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HomeMy WebLinkAbout2016-06-13 AgendaMORTON GROVE Incredibly Close i' Arnazingly Open VILLAGE BOARD OF TRUSTEES REGULAR MEETING NOTICE/AGENDA TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER SCANLON CONFERENCE ROOM JUNE 13, 2016 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. CaII 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 — May 23, 2016 8. Special Reports 9. Public Hearings 10. Residents' Comments (agenda items only) 11. President's Report —Administration, Northwest Municipal Conference, Council of Mayors, Strategic Plan, Comprehensive Plan a. Proclamation — Philippine -United States Friendship Year - 2016 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) 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, Chamber of Commerce (Trustee Minx) 1) Resolution 16-39 (Introduced June 13, 2016) Authorizing the Execution of a Contract with Christopher B. Burke Engineering, Ltd. For Professional Land Surveying Services 2) Resolution 16-40 (Introduced June 13, 2016) Authorizing Design Improvements at the Intersection of Theobald Road, Mango Avenue, and South Park Avenue 3) Resolution 16-41 (Introduced June 13, 2016) Authorizing a Contract for a Power Supply Agreement for the Purchase of Electricity and Other Related Services d. Trustee Ramos — Legal, 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, Advisory Commission on Aging (Trustee Ramos) 14, Reports by Trustees (continued) f. Trustee Witko — IT Communications, Strategic Plan Committee, Finance Department, Family and Senior Services Department (Trustee Grear) 1) Ordinance 16-14 (Introduced June 13, 2016) (First Reading -Request to Waive Second) Establishing the Prevailing Rate of Wages for Laborers, Mechanics and Other Workers in the Village Employed in Performing Construction of Public Works for the Village 15. Other Business 16. Presentation of Warrants - $773,379.90 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 MAY 23, 2016 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. He then led the Board and assemblage in the Pledge of Allegiance. 111. Village Clerk Connie Travis called the roll. Present were: Trustees Bill Grear, Rita Minx, John Pietron, Ed Ramos, John Thill, and Janine Witko. IV. APPROVAL OF MINUTES Regarding the May 9, 2016 Regular Board Meeting, Trustee Minx moved to approve the Minutes as presented, seconded by Trustee Witko. Motion passed with one abstention via voice vote. Trustee Pietron abstained as he did not attend the May 9, 2016 Board meeting. V. SPECIAL REPORTS NONE VI. PUBLIC HEARINGS NONE VII. RESIDENTS' COMMENTS (Agenda Items Only) NONE VIII. PRESIDENT'S REPORT Mayor DiMaria had no report this evening. MMinutes of May 23, 2016 Board Meeting IX. CLERK'S REPORT Clerk Travis said the planting program for the Community Relations Commission's "Adopt A Planter" program was held on Saturday and Sunday, May 14 and 15 and was a huge success. All 85 planters have been adopted, and pictures of the planting weekend (and the finished planters) can be seen on the Village's Facebook page. Clerk Travis asked that planter adopters continue to send in pictures of their planters so the Village can continue to post them. Public Works will be assessing the health of the planters and will be watering them. Anyone having a question about their planter can call Public Works at 847-470-5220. 2. Clerk Travis said the Community Relations Commission has received a number of photos and is still accepting photos for its photo contest. She encouraged residents to get their photos submitted because the contest ends on May 3151. Photos must support the Village's new tagline: "Incredibly Close. Amazingly Open." Winners will be announced at the June Village Board Meeting. The winning photos will be shared in the Village newsletter and posted on the Village's website and Facebook page. They will also be framed and displayed at Village Hall. X. STAFF REPORTS A. Village Administrator: Mr. Czerwinski reminded the assemblage that the next Neighborhood Outreach will take place on Wednesday, June 15, at 6:00 p.m. at Edison School. Postcards to residents are in the mail and he encouraged everyone to take the opportunity to come and visit with the elected officials and staff in an informal setting. B. Corporation Counsel: Corporation Counsel Liston had no report. Xl. TRUSTEES' REPORTS A. Trustee Grear: 1. a. Trustee Grear presented Ordinance 16-11, Repealing In Its Entirety Title 2, Chapter 15 Entitled "Emergency Telephone System Board" of the Village of Morton Grove Municipal Code. This is the second reading of this Ordinance. Trustee Grear explained that Public Act 99-00006 amends the State's Emergency Telephone System Act and requires Emergency Telephone System Boards ("ETSB") that do not have a public safety answering point in its jurisdiction be consolidated through an intergovernmental agreement to create a Joint Emergency Telephone System Board (JETSB). The Village of Morton Grove along with other municipalities will, pursuant to Resolution 16-32, enter into an intergovernmental agreement to form a JETSB in compliance with the new law. The law further requires Morton Grove to dissolve its current ETSB, effective January 1, 2017, subject to the State's approval of the consolidation plan set forth in the intergovernmental agreement. 2 ^ t inutes of May 23, 2016 Board Meeting XI. A. Trustee Grear: (continued) b. Therefore, this Ordinance will dissolve the existing Village of Morton Grove ETSB in compliance with the new law. TRUSTEES' REPORTS (continued) 2. a. b. c. d. e. Trustee Grear moved to adopt Ordinance 16-11, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Minx a ye Tr. Ramos gyg Tr. Thill aL Tr. Pietron !Y Tr. Witko gyg Trustee Grear then presented Ordinance 16-12, Amending Title 2 Entitled "Boards and Commissions" of the Municipal Code to Add a New Chapter 16 Entitled "Morton Grove Special Events Commission." This is the second reading of this Ordinance. Trustee Grear explained that the Morton Grove Days Commission is an organization comprised of residents, civic groups, Park District representatives, Village officials, and staff who work together to plan and operate the Village's annual Independence Day festival, a multiple -day festival which includes a parade, carnival, live entertainment, food, refreshments, and fireworks. Currently, expenses for the festival are paid through funds raised by the Commission from sponsorships, carnival revenue, entrance fees, and the sale of food and beverages, with some financial support from the Village for payment of liability insurance and overtime expenses for public safety and public works personnel. The Morton Grove Days Commission members recently voted to have the Village assume operational responsibility for the event in order to provide oversight for the use of Village resources and funds, and to provide insurance and indemnification coverage for the event volunteers. This ordinance creates a standing commission comprised of representatives from the Police and Public Works Department, the Park District, the Village Board, the current Morton Grove Days Commission, and local residents, which will coordinate the planning and operations of the event. The original Morton Grove Days Commission will remain a separate 501(c)3 not-for-profit entity and will raise the funds used to pay for the Independence Day festival and possibly other Village events. Trustee Grear said that the Mayor will appoint the members of this new Standing Commission at a subsequent meeting, as well as staff and Board liaisons. Trustee Grear said this is a great thing for the Morton Grove Days Commission and for the Village. He noted that without the cooperation of the Village and the Park District, it would be a very difficult task for the Morton Grove Days Commission to put on this multi -day festival. Trustee Grear moved to adopt Ordinance 16-12, seconded by Trustee Pietron. Motion passed: 6 ayes, 0 nays. Tr. Grear ave Tr. Minx ayg Tr. Pietron aye Tr. Ramos aye Tr. ThiII gyg Tr. Witko aye 3 '`-Minutes of May 23, 2016 Board Meeting XI. A. Trustee Grear: (continued) TRUSTEES' REPORTS (continued) f. Mayor DiMaria commented that volunteers are what makes the Independence Day event work. He encouraged everyone with an interest in volunteering for the festival to call Village Hall or reach out to the Morton Grove Days Commission on their Facebook page. He expects this year's event to be the greatest one yet! B. Trustee Minx: Trustee Minx had no formal report, but wanted to emphasize that donations for the Morton Grove Days Festival can still be made to the Morton Grove Days Commission, a 501(c)3 organization. The Morton Grove Special Events Commission will handle the physical operations and logistics of the event. The Village does not pay for the event. C. Trustee Pietron: 1. Trustee Pietron presented Resolution 16-35, Authorizing the Execution of a Contract With Crystal Management and Maintenance Services Corporation For Janitorial Cleaning Services. a. He explained that this contract was bid through a public process in accordance with the Village Code. The contract was advertised and sealed bids were received. The Director of Public Works recommends the lowest bid be rejected due to unsatisfactory performance. The second lowest bid, from Crystal Management and Maintenance Services, is recommended, as they have provided satisfactory janitorial services to the Village in the past. The budgeted amount for this work is $58,085; the estimated contract value is $46,080, but since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Trustee Pietron moved to approve Resolution 16-35, seconded by Trustee Witko. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Minx Tr. Ramos kya Tr. Thill kya Ays Tr. Pietron Tr. Witko b. Trustee Grear commended staff on doing a great job on this. He commented that he remembered Crystal Management and Maintenance Services as doing a good job. Lys Lyi c. Trustee Thill asked about the unit price contract; he wondered if that meant if/when the janitorial service did additional work. Public Works Director DeMonte said yes. 2. Next, Trustee Pietron presented Resolution 16-36, Authorizing the Execution of a Contract With New Castle Electric, Inc. For the South Pumping Station Generator Replacement Project. 4 XI. C. Trustee Pietron: a. Minutes of May 23, 2016 Board Meeting TRUSTEES' REPORTS (continued) Trustee Pietron explained that, in March 2016, the south pumping station's generator and drive unit experienced a large flash during startup, rendering the 41 -year old standby generator (installed in 1975) inoperable. It was irreversibly damaged and parts are no longer available. It is a critical priority to replace the south pumping station generator. Requests for bids for a replacement generator resulted in three bids being received; the low bidder being New Castle Electric, Inc. of Itasca, Illinois. Their bid of $122,000 was $50,000 lower than the next bid. Their qualifications and availability have been verified and staff recommends this bid be accepted. With the approval of this Resolution, the Village President is authorized to execute a purchase agreement with New Castle Electric, Inc. to replace the south pumping station generator. The south pumping station water distribution pumps supply water to the east side of Morton Grove. Trustee Pietron moved, seconded by Trustee Minx, to approve Resolution 16-36. Motion passed: 6 ayes, 0 nays. Tr. Grear tit Tr. Minx aye Tr. Pietron ave Tr. Ramos ayg Tr. ThiII ayg Tr. Witko tit D. Trustee Ramos: 1. Trustee Ramos presented Ordinance 16-13, Amending Title 5, Chapter 13, Article F, Entitled "No Parking During Certain Hours;" Title 5, Chapter 13, Article F, Section 4 Entitled "Restricted Parking Streets" of the Municipal Code of the Village of Morton Grove. a. b. c. d. This is the second reading of this Ordinance. Trustee Ramos explained that the Traffic Safety Commission had received a request for temporary experimental parking restrictions to be installed on Narragansett Avenue between Hennings Court and Dempster Street, and subsequently, to make a recommendation to the Village Board about whether or not to make this restriction permanent. The Traffic Safety Commission reviewed this request at their April 2016 meeting. There are existing parking restrictions on this segment of Narragansett that do not meet the needs of the residents and businesses. Business owners have asked the Village to address the inadequate parking regulations three times since 2010. The Police Chief made an experimental regulation prohibiting parking on the east side of Narragansett except for vehicles displaying a Village -issued hang tag displayed in the front windshield of the parked vehicle. He also made an experimental regulation limiting parking to a 3 -hour duration on the west side of Narragansett from 6:00 a.m. to 4:00 p.m. except for vehicles displaying a Village -issued hang tag in the front windshield of the parked vehicle and prohibiting all parking between 4:00 a.m. and 6:00 a.m. every day. These experimental regulations were established on January 1, 2016 and expired on March 29, 2016. They have been extended to June 30, 2016. Residents and businesses have asked that these parking regulations be made permanent. 5 +Minutes of May 23, 2016 Board Meeting XI. D. Trustee Ramos: (continued) TRUSTEES' REPORTS (continued) e. After review, Village staff supports this request. The Traffic Safety Commission also recommends that these parking restrictions be made permanent, thereby making this a new zoned parking area. Trustee Ramos moved to adopt Ordinance 16-13, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. Grear ,aye Tr. Minx Tr. Ramos aya Tr. Thill ayg Tr. Pietron aye Tr. Witko aye 2. Next, Trustee Ramos presented Resolution 16-38, Authorizing an Agreement Between the Village of Morton Grove and Zabinski Consulting Services, Inc. For Bookkeeping and Accounting Services. a. b. He explained that over the past several months, the Village has used Zabinski Consulting Services, Inc. for accounting and bookkeeping services. Using an independent contractor on an as -needed basis for certain bookkeeping services has been both efficient and cost-effective. The Village Administrator and Finance Director are recommending the Village continue to use Zabinski through the end of 2016. The Village Administrator has negotiated an agreement with the firm for such services at a price not to exceed $25,000. Trustee Ramos moved to approve Resolution 16-38, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. Grear aya Tr. Minx kya Tr. Ramos aya Tr. Thill acre Tr. Pietron Tr. Witko ayg Trustee Pietron commented that he had an informative talk with Mr. Czerwinski and feels that this is a good deal. It helps the Village reduce its expenses without sacrificing quality. E. Trustee Thill: 1. Trustee Thill had no formal report, but commented on the recent Document Destruction and Small Electronics Recycling event. He said that 285 cars came through; no report on tonnage yet, though. He thanked the Park District for the use of their parking lot by Harrer Park and Pub- lic Works for their assistance in streamlining the traffic flow. Trustee Thill said he heard many comments about "how smooth" the process was. 2. Trustee Thill thanked Police Chief Mike Simo for the "Cop on Top" fundraiser, which featured Chief Simo and Commanders Yaras and Fennelly on top of Dunkin Donuts to raise money for Special Olympics. Over $1,700 was raised. 6 Minutes of May 23 2016 Board Meeting XI. E. Trustee Thill: (continued) 3. Trustee Thill encouraged residents and the assemblage to support the Morton Grove Days event by eating at Culver's this coming Wednesday, May 25, between the hours of 5:00 p.m. and 8:00 p.m. Culver's is generously donating 20% of all proceeds between those hours to the Morton Grove Days Commission. F. Trustee Witko: 1. Trustee Witko presented Resolution 16-37, Authorizing the Execution of a License Agreement Between Sigecom, LLC and the Village of Morton Grove For Use of the Village Right -Of -Ways. She explained that Sigecom, LLC (doing business as WOW! Internet, Cable, and Phone) would like to install and maintain fiber optic telecommunications cables on existing utility poles and/or within underground conduit located within the Village right-of-ways. The Village Administrator has negotiated a 10 -year license agreement wherein the Licensee shall donate, route, and install twelve (12) fiber strands to the Village to provide a connection between the Village Hall, the Fire Stations, and the North Pumping Station, and pay the Village the sum of $6,500 as compensation for the Village's expenses related to this agreement. The fiber strand donation is expected to save the Village more than $110,000 over the next ten years. Trustee Witko moved, seconded by Trustee Pietron, to approve Resolution 16-37. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Minx Tr. Pietron ,aye Tr. Ramos aye Tr. ThiII aye Tr. Witko TRUSTEES' REPORTS (continued) 2. Trustee Witko invited all residents to a Peace and Harmony Vigil on June 1, at the Civic Center, between the hours of 7:15 p.m. and 8:15 p.m. XII. OTHER BUSINESS NONE XIII. WARRANTS Trustee Ramos presented the Warrant Register for May 23, 2016, in the amount of $1,081,625.68. He moved that the Warrants be approved as presented. Trustee Minx seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. Grear ,aye Tr. Minx Tr. Ramos aqe Tr. Thill tys Tr. Pietron ays Tr. Witko �e 7 Minutes of May 23 2016 Board Meeting RESIDENTS' COMMENTS Nancy Lanning commented that the document destruction event went extremely well and complimented retired Village Sanitarian Bonnie Burnett on doing an outstanding job of organizing it. Mrs. Lanning also thanked Chief Simo and Commander Yaras for throwing out the first pitch at the Girls' Baseball finals. Mrs. Lanning said that Chief Simo and Finance Director Hannah Sullivan have recently called bingo at the Civic Center, and Trustee Thill is next up. She said there is so much to do at the Civic Center now with Mather LifeWays, and recommended that all seniors take advantage of the programming they have. She said that Tracy is an excellent resource. They now have events mapped out at least a month ahead of time. The first Thursday of every month is a "Music & More night, and coming up soon will be a "prom" luncheon. 2. Sufian and Jill Alali, 5718 Lee Street, appeared before the Board to express concerns about a neighbor's home business. It's a landscaping business, operational from April through October. The problem is the neighbor runs very noisy equipment from 7:00 a.m. to 6:00 p.m. and has trucks going in and out of his driveway throughout the day. The neighbor is operating machin- ery, which he should not be doing, because the Village defines a "home business" as a busi- ness that occurs within a residence or enclosed structure. a. b. Mr. and Mrs. Alali said they've tried to talk with him, to no avail, and tried getting the police to enforce the provisions for a home business. The police have thus far only ticketed certain of his vehicles for parking too long in a spot. Mr. Alali said that, when he called the police, they seemed to have no clue about the Municipal Code (which they found on the Village's website). He said he's concerned about the safety of the kids on the block—this is happening seven days a week. The Alali's felt there are a number of violations happening here. They also called the Building Department a few weeks ago, but nothing has happened. They've collected signatures from eight other households on the block where the neighbors share their concerns. C. Mayor DiMaria assured the Alali's that the Board understands their problem and asked them to speak with Mr. Czerwinski and hopefully this situation can be resolved. 3. a. Rich Block informed the Board and assemblage that the Farmers' Market is opening on Satur- day, June 4. Hours of the market are from 8:00 a.m. to noon. Opening ceremonies will be held at 9:30 a.m. He said he hoped the Board members would attend and said the Market truly ap- preciates the support of the Village. Mr. Block also thanked the Village for the rain barrel distribution program (in conjunction with the Metropolitan Water Reclamation District). Over 1,200 rain barrels have been distributed thus far. Each rain barrel is a 55 -gallon drum. These rain barrels are saving the Village 50,000 to 70,000 gallons of water each time it rains. Mayor DiMaria told Mr. Block, "We'll see you there!" 8 'Minutes of May 23 2016 Board Meeting XV. 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 are Tr. Thill aye The meeting adjourned at 7:27 p.m. PASSED this 13th day of June, 2016. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 13th day of June, 2016. Daniel P. DiMaria, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 14th day of June, 2016. Connie J. Travis, Village Clerk Village of Morton Grove, Cook County, Illinois Tr. Pietron aye Tr. Witko aye Minutes by: Teresa Cousar 9 rnciarnaffgn Village of Morton Grove WHEREAS, the Philippines was a colony of the United States from 1899 to 1946; and WHEREAS, the Filipino people being United States Commonwealth subjects when the U.S. declared war against Japan on December 9, 1941, had successfully fought side-by-side with the Americans against the Japanese invaders from 1941 to 1945; and WHEREAS, this year, 2016, marks the 70th Year Anniversary of the United States granting independence to the Philippines on July 4, 1946; and WHEREAS, the United States and the Philippines continue to maintain mutual defense and trade agreements; and WHEREAS, Filipino Americans are the second largest Asian immigrant group in the United States; and WHEREAS, the Village of Morton Grove has one of the largest concentration of Filipino Americans among all communities in Illinois; and WHEREAS; July 4 is not only celebrated as Independence Day in the United States but as Philippine -United States Friendship Day in the Philippines. NOW, THEREFORE, I, Daniel P. DiMaria, Mayor of the Village of Morton Grove, do hereby proclaim the year 2016 as PHILIPPINE -UNITED STATES FRIENDSHIP YEAR in the Village of Morton Grove in honor of our friendship with the Filipino community. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the Village of Morton Grove Daniel P. DiMaria Village President Legislative Summary Resolution 16-39 AUTHORIZING THE EXECUTION OF A CONTRACT WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR PROFESSIONAL LAND SURVEYING SERVICES Introduced: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: Respectfully submitted: / Ral June 13, 2016 To have Christopher B. Burke Engineering, Ltd., a professional land surveying company to prepare a Plat of Highways for seven parcels adjacent to the intersection of Austin Avenue and Oakton Street as part of the Austin Avenue Improvements. The Austin Avenue Improvements is an upcoming project to improve Austin Avenue from Oakton Street to Main Street and to modernize the intersection of Austin Avenue and Oakton Street. The intersection improvements will require additional land to be purchased in order to fit the roadway within the public right-of-way. The Village is not qualified to do the necessary work to survey and prepare a Plat of Highways. Seven parcels need to be purchased. Four are within the Village and three are within the Village of Skokie. Village staff is developing an agreement with Skokie to provide the cost sharing agreement for land acquisition and other services related to these Austin Avenue Improvements. The Village staff used a Request for Qualifications (RFQ) process that included solicitation, review of statements of qualifications and interviews to procure professional land surveying services. A total of nine statements of qualifications were received from local firms. Staff recommends the firm Christopher B. Burke Engineering, Ltd. to the Board based on their ability to perform the work. Public Works Department A not -to -exceed cost of $28,804. This work will be partially reimbursed by the Village of Skokie. Capital Projects A/C #305060-552140 Austin Avenue Preliminary Engineering 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 Prepared by: Chris Tomich, Village Engineer Reviewed by: Teresa o ` an - iston, Corporation Counsel , Director Public Works RESOLUTION 16-39 AUTHORIZING THE EXECUTION OF A CONTRACT WITH CHRISTOPHER B BURKE ENGINEERING, LTD. FOR PROFESSIONAL LAND SURVEYING SERVICES WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village is developing a project to make improvements to Austin Avenue from Oakton Street to Main Street, including modernizing the intersection of Austin Avenue and Oakton Street; and WHEREAS, the improvement at the intersection of Austin Avenue and Oakton Street will require additional land to be purchased in order to fit the road within the public right-of-way; and WHEREAS, the additional land needs to be legally surveyed according to federal and state requirements; and WHEREAS, the Village does not have the expertise to survey property in a manner that complies with federal and state requirements and therefore requires the use of a professional land surveying company; and WHEREAS, Village staff developed and implemented a Request for Qualifications (RFQ) process for professional land surveying services to survey and prepare a Plat of Highways for seven parcels to be acquired; and WHEREAS, nine (9) firms submitted statements of qualifications; and WHEREAS, the Selection Committee comprised of the Village Engineer, Streets Superintendent, and Engineering Inspector interviewed four firms; and WHEREAS, Selection Committee ranked the firm of Christopher B. Burke Engineering, Ltd. the most qualified to provide the envisioned services; and WHEREAS, the Village Engineer negotiated an agreement (Exhibit "A") with Christopher B. Burke Engineering, Ltd. in the amount of $28,804.00 to complete the necessary work; and WHEREAS, funding for the above work is included in the Village of Morton Grove adopted 2016 Budget under account number 305060-552140 Austin Avenue Preliminary Engineering in the amount of $550,000 for design engineering services, land acquisition services, surveying services, and land acquisition; and WHEREAS, a portion of the cost of this contract will be reimbursed to the Village by the Village of Skokie through a future cost-sharing agreement 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 Village Administrator of the Village of Morton Grove is hereby authorized to execute a contract (Exhibit "A") with Christopher B. Burke Engineering, Ltd. for professional land surveying services in the not -to -exceed amount of $28,804.00. SECTION 3. This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 13th DAY OF JUNE 2016 Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED BY ME THIS 13th DAY OF JUNE 2016 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 14th DAY OF JUNE 2016 Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois EXHIBIT "A" VILLAGE OF MORTON GROVE PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is dated as of the 14`h day of June, 2016 ("Agreement") and is by, between and among the VILLAGE OF MORTON GROVE, an Illinois municipal corporation ("Village") and Christopher B. Burke Engineering Ltd. ("Consultant") IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in the Agreement, and pursuant to the Village's statutory and home rule powers, the parties agree as follows: 1 PARTIES: The parties to this Agreement and the address and contact information for each is as follows: Village: Village of Morton Grove 6101 Capulina Avenue Morton Grove, IL 60053 Contact: Chris Tomich ("Village Representative") 847-663-3902 ctomich@mortongroveil.org Consultant: Christopher B. Burke Engineering Ltd. 9575 West Higgins Road, Suite 600 Rosemont, Illinois 60018 Contact: John Murphy, P.E., P.L.S. 847-823-0500 jmurphy@cbbel.com 2 PERFORMANCE OF SERVICES 2.1. Project Description. Consultant will provide all necessary services and to perform the work in connection with the project identified in and consistent with the Proposal dated June 1, 2016, a copy of which is attached as Exhibit A to this agreement "services". The Consultant represents that it is financially solvent, has the necessary financial resources, and is sufficiently experienced and competent to perform and complete the services set forth in Exhibit A in a manner consistent with the standards of professional practice by recognized by the industry providing services of a similar nature. 2.2 Time of Performance. The Consultant's provision of Services shall commence on June 14, 2016 (the "Commencement Date"). The Consultant shall diligently and continuously prosecute the Services until the completion of the Work in accordance with deadlines established for particular tasks from time to time ("Time of Performance") The Time of Performance of this Agreement, unless terminated pursuant to the terms of this Agreement, shall expire on April 1, 2017. A determination of completion shall not constitute a waiver 1 Attachment 4 Issued: May 9, 2016 EXHIBIT "A" of any rights or claims the Village may have or thereafter acquire with respect to any breach hereof by the Consultant or any right of indemnification of the Village by the Consultant. 2.3 Early Termination. Notwithstanding any other provision hereof, the Village may terminate this agreement at any time upon 15 days prior written notice to the Consultant. In the event that this agreement is so terminated, the Consultant shall be paid for services satisfactorily performed and reimbursable expenses actually incurred, if any, prior to termination, not exceeding the value of the services completed as determined as provided in this agreement. 2.4 Suspension of Services. Village may, at any time, with or without cause, suspend all or any portion of services for a period of up to 90 days ("suspended services"). Consultant shall immediately stop the performance of the suspended services, until such time as Village issues direction to Consultant to resume the suspended services. Consultant shall take such action as is reasonably necessary to protect the suspended services and take such additional action as directed by Village. 2.5 Force Majeure. Village shall not be responsible for delay in the performance of its obligations under this agreement caused by a force majeure event. To the extent that Contracted Services are delayed by a force majeure event, Consultant will be entitled to an equitable adjustment of the time for performance. For purposes of this agreement, a "force majeure event" is an occurrence or circumstance beyond the control of the claiming party and may include, but is not limited to extraordinary weather conditions, or other natural catastrophes, war, riots, strikes, lockouts, or other industrial disturbances. 2.6 Assignments; Coordination; Reporting. Assignments and tasks will be assigned to the Consultant by Village Representative. Consultant shall regularly report to and will coordinate all work through Village Representative or his designee. 2.7 Quality Control Plans. When required by the Exhibit A, Consultant shall execute a quality control plan acceptable to Village that ensures the quality of its work products and activities. Prior to starting the performance of the services, Consultant shall submit its quality control plan for the services. Submission of the quality control plan to Village will not replace in any way Consultant's responsibility for quality control or for its work products and activities. Notwithstanding any review by Village, Consultant shall be responsible for the quality of the Services. 2.8 Warranty of Services. The Consultant warrants that the services shall be performed in accordance with the highest standards of professional practice, care, and diligence practiced by recognized consulting firms in performing services of a similar nature in existence at the Time of Performance. The warranty expressed shall be in addition to any other warranties expressed in this agreement, or expressed or implied by law, which are hereby reserved unto the Village. 2 Attachment 4 Issued: May 9, 2016 EXHIBIT "A" 2.9 Mutual Cooperation. The Village agrees to cooperate with the Consultant in the performance of the services, including meeting with the Consultant and providing the Consultant with such non -confidential information that the Village may have that may be relevant and helpful to the Consultant's performance of the services. The Consultant agrees to cooperate with the Village in the performance of the services and with any other Consultants engaged by the Village. 2.10 Amendment. No amendment or modification to this agreement shall be effective unless and until such amendment or modification is approved in writing by the Village Administrator. 2.11 No Additional Obligation. The Parties acknowledge and agree that the Village is under no obligation under this agreement or otherwise to negotiate or enter into any other or additional contracts or agreements with the Consultant, or with any vendor solicited or recommended by the Consultant. 3 COMPENSATION AND METHOD OF PAYMENT 3.1 Agreement Amount. The total amount billed by the CONSULTANT for the Services under this Agreement shall not exceed Twenty -Eight Thousand Eight Hundred Four dollars ($28,804.00) without the prior express written authorization of the Village Administrator. Said amount includes reimbursable expenses. Services in excess of Twenty Thousand Dollars ($20,000) per year may be authorized only if approved by resolution of the VILLAGE's Board of Trustees. 3.2 Invoices and Payment. The Consultant shall submit invoices to the Village in an approved format for those portions of the Services performed and completed by the CONSULTANT. The Village shall pay to the Consultant the amount billed for completed and approved work within 30 days after its receipt and approval of an invoice for same. 3.3 Records. The Consultant shall maintain records showing actual time devoted and costs incurred, and shall permit the authorized representative of the VILLAGE to inspect and audit all data and records of the Consultant for work done under the Agreement. The records shall be made available to the Village at reasonable times during the Agreement period, and for three years after the termination of the Agreement. 3.4 Claim For Additional Compensation. If the Consultant wishes to make a claim for additional compensation as a result of action taken by the Village, the Consultant shall provide written notice to the Village of such claim within 7 days after occurrence of such action, and no claim for additional compensation shall be valid unless made in accordance with this Subsection. Any changes in the agreement amount shall be valid only upon written amendment of this agreement approved by the Village Administrator. Regardless of the decision of the Village relative to a claim submitted by the Consultant, the Consultant shall proceed with all of the services required to complete the services under this agreement as determined by the Village without interruption. 3 Attachment 4 Issued: May 9, 2016 EXHIBIT "A" 3.5 Taxes, Benefits and Royalties. The agreement amount includes all applicable federal, state, and local taxes of every kind and nature applicable to the services as well as all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or similar benefits and al] costs, royalties and fees arising from the use on, or the incorporation into, the services, of patented or copyrighted equipment, materials, supplies, tools, appliances, devices, processes, or inventions. All claim or right to claim additional compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or fees is hereby waived and released by Consultant. 4 PERSONNEL AND SUBCONTRACTORS 4.1 Key Project Personnel. Key Project Personnel identified in Exhibit A shall be primarily responsible for carrying out the Services on behalf of the Consultant. The key project personnel shall not be changed without the Village's prior written approval. 4.2 Availability of Personnel. The Consultant shall provide all personnel necessary to complete the Services including, without limitation, any Key Project Personnel identified in this Agreement. The Consultant shall notify the Village as soon as practicable prior to terminating the employment of, reassigning, or after receiving notice of the resignation of, any key project personnel. The Consultant shall have no claim for damages and shall not bill the Village for additional time and materials charges as the result of any portion of the Services which must be duplicated or redone due to such termination or for any delay or extension of the Time of Performance as a result of any such termination, reassigning, or resignation. 4.3 Approval and Use of Subcontractors. The Consultant shall perform the services with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved by the Village in writing. All subcontractors and subcontracts used by the Consultant shall be acceptable to, and approved in advance by, the Village. If any personnel or subcontractor fails to perform the services in a manner satisfactory to the Village, the Consultant shall immediately upon notice from the Village remove and replace such personnel or subcontractor. The Consultant shall have no claim for damages, for compensation in excess of the amount contained in this agreement or for a delay or extension of the time of performance as a result of any such removal or replacement. The Village's approval of any subcontractor or subcontract shall not relieve the Consultant of full responsibility and liability for the provision, performance, and completion of the services as required by the agreement. All services performed under any subcontract shall be subject to all of the provisions of this agreement in the same manner as if performed by employees of the Consultant. For purposes of this agreement, the term "Consultant" shall be deemed also to refer to all subcontractors of the Consultant, and every subcontract shall include a provision binding the subcontractor to all provisions of this agreement. 4.4 Village Authority. Notwithstanding any provision of this agreement, any negotiations or agreements with, or representations by the Consultant to any subcontractor, vendor or third party shall be subject to the approval of the Village. The Village shall not be liable to any subcontractor, vendor or other third party for any agreements made by the Consultant, purportedly on behalf of the Village, without the knowledge and approval of the Village. 4 Attachment 4 Issued: May 9, 2016 EXHIBIT "A" 4.5 Lien Waiver. Consultant shall promptly pay for all services, labor, materials and equipment used or employed by Consultant in the performance of the services and shall maintain all materials, equipment, structures, buildings, premises and property of Village free and clear of mechanic's or other liens. Consultant shall, if requested, provide Village with reasonable evidence that all services, labor, materials and equipment have been paid in full. 4.6 Safety and Hazardous Materials. A. Consultant acknowledges that there may be hazardous substances, wastes, or materials as defined by applicable Law ("Hazardous Materials") at the project site or otherwise associated with the services. In such cases, Consultant shall take appropriate precautions to protect and shall be solely and continuously responsible for the health, safety and welfare associated with its employees, subcontractors, agents and those people under the supervision and control of the Consultant with the performance of the services. B. Consultant's employees, agents, subcontractors and all employees of Consultant's employees, agents, subcontractors who perform the services shall be experienced and properly trained to perform the services under such conditions and shall take adequate precautions to protect human health and the environment in the performance of the services. C. In the event that Consultant observes a potentially hazardous condition relating to the services, Consultant shall bring such condition to the attention of Village. 5 RELATIONSHIP OF THE PARTIES 5.1 Independent Contractor. The Consultant shall act as an independent contractor in providing and performing the services. Nothing in, nor done pursuant to, this Agreement shall be construed: A. To create the relationship of principal and agent, employer and employee, partners, or joint venturers between the Village and Consultant; or B. To create any relationship between the Village and any subcontractor of the Consultant. 5.2 Conflict of Interest. The Consultant represents and certifies that, to the best of its knowledge: A. No employee or agent of the Village is interested in the business of the Consultant or this agreement; B. Neither the Consultant nor any person employed or associated with the Consultant has any interest that would conflict in any manner or degree with the performance of the obligations under this agreement; and C. Neither the Consultant nor any person employed by or associated with the Consultant shall at any time during the term of this agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this agreement. 5 Attachment 4 Issued: May 9, 2016 EXHIBIT "A" 5.3 No Collusion. The Consultant represents and certifies that the Consultant is not barred from contracting with a unit of state or local government as a result of A. A delinquency in the payment of any tax administered by the Illinois Department of Revenue unless the Consultant is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of the tax; or B. A violation of either Section 33E-3 or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq. C. The Consultant represents that the only persons, firms, or corporations interested in this agreement as principals are those disclosed to the Village prior to the execution of this agreement, and that this agreement is made without collusion with any other person, firm, or corporation. If at any time it shall be found that the Consultant has, in procuring this agreement, colluded with any other person, firm, or corporation, then the Consultant shall be liable to the Village for all loss or damage that the Village may suffer, and this agreement shall, at the Village's option, be null and void. 5.4 No Personal Liability. No elected or appointed official or employee of the Village shall be personally liable, in law or in contract, to the Consultant as the result of the execution of this agreement. 6 INSURANCE AND INDEMNIFICATION 6.1 Insurance. Contemporaneous with the Consultant's execution of this agreement, the Consultant shall provide certificates and policies of insurance, all with coverages and limits acceptable to the Village, and evidencing at least the minimum insurance coverages and limits as set forth in Exhibit B to this agreement. For good cause shown, the Village Administrator may extend the time for submission of the required policies of insurance upon such terms, and with such assurances of complete and prompt performance, as the Village Administrator may impose in the exercise of his sole discretion. Such certificates and policies shall be in a form acceptable to the Village and from companies with a general rating of A-, and a financial size category of Class X or better, in Best's Insurance Guide. Such insurance policies shall provide that no change, modification in, or cancellation of, any insurance shall become effective until the expiration of 30 days after written notice thereof shall have been given by the insurance company to the Village. The Consultant shall at all times during the term of this agreement, maintain and keep the insurance coverages provided above in force, at the Consultant's expense. 6 Attachment 4 Issued: May 9, 2016 EXHIBIT "A" 6.2 Indemnification. The Consultant shall, without regard to the availability or unavailability of any insurance, either of the Village or the Consultant, indemnify, save harmless, and defend the Village, and its respective officials, employees, agents, volunteers and attorneys against any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses, including attorneys' fees and administrative expenses, that arise, or may be alleged to have arisen, out of or in connection with, the Consultant's performance of, or failure to perform, the services or any part thereof, whether or not due or claimed to be due in whole or in part to the active, passive, or concurrent negligence or fault of the Consultant, except to the extent caused by the sole negligence of the Village. The Consultant further agrees that to the extent that money is due the Consultant by virtue of this contract as shall be considered necessary in the judgment of the Village, may be retained by the Village to protect itself against said loss until such claims, suits, or judgments shall have been settled or discharged and/or evidence to that effect shall have been furnished to the satisfaction of the Village. 7 USE AND DISCLOSURE OF INFORMATION 7.1 Confidential Information. The term "confidential Information" shall mean information in the possession or under the control of the Village relating to the technical, business or corporate affairs of the Village; property of the Village; user information, including, without limitation, any information pertaining to usage of the VILLAGE's computer systems, including and without limitation, any information obtained from server logs or other records of electronic or machine readable form; and the existence of, and terms and conditions of, this agreement. Village confidential information shall not include information that can be demonstrated: (i) to have been rightfully in the possession of the Consultant from a source other than the Village prior to the time the Village disclosed said information to the Consultant under this agreement ("time of disclosure"); (ii) to have been in the public domain prior to the time of disclosure; or (iii) to have become part of the public domain after the Time of Disclosure by a publication or by any other means except an unauthorized act or omission or breach of this agreement on the part of the Consultant. 7.2 No Disclosure of Confidential Information by the Consultant. The Consultant acknowledges that it shall, in performing the services for the Village under this agreement, have access to or be directly or indirectly exposed to confidential information. To the extent allowed by law, he Consultant shall hold confidential all confidential information and shall not disclose or use such Confidential Information without express prior written consent of the Village. The Consultant shall use reasonable measures at least as strict as those the Consultant uses to protect its own confidential information. Such measures shall include, without limitation, requiring employees and subcontractors of the Consultant to execute a non -disclosure agreement before obtaining access to confidential information. 7 Attachment 4 Issued: May 9, 2016 EXHIBIT "A" 7.3 Illinois Freedom of Information Act (FOIA). FOIA applies to public records in the possession of a party with whom the Village has contracted. The Village will have only a very short period of time from receipt of a FOIA request to comply with the request, and there is a significant amount of work required to process a request including collating and reviewing the information. Consultant will comply with all requests made by the Village for public records (as that term is defined by Section 2(c) of FOIA) in the Consultant's possession and will provide the requested public records to the Village within two (2) business days of the request being made by the Village. The undersigned agrees to indemnify and hold harmless the Village from all claims, costs, penalty, losses and injuries (including but not limited to, attorney's fees, other professional fees, court costs and/or arbitration or other dispute resolution costs) arising out of or relating to its failure to provide the public records to the Village under this agreement. 7.4 GIS Data. The Village has developed digital map information through Geographic Information Systems Technology ("GIS Data") concerning the real property located within the Village. If necessary to the performance of the services and if requested to do so by the Consultant, the Village may supply the Consultant with access to the GIS data. In such case the Consultant agrees as follows: A. Limited Access to and use of GIS data. The GIS data provided by a Village shall be limited to the scope of the work that the Consultant is to provide for that Village, and the Consultant shall limit its use of the GIS data to its intended purpose of furtherance of the work; and B. Trade Secrets of the village. The GIS data constitutes proprietary materials and trade secrets of that Village and, shall remain the property of that Village; C. Consent of Village Required. The Consultant will not provide or make available the GIS Data in any form to anyone without the prior written consent of the Village Administrator; D. Supply to village. At the request of a Village, the consultant shall supply that Village with any and all information that may have been developed by the Consultant based on the GIS data; E. No Guarantee of Accuracy. The Village make no guarantee as to the accuracy, completeness, or suitability of the GIS data in regard to the Consultant's intended use thereof; and F. Discontinuation of Use. At such time as the Services have been completed to the satisfaction of the Village, the Consultant shall cease its use of the GIS data for any purpose whatsoever; and, upon request, an authorized representative of the Village shall be afforded sufficient access to the Consultant's premises and data processing equipment to verify that all use of the GIS data has been discontinued. 8 Attachment 4 Issued: May 9, 2016 EXHIBIT "A" 7.5 Ownership. Designs, drawings, plans, specifications, photos, reports, information, observations, calculations, notes, and any other documents, data, or information, in any form, prepared, collected, or received by the Consultant in connection with any or all of the services to be performed under this agreement ("documents") shall be and remain the exclusive property of the Village. At the Village's request, or upon termination of this Agreement, the Consultant shall cause the documents to be promptly delivered to the Village. 7.6 News Releases. The Consultant shall not issue any news releases or other public statements regarding the Services without prior approval from the Village Administrator. 8 COMPLIANCE WITH LAWS AND GRANTS 8.1 General Compliance. Consultant shall give all notices, pay all fees, and take all other action that may be necessary to ensure that the services are provided, performed, and completed in accordance with all required governmental permits, licenses, or other approvals and authorizations that may be required in connection with providing, performing, and completing the services, and with all applicable statutes, ordinances, rules, and regulations, including without limitation the Fair Labor Standards Act; any statutes regarding qualification to do business; any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited classification, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq. Consultant shall be solely liable for any fines or civil penalties that are imposed by any governmental or quasi -governmental agency or body that may arise, or be alleged to have arisen, out of or in connection with Consultant's, or its subcontractors' performance of, or failure to perform, the services or any part thereof. Every provision of law required by law to be inserted into this agreement shall be deemed to be inserted herein. 8.2 Grant Compliance. Consultant shall also comply with all conditions of any federal, state, or local grant received by the Village or consultant with respect to this agreement or the services. 8.3 Sexual Harassment Policy. The Consultant certifies that it has a written sexual harassment policy in full compliance with Section 2-105(A)(4) of the Illinois Human Rights Act, 775 ILCS 5/2-105(A)(4). 9 Attachment 4 Issued: May 9, 2016 EXHIBIT "A" 8.4 Patriot Act Compliance. The Consultant represents and warrants that neither it nor any of its principals, shareholders, members, partners, or affiliates, as applicable, is a person or entity named as a Specially Designated National and Blocked Person (as defined in Presidential Executive Order 13224) and that it is not acting, directly or indirectly, for or on behalf of a Specially Designated National and Blocked Person. The Consultant further represents and warrants that the Consultant and its principals, shareholders, members, partners, or affiliates, as applicable, are not, directly or indirectly, engaged in, and are not facilitating, the transactions contemplated by this agreement on behalf of any person or entity named as a Specially Designated National and Blocked Person. The Consultant hereby agrees to defend, indemnify and hold harmless the Village, its respective corporate authorities, and elected or appointed officials, officers, employees, agents, representatives, engineers, volunteers, and attorneys, from and against any and all claims, damages, losses, risks, liabilities, and expenses (including reasonable attorneys' fees and costs) arising from or related to any breach of the representations and warranties in this subsection. 8.5 Equal Employment Opportunity Compliance. During the performance of this agreement, Consultant as follows: A. That it will not discriminate against any employee or applicant for employment on the basis of race, age, marital status, color, religion, sex, sexual orientation, physical or mental handicap unrelated to ability, national origin or ancestry or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minorities or women are underutilized and shall take appropriate affirmative action to rectify any such underutilization. B. That, if it hires additional employees in order to perform the services or any portion hereof, it shall determine the availability (in accordance with the Department's rules) of minorities and women in the area(s) from which they may reasonably recruit, and it will hire for each applicable job classification for which employees are hired in such manner that minorities and women are not underutilized. C. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination based on race, color, religion, sex, sexual orientation, national origin or ancestry, marital status, age physical or mental handicap unrelated to ability or an unfavorable discharge from the military. D. That it shall submit reports as required by the Department's Rules and furnish all relevant information as may from time to time be requested by the Department or the Village, and in all respects comply with the Illinois Human Rights Act and the Department's Rules. E. That it shall permit access to all relevant books, records, accounts and work sites by personnel of the Department and the Village for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules. 10 Attachment 4 Issued: May 9, 2016 EXHIBIT "A" F. That it shall include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this agreement, the Consultant will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the Department or the Village in the event any subcontractor fails or refuses to comply therewith. In addition, no Consultant shall utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. G. If the Consultant has not complied with all provisions of the Illinois Human Rights Act, or the Rules and Regulations of the Illinois Department of Human Rights "Department", the Consultant may be declared ineligible for future contracts or subcontracts with the Village and this agreement may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. 9 DEFAULT AND DISPUTE RESOLUTION 9.1 Default. If it should appear at any time that the consultant has failed, refused or delayed to perform, the services any other requirement of this agreement with diligence at a rate that assures completion of the services and full compliance of this agreement, ("event of default"), and fails to cure any such event of default within ten business days after the Consultant's receipt of written notice of such event of default from the Village, then the Village shall have the right, without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies: A. Cure by Consultant. The Village may require the Consultant, within a reasonable time, to complete or correct all or any part of the services that are the subject of the event of default; and to take any or all other action necessary to bring the Consultant and the services into compliance with this agreement. B. Termination of Agreement by Village. The Village may terminate this agreement without liability for further payment of amounts due or to become due under this agreement. C. Withholding of Payment by Village. The Village may withhold from any payment, whether or not previously approved, or may recover from the Consultant, any and all costs, including attorneys' fees and administrative expenses, incurred by the Village as the result of any event of default by the Consultant or as a result of actions taken by the Village in response to any event of default by the Consultant. 11 Attachment 4 Issued: May 9, 2016 EXHIBIT "A" 9.2 Dispute Resolution. Any dispute related to this Agreement shall, upon request by either party, be submitted to a panel consisting of at least one representative of each party who shall have the authority to enter into an agreement to resolve the dispute. In the event that the panel is unable to reach a mutual resolution of the dispute, or has failed to convene within two weeks of the request of either party, either party may refer the matter to a court of appropriate jurisdiction. All communications between the parties or their representatives in connection with the attempted resolution of any dispute shall be confidential and deemed to have been delivered in furtherance of dispute settlement and shall be exempt from discovery and production, and shall not be admissible in evidence whether as an admission or otherwise, in any arbitration, judicial or other proceeding for the resolution of the dispute. 9.3 During and dispute resolution period, or if litigation ensues, pending any final judicial decision or settlement, Consultant shall proceed diligently with the services. 9.4 General Provisions Notice. A. Any notice or communication required or permitted to be given under this Agreement shall be in writing and shall be delivered (i) personally to an authorized representative of the party; (ii) by certified mail addressed to the contact person listed in Section 1 of this agreement, return receipt requested, and deposited in the U.S. Mail, postage prepaid; (iii) by facsimile to a number provided by the contact person listed in Section 1 of this agreement, and deposited in the U.S. Mail, postage prepaid the recipient; or (iv) by electronic internet mail ("e-mail") addressed to the contact person listed in Section 1 of this agreement, and deposited in the U.S. Mail, postage prepaid. B. Unless otherwise expressly provided in this Agreement, notices shall be deemed received upon the earlier of actual receipt or three business days following deposit in the U.S. mail. C. By notice complying with the requirements of this Subsection, each Party shall have the right to change the address or the addressee, or both, for all future notices and communications to such party, but no notice of a change of addressee or address shall be effective until actually received. Notices and communications to the Village shall be addressed to the party listed in section 1 of this agreement. 9.5 Assignment. This Agreement may not be assigned by the Village or by the Consultant without the prior written consent of the other party. 9.6 Third Party Beneficiary. No claim as a third party beneficiary under this agreement by any person, firm, or corporation other than the Consultant shall be made or be valid against the Village. 9.7 Provisions Severable. If any term, covenant, condition, or provision of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 12 Attachment 4 Issued: May 9, 2016 EXHIBIT "A" 9.8 Time. Time is of the essence in the performance of this Agreement. 9.9 Governing Laws. This agreement shall be interpreted according to the laws of the State of Illinois. 9.10 Binding Effect. The terms of this agreement shall bind and inure to the benefit of the Parties hereto and their agents, successors, and assigns. 9.11 Entire Agreement. This agreement constitutes the entire agreement between the parties and supersedes any and all previous or contemporaneous oral or written agreements and negotiations between either of the VILLAGE and the CONSULTANT with respect to the Proposal and the Services. 9.12 Waiver. No waiver of any provision of this agreement t shall be deemed to or constitute a waiver of any other provision of this agreement (whether or not similar) nor shall any such waiver be deemed to or constitute a continuing waiver unless otherwise expressly provided in this Agreement. 9.13 Remedies. No remedies or rights conferred upon VILLAGE by this agreement are intended to be exclusive of any remedy or right provided by law or equity, but each shall be cumulative and shall be in addition to every other remedy or right given herein or now or hereafter existing at law or in equity. 9.14 Survival of Terms. Articles on Indemnity, Confidential Information and Rights in Data shall survive termination of this agreement. 9.15 Severability. The invalidity or unenforceability of any particular provision of this agreement shall not affect the other provisions, and this agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. 9.16 Exhibit. Exhibits A and B are attached hereto, and by this reference incorporated in and made a part of this agreement. In the event of a conflict between the Exhibit and the text of this agreement, the text of this agreement shall control. 9.17 Rights Cumulative. Unless expressly provided to the contrary in this agreement, each and every one of the rights, remedies, and benefits provided by this agreement shall be cumulative and shall not be exclusive of any other such rights, remedies, and benefits allowed by law. 9.18 Counterpart Execution. This agreement may be executed in several counterparts, each of which, when executed, shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 13 Attachment 4 Issued: May 9, 2016 EXHIBIT "A" VILLAGE OF MORTON GROVE By: Ralph E. Czerwinski, Village Administrator Christopher B. Burke Engineering Ltd. By: Michael E. Kerr, PE, its Executive Vice President 14 Attachment 4 Issued: May 9, 2016 EXHIBIT "A" Exhibit A Proposal of Christopher B. Burke Engineering Ltd. (CBBEL) June 1, 2016 SCOPE OF SERVICES Task 1 - Plat of Highway (IDOT Standards) Task 1.1 - Reconnaissance: CBBEL will field recon the project area in an attempt to discover sufficient right-of-way, property line and Section\Quarter line evidence within the project limits. Research will be performed at the Cook County Recorder's office to obtain record information to aid in the recovery of the above mentioned right-of-way, property lines and Section\Quarter lines. (It is anticipated that The Village of Morton Grove will provide current title commitments for each of the 7 properties affected by the proposed right-of-way takes and easements for this project). Task 1.2 - Parcel Surveys: CBBEL will field locate all property and section\ quarter line ev• idence discovered during Task 1.1. CBBEL will also locate the existing buildings within the parcels affected by the proposed right-of-way takes and easements as required for Task 1.4. Task 1.3 - Parcel Calculations: Utilizing the information and physical evidence found in Task 1.1 and 1.2, CBBEL will compute the location of the existing right-of-way, property lines and Section\Quarter lines along with the proposed right-of-way take and easement lines for this project. Task 1.4 - Drafting of the "Plat of Highway": CBBEL will compile all the information gathered in Task 1.1 thru 1.3 on the "Plat of Highway" in a format suitable for submittal to and approval by The Village of Morton Grove & IDOT. Task 1.5 - Prepare Written Legal Description: CBBEL will prepare written legal descriptions of all permanent right-of-way takes and temporary easements suitable for submittal to and approval by The Village of Morton Grove & IDOT. Task 1.6 Proposed Right -of -Way Staking: CBBEL will set permanent markers (5\8" Rebar's, Magnetic Nails, Cross Cuts, etc.) at the corners of the proposed right-of-way takes acquired and shown on the plat of highway drafted in Task 1.4. CLIENT RESPONSIBILITIES • Forward copies of any previous surveys. • Supply current Title Report with copies of Supporting Record Documents. • Supply access to site for CBBEL field staff. • Provide CADD/Microstation file of proposed Right-of-Way/Easements and approved stationing. 15 Attachment 4 Issued: May 9, 2016 EXHIBIT "A" SCHEDULE Task Date (2016) Notice to Proceed June 14 Project Coordination June 14 to June 17 Field Survey and Research (Task 1.1 and 1.2) June 20 to July 1 Calculations and Analysis (Task 1.3) July 5 to July 12 CADD Drafting (Task 1.4) July 12 to July 19 Legal Description and Review (Task 1.5) July 19 to July 22 Preliminary Submittal to Morton Grove and IDOT July 26 Final Submittal January 18, 2017 Proposed Right -of -Way Staking (Task 1.6) April 1, 2017 FEE ESTIMATE See Page 17 16 Attachment 4 Issued: May 9, 2016 Village of Morton Grove Plat of Highway / Austin Avenue Detailed Cwt Breakdown June 6.2016 EXHIBIT "A" NOT TO EXCEED • FEE SUMMARY E100.00 17 SEM Direct Costs (Record Piet copy @ 435 nob sod Recn.a man."' Copy 6 E5 nen) Tett Coat 6250.60 526.500.00 EXHIBIT "A" EXHIBIT B INSURANCE COVERAGES A. Worker's Compensation and Employer's Liability with limits not less than: (1) Worker's Compensation: Statutory; (2) Employer's Liability: $500,000 injury -per occurrence $500,000 disease -per employee $500,000 disease -policy limit Such insurance shall evidence that coverage applies in the State of Illinois. B. Comprehensive Motor Vehicle Liability with a combined single limit of liability for bodily injury and property damage of not less than $1,000,000 for vehicles owned, non -owned, or rented. All CONSULTANT employees shall be included as insureds. C. Comprehensive General Liability with coverage written on an "occurrence" basis and with limits no less than: $2,000,000 Bodily Injury and Property Damage Combined Single Limit Coverage is to be written on an `occurrence" bases. Coverages shall include: - Broad Form Property Damage Endorsement - Blanket Contractual Liability (must expressly cover the indemnity provisions of the Contract) D. Professional Liability Insurance. With a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate and covering CONSULTANT against all sums that CONSULTANT may be obligated to pay on account of any liability arising out of the Contract. E. Umbrella Policy. The required coverages may be in any combination of primary, excess, and umbrella policies. Any excess or umbrella policy must provide excess coverage over underlying insurance on a following -form basis such that when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover such loss. F. VILLAGE as Additional Insured. The VILLAGE shall be named as an Additional Insured on all policies except for: Worker's Compensation and Professional Liability. Each such additional Insured endorsement shall identify the VILLAGE as follows: Village of Morton Grove, including its Board members and elected and appointed officials, its officers, employees, agents, attorneys, CONSULTANTs, and representatives 18 Attachment 4 Issued: May 9, 2016 Legislative Summary Resolution 16-40 AUTHORIZING DESIGN IMPROVEMENTS AT THE INTERSECTION OF THEOBALD ROAD, MANGO AVENUE AND SOUTH PARK AVENUE Introduced: 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: June 13, 2016 To design improvements to Theobald, Mango and South Park that will improve the movements of vehicles and make a shorter crossing for pedestrians. This intersection improvement is part of the 2016 Street Improvement Program. The condition of Theobald Road has deteriorated and needs to be resurfaced. Village staff routinely considers whether a street or intersection meets the current and future needs whenever construction improvements are planned. The layout of the intersection of Theobald, Mango and South Park imposes challenges upon drivers and pedestrians. While, to date there is no notable history of collisions, the wide pavement makes it difficult to anticipate the movements of other vehicles and pedestrians navigating through the intersection in order to avoid collisions. The current long crossings for pedestrians are not desirable because a pedestrian is in the collision path of a vehicle for a time longer than at most intersections. Village staff proposed changes to the layout of the intersection (see attached Exhibits 1-3). These options were presented at a Neighborhood Information Meeting on April 21, 2016. The 10 residents at the meeting supported the improvements and the majority preferred the option shown in Exhibit 3. The options and written comments from residents were presented to the Traffic Safety Commission (TSC) at their meeting on May 5, 2016. The TSC recommended supporting improvements proposed on attached Exhibit 2 which they consider to be the overall most appropriate alternate. Public Works. The estimated increment cost to make the changes in excess of ordinary resurfacing is $50,000. Capital Projects: A/C #305060-553300 Street Improvements The Public Works Department, as part of their normal work activities will perform the management and implementation of the program. Approval as presented. N/A None Chris Tomich, Village Engineer Reviewed by: age Administrator Reviewed by: rector Public Works Teresa s '—*+n Liston, Corporation Counsel RESOLUTION 16-40 AUTHORIZING DESIGN IMPROVEMENTS AT THE INTERSECTION OF THEOBALD ROAD, MANGO AVENUE AND SOUTH PARK AVENUE 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 Theobald Road has deteriorated and needs to be resurfaced; and WHEREAS, Village staff routinely considers whether a street or intersection meets the current and future needs whenever construction improvements are planned; and WHEREAS, the intersection of Theobald, Mango and South Park has an unusual layout that imposes challenges upon drivers and pedestrians; and WHEREAS, to date there is no notable history of collisions, but the wide pavement makes it difficult to anticipate the movements of other vehicles and pedestrians navigating through the intersection in order to avoid collisions; and WHEREAS, the long crossing for pedestrians is not desirable because a pedestrian is in the collision path of a vehicle for a time longer than at most intersections; and WHEREAS, Village staff proposed conceptual changes to the layout of the intersection illustrated in Exhibit 1 titled "Do Nothing Option", Exhibit 2 titled "Curb Bumpout Option", and Exhibit 3 titled "Median Island Option"; and WHEREAS, approximately ten residents attended a Neighborhood Information Meeting on April 21, 2016, where these conceptual options were presented; and WHEREAS, the 10 residents at the meeting supported the improvements and the majority preferred the conceptual option shown in Exhibit 3; and WHEREAS, the options and written comments from residents were presented to the Traffic Safety Commission (TSC) at their meeting on May 5, 2016; and WHEREAS, the Traffic Safety Commission recommended to support improvements proposed on Exhibit 2, which seems to be the overall most desirable option; and WHEREAS, Village staff estimates the incremental cost for constructing the proposed improvements beyond ordinary resurfacing costs to be approximately $50,000; and WHEREAS, Village staff considers the proposed improvements to be practical and worth the financial investment. 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 desire to make the proposed improvements at the intersection of Theobald Road, Mango Avenue, and South Park Avenue that will improve the movements of vehicles and make a shorter crossing for pedestrians. SECTION 3: The Corporate Authorities hereby direct the Village Engineer to design improvements that conform to the concept illustrated in Exhibit 2 titled "Curb Bumpouts Option" as part of the 2016 Street Improvement Program. SECTION 4: This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 13`h DAY OF JUNE 2016 Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED BY ME THIS 13th DAY OF JUNE 2016 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 14th DAY OF JUNE 2016 Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois EXHIBIT 4 MORTON GROVE Incrcdibh (lost ti Amazingh Open April 21, 2016 Neighborhood Information Meeting Proposed Improvements at Theobald, Mango & South Park I support the proposed changes at the intersection of Theobald, Mango and South Park. 0 I prefer the Curb Bumpouts Alternative. I prefer the Median Island Alternative. 0 I support keeping the intersection of Theobald, Mango and South Park as it currently is today. A) itional Comments (use reverse side if necessary): r MORTON GROVE Incredibly Clout 4 Amazingly Open April 21, 2016 Neighborhood Information Meeting Proposed Improvements at Theobald, Mango & South Park I support the proposed changes at the intersection of Theobald, Mango and South Park. I prefer the Curb Bumpouts Alternative. I prefer the Median Island Alternative. CD I support keeping the intersection of Theobald, Mango and South Park as it currently is today. �/ Additional Comments (use reverse side if necessary): { .(V'it& � 9e v+1)�y 07 'flt c'ieac h 5frio 1 c4 4— ui`(►1 n' imbcfiva EXHIBIT 4 MORTON, GROVE Incredibly Clow 4 Amazing!) Open April 21, 2016 Neighborhood Information Meeting Proposed Improvements at Theobald, Mango & South Park I support the proposed changes at the intersection of Theobald, Mango and South Park. 0 I prefer the Curb Bumpouts Alternative. I prefer the Median Island Alternative. I support keeping the intersection of Theobald, Mango and 0 South Park as it currently is today. Additional Comments (use reverse side if necessary): 1t&t.c ,Q o, 1A,)..Q Q C /WAS_' c n . A t l 4RAI.o c -i (VI. .t- unmet b. Le +t"t.udi\ EXHIBIT 4 MORTONGROVE Incrcdibb Clos< " Anmzingb Open April 21, 2016 Neighborhood Information Meeting Proposed Improvements at Theobald, Mango & South Park 0 I support the proposed changes at the intersection of Theobald, Mango and South Park. e I prefer the Curb Bumpouts Alternative. 0 I prefer the Median Island Alternative. CD I support keeping the intersection of Theobald, Mango and South Park as it currently is today. Additional Comments (use reverse side if necessary): £ A / 11 J*' telcrefii Ia_ .�h Ac444 irore be eapixt nay ,w neo t15 *i r ti t\ScIAA ti /oil") 4Q r EXHIBIT 4 rlws P7a( -061 ; &bib S1P: c.ea2 MORTON GROVE sit Incredibly Close k Arnozingh Open April 21, 2016 Neighborhood Information Meeting Proposed Improvements at Theobald, Mango & South Park I support the proposed changes at the intersection of Theobald, Mango and South Park. Q I prefer the Curb Bumpouts Alternative. I prefer the Median Island Alternative. I support keeping the intersection of Theobald, Mango and South Park as it currently is today. Additional Comments (use reverse side if necessary). 61.c if L -C Cec- 0 .-57 too xOt)-kf\ Qct (\c ,„ h. MORTONIGROVE Incredibly Close . Ama¢ingly Open April 21, 2016 Neighborhood Information Meeting Proposed Improvements at Theobald, Mango & South Park I support the proposed changes at the intersection of Theobald, Mango and South Park. CD I prefer the Curb Bumpouts Alternative. CD I prefer the Median Island Alternative. I support keeping the intersection of Theobald, Mango and South Park as it currently is today. Additional Comments (use reverse��side if necessary): J Ui ttJ". U. 9flJ r.. C ` i t'i Sjw tgC.-rat -L . is i A1C t "kSne� s--i''•,g„�Cr� in\no w.m s g _ Legislative Summary Resolution 16-41 AUTHORIZING A CONTRACT FOR A POWER SUPPLY AGREEMENT FOR THE PURCHASE OF ELECTRICITY AND OTHER RELATED SERVICES Introduced: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: June 13,2016 The operation of an electrical aggregation program has reduced the cost of electricity for residents and small business owners. This Resolution will authorize the Village Administrator to enter into a contract to purchase electricity pursuant to an electrical aggregation program. Pursuant to Ordinance 12-12, the Village is authorized to operate an electric power aggregation program in accordance with 1-92 of the Illinois Power Agency Act. The purpose of this program is to provide cost savings to Village residents. This program includes an opt -out provision for residential and small commercial retail customers. The Village's current supplier's contract (Dynegy Energy Services, LLC) expires in September 2016. The Village's electrical aggregation consultant, Northern Illinois Municipal Electric Collaborative (NIMEC), whose current membership list includes 149 municipal members will assist the Village in determining the most cost effective supplier based on market pricing at the time final bids are recived. Administration, Finance, Public Works and Corporation Counsel While there is no guarantee as to the amount of savings, it is anticipated residents and small businesses will see a cost savings, either through a third party supplier or returning to the purchase of power from Com -Ed. N/A Medium, management of contract Approval as presented. Not required N/A Respectfully submitted: Ralph E. Prepared by: A De Monte, Director of Public Works Reviewed by: Teresa Hoffman L A' Ilf 1.4._ . .rp Cron Counsel RESOLUTION 16-41 AUTHORIZING A CONTRACT FOR A POWER SUPPLY AGREEMENT FOR THE PURCHASE OF ELECTRICITY AND OTHER RELATED SERVICES WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule government under the provision 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, pursuant to section 1-92 of the Illinois Power Agency Act, the Village may operate an Aggregation Program as an opt -out program for residential and small commercial retail customers since a referendum was passed by a majority vote of the residents pursuant to the Act's requirements; and WHEREAS, the Village submitted that question in a referendum on March 20, 2012, and a majority of the electors did vote on the question in the affirmative; and WHEREAS, the Corporate Authorities hereby find it is in the best interest of the Village to continue to operate the Aggregation Program under the Act as an opt -out program; and WHEREAS, pursuant to Ordinance 12-12, the Village opted and approved an electric power aggregation plan of operation and governance; and WHEREAS, the Village's current contract with Dynegy Energy Seryices, LLC., for the purchase of power ends September 2016; and WHEREAS, the Village is working with its consultant, Northem Illinois Municipal Electric Collaborative (NIMEC), who's current membership list includes 149 municipal members as shown in attachment "A" will conduct a Request for Qualifications (RFQ) and a joint power supply bid process in order to identify the lowest market pricing; and WHEREAS, the Corporate Authorities find it can be in the best interest of the Village to enter into a new contract with a supplier to provide the full -requirements electricity supply services and program implementation services to all eligible customers who choose not to opt -out of the program. However, the finale decision will be based on market pricing with the Village retaining the option of continuing to purchase electricity through a third party electrical supplier or returning all participants back to Commonwealth Edison. NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing whereas clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Corporate Authorities hereby grant the Village Administrator and/or his designee the specific authority to execute a contract with the electrical supplier deemed the most cost effective for the residents of Morton Grove as determined by the Village's Electrical Consultant without further action by the Corporate Authorities. SECTION 3: This resolution shall be in full force and effect upon it passage and approval. PASSED this 13th day of June 2016. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 13th day of June 2016. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 14th day of June 2016. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois N1 Village of Arlington Heights* Village of Barrington* Village of Beach Park Village of Beecher City of Belvidere* Township of Belvidere* Village of Bensenvillle* Village of Bourbonnais* Village of Bradley* City of Braidwood Village of Brookfield* Village of Buffalo Grove* Village of Burr Ridge City of Calumet City Village of Carol Stream* City of Carpentersville Village of Cary* Village of Channahon City of Chicago Heights* Village of Clarendon Hills* City of Coal City City of Countryside* City of Crest Hill* Village of Crete City of Crystal Lake* City of Darien* Village of Deer Park* Village of Deerfield DeKalb Sanitary District City of Dixon City of Dwight* Village of Elburn* Elk Grove Village City of Elmhurst* Village of Elwood Village of Flossmoor* Village of Fox Lake* Village of Fox River Grove* Village of Franklin Park Village of Gardner Village of Gilberts* Village of Glen Ellyn* Village of Glencoe Village of Glendale Heights* Village of Glenview Village of Glenwood* Village of Grant Park* Village of Gurnee Village of Hampshire* Village of Harwood Heights* C Membership List Village of Hanover Park* City of Harvard* Village of Hawthorn Woods* Village of Herscher* Village of Hazel Crest City of Highland Park Village of Hinsdale* Village of Hoffman Estates* Village of Homewood Village of Island Lake* Village of Inverness* Village of Itasca* Village of Justice* City of Kankakee* Kane County* Kankakee County* Lake in Hills Sanitary Village of La Grange Village of La Grange Park* Village of Lake Barrington* Village of Lake Zurich* Village of Lansing* Village of LaSalle Village of Libertyville* Village of Lincolnshire* Village of Lisle* Village of Lombard* Village of Long Grove* Village of Lindenhurst Village of Manhattan* City of Marengo Maine Township* Village of Manteno* City of Mendota City of Minonk City of Minooka Village of Mokena* City of Momence* Village of Montgomery* City of Morris* Village of Morton Grove* Village of Mount Prospect* Village of Mundelein* Village of New Lenox* Village of Norridge* Village of North Aurora* City of Northlake City of North Chicago* City of Oak Forest* Village of Olympia Fields* Orland Township* Village of Orland Park* Village of Oswego* Palatine Township* Village of Palatine* City of Palos Hills* City of Palos Heights* Village of Palos Park* Village of Park Forest* City of Park Ridge Village of Pecatonica Village of Peotone Village of Pingree Grove* Village of Plainfield City of Pontiac Village of Prairie Grove* City of Richton Park Village of River Grove* Village of Riverside* Village of Round Lake Village of Round Lake Bch* Village of Round Lake Park* Village of Romeoville Village of Schiller Park* Village of Shorewood Village of South Barrington* Village of South Chicago Hts* Village of South Elgin* Village of South Holland* Village of Streamwood Village of Sugar Grove* City of Sycamore* Village of Tinley Park* Village of Vernon Hills* Village of Villa Park* Warren Township* City of Warrenville* Village of Wauconda City of West Chicago* Village of West Dundee* Village of Westchester* City of Wheaton Village of Wheeling* Village of Wilmette City of Wilmington City of Wood Dale* Village of Woodridge Village of Worth United City of Yorkville* City of Zion* *Municipal Aggregation Program h✓E E C BANDING TOGETHER TO DRIVE DOWN PRICING Legislative Summary ORDINANCE 16-14 AN ORDINANCE ESTABLISHING THE PREVAILING RATE OF WAGES FOR LABORERS, MECHANICS AND OTHER WORKERS IN THE VILLAGE OF MORTON GROVE EMPLOYED IN PERFORMING CONSTRUCTION OF PUBLIC WORKS FOR THE VILLAGE Introduced Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: Administrator Approval June 13, 2016 To comply with the requirements of the Illinois Prevailing Wage Act, 820 ILCS 130 et seq. whereby the Village establishes the prevailing wages for public works projects. The Illinois Prevailing Wage Act requires a contractor and subcontractor to pay laborers, workers and mechanics employed on public works projects, no less than the general prevailing rate of wages as established by the Village. "Public Works" are defined by the Act to mean all fixed works constructed by any public body, or paid for wholly or in part out of public funds. Each year during the month of June, the Act requires the Village to investigate and ascertain the prevailing rate of wages. This ordinance adopts the prevailing wage rates established by the Illinois Department of Labor for Cook County, Illinois as the prevailing wage rates for public works projects in Morton Grove. These rates are determined by the Illinois Department of Labor and will be posted at www.illinois.gov/idol on or about July 1, 2016. Upon passage of this Ordinance, the Act further requires the Village to post these rates or make them available for inspection by any interested party; file a certified copy of the Ordinance with the Illinois Department of Labor; and publish a notice of these rates in a newspaper of general circulation within the Village. Administration and Legal Departments Not applicable. Not applicable. The implementation of this ordinance will be performed by Corporation Counsel. Approval as presented. A request to waive the second reading is requested so the submission to the Illinois Department of Labor can be done in a timely fashion None Administrator Prepared by: Teresa flo on, Corporation Counsel ORDINANCE 16-14 ESTABLISHING THE PREVAILING RATE OF WAGES FOR LABORERS, MECHANICS AND OTHER WORKERS IN THE LOCALITY OF THE VILLAGE OF MORTON GROVE EMPLOYED IN PERFORMING CONSTRUCTION OF PUBLIC WORKS FOR THE VILLAGE WHEREAS, the Village of Morton Grove ("Village"), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article VII, Section 6 of the 1970; and WHEREAS, the State of Illinois has enacted "An Act regulating wages of laborers, mechanics and other workers employed in any public works by the State, County, City or any public body or any political subdivision or by anyone under contract for public works", approved June 26, 1941, as amended, being Chapter 820 ILCS 130/1-12, Illinois Compiled Statues; and WHEREAS, the aforesaid Act requires the Village of Morton Grove investigate and ascertain the prevailing rate of wages as defined in said Act for laborers, mechanics and other workers in the locality of the Village of Morton Grove employed in performing construction of public works, for the Village; and NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance. as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: To the extent and as required by "An Act regulating wages of laborers, mechanics and other workers employed in any public works by the state, county, city or any public body or any political subdivision or by anyone under contract for public works", the general prevailing rate of wages in this locality for laborers, mechanics and other workers engaged in the construction of public works coming under the jurisdiction of the Village of Morton Grove is hereby ascertained to be the same as the prevailing rate of wages for construction work in the Cook County area as determined by the Department of Labor of the State of Illinois for June 2016 which will be posted on the Department of Labor's website as of July 1, 2016. The definition of any terms appearing in this Ordinance which are also used in the aforesaid Act shall be the same as in said Act. SECTION 3: Nothing herein shall be construed to apply said general prevailing rate of wages as herein ascertained to any work or employment except public works of the Village of Morton Grove to the extent required by the aforesaid Act. SECTION 4: The Village of Morton Grove shall publicly post or keep available for inspection by any interested party at 6101 Capulina Avenue, Morton Grove this determination of such prevailing rate of wage. SECTION 5: The Village of Morton Grove shall mail a copy of this determination to any employer, and to any association of employers and to any person or association of employees who have filed, or file their names and addresses, requesting copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates. SECTION 6: The Village of Morton Grove shall promptly file a certified copy of this Ordinance with the Department of Labor of the State of Illinois. SECTION 7: The Village Administrator shall cause a notice to be published in a newspaper of general circulation within the area the determination of prevailing wages has been made. Said notice shall conform substantially to the notice attached hereto. Such publication shall constitute notice that this is the determination of the Village of Morton Grove and is effective. SECTION 8: This Ordinance shall be in full force and effect from and after its passage and approval. PASSED THIS 13th day of June 2016. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 13th day of June 2016. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 13th day of June 2016. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois legis \ord\prevailing wage