HomeMy WebLinkAbout2015-11-09 Board Agendaage ofarorton ve
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VILLAGE BOARD OF TRUSTEES
REGULAR MEETING NOTICE/AGENDA
TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER
SCANLON CONFERENCE ROOM
NOVEMBER 9, 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. Executive Session
THE BALANCE OF THE MEETING SHALL COMMENCE AT 7:00 PM
IN THE COUNCIL CHAMBERS
OF THE RICHARD T. FLICKINGER MUNICIPAL CENTER
4. Reconvene Meeting
5. Pledge of Allegiance
6. Roll Call
7. Approval of Minutes — Regular Meeting — October 26, 2015
8. Special Reports
9. Public Hearings
10. Residents' Comments (agenda items only)
Richard T. Flickinger Municipal Center
6101 Capulina Avenue • Morton Grove, Illinois 60053-2985
Tel: (847) 965-4100 Fax: (847) 965-4162
Recycled Parser
11. President's Report —Administration, Northwest Municipal Conference, Council of Mayors, Strategic
Plan, Comprehensive Plan
a. Mayoral Update/Review
12. Clerk's Report — Community Relations Commission
13. Staff Reports
a. Village Administrator
1) 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 15-24 (Introduced October 26, 2015) (Second Reading)
Amending Title 7 "Public Properties and Utilities", Chapter I Entitled "Streets and
Public Ways", Section 15 Entitled "Driveways" to Establish a Permitting Procedure for
Variances to Driveway Approaches
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)
1) Resolution 15-69 (Introduced November 9, 2015)
Authorizing the Execution of a Task Order with Ciorba Group, Inc. for Design
Engineering Services for Austin Avenue Improvements
d. Trustee Ramos — Legal, Finance Department, Finance Advisory Commission, Traffic Safety
Commission, Waukegan Road TIF, 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)
15. Other Business
16. Presentation of Warrants: $1,278,206.74
17. Residents' Comments
18. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate
19. Adjournment - To ensure full accessibility and equal participation 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 (847/470-5220)
promptly to allow the Village to make reasonable accommodations.
MINUTES OF A REGULAR MEETING OF THE PRESIDENT
AND THE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE
COOK COUNTY, ILLINOIS, HELD AT THE
RICHARD T. FLICKINGER MUNICIPAL CENTER
OCTOBER 26, 2015
CALL TO ORDER
I & Village President Dan DiMaria called the meeting to order at 7:00 p.m. in the Council
II. Chambers of Village Hall and led the Board and assemblage in the Pledge of Allegiance.
III. Village Clerk Connie Travis called the roll. Present were: Trustees Bill Grear, Rita Minx,
John Pietron, Ed Ramos, John Thill, and Janine Witko.
IV.
1.
a.
b.
APPROVAL OF MINUTES
Regarding the Minutes of the October 12, 2015 Regular Board Meeting, Trustee Minx moved,
seconded by Trustee Pietron, to accept the Minutes as presented. Motion passed
unanimously via voice vote.
SPECIAL REPORTS
Presentation Regarding the American Legion Naval Thanksgiving Dinner
Mayor DiMaria said introduced Casey Bachara and Joseph Gesicki of American Legion
Post #134, present this evening to talk about the upcoming annual "Navy Day" Thanksgiving
celebration.
Mr. Bachara thanked the Board for their time. He said this is the 9th year the Legion is hosting
50 recruits from Great Lakes. He said he was here tonight to ask the Village to support this
venture and also to invite the mayor, the board members, and the staff to join them in thanking
these recruits.
c. Mayor DiMaria asked what time it started. Mr. Bachara said that District 67 provides a bus that
picks up the recruits early and usually they get back to the post between 8:30 and 9:15 a.m.
He added that people are welcome to donate breakfast sweets, and they can even drop them
off the day before, as several Legion members will be there decorating. The bus takes the
recruits back between 4:30 and 5:00 p.m.
d. Mr. Bachara said the best time to visit is during entertainment time, around 10:30 a.m. The
recruits usually eat around 12:30, and they then entertain the veterans. He added this is the
first day off these recruits have had since they began their training.
V. SPECIAL REPORTS (continued)
e. Mr. Gesicki also thanked the mayor, the board, the Police Department and Fire Department
for their ongoing support. He also acknowledged several local merchants, who donate food,
beverages, desserts, etc.—Kappy's Restaurant, Maier's Bakery, Produce World, Village
Creamery of Niles, and Mariano's of Glenview. He said it's heartwarming to see these recruits
enjoying themselves. Mr. Gesicki thanked all Morton Grove residents for their generosity.
f. Mayor DiMaria said he and the Board are grateful to the Legion for providing this service. He
said it's a great event, one that makes you feel good to go over there and spend some time
with these young men. He said the Village would help publicize the event.
VI. PUBLIC HEARINGS
NONE
VII. RESIDENTS' COMMENTS (Agenda and Non -Agenda Items)
Dr. Phil Collins, Superintendent of District 70, thanked Mike Dahm and Andy DeMonte from
Public Works for getting some additional stop signs installed on Lake Street and in front of
the school building entrance. He commended the Village for its great staff and said that the
power of the Village/School District collaboration is huge and is a key piece to fully serving the
residents of Morton Grove.
Mayor DiMaria thanked Dr. Collins and Mr. DeMonte.
VIII. PRESIDENT'S REPORT
1. Mayoral Update
a. Mayor DiMaria said the State Fire Marshal came to visit Fire Station #4 on October 22 in honor
of Fire Prevention month and to attend a short fire prevention presentation. The event was very
well attended by residents, staff members, and local and state elected officials.
b. Mayor DiMaria reminded everyone to change their clocks back one hour this weekend, and to
take the time to check the batteries in their smoke alarms and carbon monoxide detectors.
c. Mayor DiMaria visited Melzer School to visit classes, answer questions, and meet the student
council. He also participated in reading a book to some of the students as part of the national
program "Read For the Record."
d. Regarding the alternate water supply study, Mayor DiMaria said analysis and planning continue
with the Village's partner, the Village of Niles, towards the development of infrastructure design
and contract terms. The mayor said that, on tonight's Agenda is a resolution authorizing the
continuation of engineering analysis of a concept exploring the option of using and/or
enhancing the existing water distribution infrastructure of the Village of Skokie and City of
Evanston to provide cost-effective capital expansion to provide an alternate water supply source
for the Villages of Morton Grove and Niles. Mayor DiMaria said that actions like this are good
government. Although this is a monumental task, Morton Grove is moving further along a path
that will lead to cost savings for the Village and its residents.
2
f.
g
PRESIDENT'S REPORT (continued)
Mayoral Update: (continued)
Mayor DiMaria announced that the Veterans Day Parade will take place on November 8, kicking
off at 1:30 p.m. and departing from American Legion Post #134. He hoped that everyone would
come to the Civic Center after the parade for the dedication of the eagle scout project, which is
a brick paver walk and signage recognizing the various branches of military service at the west
side of the Civic Center He encouraged all to come out and support the veterans and the
scouts, saying "It's the least we can do."
Mayor DiMaria mentioned that a Street Crack Sealing Program is beginning. Residents living
on the involved streets will receive a blast phone message from the Public Works department,
stating that work will begin within a few days and should take no longer than 10 days. Streets
will remain open during the work; however, temporary no parking signs will be installed and will
be enforced. Residents will also be advised to keep their windows closed, as it will be dusty.
Mayor DiMaria noted that the RTA has approved two Village transit -oriented projects. The
two approved projects will include and impact the Lincoln/Lehigh/Ferris area. The first is a
Transit -Oriented Development Developer Discussion Panel which will organize potential
strategies to help the Village in its continuing efforts to attract desired developments in its
transit -oriented district. The second approved project is a Zoning Code Update. The RTA will
engage planning consultants with the goal to make the Village's zoning code more attractive
to potential developers and other investors by creating more clearly-defined land control
regulations and procedures. Both of these projects will be done at no cost to the Village.
Mayor DiMaria congratulated Village staff on their efforts which got these two projects
approved.
h. Mayor DiMaria said that Budget Workshops will begin soon. The first one, a simple overview of
the Budget, will be held on October 29 at 6:00 p.m. The second one will have more content and
will be held on November 5, also at 6:00 p.m. The last scheduled Budget Workshop will be on
Wednesday, November 18, at 6:00 p.m. All Budget Workshops are open to the public and will
take place at Village Hall in the second -floor Trustees' Conference Room. The first reading of
the Budget and Tax Levy Ordinances is expected to take place at the Board's regularly -
scheduled meeting on November 23 and the second reading and vote will be done at the Board
Meeting on December 14. Mayor DiMaria encouraged all interested residents to attend the
Budget Workshops.
IX. CLERK'S REPORT
Clerk Travis had no report.
X. STAFF REPORTS
A Village Administrator
a. Village Administrator Czerwinski said he appreciated the Mayor's comments on the alternate
water supply study. He said that determining the best and most cost-effective way to deliver
water to Morton Grove residents and businesses is an ongoing project of staff, to which they've
already devoted a lot of effort.
3
X STAFF REPORTS (continued)
b. Mr. Czerwinski said that the resolution the Board is entertaining this evening will provide the
Village with another opportunity for staff to look at a different method of water delivery, so that
when staff comes to the Board in the future, with the various ways that water can be conveyed,
or is currently conveyed, the Board can make the wisest decision for the future, saving money
and working with other communities to make sure the Village has the best product possible.
c. Mr. Czerwinski said that this analysis will be a phased approach over 13 weeks of study. The
goal is to understand the water systems of Evanston and Skokie, Niles and Morton Grove. The
skeletonized report will look at water mains 12" or larger, which could be distribution mains to
provide a level of redundancy, efficiency and operational readiness for Morton Grove's water
system.
d. Mr. Czerwinski noted that the contract which staff has negotiated is time -and -materials -related,
so, if after five or six weeks into it, it doesn't seem appropriate, the Village won't continue the
study. Village staff will stay on top of contractor so the Village spends its money wisely. This is a
key component, Mr. Czerwinski said, adding that he hoped to see this all coming together in the
next quarter.
B. Corporation Counsel:
Corporation Counsel Liston had no report.
XI.
A. Trustee Grear:
TRUSTEES' REPORTS
1. Trustee Grear presented for a first reading Ordinance 15-24, Amending Title 7, "Public
Properties and Utilities," Chapter 1 Entitled "Streets and Public Ways," "and Section 15,
Entitled "Driveways," To Establish a Permitting Procedure For Variances to Driveway
Approaches.
a.
b.
He said that the Village has received numerous requests for permission to construct driveway
approaches or aprons on the public right-of-way with non-standard materials and/or decorative
materials, such as brick pavers. Village staff recommended that the Village Code be amended
to allow for these types of installations, subject to conditions that safeguard the public interest.
Non-standard driveway approaches will require a special Village permit, must be constructed
of the same material as the property owner's driveway, and shall not interfere with or create
an unsafe condition at the public right-of-way. Further, the property owner shall pay all costs
associated with the installation, maintenance, repair, and removal of the non-standard driveway
approach and shall release, indemnify, and hold harmless the Village and all utility companies
working within the public right-of-way from any and all claims or expenses resulting from the
non-standard driveway approach.
Trustee Grear asked Village Administrator Czerwinski to elaborate on the Village's rationale for
making this change. Mr. Czerwinski said that things have changed in the construction world.
There are now ornamental aspects to concrete. Homeowners love the aesthetics—but this
can be a burden to public works projects. Thus Village staff has developed a process, with
conditions, by which this can be done.
4
XI. TRUSTEES' REPORTS (continued)
A. Trustee Grear: (continued)
c. Mr. Czerwinski said that, typically, driveway aprons are on public property. Having an
ornamental driveway approach can be a burden for utilities if they have to work in the public
right-of-way. He said that he's comfortable with the proposed changes both from an operational
standpoint and from an enforcement standpoint. He pointed out that this does not impact the
public sidewalks, which are maintained by the Village.
Trustee Grear said that no action will be taken this evening as this is a first reading.
B. Trustee Minx:
Trustee Minx had no report.
C. Trustee Pietron:
1. Trustee Pietron presented Resolution 15-66, Authorizing the Execution of a Contract With
Ciorba Group, Inc. For Professional Engineering Services.
a. He explained that this Resolution gives the Village the use of a professional engineering
company to supplement existing engineering staff during peak periods of work or to perform
specialized services. Typical projects involve the review of private developments and design
of infrastructure.
b.
c.
Trustee Pietron said that, in 2012, Village staff recommended, developed, and implemented
a Request for Qualifications (RFQ) process that included solicitation, review of statements of
interest, and interviews. This process complies with Qualifications Based Selection, which is
required to procure engineering services for projects that include federal funding. A total of
seven statements of interest were received from local firms. Staff recommends Ciorba Group,
Inc. to the Board, based on their ability to perform the work, institutional knowledge of the
Village's infrastructure, and value.
Trustee Pietron noted that approving this resolution does not obligate any cost to the Village.
The 2016 Draft Budget allocates $15,000 to specialized engineering services when the need
for such services arises. Engineering services exceeding $20,000 would require future Board
approval. Engineering services for private development review are 100% reimbursable by the
permit applicant.
Trustee Pietron moved, seconded by Trustee Witko, to approve Resolution 15-66.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Minx aye
Tr. Ramos Rya Tr. Thiil Lit
Tr. Pietron a�
Tr. Witko ays
5
XI. TRUSTEES' REPORTS (continued)
D. Trustee Ramos:
1. Trustee Ramos presented Resolution 15-67, Authorizing the Execution of a Contract With
Sikich LLP, Inc. To Perform Auditing Services.
a. He explained that the Village is required by State Statute to have an annual audit of its financial
statements.
b. In 2011, the Village first entered into a contract with Sikich LLP to perform auditing services for
the Village and the Library for 2010 to 2014. In September of 2015, Sikich LLP proposed to the
Village to provide auditing services for the year ending December 31, 2015, at a cost of
$32,160 for Village services, $2,650 for the TIF compliance examination, $2,000 for the
Single Audit report, if applicable, and a one-time fee of $2,500 for the implementation of the
GASB Statement No. 68, accounting and financial reporting for pensions (an amendment of
GASB Statement No. 27). These fees include out-of-pocket costs, such as report reproduction,
postage, etc.
c. Trustee Ramos said that Village staff determined that the proposed prices were reasonable,
and because of the recent transition in key staff members of the Finance Department, the
Village Administrator has recommended the Village enter into a one-year contract with
Sikich LLP for auditing services to give continuity while a new Finance Director is sought and
hired.
2
Trustee Ramos moved, seconded by Trustee Grear, to approve Resolution 15-67.
Motion passed: 6 ayes, 0 nays.
Tr. Grear gyp, Tr. Minx gyp. Tr. Pietron
Tr. Ramos p_ye Tr. Thiil gyp. Tr. Witko
gys
kypj
Next, Trustee Ramos presented Resolution 15-68, Authorizing an Amendment to the
Professional Service Agreement Between Stanley Consultants, Inc. and the Villages of
Morton Grove and Niles For a Joint Water Project.
a. He said that the Villages of Morton Grove and Niles had entered into an agreement with Stanley
Consultants to review and update construction cost estimates for a new water transmission
main from the City of Evanston to the Villages. Based on the initial work performed by Stanley
Consultants, the Villages have learned there may be an alternative method of water delivery
from Evanston using existing water distribution infrastructure of the Villages, as well as that of
the Village of Skokie and the City of Evanston.
b. Trustee Ramos said that staff is recommending that the scope of Stanley Consultants, Inc.'s
contract be expanded to analyze this alternative delivery method. The Villages have negotiated
an amended scope of services, which includes projecting future water demands for the Villages;
determining the water transmission improvements needed; creating a needed skeletonized
water system model; meeting with representatives of the four water systems to review
information and determine the best options for development of a four system modeling effort;
determining/ evaluating future demand rates, weak points, and restrictions in each of the four
systems; determining the improvements needed for each system to operate within acceptable
limitations; preparing opinions of probable cost for the proposed transmission improvements;
6
XI. TRUSTEES' REPORTS (continued)
D. Trustee Ramos: (continued)
and creating a technical memorandum summarizing the findings of this planning effort.
As Mr. Czerwinski stated earlier, if the initial analysis indicates this alternative delivery method
appears to be infeasible due to risks to the systems being studied or the projected cost, Stanley
Consultants will request direction from the Villages before proceeding further. The work is
expected to take 13 weeks.
c.
3.
a.
b.
Trustee Ramos noted that Stanley Consultants, Inc.'s fees will be based on the actual
amount of work performed. The fee for this contract shall not exceed $45,062. The Village of
Morton Grove and the Village of Niles will equally pay all approved charges. The Village
Administrator will oversee the implementation of the contract and agreement.
Trustee Ramos moved to approve Resolution 15-68. Trustee Thill seconded the motion.
Motion passed: 6 ayes, 0 nays.
Tr. Grear Rya Tr. Minx Lys
Tr. Ramos ave Tr. Thill Lys
Tr. Pietron Lye
Tr. Witko Lys
Trustee Ramos then introduced for a first reading Ordinance 15-25, Amending
Ordinance 15-11, Revising Title 1, Chapter 10, Article G of the Municipal Code Entitled
"Business Occupation Taxes."
He said that this is basically a housekeeping amendment to make non -substantive changes to
Ordinance 15-11. The changes have been requested by the Illinois Department of Revenue and
will correct certain headings and dates. This ordinance will not change the intent or substance
of Ordinance 15-11.
Trustee Ramos said that, because this is essentially a housekeeping ordinance which revises
certain headings, citations to the state statute, and filing dates to comply with the request of the
Illinois Department of Revenue, the Village Administrator is requesting that the second reading
of this Ordinance be waived.
Trustee Ramos therefore moved to waive the second reading of Ordinance 15-25. Trustee Thill
seconded the motion.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Minx
Tr. Ramos ate Tr. Thill
Lys
aye
Trustee Ramos then moved to adopt Ordinance 15-25,
Motion passed: 6 ayes, 0 nays.
Tr. Grear Aye Tr. Minx aye
Tr. Ramos aye Tr. Thill Lye.
Tr. Pietron
Tr. Witko
seconded by Trustee Witko.
Tr. Pietron
Tr. Witko
Lys
7
XI. TRUSTEES' REPORTS (continued)
E. Trustee Thill:
Trustee Thill had no report.
F. Trustee Witko:
Trustee Witko had no report.
XII.
XIII.
OTHER BUSINESS
NONE
WARRANTS
Trustee Ramos presented the Warrant Register for October 26, 2015, in the amount of
$1,540,455.13. He moved that the Warrants be approved as presented. Trustee Minx
seconded the motion.
Motion passed: 6 ayes, 0 nays.
Tr. Grear kya Tr. Minx
Tr. Ramos Tr. Thill
flys
Rya
RESIDENTS' COMMENTS
Tr. Pietron ay.p.
Tr. Witko
Brenda Ross and Barbara Novick appeared before the Board on behalf of the Morton Grove
Public Library Foundation. Ms. Novick is the President of the Library Board and Ms. Ross is a
librarian who is serving as the development manager of the MGPL's Foundation.
Ms. Novick said the Foundation has gotten off to a good start with several fundraising efforts,
and the Library has been getting a lot of recognition for its newly revamped space. She said the
Foundation would provide money for things that the Budget doesn't cover.
Ms. Ross invited the Board, staff, and assemblage to an upcoming fundraising event at the
Library, "Flight Night". It will be held at the Library on November 7 at 7:00 p.m. and will feature
craft beers, appetizers, and a cash bar. Tickets are $25 in advance or $30 at the door.
Proceeds will go to match a $50,000 grant the Library will receive to help make the Baxter
auditorium ADA -compliant. She said she hoped to see everyone there!
2. Joe Hedrick, who is American Legion Post #134's liaison to the Village, said that he has been
the liaison ever since the Village purchased the American Legion/Civic Center property. He said
that he's gone through several administrations, mayors, and administrators, and was present
before the Board tonight to say that Ralph Czerwinski is "extraordinary". He helped to get the
eagle scouts' project done correctly and in a timely manner, and got Public Works to help too.
8
XIV.
XV
RESIDENTS' COMMENTS (continued)
Mr. Hedrick said the Legion now enjoys a very good relationship with Mr. Czerwinski, and he
thanked the Board, as well.
ADJOURNMENT
Trustee Minx moved to adjourn the meeting, seconded by Trustee Thill.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Minx aye
Tr. Ramos Lys. Tr. ThiII a se
The meeting adjourned at 7:40 p.m.
PASSED this 9th day of November, 2015
Trustee Grear
Trustee Minx
Trustee Pietron
Trustee Ramos
Trustee Thill
Trustee Witko
APPROVED by me this 9th day of November, 2015
Daniel P. DiMaria, Village President
Board of Trustees, Morton Grove, Illinois
APPROVED and FILED in my office this 10th day of November, 2015.
Connie J. Travis, Village Clerk
Village of Morton Grove, Cook County, Illinois
Tr. Pietron
Tr. Witko
yQ
Minutes by: Teresa Cousar
9
Lecislative Summary
Ordinance 15-24
AMENDING TITLE 7 "PUBLIC PROPERTIES AND UTILITIES",
CHAPTER 1 ENTITLED "STREETS AND PUBLIC WAYS",
SECTION 15 ENTITLED "DRIVEWAYS" TO ESTABLISH A PERMITTING PROCEDURE FOR
VARIANCES TO DRIVEWAY APPROACHES
Introduced:
Synopsis:
Purpose:
Background:
Programs, Departs
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
Second Reading:
Special Consider or
Requirements:
October 26, 2015
This ordinance will amend Title 7, Chapter 1, Section 15 of the Municipal Code.
To revise the existing Village ordinance to allow for permission to construct
driveway approaches or aprons on the public right-of-way with non-standard
material and/or decorative materials such as brick pavers or stamped concrete to
match the homeowner's driveway and/or private sidewalk.
The Village has received numerous requests for permission to construct driveway
approaches or aprons on the public right-of-way with non-standard materials and/or
decorative materials such as brick pavers. Village staff recommends the Village
Code be amended to allow for these types of installations subject to conditions that
safeguard the public interest. Non-standard driveway approaches require a special
Village permit, must be constructed of the same material as the property owner's
driveway and shall not interfere with or create an unsafe condition at the public
right-of-way. The property owner shall pay all costs associated with the installation,
maintenance, repair and removal of the non-standard driveway approach and shall
release, indemnify and hold harmless the Village and all utility companies working
within the public right-of-way from any and all claims or expenses resulting from the
non-standard drive approach.
Public Works, Village Residents
None
No Funds Required
The Building Department as part of their normal work activities will oversee various
implementations required for managing this work.
Approval as presented.
Required — Code Book Change — November 9, 2015
None
Respectfully submitted:
Ralph E. Cze
ins i, illage A
Prepared by:
Teresa Hoffman
ist
istrator
orporation Counsel
Reviewed by:
Nancy Rad
Reviewed by
Andv Tlemnn
•
conomic
t Director
ORDINANCE 15-24
AMENDING TITLE 7 "PUBLIC PROPERTIES AND UTILITIES",
CHAPTER 1 "STREETS AND PUBLIC WAYS",
SECTION 15 "DRIVEWAYS" TO ESTABLISH A PERMITTING PROCEDURE
FOR VARIANCES TO DRIVEWAY APPROACHES
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 the 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 operation and requirements within the Village; and
WHEREAS, Village staff has received numerous requests for permission to construct
driveway approaches or aprons on the public right-of-way with non-standard materials and/or
decorative materials such as brick pavers or stamped concrete to match the homeowner's
driveway and/or private sidewalk; and
WHEREAS, the Village Administrator has researched this issue and recommends the
Village Code be amended to allow such installations pursuant to a permitting process which
would safeguard the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUS1LES 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 "Public Properties and Utilities", Chapter 1 "Streets and Public
Ways", Section 15 "Driveways" is hereby amended to read as follows:
7-1-15: DRIVEWAYS:
A. Permit Required: No person shall construct or maintain any driveway approach in or
across any public right-of-way in the Village without having first obtained a permit
therefor from the Village Administrator or his/her designee. Applications for such
permits shall be on forms provided by the Village and shall at a minimum state the size,
location, and material to be used in such driveway; and must be reviewed by the
Village's Engineering Division. A current plat of survey shall be submitted showing
the proposed driveway approach and sidewalk in the right-of-way and a description of
the material to be used.
B. Grade: No driveway approach in or across any public right-of-way shall be permitted if
it necessitates any interference with or change in the grade or material of the public
sidewalk, curb or parkway. No driveway approach shall be so constructed or graded as
to leave a step, sharp depression or other obstruction in the sidewalk. It shall be
unlawful to have the grade of such a driveway approach vary from the grade of the
sidewalk, or be other than level.
C. Maintenance: It shall be the duty of the property owner and all persons or businesses
occupying or maintaining any driveway approaches intersecting or in the public right-
of-way to maintain the driveway approach in good repair and keep it free from hazards
or obstructions including snow and ice.
D. Variance Permit. No person shall cause the installation of non-standard material
including decorative concrete and/or non -bituminous material, stamped concrete, or
brick pavers on a driveway approach in or across the public right-of-way without first
obtaining both a driveway approach permit and a variance permit from the Village
Administrator or his/her designee. The installation of a non-standard driveway approach
shall only be permitted if the adjacent driveway or sidewalk on private property is of the
same materials. The application of a non-standard driveway approach shall be limited to
materials approved by the Village Administrator or his/her designee. Nothing in this
section shall prohibit the installation of a non-standard driveway approach in
accordance with an ordinance approving a planned development or site plan. Such
ordinance shall provide for the agreement as required in this Chapter.
E. Installation. The installation, maintenance, repair and removal of the non-standard
driveway approach shall be in accordance with Village standards as determined by the
Village Administrator or his/her designee.
F. Additional Regulations. The Village Administrator is authorized to establish rules,
regulations, standards, and procedures for the implementation of the provisions of this
Section.
G. As a condition to the issuance of a variance permit for a non-standard driveway
approach, the property owner of any property serviced by the non-standard driveway
approach and all future owners or parties in interest shall assume the following
obligations and responsibilities:
1. The property owner of any property serviced by the non-standard driveway
approach shall incur any and all costs related to the installation, maintenance,
repair and removal of the non-standard driveway approach.
2. The property owner of any property serviced by the non-standard driveway
approach and all future owners shall be responsible for maintenance,
installation, replacement, repair and removal of the non-standard driveway
approach.
3. The property owner of any property serviced by the non-standard driveway
approach and all future owners shall release and forever discharge the Village,
its officers, employees, assigns, successors and/or agents and all utility
companies while maintaining, installing, repairing, or constructing within the
public right-of-way from any and all claims, demands, damages, costs, expenses
(including reasonable attorneys fees and expert witness costs), loss of services,
actions, and causes of action on account of death or injury to any person or
damage to any property resulting from any condition of the non-standard
driveway approach.
4. The property owner of any property serviced by the non-standard driveway
approach and all future owners shall defend, indemnify, and hold harmless the
Village, its officers, employees, assigns, successors and/or agents and all utility
companies while maintaining, installing, repairing, or constructing within the
public right-of-way for any and all claims, demands, damages, costs, expenses
(including reasonable attorneys fees and expert witness costs), loss of services,
actions, and causes of action on account of death or injury to any person or
damage to any property resulting from any condition of the non-standard
driveway approach. This release and indemnification shall be applicable to all
successor owners or lessees of any property serviced by a non-standard drive
approach.
5. The property owner of any property serviced by the non-standard driveway
approach and all future owners shall be solely responsible for the acts and/or
omissions of their agents, contractors, and/or employees.
6. If at any time the Village causes or approves the installation of an intersecting
public sidewalk, the property owner of any property serviced by the non-
standard driveway approach shall remove the non-standard driveway approach
where the public sidewalk is to be installed and replace it with the same material
as the public sidewalk at the owner's expense.
7. If at any time the Village or any utility company performs, causes or authorizes
any work resulting in the need for the removal, restoration, or repair of the non-
standard driveway approach, the property owner of any property serviced by the
non-standard driveway approach and all future owners shall be responsible for
any and all removal, repair, or restoration and costs related thereto.
8. The property owner of any property serviced by the non-standard driveway
approach and all future owners shall reimburse the Village for any and all
damage to Village property or persons, arising directly or indirectly as a result of
the installation, removal, maintenance, or existence of the non-standard
driveway approach.
9. The public right-of-way portion where the non-standard driveway approach is
installed shall be included in the property owner's insurance policy. The
applicable insurance shall be in an amount determined by the Village
Administrator or his/her designee and the homeowner shall:
a. Provide the Village with thirty (30) days notice, in writing, of
cancellation or material change;
b. Name the Village as an additional insured on all required insurance
coverage. The Village, its agents, officials and employees shall be
specifically referenced on all applicable certificates.
H. No permit shall be issued for a non-standard driveway approach, unless the property
owner of any property serviced by the non-standard driveway approach executes an
agreement and waiver, affirming the owner's agreement to comply with all terms and
conditions of the permit and of this chapter. Such agreement shall be binding on all
current and future parties in interest. The property owner of any property serviced by
the non-standard driveway approach shall pay and be responsible for all the Village's
costs, including attorneys' fees necessarily incurred in the enforcement of the
agreement. A copy of the agreement shall be recorded with the office of the Recorder of
Deeds for Cook County at the owner's expense.
If the property owner of any property serviced by the non-standard driveway approach
or future owner fails to properly maintain the driveway approach or violates any term of
the agreement set forth in section I -i or any provision of the Village Code regulating
driveway approaches, then in addition to any fine or penalty, in the Village's sole
discretion, the owner will at his/her costs remove the non-standard driveway approach
and replace it with standard material approved by the Village.
J. All driveway approaches and other improved areas within the public right-of-way are
and shall remain public property and be altered or removed at any time at the sole
discretion and direction of the Village.
K. The right and permit to install and maintain a non-standard driveway approach may be
revoked by the Village Administrator if the property owner of any property serviced by
the non-standard driveway approach does not comply with the terms and conditions of
this section, or the Village Administrator determines the non-standard driveway
approach creates a public safety hazard or subject the Village to additional costs or
liabilities. In that event, the property owner of any property serviced by the non-
standard driveway approach shall immediately remove the non-standard materials and
replace them with materials approved by the Village at the owner's expense.
SECTION 3: This Ordinance is an exercise of the home rule authority of the Village of Morton
Grove and is intended to and, to the fullest extent allowed by the constitution of the State of Illinois,
shall be construed as to supersede any contrary or conflicting state, county, or local rule or regulation.
SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this Chapter is
for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
SECTION 5: In the event this ordinance or any part thereof is in conflict with any statute,
ordinance, or resolution or part thereof, the amendment 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
to code amendments set forth above in this ordinance, all chapters and sections of the Morton Grove
Village Code as amended shall remain in full force and effect.
SECTION 6: In all other respects not inconsistent with this ordinance, all Village Codes are
hereby reaffirmed.
SECTION 7: This ordinance shall be in full force and effect from and after its adoption,
approval and publication as provided by law.
PASSED this 9th day of November 2015.
Trustee Grear
Trustee Minx
Trustee Pietron
Trustee Ramos
Trustee Thill
Trustee Witko
APPROVED by me this 9th day of November 2015.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
this 10`h day of November 2015.
Connie Travis, Village Clerk
Village of Morton Grove
Cook County, Illinois
Legislative Summary
Resolution 15-69
AUTHORIZING THE EXECUTION OF A TASK ORDER WITH
CIORBA GROUP, INC. FOR
DESIGN ENGINEERING SERVICES FOR AUSTIN AVENUE IMPROVEMENTS
Introduced:
Synopsis:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
First Reading:
Special Considerations
or Requirements:
Respectfully submitted:
Prepared by:
November 9, 2015
To authorize an agreement with Ciorba Group, Inc. for design engineering services
for Austin Avenue Improvements.
To advance the Austin Avenue Improvements through the next sequential step of its
project development, which is design engineering.
The Village needs to make improvements to Austin Avenue between Oakton Street
and Main Street because of its deteriorated condition. Project development began in
2012 with preliminary engineering. Austin Avenue is one of several Village -owned
streets that are eligible for federal aid to construct improvements. The Village has
applied for federal and state funding. The estimated cost to complete the design
engineering, land acquisition and construction is $3,482,000. It is estimated the
Village will pay $1,268,000 and the balance will come from federal and state
funding sources as well as a contribution from the Village of Skokie as part of the
improvement in their jurisdiction. The Village has negotiated a scope of services
from Ciorba Group, Inc. for the design engineering for Austin Avenue
Improvements.
Public Works.
$168,967.73
Capital Projects Fund Account 305060-552140; the Village will be reimbursed
from federal funds.
The management and supervision of this contract will be performed by the
Engineering Division of Public Works as part of their normal operations.
Approval as presented.
N/A
None
Chris Tomich, Village Engineer
Reviewed by:
illage Administrator
Reviewed by:
dy DeMonte, Director Public Works
Teresa Hoffinan Liston, Corporation Counsel
RESOLUTION 15-69
AUTHORIZING THE EXECUTION OF A TASK ORDER WITH
CIORBA GROUP, INC. FOR
DESIGN ENGINEERING SERVICES FOR AUSTIN AVENUE IMPROVEMENTS
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 condition of the pavement on Austin Avenue from Oakton Street to Main Street
has deteriorated in the past several years despite the replacement of the pavement surface in 2008; and
WHEREAS, it is difficult maneuvering large trucks through the intersection of Austin Avenue
and Oakton Street because the corners of the intersection do not accommodate turning trucks; and
WHEREAS, the Village needs to partially reconstruct Austin Avenue and reconfigure the
intersection of Austin Avenue and Oakton Street; and
WHEREAS, the Village began preliminary engineering for this project in 2012; and
WHEREAS, costs estimates for this project are $3,482,000; and
WHEREAS, in order to meet a 2017 construction schedule, design engineering should be begin
in 2016; and
WHEREAS, design engineering for state and federal projects consist of preparing the general and
detailed plans, special provisions, and estimate of cost in accordance with the state's guidelines; and
WHEREAS, the design engineering required for this project is beyond the expertise and capacity
of Village staff, so the Village will need to procure engineering services for this work; and
WHEREAS, Resolution 15-66, approved on October 26, 2015, authorized staff to negotiate a task
order contract with Ciorba Group, Inc. for professional engineering services for this project; and
WHEREAS, Village staff has negotiated a scope of services from Ciorba Group, Inc. for the design
engineering for Austin Avenue Improvements for a fee not -to -exceed $168,967.73 (attached Exhibit "1");
and
WHEREAS, federal funds will be used to reimburse the Village for design engineering costs for this
project and this condition requires the agreement with Ciorba Group, Inc. to be formalized with an Illinois
Department of Transportation (IDOT) agreement; and
WHEREAS, the 2016 Draft Budget contains an allocation of $550,000 in the Capital Projects Fund
Account 305060-552140 for design engineering and land acquisition for Austin Avenue Improvements.
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 hereby authorize the Village President to execute and the
Village Clerk to attest to an agreement entitled "Preliminary Engineering Services Agreement for Federal
Participation" in which Ciorba Group, Inc. will prepare the general and detailed plans, special provisions,
and estimate of cost in accordance with the state's guidelines in the not -to -exceed amount of $168,967.73.
SECTION 3: This Resolution shall be in full force and effect upon its passage and approval.
PASSED THIS 9th DAY OF NOVEMBER 2015
Trustee Grear
Trustee Minx
Trustee Pietron
Trustee Ramos
Trustee Thill
Trustee Witko
APPROVED BY ME THIS 9th DAY OF NOVEMBER 2015
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 10th DAY OF NOVEMBER
Connie Travis, Village Clerk
Village of Morton Grove
Cook County, Illinois
EXHIBIT "1"
Local Agency
Village of Morton Grove
L
0
C
A
L
G'
E
N
C
Y
IIUnois DepartmentCiorba
of TransportationC
0
14
s
L
T
A
N
T
Consultant
Group, Inc.
County
Cook
Preliminary Engineering
Services Agreement
For
Federal Participation
Address
5507 N Cumberland Ave
Section
12-00106-00-PVu
City
Chicago
Project No.A
M4003(172)
State
IL
Job No.
D-91-225-13
Zip Code
60656
Contact Name/Phone/E-mail Address
Chris Tomich
(847) 470-5235
ctomich(a@mortongroveil.org
Contact Name/Phone/E-mail Address
Duane O'Laughlin
773-355-2949
dolauohlin@ciorba.com
THIS AGREEMENT is made and entered into this day of between the above
Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT.
Federal -aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation
(STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS.
Name Austin Avenue
Project Description
Route FAU 2791 Length 0.83 mi Structure No. N/A
Tennini 300 feet south of Oakton Street (FAU 1332) and 600 feet south of Lincoln Avenue (FAU 3525)
Description Partial reconstruction and resurfacing of Austin Avenue including intersection improvements at Oakton Street to accommodate
WB -65 trucks. The project includes storm and sanitary sewer improvements, drainage structure adjustments/reconstruction, ADA ramp
upgrades; pavement patching, curb and gutter, and driveway apron removal and replacements, pavement marking, and restoration.
Agreement Provisions
I. THE ENGINEER AGREES,
1. To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of
engineering services for the LA for the proposed improvement herein described.
2. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by
representatives of the LA or STATE.
3. To complete the services herein described within 365 calendar days from the date of the Notice to Proceed from the
LA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER.
4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man-
hours shown in EXHIBIT A. If higher -salaried personnel of the firm, including the Principal Engineer, perform services that are
indicated in Exhibit A to be performed by lesser -salaried personnel, the wage rate billed for such services shall be commensurate
with the payroll rate for the work performed.
5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the
PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services
enumerated herein.
6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections
resulting from the ENGINEER's errors, omissions or negligent acts without additional compensation. Acceptance of work by the
STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for
clarification of any ambiguities.
7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER
and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the
improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when
such seal is required by law. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local
Roads and Streets manual published by the STATE.
8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA.
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EXHIBIT "1"
9. The undersigned certifies neither the ENGINEER nor I have:
a. employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other
than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT,
b. agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or
person in connection with carrying out the AGREEMENT or
c. paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above
ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the
AGREEMENT.
d. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency,
e. have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against
them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public
(Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property,
f. are not presently indicted for or otherwise criminally or civilly charged by a govemment entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph (e) and
g. have not within a three-year period preceding this AGREEMENT had one or more public transactions (Federal, State or local)
terminated for cause or default.
10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA.
11. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent
Amendment or Supplement.
12. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the project (Exhibit B).
13. Scope of Services to be provided by the ENGINEER
❑ Make such detailed surveys as are necessary for the planning and design of the PROJECT.
❑ Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and
flood flow histories.
❑ Prepare applications for U.S, Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water
Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification.
0 Design and/or approve cofferdams and superstructure shop drawings.
❑ Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or
culvert types and high water effects on roadway overflows and bridge approaches).
❑ Prepare the necessary environmental and planning documents including the Project Development Report, Environmental Class of
Action Determination or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary
environmental clearances.
❑ Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data
for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard
Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal -Aid
Procedures for Local Highway Improvements or any other applicable requirements of the STATE.
❑ Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation.
❑ Prepare preliminary roadway and drainage structure plans and meet with representatives of the LA and STATE at the site of the
improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage
structures, and compliance with applicable design requirements and policies.
❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient
data for the design of the proposed improvement.
E Complete the general and detailed plans, special provisions and estimate of cost. Contract plans shall be prepared in accordance
with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of
cost shall be furnished in quadruplicate.
❑ Furnish the LA with survey and drafts in quadruplicate all necessary right-of-way dedications, construction easements and borrow
pit and channel change agreements including prints of the corresponding plats and staking as required.
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EXHIBIT "1"
11. THE LA AGREES,
1. To fumish the ENGINEER all presently available survey data and information
2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the
following compensation formulas:
Cost Plus Fixed Fee
Specific Rate
Lump Sum
CPFF = 14.5%[DL + R(DL) + OH(DL) + IHDC], or
❑ CPFF = 14.5%[DL + R(DL) + 1.4(DL) +IHDC], or
❑ CPFF = 14.5%[(2.3 + R)DL + IHDC]
Where: DL = Direct Labor
IHDC = In House Direct Costs
01-1= Consultant Firm's Actual Overhead Factor
R = Complexity Factor
❑ (Pay per element)
3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409:
0 With Retainage
a) For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by
the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to
90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER.
b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by
the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to
95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER.
c) Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have
been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this
AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to
the ENGINEER.
® Without Retainage
a) For progressive payments — Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA,
monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value
of the partially completed work minus all previous partial payments made to the ENGINEER.
b) Final Payment — Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have
been made and accepted by the LA and STATE, a sum o money equal to the basic fee as determined in this AGREEMENT
less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER.
4. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -
assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all
necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -assisted
contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in
this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of
this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose
sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or
the Program Fraud Civil Remedies Act of 1986 (31U.S.C. 3801 et seq.).
III. IT IS MUTALLY AGREED,
1. That no work shall be commenced by the ENGINEER prior to issuance by the LA of a written Notice to Proceed.
2. That tracings, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this
AGREEMENT shall be delivered to and become the property of the LA and that basic survey notes, sketches, charts and other data
prepared or obtained in accordance with this AGREEMENT shall be made available, upon request, to the LA or to the STATE,
without restriction or limitation as to their use.
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EXHIBIT "1"
3. That all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current
Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal -Aid
Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such
furnished documents shall be approved by the LA and the STATE before final acceptance. During the performance of the
engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein
enumerated while they are in the ENGINEER'S possession and any such loss or damage shall be restored at the ENGINEER's
expense.
4. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties
without written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by
the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement.
5. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to
verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all
books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and
the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents
required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under
the contract for which adequate books, records and supporting documentation are not available to support their purported
disbursement.
6. The payment by the LA in accordance with numbered paragraph 3 of Section 11 will be considered payment in full for all services
rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT.
7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or
negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LA, the STATE, and their
officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting there from. These
indemnities shall not be limited by the listing of any insurance policy.
8. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post
office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all drawings, plats, surveys, reports,
permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from
soil survey and subsurface investigation with the understanding that all such material becomes the property of the LA. The LA will be
responsible for reimbursement of all eligible expenses to date of the written notice of termination.
9. This certification is required by the Drug Free Workplace Act (301LCS 580). The Drug Free Workplace Act requires that no grantee
or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property
or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the
certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract or
grant and debarment of the contracting or grant opportunities with the State for at least one (1) year but no more than five (5) years.
For the purpose of this certification, "grantee" or "contractor" means a corporation, partnership or other entity with twenty-five (25) or
more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific
performance under a contract or grant of $5,000 or more from the State, as defined in the Act.
The contractor/grantee certifies and agrees that it will provide a drug free workplace by:
a. Publishing a statement:
(1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance,
including cannabis, is prohibited in the grantee's or contractor's workplace.
(2) Specifying the actions that will be taken against employees for violations of such prohibition.
(3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will:
(a) abide by the terms of the statement; and
(b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5)
days after such conviction.
b. Establishing a drug free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The grantee's or contractor's policy of maintaining a drug free workplace;
(3) Any available drug counseling, rehabilitation and employee assistance program; and
(4) The penalties that may be imposed upon an employee for drug violations.
c. Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or
grant and to post the statement in a prominent place in the workplace.
d. Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of paragraph (3) of
subsection (a) above from an employee or otherwise receiving actual notice of such conviction.
e. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by,
f. Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and
indicating that a trained referral team is in place
g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act.
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EXHIBIT "1"
10. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this
AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted
contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in
the termination of this AGREEMENT or such other remedy as the LA deems appropriate.
Agreement Summary
Prime Consultant:
TIN Number
Agreement Amount
Ciorba Group, Inc.
36-2525351
$148,659.29
Sub -Consultants:
TIN Number
Agreement Amount
Huff & Huff, Inc.
36-3044842
$20,308.44
Sub -Consultant Total:
$20,308.44
Prime Consultant Total:
$148,659.29
Total for all Work:
$168,967.73
Executed by the LA:
ATTEST:
By: Connie Travis
Village of Morton Grove
(Municipality/Township/County)
By: Daniel P. DiMaria
Village Clerk Title: Village President
(SEAL)
Executed by the ENGINEER:
ATTEST:
Ciorba Group, Inc.
By: Duane O'Laughlin By: Gerald W. Heimsoth
Title: Roadway Group Manager Title: President
Page 5 of 7
Printed on 11/5/2015 11:18:28 AM
BLR 05610 (Rev. 11/21/13)
EXHIBIT "1"
Exhibit A - Preliminary Engineering
Route: FAU 2791
Local Agency: Village of Morton Grove
(MunicpalirytTownship/County)
Section: 12 -00106 -00 -PV
Project: M-4003(172)
Job No.: D-91-225-13
Method of Compensation:
Cost Plus Fixed Fee 1 ❑+ 14.5%[DL + R(DL) + OH(DL) +IHDC)
Cost Plus Fixed Fee 2 0 14.5%[(2.3 + R)DL + IHDC)
Cost Plus Fixed Fee 3 0 14.5%[(2.3 + R)DL + IHDC)
Specific Rate
Lump Sum 0
* Firm's approved rates on tile with
Bureau of Accounting and Auditing
Overhead Rate 141.13%
Complexity Factor 0.00
Calendar Days 518
Element of Work
Employee
Classification
vvv.
Man-
Hours
nevi .a.v ......mountain
Payroll
Rate
a ovrvruee
Payroll
Costs (DL)
111 aaeuara
Overhead'
Services by
Others
In -House
Direct Costs
(IHDC)
Profit
Total
Meetilgs 6coedinamn
'•
50
554.13
52,706.50
$3,819.68
5230.00
$979.65
$7,735.83
Tuu9aphicsuney
'•
32
531.69
51 014.08
$1,431.17
$130.00
5373.41
52,948.66
Water Resoomes
147
541.15
56,049.05
58,537.02
$1,310.00
$2,304.93
$18,201.01
Traaysbn's
102
$39.56
54,035.12
$5,694.76
5667.25
51,536.58
$12,133.72
Egineenre StudieYnans
"
901
$34.30
530,904.30
$43,615.24
57,086.50
$11,832.88
593438.91
0C/QA
40
$59.43
$2,377.20
$3,354.94
$831.16
56,563.30
Project ManagementsndminWration
40
$69.16
52,766.40
53,904.22
5967.24
$7,637.86
Huff 4 Hull, Inc.
++
$20,308.44
$20,308.44
Totals
1312
549,852.65
$70,357.04
$20,308.44
59,623.75
$18,825.85
$168,967.73
" See attached
Page 6 of 7
Printed on 11/5/201511:14 AM
BLR 05610 (Rev. 11/21/13)
Client
County
Job No.
EXHIBIT "1"
CIORBA GROUP ' Consulting Engineers
Village of Morton Grove
Cook
D-91-225-13
Consultant Ciorba Group, Inc
Average Hourly Project Rates
Date 11/03/15
Sheet 1 OF 2
PAYROLL
CLASSIFICATION
AVG
HOURLY
RATES
TOTAL PROJECT RATES
Meetings & Coordination
To ograpMC S reey
Water Resources
Traffic Signals
Engineering StudleslPlans
Hours
%
Part.
Wgtd
Avg
Hours
%
Part.
Wgtd
Avg
Hours
%
Part.
Wgtd
Avg
Hours
%
Part.
Wgtd
Avg
Hours
%
Part.
Wgtd
Avg
Hours
%
Part.
Wgtd
Avg
Principal
570.00
20
1.52%
1.07
Project Manager
568.32
97
7.39%
5.05
16
32.00%
21.86
9
6.12%
4.18
32
3.55%
2.43
Lead Structural Engineer
564.42
Project Engineer
550.54
289
22.03%
11.13
28
56.00%
28.30
50
34.01%
17.19
38
37.25%
18.83
153
16.98%
8.58
Resident Engineer
$54.73
Senior Engineer
543.64
Engineer l
528.75
288
21.95%
6.31
288
31.96%
9.19
Engineer II
533.04
222
16.92%
5.59
6
12.00%
3.97
88
59.86%
19.78
64
62.75%
20.73
64
7.1046
2.35
Technician
525.46
274
20.68%
5.32
16
50.00%
12.73
258
28.63%
7.29
Senior Technician
$37.93
122
9.30%
3.53
16
50.00%
18.96
106
11.76%
4.46
Administrative Services
$28.16
TOTALS
1312
10090
53800
50
100%
$54.13
32
100%
$31.69
147
100%
$41.15
102
100%
539.56
901
100%
53430
Printed 11/3/2015 10:53 AM
Client
County
Job No.
EXHIBIT "1"
CIORBA GROUP Consulting Engineers
FAU 2791
Village of Morton Grove
Cook
0-91.225-13
Consultant Ciorba Group, Inc
Average Hourly Project Rates
Date 11/03/15
Sheet 2
OF 2
PAYROLL
CLASSIFICATION
AVG
HOURLY
RATES
QC/0A
Project Management&
Administration
Hours
%
Part.
Wgtd
Avg
Hours
%
Part.
Wgtd
Avg
Hours
%
Part.
Wgtd
Avg
Hours
%
Part.
Wgtd
Avg
Hours
%
Part.
Wgtd
Avg
Hours
%
Part.
Wgtd
Avg
Principal
$70.00
20
50.00%
35.00
Project Manager
$68.32
20
50.00%
34.16
20
50.00%
34.16
Lead Structural Engineer
$64.42
Project Engineer
$50.54
20
50.00%
25.27
Resident Engineer
$54.73
Senior Engineer
$43.64
Engineer l
$28.75
Engineer II
$33.04
Technician
$25.46
Senior Technician
$37.93
Administrative Services
$28.16
TOTALS
40
100%
$59.43
40
100%
$69.16
Printed 11/3/2015 10:53 AM
EXHIBIT "1"
STAFF HOUR BREAKDOWN
Village of Morton Grove
Austin Avenue - Oakton Avenue to Lincoln Ave
o
t F a Q
Grand
Tota
2
6
Protect Manager
Protect Engineer
Engineer
Engineer 11
c
F
Senior Technician
1312
20
97
289
288
222
274
122
t. Meetings & Coordination Task Total:
010 Meetings Subtotal:
50
24
16
10
28
14
6
Meetings with Village (3 mtgs)
10
4
6
Meetings with IDOT (2 mtgs)
6
2
4
Project Management Meetings
a
4
4
011 Coordination Subtotal:
26
6
14
6
Coordination with Village
12
4
8
Coordination with IDOT
6
2
4
Coordination with Utilities
a
2
6
2. Topographic Survey Task Total:
020 Field Survey Subtotal:
32
32
16
16
16
16
Supplemental Survey
32
16
16
3. Water Resources Task Total:
031 Stormwater Facility Design Subtotal:
147
86
9
2
50
16
88
48
Inlet Spacing
6
2
4
Storm Sewer Design
12
4
8
Drainage Sheets (1"=20')
30
2
8
20
Erosion & Sediment Control Plans (1"=50')
18
2
16
033 Sanitary Sewer Subtotal:
46
2
12
32
Sanitary Sewer Design
12
4
a
Sanitary Sewer Sheets (1"=20')
34
2
8
24
035 Permits Subtotal:
35
5
22
a
Permit -IDOT
5
1
2
2
Permit- IEPA (Water and Sanitary)
7
1
4
2
Permit - NPDES
5
1
4
Permit- MWRDGC
16
2
12
4
Paae1W3
07!
CIORBA GROUP Consulting Engineers
EXHIBIT "1"
STAFF HOUR BREAKDOWN
Village of Morton Grove
Austin Avenue - Oakton Avenue to Lincoln A
Y
f
4a .-
13 w a
Gran
Tobi
6
y
'reject Manager
'reject Engineer
Engineer1
Engineer 11
rechnlclan
ienlor Technician
4. Traffic Signals Task Total:
041 Traffic Signals Subtotal:
102
102
_
_
38
38
_
_
64
64
e
Field Checks, Coordination w/IDOT and Comm Ed
12
12
Traffic Signal Removal Plan
a
2
6
Traffic Signals Plan
20
4
16
Traffic Signals Cable Plan
16
4
12
Mast Arm Mounted Street Name Signs
6
2
4
Traffic Signal Details
8
2
6
Temporary Signal/Cable Plan
12
4
a
Revisions and Disposition of Comments
20
a
12
5. Engineering Studies/Plans Task Total:
055 Contract Plans Subtotal:
901
96
32
2
153
24
288
32
64
258
30
106
8
Title Sheet
5
1
4
Typical Sections
18
2
16
Alignment, Ties and Benchmarks
9
1
8
General Notes, Index, Highway Standards, and Commitments
18
6
12
Summary of Quantities
20
2
18
Plan Assembly - 3 Submittals
12
12
Plan -in -Hand Field Review- Pre -Final
4
4
Disposition of Comments - 3 Submittals
10
2
8
056 Roadway Plans Subtotal:
662
24
96
204
40
210
88
Schedule of Quantities
20
4
16
Maintenance of Traffic Plan (1"=50")
102
6
12
60
24
MOT General Notes and Description
17
1
4
12
MOT Typical Sections
16
4
12
Pavement Marking and Signing (1"=50')
30
6
24
Landscaping Plans (1"=50')
20
2
18
Proposed Plan and Profile Sheets (1"=20')
147
7
14
56
70
Intersection Elevation Details
29
1
4
8
16
Removal Sheet/Existing Conditions (1"=20')
51
2
7
42
Details
20
4
16
ADA Ramp Details (18 corners)
38
1
5
16
16
Plan Revisions
68
2
10
20
4
24
8
Cross Sections (50' intervals)
104
4
20
80
058 Quantity Calculations Subtotal:
64
12
36
8
18
10
Quantities (Removals)
12
4
8
Quantities (Earthwork)
12
2
10
Quantities (Proposed Plan)
40
4
26
10
Quantities (Traffic Signals)
12
4
a
Quantities (Water Resources)
8
2
6
Page 2
0:71
CIORBA GROUP: Con ng Engineers
EXHIBIT "1"
STAFF HOUR BREAKDOWN
Village of Morton Grove
Austin Avenue - Oakton Avenue to Lincoln Ave
a
S
r n <
Grand
Total
_
c
a
Project Manager
Project Engineer
rn
w
w s
w
'-
Senior Technician
059 Specifications & Estimates Subtotal:
59
6
21
16
16
Specifications (Roadway and General)
26
2
8
16
Specifications (Traffic Signals)
4
Specifications (Water Resources)
6
2
4
Estimate of Time - Pre -final & Final
5
1
4
Estimate of Cost - Pre -final & Final
18
2
4
12
6. QC/QA Task Total:
090 QC/QA Subtotal:
40
40
20
20
20
20
Roadway
40
20
20
7. Project Management & Administration Task Total:
100 Project Management & Administration Subtotal:
40
40
20
20
20
20
Project Management
40
20
20
Page 3 of 3
CIOR BA GROUP', Consulting Engineers
EXHIBIT "1"
CIORBA GROUP : Consulting Engineers
CLIENT Village of Moron Grove
FIRM NAME Ciorbe Group, Inc
PRIME/SUPPLEMENT Prune
CONTRACT TERM
START DATE
RAISE DATE
12/31/2015 - 1/1/2016
0
17
0.00%
= 1.0391
The total escalation for this project would be:
17 MONTHS
12/31/2015
1/1/2016
ESCALATION PER YEAR
1/2/2016 - 1/1/2017
12
17
72.71%
DATE 11103115
OVERHEAD RATE
COMPLEXITY FACTOR
%OF RAISE
1/2/2017 - 6/1/2017
17
31.20%
3.91%
Payroll Escalation Table
Fixed Raises
New Formula
161_13%
0
3.00%
Printed 110/20151053 AM
EXHIBIT "1"
IN-HOUSE DIRECT COSTS
Village of Morton Grove
Austin Avenue - Oakton Avenue to Lincoln Ave
PHASE II
Meetings & Coordination
Description Unit Unit Cost Quantity Extended Cost
Vehicle (mileage) mile $ 0.575 400 $ 230.00
Total: $ 230.00
Topographic Survey
Description Unit Unit Cost Quantity Extended Cost
Vehicle (day) day $ 65.00 2 $ 130.00
Total: $ 130.00
Water Resources
Description Unit Unit Cost Quantity Extended Cost
CADD Charges hour $ 15.00 85 $ 1,275.00
Copies sheet $ 0.10 100 $ 10.00
Full Size Prints sheet $ 1.25 20 $ 25.00
Total: $ 1,310.00
Austin Ave Phase It CECS - BLR REV SCD.iism'. InHouseDC
CIORBA GROUP Consulting Engineers
EXHIBIT "1"
Traffic Signals
Description Unit Unit Cost Quantity Extended Cost
CADD Charges hour $ 15.00 45 $ 675.00
Copies sheet $ 0.10 500 $ 50.00
Full Size Prints sheet $ 1.25 100 $ 125.00
Vehicle (mileage) mile $ 0.575 30 $ 17.25
Total: $ 867.25
Engineering Studies/Plans
Description Unit Unit Cost Quantity Extended Cost
CADD Charges hour $ 15.00 400 $ 6,000.00
Copies sheet $ 0.10 5000 $ 500.00
Full Size Prints sheet $ 1.25 300 $ 375.00
Vehicle (mileage) mile $ 0.575 20 $ 11.50
Postage / shipping dollar $ 1.00 200 $ 200.00
Total: $ 7,086.50
Austin Ave Phase II CECS - BLR_REV SCDAsm: InHouseDC
CG
CIORBA GROUP Consulting Engineers
Matt&1-1t,ltt
environmental engineers
and consultants
EXHIBIT "1"
915 Harger Road, Suite 330
Oak Brook, IL 60523
Phone (630) 684-9100
Fax (630) 684-9120
Website: http://huffnhuf£com
October 15, 2015
Duane O'Laughlin, P.E.
Roadway Group Manager
CIORBA GROUP 1 Consulting Engineers
5507 North Cumberland Avenue, Suite 402
Chicago, Illinois 60656
Re: Phase II Environmental Services — Preliminary Site Investigation
Austin Avenue (Oakton Street to Lincoln Avenue)
Morton Grove, Cook County, Illinois
Proposal No. 81.PT00114.16
Dear Mr. O'Laughlin:
1. PROJECT UNDERSTANDING
Huff & Huff, Inc. (H&H) a subsidiary of GZA GeoEnvironmental, Inc. (Consultant) is pleased to
submit this proposal to Ciorba Group (Client) to perform a Preliminary Site Investigation (PSI)
associated with the Austin Avenue reconstruction project in Morton Grove, Illinois. The project
limits along Austin Avenue are indicated as from Oakton Street to Lincoln Avenue with
proposed construction from approximately 500 -feet south of Oakton Street to Main Street.
Consultant understands the project includes reconstruction of the outside 11 -feet of pavement on
each side of Austin Avenue and includes new curb and gutter; storm sewer will also be installed
from Oakton Avenue to Cleveland Street; and the intersection at Oakton Street/Austin Avenue
will have a larger radius to accept larger (WB -65) trucks, which will likely impact the gas station
at this intersection.
This proposal presents our project understanding, the scope of services, cost, and schedule for
completion.
2. SCOPE OF SERVICES
Task 1— Preliminary Site Investigation (PSI)
Consultant previously completed a PESA for the project corridor dated May 2013. A total of
sixteen (16) potentially impacted properties (PIPs) were identified in the PESA and a PSI was
recommended based on the findings. Specifically each PIP was recommended for investigation if
soils were to be excavated from areas associated with PIPs.
1
p:\fy2016\transportation\ciorba\austin avenue\ciorba austin ave psi.doc
EXHIBIT "1"
Up to sixteen (16) soil borings are currently proposed over two (2) days of field effort (including
drilling and traffic control). An additional trip in included for pre -marking boring locations. Each
borings will be advanced and soil samples collected for laboratory analysis to address sites
identified as Recognized Environmental Conditions (RECs)/Potentially Impacted Properties
(PIPs), areas of acquisition, and to also address CCDD considerations.
The depths of the soil borings will be dependent upon design details to account for depths of
proposed disturbance. For purposes of this scope it assumed that the borings will be advanced to
maximum depths of up to 16 feet below ground surface (bgs). Analytical samples are planned
for collection from one depth interval from each of the borings based on field observations or
information identified during PESA preparation.
Consultant anticipates permits may be required for drilling activities in Morton Grove, though
we expect any fees would be waived.
A. Analytical
Laboratory analysis of soil samples is proposed to be consistent with constituents of concern
(COCs) as determined from the PESAs. For purposes of this proposal, it is assumed that up to
fourteen (14) soil samples will be analyzed benzene, toluene, ethylbenzene, and xylenes (BTEX)
and polynuclear aromatic hydrocarbons (PNAs); up to six (6) samples will be analyzed for
volatile organic compounds (VOCs) and eight RCRA metals (total and SPLP analysis), and up to
twenty (20) samples will be analyzed for pH. The list of analyses may vary based upon findings
of the PESA.
B. PSI Report Preparation and CCDD documentation
A report summarizing the results of the soil sample collection activities and analytical results
will be prepared. This document will present information pertinent for the bidding documents
regarding conditions of soils tested, handling and final disposition considerations.
Consultant has also included time for completion of the LPC -663 and/or LPC -662
documentation, as suitable for spoils that are determined to meet the maximum allowable
concentrations (MACs).
Task 2 - QA/QC / Project Management
Time will be allotted to conduct QA/QC reviews of the PSI report. This task covers items
necessary to manage the project, scheduling, and coordination with the prime consultant.
3. PROJECT COST
The project cost is provided in the CECS Form attached to this proposal. Costs will be invoiced
as a cost plus fixed fee
2
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EXHIBIT "1"
4. SCHEDULE
The project will be scheduled within two weeks of authorization and completion is anticipated
within ten (10) weeks from the start of the project.
3. TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES
0 2008 by GZA GeoEnvironmental, Inc.
Ciorba Group Consulting Engineers:
Proposal No 81.PT00114.16
Site: Austin Avenue PSI
These Terms and Conditions, together with Consultant's Proposal, make up the Agreement between with Consultant, Ciorba
Group Consulting Engineers, named above.
BEFORE SIGNING THE PROPOSAL, BE SURE YOU READ AND UNDERSTAND THE PARAGRAPHS ENTITLED
"INDEMNIFICATION" AND "LIMITATION OF REMEDIES" WHICH DEAL WITH THE ALLOCATION OF RISK
BETWEEN YOU AND HUFF & HUFF, INC., A SUBSIDIARY OF GZA, (HEREIN) AFTER REFERRED TO (H&H).
1. Services. 1-1&H will perform the services set forth in its Proposal and any amendments or change orders authorized by
you. Any request or direction from you that would require extra work or additional time for performance or would result in
an increase in H&H's costs will be the subject of a negotiated amendment or change order.
2. Standard of Care. H&H will perform the services with the degree of skill and care ordinarily exercised by qualified
professionals performing the same type of services at the same time under similar conditions in the same or similar locality.
NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTY OF MARKETABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, IS MADE OR INTENDED BY H&H'S PROPOSAL OR BY ANY OF H&H'S
ORAL OR WRITTEN REPORTS.
3. Payment.
a. Except as otherwise stated in the Proposal, you will compensate H&H for the services at the rates set forth in the
applicable Proposal, amendment or change order; reimburse its expenses, which will include a communication fee
calculated as a percentage of labor invoiced; and pay any sales or similar taxes thereon.
b. Any retainer specified in H&H's Proposal shall be due prior to the start of services and will be applied to the final
invoice for services.
c. H&H will submit invoices periodically, and payment will be due within 20 days from invoice date. Overdue
payments will bear interest at 1'/: percent per month or, if lower, the maximum lawful rate. H&H may terminate its
services upon 10 days' written notice anytime your payment is overdue on this or any other project and you will pay for
all services through termination, plus termination costs. You will reimburse H&H's costs of collecting overdue invoices,
including reasonable attorneys' fees.
4. Your Responsibilities.
a. Except as otherwise agreed, you will secure the approvals, permits, licenses and consents necessary for performance
of the services. If you are the owner or operator of the Site, you will provide H&H with all documents, plans,
information concerning underground structures (including but not limited to utilities, conduits, pipes, and tanks),
information related to hazardous materials or other environmental or geotechnical conditions at the site and other
information that may be pertinent to the services or, if you are not the owner or operator of the Site, you agree to make
reasonable efforts to obtain these same documents and provide them to H&H. Unless otherwise indicated in writing,
H&H will be entitled to rely on documents and information you provide.
b. If you use the services of a construction contractor at the Site, you agree to use best and reasonable efforts to
include in your agreement(s) with the construction contractor provisions obligating the latter:
(i) to indemnify, defend and hold harmless, to the fullest extent permitted by law, you and H&H, its officers,
employees and principals, for or on account of any claims, liabilities, costs and expenses, including attorneys'
fees, arising out of or relating to the design or implementation of construction means, methods, procedures,
techniques, and sequences of construction, including safety precautions or programs, of the contractor, or any of
its subcontractors or any engineer engaged by it;
3
p:\fy2016\transportation\ciorba\austin avenue\ciorba austin ave psi.doc
EXHIBIT "1"
(ii) to name you and H&H as additional insureds under general liability and builder's risk insurance coverages
maintained by the contractor, or any of its subcontractors; and
(iii) to require that all of its subcontractors agree and be bound to the obligations set forth in (i) and (ii) above.
c. In the event that you are unable to secure such provisions in the agreement(s) with the construction contractor, you
shall promptly notify H&H and H&H shall have the opportunity to negotiate with you reasonable substitute risk
allocation and insurance indemnities and protections.
5. Right of Entry. You grant H&H and its subcontractor(s) permission to enter the site to perform the services. If you do
not own the site, you represent and warrant that the owner has granted permission for H&H to enter the site and perforin the
services; you will provide reasonable verification on request and you will indemnify H&H for any claims by the site owner
related to alleged trespass by H&H or its subcontractors.
6. Reliance. The services, information, and other data furnished by you shall be at your expense, and H&H may rely
upon all information and data that you furnish, including the accuracy and completeness thereof. You acknowledge that the
quality of the services provided by H&H is directly related to the accuracy and completeness of the information and data
that you furnish to H&H. H&H's REPORTS ARE PREPARED FOR AND MADE AVAILABLE FOR YOUR SOLE
USE. YOU ACKNOWLEDGE AND AGREE THAT USE OF OR RELIANCE UPON THE REPORT OR THE
FINDINGS IN THE REPORT BY ANY OTHER PARTY, OR FOR ANY OTHER PROJECT OR PURPOSE,
SHALL BE AT YOUR OR SUCH OTHER PARTY'S SOLE RISK AND WITHOUT ANY LIABILITY TO H&H.
7. H&H Professionals. H&H employees or consultants may act as licensed, certified or registered professionals (including
but not limited to Professional Engineers, Licensed Site or Environmental Professionals, or Certified Industrial Hygienists,
collectively referred to in this section as "H&H Professionals") whose duties may include the rendering of independent
professional opinions. You acknowledge that a federal, state or local agency or other third party may audit the services of
H&H or other contractor/consultant(s), which audit may require additional services, even though H&H and such H&H
Professionals have each performed such services in accordance with the standard of care set forth herein. You agree to
compensate H&H for all services performed in response to such an audit, or to meet additional requirements resulting from
such an audit, at the rates set forth in the applicable Proposal, amendment or change order.
8. Hazardous Materials; H&H "Not a Generator". Before any hazardous or contaminated materials are removed from
the site, you will sign manifests naming you as the generator of the waste (or, if you are not the generator, you will arrange for
the generator to sign). You will select the treatment or disposal facility to which any waste is taken. H&H will not be the
generator or owner of, nor will it possess, take title to, or assume legal liability for any hazardous or contaminated materials at
or removed from the site. H&H will not have responsibility for or control of the site or of operations or activities at the site
other than its own. H&H will not undertake, arrange for or control the handling, treatment, storage, removal, shipment,
transportation or disposal of any hazardous or contaminated materials at or removed from the site, other than any laboratory
samples it collects or tests. You agree to defend, indemnify and hold H&H harmless for any costs or liability incurred by
H&H in defense of or in payment for any legal actions in which it is alleged that H&H is the owner, generator, treater, storer
or disposer of hazardous waste.
9. Limits on H&H's Responsibility. H&H will not be responsible for the acts or omissions of contractors or others at the
site, except for its own subcontractors and employees. H&H will not supervise, direct or assume control over or the authority
to stop any contractor's work, nor shall H&H's professional activities or the presence of H&H or its employees and
subcontractors be construed to imply that H&H has authority over or responsibility for the means, methods, techniques,
sequences or procedures of construction, for work site health or safety precautions or programs, or for any failure of
contractors to comply with contracts, plans, specifications or laws. Any opinions by H&H of probable costs of labor,
materials, equipment or services to be furnished by others are strictly estimates and are not a guarantee that actual costs will
be consistent with the estimates.
10. Changed Conditions.
a. You recognize the uncertainties relating to the furnishing of professional services, which often require a phased or
exploratory approach, with the need for additional services becoming apparent during the initial services. You also
recognize that actual conditions encountered may vary significantly from those anticipated, that laws and
regulations are subject to change, and that the requirements of regulatory authorities are often unpredictable.
b. If changed or unanticipated conditions or delays make additional services necessary or result in additional costs or
time for performance, H&H will notify you and the parties will negotiate appropriate changes to the scope of
services, compensation and schedule.
4
p:\fy2016\transportation\ciorba\austin avenue\ciorba austin ave psi.doc
EXHIBIT "1"
c. If no agreement can be reached, H&H will be entitled to terminate its services and to be equitably compensated for
the services already performed. H&H will not be responsible for delays or failures to perform due to weather, labor
disputes, intervention by or inability to get approvals from public authorities, acts or omissions on your part or any
other causes beyond H&H's reasonable control, and you will compensate H&H for any resulting increase in its
costs.
11. Documents and Information. All documents, data, calculations and work papers prepared or famished by H&H are
instruments of service and will remain H&H's property. Designs, reports, data and other work product delivered to you are
for your use only, for the limited purposes disclosed to H&H. Any delayed use, use at another site, use on another project, or
use by a third party will be at the user's sole risk, and without any liability to H&H. Any technology, methodology or
technical information learned or developed by H&H will remain its property. Provided H&H is not in default under this
Agreement, H&H's designs will not be used to complete this project by others, except by written agreement relating to use,
liability and compensation.
12. Electronic Media. In accepting and utilizing any drawings, reports and data on any form of electronic media
generated by H&H, you covenant and agree that all such electronic files are instruments of service of H&H, who shall be
deemed the author, and shall retain all common law, statutory law and other rights, including copyrights. In the event of a
conflict between the signed documents prepared by H&H and electronic files, the signed documents shall govern. You
agree not to reuse these electronic files, in whole or in part, for any purpose or project other than the project that is the
subject of this Agreement. Any transfer of these electronic files to others or reuse or modifications to such files by you
without the prior written consent of H&H will be at the user's sole risk and without any liability to H&H.
13. Confidentiality; Subpoenas. Information about this Agreement and H&H's services and information you provide to
H&H regarding your business and the site, other than information available to the public and information acquired from third
parties, will be maintained in confidence and will not be disclosed to others without your consent, except as H&H reasonably
believes is necessary: (a) to perform its services; (b) to comply with professional standards to protect public health, safety and
the environment; and (c) to comply with laws and court orders. H&H will make reasonable efforts to give you prior notice of
any disclosure under (b) or (c) above. You will reimburse 1-I&H for responding to any subpoena or governmental inquiry or
audit related to the services, at the rates set forth in the applicable Proposal, amendment or change order.
14. Insurance. During performance of the services, H&H will maintain workers compensation, commercial general
liability, automobile liability, and professional liability insurance. H&H will furnish you certificates of such insurance on
request.
15. Indemnification. You agree to hold harmless, indemnify, and defend H&H and its affiliates and subcontractors and
their employees, officers, directors and agents (collectively referred to in this paragraph as "H&H") against all claims, suits,
fines and penalties, including mandated cleanup costs and attorneys' fees and other costs of settlement and defense, which
claims, suits, fines, penalties or costs arise out of or are related to this Agreement or the services, except to the extent they are
caused by H&H's negligence or willful misconduct.
16. Limitation of Remedies.
a. To the fullest extent permitted by law and notwithstanding anything else in this Agreement to the contrary, the
aggregate liability of H&H and its affiliates and subcontractors and their employees, officers, directors and agents
(collectively referred to in this paragraph as "H&H") for all claims arising out of this Agreement or the services is limited
to $50,000 or, if greater, 10% of the compensation received by H&H under this Agreement.
b. You may elect to increase the limit of liability by paying an additional fee, such fee to be negotiated prior to the
execution of this Agreement.
c. Any claim will be deemed waived unless received by H&H within one year of substantial completion of the
services.
d. H&H will not be liable for lost profits, loss of use of property, delays, or other special, indirect, incidental,
consequential, punitive, exemplary or multiple damages.
e. H&H will not be liable to you or the site owner for injuries or deaths suffered by H&H's or its subcontractors'
employees.
f. You will look solely to H&H for your remedy for any claim arising out of or relating to this Agreement, including
any claim arising out of or relating to alleged negligence or errors or omissions of any H&H principal, officer, employee
or agent.
5
p:\fy2016\transportation\ciorba\austin avenue \ciorba austin ave psi.doc
EXHIBIT "1"
17. Disputes.
a. All disputes between you and H&H shall be subject to non-binding mediation.
b. Either party may demand mediation by serving a written notice stating the essential nature of the dispute, the
amount of time or money claimed, and requiring that the matter be mediated within forty-five (45) days of service
of notice.
c. The mediation shall be administered by the American Arbitration Association in accordance with its most recent
Construction Mediation Rules, or by such other person or organization as the parties may agree upon.
d. No action or suit may be commenced unless mediation has occurred but did not resolve the dispute, or unless a
statute of limitation period would expire if suit were not filed prior to such forty-five (45) days after service of
notice.
18. Miscellaneous.
a. Massachusetts Mw shall govem this Agreement.
b. The above terms and conditions regarding Limitation of Remedies and Indemnification shall survive the completion of the
services under this Agreement and the termination of the contract for any cause.
c. Any amendment to these Terms and Conditions must be in writing and signed by both parties.
d. Having received these Terms and Conditions, your oral authorization to commence services, your actions, or your use of
the Report or Work Product constitutes your acceptance of them.
e. This Agreement supersedes any contract terms, purchase orders or other documents issued by you.
f. Neither party may assign or transfer this Agreement or any rights or duties hereunder without the written consent of the
other party.
g. Your failure or the failure of your successors or assigns to receive payment or reimbursement from any other party for any
reason whatsoever shall not absolve you, your successors or assigns of any obligation to pay any sum to H&H under this
agreement.
h. These Terns and Conditions shall govern over any inconsistent terms in H&H's Proposal.
The provisions of this Agreement are severable; if any provision is unenforceable it shall be appropriately limited and
given effect to the extent it is enforceable.
j. The covenants and agreements contained in this Agreement shall apply to, inure to the benefit of and be binding upon
the parties hereto and upon their respective successors and assigns.
BOTH PARTIES HERETO WARRANT AND REPRESENT that they have full right, power, and authority to
execute this Contract.
IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first specified
above.
CONSULTANT
HUFF & HUFF, INC.
Signature
By Linda L. Huff, P.E.
Typed Name
Principal
Officer's Title
October 15, 2015
CLIENT
CIORBA GROUP CONSULTING ENGINEERS
Signature
Typed Name
Officer's Title
Date Date
6
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Illinois Department
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FIRM NAME Huff & Huff, Inc.
PRIME/SUPPLEMENT Ciorba Group, Inc.
PTB NO.
DATE ########
ESCALATION FACTOR 2.00%
CLASSIFICATION
CURRENT RATE
ESCALATED RATE
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Senior Consultant
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Senior Planning PM
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Environmental Scientist El
Environmental Scientist E2
Administrative Managers
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Senior PM II
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$70.00
$56.96
$52.89
$53.26
$38.48
$41.11
$43.51
$37.02
$38.47
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$39.67
$36.54
$28.85
$30.77
$41.83
$30.29
$31.74
$24.04
$22.12
$37.26
$26.00
$21.16
$57.69
$38.70
$70.00
$58.10
$53.95
$54.33
$39.25
$41.93
$44.38
$37.76
$39.24
$33.60
$40.46
$37.27
$29.43
$31.39
$42.67
$30.90
$32.37
$24.52
$22.56
$38.01
$26.52
$21.58
$58.84
$39.47
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BDE 025 (Rev. 2/06)
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EXHIBIT "1"
HUFF & HUFF, INC.
SUMMARY OF INHOUSE DIRECT COSTS
Project: Ciorba Group - Austin Avenue
DIRECT
Task 1 - PSI
Trips - Company 65 miles x 3 x $ 0.575 = $ 112.13
Tolls 6 x $ 1.90 = $ 11.40
Reproduction 3 sets x 150 x $ 0.03 = $ 13.50
Color copies 3 sets x 10 x $ 0.11 = $ 3.30
field kit 2 days x 1 x $ 30.00 = $ 60.00
PID 2 days x 1 x $ 75.00 = $ 150.00
Task Total $ 350.33
Task 2 - QA/QC, PM
Task Total $
GRAND TOTAL $ 350.33
F:\Proposals\Proposal-FY2016\Ciorba\Austin Avenue\jCiorbe Austin Ave DC.xlsjInhouse Direct Costs
EXHIBIT "1"
HUFF & HUFF, INC.
SUMMARY OF OUTSIDE DIRECT COSTS
Project: Ciorba Group - Austin Avenue
Task 1 - PSI
Analytical
PNA 14 x $ 105.00 = $ 1,470.00
Metals total 6 x $ 85.00 = $ 510.00
Metals SPLP 6 x $ 165.00 = $ 990.00
BTEX 14 x $ 65.00 = $ 910.00
VOC 6 x $ 125.00 = $ 750.00
5035 kits 22 x $ 12.00 = $ 264.00
pH 20 x $ 24.00 = $ 480.00
Federal Express 1 x $ 20.00 = $ 20.00
Task Total $ 5,394.00
OUTSIDE
Task 2 - QA/QC, PM
Task Total
GRAND TOTAL $ 5,394.00
F:\Proposals\Proposal-FY2016\Ciorba\ ustin Avenue\[Ciorbe Austin Ave.xlsjCOST EST
EXHIBIT "1"
HUFF & HUFF, INC.
SUMMARY OF SERVICES BY OTHERS
Project: Ciorba Group - Austin Avenue
Task 1- PSI
Driller (days)
Traffic Control (days)
Task 2 - QA/QC, PM
OUTSIDE
2 x $ 2,000.00 = $ 4,000.00
2 x $ 1,800.00 = $ 3,600.00
Task Total $ 7,600.00
Task Total $
GRAND TOTAL $ 7,600.00
F:\Proposals\Proposal-FY2016\CiorbaWustin Avenue\ICiorba Austin Ave.xls)COST EST
Illinois Department
of Transportation
Prime Consultant
Name
Address
Telephone
TIN Number
Project Information
Local Agency
Section Number
Project Number
Job Number
EX iiTE "
Ciorba Group, Inc.
5507 N Cumberland Ave, Chicago, IL 60650
773-775-4009
36-2525351
Village of Morton Grove
12 -00106 -00 -PV
M-4003(172))
D-91-225-13
Engineering Payment Report
This form is to verify the amount paid to the Sub -consultant on the above captioned contract. Under penalty of law for
perjury or falsification, the undersigned certifies that work was executed by the Sub -consultant for the amount listed below.
Sub -Consultant Name
TIN Number
Actual Payment
from Prime
Sub -Consultant Total:
Prime Consultant Total:
Total for all Work
Completed:
Signature and title of Prime Consultant Date
Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory
purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as
concurring with the payment amount specified above.
For information about IDOTs collection and use of confidential information review the department's Identity Protection Policy.
Page 7 of 7 BLR 05610 (Rev. 11/21/13)
Printed on 11/3/2015 10:49:17 AM