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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 V e e V6 S� E eQ T E f is d e °° o 08 ¢�� 0 Naa g Q. A 8 8 8 8 8 N 8 C A 8 _ 8 8 8 _ 8» 8 _ 8 5% 8 .°, 8 & 8 A 8 8 A 8 - 8 R g n B 8 R 8 o a 4 t z 8 8 8 8 8, 8 8 8, 8, 8 8 8 N^ ' 8 « G A _ _ w &� 8 3. ^ S' A .",. F. E, « •^. 't » .^, S L� 8 .A A` ~XJ le i§ 888.€-%8, ss 8x8 a 8ss _ 8 8ss _ .°n a s a $ U w s s 8 8 0 8 s s 8 °€ 8 8 S e ., s 8 s E°; s 8 S S 8, 8 8 8 8 8 8 8 S 8 8 8 8 s 0$ s z $imrc wm UmN� A - z tj OU 8 8 8 8 8 Uw a i z a 8& m$ „- IC & °„ S S- A° » S S« $ 8 �. R Fg. .� 8 A A 8 C S_ a $ C 8_ 8 8 8 8 8 .°� 8 8 R 8 h 8« 0 a s 7a s s a 9 a 3 §n p< w �: Y w; e o w z `ooem 8 z e w e 3��so m o o $ J M ?' A° �m ( � §( ;« �� Li /( |! }i ®! ® |((� !!§ ! /,[!!!!!; ;!! ( !i!\!!! ||!E(( ` \ 09 ! ..,,,,,,,; ; Ci § E!! §!!z! -- )\ ! | } }([ \ §\[ |[[ ,) �\ . {; \ | /(\ ! |!i\R� ;.| § \ \) }) | |(( )( ( � §( ;« �� Li 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. Printed 5/11/2015 Page 2 of 0 OP-D1 Morton Grove Maintenance Agreement 15 911 053 01 BOBS 9073 (Rev. 09/03114) Appropriation Code 011. 49405. 4472 -0200 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. Printed 5/11/2015 Page 4 of 8 OP -Di Morton Grove Maintenance Agreement 15 911 053 01 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 Printed 5111/2015 Page 6 of 6 OP -D1 Morton Grove Maintenance Agreement 15 911 053 01 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 F9plM) p Iw j STATEOFDILIM9 YWporw w. DFPARIMQ? 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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" 4 of 47 6/2/2015 Village of Morton Grove 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. 6 of 47 6/2/2015 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. of Al 41n ^n l e , 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. 8 of 47 6/2/2015 ?,tom t� 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. n ..CAST - 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. 10 of 47 6/2/2015 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 11 of d7 uvnn,r 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. 12 of 47 6/2/2015 Village of Morton Grove 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 14 of 47 6/2/2015 Village of Morton Grove 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 � ,,, .r r 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. 16 of 47 6/2/2015 Village of Morton Grove Public Works Salt Dome Replacement Project 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. 1 7 of d7 c in in n, c 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 18 of 47 6/2/2015 Village of Morton Grove Public Works Salt Dome Replacement Proiect 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. 20 of 47 6/2/2015 a I�rt Village of Morton Grove Public Works Salt Dome Replacement Project 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: 21 of 47 riO)Mrnc Village of Morton Grove Public Works Salt Dome Replacement Project 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. 22 of 47 6/2/2015 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 24 of 47 6/2/2015 Village of Morton Grove Public Works Salt Dome Replacement Proiect 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. 26 of 47 6/2/2015 Village of Morton Grove Public Works Salt Dome Replacement Project 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; 11 . -r A7 - 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. 28 of 47 6/2/2015 '.r r Village of Morton Grove Public Works Salt Dome Replacement Project 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. 30 of 47 6/2/2015 Village of Morton Grove Public Works Salt Dome Replacement Project 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 32 of 47 6/2/2015 Village of Morton Grove Public Works Salt Dome Replacement Project 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. 34 of 47 6/2/2015 Village of Morton Grove Public Works Salt Dome Replacement Project 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 36 of 47 6/2/2015 Village of Morton Grove 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. 38 of 47 6/2/2015 Village of Morton Grove Public Works Salt Dome Replacement Project 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. 40 of 47 6/2/2015 Village of Morton Grove Public Works Salt Dome Replacement Project 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. 42 of 47 6/2/2015 Village of Morton Grove Public Works Salt Dome Replacement Proiect 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; 44 of 47 6/2/2015 Village of Morton Grove Public Works Salt Dome Replacement Proiect 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 t • �L�l i 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 46 of 47 6/2/2015 Sf y. r 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 { \ ! ! { �\ |! \ ®! ;; �� }! / |� |; ! �[� ;••,!.- �` !l ;..; ; })\[[ }j |� d; f!4 ���| i |!! ;: } } \[ \ \ \§ \� | |!( !``! , » ! !;!] :: }( } \/ `- - ° _ /�!� {)} _ �`�§ } ;) ;: ) � { |; |[ §[[ \ \!; !� " =�!!)\ ;; \, { \ },{ } !§) �!) }\ I!!�� J. ; ;! � � �� \f��! : | / - ;!i! \\ ! g!!!!! �,! �_,.... g /� { �\ |! \ {. \( !| {) � {� �| ! /(� T 00 } { {, � ) � _ § (` { , \� § ! ! } � \) ) }) || _ ..... §/ | � {� �| ! 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, hrt„• / /11mnz, illinnic nnvfi AnIll V;11ne /CnCW000Q htm 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