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HomeMy WebLinkAbout2010-02-22 AgendaVILLAGE OF MORTON GROVE MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER February 22, 2010 Meeting 7:00 pm 1. Cali to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes — Special Meeting of February 8, 2010 Regular Meetirlg of February 8. 2010 5. Public Hearings b. Special Reports 7, Resident's Comments (agenda items only) 8. President's Report -- Administration, Northwest Nfunici])al Conference, Council of Mayors, TIF Connnittee, Capital Projects, Real Estate Committee a. Proclamation — Sexual Assault Awareness Month — April 2010 b. Proclamation — Connelly Family Day— March 1, 2010 9. C'lerk's Report — Legal, Cable and Telecommunications Commission a. Ordinance 10 -06 (Introduced February 22, 2010, First Reading-) Amending Title 1, Chapter 5, Section 8 of the Municipal Code to Modify the Meeting Agenda 10. Staff Reports a. Village Administrator 1) Presentation - Results of the Competitive Bidding Process for the Solid Waste and Recycling Contract to be Presented by Brooke Beal, SWANCC Director 2) Report Referencing Senior Services 3) Miscellaneous Reports and Updates 10. Staff Reports (continued) b. Corporation Counsel 11. Reports by Trustees a. Trustee DiMaria - Community and Economic Development Department, Waukegan Road TIF Review, Comprehensive .flan, Real Estate Committee, LehighiFerris TIF .Review, Economic .Development, Dempster Street Corridor Plan (Trustee Thill) b. Trustee Gomnberg - Finance Department, Community Relations Commission, Finance Advisory Commission, Northivest Municipal Conference, Condominium. Association (Trustee Toth) C. 'Trustee Grear- Fire Department, Emergency Management Agency, RED Center, NIPSTA, Police and Fire Commission (Trustee DiMaria) d. 'Trustee Marcus - Family and Senior Services Department, Police Department Environmental Health, Police and Fire Commission, IT Communications, Chamber of Commerce ('Trustee Gomberg) 1) Ordinance 10 -05 (Introduced February 22, 2010, First Reading) Amending Various Sections of Title 5 including 5 -1 -5 Entitled Compliance Citations, 5 -3- 2 Entitled Vehicle License Requirements, 5 -4 -19 Entitled Violations Suitable for Enforcement by Compliance Citations, and 5 -8 -4 Entitled Prohibited Equipment or Condition e. Trustee Thill - Public Works, Capital Projects, Traffic Safety Commission, ,Natural Resource Commission., Solid Waste Agency of Aorthern Cook Coungy, Advisory Commission on Aging (Trustee Marcus) a. Resolution 10 -13 (Introduced February 22, 2010) Authorizing a Residential Solid Waste Collection Contract with Groot Recycling and Waste Services, Inc. b. Resolution 10 -14 (Introduced February 22, 2010) Authorizing the Acceptance of a Water Supply Agreement with the Village of Morton Grove and the Village of Golf c. Resolution 10 -15 (Introduced February 22, 2010) Authorizing a Professional Services Agreement with Dixon Engineering, Inc. for Management and Inspection Services for the 2010 North Station Water Tower Painting d. Resolution 10 -16 (Introduced February 22, 2010) Authorizing the Execution of a Contract with Chicagoland Paving Contractors, Inc. for the 2010 Street Improvement Program. e. Resolution 10 -17 (Introduced February: 22, 2010) Authorizing the Execution of a Professional Services Agreement with Ayres Associates, Inc. for 2010 Aerial Photograin.metric Mapping 11. Reports by Trustees (continued) e. "Trustee Thill (continued) L Resolution 10 -18 (Introduced February 22, 201 Q) Authorizing the Purchase of a 2011 Ford P -250 Pick -Up Truck through the North Suburban Purchasing Cooperative Procurement Program f. Trustee Toth — Building Department, Appearance Commission, Capital Projects, Plan Commission /Zoning Board of Appeals (Trustee Grear) 12. Other Business 13. Presentation of Warrants — $380,359.59 14. Resident's Comments 15. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 16. Adjournment -To ensure full accessibili.ry and equal participation.for all interested citizens, individuals with disabilities who plan to attend and who require certain aecommodations in order to observe and/or participate in this nseeting or who have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (8471470 -5220) promptly to allow the Village to make reasonabie accoMrnodations. MINUTES OF T14E FEBRUARY 8, 2010, . SPECIAL MEETING OF THE BOARD OF "TRUSTEES RICHARD T. FLICIKINGER MUNICIPAL CENTER 61101 CAPULINA AVENUE MORTON GROVE, ILLINOIS 60053 Pursuant to proper notice in accordance with the Open Meetings Act, the special meeting was called to order at 6.00 pm by Mayor Daniel J. Staackmann who led the assemblage in the pledge of allegiance. Clerk Kalogerakos called the roll. In attendai)ce were: Elected Officials: President Daniel Staackmann, Trustees Dan DiMaria (arrived late at 6:10 pm), Larry Gomberg, William Grear, Sheldon Marcus, John Thill, Maria Toth, and Village Clerk Tony Kalogerakos Village Staff: Village Administrator Joseph F. Wade, Corporation Counsel Teresa Hoffman Liston, and Family and Senior Services Jackie Walker O'Keefe Also Present: None Mayor Staackmann stated the purpose of this meeting was to discuss the purchase or sale of real estate, and personnel issues, and such topics are appropriate for Executive Session. Trustee Marcus then moved to adjourn to Executive Session to discuss the purchase or sale of real estate, and personnel issues. The motion was seconded by Trustee Thill and approved unanimously pursuant to a roll call vote at 5:02 pm. At the conclusion of the Executive Session, Trustee Marcus moved to adjourn the Special Meeting. The motion. was seconded by Trustee Grear and approved unanimously pursuant to a voice vote at 6:56 pm. Minutes by: Tony S. Kalogerakos Special meeting mist utes.02 -08 -10 CALL TO ORDER Village President Dan Staackmann called the meeting to order at 7:02 p.m. After leading the assemblage in the Pledge of Allegiance, he directed the Village Clerk to call the roll. Village Clerk Tony Kalogerakos called the roll. Present were: Trustees Dan DiMaria, tarry Gomberg, bill Grear, She[ Marcus, John Thill, and Maria Toth. lll. APPROVAL OF MINUTES a. Regarding the Minutes of the Special Meeting of January 25, 2010, Trustee DiMaria moved, seconded by Trustee Grear, to accept the Minutes as presented. There was no discussion. Motion passed unanimously via voice vote. b. Regarding the Minutes of the January 25, 2010 Regular Meeting, Trustee DiMaria moved, seconded by Trustee Toth, to accept the Minutes as presented. There was no discussion. Motion passed unanimously via voice vote. IV. SPECIAL REPORTS [ i V. PUBLIC HEARINGS NONE Vl, RESIDENTS' COMMENTS (Agenda Items Only) NONE VII. VIII. IX. 4A Ut6mf ebivary8,2010 Board EE PRESIDENT'S REPORT Mayor Staackmann proclaimed the month of February, 2010, as "Dating Violence Awareness Month" in Morton Grove. He said that dating violence is a reality for many young people, and said that this month provides an excellent opportunity for citizens to learn more about prevent- ing dating violence. He encouraged everyone to do whatever they could to prevent dating violence. Mayor Staackmann noted that Mrs. Dodee Connelly had passed away at the age of 90. Both she and her husband Paul served on the Park Board. Mrs. Connelly was active in too many organizations to mention. Her son is a community activist as well, Mayor Staackmann offered his personal condolences to the Connelly family, and said this is a loss for the entire Village. CLERK'S REPORT Clerk Kalogerakos had no formal report, but as liaison to the Cable and Telecommunications Commission, he did have a request. He asked residents to let him know if the Village's current community programming schedule works out for them. Clerk Kalogerakos asked residents to call him at 847- 965 -4100 and leave a message indicating whether or not they find the current programming times convenient or would like them changed. STAFF REPORTS A. Village Administrator Miscellaneous Reports and Updates a. Mr. Wade said that, under Trustee Thill's report this evening, is Ordinance 10 -03, which restricts parking in the neighborhood of Henning Ct. This is the case and the related ordinance that the Board remanded back to the Traffic Safety Commission at their last Board meeting. Mr. Wade said that he knows the Traffic Safety Commission is working on this and suggested the Board might want to table this ordinance until the next Board meeting. Mr. Wade noted that at 5:15 p.m. tomorrow night, the ad hoc Solid Waste Advisory Committee would be meeting to review proposals from several different vendors, including Ark, Groot, and Waste Management. Mr. Wade said that a letter has been sent out to businesses along Dempster regarding the Dempster Street construction project. The start date had originally been anticipated as being February 8, but the contractor had to get some additional authorizations from the Illinois Department of Transportation, which resulted in the start date being delayed to February 15. Mr. Wade announced that, on Monday, February 15 at 5;30 p.m., there would be a Special Meeting going into Executive Session to discuss the sale and purchase of property in the Lehigh - Ferris and Waukegan Road TIF Districts. e. Mr. Wade reported that a formal presentation of the proposals the Village has received to continue senior services would be made at the February 22, 2010 Board Meeting. Proposals have been received from the Morton Grove Public Library, Omega, Golden Friends, Sunshine Club, and the North Shore Senior Center. _ ...._. ,. _ M�AUtesr3f�sFrua �.�4'�ASoi�rtllVleeiiit IX. STAFF REPORTS (continued) 2. Presentation of Lincoln Avenue and Ferris Avenue Improvement Plans Mr. Wade then presented the Lincoln Avenue and Ferris Avenue Improvement Plans. He said that the goals of improvements on Lincoln and on Ferris were "traffic calming" and to improve pedestrian safety. The Village wants this area to be a pedestrian - friendly area. He noted that there are some decisions the Board needs to make, which will be brought up during the presentation. He then turned it over to Bill Neuendorf, Community & Economic Development Director, for further explanation. Mr, Neuendorf stated that this project has been around for several years. It stemmed from a public workshop held in 2006. He elaborated on the goals for this area: to slow traffic, increase vehicle and pedestrian safety, retain street parking, create a sense of "character, and beautification of the public way. The project will take place on Lincoln Avenue from Ferris to just west of School Street, and on Ferris Avenue from Dempster to Lincoln. It will focus on reducing road width, retaining parking, upgrading the utilities, and reducing the "cluttered" look. A new water main will be installed on Ferris Avenue. Curbs will be extended to narrow the roads and make it easier for people to cross the street. Several crosswalks will be added, including a dedicated crosswalk at Georgiana and Lincoln. All will be well - marked and some will include ornamentation. Two landscaped medians (similar to Main Street in Skokie) will be included. One will be near the Public Library and one at Ferris and Lincoln. These 7 -foot wide medians will feature low maintenance native plantings, some flowering, and will be irrigated. There will also be some dedicated green space in strategic places. Trustee Grear asked if any street parking would be lost as a result of these improvements and if so, how many spaces. Mr. Neuendorf said that there are currently 47 parking spaces along Lincoln Avenue; ten of which shouldn't be there in the first place for a variety of reasons (too close to intersections, etc.). After these improvements, there will be 24 parking spaces on Lincoln. But there will be a new parking lot behind the Fire Station which will add back 12 spaces. Along Ferris Avenue, there are currently 87 existing spaces (ten of which should not be there). After the improvements, 70 parking spaces are proposed, The project proposes new roadway lighting and a lower - height pedestrian lighting pole. Mr. Neuendorf then turned the presentation over to Village Engineer Chris Tomich to discuss the construction details. d. Mr. Tomich said that, although the area will be definitely be disrupted, two -way traffic should be able to be maintained on Ferris Avenue. On Lincoln, the Village anticipates detouring east- bound traffic and maintaining west -bound traffic. The Village coordinated with the Fire Department on the direction of the detour. He said that everyone is trying to be mindful of the east -west construction on Dempster Street. Mr. Tomich said he didn't really think a lot of people would be trying to use Lincoln Avenue as an alternate to Dempster Street. e. Trustee Marcus asked about the timeframe for construction on Lincoln and Ferris. Mr. Tomich said that bids would be solicited in March; the contract would be awarded in April; and construction would begin in mid -May. Construction would likely take place on Ferris Avenue first, because it was going to take some time for Commonwealth Edison to bury their utilities. He felt that Lincoln Avenue improvements would not begin until July. There is also going to be some resurfacing work being done on Lehigh Avenue; that will take place in April or May and will take 6 to 8 weeks. (Lehigh is part of the Lincoln Avenue project detour.) Construction in the area will likely continue through November of 2010. Mr. Tomich turned the presentation back to Mr. Neuendorf to talk about project costs. IX. :�Ilinutes. of i= el�rua ' �, �Et14 ��alyd eettn STAFF REPORTS (continued) Mr. Neuendorf said that the Lincoln /Ferris Area improvement Project is currently estimated to cost $3.2 million. This cost could be lowered by approximately $350,000 if several things were reduced or omitted. He said that the $3.2 million pricetag does not include the cost to bury the utilities. That would cost an additional $300,000 – $400,000, raising the total project cost to $3.6 million. He pointed out that there is enough money in the TIF Fund and in the 2007 bond funds to do this work. Mr. Neuendorf said the two questions the Board needs to answer are (1) does this meet the Village's expectations, and (2) should the scope be reduced by $350,000 by reducing or elimi- nating some components. These components would be: minimizing the ornamental lighting by eliminating the pedestrian lighting (a savings of $120,000):, reducing the sidewalk improve- ments using different (lesser) materials (a savings of $180,000)—Mr. Neuendorf cautioned the board that this option would also mean a reduction in the lifespan of the sidewalks (they would still meet the Village's Code, however); reducing the scope of the Memorial Plaza envisioned for "yard" area of the Fire Station (a savings of $20,000); and eliminating the enhanced cross- walk markings ( a savings of $30,000). The crosswalks would still be there, but the proposal calls for crosswalk markings embedded into the asphalt, which are much more durable and long - lasting. Trustee Marcus asked when the decision is needed. Mr. Tomich said the designers are ready to go; they're just awaiting the Village's direction. Staff would like to know before March 1 so they can either go forward or revise the plans. Trustee Marcus said that he would like to save the money but does not want to hurt the viability or the useable life of the improvements. He was concerned about the fact that Commonwealth Edison's estimate for burying the utilities went from an original $100,000 to the just- stated $300,000 – $400,000. Mr. Neuendorf explained that the increase is basically due to the expanded scope of the project. ComEd needs to bury more poles now than originally anticipated, Trustee Marcus said he was concerned by that, He said that he felt this project would be beneficial for the community and that the Village should move forward, but wanted to have more time in which to reevaluate the numbers. Trustee Grear asked if all of this work would take place within the Lehigh - Ferris TIF District. Mr. Neuendorf replied yes and said that it would be paid for out of the Lehigh - Ferris TIF Fund. He added that it will be 6 to 8 weeks before the Village receives "real" numbers from Commonwealth Edison, but felt that $300,000 was "in the ballpark." Mayor Staackmann noted that there used to be a provision in the Village's Franchise Agree- ment with Commonwealth Edison that they would have to bury their utilities at their own cost, should the Village make such a request. However, that provision was dropped from all of ComEd's franchise agreements by the Illinois Commerce Commission. Lehigh Avenue Commuter Parking Lot Mr. Wavle said the Village has purchased some parcels of property at Lehigh and Chestnut. The Village is looking at putting parking spaces on the three parcels on the north side of Chestnut or, if they can get a grant for funding, possibly even a parking garage. This could end up being a temporary surface parking lot while the Village goes through the grant process. Mr. Tomich said that he has looked at the parcels and talked to designers. For an estimated 112 spaces, it would cost the Village $400,000 – $500,000. They would need to provide deten- tion so some space would have to be reserved for that, possibly 30 feet on both the east and west end, for shallow detention ponds. The cost of the lot would also include lighting and 4 ilinu . tee oI ma 8; �i1 lei rte Mee�ii STAFF REPORTS (continued) some type of screening or shrubbery. Basically, it would cost about $5,000 per parking space to build it. As a comparison, Mr. Tomich said, it's costing $83,000 for 12 parking spaces behind the Fire Station on Lincoln Avenue, and it cost $400,000 for 30 parking spaces (two parking lots) on Dempster Street. This is relatively lesser expensive, and would be paid for by Lehigh - Ferris TIF funds. The parking lot could be dedicated to "residents- only" via permit. Mr, Tomich said he was prepared to talk to a design engineer and get a design; the goal would be to have construction underway this fall. b. Mayor Staackmann said that an enterprise fund could be set up so the revenue could go to the Village. Mr. Wade said that we have much greater flexibility with owning it. Mayor Staackmann said that such an enterprise fund could help maintain all the Village-owned parking lots. Mr. Wade said the parking lot could pay for itself within 5 years. B. Corporation Counsel: Ms, Liston had no report. X. A. Trustee DiMaria: Trustee DiMaria had no report. B. Trustee Gomberq; Trustee Gomberg had report. C. Trustee Grear: TRUSTEES' REPORTS Trustee Grear had no official report. He stated that the Chamber's recent VIP dinner had been a wonderful evening. He asked everyone to remember that the Morton Grove Foundation's "Taste" event is coming up on March 11. He also announced that a meeting of the Morton Grove Days committee would be held at Village Hall tomorrow (Tuesday, February 9) at 5:30 p.m. D. Trustee Marcus: Trustee Marcus had no report. M14.1. of brua �O �+o rd �llee in X. TRUSTEES' REPORTS (continued) E. Trustee Thill Trustee Thill presented Ordinance 10 -03, Amending Title 5, Chapter 13, Article F, Section 2 Entitled "No Parking During Certain Hours ", and Title 5, Chapter 13, Article F, Section 3B Entitled "Time Limit Parking Zones" of the Municipal Code of the Village. Trustee Thill explained that this matter had been remanded back to the Traffic Safety Commission for further consideration. He moved to table this ordinance to the March 8, 2010 Board Meeting. Trustee Marcus seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg A— Tr. Grear afire Tr. Marcus g�e Tr. Thill ave Tr. Toth afire 2. Trustee Thill then presented Resolution 10 -11, Authorizing the Acceptance of the Low Bid and Execution of a Contract with ERA Valdivia Contractors, Inc. For the 2010 North Station Tower Painting. Trustee Thill moved to approve Resolution 10 -11, seconded by Trustee Toth. Trustee Thill noted that eight bids had been received, and this was the lowest of them. (The contract amount is $212,800.) Trustree Grear said he was impressed that the bids had come in lower than anticipated. Trustee Marcus asked if this would be paid for out of the Capital Improvements bond issue. Mayor Staackmann said it would. Upon the vote, the motion passed: 6 ayes, 0 nays. Tr. DiMaria afire Tr. Gomberg aye Tr. Grear aye Tr. Marcus as e- Tr. Thill aae Tr. Toth aye 3. Trustee Thill introduced Resolution 10 -12, Authorizing the Acceptance of the Low Bids to Execute Separate Contracts with Plote Construction, Inc., Peter Baker and Son Company, and Ozinga Chicago RMC, Inc. for the 2010 Material Purchasing Program. Trustee Trill explained that the 2010 Materials Purchasing Program is necessary for the maintenance of Village streets, and includes the purchase of hot -mix asphalt, bituminous patching mixture, and Portland Cement concrete. He moved to approve Resolution 10 -12, seconded by Trustee DiMaria. Motion passed: & ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg awe Tr. Grear ,awe, Tr. Marcus aye Tr. Thill aye Tr. Toth Me 4. Trustee Thill echoed Trustee Grear's comments about the Chamber's VIP dinner, and thanked the Chamber for using a local facility. F. Trustee Toth: Trustee Toth had no formal report, but announced that the Community Relations Commission had extended its deadline for submissions for its "Most Memorable Morton Grove Moment" essay project to March 31, 2010. ii inutas cif •k niary 's, 201 06w X00. n OTHER BUSINESS I NONE XII. WARRANTS Trustee Gomberg presented the Warrant Register for February 8, 2010 in the amount of $529,895.49. He moved to accept the Warrants, seconded by Trustee Toth. Trustee Thill had several questions: On page 10, there is a check listed for $5,600 to Pinner Electric for street light maintenance and traffic signal repair. He wondered if it had been a repair due to an accident and whether the Village would be reimbursed. Finance Director Ryan Horne said this was something Pinner Electric had done that was outside of their maintenance contract with the Village. Public Works Director Andy DeMonte said the maintenance contract covers bulb cleaning, checking for outages, bulb replacement, etc. This was a repair due to an outage on Waukegan Road; there was also a problem with a traffic signal, Trustee Thill noted that there were a lot of checks being mailed to senior citizens who lived in condominiums, totaling $47,000. Mayor 5taackmann asked Mr. Horne to explain how much is refunded annually. Mr. Horne said this is a rebate for those seniors for the water. 258 indi- viduals are receiving a rebate. He said the overall program costs the Village $185,000 annu- ally, inclusive of this rebate. To qualify, one must demonstrate a financial need, qualified by receiving the senior freeze exemption. Trustee Grear said residents in single family homes get their rebates during the course of the year, because they see it on their water bill. Mr. Horne said it's not really a rebate, it's a discount. But residents in condos don't get indi- vidualized water bills, so it was decided by a past Village Board to provide them an annual rebate, There was no further discussion on the Warrants. Upon the vote, the motion passed: 6 ayes, © nays. Tr. DiMaria avee Tr. Gomberg nave Tr. Grear Ue Tr. Marcus aye Tr. Thill awe, Tr. Toth afire Xlll. RESIDENTS' COMMENTS Eric Poders commended Mr, Horne for the timeliness of the warrant register. He said they used to be approved and then posted on the website. Now they're posted in advance. Mr. Poders said that he had gone to the Maine Township Food Pantry to donate some food. He noted that a lot of people these days are finding themselves in need of food and going to food pantries. He encouraged everyone to tail Carol Langin at 847 -297 -2910 at the Maine Township Food Pantry or drop by with a donation. XIV. ADJOURNMENT/EXECUTIVE SESSION There being no further business, Trustee Marcus moved to adjourn the meeting. Trustee Thill seconded the motion. Motion passed unanimously via voice vote. The meeting adjourned at 8:07 p.m. PASSED this 22nd day of February, 2010. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 22nd day of February, 2010. Daniel J. Staackmann, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 23rd day of February, 2010. Tony S. Kalogerakos, Village Clerk Viflage of Morton Grove, Cook County, Illinois Minutes. 4Febru048, 2010 j3dard mebtintl Minutes by' Teresa Cousar Village of Morton Grove WHEREAS, Sexual Assault. Awareness Month is intended to draw attention to the fact that sexual . violence reana.ins an intolerable violent crime with public health implications for every person in Illinois; and WHEREAS, rape sexual assault, and violence impacts women, children and men of all racial, cultural, and economic backgrounds, many of v,Thorn can and do experience acquaintance rape, stranger rap, sexual assault by an intimate partner, gang rape, incest, stalking, serial rape, date rape, ritual abuse, sexual harassment, child sexual molestation, prostitution and human trafficking; and WHEREAS, according to a study conducted by the National Victim Center, 1.3 women age 18 and older in the United States are forcibly raped each minute; 78 per hour; 1,871 per day, or 683,000 per year; and. WHEREAS, one in four female college students reported they have been the victims of attempted or completed rapes; 80% of those were victimized by bovfriends, friends or acquaintances; and WHEREAS, an estimated 91% of rape and sexual assault victims were female, and nearly 99% of the offenders in single victim offenses were male; and WHEREAS, we must work together to educate the entire population about what can be done to prevent sexual assault, support survivors and their significant others, and ensure survivors are not victimized again; and WHEREAS, with leadership, dedication and encouragement there is compelling evidence we can be successful in reducing crimes against citizens living in Illinois through increased awareness and holding perpetrators who commit acts of violence responsible for their actions; and WHEREAS, the Village of Morton Grove strongly supports the dedicated efforts of the Northwest Center Against Sexual Assault (CASA) and rape crisis centers throughout the state to encourage every citizen to actively engage in public and private efforts to end sexual violence, including conversations about what sexual violence is, how to prevent it, how to help survivors connect with crucial services, and how every segment of our society can work together to better address sexual violence. NOW, THEREFORE, I, Daniel J. Staackmann, Mayor of the Village of Morton Grove do hereby proclaim the month of April 2010 as SEXUAL ASSAULT AWARENESS MONTH and urge all citizens of the Village of Morton Grove to commit to taking action against rape and sexual assault IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the Village of Morton Grove. Daniel f. Staackmann, Village President Village, of Morton Grove WHEREAS, from the earliest days in the Village of Morton Grove's history, a spirit exists within the community that has grown from its volunteers; and WHEREAS, the talents and energies from those special individuals who possess this spirit continues to be the Village's greatest resource; and WHEREAS, the Connelly Family exemplifies this spirit by serving on countless community, social and civic organizations; and WHEREAS, the Connellys have proven, by working together and giving of one's time and talents that lives can be changed and improved; and WHEREAS, the Connellys have been long time residents of the Village of Morton Grove and have prided themselves as individuals who can organize any type of group or event to help others; and WHEREAS, Paul, Dodee, and Bob Connelly have all been honored as Morton Grove Chamber of Commerce VIP recipients wherein their contributions and countless hours of volunteer work were recognized; and WHEREAS, the entire Connelly family have given tirelessly, from the heart, and never wished for accolades; and WHEREAS, it is only fitting that a grateful community honor the Connelly Family for their many hours spent raising money, organizing groups, and supporting worthwhile causes, giving selflessly of their time to the Village. NOW, THEREFORE, I, Daniel J. Staackmann find it fitting and appropriate to hereby proclaim March 1, 2010, as CONNELLY FAMILY DAY in the Village and may the Connelly Family spirit inspire others to become more engaged in the Village as we all work toward building a community for a better tomorrow. In witness hereof, I have hereunto set my hand and caused to be aff fixed the seal of the Village of Morton Grove. Daniel J. Staackmann, Village President Le islative Summary ORDIi�1ANCE 10 -raG AMENDING TITLE 1, CHAPTER 5, SECTION 8 OF THE MUNICIPAL CODE TO MODIFY THE MEETING AGENDA Introduced [ February 22, 2010 Objective To amend Title 1, Chapter 5, Section 8 of the Municipal Code entitled "Agenda ". Purpose: The purpose of this ordinance is to modify the Village Board's agenda to change the order of business to include a consent agenda. Background: Prior to 2005, the Village Board's agenda included a consent agenda. A consent agenda is part of the agenda of a Village Board meeting and includes ordinances and resolutions which are typically perfunctory or non- controversial in nature. Legislation under the consent agenda are introduced, explained, and discussed in the same manner as other resolutions and ordinances. Only one motion and one second is necessary to inove to approve or deny the items on a consent agenda. Trustees have the option to vote aye or t nay but that vote will be applied towards all of the ordinances and resolutions on the consent agenda. The Village President or any Trustee may remove any item from the consent agenda at any time prior to a vote being taken. Placing items of a routine nature on a consent agenda will free up valuable time and allow the Board and staff to focus on important presentations, and issues where significant debate is warranted. Programs, Departments Administration and Legal Departments or Groups Affected Fiscal Impact: Not applicable Source of Funds: Not applicable Workload Impact: The Administration and Legal Departments will implement this ordinance in the course of their normal duties. Administrator Approval as presented. Recommendation: Second Reading: Required — code amendment Special Considerations or None Requirements: s t fit.' Administrator Approval � , �Gf � Prepared by: .rose ! 11,. 7 ade, Village Administrator Teresa Hoffm P Corporation Counsel AN ORDINANCE AMENDING TITLE 1, CHAPTER 5, SECTION 8 OF THE MUNICIPAL CODE TO MODIFY THE MEETING AGENDA WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois is a home rule unit of government under the provisions of Article 7 of the Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village of Morton Grove, through its elected officials, has requested the order of business and the procedures relating to the order and conduct of business at Village Board meetings be reconsidered concerning the time and manner in which the business is conducted; and WHEREAS, an ordinance amendment is required to change the order of business as listed on regular Board meeting agendas; and WHEREAS, the Board deems it to be in the best interest of the community to implement modifications to the order of business on Board agendas. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 1 entitled Administrative, Chapter 5 entitled Village Board of Trustees, Paragraph 8 entitled Agenda of the Municipal Code is hereby amended by repealing the existing Paragraph 1 -5 -8 entitled Agenda which was implanted with Ordinance 05 -24 to be replaced with a new Paragraph 1 -5 -8, also to be entitled Agenda to read as follows: AGENDA: An Agenda shall be prepared by the Village Administrator's office with the concurrence of the Village President for each regular Board meeting. The agenda shall be posted and disseminated in conformance with the Illinois Open Meetings Act. The Agenda will include a Consent Agenda provided that each item to be included on the Consent Agenda will be clearly labeled and that any Trustee may request removal of an item from the Consent Agenda in which case said item will be considered during its regular turn on the Agenda. The Board of Trustees can amend the Agenda sequence at any time the evening of a scheduled Board meeting by a majority vote of those Trustees present. The order of business to be observed at all meetings of the Village Board shall be as follows: 1. Call to Order 2. Pledge of Allegiance 3. Roll 4. Approval of Minutes 5. Public Hearings 6. Special Reports T Resident Comments (agenda items only) 8. Consent Agenda 9. President's Report 10, Clerk's Report 11. Staff Reports a. Village Administrator b. Corporation Counsel 12. Report by Trustees 13, Other Business 14, Resident's Comments (non- agenda items for discussion) 15. Presentation of Warrants 16. Executive Session (if necessary) 17. Adjourm -nent (Ord 92 -57, 11 -9 -92; Ord 98 -11, 9- 14 -98; Ord 03 -01, 02- 24 -03; Ord 05 -24, 5- 23 -05) SECTION 4: This Ordinance shall be in full force and effect from and after its passage and approval. PASSED THIS 22nd DAY OF FEBRUARY 201.0. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 22 "a DAY OF FEBRUARY 2010 Daniel J. Staackmann, Village President Village of Morton Grove Cook County. Illinois ATTESTED and FILES in any office This 23rd day February 2010 . Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois I.Le2islative Summary ORDINANCE 10-05 AN ORDINANCE AMENDING VARIOUS SECTIONS OF TITLE 5 INCLUDING 5 -1 -5, ENTITLED COMPLIANCE CITATIONS, 5 -3 -2 ENTITLED VEHICLE LICENSE REQUIREMENTS, 5 -4 -19 ENTITLED VIOLATIONS SUITABLE FOR ENFORCEMENT BY COMPLIANCE CITATIONS, 5 -8 -4 ENTITLED PROHIBITED EQUIPMENT OR CONDITION Introduced Objective Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements- February 22, 2010 To update various sections of Title 5, to bring them in conformity with contemporary police operations, to prohibit vehicles with expired state registrations from parking on public rights -of -way, to prohibit vehicles with tinted or darkened windshields and front windows. The purpose. of this ordinance is to allow the Police Department the option of writing various state vehicle code violations as focal ordinance violations. All Village ordinances are reviewed from time -to -time to assure they are kept current and relevant. The Police Department has recommended Section 5 -1 -5 of the Municipal Code be deleted as the department will no longer be issuing compliance citations; instead, officers may write tickets for minor vehicle equipment and registration and parking violations as "Morton Grove Citations ". The department has also recommended Title 5, Chapter 3 which regulates the licensing of vehicles within the Villa��e be amended to make it unlawful for any vehicle to be stopped, parked, or left upon public streets where the state's registration plates have expired. Similarly. the Police Department has recommended Title 4, Chapter 8 which sets forth a list of prohibited equipment or conditions of vehicles to include additional prohibition against tinted or darkened windshields or front side windows. Amending the Village Code in this manner will allow the Police Department to issue citations and process such violations through the Village's Adjudication system. This ordinance will amend the Code pursuant to the Chief of Police's recommendation. Police Department Not applicable Not applicable. The Police Department will implement this ordinance in the course of its normal duties. Approval as presented. Required -- code atnendinent None Administrator Approval��i _ losephK' � `�l�V €lla�e ,�d:�in #strator Reviewed by: Mark Erickson, Police Chief Prepared by. .� �_� i r f--- Teresa Hoffman Liston, Corporation Counsel ORDINANCE 10 -05 AN ORDINANCE AMENDING VARIOUS SECTIONS OF TITLE 5 INCLUDING 5 -1 -5, ENTITLED COMPLIANCE CITATIONS, 5 -3 -2 ENTITLED VEHICLE LICENSE REQUIREMENTS, 5 -4 -19 ENTITLED VIOLATIONS SUITABLE FOR ENFORCEMENT BY COMPLIANCE CITATIONS, 5 -8 -4 ENTITLED PROHIBITED EQUIPMENT OR CONDITION WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village is continuously reviewing and as it deems necessary updating existing Municipal Codes (Code) to assure they are kept current and relevant: and WHEREAS, Village staff, especially the Chief of Police has recommended various sections of Title 5 of the Municipal Code of the Village of Morton Grove be amended including deleting Section 5 -1 -5 entitled Compliance Citations, and amending Section 5 -3 -2 entitled Motor Vehicles and Traff c, 5 -4 -19 entitled Violations Suitable for Enforcement by Compliance Citations, and Section 5 -8 -4 entitled Prohibited Equipment or Condition as further set forth in this Ordinance; and WHEREAS, the President and Board of Trustees have determined it will serve and be in the best interest of the Village to amend the Municipal Code pursuant to this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2. Title 5 -1 -5 entitled Compliance Citations is hereby deleted in its entirety. SECTION 3: Title 5, entitled Motor Vehicles and Traffic of the Municipal Code is hereby amended to revise Chapter 3, Section 2 entitled Vehicle License Requirements to read as follows: 5 -3 -2: VEHICLE LICENSE REQUIREMENTS-. A. Required: Every owner or operator of a motor vehicle or rnotorcycle /scooter who resides within the Village, or in the event said owner or operator is a business, whose principal. business address is located within the Village, or any owner or operator of a motor vehicle or motorcycle /scooter which is registered to an address within the Village of Morton Grove shall pay each year to the office of the Director of Finance /Treasurer a tax or license fee for the possession. or use of such motor vehicle or motorcycle /scooter within the Village. B. Application/Issuance: Every owner or operator of a motor vehicle or motorcycle /scooter defined in Paragraph "A" above shall file an application with the office of the Director of Finance /Treasurer, upon a form provided by that office, setting forth the name and address of the applicant, and a description of the motor vehicle or motorcycle /scooter for which the license is desired. Upon the payment by the applicant of the required fee, the Director of Finance /Treasurer shall cause to be issued a license sticker authorizing the use or possession of such motor vehicle or motorcycle /scooter within the Village until the expiration of such license. Such stickers shall be numbered serially, and bear the number and the year for which the license is issued. (Ord. 91 -48, 10 -28 -1991) C. Registration: A current Illinois state registration identification card must be presented at the time application for Village registration is made. Also, proof of age shall be required for a senior citizen vehicle license; applicant's current Illinois driver's license shall be deemed sufficient proof of age. (Ord. 73 -31., 8 -7 -1973; amd. Ord. 91 -48, 10 -28 -1991) D. License Sticker: Each Village license sticker shall be kept firmly attached to the lower left hand portion. of the windshield of the motor vehicle or motorcycle /scooter for which the license was issued in such location that it will not obstruct the driver's view. The Village's license sticker shall remain. firmly affixed at all times when such motor vehicle, motorcycle /scooter or trailer is operated, parked, stored or maintained on any public highway, street, alley, private driveway, private parking lot or storage lot located within the Village. (Ord. 91 -48, 10 -28- 1991) Any owner or operator of a motor vehicle or motorcycle /scooter described in Paragraph "A" above who comes into ownership or possession of such motor vehicle or motorcycle /scooter after April 30 of anv year shall have thirty (30) days after obtaining ownership or coming into such possession to register and pay the license fees or taxes and display the license sticker as set forth in Paragraph "A" and "D" above. (Ord. 75 -21, 9 -22 -1975; amd. Ord. 91 -48, 10 -28- 1991) E. Expired. Registration: No person may stop, park, or leave standing upon a public street, highway, or roadway, a vehicle upon which is displayed an Illinois registration plate or plates or registration sticker after the termination of the registration period for which the registration plate or plates, or registration sticker was issued or after the expiration date set forth in Section 3 -414 or 3 -414.1 of the Illinois Vehicle Code or in violation of Section 11- 1304.5 of the Illinois Vehicle Code (625 ILCS 5111 - 1304.5) as amended from time -to -time, and such vehicle shall. be deemed an unlawful vehicle pursuant to Title 5, Chapter 7 of the Municipal Code. SECTION 4: Title 5, entitled Motor Vehicles and Traffic of the Municipal Code is hereby amended to revise the title of Chapter 4, Section 19 to .now read as follows: VIOLATIONS SUITABLE FOR ENFORCEMENT BY MORTON GROVE CITATIONS. SECTION 5: Title 5, entitled Motor T ehicles and Traffic of the ?Municipal Code is hereby amended to revise Chapter 8, Section 4 entitled Prohibited Equipment or Condition to read as follows: 5 -8 -4: PROHIBITED EQUIPMENT OR CONDITION: A. Gas and Smoke: No person shall. operate any vehicle which emits dense smoke or such an amount of smoke or fumes as to be dangerous to the health of persons or as to endanger the drivers of other vehicles. D. Nonskid Device: No person shall. operate upon any street or public right-of-way any motor vehicle with any nonskid device so constructed that any rigid or nonflexible portion thereof cones into contact with the pavement or roadway. C. Noise: No person shall operate a vehicle in violation of the Village's noise control ordinance or which makes unusually loud or unnecessary noise. D. Tinted Windows: No person shall stop, park, or leave standing upon a public street, highway, or roadway, a vehicle which has a tinted or darkened windshield or front side windows or is in otherwise in violation of Section 5/12- 503(a) of the Illinois Vehicle Code (625 ILCS 5/12 - 503(a). E. Prima Facie Proof: The fact an automobile is registered in the name of a person shall be prima facie proof that such person was in control of the automobile at the time the vehicle was stopped, parked, or left standing or operated in violation of this chapter. SECTION 6: The terms and conditions of this ordinance shall be severable and if any section, term, provision, or condition is found to be invalid or unenforceable by any reason by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions, shall remain in full force and effect. SECTION 7: In the event this ordinance or any code amendment herein is in conflict with any statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinance, or resolutions but only to the extent of such. conflict. Except as amended in this ordinance, all chapters and sections of the Village of Morton Grove Village Code are hereby restated, readopted, and shall remain in full force and effect. SECTION 8: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 22"d day of February 2010. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 22n6 day of February 2010. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 23rd day of February 2010. Tony S. Kalogerakos, Village Clerk Village of Morton Grove- Cook County, Illinois Legislative Summary Resolution 10 -13 AUTHORIZING A RESIDENTIAL SOLID WASTE COLLECTION CONTRACT WITH GROOT RECYCLING AND WASTE SERVICES, INC. Introduced: Synopsis: Purpose: Background: Programs, Depts or Groups Affected Fiscal Impact: Source of Funds: Workload impact: Admin Recommend: Second Reading. Special Consider or Requirements: Respectfully submitted February 22, 2010 To obtain and subsequently approve a contract for the best possible price for the collection of solid waste and recycling services. Entering into a five -year a- gr cement for solid waste collection services will provide the Village residents with the best possible service at a very favorable price. The Village has contracted with Groot Recycling and Waste Services since 1987. In general, the service provided by Groot has been of excellent quality and customer service requests are handled in a timely and professional manner. The Village's current contract with Groot expires on April 30, 2010. In December 2009, the Village issued an RFP for waste removal services. Pour bids were received and a summary of the bids are as follows; * Fixed escalator 3.8% * ** Fixed escalator 3,5 %, 4 day collection ** GPI escalator 0" /o - 2.5% CPI escalator 2 %- 4o /a _ Rates do not include fall leaf disposal or billing of residents. Based on Groot's proposal, the Village negotiated with Groot and received additional favorable terms. The proposals were reviewed by the Village's Solid Waste Advisory Committee which, along with the Solid Waste Agency of Northern Cook County and Village staff have recommended the Village enter into a new five -year agreement with Groot, Under the terms of this agreement, the total per household cost for collection and tipping (disposal fees) will rernain unchanged. The single - family household cost will remain at $17.76 per month and multi- family household costs will remain at $12.27 per month.. The Village's staff will assume billing services and in the future residents will be billed for their waste removal and disposal fees as part of their bi- monthly water bill. While the cost per household will not change, the resident costs will increase. Previously, municipal taxes paid for the cost for tipping (disposal fees). Based on the 2010 Budget, residents will pay 100°/% of these fees through their bi- monthly bills. The cost of landscape stickers will increase to $2.00, however, residents will have the opportunity to pay a. one -time $125 a year fee for unlimited landscape waste removal. The cost of removal of white goods will increase to $30.00, and televisions will be included in the definition of white goods. This is significant since beginning in 2012, Illinois law will preclude the disposal of televisions with regular trash. Annual increases to Groot will be tied to the Consumer Price Index and will not exceed a maximum annual increase of 2,511/0 per year. Residents who choose to pay their solid waste bill early will still receive a 5% discount. Legal, Finance, and Administrative Departments The total per household cost for solid waste collection will not initially be increased. Residents will pay for solid waste collection services directly. The management and implementation of the agreement will be performed by the Legal, Finance, and Administrative Departments as part of their normal work activities. The Finance Department will undertake the responsibility for billing residents. Approval as presented. Not required None C! Prepared by: Josep".de, Village Administrator Teresa Hoffinan Isiston, Corporation Counsel Monthly. Rate Single-Family Multi-Family Lawn Waste Stiekers Arc (Republic)* 514.20 $ 8.80 52.00 Groot ** $11.54 $ 7,74 52.00 j Veolia* ** $16.64 $14.18 $2.50 Waste Management * * ** $18.30 $16.35 $2.50 * Fixed escalator 3.8% * ** Fixed escalator 3,5 %, 4 day collection ** GPI escalator 0" /o - 2.5% CPI escalator 2 %- 4o /a _ Rates do not include fall leaf disposal or billing of residents. Based on Groot's proposal, the Village negotiated with Groot and received additional favorable terms. The proposals were reviewed by the Village's Solid Waste Advisory Committee which, along with the Solid Waste Agency of Northern Cook County and Village staff have recommended the Village enter into a new five -year agreement with Groot, Under the terms of this agreement, the total per household cost for collection and tipping (disposal fees) will rernain unchanged. The single - family household cost will remain at $17.76 per month and multi- family household costs will remain at $12.27 per month.. The Village's staff will assume billing services and in the future residents will be billed for their waste removal and disposal fees as part of their bi- monthly water bill. While the cost per household will not change, the resident costs will increase. Previously, municipal taxes paid for the cost for tipping (disposal fees). Based on the 2010 Budget, residents will pay 100°/% of these fees through their bi- monthly bills. The cost of landscape stickers will increase to $2.00, however, residents will have the opportunity to pay a. one -time $125 a year fee for unlimited landscape waste removal. The cost of removal of white goods will increase to $30.00, and televisions will be included in the definition of white goods. This is significant since beginning in 2012, Illinois law will preclude the disposal of televisions with regular trash. Annual increases to Groot will be tied to the Consumer Price Index and will not exceed a maximum annual increase of 2,511/0 per year. Residents who choose to pay their solid waste bill early will still receive a 5% discount. Legal, Finance, and Administrative Departments The total per household cost for solid waste collection will not initially be increased. Residents will pay for solid waste collection services directly. The management and implementation of the agreement will be performed by the Legal, Finance, and Administrative Departments as part of their normal work activities. The Finance Department will undertake the responsibility for billing residents. Approval as presented. Not required None C! Prepared by: Josep".de, Village Administrator Teresa Hoffinan Isiston, Corporation Counsel RESOLUTION 10-13 AUTHORIZING A RESIDENTIAL SOLID WASTE COLLEC'T'ION CONTRACT WITH GROOT RECYCLING AND WASTE SERVICES, INC. WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and performm any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village of Morton. Grove and Groot Recycling and Waste Services, hic. currently are parties to a Residential Solid Waste Collection Contract originally dated May 1, 1987, as authorized by Ordinance 87 -10 for the provision of residential solid waste collection services within the Village of Moron Grove; and WHEREAS, certain amendments to the contract were made pursuant to Ordinance 89 -5 adopted on February 13, 1989, Ordinance 90 -25 adopted on March 26, 1990, Ordinance 92 -28 adopted on May 11, 1. 992, Ordinance 94 -6 adopted on March 28, 1994, Ordinance 97 -10 adopted on April 14, 1997, and Ordinance 99 -48 adopted on November 22, 1998, and Ordinance 04 -03 adopted on January 26, 2004; and WHEREAS, in December 2009, the Village issued a Request for Proposal to solid waste collectors for a new five year agreement with the Village for solid waste collection services; and WHEREAS, the Village received four proposals; and WHEREAS, the Village conducted a thorough analysis of municipal solid waste and recycling collection rate structures and reviewed all the supplemental information provided by the waste hauler with the Solid Waste Agency of Northern Cook County (SWANCC) and the Village's Solid Waste Ad Hoc Advisory Committee; and WHEREAS, a summary of these proposals are as follows: Fixed escalator 3.8% ** CPI escalator 0% - 2.5% ** Fixed escalator 3.5'/0, 4 day collection * * CPI escalator 2% - 4% Rates do not include fall leaf disposal or billing of residents. Monthly Rates Sin Ie- )Famii Multi-Family Lawn Waste Stickers Are (Republic)* $14.20 $ 8.80 I $2.00 Groot* * $11.54 $ 7.74 $2.00 Veolia * ** $16.64 $14.18 $2.50 Waste Management"" * * $18310 $16.35 $2.50 Fixed escalator 3.8% ** CPI escalator 0% - 2.5% ** Fixed escalator 3.5'/0, 4 day collection * * CPI escalator 2% - 4% Rates do not include fall leaf disposal or billing of residents. WHEREAS, current recycling and waste services have provided solid waste collection services to the residents of the Village of Morton Grove in a satisfactory manner; and NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village Administrator is hereby authorized to execute and the Village Clerk to attest to a contractual agreement with Groot Recycling and Waste Services, Inc. to provide residential solid waste collection services to the residents of the Village of Morton Grove. The Agreement for Residential Solid Waste Collection is attached hereto as Exhibit "A" and incorporated herein. for reference. SECTION 3: The referenced Agreement for Residential Solid Waste Collection Services between the Village of Morton Grove and Groot Recycling and Waste Service, Inc. will take effect on May 1, 2010, and residential households shall be billed directly and shall continue to pay Groot Recycling and Waste Services, Inc. for solid waste collection services beginning on that date. SECTION 4: The Corporate Authorities hereby authorize the Village President to sign and the Clerk to attest to a Solid Waste Collection Services Agreement between the Village of Morton Grove and. Groot Recycling and Waste Management. SECTION 5: The Village Administrator is hereby authorized to take all steps necessary to implement and manage said contract. SECTION 6: This Resolution shall be in full force and effect upon the date of its adoption, approval and publication according to law. PASSED this 22nd day of FEBRUARY 2010 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by ire this 22" d day of FEBRUARY 2010 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 23rd day of FEBRUARY 2010 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 10 -14 AUTHORIZING THE ACCEPTANCE OF A WATER SUPPLY AGREEMENT WITH THE VILLAGE OF MORTON GROVE AND THE VILLAGE OF GOLF Introduced: Synopsis: Purpose: Background: Programs, Depts or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second .Reading: Special Consider or Requirements: February 22, 2010 To authorize the Village President to execute a contract with the Village of Golf to supply water to their residents and businesses. Approval of this resolution and authorization of the Water Supply Agreement with the Village of Golf will formalize the Village's past practice of supplying excess water to that Village. The Village of Morton Grove receives water from the City of Chicago and has sufficient capacity to supply the needs of Village residents and businesses as well as the needs of residents and businesses of the Village of Golf. Morton Grove has supplied such water to the Village of Golf for several years. Village staff has negotiated an agreement with the Village of Golf under which the Village would continue to supply water to the Village of Golf until December 31, 2014. The Village of Golf has the right to renew this contract for an additional five year period under this Agreement. under the terms of the Agreement, the water rate charge to the Village of Golf shall be $3.90 per thousand gallons. When the Village receives an increase from the City of Chicago, the cost charge to the Village of Golf will be raised on a dollar per dollar basis commensurate with such increase. The Village of Golf will be responsible for the installation of all of its equipment and water mains, except the Village of Morton Grove will maintain the water vault and related equipment located at Palma and Narragansett, and Golf and Waukegan, as well as Golf's metering equipment located at said vault. The Village may investigate obtaining new water meters. To the extent possible, the Village of Morton Grove will include the Village of Golf in any bids and purchase of such meters. The Village of Golf shall pay for all meters for their customers. Also, in the event the Village transitions to meter reading through radio or other wireless transmissions, the Village will agree to read the Village of Golf's teeters with the Village of Golf paying the Village's out -of- pocket costs without mark -up for such services. It is the recommendation of the Village Administrator and the Director of Public Works the Village enter into such an Agreement. Legal, Finance, and Administrative Departments The Village will realize a profit from the sale ofwater to Golf Village of Golf The management and implementation of the agreement will be performed by the Legal, Finance, and Administrative Departments as part of their normal work activities. Approval as presented. Not required None Respectfully submitted: Josepl�'r. Wle, Village Administrator Reviewed by: ? , ✓'1 ,tidy DeMonte, Director of Public Works Prepared by: J'rt Teresa Ho fm�rtji,iston, Corporation Counsel RESOLUTION 10-14 AUTHORIZING THE ACCEPTANCE OF A WATER SUPPLY CONTRACT WITH THE VILLAGE OF MORTON GROVE AND THE VILLAGE OF GOLF 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, in cluding but not limited to the power to tax and incur debt, and WHEREAS, the Village of Morton Grove operates a water supply system for the treatment, pumping, and distribution of water from the City of Chicago and has sufficient capacities to supply the needs of the Village of Morton Grove residents and businesses, as well as supply the water needs of the residents and businesses of the Village of Golf; and WHEREAS, the Village of Morton Grove has for several years provided water to the Village of Golf; and WHEREAS, the Village of Golf and the Village of Morton Grove wish to have the Village of Morton Grove continue to supply such water to the Village of Golf, and pursuant to same, Village staff have negotiated a Water Supply Agreement which includes certain terms and conditions; and WHEREAS, under this Agreement, the Village of Morton Grove will continue to supply water to the Village of Golf until December 31, 2014, or until such time as the City of Chicago no longer supplies the Village of Morton Grove its water; and WHEREAS, such Agreement may be renewed at the election of the Village of Golf for an additional five year terin commencing January 1, 2015, and ending December 31, 2019; and WHEREAS, pursuant to the terms of such agreement, the water rate charged to the Village of Golf shall be increased on a dollar per dollar basis commensurate with any increases imposed by the City of Chicago to the Village of Morton Grove; and WHEREAS, the Village of Golf shall be responsible for the installation, repair, and maintenance of all its water mains, and the Village of Morton Grove shall be responsible for the maintenance of the water vault and related equipment located at Palma and Narragansett Avenue, and Golf Road and Waukegan Road, as well as Golf's metering equipment located at said vault. NOW, THEREFORE, BE IT RESOLVED BY T14E PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein. thereby making the findings as hereinabove set forth. SECTION 2: The Corporate Authorities hereby authorize the Village President to sign and the Clerk to attest to a Water Supply Agreement between the Village of Morton Grove and the Village of Golf in substantial confozrnity with Exhibit "A" attached hereto. SECTION 3: The Village Administrator and the Director of Public Works are hereby authorized to take all steps necessary to implement and manage said contract. SECTION 4: This Resolution shall be in full force and effect upon the date of its adoption., approval and publication according to law. PASSED this 22'd day of FEBRUARY 2010 Trustee DiMaria Trustee Gonnberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 22nd day of FEBRUARY 2010 Daniel ,I, Staackniann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 23 "" day of FEBRUARY 2010 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Exhibit "A" Water Supply Agreement between the Village of Morton Grove and the Village of Golf This Water Supply Agreement ("Agreement "), made and entered into as of January 1, 2010, by and between the Village of Morton Grove, an Illinois home rule Municipal Corporation located in Cook County, Illinois ( "Morton Grove ") and the Village of Golf, an Illinois home rule Municipal Corporation located in Cook County, Illinois ( "Golf'). Morton Grove and Golf are sometimes individually referred to as a "party" or "Village" and collectively as the "parties" or "Villages ". Witnesseth WHEREAS, Morton Grove has a water system for the treatment, pumping, and distribution of water from the City of Chicago with sufficient capacity to supply the needs of residents and businesses of both the Morton Grove and Golf, and so supplied same under prior agreements; WHEREAS, Golf wishes to continue to obtain for its users all of its water supply from Morton Grove, and Morton Grove wishes to continue to supply such water to Golf pursuant to the terms and conditions specified in this Agreement; and NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement, the parties hereby agree as follows: Delivery of Water I . Morton Grove shall furnish and sell to Golf, and Golf shall receive and purchase from Morton Grove, up to the amount of Golf s allocation of Lake Michigan water as determined by the Illinois Department of Natural Resources Division of Water Resources, or such. successor entity as may be established by the State of Illinois, or as may be determined from time -to -time in writing by Morton Grove and Golf during the terms of this Agreement. Initially upon execution. of this Agreement, the amount of water to be furnished shall be 86,000 gallons per day or such lesser amount as shall be required by Golf. The water so furnished shall be: a. Lake Michigan water of quality equal to that provided to Morton Grove residents and meeting the requirements of any federal, State of Illinois or local agency or governmental authority having jurisdiction over the operation of a public water supplies from time to time; b. Furnished to Golf, through Golf s metered connection located at Waukegan Road and Golf Road, and a second meter vault located at Patina Dane and Narragansett Avenue, and C. Except for emergency purchases, Golf shall not purchase Labe Michigan water from another supplier while this Agreement in is effect; provided that nothing in this Agreement shall prohibit (i) the Glen View Club from purchasing water from the village of Glenview or (ii) Golf from entering into any other water supply agreement from any other source that may be required by Golf during an emergency condition during which Morton Grove is not able to supply Gulf such water. For purposes of this Agreement, the terra "emergency condition" shall mean the inability of Morten Grove to furnish the water to meet Golf s normal requirements due to a failure of Morton Grove's water system main.'s supply or equipment, or a temporary shortage of water due to abnormal water requirements for firefighting needs. d. Morton Grove shall not be responsible in any way for any interruption or failure to supply water to Golf or any of Golf's water customers, and Golf waives and releases all claims against Morton Grove for damages of any kind, nature, and description that may arise as a result of Morton Grove's Agreement to furnish water and other related services as set forth herein, provided that the foregoing waiver and release of damages shall not prevent Golf from seeking to specifically enforce the terms of this Agreement or exercising other legal remedies expressly provided in this Agreement. 2. Morton Grove shall immediately notify Golf of any emergency or condition that may affect the supply or quality of water delivered by Morton Grove to Golf. if it becomes necessary for Morton Grove to limit the delivery of water to its Morton Grove residents for any reason, then to the extent practical, Morton Grove shall make reasonable efforts to apportion the available water supply to Morton Grove residents and Golf residents on a non - discriminatory basis. Water hate 3. The rates for all water delivered to Golf by Morton Grove under this Agreement shall be as follows: a. The purchase price of water shall be measured in 1,000 gallons with a base price of X3.65. b. The water rate shall increase on a dollar for dollar basis commensurate with any actual increase imposed by the City of Chicago to the Village of Morton Grove beginning January 1, 2010. Both parties acknowledge for 2010 the City of Chicago shall impose a 14% increase that will convert to a dollar increase of $.25 per 1,000 gallons which will be passed along to Golf bringing its 2010 rate at $3.90 per 1,000 gallons. Any City of Chicago increase beyond 2010 is unknown. 4e Morton Grove shall notify Golf in advance of the effective date of any rate increase from the City of Chicago. Such rate increases shall take effect not less than thirty (30) days after such notice. Notwithstanding other provisions of this Agreement to the contrary, if rate increases result in the purchase price of water that is charged to Golf being increased within any 12- month period during the term by more than 20% (when measured against the price in effect at the beginning of such 12 -month period), then Golf shall have the right, at any time by giving notice to Morton Grove, to terminate this Agreement, subject to the following: Golf shall first provide notice of its intent to terminate and then provide a second notice specifying the effective date of termination, which second notice, if given, shall be given not less than 1.80 days after the giving of the first notice and shall specify a date of termination not less than 30 days after the second notice. if Golf connects to the village of Glenview, in such event., the parties shall cooperate to effectuate such transition. 2 Milling Procedures 5. Morton Grove shall bill Golf for all water supplied, on or before the 3rd day of each month during the term of the Agreement (by email at the address provided below). This amount shall be payable to Morton Grove by no later than twenty -one (2 1) days after Golf receives such a bill. In the event Golf fails to timely pay Morton Grove for any water supplied, Golf shall pay in addition to all amounts owed an interest on all unpaid balances at the rate of 8% per annum. 6. In the event Golf fails to pay for said water supply when due, then after sixty (60) days notice, Morton Grove shall also have the right to declare this Agreement terminated and of no further force or effect, in addition to any other remedies available to Morton Grove. However, if within sixty (60) days after receipt of such notice Golf pays all amounts then due, this Agreement shall continue in full force and effect. Golf shall have the right to continue receiving water during said sixty (60) day cure period. 7. In the event Golf is delinquent in paying said water obligation when due for two or more consecutive billing cycles, then at Morton Grove's discretion, Golf shall be required to provide a payment bond, letter of credit, or such other security in favor of Morton Grove in azh amount sufficient to guarantee payment of any outstanding and estimated (period not to exceed three [3 ] months), future monthly billing. Metering and Equipment 8. Golf shall be responsible for the installation, repair, and maintenance of all its water mains. Said mains shall continue to be owned by Golf, and Golf shall be solely liable for the condition of said mains and equipment and shall hold Morton Grove harmless, defend, and indemnify Morton Grove regarding all claims with respect thereto. Morton Grove will for the duration of this Agreement maintain the water vaults and related equipment located at Palma Lane and Narragansett Avenue, and Golf Road and Waukegan Road, as well as Golf's metering equipment located in the above meter vaults. Golf and Morton Grove will cooperate in testing meters to ensure proper calibration. The employees of Morton Grove shall maintain a jour7hal or record book of the readings of each of Gobs meter stations and snake such journals or record boobs available to Golf and its agents or inspection upon request. 9. Morton Grove shall, for the duration of this Agreement, conduct leak detection on Golf's water mains two times per year (once each summer and winter, by measuring usage on each date once at 3:00 a.m. and then again at 4:00 a.m., for example, when usage is ordinarily expected to be very low), and during times of large suspected water losses. Leak detection shall not be provided for individual residential services. The cost of said leak detection shall be borne by Morton Grove. 10. All water meters for Golf's water customers shall be supplied by Golf. Golf shall be responsible for billing its water customers and the collection of said bills. Notwithstanding anything to the contrary, Morton Grove has advised Golf it may consider an outsourced meter replacement program during the terms of this Agreement. In the event Morton Grove solicits bids for such program, Morton Grove shall, at the direction: of Golf, include Golf in. all requests for bids. Any cost to obtain or install said meter replacement, shall be borne by the Village requesting such meters. In other words, .meters installed within the Village of Morton Grove shall be Morton Grove's responsibility, and meters installed within the Village of Golf shall be Golf's responsibility. 11. In the event Morton Grove and Golf installs meters capable of being read through radio, or other wireless transmissions, Morton Grove will agree to read such meters and provide Golf with individual meter readings in a format agreed upon by both parties, whereby the cost to Morton Grove of providing such meter reading is passed through without mark -up to Golf as mutually agreed by both parties. Morton Grove shall, if such information is available, provide Golf with a list of non - functioning meters. It shall be Golf's sole responsibility to make any and all meter repairs promptly. Reporting Requirements 12. Both parties agree to supply current emergency contact information to the other. Said information shall be updated as changes may occur. 13. Golf shall notify Morton Grove in writing, and keep Morton Grove informed as to such person or persons in charge of the operations of Golf s water system. Morton Grove shall notify Golf in writing, and keep Golf infon -ned as to such person or persons in charge of the operations of Morton Grove's water system. "mater Quality 14. Golf shall be solely responsible for maintaining the water quality of any water supplied by Morton Grove at any point beyond the meter supply vault and within Golf s distribution system, in accordance with the requirements of any federal, State of .Illinois or local agency or governmental authority having jurisdiction over the operation of a public water supplies from time to time, Morton Grove bears no responsibility for water quality at any point beyond the meter supply valves. Morton Grove shall maintain water quality within its system to the point of connection with Golf in accordance with this Agreement and will conduct bacterial and other water quality tests as required by the EPA or IEPA. 15. Golf shall conduct bacterial and other water quality tests as required by the EPA or IEPA. Upon request, Golf agrees to gather all necessary water samples from Golf's transmission and distribution system and deliver them to Morton Grove for appropriate testing. Morton Grove will share upon request with Golf the results of all sampling and testing of water samples fi°om Morton Grove's transmission and distribution system. 16. Morton Grove shall have the right to make inspections of any part of Golf's water distribution system that may affect the quality of water supplied to Golf, and to perfonn any test required by law. Morton Grove, at its cost, will promptly repair any damage to Golf's water distribution system arising from such inspections. 17. Neither Morton Grove nor Golf shall be in breach of this Agreement nor shall either be liable for darnages to the other which are caused by circumstances Beyond the control of any party hereto, including but not limited to acts of God, the public enemy, floods, fire, earthquakes, or such other natural or manmade disasters, state or federal action, strikes, or failure or breakdown of transmission, or other damages which are not due to any party's failure to exercise reasonable due diligence and care. 4 Mutual Indemnity 18, A. Golf shall indemnify, keep and save harmless Morton Grove, its officials, agents, employees, and volunteers against all injuries, deaths, loss, damages, claims, patent claims, suits liabilities, judgments, costs and attorneys' fees and any other expenses, which may in any way accrue and be brought in the name of third parties against Morton Grove, its officials, agents, en-iployees, and volunteers, in consequence of: (a) any liabilities for any loss or damage to property or any injury to, or death of, any person that may be occasioned by or related to any cause whatsoever pertaining to the construction., maintenance, or operation of the Golf water distribution and transmission system or (b) any liabilities, losses, or damages or claims therefor, arising out of the failure, or claimed failure, of Golf to comply with its covenants or obligations contained in this Agreement, including, ill each such case, any attorneys' fees. If any such claim is asserted, said parties shall give prompt notice to Golf, which if requested by Morton Grove, shall assume the defense thereof, it being understood, however, that Golf shall not settle or consent to the settlement of any such claim without the written consent of Morton Grove, which consent shall not be unreasonably withheld or delayed. B. Morton Grove shall indemnify, keep and save harmless Golf, its officials, agents, employees, and volunteers against al.l injuries, deaths, loss, damages, claims, patent claims, suits liabilities, judgments, costs and attorneys' fees and any other expenses, which may in any way accrue and be brought in the name of third parties against Golf, its officials, agents, employees, and volunteers in consequence of: (a) any liabilities for any loss or damage to property or any injury to, or death of, any person that may be occasioned by or related to any cause whatsoever pertaining to the construction, maintenance, or operation of the Morton Grove water distribution and transmission system or (b) any liabilities, losses, or damages, or claims therel ©r, arising out of the failure, or claimed failure, of Morton Grove to comply with its covenants or obligations contained in this Agreement, including, in each such case, any attorneys' fees. If any such claim is asserted, said parties shall give prompt notice to Morton Grove, which if requested by Golf, shall assume the defense thereof, it being understood, however, that Morton Grove shall not settle or consent to the settlement of any such claim without the written consent of Golf, which consent shall not be unreasonably withheld or delayed. Disputes, ,Severability and General Provision Regarding Interpretation 19. If either party fails materially to perform its obligations under this Agreement, and such failure persists for more than thirty (30) days after written notice of such default is given to non- performing party, the other party may tenuinate this Agreement upon not less than 90 days prior to the date on which the termination of this Agreement is to become effective. Either party may seek injunctive relief in the Circuit Court of Cook County, Illinois concerning interpretation or enforcement of this Agreement or concenring an alleged breach. In any such proceeding, the party substantially prevailing shall be entitled to recover its attorneys' fees, as determined by the court, and if no party substantially prevails, then each side shall bear its own attorneys' fees. 20. If any clause, phrase, provision, or portion of this Agreement or its application to any circumstance shall be invalid or unenforceable under applicable law, such event shall not affect, impair, or render invalid or unenforceable the remainder of this Agreement nor any other clause, phrase, or provision, nor shall it affect the application of any clause, phrase or provision to other circumstances. This Agreement shall be deemed to be an intergovernmental agreement made under and shall be construed in accordance with and governed by the laws of the State of Illinois. 21. This Agreement shall not be construed in any manner to limit the power or authority of a Village to maintain, operate, improve, manage, construct, reconstruct or repair its own water distribution and transmission system as best determined by such Village. 22. This Agreement is not intended and shall not be construed as in any manner as constituting one Village (including its elected officials, duly appointed officials, officers, employees and agents) the agent, representative or employee of the other Village for any purpose or in any manner, whatsoever. Each Village shall remain independent of the other Village with respect to all services performed under this Agreement, 21 Each Village warrants and represents to the other Village and agrees that (i) this Agreement is executed by duly authorized agents or officers of such Village and pursuant to all applicable and substantive requirements; (ii) this Agreement is binding and valid and will be specifically enforceable each Village; (iii) this Agreement does not violate any presently existing provisions of law or any applicable order, writ, injunction or decree of any court applicable to such Village. 24. Each Village will provide a resolution or ordinance from its respective governing board, acceptable to the other, authorizing the execution of this Agreement by such agents, prior to the date of such execution. 25. This Agreemment constitutes the entire agreement between the Villages and supersedes any and all other agreements, oral or written, between the Villages with respect to the subject matter hereof, including all prior agreements regarding the sale and purchase of water. 26. This Agreement shall be binding upon and inure to the benefit of the Villages, their successors and assigns; however, neither Village may assign, transfer, sell, grant, convey, cede or otherwise give over, in any .manner, any of its duties, obligations or responsibilities as contained in this Agreement without first obtaining the expressed written consent of the other Village. This Agreement is for the sole and exclusive benefit of the Villages, and no third pail is intended or shall have any rights hereunder except as may otherwise be specifically provided in this Agreement. 27. This Agreement may be executed in multiple identical counterparts, and all of such counterparts shall, individually and taken together, constitute this Agreement. )Notices 28. Unless expressly provided otherwise herein, all notices and other communications in conrieetion with this Agreement shall be in exiting, and shall be deemed delivered to the addressee thereof when delivered in person at the address set forth below, overnight express delivery, or mailed by United States registered mail or certified mail, postage prepaid, properly addressed to the Parties, respectively, as follows: 6 For notices and communications to Morton Grove: Village of Morton Grove 6101 Capulina Avenue Morton Grove, IL 60033 Attention: Village Manager For notices and communications to Golf: Village of Golf 1 Briar Lane Golf, IL 60029 Attention: Village President By notice complying with the foregoing requirements of this section, each party shall have the right to change the address or addressee, or both, for all future notices and communications to such party, but no notice of a change of address shall be effective until actually received. Billing invoices to Golf shall be delivered to: villaaeofE�olfnvillageofgolt:us or other email address supplied by Golf. Any notices or communication will be deemed delivered to the party receiving such communication (l) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; or (4) on the delivery date if transmitted by confirmed email. Terns of agreement 29. This Agreement shall remain in full force and effect until December 31, 2014, or until such time as the City of Chicago no longer supplies Morton Grove its water. However, this Agreement may be renewed, if Golf shall give written notice of such election to Morton Grove on or before July 1, 2014, in. which case this Agreement shall renew for an additional five (3) year term commencing January 1, 2015 and ending December 31, 2019. Village of Golf By: Jerry Daus, Village President Attested: By: Ann Erie, Village Clerk 7 Village of Morton Grove By. Daniel J. Staackmann, Village President Attested: Tony S. Kalogerakos, Village Clerk Le istative Summa Resalutia� 10 -15 AUTHORIZATION TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DIXON ENGINEERING, INC. FOR MANAGEMENT AND INSPECTION SERVICES FOR THE 2010 NORTH STATION WATER TOWER PAINTING Tntrodueed: February 22, 2010 Synopsis: To authorize the Village President to execute a professional services agreement with Dixon Engineering, Inc. for management and inspection for the 2010 North Station Water Tower Painting Project. Purpose: The elevated water storage tank was last painted 15 years ago and is now in need of minor steel restoration and repainting. It is necessary to diligently inspect each critical phase of steel preparation and paint coating applications throughout the water tower painting project. Background: The 750,000 gallon elevated water storage tank located at the North Pumping Station, 8820 National Avenue was built new and painted in 1995. Dixon Engineering performed a preliminary maintenance inspection on November 12, 2007, from which Dixon developed painting specifications for the painting project. The Village Board passed a resolution for the 2010 . North Station Water Tower Painting on February 8, 2010. Programs, (Departments Departments - Public Works, Fire Department or Groups Affected Groups — All residents Fiscal Impact: The professional services agreement is a cost -plus fixed fee contract for a value not -to- exceed $19,980. Source of Funds: The 2010 Enterprise Fund — Account No. 405033 - 552140. Workload Impact: The management and implementation of the professional service agreement is performed by the Public Works Department, Water and Engineering Divisions as part of their normal work activities. Administrator Approval as presented. Recommendation: First Reading: February 22, 2010 Special Considerations Public Works will retain the services of Dixon Engineering, Inc. in 2011 to develop painting or Requirements: specifications and perform management and inspection for the South Water Tower Painting at 6042 Oakton Street. Respectfully submitted: e, 1 W 1Lhd Ifui X11 Jose F. ade, Village Administrator ,. i 7 Reviewed b Prepared by: ` °�.���,, , �' f`�k �`F�, � y. � Joseph J. Dafin -., Assistant Director of Public Works Teresa Ho Corporation Counsel RESOLUTION 10-15 AUTHORIZATION TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DIXON ENGINEERING, INC. FOR MANAGEMENT AND INSPECTION SERVICES FOR THE 2010 NORTH STATION WATER TOWER PAINTING 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, on February 9, 2010, the Village Board passed Resolution 10 -11 for the painting of the North Water Tower at 8820 INati.onal Avenue; and WHEREAS, it is necessary to have professional quality control and inspection services for paint coating applications and steel repair to the water tower superstructure; and WHEREAS, on January 22, 2010, the Public Works Department sent out a Request for Proposal to four (4) engineering firms to perform Project Management and Inspection; and WHEREAS, two (2) engineering firms submitted proposals; and WHEREAS, Dixon Engineering, Inc. was selected as the consultant based on their experience in the water tank field, and WHEREAS, Dixon Engineering, Inc. performed the original inspection and developed the painting specifications for the North Station Water Tank. Painting Project; and WHEREAS, the professional services agreement is a cost -plus fixed fee contract for a value not -to- exceed $19,980; and WHEREAS, funding for the above service is included in the 2010 Enterprise Fund in account no. 405033- 552140. 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 malting the findings as hereinabove set forth. SECTION 2: The Village President of the Village of Morton Grove is hereby authorized to execute, and the Village Clerk to attest, a contract with the Dixon Engineering, Inc. in an amount not- to- exceed $19,980. SECTION 3: This Resolution shall be in full force and effect upon its passage and approval. PASSED this 22'` day of FEBRUARY 2010 . Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus frustce T hill Trustee Toth APPROVED by me this 22 "d day of FEBRUARY 2010 Daniel J. Staacknnat n, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in any office This 23rd day of FEBRUARY 2010 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 1.0 -16 AUTHORIZING THE EXECUTION OF A CONTRACT WITH CHICAGOLAND PAVING CONTRACTORS, INC. FOR THE 2010 STREET~ IMPROVEMENT PROGRAM Introduced: February 22, 2010 Synopsis: To authorize the Village President to execute a contract with Chi.cagoland Paving Contractors, Inc. for the 2010 Street Improvement Program. Purpose: The 2010 Street Improvement Program is necessary to maintain the quality, drainage, and drivability of the streets in the Village. The current program includes the resurfacing and ancillary improvements on Marion Avenue from Greenwood Avenue to dead end; Marion Avenue from dead end to Beckwith Road; Church Street from Harlem. Avenue to Marion Avenue; Marmora Avenue from Oakton Street to Washington Street; as well as a surface patch on Waukegan Road at the intersection of Emerson Street. Background: This contract was bid through a public process in which the contract was advertised and sealed bids were received. Fourteen bid packages were purchased and eight bids were submitted (bid tabulation attached). Chicagoland Paving Contractors, Inc. of .Lake Zurich, Illinois was determined to be the lowest responsible bidder. Chicagoland's qualifications and availability were verified and the proposal amount is $59,383 less than the Engineer's estimate of cost. The bid process conformed to the Village's purchasing requirements and, as required, is in conformity with the Illinois Prevailing Wage Act. Village staff has recommended the bid froin Chicagoland Paving Contractors, Inc. in the amount of $290,152.50 be accepted. Programs, Departments Public Works, Engineering Division or Groups Affected Fiscal Impact: The estimated contract value is $290,152.50. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. 3 Source of Funds: Capital Project Fund 305060 - 553300. Proceeds from the 2010 (Forward Morton Grove) bond issue. Workload Impact` The Public Works Department, Engineering Division, as part of their normal work activities, performs the management and implementation of the proga-am.. Administrator Approval as presented. Recommendation: i First Reading: 1 NIA Special Considerations or None Requirements: Respectfully submitted.: O� r dly Reviewed by: JosepWK WAde, Village Administrator Teresa Hoffi-nan Liston, Corporation Counsel Pre b _ Reviewed by Prepared y p' . C. Chris Torni.ch, Village Engineer Andy DeMonte, Dir. Of Public Works AUTHORIZATION TO EXECUTE A CONTRACT WITH CHICAGOLAND PAVING CONTRACTORS, INC. FOR THE 2010 STREET IMPROVEMENT PROGRAM WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and 'incur debt; and WHEREAS, the 2010 Street Improvement Program is necessary in order to maintain the Village's infrastructure; and WHEREAS, the 2010 Street Improvement Program includes the following streets: Street MARION AVENUE MARION AVENUE CHURCH STREET MAR -MORA AVENUE WAUKEGAN ROAD Limits Greenwood Avenue to dead end Dead end to Beckwith Road Harlem Avenue to Marion Avenue Oakton Street to Washington Street At the intersection of Emerson Street WHEREAS, the Public Works Department advertised in the January 28, 2010, issue of the Pioneer Press Newspaper inviting bids on the "2010 Street Improvement Program "; and WHEREAS, the notice for this contract was published for fourteen calendar days prior to the date set for the receipt of bids; and WHEREAS, the bidding procedures comply with purchasing requirements of Municipal Code Title 1, Chapter 9, Article A, Section 2; and WHEREAS, the terms of this contract will comply with the Illinois Prevailing Wage Act; and WHEREAS, Fourteen bid packages were purchased; and WHEREAS, eight bids were received., publicly opened and read at the Public Works Facility at 10:00 a.m. on Tuesday, February 16, 2010, with the corrected bid results as follows: Contractor Total Chicagoland Paving Contractors, Inc. $290,152.50 Arrow Road Construction Company $296,871.20 A Lamp Concrete Contractors $298,611.50 Schroeder Asphalt Services, Inc. $323,279.50 J. A. Johnson Paving Company $332,541.50 Peter Baker & Son Company $362,139.05 G & M Cement Construction, Inc. $380,878,65 Abbey Paving Company, Inc. $381,969.40 ME and WHEREAS, the low bidder is Chicagoland Paving Contractors, Inc. of Lake Zurich, Illinois; WHEREAS, the qualifications and availability of the low bidder have been verified; and WHEREAS, the low bid of Chicagoland Paving Contractors, Inc. is 559,383 less than the Engineer's Estimate of Cost; and WHEREAS, funding for the above work in the amount of $290,152.50 can be included in the Village of Morton Grove 2010 amended Budget in Account Number 3)05060- 553300. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: Section 1. The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. Section 2. The Corporate Authorities accept the bid of Chicagoland Paving Contractors, Inc. in the amount of $290,152.50 and waive all technical bidding defects for the 2010 Street Improvement Program bids. Section 3. The Village President of the Village of Morton Grove is hereby authorized to execute and the Village Clerk to attest to a contract with Chicagoland Paving Contractors, Inc., based upon their bid for the 2010 Street Improvement Program in the amount of $290,152.50. Section. S. The Village Administrator, Director of Public Works, Village Engineer and /or their designees are hereby authorized to take all steps necessary to oversee and implement this contract. Section 6. This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 22nd DAY OF FEBRUARY 2010 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 22nd DAY OF FEBRUARY 2010 Daniel J. Staackmann, Village President Village of Morton Grove Coop County, Illinois ATTESTED and FILED in my office This 23`d DAY OF FEBRUARY 2010 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois a W a Q r! rn `� u o" U � m m 3 3 Q E E a O 7 � o � � S W � Q � n� W � Q � a G 0 K j i � 1fi i 1 1 i I i a ;h � �ooN Sale aG o o c_ CN❑] S EOEE a� N o 0 c 0 0 �' c a � � c eGi cai. M n �. � C m M3erEn ''���3n�� 33 « � !� m v�i�v �v❑i aim ��� NjMN 0 of� S�$ oE� pia oEa g W lli 11133 i �j�[ E jo a OW. F Ic Q o�r ' €rvlry ME� f[ o« 91 W y.. � p WEU O J ❑ Z Z 0 0 P 6 0 b��❑ 4.Q ryG p !.J N Q ❑ N�aa a U ¢ y V [�: ¢¢ ¢¢ W u] U V ¢ GG W WrW U U ¢¢ ¢¢ L] V G[F ¢¢ W O €O pp G O Z T O Q b r v�itu�U 1]jG T rY �, w i 3 Irl lz i i b Wi Q C » C 33 Ir i3 i Z J ~ W' L a E � ❑© M iy} Z Z 2 11 S ❑fG'�i:" I4 ' 7� U% W ul W kr. :i• W W OIL ) O ti p.J � Why, � ) �� "'i� O( jL C `�` 2 z C7 IX -4 .4 C V L.i'3L U. 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Iili a u 7 Siv c 2 1 5 '' o N N u J e x C F C C r c w �Z u w � N } Li SIN � a � � r.v' ` W F �. T ��y ✓ �iC�! 1> ry u S�cj_n o S m �Ew 5 F ffi a Le islative Summar Resolution 10 -17 AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH AYRES ASSOCIATES, INC. FOR 2010 AERIAL PHOTOGRAMMETRIC MAPPING Introduced: February 22, 2010 Synopsis: To authorize the Village Administrator to execute a professional services agreement with Ayres Associates, Inc. for aerial photograrnmetric mapping in 2010. Purpose: To obtain aerial photography, planimetric data, and topography information that will be utilized with the Village's Geographic Information System(GIS). Background: Each year, as a member of the GIS Consortium., the Village participates in collective purchasing of aerial photography services and data with fifteen other member communities. One -fifth of the community is mapped each year so every five years the data is updated. The data obtained includes aerial photography, planimetric information such as buildings, roads and paged surfaces, drainage (lakes /ponds and ditches), utilities, vegetation and structures (fences, decks, pools, signs, mail boxes, etc.), along with topographic information which includes contours and spot elevations. Programs, Departments ' All Village Departments that utilize the GIS system, as well as Village or Groups Affected residents and businesses. Fiscal Impact: The amount of the contract is a not -to- exceed value of $10,620.00 Source of Funds: General Revenue: Account 022025 - 552110. Workload Impact: The management and implementation of the program is performed by the Public Works Department, Engineering Division as part of their normal work activities. Administrator Approval as presented. Recommendation: First Reading: E Not required Special Considerations or None Requirements: Respectfully submitted:;,,. ' JosepC F. Wade, Village Administrator Prepared by: _:.... E, Reviewed by. Chris "romich, Village Engineer Reviewed by: Teresa Hoffman Liston, Corporation. Counsel Andy DeMonte, Director of Public Works �TINHI LINK[I r AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH AYRES ASSOCIATES, INC. FOR 2010 AERIAL PHOTOGRAiV METRIC MAPPING 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 desires to utilize a geographic information system (GIS) to assist in the service, maintenance, and long range planning of its operations; and WHEREAS, in order to reduce costs, the Village participates with fifteen other municipalities in the Geographic Information System Consortium (GISCon), to develop and share GIS information and software; and WHEREAS, aerial photogrammetric mapping is an integral part in the development of the Village's GIS system; and WHEREAS, planimetric information will be prepared following updated aerial photography, which will include buildings, roads and paved surfaces, drainage (lal(eslponds and ditches), utilities, vegetation and structures (fences, decks, pools, signs, mail boxes, etc.); and WHEREAS, topographic information will be collected, which will provide the Village with updated information relating to contours and spot elevations, which are helpful in evaluating resident concerns regarding parcel drainage; and WHEREAS, as a member of GISCon, the Village is able to take advantage of the Consortium's collective bargaining power to obtain these services at a reduced rate; and and WHEREAS, GISCon customarily solicits for these contractual services on a four -year interval; WHEREAS; in the spring of 2008, twenty consultants who specialize in the field of aerial photography were contacted and a Qualification Based Selection (QBS) process was used to select Ayers Associates Inc.; and WHEREAS, through a joint purchasing program, GISCon has negotiated reduced rates with Ayres Associates, Inc. for aerial photogrammetric mapping services by coordinating their services through all participating GISCon communities; and WHEREAS, Ayres Associates, Inc. has proposed to provide the aerial photograrnmetric mapping services to the Village in the not -to- exceed amount of $ 10,620.00, which includes the services detailed in Attaclunent "A" of the proposed contract; and WHEREAS, Ayres Associates, Inc. has a history of successfully providing aerial photograrnmetric services to the GISCon at a reasonable cost, had completed a successful flyover in 2009 for Morton Grove, and is scheduled to fly again this spring; and WHEREAS, Ayres Associates has agreed to the Village's standard terms and conditions detailed in the attached contract; and WHEREAS, funds for this contract are included in the 2010 budget, in account number 022025- 552110. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY; ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village Administrator is hereby authorized to execute a contract with Ayres Associates, Inc. for providing the Village of Morton Grove with. aerial photogrammetric services as detailed in their contract attached hereto and described in Attachment "A ". SECTION 3:. The Village Administrator and Village Engineer are hereby authorized to implement the contract and provide for aerial photogrammetric services. SECTION 4: This Resolution shall be in full force and effect from and upon its passage and approval. PASSED THIS 22"' DAY OF FEBRUARY 2010 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 22"" DAY OF FEBRUARY 2010 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 23`d DAY OF FEBRUARY 2010 . Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County; Illinois Village of Marton Grove CONSULTING SERVICES CONTRACT This contract ( "Contract "), with an effective date of March 1, 2010 is by and between the Village of Morton Grove ( "VILLAGE ") and Ayres Associates Inc., 1802 Pankratz Street, Madison, Wisconsin 53704 ( "CONSULTANT "). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: SCOPE OF SERVICES 1.1 CONSULTANT shall perform the services as set forth in Attachment A ( "Contracted Services "), incorporated herein by reference, and shall strictly conform with the terms and conditions of this Contract. 2 TERM OF AGREEMENT 2.1 This Contract shall commence on the effective date stated above, and CONSULTANT is authorized to commence performance of the Contracted. Services as of that date. This Contract terminates on December 31., 2010 unless terminated earlier pursuant to the terms and conditions of this Contract. CONSULTANT shall complete the Contracted Services in accordance with the time schedule ( "Project Schedule ") set forth in Attachment A, including any intermediate milestones and phase submittals. 2.2 TIME IS OF THE ESSENCE with regard to the performance of the Contracted Services, specifically including but not limited to any intermediate milestones and phase submittals. 3 COMPENSATION AND PAYMENT 3.1 As compensation for the performance of the Contracted Services ( "Compensation "), VILLAGE will pay CONSULTANT in the amount and manner set forth in Attachment B ( "Compensation and Payment "), incorporated herein by reference. VILLAGE shall not have any liability for any other expenses or costs incurred by CONSULTANT other than as expressly set forth in Attachment B. Written application for payment for completed work shall be submitted by CONSULTANT to VILLAGE not more than once monthly on a date specified by the VILLAGE. 4 LIEN WAIVER 4.1 CONSULTANT shall promptly pay for all services, labor, materials and equipment used or employed by CONSULTANT in the performance of the Contracted Services and shall maintain all materials, equipment, structures, buildings, premises and property of VILLAGE free and clear of mechanic's or other liens. CONSULTANT shall, if requested, provide VILLAGE with reasonable evidence that all services, labor, materials and equipment have been paid in full. Public Works Department 1 of 22 2/17 /2010 PREVAILING WAGE Village of Morton Grove 5.1 Not less than the Prevailing Rate of Wages as found by the Department of Labor or determined by the court on review shall be paid as required by law. Consultant shall comply with all Village Ordinances and state statutes regarding prevailing wages, including Ordinance 04 -15 and the Illinois Prevailing Wage Act 820 ILCS 130 et. seq. Current standards are available on the Illinois Department of Labor web site at www.state.i1.us /aL�encv /id.ol or by calling the Village of Morton Grove at (847) 470 -523. (820ILCS 130) Upon request by the Village Engineer, the Consultant shall submit certified payrolls for all work performed under this contract, including subcontractors. 6 INDEPENDENT CONSULTANT 6.1 For purposes of this Contract, CONSULTANT is an independent CONSULTANT and shall not be deemed to be an employee, agent or joint venturer of VILLAGE. CONSULTANT shall be solely responsible for the means and methods for carrying out the Contracted Services. COMPLIANCE WITH THE LAW 7.1 CONSULTANT shall comply with all applicable statutes, ordinances, codes, regulations, consent decrees, orders, judgments, rules, and all other requirements of any and all governmental or judicial entities that have jurisdiction over the Contracted Services ( "Law "). 8 PERMITS AND LICENSES 8.1 CONSULTANT will obtain and pay for all pennits and licenses, registrations, qualifications, and other governmental authorizations required by law that are associated with CONSULTANT's performance of Contracted Services. STANDARD OF PERFORMANCE 9.1 CONSULTANT shall perform the Contracted Services in a manner consistent with that degree of care and. skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the region where the project ( "Project ") is located. 9.2 CONSULTANT shall provide additional services as needed to correct any defects or deficiencies in. the Contracted Services and shall bear all costs related to the correction of CONSULTANT's or its lower -tier CONSULTANT's defective or deficient performance at no additional cost to VILLAGE. 10 HEALTH & SAFETY 10.1 CONSULTANT acknowledges that there may be hazardous substances, wastes, or materials as defined by applicable Law ( "Hazardous Materials ") at the Project Site or otherwise associated with the Contracted Services and CONSULTANT shall take appropriate precautions Public Works Department 2 of 22 211712010 ,aI: Village of Morton Grove to protect its employees, lower -tier CONSULTANTs, suppliers and others who may be associated with the performance of the Contracted Services. 10.2 CONSULTANT's employees and the employees of its lower tier CONSULTANTs who perform the Contracted Services shall be experienced and properly trained to perform the Contracted Services under such conditions and shall take adequate precautions to protect hunlan health and the environment in the performance of the Contracted Services. 103 In the event that VILLAGE observes a potentially hazardous condition relating to the Contracted Services, VILLAGE may bring such condition to the attention of CONSULTANT. If CONSULTANT fails to immediately respond and correct such potential or actual hazardous condition, VILLAGE has the right to suspend the Contracted Services until such time as CONSULTANT remedies the potential or actual hazardous condition. CONSULTANT shall be solely responsible for any cost, expense or schedule disruption resulting from such suspension of the Contracted Services. 10.4 CONSULTANT shall be solely and continuously responsible for the health, safety and welfare associated with the Contracted Services at all times and not be limited to normal working hours. The CONSULTANT's failure to thoroughly familiarize itself with and account for the aforementioned health and safety provisions and those additional requirements provided by VILLAGE, if any, will not relieve CONSULTANT from the obligations set forth in this Contract. 11 CONTACT WITH REGULATORY AGENCIES 11.1 Except to the extent expressly set forth in this Contract, CONSULTANT shall not communicate directly with applicable governmental regulatory agencies with regard to the Contracted Services without prior express authorization from VILLAGE unless directed otherwise. CONSULTANT shall direct inquiries from governmental regulatory agencies to VILLAGE for appropriate response. 12 QUALITY CONTROL PLANS 12.1 When required by the Contracted Services, CONSULTANT shall execute a quality control plan acceptable to VILLAGE that ensures the quality of its work products and activities. Prior to starting the performance of the Contracted Services, CONSULTANT shall submit its quality control plan for the work products and activities identified in the Scope of Services. Submission of the quality control plan to VILLAGE will not replace in any way CONSULTANT's responsibility for quality control or for its work products and activities. Notwithstanding any review by VILLAGE, CONSULTANT shall be responsible for the quality of the Contracted Services. Public Works Department 3 of 22 2/17/2010 13 CHANGE ORDERS Village of Morton Grove 13.1 VILLAGE may, from time to time, order modifications or changes in the scope of the Contracted Services ( "Changes ") by written change order in the farm of Attachment C ( "Change Order "), incorporated herein by reference. In addition, Change Orders may be requested by CONSULTANT based upon material changes to the Contracted Services. Change Orders shall consist of additions to, deletions from or other revisions to the Contracted Services, including those required by modifications or change orders to the related Prime Contract. Within 10 days after the date of such Change Order or material change, and in any event prior to the commencement of such revised Contracted Services, CONSULTANT shall notify VILLAGE in writing if CONSULTANT requests a change in the Compensation and /or .Project Schedule and shall clearly state CONSULT AN T's justification for the Change Order. If approved by VILLAGE, an equitable adjustment will be made as appropriate. 13.2 FAILURE OF CONSULTANT TO COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE SHALL CONSTITUTE A WAIVER OF SUCH CLAIM BY CONSULTANT. 13.3 Failure of the parties to agree on whether the Change Order constitutes a compensible change to the Compensation or should result in a change in the Project Schedule shall be subject to the Disputes provisions of this Contract. CONSULTANT shall diligently proceed with the Contracted Services as directed by VILLAGE, including any directed changes or potential changes in the Contracted Services, pending resolution of such Dispute. 14 SUSPENSION OF SERVICES 14.1 VILLAGE may, at any time, with or without cause, suspend all or any portion of the Contracted Services for a period of up to 90 days ( "Suspended Services"). CONSULTANT shall immediately stop the performance of the Suspended Services, until such time as VILLAGE issues direction to CONSULTANT to resume the Suspended Services. CONSULTANT shall take such action as is reasonably necessary to protect the Suspended Services and take such additional action as directed by VILLAGE. An equitable adjustment may be made in accordance with the Change Order procedures of this Contract. 15 FORCE MAJEURE 15.1 VILLAGE shall not be responsible for delay in the performance of its obligations under this Contract caused by a force majeure event. To the extent that Contracted Services are delayed by a force majeure event, CONSULTANT will be entitled to an equitable adjustinent. For purposes of this Contract, a "force majeure event" is an occurrence or circumstance beyond the control of the claiming party and may include, but is not limited to extraordinary weather conditions, or other natural catastrophes, war, riots, strikes, lockouts, or other industrial disturbances or acts of any governmental agencies. Public Works Department 4 of 22 2/17/2010 VVillage of Morton Grove 16 TERMINATION FOR CONVENIENCE 16.1 All or part of this Contract may be terminated by VILLAGE for its convenience. In such event, CONSULTANT will be entitled to Compensation for Contracted Services performed up to the date of termination. CONSULTANT shall not be entitled to compensation or profit for Contracted Services not performed. 17 TERMINATION FOR DEFAULT 17.1 VILLAGE may at any time, by written notice, terminate the whole or any part of this Contract for default ( "Termination for Default ") upon failure of CONSULTANT to promptly cure such default in such time as VILLAGE may reasonably allow. For the purposes of this Contract, default includes but is not limited to: (i) failure to strictly adhere to the terms and conditions of this Contract; (ii) failure to maintain progress so as to endanger proper performance of the Contracted Services; or (iii) failure to maintain adequate financial or legal capacity to properly complete the Contracted Services. 17.2 In the event of Termination for Default, CONSULTANT will be compensated for the Contracted Services properly performed prior to such termination for default. VILLAGE may withhold any outstanding Compensation otherwise due to CONSULTANT pending final completion and acceptance of the Contracted Services and an accounting of related costs. In the event that the withheld amount exceeds the damages associated with CONSULTANT's default, VILLAGE shall promptly pay such excess funds to CONSULTANT. In the event of a shortfall between such costs and any amounts due to CONSULTANT, CONSULTANT shall promptly pay VILLAGE for such shortfall within 3 days of VILLAGE's written demand for such payment. 17.3 If, after notice of Termination for Default, it is determined for any reason that CONSULTANT was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Termination for Convenience. 1s INSURANCE 18.1 CONSULTANT shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in conjunction with the performance of the work hereunder by the CONSULTANT, his agents, representatives, employees or SUBCONSUI_,TANTs, 18.2 Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village named as additional insured, on a form at least as broad as the Public Works Department 5 of 22 2/17/2010 Village ofMorton Grove attached sample endorsement including ISO Additional Insured Endorsement CG 2010, . CG 2026; and 2. Owners and Contractors Protective Liability (OCP) policy with the Village as insured Required if box is checked❑; and 3. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any Auto." 4. Workers' Compensation as required by the Workers' Compensation Act of the Mate of Illinois and Employers' Liability insurance. 5. Builder Risk Property Coverage with Village as loss payee - Required if box is checked-1 183 Minimum Limits of Insurance A. CONSULTANT shall maintain limits no Tess than the following: 1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, and property damage and $1,000,000 per occurrence for personal injury. The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than $2,000,000 or a project - contract specific aggregate of $1,000,000. 2. Owners and Contractors Protective Liability (OCP); $1,000,000 combined single limit. 3. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 4. Workers' Compensation and Employers' Liability: Workers' Compensation Coverage with statutory limits and Employers' Liability limits of $500,000 per accident. 5. Builder's Risk: Shall insure against "All Risk" of physical damage, including water damage (flood and hydrostatic pressure not excluded), on a completed replacement cost basis. B. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by the Village. At the option of the Village, either; the insurer shall reduce or eliminate such. deductibles or self-insured retentions as respects the Village, its officials, agents, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing Public Works Department 6 of 22 2/1.7/2010 ens Village gfMorton Grove payment of losses and related investigation., claim administration and defense expenses. C. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a. The Village, its officials, agents, employees and volunteers are to be covered as additional insured as respects: liability arising out of the CONSULTANT's work, including activities performed by or on behalf Uf, the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, ]eased or used by the CONSULTANT; or automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the Village, its officials, agents, employees and volunteers. b. The CONSULTANT's insurance coverage shall be primary as respects the Village, its officials, agents, employees and volunteers. Any insurance or self-insurance maintained by the Village, its officials, agents, employees and volunteers shall be excess of CONSULTANT's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officials, agents, employees and volunteers. d. The CONSULTANT's insurance shall contain a Severability of Interests /Cross Liability clause or language stating that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ability. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the CONSULTANT shall be required to name the Village, its officials, agents, employees and. volunteers as additional insureds. f All general liability coverages shall be provided on an occurrence policy farm. Claims -made general liability policies will not be accepted. Public Works Department 7 of 22 2/17/2010 Village of Morton Grove 2. Workers' Compensation and Employers' Liability Coverage The insurer shall agree to waive all rights of subrogation against the Village, its officials, agents, employees and volunteers for losses arising from work performed by CONSULTANT for the Village. 3. Professional Liability (Required if Box is checked) ❑ a. Professional liability insurance with limits not less than $1,000,000 each claim with respect to negligent acts, errors and omissions in connection with profes.sironal services to be provided under the contract; will, t deductible not -to- exceed $50,000 without prior written approval. b. If the policy is written on a claims -made form, the retroactive date must be equal to or preceding the effective date of the contract. In the event the policy is cancelled, non - renewed or switched to an occurrence form, the CONSULTANT shall be required to purchase supplemental extending reporting period coverage for a period of not less than three (3) years. c. Coverage (architect, engineer, surveyor, consultant): Professional liability insurance that provides indemnification and defense for injury or damage arising out of acts, errors, or omissions in providing the following professional services, but not limited to the following: 1. Preparing, approving, or failure to prepare or approve maps, drawings, opinions, report, surveys, change orders, designs or specifications; 2. Providing direction, instruction, supervision, inspection, engineering services or failing to provide them, if that is the primary cause of injury or damage. 4. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Village. D. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A -, VII and licensed to do business in the State of Illinois. Public Works Department 8 of 22 2/17/2010 AZ Village of Morton Grove E. Verification of Coverage CONSULTANT shall furnish the Village with certificates of insurance naming the Village, its officials, agents, employees and volunteers as additional insureds, and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements may be on forms provided by the Village and are to be received and approved by the Village before any work commences. Other additional insured endorsements may be utilized, if they provide a scope of coverage at least as broad as the coverage stated on the ISO Additional insured Endorsements CG 2010 or CC 2025. The Village reserves the right to request full certified copies of the insurance policies and endorsements. F. Subcontractors CONSULTANT shall include all SUBCONSULTANTS as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. G. Assumption of Liability The CONSULTANT assumes liability for all injury to or death of any person or persons including employees of the CONSULTANT, any sub - contractor, any supplier or any other person and assumes liability for all damage to property sustained by any person or persons occasioned by or arising out of any negligent acts or intentional misconduct of the CONSULTANT for the work performed pursuant to this agreement. 19 INDEMNITY 19.1 To the fullest extent permitted by law, the CONSULTANT hereby agrees to defend, indemnify and hold harmless the Village, its officials, agents and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, cost and expenses, which may in anywise accrue against the Village, its officials, agents and employees, arising in whole or in part or in consequence of the negligent acts, errors, and omissions in the performance of this work by the CONSULTANT, its employees, or subcontractors, or which may in anywise result therefore, except that arising out of the sole legal cause of the Village, its agents or employees, the CONSULTANT shall, at its own expense, appear, defend. and pay all charges of attorneys and all costs and other expenses arising therefore or incurred in connections therewith, and, if any judgment shall be rendered against the Village, its officials, agents and employees, in any such action, the CONSULTANT shall, at its own expense, satisfy and discharge the same. 19.2 CONSULTANT expressly understands and agrees that any performance bond or insurance policies required by this contract, or otherwise provided by the CONSULTANT, shall Public Works Department 9 of 22 2/17/201.0 �r ebs Village of Aforton Grove in no way limit the responsibility to indemnify, keep and save harmless and defend the Village, its officials, agents and employees as herein provided. 19.3 The CONSULTANT further agrees that to the extent that money is due the CONSULTANT by virtue of this contract as shall be considered necessary in the judgment of the Village, may be retained by the Village to protect itself against said loss until such. claims, suits, or judgments shall have been settled or discharged and /or evidence to that effect shall have been furnished to the satisfaction of the Village. 19.4 CONSULTANT shall not be liable under this Article to the extent that such Loss was caused by the sole negligence or willful misconduct of VILLAGI";. 20 INFRINGEMENT 20.1 CONSULTANT shall not infringe upon any intellectual property (including but not limited to patents, trademarks or copyrights) ( "Intellectual Property ") in the performance of this Contract. In the event that CONSULTANT is alleged to have infringed upon such Intellectual Property, in addition to CONSULTANT's obligations under the Indemnity provisions above, CONSULTANT shall, at the sole discretion of VILLAGE and at CONSULTANT's sole expense: (i) procure for VILLAGE the right to continue using the infringing subject matter; (ii) replace or modify the infringing subject matter so that it becomes non - infringing but still complies with the requirements of the Contract; or (iii) reimburse VILLAGE for all payments made to CONSULTANT relating to or impacted by the infringing material and all costs incurred by VILLAGE resulting from such infringement. 21 DISPUTES 21.1 Any dispute related to this Contract shall be submitted to a panel consisting of at least one representative of each party who shall have the authority to enter into an agreement to resolve the dispute. The panel may meet or may conduct its discussions by telephone or other electronic means. In the event that the panel is unable to reach a mutual resolution of the dispute, or has failed to convene within two weeks of the request of either party, the matter may be referred by either party to a court of appropriate jurisdiction. 21.2 All communications between the parties or their representatives in connection with the attempted resolution of any dispute shall be confidential and deemed to have been delivered in furtherance of dispute settlement and shall be exempt from discovery and production, and shall not be admissible in evidence whether as an admission or otherwise, in any arbitration, judicial or other proceeding for the resolution of the dispute. 21.3 Pending any final judicial decision or settlement, CONSULTANT shall proceed diligently with the Contracted Services. Public Works Department 10 of 22 2/17/2010 22 NOTICE Village of Morton Grove 22.1 Any notice or communication required or permitted by this Contract shall be deemed sufficiently given if in writing and when delivered personally or upon receipt of registered or certified mail, postage prepaid with the U.S. Postal Service, and addressed as follows: VILLAGE: Village of Morton Grove Public Works 7840 North Nagle Avenue Morton Grove, Illinois 60053 Attn: Chris Tomich Village Engineer or, CONSULTANT: Ayres Associates Inc 1802 Pankratz Street Madison, Wisconsin 53704 Attn: Mr. Kirk Contrucci Vice President or to such other address as the party to whom notice is to be given has furnished by the receiving party in writing. 23 REMEDIES 23.1 No remedies or rights conferred upon VILLAGE by this Contract are intended to be exclusive of any remedy or right provided by law or equity, but each shall be cumulative and shall be in addition to every other remedy or right given herein or now or hereafter existing at law or in equity. 24 CONFIDENTIAL INFORMATION 24.1 All information and data disclosed by VILLAGE or otherwise developed or obtained under this Contract shall be deemed to be proprietary and confidential information ( "Confidential Information "). Public Works Department 11 of 22 2/17/2010 Village of Morton Grove 24.2 CONSULTANT shall not disclose Confidential Information without VILLAGE's written consent, Those persons under CONSULTANT's control shall not use Confidential Information for any purpose other than for the proper performance of the Contracted Services. 24.3 CONSULTANT's obligations under this Article shall not apply to Confidential Information that is (i) in the public domain without breach of this Contract; (ii) developed independently by CONSULTANT; (iii) received by CONSULTANT on a non - confidential basis from others who had a right to disclosure such Confidential Information; or (iv) required to be disclosed by Law, but only after actual prior written notice has been received by VILLAGE and VILLAGE has had a reasonable opportunity to protect disclosure of such Confidential Information. 24.4 CONSULTANT shall ensure that th e also extend and bind the employees and subconsultants and CONSULTANTS who Information under this Contract. 25 RIGHTS IN DATA foregoing obligations of confidentiality and use agents of CONSULTANT and its lower -tier have been provided access to the Confidential 25.1 CONSULTANT agrees that all data and information in hard copy, electronic, or any other format, disclosed, developed or obtained under this Contract ( "-Data "), other than CONSULTANT's Confidential Information, shall be and remain the sole property of VILLAGE. Delivery of the Data to VILLAGE shall be a precondition for final Payment. 25.2 CONSULTANT shall promptly deliver all Data to VILLAGE upon VILLAGE's request. CONSULTANT shall be fully responsible for the care and protection of the Data until such delivery. CONSULTANT may retain one copy of the Data for CONSULTANT's archives subject to CONSULTANT's continued compliance with the provisions of this Article. 253 CONSULTANT agrees not to assert, or to allow persons performing under CONSULTANT's control, to assert any rights to Data or establish any claim under design, patent or copyright laws. It is expressly agreed that all copyrightable or patentable Data produced under the Contracted Services has been specifically commissioned by VILLAGE, shall be considered "work for hire ", and that all copyrightable and other proprietary rights therein shall vest solely in VILLAGE. 25.4 CONSULTANT understands and agrees that all rights under copyright and patent Iaws under this Contract belong to VILLAGE. CONSULTANT hereby assigns any and. all rights, title and interests under copyright, trademark and patent law to VILLAGE, and agrees to assist VILLAGE in perfecting the same at VILLAGE's expense. Except as otherwise provided in this Contract, said documents shall be delivered to VILLAGE without additional cost to VILLAGE. Public Works Department 12 of 22 2/17/2010 26 COMPONENT WARRANTY Village of Morton Grove 26.1 CONSULTANT represents and warrants that all information technology components, including, but not limited to hardware, software, accessories and peripherals, tools and utilities (collectively, "Components ") provided by it and /or delivered to VILLAGE as part of this Contract will accurately process date /time data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty -first centuries, and leap year calculations. Furthermore, Components, when used in combination with other components; shall accurately process date /time data. if the, other components properly exchange date /time data with it. This warranty shall survive for the full term of the applicable statute of limitations. 26.2 Within S days of discovery of any non - compliance, the discovering party shall notify the other party and, at VILLAGE" S sole option CONSULTANT shall, within 10 days of notice, repair or replace the non - compliant component at no cost to VILLAGE or refund VILLAGE's purchase price. 27 SURVIVAL OF TERMS 27.1 Articles on Indemnity, Confidential Information and Rights in Data shall survive termination of this Contract. 28 ASSIGNMENT AND CONTRACTING 28.1 CONSULTANT shall not assign or contract this Contract nor any rights or obligations herein without the prior written consent of VILLAGE. In the event this Contract is assigned or contracted by CONSULTANT, CONSULTANT shall remain responsible to VILLAGE for the proper performance of CONSULTANT's obligations under this Contract. 28.2 The terms and conditions of CONSULTANT's contracts or assignments under this Contract shall, at a minimum, require the CONSULTANT or assignee to fully comply with this Contract unless otherwise authorized in writing by VILLAGE. 29 AMENDMENT AND WAIVER 29.1 This Contract may be amended only by a writing executed by each of the parties. Either party may waive any provision of this Contract to the extent such provision is for the benefit of such waiving party. No action taken pursuant to this Contract shall be deemed to constitute a waiver by that party of its or the other party's compliance with any representations or warranties or with any other provision of this Contract. No waiver by either party of a breach of any provision of this Contract shall be construed as a waiver of any subsequent or different breach, and no forbearance by a party to seek a remedy for noncompliance or breach by the other party Public Works Department 13 of 22 2/17/2010 1. Village of Morton Grove shall be construed as a waiver of any right or remedy with respect to such noncompliance or breach." 30 SEVERABILITV 30.1 The invalidity or unenforceability of any particular provision of this Contract shall not affect the other provisions, and this Contract shall be construed in all respects as if any invalid or unenforceable provision were ornitted. 31 GOVERNING LAW 31.1 The validity, construction and performance of this Contract and all disputes between the parties arising out of or related to this Contract shall be governed by the laws, without regard to the law as to choice or conflict of law, of the jurisdiction set forth in the Contract, or if not expressly set forth, in the jurisdiction where the Project Site is located. 32 VENUE, JURISDICTION AND SERVICE OF PROCESS 32.1 The parties agree that any suit, action or proceeding arising out of or related to this Contract shall be instituted in the Federal District Court (Chicago) or in the appropriate state court in Cook County, Illinois, and each party irrevocably submits to the jurisdiction of those courts and waives any and all objections to jurisdiction or venue that it may have under the laws of such state or otherwise in those courts in any such suit, action, or proceeding. 33 CONFLICT OF iI�TEREST 311 The CONSULTANT represents and certifies that, to the best of its knowledge, (1) no Village employee or agent is.interested in the business of the CONSULTANT or this Contract; (2) as of the date of this Contract 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 Contract; and (3) 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 Contract 34 NO COLLUSION 34.1 The CONSULTANT represents and certifies that the CONSULTANT is not barred from contracting with a unit of state or local government as a result of (1) 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, as set forth in Section 11 -42. 1 -1 et seq. of the Illinois Muniepal Code, 65 ILCS 5/11 -42. 1 -1 et seq.; or (2) a violation of either Section 33E -3 or Section 33E -4 or Article 33E of the Criminal Code of 1951, 720 ILCS 5/22E -1 et seq. The CONSULTANT represents that the only persons, firms, or coroporations interested Public Works Department 14 of 22 2/17/2010 qtr Village of Morton Grove in this Agreement as principals are those disclosed to the Village prior to the execution of this Contract, and that this Contract is made without collusion with any other person, .firm, or corporation. If at any time it shall be found that the CONSULTANT has, in procuring this Contract, colluded with any other person, firm, or corporation, then the CONSULTANT shall be liable to the Village for all loss or damage that the Village may suffer, and this Contract shall, at the Village's option, be null and void. 35 ENTIRE AGREEMENT 35.1 This Contract embodies the entire agreement and understanding between the parties Pertaining to the subject matter of this Contract, and supersedes all prior agree-ments, understandings, negotiations, representations and discussions, whether verbal or written, of the parties, pertaining to that subject natter. 33.1 The following exhibits are attached and made part of this agreement: 33.1.1 Attachment A —Contracted Services 33.1.2 Attachment B Compensation and Payment 33.1.3 Attachment C — Change Order 33.1.4 Attachment D — Project Area Map VILLAGE Signature Joseph F. Wade VillageAdministrator Pate Avres .Associates Inc 1102 Pankratz Street Madison, W1 53704 Signature Kirk. Contrucci Vice President Date Public Works Department 1.5 of 22 2/17/2010 a'� 3 Attachment A Contracted Services BASIC SERVICES 1.1 General Village of Morlon, Grove 1.13 CONSULTANT shall provide professional services for VILLAGE as hereinafter provided. 1.2 Photog,rammetric Services After written authorization to proceed, CONSULTANT shall: 1.2.1 Obtain 1"=450" scale color aerial photography of the Village of Morton Grove in the spring of 2010. The photography will be flown with 60 percent forward lap and 30% sidelap. The project area map is attached to this contract as Attachment D. 1.2.2 Install ground control in and around the project area to support the orthophotography. 1.2.3 Prepare 3 -inch resolution color digital orthophotography for V= 50' scale mapping for the Village project boundary, using procedures designed to meet horizontal National Map Accuracy Standards. The ortho- photography will be delivered in uncompressed, TIFF format (with world file) and will be accompanied by a tiling schematic in hardeopy and ESRI format. Orthophotography will include MrSID format compressed tiles and project -wide mosaic. CONSULTANT will: Utilize existing GISC Digital Terrain Model (DTM) to rectify the orthophotography. _ Prepare orthophoto tiles in a fashion to minimize "white space" or "void areas" around the exterior of the municipality when existing GISC DTM is available. 1.2.4 Deliverable products will include: = Digital orthophotography based on PLSS quarter sections, in TIF format = Digital village -wide ortho mosaic in MrSID format = Digitally scanned raw imagery = Flight Plan in vector format = One copy of FGDC compliant metadata for all digital files in HTML and XML format. Public Works Department 16 of 22 2/17/2010 :v Village of Morton Grove ADDITIONAL SERVICES 2.1 Services Requiring Authorization in Advance If authorized in writing by VILLAGE, CONSULTANT shall furnish or obtain from others Additional Services as hereinafter provided. These services are not included as part of Basic Services and will be paid for by VILLAGE as indicated in Attachment C. 2.1.1 Services to investigate existing conditions or facilities or to verify the accuracy of information furnished by VILLAGE. 11.2 Services resulting from significant rhange.0 in the general scope, extent or character of the Project. 2.1.3 Furnishing services of independent professional associates and consultants for other than Basic Services. 2.1.4 Preparing to serve or serving as a consultant or witness for VILLAGE in any litigation, arbitration or other legal or administrative proceeding involving the Project. 2.1.5 Additional services in connection with the Project, including services which are to be furnished by VILLAGE, and services not otherwise provided for in this Agreement. 3,1 VILLAGE'S RESPONSIBILITIES In addition to the OWNER's responsibilities listed in Article 3, OWNER shall do the following in a timely manner so as not to delay the services of CONSULTANT: 3.1.1 Furnish to CONSULTANT, as required for performance of CONSULTANT's Basic Services, the following, all of which CONSULTANT may use and rely upon in performing services under this Agreement. 3.1.2 Other special data or consultations not covered under BASIC SERVICES and ADDITIONAL SERVICES. 3. 13 To the extent allowed by law, arrange for access to and make all provisions for CONSULTANT to enter upon public and private property as required for CONSULTANT to perform services under this Agreement. 3.1.4 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 3.1.5 Give prompt written notice to CONSULTANT whenever OWNER observes or otherwise becomes aware of any development that affects the scope or tinging of CONSULTANT's services. 3.1.6 Furnish, or direct CONSULTANT to provide, Additional Services as stipulated in paragraph 2.1 of this Agreement or other services as required. 3.l .7 Bear all costs incident to compliance with the requirements of Article 3, as amended and supplemented by Attachments A and C. 3.1.8 OWNER has designated the following representative to serve as the Quality Public Works Department 1.7 of 22 2/1.7/2010 wS U. Village of Morton Grove Assurance /Quality Control for the project: Thomas Thomey; MGP, Inc.; 701 Lee Street; Suite 1020; Des Plaines, IL 60016; Phone: (847) 656 -5698. CONSULTANT will deliver Preliminary Orthophotography Product to the above designee. 3.1.9 OWNER will provide CONSULTANT with accurate mapping boundaries prior to aerial photo acquisition. 3. 1.10 Prior to commencement of mapping, OWNER will provide CONSULTANT with the most current ESRI Geodatabase which includes the existing Digital Terrain Model (DTM) to be used in the preparation of orthophotography. Geodatabase shal l reflect the most current feature geometry and attribution. 4.1 P ROHEC- T SC IREDULE 4.1.1 The services called for in Attachment A - Contracted Services will be completed and submitted as follows: 4.1.1 Preliminary Orthophoto Product. CONSULTANT will deliver the Preliminary Orthophotography Product (Orthophotography tiles in TIP' format) to OWNER by November 1, 2010, provided that the CONSULTANT receives the existing DTM data in Geodatabase format from OWNER, as stated in paragraph 3.13, Attachment A, by March 15, 2010. Delay in the Geodatabase delivery from OWNER to CONSULTANT will result in equivalent delay for Preliminary Orthophoto Product delivery to OWNER. 4.1.2 QA /QC Review. OWNER, or the designee as stated in paragraph 3.11 Attachment A, will review the Preliminary Orthophotography Product and compile suggestions for modification and adjustment and submit review to CONSULTANT within 15 calendar days of receipt of Preliminary Orthophotography Product. 4.1.3 Final Deliverable. CONSULTANT will make final delivery of the Orthophotography and MrSID compressed tiles and mosaics within 15 calendar days of receipt of the QA /QC Review from OWNER, or the designee as stated in paragraph 3.11 Attachment A. 4.1.2 CONSULTANT's services under this Agreement shall be considered complete at the earlier of (1) the date when the submissions have been accepted by VILLAGE or (2) thirty days after the date when such submissions are delivered to VILLAGE. 4.13 If VILLAGE has requested significant modifications or changes in the general scope, extent or character of the Project, the time of performance of CONSULTANT's services shall be adjusted equitably as detailed in Attachment C. 4.1.4 If CONSULTANT's services for the Project are delayed or suspended in whole or in part by VILLAGE for more than three months for reasons beyond CONSULTANT's control, CONSULTANT shall on written demand to VILLAGE (but without termination of this Agreement) be paid for services rendered at the start of the delay. Public Works Department 18 of 22 2/17/2010 Attachment B Compensation and Payment Village of Morton Grove 5.1 METHODS OF PAYMENTS FOR SERVICES AND EXPENSES 5.1.1 Basic Services. VILLAGE shall pay CONSULTANT for Basic Services rendered as follows: Establish ground control points Color Aerial Photography Acquisition Aerotriangulation Image Scanning Orthophotography Production Total Fees Not to Exceed--- - - - - -- 510,620.00 The above costs include all direct and reimbursable expenses for the identified tasks. The CONSULTANT shall not exceed the total fee identified above- without prior authorization detailed in Attachment C. 5.1.2 Additional Services. VILLAGE shall pay CONSULTANT for Additional Services rendered as follows: 5.1.4.1 General. For Additional Services of CONSULTANT's principals and employees engaged directly on the Project and rendered pursuant to paragraph 2.1 on the basis of CONSULTANT's Direct Labor Costs times a factor of 2.8. 5.1.4.2 Professional Associates and Subconsultants. For services and Reimbursable Expenses of independent professional associates and subconsultants employed by CONSULTANT to render Additional Services pursuant to paragraph 2. 1, the amount billed to CONSULTANT therefore times a factor of 1.15. 5.1.4.3 Serving as a Witness. For services rendered by CONSULTANT's principals and employees as consultants or witnesses in any litigation, arbitration or other legal or administrative proceedings in accordance with paragraph 2.1.4, at the rate of 1,000.00 per day or any portion thereof. 5.1.3 For Reimbursable Expenses. In addition to payments provided for in paragraphs 5.1 .1 and 5.1.2, VILLAGE shall pay CONSULTANT the actual costs (except where specifically provided otherwise) of all Reimbursable Expenses incurred in connection with all Basic and Additional Services. Public Works Department 19 of 22 2/17/2010 Village of Morton Grove 5.l .4 The terms "Direct Labor Costs" and "Reimbursable Expenses" have the following meanings: 5.1.4.1 Direct Labor Costs used as basis for payment means salaries and wages (basic and incentive) paid to all CONSULTANTS's personnel engaged directly on the Project, but does not include indirect payroll related costs. 5.1.4.2 Reimbursable Expenses mean the actual expenses incurred by CONSULTANT or CONSULTANT's independent professional associates or consultants, directly or indirectly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; telephone calls, electronic mail, facsimile transmissions, and telegrams; expenses incurred for computer time, word processing equipment, survey, and other highly specialized equipment; and reproduction of reports, documents, and similar Project - related items. 5.1.5 CONSULTANT shall submit invoices not more than once monthly with the tasks listed and percent complete for each item. Public Works Department 20 of 22 2/1712010 ,., Attachment C CHANGE ORDER Village of Morton Grove In accordance with Article 13 of the Consulting Services Contract dated 20_ ( "Contract ") between the Village of Morton Grove ( "VILLAGE ") and ( "CONSULTANT "), this Change Order modifies the Contract as follows: 1. Change in Contracted Services: 2. Change in time of Performance (attach schedule if appropriate): 3. Charge in CONSULT"ANT's Compensation: All other terms and conditions remain unchanged. VILLAGE CONSULTANT Signature Signature Joseph F. Wade, Village Administrator Name (Printed or Typed) ....................... Date Date Public Works Department 21 of 22 2/17/2010 VIE, Attachment D Project Area Map (Ortho Limits in Red) Village of Marton Grove Public Works Department 22 of 22 2II7/2010 ri q, A" m. .84'x° bti'''✓s'S' f Sit Orthophotography Limits R" � e T �16� �t 76L- Public Works Department 22 of 22 2II7/2010 q, A" m. .84'x° bti'''✓s'S' f Sit Orthophotography Limits R" 76L- Public Works Department 22 of 22 2II7/2010 Lef!islative Summar Resolution 10 -18 TO AUTHORIZE THE PURCHASE OF 2011. FORD F -250 PICK UP THROUGH THE NORTH SUBURBAN PURCHASING COOPERA'T'IVE PROCUREMENT PROGRAM Introduced: February 22, 2010 Synopsis: As a member of the Northwest Municipal Conference the Village of Morton Grove takes advantage of the conference's competitive bidding process known as the Suburban Purchasing Cooperative Procurement Program. A joint purchasing program for local government agencies representing 1431 municipalities Purpose: To replace a 1998 Chevrolet pick up with high mileage assigned to the Maintenance Superintendent of the Water and Sewer Department. Background: The Public Works Department routinely reviews vehicles and equipment for fuel economy, safety, dependability, age, and excessive repair cost and replaces or eliminates equipment that no longer meets the department's needs. Programs, Departments Public Works and Finance Departments. or Groups Affected Fiscal Impact: Funding in the 2010 Adopted Budget has been approved in the amount of $98,500 for replacement of vehicles and related equipment. The vehicle replaced at this time will be in the amount of $30,313 Source of Funds: Enterprise fund in account nos. 025017 - 572010 and 405033- 572030 Workload Impact: The implementation of the program. is done as part of the normal operations of the Public Works and Finance Departments. Admin Recommendation: Approval as presented. Second Reading: Not required. Special Considerations or gone. Requirements: ` Respectfully submitted: !- Joe Wad , Village Administrator Prepared by: ^ ..� F:. Reviewed by: �wiy De Monte, Director of Public Works Teresa Hoffman Liston, Corporation counsel TO AUTHORIZE THE PURCHASE OF 2011 FORD F -250 PICK UP THROUGH THE NORTH SUBURBAN PURCHASING COOPERATIVE PROCUREMENT PROGRAM WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Suburban Purchasing Cooperative representing 143 municipalities conducted a bidding process for the purchase of 2011 Ford F -250 pick up trucks and the low bidder for said purchases was Currie Motors 9423 West Lincoln Hwy. Frankfort, Illinois 60423; and WHEREAS, the Village, as a member of the Northwest Municipal Conference, has previously utilized the North Suburban Purchasing Cooperative Procurement Program for purchases of vehicles; and WHEREAS, the Village Board approved the 2010 Adopted Budget on December 14, 2009, as Ordinance 09 -31, which included account numbers 025017 - 572010, and 405033 - 572030 in the amount of $98,500 that provides funding for vehicles and equipment replacement; and WHEREAS, the description and purchase price for the vehicle is as follows: 2011 Ford F -250 XL 4x2 regular cab pick up truck: Total- 530,313 NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set fortis therein thereby making the findings as hereinabove set forth. SECTION 2: That only those companies listed and described on this Resolution for the purchase of a 2011 Ford pick up truck be approved in this Resolution. SECTION 3: The Director of Public Works and Finance Director of the Village of Morton Grove are hereby authorized to execute the purchase of a 2011 Ford F -250 pick up for a total amount of 530,313 from Currie Motors 9423 West Lincoln Hwy. Frankfort, Illinois 6042' ). SECTION 4: This resolution shall be in full force and effect from and upon its passage and approval. PASSED THIS 22n' DAY OF FEBRUARY 2010 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 22n' DAY OF FEBRUARY 2010 Daniel S. Staackmarai, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in any office This 23" DAY OF FEBRUARY 2010 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois I "'NASING Ai '� �. Program Local - Suburban Purchgsh�q Coo[jer ative 2011 Ford -250 XL 4x2 Regular Cab Fick a Tr uck Contract The Suburban Purchasing Cooperative a cooperative of 143 municipalities in the six county area of Northern Illinois, is pleased to announce its 2011 Ford F -250 XL 4x2 Regular Cali Pick up Track Contract with Currie Motors of Frankfort. Every municipality arld governinent agency in the State of Illinois is authorized to participate in this program. The bid for this vehicle was published in the legal Section of the Daily I-ierald on January 27 2010, and was awarded through a sealed bid process to Currie MotOTs for the 2011 model year. The attached summary sheets highlight most standard equipment and list other vehicle options. Additional option pricing for items not shown is available by contacting the Fleet Manager, Tom Sullivan directly at 815 -464 -9200. It is anticipated that pricing for this vehicle secured by tho Suburban Purchasing Cooperative, will be held firm through the 2011 model year. Municipalities need to order their vehicles during the months of lanuary 2010 through May 2011 in order to receive their vehicles in a timely fashion and avoid production delays. The anticipated cut -off month to Order this Ford is May, 2011. Delivery to be trade with 90 calendar- days after production of. said vehicle. Thank you for considering the Suburban ;?urehasing Cooperative for your vehicle needs. Please feel free to contact your designated SPC Representative with any questions or comnicnts you may have regarding this program,. Dapage Mayors & 111(magers Conference MO OnA 3r09d Road Oak Brook, IG 6052.3 Su-etle C3lrintell Phone: (630) 3' 1 -C4& F1 . (630) j71 -01"84 011.1 -ie dlHotors 9423 W. Lincoln H vy FranAforl, .IL 60423 PHONE: (815)464 -9200 FAX: (815)464 -7500 Contact Person: font Sullivan thomasfsulliVaz1(a-"'SbCR1CbaI net Nor11t7ve.51 twit iricipal Cori feremce 16iG &W Golf Road Drs }'lairres, 11, 60016 Lorry WidtnCr l'ltow, (8:'7j 2964:00 FnA: (, 47) 296-9307 South Snburbttrr 1117yors �3rrrl dlrrnngers' Associallorr 190-0 0 es, i 7-1 °i S1LCei Eov f- mel C'-e , IL 04 9 Ed Paesel r" home: (7 08) 206 -115; fa,j': (?(1$13{15 -1!33 Hfill Cow??' Governmental Lerrgrre 31SO Tile adore saver. Rile 101 Joliet, IL 60-t35 ,4nn"i 81enger Phone, (8)-5) .'29 -3335 Fnx- (8)5) 7.29-3j3(? u{{ 'r LQaq Govern- me�tAgC�Ces pUiC4lSla January 22, 2010 Currie Motors Mr, Tom Sullivan 9423 West Lincoln Highway Frarrl<rort, li- 600423 This letter is to inform you that the Suburban Purchasing Cooperative's Governing Board has approved the award of the SPC 2011 Ford F -250 XL 4x2 Regular Cab Con_ract to your firm Currie Motors of Frankfort, IL Based on your response being found to be in ccr.lpticmrE! with all bid spccificatiorr requirements, met the five year in business and reference requirement, provided a description and financial status of Currie Motors and is the most advantageous to the SPC. With acceptance of this contract, Currie Motors of Frankfort, IL agrees to all terms and conditions set fourth in the specifications contained within tae Request for Proposais to which you responded. Currie Motors of Frankfort IL will handle all billion. Bach vehicle urchased will be assessed a SIQQ.00 administ vendor to the SPC on a quarterly basis. The SPC looks forward to a productive year w0rl< ng With Currie Motors of Frankfort, IL. Please sign and date this agreement below, retaining copies for your files and rctUrning the original to my attention. The duration of the contract is January 22, 2010 through January 21, 2011, The SPC reserves the right to extend this contract for ,up to (3) three additional one -year terms upon n -iutual agreement of the both the vendor and the SPC on a negotiated basis, S:ncer, , �-_ ence F. Widmer, Jr -, CPPB Deputy DireLtor Northwest M nicipal Con nce /f , L;Nrame: Lawrence R Widmer Jr. Northwest Municipal Conference Date: 01 /22/10 1JttPage tYigyon & Rsarragers Conference 1 Z2�1 Gnk f3ronk liocrd Oak Bremk, IL 00323 Suzelic Quin:ell Phone: (630) 571 -9489 Pax,- (630) 571 -0484 N =arc; Toni Suflivan Currie Motors Fluct Date: 1/1-7//() Nrrlr }vast Municipal Conference 1616 Fast Goff Pood Des Plaines, IL 6006 Lur•r � li'idnrer Phone: (847) 296 -9200 i'cex. !d -;7t 295 -9107 Souldr sahr?rbarr 'rinyors Arrrl,Afrxnrrgerr Assnciatrorr 13D4 W sl 174i4 Slrccl Las: He2zel C're,s ?, IL 6'?9 Eli Putsel Phone: (708) 2064155 lr 'a-: (7n8j 206 -1133 TNli carrrt�V Gvverrrrnetw d Longue 31110 T hLcdorc Street, S uite 20) Jolic(, ,!L. 60435 Ann Butrger l'hwr e, (815) 729- 353.51, Fa,: (815) 729.3536 Q�C -� IiEi /i;CID'd i�13-1 DC�SlC9y5i�1 �ra�g ai.;n�- V`i0�� .aN32�50 ni- lr= -Hif Currie Motors Frankfort SPC Contract Winner 2011 Ford F -250 XL 4x2 Regular Cab Call Tom Sullivan (81-5)464-9200 Standard 113ackage: SI6,79Ar Warranty 3 years 36,000 bumper to bumper and 5 years 60,000 powertrain • Free Delivery Within 30 Miles Brake Controller are ordered together this item is deleted). • Alternator — 155 amps, Heavy Duty • Transmission -- Tortl5hift 6 -Speed • Axle — Twin I-beam front axle w /coil Autoanatic SelectShift spring suspension, non - limited slip rear a " 3- Blink" lane change signal • Battery — Gas Engine -- 650 CCA, 72- Al l m Glass — solar tinted • Brakes — Power 4 -wheel Anti -lock a Jack — 2 -ton mechanical Braking System (ABS) o License plate brackets • Engine — G?L 2-Valve SOHO EF1 modular V8 gas Flex Fuel a lights — pick.up box and cargo area • Advance Trac with Roll Stability a Moldings, tailgate and box rail Console (RSC) -- SRW o 8' Pickup bax Shock Absorbers — heavy duty gas Spare tire, wheel. lock & frame- Stabilizer bar — front mounted carrier Q Stationary Elevated Idle Control (SLiC) a Steering — power O Steering damper a Tire Pressure Monitoring System (TPMS) a Trailer Tow Package (7 -wire harness w /relays and 7/4 pin connector (note: when Pickup Box Delete and Trailer PAGE l 9 Stop Iight — high mounted 9 Tailgate — removable w /key lock, black handle and Tailgate /assist a Tie -down books — pickup box (5OUr w/6 1/4' box; six w /8' box) V Tow Hooks -- (2) front Coat nooks — LHIRH color coordinated • Dash -top tray • Dome lamp - LH /RH door activated 1/P switch operated w /dela.y • Headliner - color coordinated cloth • Instrument panel - color coordinated ,w /glove box, 4 air registers • Instrumentation - Multifunctional switch message center with ice blue lighting (three button message control on steering wheel) • Map lights - dual (front and rear w /crew Cab) • Power point, auxiliary • Windshield wipers -- interval control • Air Bags (SRS) -- passenger side deactivation switch (Regular Cab and Supercab only) • Driver and Passenger frontal and side air bag /curtain • Child tethers (Regular Cab, front passenger & all rear seating positions) • Safety Belts -- Belt - Minder, chime and. flashing warning tight on instrument cluster if belts not buckled • SecuriLock Anti -Theft ignition • SOS Post Crash Ale ,-L System • 35 Gallon gas tank • Bumper --- Front, black painted steel w /grained MIC top cover and black lower air dam • !tear- Black painted • Grille - Black MIC • Door Handles - Black • Headlainps - Dua.l_bearn halogen O Mirrors - Manual Telescoping Trailer Tow Mirrors ;,/Manual Glass s Wheels --- 17" painted steel • Windows - fixed rear • Air Conditioning -- manual • Audio - AM /FMICDIClock and two - speakers • Floor Covering - black vinyl • Rearview Mirrors -- 11.5" day /night • Seats - HD Vinyl 40/20/40 split bench w /center armrest, cup holder and storage • Manual ltunbar support, driver side • Front center seat integrated restraints (SIR) • Steering Wheel -Black vinyl G Telescoping steering wheel /column • Storage -- Secondary glove box (0,4 requires Electronic Shift -On- the -Fly) a Sunvisors - Color coordinated vinyl, single driver w /pocket, single passenger w /ntirror insert Factory Order- Cut off Month May 2011 PAGE 2 Additional Options and Order Form Please enter the following: Ford Fleet Number KH387 Contact Name Paul Tobin Quantity Phone Number 847- 470 -5235 Purchase Order Number State Tax Exempt Number F,9998-1491-06 PLEASE SUBMIT P.O. TO: Currie Motors 9423 W. Lincoln Hwy Frankfort, IL 60423 PHONE: (815)464 -9200 FAX (815)464 -7500 Contact Person: Tam Sullivan thomasfsullivan(aDsbcg lobal.n_et Ontinns - Cab Stvle O tions Suspension XX Super Cab 1,912.Q0 307.00 _ Crew Cab 3,135.00 XX 8' Picku 13ax Delete (519.00} � Options - Powertrain -Heavy FX4 Off -Road Package 245,00 6.7L Power Stroke 4V Diesel V8 'rorgShift 6- speed Auto SelectShift O/D 6,503.00 Skid Plates, Transfer Case & Duel Tank 83.00 4x4 2,678.00 XX Electronic Shift -On- the =Fly -- 4x4 (auto - manual locking hubs & rotary control 1/P, required with center flow0- through console 154.00 Tires - LT265/70Rx1.7E OWL A/T 378.00 ?nine Block Heater 45.00 E Spare Tire Delete (71.00) Transmission Power Take-Off Provisw 232,00 Engine Idle Shutdown 20$.00 Dual Alternators (requires 6.7 Power Stroke � Diesel} ____ 3IS.fl0 Extra Heavy Duty 200 Amps Alternator re wires G.7 Power Stroke Diesel) 62.00 O tions Suspension XX Show Plow Piep Package 71.00 307.00 Heavy Service Front Suspension Package 104.00 6" Angular Black Molded in Color Running mm Board Service Package for Pickup Box Delete 104.00 XX -Heavy FX4 Off -Road Package 245,00 XX Skid Plates, Transfer Case & Duel Tank 83.00 Tailgate Step Tires - LT245 /75Rx17E 13SW AIT 104.00 '~ Tires - LT265/70Rx1.7E OWL A/T 378.00 374.00 104.00 Spare Tire Delete (71.00) Options - Exteriur PAGE 3 heel /Gooseneck Hitch Prep Package 307.00 F—Y1, X 6" Angular Black Molded in Color Running mm Board 266.00 XX R of Clearance Lights 46M Tailgate Step 311.00 Xk Touvh Bed Spray in. Bed Liner Manual Sliding Rear Window 374.00 104.00 PAGE 3 Reverse Vehicle Aid Sensor 203.00 Davtiime Running Lain s 37.00 Mirrors — Black, manna[ fold away side mirrors ! (deletes manual telescoping trailer tour mirrors w /manual class) j (104.00 Rear View Camera 390.00 Exterior Colors Options- Additional Vermillion Red 3 year Pale Adobe Metallic 100,000 Tuxedo Black Metallic Powertrain Ingot Silver Metallic 42 Oxford White Indicate miles and /or length of extended gasoline - owertrain warranty coverage offered and rice S1,030.00 3 year 100,000 Powertrain 4x4 gasoline with snow Indicate stiles and /or length of extended plow gas - owertrain warranty cflE era e affeced and rice $1,940 Rust Proafin — 395.00.. 4 Corner Strobe 750.00 XX 8' Steel Service Body 5,403.00 XX 7.5' Western 5nvw NOW 4,330.00 7.5' Boss Snow Plow 4,330.041 Ford Drop-In Bed Liner 295.00 X Detailed Sh2 Manual CD 295.00 f Delivery of more titan 30+ miles 175.00 Exterior Colors Interior Colors — Steel 40/20/40 - VII SU XX Steel 40/20/40 - Clod} 83.60 _ Steel 40 /Console /4Q - Vin I 2955 00 Steel 40 /Console /40 - Cloth 427.00 Class ill Hitch 525 - Iry Total: $30,313.00 If we have missed an option that you need please call Tom Sullivan ((815 )464 -9200 PAGE Dark Blue Pearl Metallic Vermillion Red Forest Careen Metallic �- Pale Adobe Metallic Tuxedo Black Metallic Sterling Grey Metallic Ingot Silver Metallic XX Oxford White Interior Colors — Steel 40/20/40 - VII SU XX Steel 40/20/40 - Clod} 83.60 _ Steel 40 /Console /4Q - Vin I 2955 00 Steel 40 /Console /40 - Cloth 427.00 Class ill Hitch 525 - Iry Total: $30,313.00 If we have missed an option that you need please call Tom Sullivan ((815 )464 -9200 PAGE