HomeMy WebLinkAbout2019-01-28 Agenda- 1
MORTON GROVE
Incredibly Close •!‘t Amazingly Open
VILLAGE BOARD OF TRUSTEES
REGULAR MEETING NOTICE/AGENDA
TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER
SCANLON CONFERENCE ROOM
January 28, 2019
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 — January 14, 2019
8. Special Reports
9. Public Hearings
10. Residents' Comments (agenda items only)
11. President's Report —Administration, Comprehensive Plan, Council of Mayors, Northwest Municipal
Conference, Strategic Plan Committee
a. Request Confirmation of Appointment to the Special Events Commission of Andy DeMonte
b. Proclamation — Food Pantry Month — February 2019
12. Clerk's Report — Condominium Association, Strategic Plan Committee
13. Staff Reports
a. Village Administrator
1) Miscellaneous Reports and Updates
b. Corporation Counsel
14. Reports by Trustees
a. Trustee Grear — Building Department, Community and Economic Development Department,
Lehigh/Ferris TIF, Police Facility Committee, Prairie View TIF, Special Events Commission,
Traffic Safety Commission (Trustee Minx)
b. Trustee Minx — Capital Projects, Chamber of Commerce Natural Resource Commission Plan
Commission/Zoning Board, Public Works Department, Waukegan Road TIF (Trustee Grear)
1) Resolution 19-03 (Introduced January 28, 2019)
Authorizing the Participation in the Northern Illinois Municipal Electric Collaborative
(NIMEC) and Authorizing the Village Administrator to Approve a Contract for
Electricity for Village Owned Buildings and Street Lighting Infrastructure
2) Resolution 19-04 (Introduced January 28, 2019)
Authorizing the Execution of a Task Order with Ciorba Group, Inc. for an Emergency
Water Supply Improvement Project
c. Trustee Ramos —Appearance Commission, Environmental Health, IT, Legal Department
(Trustee Travis)
d. Trustee Thill — Advisory Commission on Aging, Emergency Management Agency, Family and
Senior Services Department, Fire Department, Fire Pension Board, RED Center, SWANCC
(Trustee Witko)
e. Trustee Travis — Community Relations Commission, Dempster Street Corridor Plan, Finance
Advisory Commission, Finance Department (Trustee Ramos)
1) Resolution 19-05 (Introduced January 28, 2019)
Authorizing the Execution of a Contract with Lauterbach & Amen, LLP for Actuarial
Services for the Village's Police, Fire, and Municipal Retirement Funds
f. Trustee Witko — Economic Development Commission, Farmers' Market, Fire and Police
Commission, NIPSTA, Police Department, Police Pension Board, Water Comm. (Trustee Thill)
15. Other Business
16. Presentation of Warrants - $1,031,021.64
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
JANUARY 14, 2019
CALL TO ORDER
I — Village President Dan DiMaria convened the Regular Meeting of the Village Board at
V. 7:00 p.m. in the Council Chambers of Village Hall and led the assemblage in the Pledge
of Allegiance.
VI. Village Clerk Eileen Harford called the roll. Present were: Trustees Bill Grear, Rita Minx,
Ed Ramos, John Thill, Connie Travis, and Janine Witko.
VII.
APPROVAL OF MINUTES
Trustee Thill moved to accept the Minutes of the Regular Board Meeting of December 10, 2018
as presented, seconded by Trustee Minx. Motion passed unanimously via voice vote.
SPECIAL REPORTS
1. Presentation of Humanitarian Service Awards to Fire Lieutenants William Paces and
Dennis Kennedy.
a. Mayor DiMaria and Fire Chief Frank Rodgers presented these awards to Lt. Paces and
Kennedy, and to their wives and children. These two men were deployed for ten days, extended
to fourteen days, to help in the relief efforts in the aftermath of Hurricane Florence. The awards
from MABIS (Mutual Aid Box Alarm System) recognize these men for their personal sacrifice and
commitment to their fellow man.
b. Mayor DiMaria congratulated Lt. Paces and Lt. Kennedy on behalf of the Board and thanked
them for their amazing efforts.
2. Swearing In Ceremony for New Police Officers Marcelo Perez and Michael Schramm
a. Fire and Police Commission Chairman Mike Simkins introduced the first of two of the Village's
newest police officers, Marcelo Perez, and provided some background information.
b. Officer Perez began his employment with the Village on January 2, 2019, and began his training
at the Suburban Law Enforcement Police Academy on January 7, 2019. He was raised in North
Riverside and graduated from Riverside -Brookfield HS in 2009. He received credits in Criminal
Justice from several colleges prior to enlisting in the US Army 173rd IBCT (Airborne), where he
was trained as a dental specialist and was promoted to Sergeant.
VIII. SPECIAL REPORTS (continued)
c. Marcelo's lifelong ambition has been to become a police officer like his father. He is the father of
two boys, ages two and four. In his spare time, he plays soccer, basketball, does CrossFit and
power lifting and enjoys traveling.
d. Marcelo introduced his parents, sister, wife, sons, and goddaughter. Joining Chairman Simkins
at the podium to congratulate Officer Perez were Police Chief Mike Simo, Mayor DiMaria,
and Police Department Trustee -liaison Witko. Chairman Simkins performed the swearing-in
ceremony, after which Marcelo's father pinned on his badge. After the ceremony, Officer Perez
was congratulated by his family, those at the podium, the Board of Trustees, and the
assemblage.
3. Next, Chairman Simkins introduced Michael Schramm, the second of the Village's two newest
police officers. He introduced Michael's parents and brother and sister, and provided some
background information.
a. Michael started his employment with the Village on January 2, 2019, and began his training
at the Suburban Law Enforcement Police Academy on January 7, 2019. He was raised in
Westmont and attended Hinsdale Central HS. He graduated from Western Illinois University in
2016 with a Bachelor's Degree in Law Enforcement & Justice Administration. His ambition, since
high school, has been to become a police officer, and he has worked at several agencies in
security and as auxiliary police. Michael is single and enjoys working out at the gym, watching
sporting events, and spending time with his family and friends.
b. Chairman Simkins performed the swearing-in ceremony, after which his mother pinned on his
badge. He was congratulated by his family, those at the podium, the Board of Trustees, and the
assemblage.
Mayor DiMaria commented, "The job these two young men have signed up for is a dangerous
one and we give them our full support."
IX. PUBLIC HEARINGS
NONE
X. RESIDENTS' COMMENTS (Agenda Items Only)
NONE
Xl. PRESIDENT'S REPORT
1. Mayor DiMaria wished everyone a happy New Year.
2. Mayor DiMaria announced that School District 67 Golf School will hold its annual International
Celebration of Cultures on Friday, January 25, 2019 from 6:30 p.m. to 8:00 p.m. at Golf Middle
School, 9401 Waukegan Road. They're celebrating 21 cultures this year, offering cultural per-
formances and delicious cultural food! He encouraged all to attend.
2
nuary 14'2019 BoardTMeetin"g'
XI. PRESIDENT'S REPORT (continued)
3. Mayor DiMaria reported that the Toys for Toys collection by the Morton Grove Police
Department was a great success. They were able to donate 16 large boxes of toys due to the
extreme generosity of the Morton Grove Community, making a lot of kids happy for the holidays!
He congratulated the Police Department and all who had contributed a new, unwrapped toy for
this initiative.
4. Mayor DiMaria also reported that the Annual Holiday Food Drive spearheaded by the
Firefighters Association of Morton Grove provided food and gifts for 70 families in need. He
thanked the Firefighters Association and all who had contributed cash or non-perishable food to
this endeavor.
XII. CLERK'S REPORT
Clerk Harford had no report.
XIII. STAFF REPORTS
A. Village Administrator:
1. Mr. Czerwinski said that it was very nice of St. Martha's and its parishioners to send a giant
thank -you card, signed by many of them, to the Village for providing streetlight banners promot-
ing the celebration of St. Martha's Centennial. The Village often provides banners of this nature
for organizations celebrating significant milestones. 2019 marks the 100th anniversary of the
founding of St. Martha Parish in Morton Grove. The parish plays and has played a strong role in
the Morton Grove community. Mr. Czerwinski said the thank -you card is very much appreciated.
As the culmination of the event draws closer, the Village will issue a proclamation.
2. On behalf of the Morton Grove Foundation, Mr. Czerwinski announced that the Queen of Hearts
had been revealed at the Queen of Hearts Raffle Drawing at Moretti's on January 9, 2019. The
jackpot had reached $9,745. The raffle will be starting with a new board on Wednesday,
January 16, 2019, at 9:00 p.m. Raffle tickets are $5 each and the new jackpot will start at
$2,000. He encouraged everyone to support the Morton Grove Foundation by participating in the
Queen of Hearts Raffle—Long Live the New Queen!
3. Mr. Czerwinski provided an update on the water project. He said that the first water flow from
Evanston officially occurred on December 27 and we are now taking 43% of our water from the
new transmission pipe (eight miles of 30" pipe), with the balance of the water coming from the
City of Chicago. The next step is the completion in April 2019 of the booster station at Church
and McDaniels in Evanston. This will help boost water pressure as the water travels from
Evanston, through Skokie, to Morton Grove and Niles. Then, in July 2019, the Nagle Avenue
Pumping Station and Standpipe, which will hold 7 million gallons of water, will be completed.
a. Mr. Czerwinski said the system is on schedule and on budget, and reflects a high-level
commitment from the Legal Department, Public Works, the Villages of Niles and Skokie, and
the City of Evanston. He congratulated all on the great progress thus far on this legacy project.
3
XIII. STAFF REPORTS (continued)
B. Corporation Counsel:
Corporation Counsel Liston had no report.
XIV. TRUSTEES' REPORTS
A. Trustee Grear:
Trustee Grear presented Resolution 19-01, Authorizing and Approving a Professional
Service Agreement Between Kane McKenna and Associates, Inc. and the Village of
Morton Grove For the Review and Analysis of a Proposed Redevelopment Project for
Property Located Within the Village of Morton Grove.
He explained that the new owners of the Prairie View Shopping Center ("Prairie View") have
proposed to redevelop the shopping center (the "Project"), but only if the Village provides
financial assistance to them. The Village will need to retain a development consultant to analyze
the Project proposed by the Developer, to assist the Village in investigating the desirability
and feasibility of utilizing Tax Increment Financing ("TIF") or other appropriate economic
development incentives for funding certain redevelopment costs related to redevelopment
of the Project, and to advise the Village as to the benefits, feasibility, considerations and
actions required to amend the Dempster/waukegan TIF to remove Prairie View and other
parcels from it.
Kane McKenna has acted as the Village's development consultant since 2015 and has
expertise, experience, and resources to assist the Village. Kane McKenna has submitted
a proposal to provide development consulting services to the Village for this Project. This
Resolution will approve that proposal. Kane McKenna's work will be billed on an hourly basis.
Estimated costs for the total Project are $39,500 to $51,000. The costs will be reimbursed
by the Developer as part of a Reimbursement Agreement.
Trustee Grear moved to approve Resolution 19-01, seconded by Trustee Minx.
1.
a.
b.
Motion passed, 6 ayes, 0 nays.
Tr. Grear
Tr. Thill
tyg
Tr. Minx
Tr. Travis
gya
Tr. Ramos
Tr. Witko
2. Trustee Grear then presented Resolution 19-02, Authorizing and Approving a
Reimbursement Agreement Between IM Kensington MG LLC and the Village of
Morton Grove for a Redevelopment Project.
He explained that IM Kensington MG LLC has purchased the Prairie View Shopping Center and
has approached the Village with a potential project to redevelop Prairie View contingent upon
financial assistance from the Village. The Village wishes to investigate the nature and amount
of public assistance that may be warranted by this Project and what may be economically and
legally feasible. In doing so, the Village expects to incur certain costs and expenses. The Village
has requested, and the Developer has agreed, to reimburse the Village for those costs and
expenses pursuant to a Reimbursement Agreement. This Resolution will approve the
Reimbursement Agreement.
a.
gys
4
Minutes'of January-14,�2019 Board Meeting'.
XIV.
A. Trustee Grear: (continued)
2. Trustee Grear moved, seconded by Trustee Ramos, to approve Resolution 19-02.
Motion passed, 6 ayes, 0 nays.
TRUSTEES' REPORTS (continued)
Tr. Grear
Tr. Thill awe
B. Trustee Minx:
Tr. Minx
Tr. Travis
Tr. Ramos acre
Tr. Witko
Trustee Minx had no report.
C. Trustee Ramos:
Trustee Ramos had no report this evening, but wished the Board and assemblage a happy new
year.
D. Trustee Thill:
Trustee Thill had no report this evening.
E. Trustee Travis:
Trustee Travis encouraged all photographers to enter the Village's Winter photo contest,
sponsored by the Community Relations Commission. The Commission is now doing quarterly
themes for the photo contests. This quarter's theme is "Doors of Morton Grove." More infor-
mation about the Winter photo contest can be found on the Village's website.
F. Trustee Witko:
Trustee Witko announced that the next Indoor Winter Farmers' Market will be on Saturday,
February 9, 2019, from 9:00 a.m. to 2:00 p.m. at the Civic Center, 6140 Dempster,
Morton Grove. She encouraged everyone to attend and support the Farmers' Market. To learn
more about becoming a "Friend of the Market," visit the MG Farmers' Market website at
http://mgfarmersmarket.com/markeffriends.
5
�4,�2019�Board=Meeting
XV.
XVI.
OTHER BUSINESS
NONE
WARRANTS
Trustee Travis presented two Warrant Registers, one for December 24, 2018, the other for
January 14, 2019.
The December 24, 2018 Warrants were in the amount of $1,158,134.95. She moved that the
Warrants be approved as presented. Trustee Grear seconded the motion.
Motion passed: 6 ayes, 0 nays.
Tr. Grear
Tr. Thill
Ayi
Tr. Minx
Tr. Travis
Lys
Tr. Ramos
Tr. Witko
Lyg
2. The January 14, 2019 Warrants were in the amount of $442,483.61. Trustee Travis moved to
approve the Warrants as presented, seconded by Trustee Minx.
Motion passed: 6 ayes, 0 nays.
Tr. Grear
Tr. Thill
kya
ayg
Tr. Minx
Tr. Travis
Ayg
XVII. RESIDENTS' COMMENTS
1.
Tr. Ramos a)(e
Tr. Witko aie,
Estelle Cooperman, a Morton Grove Library Trustee for 36 years and a resident for over 50
years, stated that she lives at Warrant Court & Keeney Court, where Lin -Mar Motors conducts
business at the end of the block. She was aware that the Plan Commission had recommended
that Lin -Mar be granted a Special Use permit for this facility, and said that she had presented a
petition at the Plan Commission hearing, signed by 31 neighbors, objecting to Lin -Mar being
there. But the Special Use permit was granted by the Board anyway. Ms. Cooperman said that
the noise, smell, fumes coming from Lin -Mar are horrible. She has pictures and other documen-
tation. Her complaint is that they should not be located in a residential area, especially at the
end of a residential street. There had been a factory at that location prior to Lin -Mar.
Ms. Cooperman said she didn't know what type of business the factory was for, but she knew
there had never been any problems with them being there. She felt strongly that Lin -Mar was
not living up to the conditions imposed by the Special Use permit, specifically the fencing and
noise abatement. She is disturbed because the residents are receiving no communication or
encouragement from the Village, in spite of the fact that the residents are doing nothing wrong!
a. Mayor DiMaria responded that the Village will follow up immediately. Village Administrator
Czerwinski said he will reach out to Lin -Mar about the noise abatement. Ms. Cooperman said
she wasn't necessarily angry at Lin -Mar, she just felt that they don't belong in a residential area.
She felt that the residents had been told that if Lin -Mar didn't adhere to the conditions of the
Special Use permit, that the permit could be revoked. But she's seen nothing in that regard.
6
inutes'of January 14'2019 Board Meeting
XVII.
RESIDENTS' COMMENTS (continued)
b. Mr. Czerwinski said that every time the Village received an email with pictures from
Ms. Cooperman, staff, often Mr. Czerwinski himself, went over to Lin -Mar. He does the follow-
up; they make the correction. He said that he travels down Oakton frequently and he repeatedly
sees things that aren't right, points them out, and Lin -Mar corrects them. He said that Lin -Mar
loves Morton Grove and would like very much to find another space in the Village. As far as
controlling vapors, Mr. Czerwinski said it's okay right now, because it's winter and Lin -Mar is
keeping the big garage doors closed, but he wants to make sure that it's okay in the summer
too, when the doors will be open. He said he is always responsive to Ms. Cooperman's emails.
c. Trustee Grear commented that Mr. Czerwinski and other Village staff members have contacted
him and Mayor DiMaria often. He felt the owners of Lin -Mar were willing to work with the Village.
He noted that the Police Department has also been there often, and assured Ms. Cooperman
that Mr. Czerwinski is not dropping the ball.
2. Ms. Violeta Nabong, who lives right next door to Lin -Mar, said she gets all the noise and fumes.
She did not feel that Lin -Mar is complying with the conditions of the Special Use permit, and said
she and her neighbors are not being notified when things have been "corrected." Mr. Czerwinski
said he would make sure that residents are informed and that problems are progressively
controlled.
3.
a.
b.
4.
Mr. Edward Odisho, also in the Lin -Mar neighborhood, said he felt this was a case of the right
type of work at the wrong location. He felt it's really an EPA problem, and felt that Lin -Mar
doesn't consider the residents at all. This is the third time they've complained. This is a Village
problem. Mr. Odisho said the Village has a magnificent reputation, so this is indeed a serious
problem.
Mayor DiMaria asked the neighbors to please continue to call him and assured them the Village
will expedite this matter.
Ms. Cooperman added that one of the members of the Plan Commission was overheard saying,
"If this project was going to be next to my house, I wouldn't have approved it." She said Lin -Mar
is definitely not adhering to what they committed to.
Hamid Bangloria, 5921 Keeney Court, invited the Board to stay at his house for 24-48 hours;
he'd provide sleeping areas and food, just so they can see how bad it is. His house on Keeney
Court is right next to Lin -Mar, and he said once they experienced it, they'd see just how bad it is.
XVIII. ADJOURNMENT
There being no further business before the Board, Trustee Minx moved to adjourn the meeting,
seconded by Trustee Thill.
Motion passed: 6 ayes, 0 nays.
Tr. Grear
Tr. Thillgyg
gyg
Tr. Minx
Tr. Travis
The meeting adjourned at 7:42 p.m.
gyg
Lyg
Tr. Ramos aya
Tr. Witko
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Mmutos of January -14, 2019;Board Meeting':
PASSED this 28th day of January, 2019.
Trustee Grear
Trustee Minx
Trustee Ramos
Trustee Thill
Trustee Travis
Trustee Witko
APPROVED by me this 28th day of January, 2019.
Daniel P. DiMaria, Village President
Board of Trustees, Morton Grove, Illinois
APPROVED and FILED in my office this 29th day of January, 2019.
Eileen Scanlon Harford, Village Clerk
Village of Morton Grove, Cook County, Illinois
Minutes by: Teresa Caesar
8
roriantation
Village of Morton Grove
WHEREAS, the Niles Township Food Pantry, a 501c-3 charitable corporation, located at 5255
Lincoln Avenue, initially started out in the basement of the Niles Township building, with a single shelf
containing miscellaneous canned goods, just in case someone was in need. It grew from there to the back
room of the Township's building with one full-time employee; and
WHEREAS, due to a growing need, in 2009 Niles Township moved and reestablished the food
pantry in their annex building at 8341 Lockwood which was the former site of a day-care facility; and
WHEREAS, after extensive remodeling in the intervening years, the food pantry now serves more
than 1,000 families a month; and
WHEREAS, in 2018, over 1,300,000 pounds of food was distributed; and
WHEREAS, a mere 44 cents can provide three meals to a hungry Niles Township resident; and
WHEREAS, the demand for emergency food assistance exists, and the demand to keep food banks
like the Niles Township Food Pantry supplied is as critical as ever; and
WHEREAS, the pantry currently has four full-time employees and approximately 30 volunteers who
donate close to 500 hours each month; and
WHEREAS, many of those volunteers are individuals who are performing conununity service, either
through a court -order, or through graduation requirements from local high school(s); and
WHEREAS, other volunteers are individuals with special needs who gain a sense of self-worth and
pride from working at the panty; and
WHEREAS, much of the food and other services provided to food -pantry clients is paid for out of the
Niles Township Food Pantry Foundation.
NOW, THEREFORE, I, Daniel P. DiMaria, Mayor of the Village of Morton Grove do hereby
proclaim the month of February 2019, as
FOOD PANTRY MONTH
in Morton Grove because it is important to educate everyone and bring awareness for those who are hungry.
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 19-03
AUTHORIZING THE PARTICIPATION IN THE NORTHFRN ILLINOIS MUNICIPAL
ELECTRIC COLLABORATIVE (NIMEC) AND AUTHORIZING THE VILLAGE
ADMINISTRATOR TO APPROVE A CONTRACT FOR ELECTRICITY FOR VILLAGE OWNED
BUILDINGS AND STREET LIGHTING INFRASTRUCTURE
Introduced: January 28, 2019
Purpose:
To authorize the Village to participate in the Northern Illinois Municipal Electric Collaborative (NIMEC) as
the Village's non-exclusive energy broker to search the open market and find electricity at a lower rate than
the Commonwealth Edison rate for residential and commercial retail customers and to authorize a contract
for the purchase of electricity for Village owned buildings and street lighting.
Background: Since Illinois deregulated the purchase of electricity in 2007, electricity suppliers have been able to compete
against Commonwealth Edison for the purchase of electricity. Commonwealth Edison no longer offers a
fixed energy rate for large or medium sized commercial accounts. In 2017, in order to secure a fixed rate for
electricity for municipal building and street lighting infrastructure, the Village evaluated qualified electrical
energy brokers and selected Northern Illinois Municipal Electric Collaborative (NIMEC) to serve as its
electrical energy broker. NIMEC has represented over 170 member municipalities, park districts, water
districts and libraries in the northern Illinois, and the Village has worked with NIMEC since 2008.
Village staff has recommended the Village continue to use NIMEC as its electrical energy broker in 2019. If
the Village chooses an electricity supplier recommended by NIMEC, NIMEC's compensation will be
included in the contracted electricity prices, so there will be no direct payment made to NIMEC by the
Village.
Groups
Affected:
Fiscal Impact:
Source of
Funds:
Workload
Impact:
Admin
Recommend:
Special
Requirements:
This Resolution will designate NIMEC as the Village's broker for purposes of obtaining electricity. Due to
time constraints and procedures required for the acceptance of a competitive bid for a supply of electricity,
this Resolution will authorize the Village Administrator to negotiate and execute a contract with the most
optimal bidder for the acquisition of electrical energy for Village -owned buildings and street lighting
infrastructure. This authority shall begin upon the adoption of this resolution and terminate at the end of the
current calendar year.
Administration, Public Works, Finance, and Village Residents and Businesses
Savings based on electric supply market rates
N/A
The Village Administrator and or his designee is hereby authorized to finalize and take all steps necessary to
negotiate and execute a contract with an electrical supplier
Approval as presented.
None.
Respectfully submitted:
Ralph
Prepared by:
o .h J. P ahm, P hector of Public Works
Reviewed by:
Teresa Hoffman
RESOLUTION 19-03
AUTHORIZING THE PARTICIPATION IN THE NORTHERN ILLINOIS
MUNICIPAL ELECTRIC COLLABORATIVE (NIMEC) AND
AUTHORIZING THE VILLAGE ADMINISTRATOR TO APPROVE A CONTRACT
FOR ELECTRICITY FOR VILLAGE OWNED BUILDINGS AND STREET
LIGHTING INFRASTRUCTURE
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, on January 2, 2007, the State of Illinois implemented a plan to deregulate
Commonwealth Edison; and
WHEREAS, as a result of this deregulation, electricity may be purchased based on market
price and Commonwealth Edison will no longer be the sole supplier of electricity in northern
Illinois, resulting in new electricity suppliers being able to compete against Commonwealth Edison,
and competitive market forces dictating the price of electricity; and
WHEREAS, Commonwealth Edison will no longer offer a fixed energy rate for large or
medium sized commercial accounts; its charges will instead be based on a floating hourly rate; and
WHEREAS, the Village desires to enter the market to secure a fixed rate for its municipal
building and street lighting infrastructure for a term of up to 36 months; and
WHEREAS, in December 2017, after conducting an evaluation of qualified electrical energy
brokers, the Village selected Northern Illinois Municipal Electric Collaborative (NIMEC) to serve as
the Village's electrical energy broker; and
WHEREAS, NIMEC has represented over 170 member municipalities, park districts, water
districts and libraries in the northern Illinois, and the Village has worked with NIMEC since 2008,
and;
WHEREAS, Village staff has recommended the Village continue to use NIMEC as its
electrical energy broker in 2019; and
WHEREAS, if the Village chooses an electricity supplier recommended by NIMEC,
NIMEC's compensation for acting as the Village's broker will be included in the contracted
electricity prices, so there will be no direct payment made to NIMEC by the Village; and,
WHEREAS, in light of the time constraints and procedures required for the
acceptance of a competitive bid for a supply of electricity, once the bids are received by
NIMEC, the Village Administrator recommends he be given authority to negotiate and execute a
contract with the most optimal bidder for the acquisition of electrical energy for Village -owned
buildings and street lighting infrastructure with such authority commencing upon adoption of this
resolution and terminating at the end of the current calendar year.
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 Board hereby approves and designates the Northern Illinois
Municipal Electric Collaborative (NIMEC) as the Village's broker for purposes of obtaining
proposals for electricity.
SECTION 3: The Corporate Authorities hereby grant the Village Administrator and/or his
designee the specific authority to negotiate and execute a contract with the electrical supplier deemed
the most cost effective for Village -owned buildings and street lighting infrastructure as determined
with the assistance of NIMEC without further action by the Corporate Authorities. Said authority shall
commence upon adoption of this resolution and terminate at the end of the current calendar year,
SECTION 4: This resolution shall be in full force and effect upon it passage and approval.
PASSED this 28th day of January 2019.
Trustee Grear
Trustee Minx
Trustee Ramos
Trustee Thill
Trustee Travis
Trustee Witko
APPROVED by me this 28th day of January 2019.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
this 29th day of January 2019.
Eileen Scanlon Harford, Village Clerk
Village of Morton Grove
Cook County, Illinois
Legislative Summary
Resolution 19-04
AUTHORIZATION TO EXECUTE A TASK ORDER WITH
CIORBA GROUP, INC. FOR EMERGENCY WATER SUPPLY IMPROVEMENT PROJECT
Introduced:
Synopsis:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
First Reading:
Special Considerations or
Requirements:
January 28, 2019
To authorize execution of a task order for Ciorba Group to provide preliminary and
design engineering services for Emergency Water Supply Improvement Project
The Village began purchasing water from city of Evanston in 2018 through a
new water supply with Morton Grove -Niles Water Commission. A secondary
priority of establishing a new water supply with city of Evanston was to investigate
opportunities for enhancing alternative sources of water supply for emergency
situations.
The Northwest Water Commission provides potable water supply to its member
municipalities of Arlington Heights, Buffalo Grove, Palatine and Wheeling. The
Northwest Water Commission and the Village cooperatively developed a study in
2005 for providing an interconnection for emergency water supply between the two
agencies; however, the project did not advance to construction. The Northwest
Water Commission and the Village reinvigorated a cooperative relationship and
entered into a Memorandum of Understanding for the emergency interconnection.
Resolution 18-08, approved on January 22, 2018, authorized staff to negotiate a
task order contract with Ciorba Group, Inc. for professional engineering services.
Ciorba Group has satisfactorily investigated water infrastructure for Village projects
in the past. Village staff negotiated a scope of work with Ciorba Group valued at
$87,621.10 to provide preliminary and design engineering services for an
Emergency Water Supply Improvement Project.
Public Works Department
$87,621.10
Enterprise Fund Account Number 405033-552140
The Public Works Department shall administer and monitor the contract as part of
its normal workload.
Approval as presented.
N/A
None
Respectfully submitted: ®.: Reviewed by: y uo-v—
t Ra ph . Czerwinski, illage Administrator / Joe 1 ahm, Director Public Works
Prepared by:
Chris Tomich, Village Engineer
Reviewed by:
J
Teresa Ho
Liston, Corporation Counsel
RESOLUTION 19-04
AUTHORIZATION TO EXECUTE A TASK ORDER WITH
CIORBA GROUP, INC. FOR EMERGENCY WATER SUPPLY IMPROVEMENT PROJECT
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule
unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can
exercise any power and perform any function pertaining to its government affairs, including but not limited
to the power to tax and incur debt; and
WHEREAS, the Village began purchasing water from the city of Evanston in 2018 through a
new water supply agreement with the Morton Grove -Niles Water Commission; and
WHEREAS, a secondary priority of establishing the new water supply from the city of Evanston
has been to investigate opportunities for enhancing alternative sources of water supply for emergency
situations; and
WHEREAS, the Northwest Water Commission was created to acquire and operate a common
source of adequate supply of potable water to its member municipalities of Arlington Heights, Buffalo
Grove, Palatine and Wheeling; and
WHEREAS, the Northwest Water Commission and the Village cooperatively developed a study
in 2005 for providing an interconnection for emergency supply between the two agencies ("Emergency
Water Supply Improvement Project" or the "Project"); however, the project did not advance to
construction; and
WHEREAS, the Northwest Water Commission and the Village have reinitiated their cooperative
relationship and entered into the attached Exhibit "A", Memorandum of Understanding, dated November
11, 2018, for the emergency interconnection and in order to set forth key terms and goals in furtherance
of the Project; and
WHEREAS, Resolution 18-08, approved on January 22, 2018, authorized staff to negotiate a task
order contract with Ciorba Group, Inc. for professional engineering services; and
WHEREAS, Ciorba Group, Inc. has satisfactorily investigated water infrastructure for Village
projects in the past; and
WHEREAS, Village staff negotiated the scope of work with Ciorba Group, Inc. valued at $87,621.10
to provide preliminary and design engineering services for the Emergency Water Supply Improvement
Project, which is described in more detail in Exhibit "B"; and
WHEREAS, the 2019 Adopted Budget contains an allocation of $21,000 for engineering services in
the Enterprise Fund Account Number 405033-552140, which is $66,621.10 less than the cost of the work
and;
WHEREAS, projected savings in other expenses in the Enterprise Fund will provide the necessary
balance of the contract cost.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
Section 1. The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into
this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth.
Section 2. The Corporate Authorities hereby authorize the Village Administrator to execute a task
order for Ciorba Group, Inc. to complete preliminary and design engineering for the Emergency Water
Supply Improvement Project in the not -to -exceed amount of $87,621.10.
Section 3. This Resolution shall be in full force and effect upon its passage and approval.
PASSED THIS 28th DAY OF JANUARY 2019
Trustee Grear
Trustee Minx
Trustee Ramos
Trustee Thill
Trustee Travis
Trustee Witko
APPROVED BY ME THIS 28th DAY OF JANUARY 2019
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 29th DAY OF JANUARY 2019
Eileen Scanlon Harford, Village Clerk
Village of Morton Grove
Cook County, Illinois
EXHIBIT "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN THE VILLAGE OF MORTON GROVE AND
THE NORTHWEST WATER COMMISSION
This Memorandum of Understanding is made and entered into between the Village of
Morton Grove ("Morton Grove") and the Northwest Water Commission ("Commission"), and
the partics state as follows:
WITNESSETH:
WHEREAS, Morton Grove located in Cook County, Illinois, is a home rule unit of
govemment under the provisions of Article 7 of the 1970 Constitution of the State of Illinois; and
WHEREAS, the Commission is a water commission created under Chapter 24, Article
11, Division 135 ofthe Illinois Compiled Statutes; and
WHEREAS, the Commission was created to acquire and operate a common source of
supply of water and to develop facilities of sufficient capacity to furnish an adequate supply of
potable water to Commission members and customers; and
WHEREAS, Morton Grove currently receives its water from another source and would
like the Commission to consider and approve an emergency interconnect from the Commission
with Morton Grove: and
WHEREAS, Morton Grove and the Commission agree that it is in the respective parties'
best interests to explore an arrangement whereby the Commission could provide an emergency
interconnect to Morton Grove not only for the benefit of the residents of Morton Grove. but as
well as the Commission, its members and customers: and
WHEREAS. Morton Grove and the Commission desire to enter into this Memorandum of
Understanding in order to set forth key terms and goals in furtherance of the purposes stated
herein.
EXHIBIT "A"
NOW THEREFORE, in consideration of the foregoing, and of the mutual covenants and
agreements contained herein, and pursuant to authority under the Constitution and the laws of the
State of Illinois, Morton Grove and the Commission hereby state and agree as follows.
1. Project. The parties agree to work together in order to explore, study and
negotiate an intergovernmental agreement to establish an emergency interconnect between
Morton Grove and the Commission. The parties further understand that this interconnect shall
only be utilized in the event of an actual emergency involving one or both of the parties' water
systems. The parties agree to cooperate and assist one another in all aspects of this project,
including, but not limited to, land use issues, permitting issues, right of way and easement issues,
engineering review. and negotiating and drafting of an intergovernmental agreement (the
"Project").
2. Exploratory Costs. The parties agree that each shall initially be responsible for
their own respective consultant and legal fees and costs during this exploratory process and for
all consultant fees and costs incurred by the respective parties as documents are prepared and
negotiated. However, it is further agreed that upon completion of this Project, Morton Grove
will reimburse the Commission for all consultant and legal fees and costs incurred from the date
of this Memorandum of Understanding until completion of' the Project or termination of this
Memorandum of Understanding. Provided however. said reimbursement shall not exceed
$7,500.00.
3. Tenn. This Memorandum of Understanding shall continue for 1 year unless
further modified by the parties in writing or until terminated by either party at
30 days written notice. Any terminatjon shall be in writing.
its discretion upon
EXHIBIT "A"
4, Notices. Any notices or correspondence to be delivered pursuant to this
Memorandum of Understanding shall be addressed as follows:
If to Commission:
If to Morton Grove:
Executive Director
Northwest Water Commission
1525 North Wolf Road
Des Plaines, IL 60016
Village Administrator
Village of Morton Grove
6101 Capulina Avenue
Morton Grove, IL 60053
IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective
governing body, have caused this Memorandum of Understanding to be executed in several
counterparts, each of which shall constitute an original, as of the date appearing below.
NORTHWEST WATER COMMISSION
By: 96 --Lear"""
Name: K I/N Loons
Its: Egec4--*lrJc 1�/redor
Date: ////i/14)/ 1
VILLAGES MORTON GROVE
/.
By:
Name: L � jt ceitae?ii.__k3-A
Its: &6�r��i.�/sT�ffrj'f,
Date: / 9/42e/e'
E: PTBmnkinN WC•Memumndum of Understanding Morton Grove v.2.don
3
EXHIBIT "Jr
NORTHWEST WATER COMMISSION INTERCONNECTION STUDY AND DESIGN
SCOPE OF WORK AND FEE
VILLAGE OF MORTON GROVE
PROJECT UNDERSTANDING
The Village of Morton Grove is interested in an emergency water supply interconnection with the Northwest
Water Commission (NWC) from the NWC existing 60" transmission main to the North Pump Station. Ciorba Group
will conduct a project scoping study to assess alternatives for the construction of a water main between an existing
tee connection off the 60" transmission main located in the ComEd right of way at its intersection with National
Avenue, and a booster station to achieve the required pressure at the North Station. This study will build upon the
conclusions of the 2005 "Report Regarding Emergency Water Supply from Northwest Water Commission"
prepared by Alvord, Burdick, & Howson. These conclusions include:
1. The Village's connection point will be the 8" valve vault that tees from the 60" transmission main at
National Avenue and the ComEd right of way.
2. The new water main will be installed on National Avenue between the 8" valve vault and the 2.0 MG tank
at the north pumping station.
3. Booster pump(s) will be needed to meet the worst-case emergency conditions when both North Pump
Station and South Pump Station are unable to supply water to the system.
Unlike the previous report, this study and design will be considered a one-way interconnection with supply from
NWC to the Village only. The study will focus on defining the evaluation criteria of an active emergency
interconnection, alternatives analysis, recommendations, concept design discussion, and project schedule. The
study will document the adopted project scope.
Following the study phase, the Village seeks to have Ciorba Group complete the detailed design of the project. The
tasks to be performed as part of this work order are presented in the following section.
PROJECT TASKS
The following tasks will be performed as part of this work order:
Task 1— Interconnection Study
1.1: Start -Up Meeting with the Village
The Project Team will meet with the Village at an initial kick-off meeting. It is anticipated that the meeting will be
attended by the Village Engineer, Public Works Director, Pumping Station Supervisor, and any other staff as
necessary. During this meeting, the scope of work will be reviewed so there is a clear understanding of the
milestone reviews and deliverables. The Project Team will present an information wish list that may include
atlases, as-builts of the water main and pump station facilities along the proposed route, construction documents
for recent pump station and SCADA projects at the North Station, SCADA data, plats of survey for the North Pump
Station, ComEd property ownership agreements, relevant NWC documents, and any other relevant water system
and planning documents.
The water system will be reviewed in detail, and specifically the operation of the pump station facilities and
elevated storage settings during emergency scenarios in the Village. Preferences regarding the booster station
Northwest Water Commission Interconnection Study and Design.docx
CIORBA GROUP Consulting Engineers
EXHIBIT "B"
facility will be discussed. Physical changes at the North Pump Station and system -wide operational changes
associated with the MGNWC water supply project will be discussed. Site visits of pertinent operating facilities will
be made for an early calibration of the system operating points.
1.2: Desk Study
Following the collection of all relevant and available information, Ciorba will commence with the study thereof and
the extraction of material of consequence to the Project. At this stage of the project, project challenges will have
surfaced regarding pipe alignments, operations siting, interaction between pressure zones, capacity shortfalls, and
other possible problem areas to be addressed and investigated further.
1.3: Hydraulic Modelling
Desk study data will be used to perform a hydraulic analysis of the emergency conditions with the Village's most
recent WaterCAD model. The results of the alternatives analysis will be summarized in a draft interconnection
study report with exhibits, cost estimates, and recommendations. Ciorba will present its findings to the Village for
discussion and review. The proposed outline for this report is presented in the following table which summarizes
an outline of the study contents, a description of the contents and methods for the sections, and possible
supporting exhibits and output data.
1.4: Draft Report
SECTION TITLE DESCRIPTION
1 EXECUTIVE SUMMARY To be completed for the Final Report
2 VILLAGE EXISTING CONDITIONS
2.1 Location Summary of project location, location of Village
operating facilities, and location of NWC facilities.
2.2 Demand Review of demand based on IDNR Allocation, LMO-2
reporting, SCADA data, and previous studies.
Summary of critical water system components
2.4 Infrastructure critical to system operation under normal and
emergency conditions.
2.4.1 Storage Summary of facilities locations, type, volume,
elevations, set points, useable storage.
Summary of facilities locations, type, layout,
2.4.2 Pump Stations operational scheme, capacities, operating points,
set points.
2.4.3 Pipeline Network Summary of water main network including
transmission mains and distribution mains.
2.5 Capacity Summary of fire flow performance with respect to
Village adopted fire flow requirements.
Summary of minimum, average, and maximum
2.6 Pressure model results at various times throughout the
simulation for all Scenarios.
Summary of the existing approach and facilities for
2.7 Water Quality maintaining the Village's water chemistry, including
reported results.
Northwest Water Commission Interconnection Study and Design.docx
CIORBA GROUP Consulting Engineers
SECTION
3
4
4.1
4.2
4.3
EXHIBIT "B"
TITLE
NWC EXISTING CONDITIONS
EVALUATION CRITERIA1
CAPACITY
PRESSURES
FIRE FLOW
4.4 EFFECTIVE PERIOD
4.5 PROPERTY REQUIREMENTS
4.5 CONSTRUCTION COST
4.6 OPERATION & MAINTENANCE
5
INTERCONNECTION
ALTERNATIVES ANALY$152
5.1 BASELINE IMPROVEMENTS
5.2 ALTERNATIVE 1
5.2.1 Summary of Improvements
5.2.2 Criteria Comparison
5.2.3 Cost Estimate
5.3 ALTERNATIVE 2
5.4 ALTERNATIVE 3
DESCRIPTION
Summary of existing NWC infrastructure associated
with the interconnection and current
understanding of pressure and flow conditions that
can be provided by NWC during an active
interconnection.
Summary of minimum limits for measuring
effectiveness of interconnection Alternatives,
including available transferable capacity,
pressures, fire flow, and effective period.
Definition of target transferable capacity from NWC
to Morton Grove.
Definition of target minimum pressures in the
Village system during active interconnection.
Definition of target minimum fire flows for the
Village system during active interconnection.
Definition of target minimum time (in days) that an
active interconnection can be sustained by the
NWC.
Definition of property preferences used for scoring
alternatives, including public right of way, Village
property and easements, new easements, and new
property.
Description of the components of the construction
cost and sources for pricing to be used in Section 5.
Description of the components of the 20 -year
operation and maintenance costs to be calculated
and presented in Section 5.
Discussion of improvements germane to all
Alternatives including the analysis and
recommendation for the connection configuration
at the 2.0 MG reservoir (sidewall penetration,
overhead bunker, transmission main connection)
and any improvements required for water quality.
Examination of interconnection system 1.
Description of proposed improvements.
Summary of scoring for the Evaluation Criteria
Budget estimate including contingencies
Same content as 5.1
Same content as 5.1
Notes:
1. The Evaluation Criteria above may be modified during the Kick-off meeting if the Village finds additional criteria to
be more important. For each Alternative under Section 5, criteria will be analyzed and compared to the elevation
criteria. For example, for the capacity criteria, each Alternative will have a calculated capacity result from the
hydraulic model which will be compared to the capacity cri eria value to show relative performance.
2. For the purpose of this task order, the three Alternatives include (1) Booster pump located near the NWC pipe with a
water main extension to the North Pump Station; (2) Water main extension from the NWC pipe with a booster pump
located near the North Pump Station; (3) Additional alternative revealed during the analysis.
CIORBA GROUP Consulting Engineers
Northwest Water Commission Interconnection Study and Design.docx
EXHIBIT "B"
1.5: Village Review and Comment / Review Meeting
During the review period, Ciorba will present the draft findings to the Public Works Department in a single
scheduled review meeting. This will be an opportunity for the Village and Ciorba to discuss differences of opinion,
clarify questions, and develop an approach for the Final Report.
1.6: Investigate Additional Considerations
Additional considerations arising from the draft report review process will be analyzed for the three Alternatives
based upon the criteria and weighting as performed during the draft report.
1.7: Prepare Final Report
Ciorba will incorporate any additional narrative and analysis resulting from the draft review stage to the original
Sections of the draft report (Sections 2-5) and will prepare additional Sections 1, 5-8 (summarized below) for the
compiling of a final report to be provided in formats requested.
SECTION TITLE DESCRIPTION
1 EXECUTIVE SUMMARY Summary of existing conditions, evaluation criteria,
interconnection alternatives analysis, and recommendations.
6 RECOMMENDED Summary of interconnection alternatives in Section 4,
ALTERNATIVE recommendation based upon scoring of criteria, and Opinion of
Cost.
7 CONCEPT DESIGN
7.1 WATER MAIN
Discussion of water main improvements and specifications
including pipe length, materials, and installation details.
7.2 VALVES AND VAULTS Discussion of pressure reducing / sustaining valves, operating
valves, meters, and vault size and layout for interconnection.
7.3 BOOSTER STATION Discussion of proposed booster station size, location, layout, and
operation.
7.4 OTHER IMPROVEMENTS Discussion of other water system appurtenances, removals, and
restoration.
8 SCHEDULE Outline of proposed implementation schedule based on the
input of the Village during the study.
Task 2 — Detailed Design
The following scope assumes the design of an overhead bunker connection to the 2.0 MG Reservoir.
2.1: Data Collection and Survey
Ciorba will perform a full topographic survey of the project site. Survey tasks will include setting horizontal
and vertical control; topographic survey of the sites and adjacent roadway and sidewalks; utility information
(including water, sewer, and drainage components); important other facilities required for design information
(this may include electrical transformers and communication pedestals among other items); any other items
Northwest Water Commission Interconnection Study and Design.docx
CIORBA GROUP Consulting Engineers
EXHIBIT "B"
that must be considered for design, including vegetation, signs, buildings, light poles, etc. in the vicinity of the
site.
2.2: Geotechnical Soil Borings
Ciorba Group's subconsultant, Soil and Material Consultants, will obtain three (3) 15 -foot deep soil borings for the
water main design, and one (1) 20 -foot borings for the booster station design. Borings will include geotechnical
analysis, pavement cores, and sampling for CCDD certification.
2.3: Plans, Specifications, and Estimates
Design documents will be submitted at the 75% and Final design levels. Design elements for the project under our
scope are anticipated to include select removal of existing pavements, booster station facility including valves and
metering, water main connections to the NWC and Village systems, and restoration. This design component will
include controls design specifications and controls details with sub -contractor Concentric Integration. Quantities
will be prepared for all pay items included in the plans. Construction cost estimates will be prepared using
historical unit prices for similar work. Specifications will be in the Village's preferred format.
Plans will include the following sheets:
Cover Sheet
Legend and General Notes
MWRD General Notes
Existing Conditions and Removal Plan
Proposed Water Main Plan and Profile
Restoration, Landscape, and Erosion Control Plan
Proposed Booster Station Plan and Details
Electrical Site Plan and Schedule
Electrical Details
Controls Details
Civil Details
Municipal Details
IDOT Details
2.4: Meetings, Data Collection and Coordination
A second meeting will be held after the 75% submittal to review Village of Morton Grove comments.
2.5: Permitting
Ciorba will assemble and submit the required permit applications. Permits are expected to be required from the
Illinois Environmental Protection Agency and MWRDGC.
2.6: Quality Assurance / Quality Control
The project will be completed in accordance with the Ciorba QA/QC plan. The QA/QC plan is available upon
request.
2.7: Deliverables
Deliverables will be 5 hard copy sets of 11" x 17" plans, specifications and cost estimates and a digital CD copy.
Northwest Water Commission Interconnection Study and Design.docx
reQ CIORBA GROUP Consulting Engineers
EXHIBIT "B°`
FEE
Ciorba's engineering fee for this work order will be:
Task 1— Interconnection Study: $25,117.00
Task 2 — Detailed Design: $62,504.10
for a total fee of $87,621.10 calculated based on contract hourly rates as shown in the following tables.
Northwest Water Commission Interconnection Study and Design.docx
CIORBA GROUP Consulting Engineers
EXHIBIT "B"
PROJECT SCHEDULE
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PRINTED 1/22/2019, 9:41 AM
EXHIBIT "B"
STAFF HOURS
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-Up
Meetings
Meeting with the Village
Task Total:
Subtotal:
8
8
2
2
5
5
1
Startup Meeting with Village (1 mtg x 2 staff x 2 hr/mtg)
2�
1
Meeting Minutes
2
2�
Prepare Agenda/Exhibits for Meetings (2 mtgs x 2 hrs/mtg)
2
1
1
1.2 Desk
011
020
on
1.3 Hydraulic
Study
Coordination
Task Total: 35
Subtotal: 10
0
0
23
8
12
Coordination with Village
4
2
Coordination with NWC
1 4
1 416
2
Field Survey
Subtotal:
3
0
3
0
Site Visits by Staff (3 hours per visit)
3
1
31
Water Main System
Existing
Subtotal: 22
0
12
10
Conditions Review (Village)
12
81
Existing Conditions Review (NWC)
1
10
1
4
6
6
032 Water
1.4 Draft
Modelling
Main System
Task Total: 34
Subtotal: 34
0
0
24
24
10
10
Evaluation Criteria. Definition
8
8
Alternatives Analysis
1
26
1
161
10
032 Water
034 Reports
059 Specifications
090 QC/QA
too Project
Report
Main System
Task Total: 75
Subtotal: 24
15
0
38
14
22
Recommendations
8
8
10
Exhibits & Concept Plans
1
16
1
61
/ Location Drainage Studies
Subtotal:
27
0
18
10
Water System Report1
27
1
181
9
& Estimates
Subtotal: 12
3
6
9
Alternatives Analysis Cost Estimates
12
31
61
3
Subtotal: 6
6
0
3
Water Resources1
6
61
0
Management & Administration
Subtotal: 6
6
0
Project Management
6
61
0
EXHIBIT "Baa
STAFF HOURS
Village of Morton Grove
NWC Interconnection Stud
t
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Total
Senior Project
Manager
Senior Project
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1.5 Village
010 Meetings
Review and Comment /Review Meeting Task Total: 7
Subtotal: 7
2 4 1
2 4 1
Draft Report Meetings with Public Works (1 mtg x 2 staff x 2 hr/mtg)
4
2
2
Meeting Minutes
1
1
Prepare Agenda/Exhibits for Meetings (2 mtgs x 2 hrs/mtg)
2
1
1
1.6 Investigate
032 Water
059 Specifications
Additional Considerations Task Total: 18
Main System Subtotal: 14
1 10 7
0 8 6
Post Draft Report Analysis 14
81 6
& Estimates Subtotal: 4
1 2 1
Alternatives Analysis Cost Estimates 4
1 21 1
1.7 Prepare
034 Reports
Oso QC/QA
too Project
Final Report Task Total: 13
I Location Drainage Studies Subtotal: 9
4 6 3
0 6 3
Aitematives Analysis Cost Estimates 9
1 61 3
Subtotal: 2
2 0 0
Water Resources 2
21
Management & Administration Subtotal: 2
2 0 0
Project Management 2
21 1
EXHIBIT "B"°
CIORBA GROUP Consulting Engineers
FIRM NAME
PRIME/SUPPLEMENT
Client
Ciorba Group, Inc.
Prime
Village of Morton Grove
ESCALATION FACTOR
0.00%
Senior Project Engineer
Engineer 1
$144.00
$83.00
$190.00
$144.00
$83.00
DATE 01/16/19
Printed 1/16/2019 6:44 AM
CLASSIFICATION
CURRENT RATE
ESCALATED RATE
SBninr Prninr+ nna..nne.. ...__ __I
Senior Project Engineer
Engineer 1
$144.00
$83.00
$190.00
$144.00
$83.00
DATE 01/16/19
Printed 1/16/2019 6:44 AM
EXHIBIT "8"
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PRINTED 1/22/2019, 9:50 AM
EXHIBIT 88Baa
STAFF HOURS
Village of Morton Grove
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2.1 Data Collection
441
38
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158
LIE
32
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59
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020
2.2 Geotechnical
Field
and Survey
Survey
Horizontal Topography
Task Total
Subtotal:
46
0 2
0 2
0
0
0
110
0
38
38
6
6
Field Verification
36
I
0
0 30 6
of Existing Conditions
12
I 21
I
I 30I 6
Process Survey Information
Base Sheet
Subtotal:
8
0 0
0
Development1
8
0 0
1 1 1 181
8 0
Soil
Borings
2.3 Plans, Specifications,
Task Total:
0
0 0 0 0 0
0 0
032
066 Contract
oss Quantity
oss Specifications
or Construction
loo Project
and Estimates
Water Main System
Conflict Investigation
Task Tent
subtotal:
359
211
22
144 32 55 106
2 77 32 30
0 0
(Utilities)
Water Main
10
2
70
0 0
Design
Water Main
18
8
10
s
Plan and Profile Sheets
Water Main Details
53
s
48
Concrete /
10
2
a
Asphalt Restoration Design
Erosion Control
10
2
s
& Landscaping Plans
Booster Pump
6
2
Station - Mechanical Design
Booster Pump Station-
28
20
s
°
Electrical Design
Pump
18
18
Station -Civil /Structural Design
Reservoir Connection
26
10
16
Structure - Mechanical Design
Reservoir Connection
8
2
4
Structure - CMI / Structural Design
24
2
6
16
2
Plans
Title Sheet
subtotal:
34
0
10
0
0
General Notes
1
24
0
0
Summary Quantities
3
2
1
of
Plan Revisions
2
1
Disposition
24
4
2
of Comments
4
4
20
Cakulatlons
Quantities
Subtotal:
30
0
8
0
10
(Roadway)
Quantities
8
4
4
12
0
0
(Electric)
Quantifies
I
I
4
(Water Resources)
184
6
& Estimates
Spermcations
Subtotal: 64
4
45
0
15
121
(Roadway)
Specifications
6
6
0
0
0
(Electrical)
Specifications
10
10
(Water Resources)
Specifications
30
15
15
(Structural)
Estimate
8
8
of Time
Estimate Cost
2
2
of
8
2
6
Assistance
Assistance
Subtotal:
4
0
4
0
During Bidding1
4
1
0 0
4
0 0
Management & Administration
Project Administration
Subtotal:
16
16
0 0 0
Project Management
0
0
0
1
8
8I
1
1
EXHIBIT "B"
STAFF HOURS
Village of Morton Grove
NWC Interconnection Design
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Total
Senior Project
Manager
Senior Pnlect
Engineer
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2.4 Meetings,
010 Meetings
0n Coordination
Data Collection and Coordination Task Total: 10
subtotal: 6
2 8 0 0 4 0 0
2 4 0 0 0 0 0
Meetings with Village (1 mtg x 2 staff x 2 hr/mtg)
4
2
2
Prepare Agenda/Exhibits for Meetings (1 mtgs x 2 hrs/mtg)
2
2
subtotal: 8
0 4 0 0 4 0 0
Coordination with Village
4
4
Coordination with Utilities
4
4
2.5 Permitting
035 Penults
Task Total: 8
Subtotal: 8
0 4 0 4 0 0 0
0 4 0 4 0 0 0
Permit - !EPA (Water)
3
1
2
Permit- NPDES
2
1
1
Permit- MWRDGC
3
2
1
2.6 Quality
035 Permits
Assurance / Quality Control Task Total: 14
subtotal: 14
14 0 0 0 0 0 0
14 0 0 0 0 0 0
Roadway
2
2
Structural
2
2
Water Resources
8
8
Electrical
2
2
2.7 Geotechnical Soil Borings Task Total: 0
0 0 0 0 0 0 0
EXHIBIT "B"
CIORBA GROUP Consulting Engineers
FIRM NAME
PRIME/SUPPLEMENT
Client
Ciorba Group, Inc.
Prime
Village of Morton Grove
ESCALATION FACTOR
0.00%
Project Manager
Senior Project Engineer
Senior Structures Engineer
Senior Engineer
Engineer 11
Engineer 1
Senior Technician
Engineering Technician 11
$169.00
$144.00
$116.00
$104.00
$91.00
$83.00
$113.00
$83.00
$190.00
$169.00
$144.00
$116.00
$104.00
$91.00
$83.00
$113.00
$83.00
DATE 01/18/19
Printed 1/18/2019 9:09 AM
CLASSIFICATION
CURRENT RATE
ESCALATED RATE
Seninr Prniart Monnrinr ... __ _ _
Project Manager
Senior Project Engineer
Senior Structures Engineer
Senior Engineer
Engineer 11
Engineer 1
Senior Technician
Engineering Technician 11
$169.00
$144.00
$116.00
$104.00
$91.00
$83.00
$113.00
$83.00
$190.00
$169.00
$144.00
$116.00
$104.00
$91.00
$83.00
$113.00
$83.00
DATE 01/18/19
Printed 1/18/2019 9:09 AM
Legislative Summary
Resolution 19-05
AUTHORIZING THE EXECUTION OF A CONTRACT WITH LAUTERBACH & AMEN, LLP FOR
ACTUARIAL SERVICES FOR THE VILLAGE OF MORTON GROVE POLICE, FIRE, AND
MUNICIPAL RETIREMENT FUNDS
Introduced:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
Second Reading:
Special Considerations or
Requirements:
January 28, 2019
State law and governmental accounting standards require the Village to contract for
actuarial services for its police, fire, and municipal retirement funds and other post -
employment benefits. This allows the Village to assess the assets, liabilities, and annual
funding requirements of each plan. This resolution will authorize the Village
Administrator to execute said contract for actuarial services.
Asset values, liability projections, funding requirements for tax levy purposes, and other
information useful in properly managing and reporting the pension funds financial
performance are included in this contract. The actuarial services are for a period of three
years starting with the fiscal year ending December 31, 2018, fiscal year ending
December 31, 2019, and fiscal year ending in December 31, 2020.
Legal, Administration, and Finance Departments
Lauterbach & Amen's fees will be $14,700 for the year ending December 31, 2018,
$11,400 for 2019 and $15,500 for 2020 will encompass all the aforementioned
retirement funds.
General Fund - Enterprise Fund
The Finance Department as part of their normal work activities will oversee the
implementation of the contact and agreement.
Approval as presented.
Not required.
None
Respectfully submitted:
zeywinski, Vi age Administrator
Reviewed by:
Teresa Hoffman L
os ;;Corporation Counsel
Prepared by:
anna Sullivan, Finance Director/Treasurer
RESOLUTION 19-05
AUTHORIZING THE EXECUTION OF A CONTRACT
WITH LAUTERBACH & AMEN, LLP FOR ACTUARIAL SERVICES FOR THE VILLAGE
OF MORTON GROVE POLICE, FIRE, AND MUNICIPAL RETIREMENT FUNDS.
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, the Village is required by state statute to have conducted an annual actuarial
report of the police, fire, and municipal retirement funds; and
WHEREAS, the Village is required by accounting standards to conduct an actuarial report of
other post -employment benefits; and
WHEREAS, on December 11, 2018, the Village solicited proposals/bids from various actuarial
firms for services; and
WHEREAS, on January 18, 2019, staff evaluated four proposals and found the services offered
and pricing of the proposal from Lauterbach and Amen to be the most beneficial; and
WHEREAS, a contract outlining the actuarial services shows a cost of $14,700 for the year
ending December 31, 2018, $11,400 for the year ending December 31, 2019 and $15,500.00 for the
year ending December 31, 2020. All these fees will not exceed a combined out-of-pocket total
expense for the Village of $41,600. It is noted this total includes all of the out-of-pocket reimbursable
expenses. A copy of the contract and proposal are attached hereto; and
WHEREAS, Lauterbach & Amen, LLP has performed other services in the past which met or
exceeded the expectations of the Village; and
WHEREAS, the Village President and Board of Trustees deems it to be in the best interest of
the Village to obtain the actuarial services from Lauterbach & Amen for a three year period beginning
with the fiscal year ending December 31, 2018.
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 and/or his designee is hereby authorized to execute a
contractual agreement with Lauterbach & Amen, LLP for actuarial services pursuant to terms and
conditions consistent with their proposal dated December 18, 2018 (Exhibit "A") and the attached
Professional Services Agreement dated January 28, 2019.
SECTION 3: The Village Administrator and/or his designee are hereby authorized to take all
steps necessary to implement such contract.
SECTION 4: This resolution shall be in full force and effect upon it passage and approval.
PASSED this 28th day of January 2019.
Trustee Grear
Trustee Minx
Trustee Ramos
Trustee Thill
Trustee Travis
Trustee Witko
APPROVED by me this 28th day of January 2019.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
this 29th day of January 2019.
Eileen Scanlon Harford, Village Clerk
Village of Morton Grove
Cook County, Illinois
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN VILLAGE OF MORTON GROVE AND
LAUTERBACH & AMEN, LLP
FOR ACTUARIAL SERVICES
THIS AGREEMENT is dated as of the 28`h day of January 2019 ("Agreement") by and
between the VILLAGE OF MORTON GROVE, an Illinois municipal corporation ("Village")
and Lauterbach & Amen LLP ("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 are as
follows:
Village:
Village of Morton Grove
6101 Capulina Avenue
Morton Grove, IL 60053
Contact: Ralph E. Czerwinski,
Village Administrator ("Village Representative")
847-663-3001
rczerwinskina mortongroveil.org
Consultant:
Lauterbach & Amen LLP
27W457 Warrenville Road,
Warrenville, Illinois, 60555
Contact: Todd Schroeder
630-393-1483
tschroeder@lauterbachamen.com
2 PERFORMANCE OF SERVICES:
2.1. Project Description. Consultant will provide all necessary services to perform the work
in connection with the project identified in and consistent with the Proposal dated
December 18, 2018, a copy of which is attached hereto as Exhibit "A" to this Agreement
(hereafter referred to as "services"). The Consultant represents 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
1
the standards of professional practice recognized by the industry providing services of a
similar nature.
2.2 Time of Performance. The Consultant's provision of Services shall commence on January
28, 2019 (needs Village Board approval) (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 December 31, 2021. A determination of
completion shall not constitute a waiver 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 thirty (30) 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. The 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 the Village.
2.5 Force Majeure. The 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
Contracted Services are delayed by a force majeure event, the 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 a Village Representative. Consultant shall regularly report to and will
coordinate all work through the Village Representative and/or his designee.
2.7 Quality Control Plans. When required by the Exhibit "A", the Consultant shall execute a
quality control plan acceptable to the Village which 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 the Village
will not replace in any way the Consultant's responsibility for quality control or for its
work products and activities. Notwithstanding any review by the Village, Consultant shall
be responsible for the quality of the Services.
2
2.8 Warranty of Services. The Consultant warrants 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.
2.9 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 and the Consultant.
2.11 No Additional Obligation. The Parties acknowledge and agree 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 Forty-one thousand six hundred dollars ($41,600) in total or
fourteen thousand seven hundred dollars ($14,700) for 2018, eleven thousand four hundred
dollars ($11,400) for 2019 and fifteen thousand five hundred dollars ($15,500) for services
rendered 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 thirty (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
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 seven (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.
3.5 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 all 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
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
4.5 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 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.
5
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 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.
5.3 No Collusion. The Consultant represents and certifies the Consultant is not barred from
contracting with a unit of federal, 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 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 this Agreement is made without collusion with any other
person, firm, or corporation. If at any time it shall be found 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 the Village may
suffer, and this Agreement shall, at the Village's option, be null and void.
6
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 coverage and limits
acceptable to the Village, and evidencing at least the minimum insurance coverage 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 no change, modification in, or cancellation of, any
insurance shall become effective until the expiration of thirty (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
coverage provided above in force, at the Consultant's expense.
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 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:
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(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 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, the 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.
7.3 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 the Consultant is to provide for the Village, and the
Consultant shall limit its use of the GIS data to its intended purpose of furtherance of
the work;
B. Trade Secrets of the Village. The GIS data constitutes proprietary materials and
trade secrets of the Village and shall remain the property of the Village;
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C. Consent of the Village Required. The Consultant will not provide or make available
GIS data in any form to anyone without the prior written consent of the Village
Administrator;
D. Supply to Village. At the request of the Village, the Consultant shall supply the
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 makes 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 or terminated by 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.
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.
9
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 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 the Consultant's, or its
subcontractors' performance of, or failure to perform, the services or any part thereof.
Every provision 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 represents and warrants that it has and follows
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).
8.4 Patriot Act Compliance. The Consultant represents and warrants 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 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:
10
A. 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. If it hires additional employees in order to perform the services or any portion
hereof, it shall determine the availability (in accordance with the Village'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. In all solicitations or advertisements for employees placed by it or on its behalf, it
will state 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 It shall submit reports as required by the Village's rules and famish all relevant
information as may from time -to -time be requested by the Village, and in all respects
comply with the Illinois Human Rights Act and the Village's Rules.
E. It shall permit access to all relevant books, records, accounts and work sites by
personnel of the Village and the Village for purposes of investigation to ascertain
compliance with the Illinois Human Rights Act and the Village's rules.
F. 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 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 Village 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
"Village", 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.
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9 DEFAULT AND DISPUTE RESOLUTION:
9.1 Default. If it should appear at any time 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 (10) 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 liabilityfor 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.
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 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 the 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;
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(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 interne 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 tobe 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.
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.
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9.12 Waiver. No waiver of any provision of this Agreement 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 the 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" (Consultant's proposal dated January 8, 2016) and "B" (insurance
requirements) are attached hereto, and by this reference incorporated in and made a part
of this Agreement. In the event of a conflict between the Exhibits 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.
SIGNED:
By: Ralph E. Czerwinski, Village Administrator
Village of Morton Grove
By: Todd Schroeder
Lauterbach & Amen, LLP
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PROPOSAL OF LAUTERBACH & AMEN, LLP
DATED DECEMBER 18, 2018
15
osals 2018 to 2020
Actuarial Pro
Municipal
Employees Other Post
Individual Employment
Calculations as Benefits -
Total Needed Interim Year Hnurl Rates Y I I
Y Bary ncrease
$ 225 5 xsn bcn
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$ 250 S 2.500 5700 to <b' ascni......:__
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[$ 14,700
o
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ti
$ 19,000
$ 20,800 f
Municipal Other Post
Employees Employment MERF Annual
Firm/Partner Police Pension Fire Pension Retirement Benefits Statements
Lauterbach & Amen Todd
Schroeder $ 3,850 $ 3,850 $ 2,050 $ 4,450 $ 500
Foster & Foster Jason
Franken $ 3,300 $ 3,300 $ 3,500 $ 7,500 $ 500
Nyhart
Mike Zurek $ 4,500 $ 4,500 $ 4,500 $ 4,500 $ 1,000
MWM
Kathleen Manning $ 6,000 $ 5,800 $ 5,200 $ 3,800 Included
Total Cost By Year
'"
0
$ 41,600 I
0
m
ai
e
0,
$ 55,700I
$ 62,400
Firm/Partner 2018 2019 2020
Lauterbach & Amen Todd
Schroeder $ 14,700 $ 11,400 $ 15,500
Foster & Foster Jason
Franken $ 18,100 $ 12,905 $ 18,935
Nyhart
Mike Zurek $ 19,000 $ _. 17,000 $ 19,700
MWM
Kathleen Manning $ 20,800 $ 20,800 $ 20,800
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
16