trucks with scoops on the front.
Other Classifications of Work:
For definitions of classifications not otherwise set out, the
Department generally has on file such definitions which are
available. If a task to be performed is not subject to one of the
classifications of pay set out, the Department will upon being
contacted state which neighboring county has such a classification and
provide such rate, such rate being deemed to exist by reference in
this document. If no neighboring county rate applies to the task,
the Department shall undertake a special determination, such special
determination being then deemed to have existed under this
determination. If a project requires these, or any classification not
listed, please contact IDOL at 217 - 782 -1710 for wage rates or
clarifications.
LANDSCAPING
Landscaping work falls under the existing classifications for laborer,
operating engineer and truck driver. The work performed by
landscape plantsman and landscape laborer is covered by the existing
classification of laborer. The work performed by landscape operators
(regardless of equipment used or its size) is covered by the
classifications of operating engineer. The work performed by
landscape truck drivers (regardless of size of truck driven) is
covered by the classifications of truck driver.
MATERIAL TESTER & MATERIAL TESTER /INSPECTOR I AND II
Notwithstanding the difference in the classification title, the
classification entitled "Material Tester I" involves the same job
duties as the classification entitled "Material Tester /Inspector I".
Likewise, the classification entitled "Material Tester II" involves
the same job duties as the classification entitled "Material
Tester /Inspector IT ".
Page 6 of 6
1. 4M•//.+..,,.,, al :....:.. ..... /:A„1R.,.....n „1 __� -Jn T7nnnn t..__ �,n ,�n+�
Legislative Summary
Resolution 15 -51
AUTHORIZING A CONTRACT FOR A POWER SUPPLY AGREEMENT FOR THE PURCHASE OF
ELECTRICITY AND OTHER RELATED SERVICES
Introduced:
June 8, 2015
Synopsis:
This resolution authorizes the Village Administrator to enter into a contract to purchase
electricity pursuant to the Village's electrical aggregation program.
Purpose:
The operation of an electrical aggregation program has saved money for Village residents and
small businesses for the purchase of electricity.
Background:
Pursuant to Ordinance 12 -12, the Village is authorized to operate an electric power aggregation
program in accordance with 1 -92 of the Illinois Power Agency Act. The purpose of this program
is to provide cost savings Village -wide for the purchase of electricity. The program includes an
opt -out provision for residential and small commercial retail customers. Pursuant to Ordinance
14 -03, the Village entered into a three year agreement with FirstEnergy Solutions, Inc. for the
purchase of electricity. Pursuant to said agreement, the Village is able to opt -out of the contract
at any time. The Village's Electrical Aggregation Consultant (NIMEC) has recommended the
Village rebid its contract at this time. This resolution will authorize the Village Administrator to
enter into a new contract with a supplier to provide electricity and related services to all eligible
customers who choose not to opt -out of the program, if he believes it is in the best interest of the
Village, based on market pricing at the time final bids are received.
Programs, Departs
Administration, Corporation Counsel and Finance Director
or Groups Affected
Fiscal Impact:
While there is no guarantee as to savings, it is anticipated residents and small businesses will see
a cost savings on their electrical supply.
Source of Funds:
N/A
Workload Impact:
The Village Administrator, Corporation Counsel, and the Finance Director will continue to
oversee the contract.
Admin Recommend:
Approval as presented
Second Reading:
N/A
Special Consider or
None
Requirements:
Respectfully submitted:
Pro Tem
Prepared by: _
Teresa Hoffma is orporation Counsel
RESOLUTION 15 -51
AUTHORIZING A CONTRACT FOR A POWER SUPPLY AGREEMENT FOR THE PURCHASE
OF ELECTRICITY AND OTHER RELATED SERVICES
WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois is a home
rule unit of government under the provisions of Article 7 of the Constitution of the State of Illinois, can
exercise any power and perform any function pertaining to its government affairs, including but not limited
to the power to tax and incur debt; and
WHEREAS, pursuant to Section 1 -92 of the Illinois Power Agency Act, the Village may operate an
Aggregation Program as an opt -out program for residential and small commercial retail customers since a
referendum was passed by a majority vote of the residents pursuant to the Act's requirements; and
WHEREAS, the Village submitted that question in a referendum on March 20, 2012, and a majority
of the electors did vote on the question in the affirmative; and
WHEREAS, the Corporate Authorities hereby find it is in the best interest of the Village to continue
to operate the Aggregation Program under the Act as an opt -out program; and
WHEREAS, pursuant to Ordinance 12 -12, the Village adopted and approved an electric power
aggregation plan of operation and governance; and
WHEREAS, pursuant to Ordinance 14 -03, the Village authorized the Village Administrator to enter
into a contract with a supplier for the purchase of electricity and other related services and pursuant thereto
the Village entered into a three year agreement for the purchase of electricity from First Energy Solutions,
Corp.; and
WHEREAS, pursuant to said agreement, the Village is able to opt -out of said agreement at any
time; and
WHEREAS, the conditions within the electrical supply market are favorable and the Village's
Electrical Aggregation Consultant (NIMEC) has recommended the Village rebid its contract for the
purchase of electricity at this time; and
WHEREAS, In order to identify qualified suppliers of electricity for the Program, the Northern
Illinois Municipal Electric Collaborative ( "NIMEC ") conducted a Request for Qualifications and Joint
Power Supply Bid process, and has
WHEREAS, the Corporate Authorities find it is in the best interest of the Village to enter into a new
contract with a supplier to provide the Full- Requirements Electricity Supply Services and the Program
Implementation Services as defined herein (collectively, the "Services ") to all Eligible Customers who
choose not to opt out of the Program throughout the Term of the Agreement at a price established in the
Agreement pursuant to the terms of the Act. However, the final decision will be based upon market pricing
with the Village retaining the option of continuing its current contract or suspending the program and
returning all participants back to Commonwealth Edison.
NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses
into this Resolution as though fully set forth herein thereby making the findings as hereinabove set forth.
SECTION 2: The Corporate Authorities hereby grant the Village Administrator and /or his designee
the specific authority to execute a contract with a new electrical supplier should he find it is in the best
interest of the Village and terminate its current contract with First Energy Solutions, Inc. without further
action by the Corporate Authorities and with the authority to bind the Village.
SECTION 3: This resolution shall be in full force and effect after its passage, approval and
publication in pamphlet form as provided by law.
PASSED THIS 8`h day of June 2015.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Minx
Pietron
Ramos
Thill
Witko
APPROVED BY ME THIS 8th day of June 2015.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILES in my office
This 91h day of June 2015,
Susan Lattanzi, Deputy Village Clerk
Village of Morton Grove
Cook County, Illinois