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2012-03-26 Agenda
AGENDA VILLAGE OF MORTON GROVE MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T, FLICKINGER MUNICIPAL CENTER March 26, 2012 7:00 pm 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. 5. 6. 7. 8. E 10. 11 Approval of Minutes — Special Reports Public Hearings Special Meeting of March 5, 2012 Special Meeting of March 6, 2012 Regular Meeting of March 12, 2012 Residents' Comments (agenda items only) President's Report — Administration, Northwest Municipal Conference, Council of Mayors, TIF Committee, Capital Projects, Real Estate Committee a. Proclamation — Earth Day, April 22, 2012 b. Proclamation — Fair Housing Month, April 2012 Clerk's Report — Legal, Cable and Telecommunications Commission Staff Reports a. Village Administrator Pro Tern 1) Miscellaneous Reports and Updates b. Corporation Counsel Reports by Trustees a.. Trustee DiMaria — Fire Department, Emergency Management Agency, RED Center, NIPSTA, Police and Fire Commission (Trustee Grear) b. Trustee Gomberg — Police Department, Environmental Health, Police and Fire Commission, IT Communications (Trustee Marcus) 11. Reports by Trustees (continued) C. Trustee Grear — Community and Economic Development Department, Chamber of Commerce, Waukegan Road TIF Review, Lehigh/Ferris TIF Review, Dempster Street Corridor Plan, Real Estate Committee, Comprehensive Plan, Economic Development (Trustee DiMaria) 1) Ordinance 12 -02 (Introduced March 12, 2012) (First Reading) Authorizing a License Agreement between Safelite Autogtass, Inc. and the Village for Village Owned. Property (Alley Right -of -Way) Located Immediately West of 8910 Waukegan Road d. Trustee Marcus -- Public Works Department, Condominium Association, Community Relations Commission, Solid Waste Agency of Northern Cook County, Natural Resource Commission, Tra ie Safety Commission (Trustee Thill) 1) Resolution 12 -24 (Introduced March 26; 2012) Authorizing the Execution of a Contract with Arrow Road Construction Company for the 2012 Street Improvement Program 2) Resolution 12 -25 (Introduced March 26, 2012) Authorizing the Execution of a Contract with Ciorba Group, Inc. for Professional Engineering Services 3) Resolution 12 -26 (Introduced March 26, 2012) Authorizing a Task Order Agreement with Ciorba Group, Inc. for Construction Engineering Services for the 2012 Street Improvement Program 4) Resolution 12 -27 (Introduced March 26, 2012) Authorizing Purchase of a 2012 Ford F59 Commercial Stripped Chassis with a Walk -In Van Body Through the North Suburban Purchasing Procurement Program 5) Resolution 12 -28 (Introduced March 26, 2012) Authorizing the Annual Memorial Day Parade and Closure of Dempster Street 6) Resolution 12 -29 (Introduced March 26, 2012) Authorizing the Execution of a Contract with Precision Pavement Markings, Inc. for the 2012 Pavement Marking Program 7) Resolution 12 -32 (Introduced March 26, 2012) Authorizing the Execution of a Service Contract Extension with Lyons Electric Company for the 2012 Traffic Signal and Street Lighting Maintenance Program e. Trustee Thilt — Building Department, Appearance Commission, Capital Projects, Plan CommissionJZoning Board ofAppeals (Trustee Toth) 1) Resolution 12-30 (Introduced March 26, 2012) Authorizing the Execution of a Contract with Crystal Maintenance Services Corporation for Janitorial Services at the Four Municipal Buildings I]. Reports by Trustees (continued) e. Trustee Thill (continued) 2) Resolution 12 -31 (Introduced March 26, 2012) Authorizing the Execution of a Contract with Impactor P &P , Inc. for the Demolition and Removal of Vacant Structures in the Lehigh /Ferris Redevelopment District Trustee Toth — Finance Department, Finance Advisory Commission, Northivesl Municipal Conference, Advisory Commission on Aging, Family and Senior Services Department (Trustee Gomberg) 1) Ordinance 12 -08 (Introduced March 12, 2012) (Second Reading) Amending Title 4, Chapter 1, Section 3 and Title 4, Chapter 5, Section 6 of the Municipal Code to Modify when Business Licenses and Liquor Licenses are Due 1) Ordinance 12 -09 (Introduced March 26, 2012) (First Reading) Amending Title 4, Chapter 3, Section 16 Entitled "Liquor Control" of the Municipal Code of the Village 12. Other Business 13. Presentation of Warrants - $579,046.75 14. Residents' Comments 15. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 16. Adjournment -To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe and/or participate in this meeting, or who have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (8471470 -5220) promptly to allow the Village to make reasonable accommodations. it It 911) MINUTES OF THE MARCH 51 2012, SPECIAL MEETING OF THE BOARD OF TRUSTEES RICHARD T. FLICKINGER MUNICIPAL CENTER 6101 CAPULINA AVENUE MORTON GROVE, ILLINOIS 60053 Pursuant to proper notice in accordance with the Open Meetings Act, the special meeting was called to order at 6:00 pin by Village President Daniel J. Staackmann who led the assemblage in the pledge of allegiance. In attendance were: Elected Officials: Mayor Daniel J. Staackmann, Village Clerk Tony S. Kalogerakos, and Trustees Daniel DiMaria, Larry Gomberg, William Grear, Sheldon Marcus, John Thill, and Trustee Toth Absent: None Village Staff: Also Present: None Heidi Voorhees Mayor Staackmann stated the purpose of the meeting was to discuss personnel matters which are appropriate for Executive Session. Trustee Marcus then moved to adjourn to Executive Session to discuss personnel matters. The motion was seconded by Trustee Thill and approved unanimously pursuant to a roll call vote at 6:02 pm. At the conclusion of the Executive Session, Trustee DiMaria moved to adjourn the Special Meeting. The motion was seconded by Trustee Marcus and approved unanimously pursuant to a voice vote at 9:39 pm. Minutes by: Tony S. Kalogerakos, Village Clerk Special meeting, minaes.3 -05 -12 Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053 -2985 Tel: (847) 965 -4100 Fax: (847) 965 -4162 MINUTES OF THE MARCH 612012, SPECIAL MEETING OF THE BOARD OF TRUSTEES RICHARD T. FLICKINGER MUNICIPAL CENTER 6101 CAPULINA AVENUE MORTON GROVE, ILLINOIS 60053 Pursuant to proper notice in accordance with the Open Meetings Act; the special meeting was called to order at 6:00 pm by Village President Daniel J. Staackmann who led the assemblage in the pledge of allegiance. In attendance were: Elected Officials: Mayor Daniel J. Staackmann, Village Clerk Tony S. Kalogerakos, and Trustees Daniel DiMaria, Larry Gomberg, William Great, Sheldon Marcus, John Thill, and Trustee Toth Absent: None Village Staff: Also Present: None Heidi Voorhees Mayor Staackmann stated the purpose of the meeting was to discuss personnel matters which are appropriate for Executive Session, Trustee DiMaria then moved to adjourn to Executive Session to discuss personnel matters. The motion was seconded by Trustee Thill and approved unanimously pursuant to a roll call vote at 6:03 pm. At the conclusion of the Executive Session, Trustee DiMaria moved to adjourn the Special Meeting. The motion was seconded by Trustee Marcus and approved unanimously pursuant to a voice vote at 9:07 pm. Minutes by: Tony S. Kalogerakos, Village Clerk Special meeting minutes.3 -06-12 Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053 -2985 Tel: (847) 965 -4100 Fax: (847) 965 -4162 Ok Rucvo!M Pmlei Village President Dan Staackmann called the meeting to order at 7:01 p.m. and directed the Clerk to call the roll. II. Village Clerk Tony Kalogerakos called the roll. Present were: Trustees Dan DiMaria, Larry Gomberg, Bill Grear, Shel Marcus, John Thill, and Maria Toth. -• s a. Regarding the Minutes of the Special Meeting of February 27, 2012, Trustee DiMaria moved, seconded by Trustee Toth, to accept the Minutes as presented. Motion passed unanimously via voice vote b. Regarding the Minutes of the February 27, 2012 Regular Board Meeting, Trustee DiMaria moved, seconded by Trustee Toth, to accept the Minutes as presented. Motion passed unanimously via voice vote. IV. Plan Commission Case PC 12 -01 Requests a Special Use for a Proposed Karaoke Bar at 9235 Waukeoan Road. This case was presented by Plan Commission Chairman Ron Farkas, Mr. Farkas said that the Applicant, Halle Yurovsky, had been seeking a Special Use Permit for an Asian -style karaoke club that would serve liquor, soft drinks, and snack foods /appetizers. The closest definition in the Village's Unified Development Code for this use would be "taverns with live and vocal entertainment." It was proposed to be open seven days a week from 5:00 p.m. to 11 p.m., except on Fridays and Saturdays, when the proposed closing time would be 1:00 a.m. Its main appeal would be to Asians, specifically Mongolians, who keep different hours because they are often employed as personal in -home care providers. b. Mr. Farkas said that several residents testified with concerns having to do with the proposed karaoke bar's proximity to Golf Middle School and the thought that perhaps this business would lower property values. c. The Plan Commission vote fell one short of approval, so the motion to recommend this Special Use Permit failed. Mr. Farkas said that, subsequently, the Applicant withdrew her request. IV, SPECIAL REPORTS (continued) Minutes of March 12,2012 Board Meeiind d. There being no questions for Mr. Farkas from any of the Board members, Trustee DiMaria moved to accept the Plan Commission's report, seconded by Trustee Thill. Motion passed unanimously via voice vote. 2. a. Mr. Farkas said that the current funeral home is a legal nonconforming operation, constructed legally long before the adoption of the current zoning requirements. There is a request for an expansion of the current building. The addition will be about 40 feet wide and will extend out to the front of the existing building about 17 feet. This will allow for the expansion of one of the existing chapel spaces, to accommodate larger funeral /memorial gatherings, as well a covered walkway /portico about 11 feet wide. b Mr. Farkas said the Commission had few questions and no residents asked to speak. The Commission voted unanimously, with one absent, to recommend approval of this Special Use request. c There being no questions for Mr. Farkas from any of the Board members, Trustee Thill moved to accept the Plan Commission's report, seconded by Trustee DiMara. Motion passed unanimously via voice vote. 3. Presentation of a Property Maintenance Report a. Building Commissioner pro tern Bill Porter said that the Village has ordinances on the books that provide guidelines on how homes should be maintained. The Village has always been desirous of enforcing its ordinances, but because of the lack of staff in the Building Department, enforcement of these property maintenance ordinances has been rather sporadic. The Police Department has recently agreed to allow the Building Department to use its Community Service Officers (CSOs) on a part-time basis to perform this enforcement. They wil be used 16 hours per week in varying blocks of times, both on weekdays and weekends. The CSOs will be looking for homes in need of repairs, including, but not limited to what they can see from the street, such as peeling paint, fences or garage in disrepair, or an accumulation of rubbish on the property. They will be looking for things that are an eyesore, including "B" and "D" plate vehicles not properly parked or stored. They will also be looking for cars with expired plates or expired stickers; dead trees, tree limbs, grass or weeds higher than 6" tall, and missing address signs. They will be checking to see that stairways, decks, porches, and balconies are well maintained, structurally sound, and in good repair. They will also follow up on complaints from residents who have concerns about neighboring properties. A CSO will also be made available visit a property where a property maintenance issue is deemed urgent. When a property maintenance issue is identified, the owners will be notified by the CSO, using a Building Department warning notice. The CSO will take photographs and prepare a citation for owners who do not comply on a timely basis or who are repeat offenders. c CSOs will have with them a "Field Report" with checkboxes for a variety of property mainten- ance problems, making it easy for them to check the problem(s) and give the form to the homeowner. IV. SPECIAL REPORTS (continued) Minutes of March 12 2012 Board Meefmo d. Building Commissioner pro tem Porter said that this program begins on April I", and is part of an effort to make Morton Grove even more beautiful. e. Trustee Thill pointed out that he has a natural garden in the front of his home; all the plants are native, it is not a typical "grass" lawn. Mr. Porter said that Trustee Thill will probably have to explain that to the CSOs who may stop by. f. Mayor Staackmann asked about "timeliness." Mr. Porter said that, if it's a matter of over -tall grass and weeds, residents have five days to get it cut down. If it's more serious repairs, residents have 10 days to get back to the Building Department with a schedule of repairs, contractors' names, etc., unless the repair is something that needs to be done immediately because it's causing an imminent danger. g. Mayor Staackmann pointed out that sometimes it's a matter of a repair not being done because the homeowner doesn't have the money to do it. He said that the Village does have a fund that can help people with things like this; it's administered by Jackie Walker O'Keefe. h. A resident had a question about the condition of alleys. Mr. Porter said the CSOs would check out alleys as well. V PUBLIC HEARINGS NONE VI. RESIDENTS' COMMENTS (Agenda items Only) a. Ken Schaefer spoke about Ordinance 12 -03 (the "tree" ordinance). He said that he's been doing volunteer restoration work in Linne Woods for many years, pointing out that there are trees in Linne Woods that are 300 to 350 years old. He urged the Board to do more to help protect and preserve the trees of the Village. Marian Thill is another volunteer at Linne Woods. She said that, in 1992, the house to the south of hers was sold and as a result, a large (20 foot high, 13 -foot around) shade tree was removed. She said that mature trees are an asset, not a liability. They help provide flood control during rainy seasons and cooling on hot summer days. Now it's 2012, and the Village still has nothing on its books to protect trees on private property. Developers are still allowed to remove a mature tree without having to replace it with another tree of the same size. She asked the Board why this continues to be the case. She urged the board to vote "no" on the ordinance as presented, and instead, rewrite it so that it would do more to protect tress on private property (unless they're diseased) and to include some sort of replacement provision in those cases. Ellie Davis, 9024 Major, also spoke regarding the preservation of trees. She said that trees are a defining characteristic of the Village, and should not be thought of as a personal possession for which one can pay $75 to have removed. Minutes of March 12, 201211oard Meeting} VI. RESIDENTS' COMMENTS (Agenda Items Only) (continued) Ms. Davis said that trees are what make a neighborhood a beautiful place in which to live. She pointed out that Villages all around are writing ordinances for tree preservation, including Park Ridge, Northbrook, Winnetka, and Highland Park. These ordinances are based on good ecology and concern for future generations. Ms. Davis asked the Board to work with the Natural Resource Commission to develop broader goals for tree preservation in the Village and to study the ordinances of the afore - mentioned communities to produce a similar ordinance for Morton Grove. Rich Toth said he had wanted to speak regarding PC 12 -01 (the karaoke bar), but since the request has been withdrawn, that was sufficient. e. Wilma Wendt said she objects to the Village telling homeowners what they can or cannot do in their own backyard, and she further objected to being told she'd have to pay a $75 permit fee to take a tree down. She wondered what that $75 would get her. If it's simply to prevent injury, how many instances in the last 15 years have people gotten hurt by removing a tree? She said she was perfectly willing to pay a reputable tree service for any tree removal she may need, and even pay to replace a tree, if that's what is called for, but she said she would continue to refuse to pay the $75 permit fee. f. Mike Simkins spoke regarding PC 12 -02. He asked the Board to consider waiving the second reading of the ordinance when it comes up because they need to work with a contractor with a "flexible" schedule, due to the unpredictable nature of their business, so the sooner they can undertake this work, the better. VII. PRESIDENT'S REPORT Mayor Staackmann had no report. Vill• CLERK'S REPORT Clerk Kalogerakos asked for a motion to approve the Executive Session Minutes of April 25, 2011 (pre- and post- meeting), May 91 2011 (post- meeting), June 13, 2011, July 11, 2011, lAugust 8, 2011, October 10, 2011, November 14, 2011, and November 28, 2011. Trustee DiMaria so moved, seconded by Trustee Marcus. Motion passed: 6 ayes, 0 nays. Tr. DiMaria acre Tr. Gomberg Tr. Marcus aye Tr. Thill afire Tr. Grear aae aye Tr. Toth aye 2 Next, Clerk Kalogerakos asked for a motion to not release any Executive Session Minutes. Trustee Marcus so moved, seconded by Trustee DiMaria. Motion passed: 6 ayes, 0 nays. Tr. DiMaria acre Tr. Gomberg aYe Tr. Grear acre Tr. Marcus acre Tr. Thill acre Tr. Toth acre Minutes of March 12,2012B Meetin "" Vlll. CLERK'S REPORT (continued) 3. Lastly, Clerk Kalogerakos asked for a motion to destroy tapes of Executive Sessions as authorized by the Illinois Open Meetings Act, for the following Executive Sessions: October 7, 2009, October 12, 2009, October 21, 2009, November 4 2009, November 9, 2009, November 11, 2009, November 20, 2009, December 14, 2009, January 11, 2010 (pre- and post- meeting), January 25, 2010, February 8, 2010, February 15, 2010, February 22, 20101 March 2, 2010, March 22, 2010, April 12, 2010, April 26, 2010, May 10, 2010, May 24, 2010, June 14, 2010, June 28, 2010, July 12, 2010, August 13, 2010, August 30, 2010, and September 13, 2010. Trustee Marcus so moved, seconded by Trustee Toth. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg acre Tr. Grear aye Tr. Marcus aae Tr. Thill aye Tr. Toth acre IX. STAFF REPORTS A. Village Administrator Administrator pro tern Ryan Horne had no report. B. Corporation Counsel Corporation Counsel Liston had no report. X. TRUSTEES' REPORTS A. Trustee DiMaria: Trustee DiMana had no report. B. Trustee Gomberg Trustee Gomberg presented Resolution 12 -23, Authorizing the Purchase of Panasonic CF -31 Toughbook Mobile Data Computers Through the Illinois State Bid Program, Contract #CMS1560940A. He explained that this purchase is to replace aging squad car mobile data computers (MDCs) subjected to 24 -hour use and adverse working conditions. These MDCs are exposed to the elements, such as heat, cold, dust, constant jarring, etc., and typically have a "life expectancy' of three to five years. Trustee Gomberg said that police officers are reliant on the information they retrieve from their MDCs. It is another tool for officers that enhance their safety and the safety of those they come into contact with. These new units will cost $4,100 each and will replace seven units purchased in 2009. X. 91 C. Minutes of March 12, 20128oanf Meetinfg. TRUSTEES' REPORTS (continued) Trustee Gomberq (continued) Trustee Gomberg moved to approve Resolution 12 -23, seconded by Trustee Grear. Motion passed: 6 ayes, 0 nays. Tr. DiMaria acre Tr. Gomberg aSe Tr. Grear aye Tr. Marcus acre Tr. Thill aye Tr. Toth acre Trustee Grear: Trustee Grear presented Resolution 12 -19, Setting a Time and Place for a Public Hearing Regarding a Redevelopment Plan and Project, Designating a Redevelopment Project Area, and Adopting a TIF, Ali for the DempsterlWaukegan Redevelopment Area. He explained that the Village is pursuing designation of the Dempster/Waukegan area for Tax Increment Financing (TIF) in response to a request from the owners of Prairie View Shopping Center, who wish to redevelop the center as a new retail /commercial shopping center, thus revitalizing the entire Dempster /Waukegan commercial area. One of the steps necessary to do this is to set a Public Hearing date. This resolution sets April 30, 2012, as the Public Hearing date. The owners of the shopping center have identified significant costs associated with its redevelopment, including asbestos abatement and storm water facilities installation require- ments. The Village has determined that the Dempster/Waukegan area meets applicable criteria for designation as a TIF redevelopment area. The owners of the shopping center have informed the Village that, without the TIF, the Prairie View redevelopment cannot and will not be done, which will then lead to further decline for the Dempster /Waukegan area. Trustee Grear moved to approve Resolution passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg Tr. Marcus aye Tr. Thiii D. Trustee Marcus: 12 -19, seconded by Trustee Toth. Motion Tr. Grear acre_ Tr. Toth aye Trustee Marcus presented Ordinance 12 -03, Amending the Municipal Code, Title 7; Chapter 2, Section 6, Entitled "Removal of Trees" in the Village of Morton Grove. This is the second reading of this ordinance. Trustee Marcus said that the Natural Resource Commission has recommended that permits be obtained for the removal or trimming of any tree with a diameter of over ten inches from private property. The ordinances requires that, prior to removing or trimming such a tree, a commercial tree service company with a certified arborist on staff that is licensed, insured, and bonded in the State of Illinois must first obtain a permit from the Building Department. The initial cost of the permit shall be $75 for tree removal and $30 for tree trimming. After obtaining the permit, it will be the responsibility of the tree service to ensure the safe removal and proper disposal of the tree. This ordinance is intended to protect the safety of property owners and others when a large tree is trimmed or removed. Further, obtaining permits for such tree removal or trimming will allow the Village to collect data on the nature and location of trees being removed. X. is TRUSTEES' REPORTS (continued) Trustee Marcus: (continued) Minutes of March 12, 20128oaw Meetm''i Trustee Marcus moved to adopt Ordinance 12 -03, seconded by Trustee DiMaria. Mayor Steackmann asked if the Board had any discussion. b. Trustee DiMaria said that he values trees, but has concerns about "private property" rights. The Village is blessed to have a beautiful forest preserve area. He felt it was probably a fairly small percentage of trees being discussed, but still, he struggled with the wording of the ordinance. He said he values the Natural Resource Commission's recommendation, but still had concerns. c. Trustee Gomberg said he would have liked to have seen more provisions for tree preservation in this ordinance. He said he has spoke with a lot of people about this. He knows the Natural Resource Commission strongly feels this ordinance should pass, and he's given the matter a great deal of thought. Still, though, he felt the ordinance did not go far enough as far as tree preservation goes. d. Trustee Grear said that he had expressed his concerns two weeks ago, and he sees both sides of the issue. He complimented the Natural Resource Commission's members for their time and dedication, and said both were very much appreciated. He said this is basically a permit/safety issue, and said he wasn't sure where the Village would go beyond this. e. Trustee Marcus said he has worked with the Natural Resource Commission and believes it's important for the Board to set guidelines regarding the safety and welfare of trees. He noted that earlier this evening, there was a presentation on property maintenance oversight to enhance beauty in the Village. He said that, as elected officials, the Board has to make tough decisions, adding that he wanted to make decisions that would protect individuals and neighbors. He noted that the ordinance has been somewhat changed, reflecting all the input that has been received, and he outlined those changes. He said that tree disposal is critical and it must be done properly. Trustee Marcus then moved to amend Ordinance 12 -03 to delete references to paying a permit fee for tree trimming. Trustee DiMaria seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg acre Tr. Grear acre Tr. Marcus acre Tr. Thill aae Tr. Toth ave 9 Trustee Thill read a letter from a resident who was dismayed about so many trees being cut down without being replaced. The resident felt there should be a law stating that if a tree is removed, it must be replaced. The letter was written by Trustee Thill himself approximately 20 years ago. h Trustee Thill thanked the Natural Resource Commission for their focus, but felt that the ordinance lacked any tree protection. Tree protection is becoming a vital issue. ComEd has legislation pending that, if passed, would let them take any and all trees down within 20 feet of their power lines. No one would have anything to say about it, and no replacement would be required. Trustee Thill felt it was time for the Board to say, "enough is enough." The issue about "property rights' seemed a non -issue to him, especially considering the already -in -place property maintenance "guidelines," which mandate what a resident can and can't do regarding other aspects of their private property. X. D. Trustee Marcus: (continued) TRUSTEES' REPORTS (continued) Minutes of Mamb 12,2012$oard Meetfn " ", Trustee Thill felt that a stronger ordinance should be developed, one that would require a replacement formula and that would designate any monies collected annually from permits or fines related to said ordinance for future tree replacement. It should also designate 25% of the Village's receipts from the SWANCC recycling program for tree replacement annually. j. Trustee Toth said that she has wrestled with this ordinance and has reviewed similar ordin- ances from other communities. She has also spoken with residents and knew that opinions are strong on both sides of the issue. She, however, felt this ordinance tramples on the right of homeowners. She felt the Village was legislating what can be done on private property and that this will lead to unwanted intrusion by Village government. k. Trustee Thill then moved to amend Ordinance 12 -03 to require that each year, 25% of SWANCC recycling rebates and all revenue received from tree removal permits be segregated and used solely for tree planting. Trustee DiMana seconded the motion. Mayor Staackmann wondered if it was appropriate to include the provision regarding the SWANCC recycling rebates. Village Administrator pro tem Horne said that those dollars currently go into the General Fund, so it is possible to segregate a portion of them and use them for tree planting. This will, however, also have an impact on the Village's ability to provide other services. Trustee Gomberg clarified that this is contingent upon the passage of Ordinance 12 -03 (yes). m. Trustee Grear asked if Mr. Horne knew about how much money the Village received from SWANCC for its recycling program. Mr. Horne did not have a definite figure, but Trustee Thill estimated it was almost $70,000. Trustee Marcus thought it was bad policy to take dollars that the Village may or may not get and segregate them to a particular motion. He felt the Village should wait and see what it receives and how this would impact the overall Village budget. Mayor Staackmann called for a vote on Trustee Thill's amendment. Motion failed: 3 ayes, 4 nays. Tr. DiMaria acre Tr. Gomberg acre Tr. Grear nav Tr. Marcus nay Tr. Thill ave Tr. Toth nav Mayor Staackmann nav Mayor Staakmann then called for a vote on Ordinance 12 -03 as amended. Motion failed: 2 ayes, 4 nays. Tr. DIMaria Day Tr. Gomberg nay Tr. Grear nay Tr. Marcus aye Tr. Thill afire Tr. Toth nay 2 Next, Trustee Marcus presented Ordinance 12 -05, Amending Title 7, Chapter 6, Sections 12 and 13 of the Municipal Code of the Village of Morton Grove Entitled "Pollution Control Facility ". This is the second reading of this ordinance. X. Trustee Marcus: (continued) TRUSTEES' REPORTS (continued) Minutes of March 121 2012Eoard Meetin `; a. Trustee Marcus explained that the Village, like other communities in the area, has received in- quiries regarding allowing pollution control facilities to be located within its corporate limits. This would be any site which stores waste, transfer stations, waste treatment facilities with incinerators, or sanitary landfills. In order to be proactive, this amendment to the Village Code will establish regulations consistent with the Environment Protection Act of Illinois to codify a procedure for an application wishing to obtain permission from the Village to locate and operate such a facility in Morton Grove. This ordinance also sets forth requirements for any applicant to escrow funds with the Village to cover the Village's entire cost for reviewing applications and conducting approval hearings. Trustee Marcus moved to adopt Ordinance 12 -05, seconded by Trustee Toth. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg acre Tr. Grear aye Tr. Marcus aye Tr. Thill acre Tr. Toth aae 3. Trustee Marcus then presented Resolution 12 -20, Authorizing the Acceptance of a Host Community Agreement Between the Village of Morton Grove and Lakeshore Waste Services, LLC. a. He explained that Lakeshore Waste Services leases property within the Village near the intersection of Oakton and Lehigh. Lakeshore has advised the Village that it would like to develop, construct, and operate a transfer station there. The approval for such a development is premised on permits to be issued by the Illinois Environmental Protection Agency, which goes through a siting approval process that includes a public hearing within the Village. As of yet, the Village has not consented to or concurred in the application for the siting of a transfer station. In the event the Village approves the application and the IEPA issues permits, the transfer station operator has indicated that it is willing to provide Host Benefit fees to the Village to help meet direct and indirect costs of the Village associated with the approvals and the siting of the transfer station. This resolution authorizes a Host Community Agreement which sets forth operational rules for the transfer station and monetary and indirect benefits which would become due and owing to the Village, should it approve the application and should the IEPA issue permits. Trustee Marcus moved to approve Resolution 12 -20, seconded by Trustee Grear b. Trustee Thill asked if this was about a specific plant coming in, and if so, what kind of materials would be involved. Corporate Counsel Liston said that everything is spelled out in the agree- ment, but basically it would involve household waste and some minor construction waste, just general garbage. She said that there is a lengthy siting approval process involved, but if the IEPA grants a permit for a transfer station in Morton Grove, this agreement will ensure that the transfer station operation will pay a benefit to the Village. Mayor Staackmann called for the vote on Resolution 12 -20. Motion passed: 6 ayes, 0 nays. Tr. DiMaria acre Tr. Gomberg aae Tr. Grear aye Tr. Marcus ante Tr. Thill acre Tr. Toth acre X. D. Trustee Marcus: (continued) TRUSTEES' REPORTS (continued) Minutes of Marcb 12 .2012 Bosrtl MeeSng` 4. Next, Trustee Marcus presented Resolution 12 -21, Authorizing the Purchase of a 2012 Ford F -350 Chassis Cab With Dump Body and Snow Plow Through the North Suburban Purchasing Procurement Program. He explained that this will replace a 1995 Chevrolet dump truck with high mileage assigned to the Street Department. The cost of this replacement vehicle is $39,228. Trustee Marcus moved to approve Resolution 12 -21, seconded by Trustee Toth. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aae Tr. Gomberg acre Tr. Grear afire Tr. Marcus acre Tr. Thill acre Tr. Toth aye Trustee Marcus then brought forward Resolution 12 -22, Authorizing the Execution of a Contract With Insituform Technologies, Inc. For the 2012 Sewer Lining Program. He explained that the sewer lining program is necessary to maintain the Village's sewer system. The program includes the repair of a sanitary sewer on Palma Lane from Shermer Road to Foster Avenue and the sanitary sewer on Harlem Avenue from Golf Road to Wilson Terrace. The cured -in -place pipe reduces costs, parkway destruction, tree removal, and presidential inconveniences caused by traditional repairs requiring excavation The estimated base bid contract value is $63,348.38, but since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed Trustee Marcus moved to approve Resolution 12 -22, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear aye Tr. Marcus aye Tr. Thill acre Tr. Toth ave Trustee Marcus thanked his colleagues for the informative and honest discussion this evening. Trustee Thill: 1. Trustee Thill presented Ordinance 12 -06, Granting an Amendment to the Special Use Per- mit for the Property Located at 8710 Ferris and 8701 Lincoln Avenue for a Planned Unit Development in the Village of Morton Grove. a. Trustee Thill explained that this Planned Unit Development was originally for the construction of 65 town homes, but in 2007, at the request of the owners, the Village approved an amend- ment to the special use permit to provide 64 town homes and to change the mix of the style of the units. The current request is to reduce it to 63 units with 8 units in Building #4 instead of 9. Per the Village's Unified Development code, such minor changes are allowed without the need of going through a full formal Plan Commission process, as long as the amendment has been approved by the Village Administrator, Corporate Counsel, Building Commissioner, and Plan Commission Chairperson. All of those officials have approved of this proposed amendment. 10 X. E. TRUSTEES' REPORTS (continued) Trustee Thill: (continued) Minutes of March 12, 20129ean1 Meeting; Trustee Thill moved to adopt Ordinance 12 -06, seconded by Trustee Marcus. Motion passed: 6 ayes, 0 nays. Tr. DiMaria ave Tr. Gomberg aye Tr. Grear aye Tr. Marcus ave Tr. Thill ave Tr. Toth ave 2. Trustee Thill next presented Ordinance 12 -07, Granting a Special Use Permit to Allow a Funeral Home (Undertaking Establishment) Expansion at the Property Located at 6251 Dempster. Pursuant to Mike Simkins' request, Trustee Thill moved to waive the second reading of this ordinance. Trustee Marcus seconded the motion. Motion passed: 5 ayes, 1 nay. Tr. DiMaria ave Tr. Gomberg ave Tr. Grear ave Tr. Marcus ave Tr. Thill ave, Tr. Toth nay Trustee Thill then moved to adopt Ordinance 12 -07, seconded by Trustee Toth. Motion passed: 6 ayes, 0 nays. Tr. DiMaria ave Tr. Gomberg ave Tr. Grear ave Tr. Marcus ave Tr. Thill ave Tr. Toth ave Trustee Toth: Trustee Toth presented for a first reading Ordinance 12 -08, Amending Title 4, Chapter 1, Section 3, and Title 4, Chapter 5, Section 6, of the Municipal Code to Modify When Busi- ness Licenses and Liquor Licenses Are Due. She explained that currently, business and liquor licenses are required to be renewed each year on May 1 s'. Staff has recommended that business and liquor licenses run concurrent with the Village's budget, which is on a calendar year basis (January 1 through December 31). In order for this to be effective as of January 1, 2013, the 2012 licenses will run from May 1 to December 31, 2012, and the fees for said licenses shall be prorated based on this eight -month period. There was no discussion on Ordinance 12 -08. No action will be taken this evening as this is a first reading of this ordinance. Trustee Toth noted that she was wearing a green ribbon this evening in honor of this being Girl Scout Week. She congratulated the Girl Scouts on their 100th anniversary, noting that all three of her daughters had gone through the girl scout experience and had greatly benefitted from it. 11 Minutes March of 12,2012soard Meeting' XI. OTHER BUSINESS Trustee Thill asked again for a budget amendment for the tree ordinance. He also asked that parking in the Village's municipal lots be restricted to two hours only, noting that many people seem to be parking there for the day. Trustee Thill also asked if Dempster Street could have kiosks like Waukegan Road does, except that on Dempster, he'd want them moved onto parking lots. XI I. WARRANTS Trustee Toth presented the Warrant Register in the amount of $313,017.58. She moved to accept the Warrants, seconded by Trustee Thill. There being no discussion, Mayor Staackmann called for the vote. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear acre Tr. Marcus acre Tr. Thill acre Tr. Toth acre XIII. RESIDENTS' COMMENTS NONE XIV. ADJOURNMENT /EXECUTIVE SESSION Trustee Marcus moved to adjourn the Meeting. Trustee Thill seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aae Tr. Grear aye Tr. Marcus aye Tr. Thill aae Tr. Toth aae The meeting adjourned at 8:31 p.m. im PASSED this 26th day of March, 2012, Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 26th day of March, 2012. Daniel J. Staackmann, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 27th day of March, 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes of Match 12,2012Soard MeeYitr" Minutes by Teresa Gousar 13 Village of Morton Grove WHEREAS, the first Earth Day was celebrated on April 22, 1970, with the goal of inspiring environmental awareness and encouraging the conservation, protection, and appreciation of our nation's natural resources; and WHEREAS, it is the responsibility of each of us to safeguard the environment, by recognizing all human life depends upon the Earth and upon one another for our mutual existence, well- being, and development; and WHEREAS, the steps we can take to protect and preserve our natural environment through education, partnerships, and positive actions should be encouraged in Morton Grove; and WHEREAS, the citizens of Morton Grove are committed not only to the protection and preservation of our environment, but also to the restoration of ecosystems and habitats; and WHEREAS, Morton Grove citizens, staff, and elected officials are working closely with federal, state, and local governments, and with non - governmental organizations to develop and implement regulations and ordinances specifically designed to preserve and improve Morton Grove's fragile ecosystems and the quality of life therein; and WHEREAS, Morton Grove proudly recognizes all who participate in Earth Day, for their dedication to taking a proactive role in shaping the future of our environment and in protecting Morton Grove's precious natural resources. NOW, THEREFORE, I, Daniel J. Staackmann, Mayor of the Village of Morton Grove, Illinois, do hereby proclaim April 22, 2012, as in Morton Grove and urge all citizens to be mindful of local, state and national laws which protect our environment, and to join in efforts to preserve the beauty and wonder of the lands, skies, and water of the Earth in all its diversity. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the Village of Morton Grove. Daniel J. Staackmann, Village President Village of M(orion Grove WHEREAS, April 2012, marks the 44th anniversary of the passage of the U.S. Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended which enunciated a national policy of fair housing without regard to race, color, religion, national origin, sex, familial status, and disability; and WHEREAS, the Village of Morton Grove finds fair and affordable housing is a goal of all Illinois residents and a right of every person according to federal and state laws; and WHEREAS, the continuing dedication of grassroots and nonprofit organizations, housing service providers, financial institutions, REALTORS ®, elected officials, state agencies, and others committed to highlighting the federal, state and local fair housing laws is needed to address discrimination in our communities, to support programs that will educate the public about the right to equal housing opportunities, and to partner with government and other organizations to help assure every American of their right to fair housing. NOW THEREFORE, I. Daniel J. 5taackmann, Mayor of the Village of Morton Grove, Illinois, do hereby proclaim April 2012, as in Morton Grove and we commemorate the signing of the U.S. Fair Housing Law and urge all citizens to embrace diversity and make a commitment to fair housing to provide or support equal housing opportunities for all current and future residents of the Village of Morton Grove. In witness hereof, I have hereunto set my hand and caused to be affixed the seal of the Village of Morton Grove. Daniel J. Staackmann, Village President Ordinance 12 -02 AUTHORIZING A LICENSE AGREEMENT BETWEEN SAFELITE AUTOGLASS, INC, AND THE VILLAGE OF MORTON GROVE FOR VILLAGE OWNED PROPERTY (ALLEY RIGHT -OF -WAY) LOCATED IMMEDIATELY WEST OF 8910 WAUKEGAN ROAD Introduced: Synopsis: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator's Recommendation: March 26, 2012 This Ordinance will approve a license agreement by and between the Village of Morton Grove and Safelite AutoGlass, Inc., which will allow Safelite AutoGlass, Inc., to use a portion of the Village right -of- way /alley immediately behind (west) of 8910 Waukegan Road. Granting Safelite AutoGlass, Inc. a license for the use of this property will allow a currently underused vacant parcel within the Village to be used by a new business which will result in increased property taxes and some sales taxes. Safelite AutoGlass, 2400 Farmers Drive, Columbus, Ohio, 43235 has expressed a desire to occupy 8910 Waukegan Road which is approximately 2,864 square feet, to be used as an auto glass repair /replacement facility. In order to improve the access points for this business and provide additional landscaping, the Village and Safelite AutoGlass, Inc., have negotiated terms for a license agreement which would permit Safelite AutoGlass, Inc. to use a portion of the Village's alley immediately west of the site for its facilities. The terms of the license agreement includes: (A) So long as the property is continually used by Safelite AutoGlass, Inc. as an auto glass repair /replacement facility, no base license fee shall be due or owing; however, the Licensee shall have financial responsibility to maintain the property and pay all taxes, if any, as further set forth in the lease; (B) Licensee shall operate the premise in a good and safe condition and shall maintain insurance, as provided in said License Agreement; (C) Licensee shall install and, for the full tern of the license, maintain all improvements on the property, including the landscaping and fencing as detailed in plans approved by Ordinance 11-43 of the Village of Morton Grove; (D) The term of said License Agreement shall be for twenty (20) years from January 1, 2012, through December 31, 2031, so long as Safelite AutoGlass, Inc. continues to own the property commonly known as 8910 Waukegan Road, and that property is continuously used as an auto glass repair /replacement facility; provided either party may terminate said License Agreement by one hundred eighty (180) days advanced written notice. Administration, Community and Economic Development, and Legal Departments. N/A N/A The management and preparation of the appropriate documentation Administrator, Community and Economic Development Director, part of their normal work activities. Approval as presented. Second Reading: Required — April 09, 2012 Special Consider or The owner of the property has requested a waiver of a second Safelite Autoglass facility can begin immediately. Requirements: 1r Respectfully submitted: /t �-- : Prepared by: Ryan Horne, V lage Administrator Pro Tem Teresa He Reviewed by: John D. Said, Community and Economic Development Director will be done by the Village and Corporation Counsel as so construction of the new Counsel ORDINANCE 12 -02 AUTHORIZING A LICENSE AGREEMENT BETWEEN SAFELITE AUTOGLASS, INC. AND THE VILLAGE OF MORTON GROVE FOR VILLAGE OWNED PROPERTY (ALLEY RIGHT -OF -WAY) LOCATED IMMEDIATELY WEST OF 8910 WAUKEGAN ROAD WHEREAS, the Village of Morton Grove (VIL,LAGE), 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 of Morton Grove has a right-of-way interest in a parcel of an alley immediately behind (west) 8910 Waukegan Road. Such parcel is approximately 2,864 square feet, and legally and more specifically described on Exhibit `B" attached hereto and made a part hereof; and WHEREAS, the Corporate Authorities of the Village of Morton Grove has currently determined there is no immediate or necessary requirement or appropriate public use for said property; and WHEREAS, Safelite AutoGlass, 2400 Farmers Drive, Columbus, Ohio, 43235 has expressed a desire to occupy the above described property to be used as an auto glass repair /replacement facility: and WHEREAS, the Corporate Authorities are willing to enter into a License Agreement which would permit Safelite AutoGlass, Inc. to use said property solely as an auto glass repair /replacement facility pursuant to the terms and conditions of that License Agreement attached hereto as Exhibit "A"; and WHEREAS, Village staff has negotiated a License Agreement which is acceptable to Safelite AutoGlass, Inc. and includes the following terms and conditions: A. So long as the property is continually used by Safelite AutoGlass as an auto glass repair /replacement facility, no base license fee shall be due or owing; however, the Licensee shall have financial responsibility to maintain the property and pay all taxes, if any, as further set forth in the lease. B. Licensee shall operate the premise in a good and safe condition and shall maintain insurance, as provided in said License Agreement. C. Licensee shall install and for the full term of the license maintain all improvements on the property, including the landscaping and fencing as detailed in plans approved by Ordinance 11 -43, of the Village of Morton Grove. D. The term of said License Agreement shall be for twenty (20) years from January 1, 2012, through December 31, 2031, so long as Safelite AutoGlass continues to own the property commonly known as 8910 Waukegan Road, and that property is continuously used as an auto glass repair /replacement facility; provided either party may terminate said License Agreement by one hundred eighty (180) days advanced written notice. WHEREAS, the Village Board of Trustees has determined the execution of said License Agreement is in the best interest of the Village. 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 President is hereby authorized to execute a License Agreement between the Village of Morton Grove and Safelite AutoGlass, Inc, for that parcel of an alley immediately behind (west) 8910 Waukegan Road, as specifically identified on the survey attached to said License Agreement, and under the terms and conditions set forth in the same License Agreement attached hereto as Exhibit «A„ SECTION 3: The Village Administrator and his designee is hereby authorized to take any and all actions which are reasonable or necessary to implement and enforce all provisions of said License Agreement. SECTION 4: This Ordinance shall be in full force and effect from and after its passage and approval. PASSED this 26°i day of March 2012. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 26`x' day of March 2012. APPROVED and FILED in my office this 27 °i day of March 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois EXHIBIT "A" The Village and Permittee desire to enter into a License Agreement on the terms, covenants and conditions set forth herein (this "License Agreement "). DEFINITIONS: 1.1 Village: The Village of Morton Grove, Illinois, a home rule municipality of the State of Illinois, with its principal place of business located at 6101 Capulina Avenue, Morton Grove, Illinois. 1.2 Permittee: Safelite Fulfillment, Inc., a Delaware corporation, whose principle place of business is 2400 Farmers Drive, Columbus, Ohio 43235. 1.3 Site: That survey attached hereto as Exhibit "B ", to wit approximately 2,864 square feet of public right - of -way immediately behind (west) of 8910 Waukegan Road, Morton Grove, Illinois 60053 1.4 Effective Date: January 1, 2012 2. LICENSE GRANTED The Village hereby grants to Permittee a license to use and maintain the Site solely for the purpose stated above, 3. TERM The term of this License Agreement shall be for a period of twenty -five (25) years commencing on January I, 2012, and expiring on December 31, 2036, or sooner as provided for in this License Agreement; provided, however, either party hereto may terminate this License Agreement by giving written notice of such termination to the other party at least one hundred eighty (180) days prior to such effective termination date. 4. FIXED MINIMUM FEE Permittee shall not be required to pay a base minimum fee provided Permittee continues to lease 8910 Waukegan Road and uses said property continuously as an auto glass repair/replacement facility. No fixed minimum license fee shall be due or owing for the initial term of the License Agreement. 5. USE The Site shall be used solely for the purpose of an auto glass repair /replacement facility. The Village maintains full rights to access existing and proposed utilities in the alley right -of -way for construction, installation, inspection, maintenance, or repair. 6. UTILITIES The Village shall not be obligated to provide any water, gas or other utilities. 7. SERVICES; ACCESS TO SITE The Village shall not be obligated to provide any cleaning, engineering, security, maintenance or other services and the Village shall have no responsibility or liability for the operation or repair of the Site. The Village shall have reasonable access to the Site for any purpose, including inspection, provided such access does not unreasonably interfere with Pennittee's use. 8. COMPLIANCE WITH LAWS Permittee, at its sole cost and expense, shall obtain all necessary governmental licenses, permits and approvals prior to any improvement, construction, installation, and operation of the Site. Permittee shall operate and maintain DATE OF LICENSE TERM OF LICENS LICENSE FEES March _, 2012 April 1, 2012, through May 31, 2036 (25 years), unless otherwise terminated as provided herein . FIXED MINIMUM LICENSE FEE: waived. subject to the terms herein, Permittee shall pay additional charges as specified in this License Agreement. LOCATION OF SITE: That parcel of a public alley immediately behind (west) of 8910 Waukegan Road, Morton Grove, Illinois, as identified on the survey attached hereto as Exhibit "B ". PURPOSE: Auto Glass Repair /Replacement Facility The Village and Permittee desire to enter into a License Agreement on the terms, covenants and conditions set forth herein (this "License Agreement "). DEFINITIONS: 1.1 Village: The Village of Morton Grove, Illinois, a home rule municipality of the State of Illinois, with its principal place of business located at 6101 Capulina Avenue, Morton Grove, Illinois. 1.2 Permittee: Safelite Fulfillment, Inc., a Delaware corporation, whose principle place of business is 2400 Farmers Drive, Columbus, Ohio 43235. 1.3 Site: That survey attached hereto as Exhibit "B ", to wit approximately 2,864 square feet of public right - of -way immediately behind (west) of 8910 Waukegan Road, Morton Grove, Illinois 60053 1.4 Effective Date: January 1, 2012 2. LICENSE GRANTED The Village hereby grants to Permittee a license to use and maintain the Site solely for the purpose stated above, 3. TERM The term of this License Agreement shall be for a period of twenty -five (25) years commencing on January I, 2012, and expiring on December 31, 2036, or sooner as provided for in this License Agreement; provided, however, either party hereto may terminate this License Agreement by giving written notice of such termination to the other party at least one hundred eighty (180) days prior to such effective termination date. 4. FIXED MINIMUM FEE Permittee shall not be required to pay a base minimum fee provided Permittee continues to lease 8910 Waukegan Road and uses said property continuously as an auto glass repair/replacement facility. No fixed minimum license fee shall be due or owing for the initial term of the License Agreement. 5. USE The Site shall be used solely for the purpose of an auto glass repair /replacement facility. The Village maintains full rights to access existing and proposed utilities in the alley right -of -way for construction, installation, inspection, maintenance, or repair. 6. UTILITIES The Village shall not be obligated to provide any water, gas or other utilities. 7. SERVICES; ACCESS TO SITE The Village shall not be obligated to provide any cleaning, engineering, security, maintenance or other services and the Village shall have no responsibility or liability for the operation or repair of the Site. The Village shall have reasonable access to the Site for any purpose, including inspection, provided such access does not unreasonably interfere with Pennittee's use. 8. COMPLIANCE WITH LAWS Permittee, at its sole cost and expense, shall obtain all necessary governmental licenses, permits and approvals prior to any improvement, construction, installation, and operation of the Site. Permittee shall operate and maintain EXHIBIT "A" the Site in compliance with all applicable local, state and federal laws, regulations or ordinances now in force or which may hereafter be in force. Other than the normal parking of vehicles, Permittee shall not do or permit anything to be done in or about the Site nor bring or keep anything therein which will in any way increase the rate of or affect any fire or other insurance upon the Site or cause a cancellation of any insurance policy covering the Site. Other than the normal parking of vehicles, Permittee shall not exercise its rights hereunder in such manner as will in any way obstruct or interfere with the rights of others in the vicinity of the Site or injure or annoy them, or use or allow the Site to be used for any unlawful or objectionable propose, nor shall Permittee cause, maintain, or permit any nuisance in, on, or about the Site. No loudspeakers or other similar device, system or apparatus which can be heard or experienced outside the Site shall, without the prior written approval of the Village, be used in or at the Site. TERMINATION This License Agreement shall terminate at the end of its term as specified in Paragraph 3 above or as provided elsewhere herein. Upon the expiration or earlier termination of this License Agreement for any reason, Permittee shall, at its sole cost and expense, promptly remove all equipment and all other associated personal property owned or used by Permittee from the Site, and repair all damage to the Site and restore the Site to the condition existing prior to the execution of this Agreement. 0. TAXES Permittee shall be responsible for and promptly pay any and all real estate taxes, assessments, charges, fees or other governmental impositions levied or assessed on the Site due to this License Agreement, or the improvements and uses authorized pursuant to this License Agreement. The Village represents none of the foregoing are currently assessed against the Site. 11. CONDITION AND REPAIR OF SITE A. Permittee accepts the Site as being in good condition and repair and suitable for Penmittee's purposes hereunder. Permittee, at Permittee's sole cost and expense, shall keep the Site in good condition and repair, damage thereto by fire, earthquake, act of God, normal wear and tear, or the elements accepted. The Village has no obligation and has made no promises to alter, remodel, improve or repair the Site or any part thereof and no representations respecting the condition of the Site have been made by the Village to Permittee. B. Permittee shall install and for the full term of the License Agreement maintain all improvements on the property, including the landscaping and fencing as detailed in plans approved by Ordinance 1 1 -43, of the Village of Morton Grove. 12. LIENS Permittee shall keep the Site free from any liens arising out of obligations incurred by Permittee. The Village shall have the right to take any actions the Village deems necessary or desirable to remove or discharge such liens if Permittee fails to do so within thirty (30) days after notice from the Village, and any sums paid by the Village in connection therewith shall be immediately due and payable by Permittee. 3. INDEMNITY Permittee agrees to indemnify, defend and hold the Village harmless, from and against any and all claims, liabilities, demands, costs, damages, losses, actions, causes of action orjudgments (including reasonable legal fees and expenses) which result from or arise out of this License Agreement or Permittee's use or control of the Site. The Village shall not be liable to Permittee for any reason, and Permittee hereby waives all claims against the Village for any injury or damage to any person or property in or about the Site or for any costs or losses incurred by Permittee by or from any cause whatsoever, except that the Village shall remain liable for and such waiver shall be inapplicable to any such claims, costs or losses to the extent the same are due to the gross negligence or willful misconduct of the Village or the Village's entry pursuant to Paragraph 7 or any defect in the Village's title to the Site. Permittee's and the Village's obligations under this Paragraph 13 shall survive the expiration or earlier termination of this License Agreement. 14. SAFETY Permittee represents and warrants all of the Permittee's activities shall be conducted in a safe manner. EXHIBIT "A" 15. INSURANCE 15.1 Commencing on the Effective Date and continuing throughout the remaining term hereof (and, if Permittee shall take possession of or otherwise occupy or conduct activities in or about the Site prior to or after the term hereof, then also during such pre -term period or post -term period), Permittee shall keep in force at Permittee's expense: (i) comprehensive general liability insurance, with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence, for injuries to or illness or death of persons and damage to property occurring in or about the Site and (ii) worker's compensation insurance in statutory limits; the above- described liability insurance shall protect Permittee as named insured and the Village as an additional insured; shall insure the Village's contingent liability as respects acts or omissions of Permittee; shall specifically include the liability assumed by Permittee under this License Agreement; and shall contain a cross- liability endorsement allowing an insured thereunder to recover for injury or damage caused by any of the other insureds. The Village reserves the right to reasonably increase the foregoing amount of liability coverage from time -to -time as the Village determines is required to adequately protect the Village; provided, however, Village shall not exercise its right to increase the liability coverage more than once every five (5) years. 15.2 Each insurance policy required pursuant to this Paragraph 15 shall be issued by an insurance company licensed to do business in the State of Illinois and approved by the Village, which approval shall not be unreasonably withheld, conditioned or delayed, provided it is primary insurance and not excess over or contributory with any other insurance in force for or on behalf of, provided it may not be materially changed, amended, canceled or allowed to lapse unless thirty (30) days prior written notice is first given, and provided no act or omission of Permittee shall affect or limit the obligations of the insurer with respect to any other insured. Each such insurance certificate shall be delivered to the Village by Permittee on or before the effective date of such policy and thereafter Permittee shall deliver to the Village renewal certificates at least thirty (30) days in advance of the expiration dates of expiring policies. In the event Permittee shall fail to procure such insurance, or to 'deliver such certificates, the Village may, at its option, procure the same for the account of Permittee, and the cost thereof shall be paid to the Village by Permittee promptly upon demand, 16. WAIVER OF SUBROGATION The Village and Permittee mutually agree that with respect to any loss which is required to be covered by insurance pursuant to the terms of this License Agreement, the one required to carry such insurance hereby releases the other ofand from any and all claim with respect to such loss; and the Village and Permittee further mutually agree that their respective insurance companies shall have no right of subrogation against the other on account thereof. The effect of such releases and waivers shall not be limited to the amount of the insurance carried or required, or by any deductibles applicable thereto. Each party shall, upon request, obtain and deliver to the other an endorsement from its insurer(s) providing that the waivers contained herein do not affect the insured's coverage. 17. DEFAULT In the event of any breach or default of this License Agreement by Permittee continuing ten (10) business days after written notice with respect to a monetary default and thirty (30) days after written notice or such longer period as is reasonably necessary for non - monetary defaults, then the Village, in addition to any other rights and remedies of the Village at law or in equity, shall have the right to terminate this License Agreement or to have this License Agreement continue in full force and effect. Should the Village so elect to terminate this License Agreement, the Village shall be entitled to recover damages from Permittee for such breach. If the Village elects to terminate this License Agreement, the Village shall also have the immediate right to disconnect and /or remove all equipment and other property from the Site. Such property or Equipment so removed may be stored in a public warehouse or elsewhere at the cost and for the account of Permittee. Should the Village so elect to keep this License Agreement in full force and effect, the Village may at any time thereafter elect to terminate this License Agreement for any subsequent breach or default which remains uncured after any applicable notice and cure period has expired. is, RIGHT OF VILLAGE TO PERFORM All covenants and agreements to be kept or performed by Permittee under any of the terms of this License Agreement shall be performed by Permittee at Permittee's sole cost and expense and without any abatement of the Fixed Minimum Fee, If Permittee shall fail to pay any sum of money required to be paid by it hereunder (other than the Fixed Minimum Fee payable pursuant to Paragraph 4) or shall fail to perform any other act on its part to be performed hereunder and not cure such failure within the applicable cure period, the Village may, but shall not be obliged to, and without waiving any default of Permittee or releasing Permittee from any obligations to the Village hereunder, make any such payment or perform any such other act on Permittee's part to be made or EXHIBIT "A" performed as in this License Agreement provided. All sums so paid by the Village and all necessary incidental costs, together with interest at the prime rate from the date of such payment by the Village, shall be paid to the Village promptly on demand, and the Village shall have (in addition to any other right or remedy of the Village) the same rights and remedies in the event of nonpayment thereof by Permittee as in the case of default by Permittee in the payment of the Fixed Minimum Fee. 19. ASSIGNMENT 9 This License Agreement shall not, directly or indirectly, voluntarily or involuntarily, by operation of law or otherwise, be assigned, mortgaged, pledged, encumbered or otherwise transferred by Permittee or Permittee's legal representatives or successors in interest and the Site shall not be used or occupied for any purpose by anyone other than Permittee, without the prior written consent of the Village first had and obtained in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Any mortgage, pledge, hypothecation, encumbrance or transfer, or any such assignment or use, without the consent of the Village as aforesaid shall be void and, at the option of the Village, shall constitute a default entitling the Village to terminate this License Agreement and shall give rise to all other remedies available to the Village for breach of this License Agreement. If this License Agreement is assigned, whether or not in violation of the terms of this License Agreement, the Village may collect the Fixed Minimum Fee and any additional fees payable by Pernittee from the assignee. If the Site or any part thereof is used by anybody other than Permittee, the Village may collect the Fixed Minimum Fee and any additional fees from such user. In either event, the Village may apply the next amount collected to the Fixed Minimum Fee herein reserved. The consent by the Village to an assignment, transfer, encumbering or other use pursuant to any provision of this License Agreement shall not relieve Permittee or any assignee or user from obtaining the express prior written consent of the Village to any other or further assignment, transfer, encumbering or other use. Neither any assignment of this License Agreement nor any use of the Site or any part thereof by any person other than Permittee, nor any collection of the Fixed Minimum Fee by the Village from any person other than Permittee, nor any application of any such Fixed Minimum Fee as provided in this Paragraph 19 shall be deemed a waiver of any of the provisions of this Paragraph 19 or relieve, impair, release or discharge Permittee of its obligation fully to perform the terms of this License Agreement on Permittee's part to be performed, and Permittee shall remain fully and primarily liable hereunder. 19.2 Notwithstanding anything in this License Agreement to the contrary, Permittee shall have the right to assign this License Agreement without the Village's consent: (a) to any subsidiary, parent, or affiliate; (b) in the event of a merger, acquisition, consolidation, sale or transfer of all or substantially all of the assets of Permittee; or (c) in the event of a reorganization of Permittee; provided, however, that in any such event, Permittee's liability hereunder shall continue. 20. DAMAGE BY FIRE, ETC. If the Site and/or the property commonly known as 8910 Waukegan Road is damaged by fire or other casualty, the Village shall not be obligated to repair any damage to, or to make any replacement of, Permittee's equipment and other personal property, nor any additions, alterations or improvements installed in the Site by or for Permittee, and Permittee shall, at Permittee's sole cost and expense, repair and replace such equipment and other personal property, and such alterations, additions and improvements. All such repair and replacement of alterations, additions and improvements shall be treated as a work of alteration, addition or improvement by Permittee, and shall be subject to the Village approval, which approval shall not be unreasonably withheld, conditioned or delayed. 21. EMINENT DOMAIN If all or any part of the Site shall be taken or appropriated by any public authority under the power of eminent domain or any agreement in lieu thereof (a "Taking "), this License Agreement shall terminate as to the part so taken as of the date of the Taking and, in the case of a partial Taking, either the Village or Permittee shall have the right to terminate this License Agreement as to the balance of the Site by giving written notice to the Village within ninety (90) days after such date; provided., however, that a condition to the exercise by Permittee of such right to terminate shall be that portion of the Site taken shall be of such extent and nature as to render the balance of the Site unusable or uneconomical for Permittee's purposes. In the event of any such Taking, the Village shall be entitled to all compensation, damages, income, Fixed Minimum Fee, awards and interest thereon whatsoever which may be paid or made in connection therewith and Pennittee shall have no claim against the Village for the value of any unexpired term of this License Agreement. Notwithstanding anything in this License Agreement to the contrary, Permittee shall be entitled to claim compensation from the condemning authority for the loss of, m damage to, its its equipment and other property on the Site, relocation and moving expenses, and any other compensation available to a tenant by law or in equity. In the event of a Taking, the Village hereby acknowledges '© EXHIBIT "A" and agrees that (a) Permittee's use of 8910 Waukegan Road shall not be adversely impacted or interrupted, and (b) Permittee shall be entitled to continue to use 8910 Waukegan Road as Permittee was using 8910 Waukegan Road prior to the Taking, no matter the effect of the Taking on the Site or 8910 Waukegan Road. 22. NO WAIVER The waiver by the Village of performance of any term, covenant or condition of this License Agreement shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or by any other term, covenant or condition contained herein. The subsequent acceptance of the Fixed Minimum Fee hereunder by the Village shall not be deemed to be a waiver of any preceding breach by Permittee of any term, covenant or condition of this License Agreement, other than the failure of Permittee to pay the particular Fixed Minimum Fee so accepted, regardless of the Village's knowledge of such preceding breach at the time of acceptance of such payment. 23. NOTICES Notices to the Village shall be addressed to the Village Administrator, Village of Morton Grove, 6101 Capulina Avenue, Morton Grove, Illinois 60053, with a copy to Teresa Hoffman Liston, Corporation Counsel, Village of Morton Grove, 6101 Capulina Avenue, Morton Grove, Illinois 60053. All notices addressed to Permittee shall be addressed to Safelite Fulfillment, Inc., 2400 Farmers Drive, Columbus, Ohio 43235, Attn: Real Estate Department, and demands, which may or are required to be given by either party to the other hereunder, shall be in writing. All notices and demands shall be delivered personally or sent by reputable overnight or same -day courier service or by United States certified or registered mail, postage prepaid, to the appropriate address set forth above, or to such other place as the relevant party may from time -to -time by like notice designate, and shall be deemed delivered upon actual receipt by the party to whom such notice is addressed. 24. ENTIRE AGREEMENT; NATURE OF RIGHTS; MODIFICATIONS This License Agreement constitutes the entire agreement between the Village and Permittee and no promises or representations, express or implied, either written or oral, not set forth herein shall be binding upon or inure to the benefit of the Village or Permittee. This License Agreement is intended to grant Permittee, only, personal rights to maintain and operate the Site. It is not intended to create, and shall not be construed as creating, a tenancy or leasehold or any landlord- tenant relationship. This License Agreement does not create any interest in real property and Permittee's rights hereunder shall be subject and subordinate to any and all real property interest (including fee ownership, leaseholds, master leases and security interests) now or hereafter affecting the Site provided; however, the Village shall obtain recognition agreements for any such Lien. This License Agreement shall not be modified by any oral agreement, either express or implied, and all modifications hereof shall be in writing and signed by both the Village and Permittee. 25. VILLAGE'S LIABILITY; SALE OF SITE The term "Village ", as used in this License Agreement, shall mean only the Village of Morton Grove. Notwithstanding any other provision of this License Agreement, the liability of the Village for its obligations under this License Agreement is limited solely to the Village's interest in the Site, and no personal liability shall at any time be asserted or enforceable against any other assets of the Village or against the Village's officials, employee's contractors or volunteers on account of any of the Village's obligations or actions under this License Agreement. In addition, in the event of any conveyance of title to the Site, then from and after the date of such conveyance, the Village shall be relieved of all liability with respect to the Village's obligations to be performed under this License Agreement after the date of such conveyance, and the grantee or transferee, by accepting such conveyance, shall be deemed to have assumed the Village's obligations to be performed under this License Agreement from and after the date of transfer. In the event the Village contemplates selling the Site or the Village receives an offer to purchase the Site from someone besides Permittee. Permittee shall have the right of first refusal and option to purchase the Site. For a period often (10) business days after delivery by the Village of notice to Permitttee (a "Potential Sale Notice"), which states that the Village is contemplating selling the Site or has received an offer to purchase the Site and detailing the asking price or the principal business terms of the offer, whichever applicable„ Permittee may exercise its right to purchase the Site by delivering notice to the Village which states that Permittee thereby exercises its option as permitted under this Paragraph (an "Exercising Notice"), If Permittee delivers an Exercising Notice to the Village, the Village and Permittee shall enter into a real estate purchase contract. In the event Permittee fails to deliver an Exercising Notice to the Village in the manner required in this Paragraph (i.e. within the ten (10) business day period stated above), Permittee shall be deemed to EXHIBIT "A" have waived its rights under this Paragraph and the Village is free to sell the Site on the same business terms as in the Potential Sale Notice. 26. ATTORNEYS' FEES In the event of any action or proceeding between the Village and Permittee to enforce or interpret any provision of this License Agreement, the losing party shall pay to the prevailing party all costs and expenses, including, without limitation, reasonable attorneys' fees and expenses, incurred in such action and in any appeal in connection therewith by such prevailing party. The "prevailing party" will be determined by the court before whom the action was brought based upon an assessment of which party's major arguments or positions taken in the suit or proceeding could fairly be said to have prevailed over the other party's major arguments or positions on major disputed issues in the court's decision. 27. TIME AND APPLICABLE LAW Time is of the essence of this License Agreement and of each and all of its provisions. This License Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 28. SUCCESSORS Subject to the provisions of Paragraphs 25 the covenants and conditions hereof shall be binding upon and inure to the benefit of the heirs, successors, executors, administrators and assigns of the parties hereto. Agreed this __ day of March 2012. Village of Morton Grove By: Daniel J. Staackmann, Village President Attested:_ _ Tony S. Kalogerakos, Village Clerk Safelite Fulfillment, Inc. By: James R. Randolph, Vice President of Real Estate and Market Development Attested: Gretchen D. Jeffries, Corporate Counsel 1�►�: Lots 3, 4, 5, 6, and 7 in Forest View, being George Landeck's subdivision of the 270 feet of the south 1010.77 feet of Lot 3 and Lot 4 (except the north 336 feet) in the subdivision of the south 23.05 chains of that part lying west of the center of Waukegan road of the southwest quarter of Section 18, Township 41 north, range 13, east of the third principal meridian, according to the plat thereof recorded March 23, 1925, as document 8824927, in Cook County, Illinois. ASSET 1 ELI March 22, 2032 Honorable Dan Staackmann Village of Morton Grove 6101 Capulina Avenue Morton Grove, It 60053 Teresa Hoffman Liston Village of Morton Grove 6101 Capulina Avenue Morton Grove, IL 60053 RE: Ordinance 12 -02 re 8910 Waukegan Road, Morton Grove, Illinois Dear Mayor and Ms. Liston, I am the attorney for SL- Morton Grove, R -'1, L.P, the title owner for 8910 West Waukegan Road in Morton Grove, a subsidiary of Embree Asset Group, Inc. I am writing to respectfully request that the Village Board waive the second reading for the passage of Ordinance 12 -02 as that is the only thing holding up commencement of construction of the new Safetite facility at the property. Sincerely, Steve Sphreiber, Real Estate Counsel Embree Asset Group, Inc. SS /cb N<CJIONAI `',TS DFEV .OF'E:R Legislative Summary Resolution I2 -24 AUTHORIZING THE EXECUTION OF A CONTRACT WITH ARROW ROAD CONSTRUCTION COMPANY FOR THE 2012 STREET IMPROVEMENT PROGRAM Introduced: March 26, 2012 Synopsis: To authorize the Village President to execute a contract with Arrow Road Construction Company for the 2012 Street Improvement Program. Purpose: The 2012 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 39 streets and the Village Hall Parking Lot. Background: This contract was bid through a public process in which the contract was advertised and sealed bids were received. Twenty -one bid packages were purchased and six bids were submitted (bid tabulation attached). Arrow Road Construction Company of Mount Prospect, Illinois was determined to be the lowest responsible bidder. Arrow's qualifications and availability were verified. The proposal amount is $641,472.50 less than the Engineer's Estimate of Cost. The bid process conformed to the Village's purchasing requirements. This project is required to comply with the Illinois Prevailing Wage Act. Village staff has recommended the bid of Arrow Road Construction Company in the amount of $1,988,872.50 be accepted. Programs, Departments Public Works, Engineering Division or Groups Affected Fiscal Impact: The estimated contract value is $1,988,872.50. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Source of Funds: Capital Project Fund 305060 - 553340. Proceeds from 2010 (Forward Morton Grove) bond issue. Enterprise Fund 405033 - 572020. Workload Impact: The Public Works Department, Engineering Division, as part of their normal work activities, performs the management and implementation of the program. Administrator Approval as presented. Recommendation: Special Considerations or None Requirements: Respectfully submitted: P y Reviewed by: ` Rya . Horne, Vi lage Administrator Pro Tern Teresa Hoffman Li, n orporation Counsel A Prepared by: Reviewed by: ` Chris Tomich, Village Engineer 'J De Monte, Monte, Director of Public Works RESOLUTION 12 -24 AUTHORIZATION TO EXECUTE A CONTRACT WITH ARROW ROAD CONSTRUCTION COMPANY FOR THE 2012 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 2012 Street Improvement Program is necessary in order to maintain the Village's infrastructure; and WHEREAS, the 2012 Street Improvement Program includes the following streets: 1. Arcadia St. - Oleander Ave. to Harlem Ave. 2. Central Ave. - Dempster St. to Frontage Rd. 3. Davis St. - Moody Ave. to Austin Ave. 4. Elm St. - Lehigh Ave. to Dead End 5. Forest Dr. - McVicker Ave. to Austin Ave. 6. Foster St. - Harlem Ave. to Sayre Ave. 7. Foster St. - Washington St. to Dead End 8. Foster St. - Oleander Ave. to Shermer Rd. 9. Frontage Rd. - South Park Ave. to Lee St. 10. Lee St. - Menard Ave. to Frontage Rd. 11. Lotus Ave. - Mulford St. to Oakton St. 12. Lyons St. - Washington St. to Maple Ct, 13. Lyons St. - Waukegan Rd. to Oak Park Ave. 14. Madison St. - Parkside Ave. to Linder Ave. 15. Main St. - Linder Ave. to Central Ave. 16. Major Ave. - Frontage Rd. to South Park Ave. 17. Mango Ave. - Frontage Rd. to South Park Ave. 18. Mango Ave. - Lake St. to Church St. 19. Maple Ct. - Maple St. to Lyons St. 20. Marion Ave. - Foster St. to Palma Ln. and 21. Marmora Ave. - Washington St. to Lincoln Ave. 22. McVicker Ave. - Forest Drive to Davis St. 23. McVicker Ave. - Main St. to Lincoln Ave. 24. Meade Ave. - Davis St. to Dead End 25. Meade Ave. - Dempster St. to GreenwoodAve. 26. Menard Ave. - Lake St. to Church St. 27. Merrill Ave. - South Village Limit to Arcadia St. 28. Moody Ave. - Lake St. to Davis St. 29. National Ave. - Com Ed ROW to Church St. 30. Natoma Ave. - Churchill Ave. to Hazel St. 31. Oak Park Ave. - Lyons St. to Beckwith Rd. 32. Oconto Ave. - Lake St. to Arcadia St. 33. Oleander Ave. - Greenwood Ave. to Arcadia St. 34. Osceola Ave. - Foster St. to Patina Ln. 35. Palma Ln. - Marion Ave. to Sayre Ave. 36. Palma Ln. - Oleander Ave. to Osceola Ave. 37. South Park Ave. - Mango Ave. to Frontage Rd. 38. Village Hall Parking Lot 39. Warren Ct. - Marmora Ave. to Dead End 40. Wilson Ter. - Washington St. to Merrill Ave. WHEREAS, the water main under Lyons Avenue from Waukegan Road to Oak Park Avenue has deteriorated and is included in the 2012 Street Improvement Program for replacement; and WHEREAS, the Public Works Department advertised in the February 23, 2012, issue of the Pioneer Press Newspaper inviting bids on the "2012 Street Improvement Program"; and WHEREAS, the notice for this contract was published for fourteen (14) business 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, twenty -one (21) bid packages were purchased; and WHEREAS, six (6) bids were received, publicly opened and read at the Public Works Facility at 10:00 a.m. on Tuesday, March 13, 2012, with the corrected bid results as follows: : and Contractor Total Arrow Road Construction Company $1,988,872.50 Plote Construction Inc. $2,337,978.50 Peter Baker & Son Co. $2.346.458.25 J.A. Johnson Paving Co. $2,4491718.00 A Lamp Concrete Contractors Inc. $2,549,780.00 Schroeder Asphalt Services, Inc. $1567,910.40 WHEREAS, the low bidder is Arrow Road Construction Company of Mount Prospect, Illinois; and WHEREAS, the qualifications and availability of the low bidder have been verified; and WHEREAS, the low bid of Arrow Road Construction Company is $641,472.50 less than the Engineer's Estimate of Cost; and WHEREAS, funding for the above work in the amount of $2,100,000 is available for the roadway work in the Village of Morton Grove 2012 . Adopted Budget in Account Number 305060 - 553340; and WHEREAS, funding for the above work in the amount of $300,000 is available for the Lyons Avenue water main work in the Village of Morton Grove 2012 Adopted Budget in Account Number 405033 - 572020. 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 Arrow Road Construction Company in the amount of $1,988,872.50. SECTION 3. The Village President of the Village of Morton Grove is hereby authorized to execute and the Village Clerk to attest a contract with Arrow Road Construction Company, based upon their bid for the 2012 Street Improvement Program in the amount of $1,988,872.50. SECTION 4. The Village Administrator, Director of Public Works and Village Engineer and/or their designees are hereby authorized to take all steps necessary to oversee, and implement this contract. SECTION 5. This Resolution shall be in full force and effect upon its passage and approval. 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G z z z iz k z V ° z x u? x u m z'z wlgl Ns E � uj 2 tTJ °¢ F O O �g U in V V V V z Z G 0 p p c F2 o o z z° < C p 'olooz��°�o <oap•• <orc za�eC r�rrau< o'�0 ;ae z z S 588 °8 ^8'" v o° °m88 '8 o N Nm8 ^° N &888885 EMIR e 3 HER 8 m �.8 X o I` I, \ : y c;; = :;l;44lG;E ° 4 \ [ §// \ 0 §))! : \ \ \\ :- \ : / \) :. ! \ \ o / / \ \ \}\/ oix \ , 1. Introduced: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Leuislative Summary Resolution 12 -25 � AUTHORIZING THE EXECUTION OF A CONTRACT WITH CIORBA GROUP, INC. FOR PROFESSIONAL ENGINEERING SERVICES March 26, 2012 The Village requires the use of a consulting engineering company to supplement existing engineering staff during peak periods of work or to perform specialized services. Typical projects involve the review of private developments and design of infrastructure. In 2005, the Village staff recommended, developed, and implemented a Request for Qualifications (RFQ) process that included advertisement, review of statements of interest and interviews. This process was used again to procure consulting engineering services. A total of twenty -six statements of interest were received from local firms. Staff recommends the finn Ciorba Group, Inc. to the Board based on their ability to perform the work, institutional knowledge of the Village's infrastructure and value. The agreement signed by Ciorba is attached for your review. Public Works Engineering Division — Responsible for Contract Oversight Approving this resolution does not obligate any cost to the Village. The Village of Morton Grove 2012 Adopted Budget allocates $10,000 to specialized engineering services when the need for services arises. Engineering services exceeding $10,000 would require future Board approval. Engineering services for private development review are 100 % reimbursable by the permit applicant. N/A The management and supervision of this contract will be performed by the Engineering Division of Public Works as part of their normal operations. Approval as presented. Special Considerations or None Requirements: Respectfully submitted: Prepared by: RygKJ. Home, Village Administrator Pro Tern Chris Tomich, Village Engineer Reviewed by: RESOLUTION 12 -25 AUTHORIZING THE EXECUTION OF A CONTRACT WITH CIORBA GROUP, INC. FOR PROFESSIONAL ENGINEERING SERVICES WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village requires the use of a consulting engineering company to supplement existing engineering staff during peak periods of work and /or to perform specialized services; and WHEREAS, Village staff developed and implemented a Request for Qualifications (RFQ) process for consulting engineering services; and WHEREAS, the Village advertised in the April 7, 2011, issue of the Pioneer Press Newspaper inviting firms to submit statements of qualifications; and and WHEREAS, twenty -six local consulting engineering firms submitted statements of qualifications; WHEREAS, the Village reviewed the statements of qualifications and selected three firms for further consideration; and WHEREAS, Village staff recommends the firm Ciorba Group, Inc. to the Village Board based on their ability to perform the work, institutional knowledge of the Village's infrastructure and value; and WHEREAS, Ciorba Group, Inc. performed satisfactorily for the Village in the past; and WHEREAS, the proposed contract is a two -year task order contract with Ciorba Group, Inc. for consulting engineering services on an as needed basis. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1. The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2. The Village President of the Village of Morton Grove is hereby authorized to execute and the Village Clerk to attest a task order contract with Ciorba Group, Inc. for consulting engineering services. SECTION 3. The Village Engineer is hereby authorized to issue individual task orders to Ciorba Group under this contract. SECTION 4. This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 26" DAY OF MARCH 2012 Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 26 "' DAY OF MARCH 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 27"' DAY OF MARCH 2012 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois <fHI Village ofMorton Grove CONSULTING SERVICES CONTRACT This contract ( "Contract"), with an effective date of 4/1/2012 is by and between the Village of Morton Grove ( "VILLAGE ") and Ciorba Group, Inc. ( "CONSULTANT "). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: SCOPE OF SERVICES CONSULTANT shall perform the services as set forth in Attachment A (Contracted Services), Attachment C (Task Order) and Attachment D (Change Order), incorporated herein by reference, and shall strictly conform with the terms and conditions of this Contract. 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 3/31/2014 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, Attachment C (Task Order) and Attachment D issued as part of this contract, 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 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 and defined in Attachment C and Attachment D. VILLAGE shall not have any liability for any other expenses or costs incurred by CONSULTANT other than as expressly set forth in Attachment B, Attachment C and Attachment D. 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. LIEN WAIVER 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. Form Revision 4/6/11 1 of 23 3/19/2012 5 INDEPENDENT CONSULTANT Village of Morton Grove For purposes of this Contract, CONSULTANT is an independent CONSULTANT and shall not be deemed to be an employee, agent orjoint venturer of VILLAGE. CONSULTANT shall be solely responsible for the means and methods for carrying out the Contracted Services. 6 COMPLIANCE WITH THE LAW 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 "). 7 PERMITS AND LICENSES CONSULTANT will obtain and pay for all permits and licenses, registrations, qualifications, and other governmental authorizations required by law that are associated with CONSULTANT's performance of Contracted Services. 8.1 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. 8.2 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. P 9.1 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 to protect and shall be solely and continuously responsible for the health, safety and welfare associated with its employees, subconsultants, agents and those person under the supervision and control of the CONSULTANT with the performance of the Contracted Services. 9.2 CONSULTANT's employees, agents and the employees of its lower tier CONSULTANTS who perform the Contracted Services shall be experienced and properly trained to perform the Contracted Services under such conditions and shall take adequate precautions to protect human health and the environment in the performance of the Contracted Services. Porte Revision: 4/6/11 2 of 23 3/19/2012 Village of Morton Grove 9.3 In the event that CONSULTANT observes a potentially hazardous condition relating to the Contracted Services. CONSULTANT shall bring such condition to the attention of VILLAGE. 10 CONTACT WITH REGULATORY AGENCIES 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. it QUALITY CONTROL PLANS When required by the Scope of 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. 12 TASK ORDERS This contract is a task order contract. The VILLAGE will provide individual task orders to the consultant in the form of Attachment C, incorporated herein by reference. The task order will define the work to be completed, the time for the work to be completed and the compensation to the CONSULTANT for the task. The compensation for each task order will follow the agreed upon labor rates in Attaclvnent B. 13 SUSPENSION OF SERVICES VILLAGE may, at any time, with or without cause, suspend all or any portion of the Contracted Services for a period of up to 90 days ( "Suspended Services "). 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. Form Revisfom 4 /6111 3 of 23 3/19/2012 Po Village of Morton Grove 9.3 In the event that CONSULTANT observes a potentially hazardous condition relating to the Contracted Services. CONSULTANT shall bring such condition to the attention of VILLAGE. 10 CONTACT WITH REGULATORY AGENCIES 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. it QUALITY CONTROL PLANS When required by the Scope of 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. 12 TASK ORDERS This contract is a task order contract. The VILLAGE will provide individual task orders to the consultant in the form of Attachment C, incorporated herein by reference. The task order will define the work to be completed, the time for the work to be completed and the compensation to the CONSULTANT for the task. The compensation for each task order will follow the agreed upon labor rates in Attaclvnent B. 13 SUSPENSION OF SERVICES VILLAGE may, at any time, with or without cause, suspend all or any portion of the Contracted Services for a period of up to 90 days ( "Suspended Services "). 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. Form Revisfom 4 /6111 3 of 23 3/19/2012 14 FORCE MAJEURE Village ofMorton Grove 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 adjustment. For purposes of this Contract, a "force majeure event" is an occurrence or cireurnstance 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 goverimental agencies. 15 TERMINATION FOR CONVENIENCE 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. 16 TERMINATION FOR DEFAULT 16.1 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: A. Failure to strictly adhere to the terms and conditions of this Contract; B. Failure to maintain progress so as to endanger proper performance of the Contracted Services; or C. Failure to maintain adequate financial or legal capacity to properly complete the Contracted Services. 16.2 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 C:ONSULTANT'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. 16.3 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. Form Revision: 416/11 4 of 23 3/19/2012 �z [711age 01forton Grove 17 INSURANCE 17.1 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 SUBCONSULTANTs. 17.2 Minimum Scope of Insurance - Coverage shall be at least as broad as: A. 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 attached sample endorsement including ISO Additional Insured Endorsement CG 2010 (Exhibit A), CG 2026(Exhibit B); and B. Owners and Contractors Protective Liability (OCP) policy with the Village as insured Required if box is eheekedEl; and C. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any Auto." D. Workers' Compensation as required by the Workers' Compensation Act of the State of Illinois and Employers' Liability insurance. E. Builder Risk Property Coverage with Village as loss payee - Required if box is cheekedE 17.3 Minimum Limits of Insurance A. CONSULTANT shall maintain limits no less 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. Form Revision: 4/6/11 5 of." 3 3/19/2012 41G Village of Morton Grove 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. D. 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 payment of losses and related investigation, claim administration and defense expenses. E. 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 of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, leased 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. e. 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. e. 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. Form Revision: 4 /6111 6 of 23 3/19/2012 Villaze of Morton Grove f All general liability coverages shall be provided on an occurrence policy form. Claims -made general liability policies will not be accepted. 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 Iimits not less than $1,000,000 each claim with respect to negligent acts, errors and omissions in connection with professional services to be provided under the contract, with a deductible not- to- exceed $50,000 without prior written approval. 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. F. 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. Form Revision, 4/6/11 7 of.? 3 3/19/2012 G. Verification of Coverage Village of Morton Grove 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 CG 2026. The Village reserves the right to request full certified copies of the insurance policies and endorsements. H. 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. I. Assumption of Liability The CONSULTANT assumes liability for all injury to or death of any person or persons including employees of the CONSULTANT, SUBCONSULTANT or any other person and assumes liability for all damage to property sustained by any person or persons occasioned by or in any way arising out of any work performed pursuant to this agreement. 18 INDEMNITY 18.1 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 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. 18.2 CONSULTANT expressly understands and agrees that any performance bond or insurance policies required by this contract, or otherwise provided by the CONSULTANT, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Village, its officials, agents and employees as herein provided. Form Revision: 4/6/11 8 of 23 3/19/2012 �xu Village of Morton Grove 183 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. 18.4 CONSULTANT shall not be liable under this Article to the extent that such Loss was caused by the sole negligence or willful misconduct of VILLAGE. 19 INFRINGEMENT 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: A. Procure for VILLAGE the right to continue using the infringing subject matter; B. Replace or modify the infringing subject matter so that it becomes non - infringing but still complies with the requirements of the Contract; or C. Reimburse VILLAGE for all payments made to CONSULTANT relating to or impacted by the infringing material and all costs incurred by VILLAGE resulting from such infringement. 20 DISPUTES 20.1 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. 20.2 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. 20.3 Pending any final judicial decision or settlement, CONSULTANT shall proceed diligently with the Contracted Services. Form Revision: 4/6/11 9 of 23 3/19/2012 21 NOTICE Pillage of Morton Grove 21.1 Any notice or communication required or permitted by this Contract shalt be deemed sufficiently given if in writing and when delivered personally or upon receipt of registered or certified mail, postage prepaid with the U.S. Postal Service, and addressed as follows: VILLAGE: Village of Morton Grove Public Works Department 7840 North Nagle Avenue Morton Grove, Illinois 60053 Attn: Mr. Chris R. Tomich, P.E. Village Engineer or, CONSULTANT: Ciorba Group, Inc. 5507 N. Cumberland Ave. Suite 402 Chicago, Illinois 60656 Attn: Mr. Gerald W. Heimsoth President or to such other address as the party to whom notice is to be given has furnished by the receiving party in writing. 22 REMEDIES 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. 23.1 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 "). Fonu Revision: 4/6/11 10 of 23 3/19/2012 Village of Morton Grove 23.2 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. 23.3 CONSULTANT's obligations under this Article shall not apply to Confidential Information that is: A. In the public domain without breach of this Contract; B. Developed independently by CONSULTANT; C. Received by CONSULTANT on a non - confidential basis from others who had a right to disclosure such Confidential Information; or D. Required to be disclosed by Law, but only after actual prior written notice has been received by VILLAGE and VILLAGE has had a reasonable opportunity to protect disclosure of such Confidential Information. 23.4 CONSULTANT shall ensure that the foregoing obligations of confidentiality and use also extend and bind the employees and agents of CONSULTANT and its lower -tier subconsultants and CONSULTANTS who have been provided access to the Confidential Information under this Contract. 24 RIGHTS IN DATA 24.1 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. 24.2 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. 24.3 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 copyrightabte 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. Form Revision: 4/6n 11 of 23 3/19/2012 l5li Village of Morton Grove 24.4 CONSULTANT understands and agrees that all rights under copyright and patent laws 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. 25.1 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 exchanges date /time data with it. This warranty shall survive for the full term of the applicable statute of limitations. 25.2 Within 5 days of discovery of any non - compliance, tine 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. 26.1 In the event of the contractor's noncompliance with any provision of this Equal Employment Opportunity clause, the Illinois Human Rights Act, or the Rules and Regulations of the Illinois Department of Human Rights "Department ", the CONSULTANT may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. 26.2 During the performance of this contract, the contractor agrees as follows: A. That it will not discriminate against any employee or applicant for employment on the basis of race, age, marital status, color, religion, sex, physical or mental handicap unrelated to ability, national origin or ancestry or an unfavorable discharge from military service; and further that they will examine all job classifications to determine if minorities or women are underutilized and shall take appropriate affirmative action to rectify any such undermilization. Form Revision: 4/6111 12 of 23 3/19/2012 'S41'e. :4 Village of Morton Grove B. That, if it hires additional employees in order to perform this contract or any portion hereof, they shall determine the availability (in accordance with the Department's rules of minorities and women in the area(s) from which they may reasonably recruit, and it will hire for each applicable job classification for which employees are hired in such manner that minorities and women are not underutilized. C. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination based on race, color, religion, sex, national origin or ancestry, marital status, age physical or mental handicap unrelated to ability or an unfavorable discharge from the military. D. That it shall send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the contractor's obligations under the Illinois Human Rights Act and the Department's Rules. If any such labor organization or representative fails or refuses to cooperate with the contractor in their efforts to comply with such Act and Rules, the contractor shall promptly so notify the Department and the contracting agency, and shall recruit employees from other sources when necessary to fulfill their obligations thereunder. F. That it shall submit reports as required by the Department's Rules and furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules. F. That it shall permit access to all relevant books, records, accounts and work sites by personnel of the Department and the contracting agency for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules. G. That it shall include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the Department or contracting agency in the event any subcontractor fails or refuses to comply therewith. In addition, no contractor shall utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. Form Revision 4/6/11 13 of 23 3/19/2012 r� Village of Morton Grove 27 COMPLIANCE WITH FREEDOM OF INFORMATION ACT REQUEST 27.1 The Illinois Freedom of Information Act (FOIA) has been amended and effective January 1, 2010, adds a new provision to Section 7 of the Act which applies to public records in the possession of a party with whom the VILLAGE has contracted. The VILLAGE will have only a very short period of time from receipt of a FOIA request to comply with the request, and there is a significant amount of work required to process a request including collating and reviewing the information. 27.2 The undersigned acknowledges the requirements of FOIA and agrees to comply with all requests made by the VILLAGE for public records (as that term is defined by Section 2(c) of FOIA) in the undersigned's possession and to provide the requested public records to the VILLAGE within two (2) business days of the request being made by the VILLAGE. The undersigned agrees to indemnify and hold harmless the VILLAGE from all claims, costs, penalty, losses and injuries (including but not limited to, attorney's fees, other professional fees, court costs and /or arbitration or other dispute resolution costs) arising out of or relating to its failure to provide the public records to the VILLAGE under this agreement. Articles on Indemnity, Confidential Information and Rights in Data shall survive termination of this Contract. 29 ASSIGNMENT AND CONTRACTING 29.1 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. 29.2 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. Fon Revision: 416/11 14 of 23 3/19/2012 Village of Morton Grove 30 AMENDMENT AND WAIVER This Contract may be amended only by a writing executed by each of the parties. Either party may waive any provision of this Contract to the extent such provision is for the benefit of such waiving party. No action taken pursuant to this Contract shall be deemed to constitute a waiver by that party of it's or the other party's compliance with any representations or warranties or with any other provision of this Contract. No waiver by either party of a breach of any provision of this Contract shall be construed as a waiver of any subsequent or different breach, and no forbearance by a party to seek a remedy for noncompliance or breach by the other party shall be construed as a waiver of any right or remedy with respect to such noncompliance or breach." 31 SEVERABILITV The invalidity or unenforecability of any particular provision of this Contract shall not affect the other provisions, and this Contract shall be construed in all respects as if any invalid or unenforceable provision were omitted. 32 GOVERNING LAW The validity, construction and performance of this Contract and all disputes between the parties arising out of or related to this Contract shall be governed by the laws, without regard to the law as to choice or conflict of law, of the jurisdiction set forth in the Contract, or if not expressly set forth, in thejurisdiction where the Project Site is located. 33 VENUE, JURISDICTION AND SERVICE OF PROCESS The parties agree that any suit, action or proceeding arising out of or related to this Contract shall be instituted in the Federal District Court (Chicago) or in the appropriate state court in Cook County, Illinois, and each party irrevocably submits to the jurisdiction of those courts and waives any and all objections to jurisdiction or venue that it may have under the laws of such state or otherwise in those courts in any such suit, action, or proceeding. 34 CONFLICT OF INTEREST The CONSULTANT represents and certifies that, to the best of its knowledge, A. No Village employee or agent is interested in the business of the CONSULTANT or this Contract; B. 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 Form Revision 4/6/11 15 of 23 3/19/2012 Pillage of Morton Grove C. Neither the CONSULTANT nor any person employed by or associated with the CONSULTANT shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Contract. 35 NO COLLUSION 35.1 The CONSULTANT represents and certifies that the CONSULTANT is not barred from contracting with a unit of state or local govermnent as a result of D. 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 Municipal Code, 65 ILCS 5111 -42. 1 -1 et seq.; or E. A violation of either Section 33E -3 or Section 33E -4 or Article 33E of the Criminal Code of 1961, 720 ILCS 5/22E -I et seq. 35.2 The CONSULTANT represents that the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the Village prior to the execution of this Contract, and that this Contract is made without collusion with any other person, firm, or corporation. 35.3 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. 36 CHANGE ORDERS 36.1 VILLAGE may, from time to time, order modifications or changes in the scope of the Contracted Services as defined in the individual Task Orders (Attachment C) ( "Changes ") by written change order in the form of Attachment D ( "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 CONSULTANT's justification for the Change Order. If approved by VILLAGE, an equitable adjustment will be made as appropriate. 36.2 FAILURE OF CONSULTANT TO COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE SHALL CONSTITUTE A WAIVER OF SUCH CLAIM BY CONSULTANT. Form Revision; 4/6/11 16 of 23 3/19/2012 y4Po: .x� Pillage of Morton Grove C. Neither the CONSULTANT nor any person employed by or associated with the CONSULTANT shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Contract. 35 NO COLLUSION 35.1 The CONSULTANT represents and certifies that the CONSULTANT is not barred from contracting with a unit of state or local govermnent as a result of D. 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 Municipal Code, 65 ILCS 5111 -42. 1 -1 et seq.; or E. A violation of either Section 33E -3 or Section 33E -4 or Article 33E of the Criminal Code of 1961, 720 ILCS 5/22E -I et seq. 35.2 The CONSULTANT represents that the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the Village prior to the execution of this Contract, and that this Contract is made without collusion with any other person, firm, or corporation. 35.3 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. 36 CHANGE ORDERS 36.1 VILLAGE may, from time to time, order modifications or changes in the scope of the Contracted Services as defined in the individual Task Orders (Attachment C) ( "Changes ") by written change order in the form of Attachment D ( "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 CONSULTANT's justification for the Change Order. If approved by VILLAGE, an equitable adjustment will be made as appropriate. 36.2 FAILURE OF CONSULTANT TO COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE SHALL CONSTITUTE A WAIVER OF SUCH CLAIM BY CONSULTANT. Form Revision; 4/6/11 16 of 23 3/19/2012 s Village of Morton Grove 36.3 Failure of the parties to agree on whether the Change Order constitutes a compensable 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. 37.1 This Contract embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Contract, and supersedes all prior agreements, understandings, negotiations, representations and discussions, whether verbal or written, of the parties, pertaining to that subject matter. 37.2 The following exhibits are attached and made part of this agreement: 37.3 Attachment A — Contracted Services 37.4 Attachment B — Compensation and Payment 37.5 Attachment C — Task Order 37.6 Attachment D —Change Order Village President I a Hate Form Revision: W1 17 of 23 3/1912012 Attachment A Contracted Services BASIC SERVICES General Village of Morton Grove CONSULTANT shall provide professional services for VILLAGE as detailed in the attached Statement of Qualifications submitted by Ciorba Group, Inc. on May 2, 2011, which are incorporated herein by reference. Individual tasks will be defined by the VILLAGE in Attachment C. rorm Revision: aieii t 18 of 23 3/19/2012 J. Attachment A Contracted Services BASIC SERVICES General Village of Morton Grove CONSULTANT shall provide professional services for VILLAGE as detailed in the attached Statement of Qualifications submitted by Ciorba Group, Inc. on May 2, 2011, which are incorporated herein by reference. Individual tasks will be defined by the VILLAGE in Attachment C. rorm Revision: aieii t 18 of 23 3/19/2012 Attachment B Compensation and Payment METHODS OF PAYMENTS FOR SERVICES AND EXPENSES Village of Morton Grove VILLAGE shall pay CONSULTANT for services rendered as follows: The VILLAGE shall pay CONSULTANT at the hourly labor rates detailed in Exhibit 1 for the specified classification of work. When work is completed by an individual in higher job classification than is required for that work task, the CONSULTANT shall invoice the VILLAGE at the labor rate appropriate for that work task. The VILLAGE shall pay CONSULTANT for direct costs associated with the work as per the rates listed Exhibit 1. No additional markup will be allowed for SUBCONSULTANT charges. VILLAGE shall pay the CONSULTANT an amount authorized by a Task Order or a Change Order. Form Revision: 4/6/11 19 of 23 3/19/2012 5 �»� � fP .A Attachment B Compensation and Payment METHODS OF PAYMENTS FOR SERVICES AND EXPENSES Village of Morton Grove VILLAGE shall pay CONSULTANT for services rendered as follows: The VILLAGE shall pay CONSULTANT at the hourly labor rates detailed in Exhibit 1 for the specified classification of work. When work is completed by an individual in higher job classification than is required for that work task, the CONSULTANT shall invoice the VILLAGE at the labor rate appropriate for that work task. The VILLAGE shall pay CONSULTANT for direct costs associated with the work as per the rates listed Exhibit 1. No additional markup will be allowed for SUBCONSULTANT charges. VILLAGE shall pay the CONSULTANT an amount authorized by a Task Order or a Change Order. Form Revision: 4/6/11 19 of 23 3/19/2012 Exhibit 1 Houri S lary Rates from 4/1/12 to 3/31/13 Village ofMorton Grove Form Revision: 4 /6 /1 20 of 23 3/19/2012 Labor Classification Hourly Description Rate Principal $160 Supervise and direct with final administrative authority. Project Manager $139 Manage staff in performance of engineering work tasks. Supervise engineering work tasks on more complex assignments, Senior Project Engineer $120 Responsible for making decisions and interpretations affecting design. Supervise engineering work tasks under general direction with the Project Engineer $110 responsibility and choice of action in making decisions and interpretations affecting design. Senior Engineer $85 Perform assignments requiring a broad knowledge of engineering fundamentals: under direction, but not immediate supervision. Staff Engineer If $75 Perform tasks requiring knowledge of fundamentals relating to design. Some supervision needed. Perform tasks requiring training experience and some knowledge Staff Engineer f $68 of engineering fundamentals relating to design. Requires immediate supervision. Perform engineering assignment's under general direction with the Senior Structures Engineer slo0 requirement for responsibility and choice of action in making decisions and interpretations affecting design. Structural Engineer $80 Perform assignments requiring a broad knowledge of structural engineeringfundamentals: under immediate supervision. Structures /Senior CADD Perform assignments requiring a broad knowledge of structural Technician $90 detailing and plan preparation: under direction, but not immediate supervision, Construction Service Perform supervisory work requiring special engineering Coordinator $120 requirements or attainments in construction, and offering wide latitude for independent action and decisions. Resident Engineer 111 $110 Perform particularly important engineering work requiring special engineering requirements or attainments in construction. Resident Engineer [U Sr. Perform engineering assignments under general direction on Construction Engineer $85 larger projectswhile being responsibe for making decisions and infer retations affecting construction on intermediate size projects. Resident Engineer I Perform engineering assignments under general direction on /Construction Engineer 11 $75 larger projectswhile responsible for decisions and interpretations affecting construction on smaller projects. Perform tasks requiring training experience and knowledge of Construction Engineer 1 $68 engineering fundamentals relating to construction. Requires immediate supervision. Party Chief $80 Perform supervisory tasks requiring training and experience in surveying techniques and equipment. Instrument Person /Rod Man $62 Perform tasks requiring training and experience in surveying equipment. Form Revision: 4 /6 /1 20 of 23 3/19/2012 Village of Morton Grove Exhibit 1, Continued Direct Cost Rates from 4/1/12 to 3131113 Description Unit £�µ CADD Charges Hour «r Copies Sheet $0.10 Full Size Prints Sheet } Presentation Prints Village of Morton Grove Exhibit 1, Continued Direct Cost Rates from 4/1/12 to 3131113 Description Unit Unit Cost CADD Charges Hour $15.00 Copies Sheet $0.10 Full Size Prints Sheet $1.25 Presentation Prints Sheet $1.50 Mylars Sheet $410 Vehicle (mileage) Mile $0.51 Vehicle (day) Day $45.00 Cell Phone Month $70.00 Form Rmsion: 4r6r11 21 of 23 3/19/2012 Attachment C TASK ORDER Village of Morton Grove In accordance with Article 12 of the Consulting Services Contract dated 4/1/2012 ( "Contract ") between the Village of Morton Grove ( "VILLAGE ") and Ciorba Group, Inc. ( "CONSULTANT "), the CONSULTANT is authorized by the VILLLAGE to perform the following task order as follows: 1 Contracted Services: 2 Time of Performance (attach schedule if appropriate): 3 CONSULTANT's Compensation: All other terms and conditions remain unchanged. VILLAGE Signature Village Engineer I9M CONSULTANT Signature Name (Typed or Printed) Date Form Revision: 416/11 22 of 23 3/19/2012 Attachment D Village ofMorlon Grove In accordance with Article 36 of the Consulting Services Contract dated 4/1/2012 ( "Contract ") between the Village of Morton Grove ( "VILLAGE ") and Ciorba Group, Inc. ( "CONSULTANT "), this Change Order modifies the Contract as follows: 4 Contracted Services: 5 Time of Performance (attach schedule if appropriate): 6 CONSULTANT's Compensation: All other terms and conditions remain unchanged. VILLAGE Signature Village Engineer Date CONSULTANT Signature Name (Typed or Printed) Im Form Revision: 4/6111 23 of 23 3/19/2012 Legislative Summary Resolution 12 -26 AUTHORIZING A TASK ORDER AGREEMENT WITH CIORBA GROUP, INC. FOR CONSTRUCTION ENGINEERING SERVICES FOR Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Special Considerations or Requirements: 2012 STREET IMPROVEMENT PROGRAM March 26, 2012 To authorize the Village Engineer to execute a task order with Ciorba Group, Inc. to provide construction engineering services for the "2012 Street improvement Program ". To provide a comprehensive construction contract administration for the "2012 Street Improvement Program ". The Village intends to rehabilitate asphalt streets as part of the 2012 Street Improvement Program in order to maintain the serviceability of the Village's pavement inventory. The scope of the 2012 program exceeds the capacity of Village staff to provide construction engineering. The Village has a contract with Ciorba to provide professional engineering services to the Village. Village staff has negotiated a scope of work with Ciorba to provide construction engineering services for the 2012 Street Improvement Program. Public Works, Engineering Division $146,777.00 Capital Project Fund 305060- 553340. Proceeds from the 2010 (Forward Morton Grove) bond issue. The Public Works Department, Engineering Division, as part of their normal work activities will perform the management and implementation of the program. Approval as presented. None Respectfully submitted: —_ LanJ dl age Administrator Pro Tem Prepared by: _ Reviewed by: Chris Tomich, Rage Engineer Reviewed by: _ Teresa Hoffman DeMonte, Counsel of Public Works AUTHORIZING A TASK ORDER AGREEMENT WITH CIORRA GROUP, INC. FOR CONSTRUCTION ENGINEERING SERVICES FOR 2012 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 Village intends to rehabilitate asphalt streets as part of the 2012 Street Improvement Program in order to maintain the serviceability of the Village's pavement inventory; and WHEREAS, the scope of the 2012 . program exceeds the expertise and capacity of Village staff to provide construction engineering; and WHEREAS, the Village has an agreement with Ciorba Group, Inc, to provide professional engineering services to the Village; and WHEREAS, Village staff has negotiated a scope of work with Ciorba Group, Inc. valued at $146,777.00 to provide construction engineering services for 2012 Street Improvement Program; and WHEREAS, the 2012 Adopted Budget contains an allocation of $2,100,000 available for the 2012 Street Improvement Program in Capital Projects Fund Account Number 305060- 553340. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1. The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2. The Corporate Authorities accept the negotiated proposal of Ciorba Group, Inc. to provide construction engineering services for the "2012 Street Improvement Program" in the amount of $146,777.00. SECTION 3. The Village Engineer is hereby authorized to execute a task order with Ciorba Group, Inc. to provide construction engineering services for the "2012 Street Improvement Program" SECTION 4. The Village Administrator, Director of Public Works, and /or their designees are authorized to take all steps necessary to complete, supervise, and implement this agreement SECTION 5. This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 26"' DAY OF MARCH 2012 Trustee Trustee Trustee Trustee Trustee 'Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 26`" DAY OF MARCH 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 27 "' DAY OF MARCH 2012 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution I2 -27 -J AUTHORIZING PURCHASE OF A 2012 FORD F59 COMMERCIAL STRIPPED CHASSIS WITH A WALK -IN VAN BODY THROUGH THE NORTH SUBURBAN PURCHASING PROCUREMENT PROGRAM Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommendation: Second Reading: Special Considerations or Requirements- Respectfully submitted: Ryan March 26, 2012 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, which is ajoint purchasing program for local government agencies representing 143 municipalities To replace a 1999 Chevrolet step van with high mileage and hours assigned to the Water Department. The Public Works Department routinely reviews vehicles and equipment for fuel economy, safety, dependability, age, and excessive repair cost, thereby replacing or eliminating equipment that no longer meets the department's needs. Public Works and Finance Departments. Funding in the 2012 Public Works adopted budget have been approved in the amount of $223,053 for replacement of vehicles and equipment. The vehicle replaced pursuant to this resolution will be in the amount of $96,263.00. Enterprise funds. The implementation of the program is done as part of the normal operations of the Public Works and Finance Departments. Approval as presented. Not required. None. Administrator Pro -Tem Prepared by: Reviewed by: Ai 6 De Monte, Director of Public Works Teresa Corporation Counsel TO AUTHORIZE THE PURCHASE OF 2012 FORD F59 COMMERCIAL STRIPPED CHASSIS WITH A WALK -IN VAN BODY 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 who conducted a bidding process for the purchase of a 2012 Ford F59 Commercial Stripped Chassis with a Walk-in Van Body and the low bidder for said purchase was Currie Motors, 9423 W. Lincoln Highway 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 various vehicle purchases; and WHEREAS, the Village Board approved the 2012 Adopted Budget on December 12, 2011, as Ordinance 11 -47, which included account numbers 405033 - 572030, in the amount of $233,05' ) that provides funding for vehicles and equipment replacement; and WHEREAS, the description and purchase price negotiated by the North Suburban Purchasing Cooperative Procurement Program for the vehicle is as follows: 2012 Ford F59 Commercial Stripped Chassis with A Walk -In Van Body: Total: $96,263.00 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 only company listed and described in this Resolution for the purchase of a 2012 Ford F59 Commercial Stripped Chassis with a Walk -In Van Body is approved. SECTION 3: The Director of Public Works and Finance Director of the Village of Morton Grove is hereby authorized to execute an agreement for the Purchase of a 2012 Ford F59 Commercial Stripped Chassis with a Walk -In Van Body for a total amount of $96,263 from Currie Motors, 9423 W. Lincoln Highway Frankfort, Illinois, 60423. SECTION 4: This Resolution shall be in full force and effect from and upon its passage and approval. Passed this 26th day of March 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth Approved by me this 26'h day of March 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois Attested and Filed in my office This 27'x' day of March 2012 Tony S. Kalogerakos, Village Cleric Village of Morton Grove Cook County, Illinois Currie Motors Fleet Presents... mmg�: Prepared Fora Mr. Paul Tobin Prepared Bv: Thomas F. Sullivan Prepared on: March 14, 2012 Prepared For: Prepared By: Mr. Paul Tobin Village Of Morton Grove Thomas F. Sullivan 7840 N. Nagle Currie Motors Fleet Morton Grove, Illinois, 60053 9423 W. Lincoln Highway Frankfort, Illinois, 60423 Phone: 815-464-9200 Fax: 815-464-7500 Ve tiele Prgfile Powertrain Triton 6.8L V -10 SOHC SMPI Engine oil cooler, transmissioi selection * Rear -wheel drive * 2012 Ford F59 Commercial Stripped Chassis 4x2 208" WB DRW Base (F5K) 30 valve engine * 175 amp HD alternator * 750 amp 78 amp hours (Ah) HD battery i oil cooler * 5 -speed electronic automatic transmission with overdrive, lock -up, driver 4.88 axle ratio * Stainless steel exhaust Steering and Suspension Hydraulic power- assist re- circulating ball steering * Steering cooler * 4 -wheel disc brakes with front and rear vented discs * Firm ride suspension * Non - independent front suspension * Front leaf suspension * Front anti -roll bar " HD front multi -leaf springs * Brand name front shocks * DANA 110 rigid rear axle * Rear leaf suspension * Rear anti -roll bar * HD rear multi -leaf springs * Brand name rear shocks * Front and rear 19.5' x 6.00" argent steel wheels." LT225170SR19.5 BSW highway front and rear tires Safety 4 -wheel anti -lock braking system Comfort and Convenience Air conditioning * Cruise control with steering wheel controls * Cruise control with steering wheel controls * Analog instrumentation display includes tachometer, oil pressure gauge, engine temperature gauge, transmission fluid temp gauge, engine hour meter, exterior temp, trip odometer * Steering wheel with tilt adjustment * None front windshield wipers * None front windshield wipers Seating and Interior Seating capacity of 1 * Temporary driver seat front seats * Plastic/rubber gear shift knob Exterior Features Trailer harness Warranty Basic ... 36 month /36,000 miles Powertrain ........................... Corrosion Perforation ...... 60 month /unlimited mileage Roadside Assistance Dimensions and Capacities Output ...... ............................... 362 hp @ 4,750 rpm 1st gear ratio .................. ............................... 3.110 3rd gear ratio ................. ............................... 1.550 not Torque. ....._._ ....................... 2nd gear ratio ............................ 4th gear ratio ............................. estimates only Actual base vehicle, package and or I the dealer s computer system. See salesperson to 60 month /60,000 miles 60 month /60,000 miles 457 lb.-ft. @ 3,250 rpm .................... 2.220 1.000 Printed on March 14, 2012 at 15:02 Price Level: 215 QuotelD: MG201coot Page 2 11'ehicill Prgfild Continued Prepared For: Mr. Paul Tobin Prepared By: Thomas F. Sullivan Dealership: Currie Motors Fleet Dimensions and Capacities (Continued) 5th gear ratio .................. ............................... 0.710 Reverse gear ratio .......... ............................... 2.880 Curb weight .................................. lbs. GVWR ....................... ......... ...._........... 19,50016s. FrontGAWR 7,000 lbs. Rear GAWR Weight_ ..... ... ............ 13,500os. Payload ...................... I ....... .................. 13,496 lbs. .......... Front curb weight ...... ............................... 3,208 lbs. Rear curb weight .......................... 2,796 ins. Front axle capacity Rear axle capacity ..................... 13,500 lbs. Front spring rating ,_. _............_............._ 7,000 lbs, Rear spring rating __...... ....... , 13,500 lbs. Front fire /wheel capacity . ......... .... 7,280Ibs. Rear tire /wheel capacity .................... 13,960 lbs. _ .......... Towing capacity .............................. 6,500 I b s. Length ....._ ................ ..............._............... 350.1 " Wheelbase .................. 208.0 „ Axle to end of frame .............................. " ...................... ...... Front tread ..................... ............................... ... 91.6 „ Rear tread 94.8" Turning radius ..... ........... 28.1' Fuel tank ................... ............................... 40.0 gal. ............................... Pnces antl content availability as shown, are subject to change and shoultl be reatetl as estimates duly. Actual base vehicle, package and option of icing may vary from this estimate because of special local pricing. availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current Information. Reference CT05205242 11/1/2011 Printed on March 14, 2012 at 15:02 Price Level: 216 QuotelD: MG20Foot Page 3 Prepared For: Mr. Paul Tobin Village Of Morton Grove 7840 N. Nagle Morton Grove, Illinois, 60053 Thomas F. Sullivan Currie Motors Fleet 9423 W. Lincoln Highway Frankfort, Illinois, 60423 Phone: 815-464-9200 Fax: 815-464-7500 Ft,., Code Description Class MSRP F5K Base Vehicle Price (F5K) Packages STD 25,280.00 696A Order Code 696A OPT N/C (9911) Engine: 6.8L 3V SOHC ER Triton 1110; (44T) Transmission: 5 -Speed TorgShift Automatic w /OD : Includes tow -haul mode.; (STDAX) 4.88 Axle Ratio; (T91) Tires: 225170Rx19.5G BSW Highway (6); (STDWL) Wheels: 19.5" x 6" Steel (6) Emissions 425 50 State Emissions System OPT N/C Powertrain 99Y Engine: 6.8L 3V SOHC EFI Triton V10 INC Included Torque: 457 ft.lbs. @ 3250 rpm. 44T Transmission: 5 -Speed TorgShift Automatic WOO INC Included Includes tow -haul mode. STDAX 4.88 Axle Ratio INC Included 20J GVWR: 19,50016 Payload Package OPT 1,200.00 includes 13,500 lb. Rear DANA S110 Axle, 7,0001bs front GAWR and 13,500 Its rear GA WR. Wheels & Tires T91 Tires: 225/70Rx19.5G BSW Highway (6) INC Included STDWL Wheels: 19.5" x 6" Steel (6) INC Included Seats & Seat Trim Prices and content availability as shown, are subject to change and should be treated as estimates only Actual base vehicle, package and option pricing may vary from this est;mate because of special local pdclrig, avadabdity or pricing adjustments not afteotea in the dearer a computer system. See salesperson for the most current information. Reference CT05205242 11/112011 Printed on March 14, 2012 at 15:02 Price Level: 215 QuoteID: MG20Foot Page 4 Selec1N(.i Options iion itZE ed Prepared For: Mr. Paul Tobin Prepared By: Thomas F. Sullivan Dealership: Currie Motors Fleet Code Description Class MSRP STDST Seats Not Included (No Pedestal) STD N/C Other Options 208WB 208" Wheelbase STD N/C 572 Air Conditioning Prep Package OPT 390.00 Accessories and Aftermarket Options 1-1tilimaster -01 Utilimaster Walk -In Van Body 20' $29,36232 20'x93.5 "x81" Sliding Cab Doors with Windows and Kasen Key Locks Rear Twin Swing Doors (20') each with Kason Key Locks Slam Lock Hardware Drivers Hi Back Seat -Fixed Pedestal Bulkhead with Center Opening Drivers Convenience Package Interior Lighting Insulated Roof 9" Tread Plate Bumper Tinted Windshield Exterior Mirrors Dupont Imron White Paint Trucklite Exterior Lights 1- Roof. Mounted A/C and Heater Units -Cargo 518" Plywood Liner W/Kemlite Overlay Orion 7k Compartment for Monroe Supplied Generator 3 -Rear Under Body Compartments Utility Bulkhead W1 Opening Kason Latches/Locks AM/FM /CD 24 "Stud Spacing White Painted Wheels Cab A/C (3) Truck Lite LED Cargo Lights- 18" 8" Cargo Floor Planks .125 Upper /Lower Side Wall Thickness Mud Flaps False Wall Storage (Customer Drawing Required) Drains M -20 Interior Package $40,512.00 DRIVERS SIDE. (1) WEATHERGUARD STEEL CHEST BOX (36" L X 20" H X 16" D) WITH CUSHOIN ON TOP ADRIAN STEEL 48 "L X 60" H X 24 "D STEEL SHELF UNIT WITH 3 SHELVES (4) ADRIAN STEEL 4 DRAWER PACKS TO MOUNT ON 3 SHELF UNIT /DRIVERS SIDE - EACH UNIT MEASURES 18 "X X 18 "D X 24 "H ADRIAN STEEL 8'L X 60 "H X 24 "D SHELF UNIT WITH 4 SHELVES/ DRIOVERS SIDE - 8' SHELF UNIT IS MADE UP OF (2) 4' UNITS NEXT TO EACH OTHER 30 "W X 72" H X 24 "D SHOVEL STORAGE LOCKER W /EXPANDED METAL DOOR SHELVING UNIT TO HOLD PLASTICE BINS / APROX 16" W X 72" H X 24" D (4) PLASTIC PARTS BINS 16.5" W X 15" D X 7" H (10) PLASTIC PARTS BINS 8" W X 15"D X 7" H PASSENGER SIDE: (1) WEATHERGUARD STEEL CHEST BOX (36" L X 20" H X 16" D) WITH CUSHOIN ON TOP (5) STEEL LOCKERS 72"H X 15" W X 15" D /PASSENGER SIDE TANK HOLDERS FOR TORCH TANKS W/ HOSE HANGERS OXY /ACETYLENE WELDING KIT Proes and comment availamd, as shown, are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local priding, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current Information. Reference CT05205242 111112011 Printed on March 14, 2012 at 15:02 Price Level: 215 QuotetD: MG201coot Page 5 Selected Options Continued Prepared For: Mr. Paul Tobin Prepared By: Thomas F. Sullivan Dealership: Currie Motors Fleet Code Description Class MSRP - VICTOR PROFESSIONAL SERIES REGULATORS - 315FC HIGH FLOW TORCH HANDLE W/ FLASHBACK ARRESTORS AND CHECK VALVES - CA 2460 CUTTNG ATTACHMENT W/ 1 -1 -101 TIP (CUTS UP TO 3/4 ) - SIZE 1, 3, AND 5 WELDING NOZZLES - SIZE 8 MFA HEATING NOZZLE - STRYKER AND TIP CLEANER - 20'X 114" T -GRADE HOSE (2) RC PROCUCTS STEEL TOOL BOXES 36"X 18 "X 18" - MOUNTED TO PASSENGER SIDE WALL - 13 GA. STEEL CONSTRUCTION - DOUBLE PANEL DOOR - RUBBER DOOR SEAL - STAINLESS STEEL "T" HANDLE WITH THREE POINT LATCH - ADJUSTABLE HINGE - POWDER COATED BLACK FABRICATE AND INSTALL TL WORK BENCH W/ STAINLESS STEEL TOP (2) FOUR DRAWER UNITS MOUNTED ON PASSENGER SIDE REAR UNDER WORKBENCH INSTALL 8" PVC TUBING HANGING FROM CEILING ON PASS SIDE/ CURVING AT THE FRONT ELECTRICAL ITEMS: ONAN 7 KW COMMERCIAL GAS GENEERA TOP MOUNT GENERATOR IN OUTSIDE COMPARTMENT (STATIONARY/ WILL NOT SLIDE) 100 AMP MAIN ELECTRICAL BREAKER PANEL WITH 22 SLOTS FOR BREAKERS WHELEN RECESSED SCENE LIGHTS121N EACH SIDE & 21N THE REAR(TOTAL OF 6 LIGHTS) LABOR TO WIRE SUPPLIED AIR CONDITIONER INTO BREAKER PANEL INSTALL 1 OUTLET OVER WORKBENCH ATTACHED TO THE GENERATOR INSTALL TWO OUTLETS AT THE REAR EXTERIOR /HOOKED UP TO GENERATOR INSTALL 2 RECESSED SCENE LIGHTS RAN OFF OF GENERATOR/ 1 PER SIDE INSTALL 4 RECCESSED LIGHTS (12 VOLT) ONE PER SIDE AND BOTH AT REAR FEDERAL SIGNAL MASTER WITH CONTROL (ARROW STICK) WHELEN LED AMBER FLASHERS (TOTAL OF 8 LIGHTS) (TOP OF BODY ON EACH CORNER) INSTALL ARROW BOARD AT REAR TOP OF BODY (2) GO LIGHTS MOUNTED TO THE FRONT SLOPE OF VAN BODY ON MOUNTING BRACKETS - (2) REMOTE CONTROL SPOT LIGHTS - IN CAB CONTROLS - WHITE IN COLOR MISC ITEMS: SPRAY DURABED OVER ALUMINUM FLOOR SWING UP REAR STEP BUMPER CONE HOLDER MOUNTED ON FRONT BUMPER FABRICATE AND INSTALL 2 "RECIEVER HITCH UNDER REAR BUMPER MANUAL HOSE REEL WITH 50' OF TWIN 114" HOSE FOR OXY ACETYLENE TORCH REEL TO HOLD 50' OF ELECTRIC CORD SHORE POWER PLUG AND CHORD 7 -WAY CONNECTOR, ROUND SOCKET, FLAT PIN, RV STYLE 4 -WAY CONNECTOR, FLAT TYPE SOCKET TOTALQUOTE --------__-------------_-_----.._ _---- _------------- _-- _-- __ - -__ 40,512.00 FORD COMMERCIAL CHASSIS IS TO COME WITH 20' UTILIMASTER WALK IN VAN BODY WITH FALSE WALL ON PASSENGER SIDE, EXTERIOR COMPARTMENT SIZED FOR ONAN GENERATOR, Factory Order # and Quote Accepted By Prices and content availability as shown, are subject to change and should be treated as estimates only Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer s co rporuer system_ See salesperson for the most current information. Reference CT052052421111/2011 Printed on March 14, 2012 at 15:02 Price Level: 215 QuotelD: MG20Foot Page 6 Selected Options Continued Prepared For: Mr. Paul Tobin Prepared By: Thomas F. Sullivan Dealership: Currie Motors Fleet Code Description Class MSRP "A FACTORY ORDER ORDER # MUST BE PROVIDED ONLINE ABOVE AT THE TIME THE QUOTE IS SIGNED AND BECOMES A VALID ORDER, OR A SIGNED CHASSIS SPEC MUST BE SUPPLIED IN ADDITION TO THE SIGNED Vehicle Subtotal $96,744.82 Fuel Charge $0.00 Destination $840.00 Vehicle Subtotal (including Destination) $57,584.82 Prices antl content avai:abili;y as shown, are subject to change and shoud be treated as estimates only Actual base vehicle, package and option pricing may vary, from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealers computer system See salesperson for the most current information. Reference CT0 5 205 2 4 2 1 1111201 1 Printed on March 14, 2012 at 15:02 Price Level: 215 QuotelD: MG20Foot Page 7 Prepared For: Prepared By: Mr. Paul Tobin Thomas F. Sullivan Village Of Morton Grove 7840 N. Nagle Currie Motors Fleet 9423 W. Lincoln Highway Morton Grove, Illinois, 60053 Frankfort, Illinois, 60423 Phone'.815- 464 -9200 Fax: 815-464-7500 Quotation 2012 Ford F59 Commercial p " i Chassis 0: Vehicle Snapshot Engine: 6.81 3V SOHC EFI Triton V10 Transmission: 5 -Speed TorgShift Automatic WOO Rear Axle Ratio: 4.88 GVWR: 19,500 lb Payload Package Description MSRP Vehicle Price (excluding option discounts) $961744.82 Vehicle Subtotal $96,744.82 Option Credits 0.00 Other (Discount)Margin (1,321.82) Incentives 0.00 Total Other Items (1,321.82) Net Selling Price $95,42100 Destination 840.00 Total Quote $967263.00 TOTAL $96,263.00 Customer Signature Acceptance Date Prices and content availability as shown, are subject to change snot should be treated as estimates only Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. Reference CT05205242 111112011 Printed on March 14, 2012 at 15:02 Price Level: 215 QuoteID: MG20Foot Page 8 Prepared For: Mr. Paul Tobin Village Of Morton Grove 7840 N. Nagle Morton Grove, Illinois, 60053 Prepared By: Thomas F. Sullivan Currie Motors Fleet 9423 W. Lincoln Highway Frankfort, Illinois, 60423 Phone: 815-464-9200 Fax: 815-464-7500 FIVarranty 2012 Ford F59 Commercial Stripped Chassis 4x2 208" WB DRW Base (F5K) Description Months /Distance Basic._ ........................................................................_..............._........... ............................... 36 month /36,000 miles Powertrain.._ ....... ............. _..................................................................... ........................._..._. 60 month /60,000 miles Corrosion Perforation ....................................................................... ............................... 60 month /unlimited mileage RoadsideAssistance ............................................................................... ............................... 60 month /60,000 miles as antl content atvs bflity as shown, are subject to change and should be treated as estimates only. Actual base vehicle package and option priding may vary from this aehmate becarree of special total pricing, avelability or pricing adjustments not reflected in the dealers computer system. See salesperson for the most current information. Reference CT0 520524 2 11/112011 Printed on March 14, 2012 at 15:02 Price Level: 215 QuoteW: MG20Foot Page 9 Legislative Summary Resolution 12 -28 AUTHORIZING THE ANNUAL MEMORIAL DAY PARADE AND CLOSURE OF DEMPSTER STREET Introduced: March 26, 2012 Synopsis: This resolution will authorize the 2012 Memorial Day Parade on Dempster Street, Route 58, at 1:30 pm on Sunday, May 27, 2011, which will require the jclosing of Dempster Street, Route 58, either partially or completely between Austin and Ferris Avenues between 12:30 pm and 4:30 pm. Purpose: The Illinois Department of Transportation requires the Village adopt an ordinance approving the closing of Dempster Street. The ordinance also authorizes the Village Engineer to file an application through the Illinois Department of Transportation for the closing of Dempster Street, Route 58, from 12:30 pm to 4:30 pm on Sunday, May 27, 2012, for the Annual Memorial Day Parade, Background: The Memorial Day Parade is a Morton Grove tradition, and each year a resolution is developed authorizing the parade and assuming full responsibility for the direction, protection, and regulation of traffic during the time the detour is in effect and all liabilities for damages of any kind occasioned by the closing of said state route. Programs, Departments Public Works— Placement of barricades and directional information or Groups Affected Police Department — Enforcement and traffic control Fiscal Impact: Overtime associated with above activities Source of Funds: General Fund dollars will be used to support the manpower and equipment costs Workload Impact: All Village Departments will provide their usual support for this activity Administrator Approval Recommendation: Second Reading: None required Special Considerations or None Requirements: Respectfully submitted: —�`- -- Ry J. Horne, Village Administrator Prepared by: 2 --- > Reviewed by: _ Andy eMonte, Public orks Director Teresa Corporation Counsel MEMORIAL DAY PARADE CLOSURE OF DEMPSTER STREET WHEREAS, the Morton Grove Post 4134 American Legion is planning a parade as part of an annual celebration on Sunday, May 27, 2012; and WHEREAS, the parade will commence at 1:30 p.m. and will require the closing of Dempster Street for approximately two hours, either partially or completely between Austin Avenue and Ferris Avenue between the hours of 12:30 pm and 4:30 pm; and WHEREAS, the State of Illinois requires the Village to assume all responsibility and liability involved in closing said State Route. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village Engineer will file an application with the Illinois Department of Transportation for the closing of Dempster Street on Sunday, May 27, 2012, from 12:30 pm to 4:30 pm. SECTION 3: The Village will assume full responsibility for the direction, protection and regulation of traffic during the time the detour is in effect and all liabilities for damages of any kind occasioned by the closing of said State Route. It is further agreed that efficient, all weather detours will be maintained. conspicuously marked and judiciously police patrolled for the benefit of traffic deviated from the State Route, PASSED THIS 26`' DAY OF March 2012. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 26`" DAY OF March 2012. ATTESTED AND FILED in my office This 27°i day of March 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 12 -29 AUTHORIZING THE EXECUTION OF A CONTRACT WITH PRECISION PAVEMENT MARKINGS, INC. FOR THE 2012 PAVEMENT MARKING PROGRAM Synopsis: To authorize the Village President to execute a contract with Precision Pavement Markings, Inc. for the 2012 Pavement Marking Program. Purpose: The 2012 Pavement Marking Program is necessary to maintain the visibility of the streets in the Village. The current program includes renewing pavement markings on approximately 2 miles of roadway segments and more than 10 intersections. Background: This contract was bid through cooperative purchasing which included 4 communities and administered by City of Flighland Park. The contract was advertised and sealed bids were received. Five bid packages were purchased and submitted. Precision Pavement Markings, Inc. (PPM) of Elgin, Illinois was determined to be the lowest responsible bidder. PPM's qualifications and availability were verified. PPM submitted a total bid amount of $166,839.20, which includes work for all 8 communities (bid tabulation attached). The estimated contract cost for work within Morton Grove is $26,417.90. The bid process conformed to the Village's purchasing requirements. This project is required to comply with the Illinois Prevailing Wage Act. Village staff has recommended the bid of Precision Pavement Markings, Inc. in the amount of $166,839.20 be accepted and a contract between Village of Morton Grove and Precision Pavement Markings, Inc. in the amount of $26,417.90 be executed. Programs, Departments Public Works, Engineering Division or Groups Affected Fiscal Impact: The estimated contract value is $26,417.90. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Source of Funds: Capital Project Fund 025017-552290. Workload Impact: The Public Works Department, Engineering Division, as part of their normal work activities, performs the management and implementation of the program. Administrator Approval as presented. Recommendation: Special Considerations or This bid was part of a cooperative procurement program involving multiple area Requirements: communities ( "Municipal Partnering Initiative "), which is supported by Municipal Code Section 1- 9A -6E. Respectfully submitted: t �--zj— Reviewed by: J Ryan 7. rne, Village Administrator Pro Tem Teresa Hoffman Listm , orporation Counsel Prepared by: Reviewed by: Chris Tomich, Village Engineer dy DeMonte, irector of Public Works AUTHORIZING THE EXECUTION OF A CONTRACT WITH PRECISION PAVEMENT MARKINGS, INC. FOR THE 2012 PAVEMENT MARKING 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 Public Works Department maintains pavement markings on roads and at intersections throughout the Village for public safety with an annual pavement marking program; and WHEREAS, the Public Works Department participated in a cooperative purchasing initiative which included four communities and was administered by the City of Highland Park to procure pavement marking services for the "2012 Pavement Marking Program" to install or renew thermoplastic, paint, and preformed thermoplastic pavement marking on approximately 2 miles of roadway segments and at more than 10 intersections: and WHEREAS, an invitation for bids was advertised in two issues of the Pioneer Press Newspaper 2012 Unit Price Pavement Marking Program 42033 and sent to construction bidding websites; and WHEREAS, this work is required to conform to the requirements of the Prevailing Wage Act; and WHEREAS, five bids were received, publicly opened and read at the City of Highland Park Public Works Facility at 11:00 a.m. on March 1, 2012, WHEREAS, Precision Pavement Markings, Inc. of Elgin, Illinois submitted a bid amount of $166,839.20; and WHEREAS, the amount of work to be performed within the Village of Morton Grove based upon the bid unit prices is $26,417.90; and WHEREAS, funding for the above work is included in the Village of Morton Grove 2012 Budget in General Revenue Account 025017- 552290; and WHEREAS, the availability and qualifications of Precision Pavement Markings, Inc. were verified by the City of Highland Park. 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 do hereby approve the low bid of Precision Pavement Markings, Inc., Elgin, Illinois, for the "2012 Unit Price Pavement Marking Program 92033' . SECTION 3: The Village President is authorized to execute and the Village Clerk to attest to a contract for the 2012 Pavement Marking Program with Precision Pavement Markings, Inc. in an amount of $26,417.90. SECTION 4: This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 26th DAY OF MARCH 2012 Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 26`" DAY OF MARCH 2012 Daniel J. Staaekmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 27 "' DAY OF MARCH 2012 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois J£ O sn s> 0 d6 cEz £�F °gym wry A °m 88 ggo $S, � NgN "8 r I ' _ mS�So 880 °°'g 8o °o0 8 000 ° oo $ °° a o e £ o g O ol� R m d 0 0 88 8S8S8S$8 $08 a888S8$$81888 $iog° 80$8 °8 oSSoo88r88° „w° oa v 00 m'N s $f s Sio s 00 g a�w ~°o ( `0 a o o ol0 0 d d P O OAP O c H O ¢ �- � 2 w p O — u c' b a mw p � OI IQ ww x J�0 0 0 g g a 0 8 o SI° 8 o e �I° S oIo oIo °$ w e° o 0 8° a g el< \/ t! \j\ � I - ! !! ;!!!!!! ;: ; , }� ! § ®;z Q §! }!`! !: \ °:`:•,�{ ! /� :! : ; 01 go )} : \ � \j z \ #} \ \ \) ) )� ail \ / \ \(�/ )� )\ \( ) {1 ;i r I:§!" r U \> , u I - >w;!!° •;a � y!!!! ; w ; ; I �I \\ } 004 ;; o ,\\ / § ;) §( ![ \ i i\ /! \I = _ -_ - - r 4\° # / \(! ! i - ;' (` { /§ ( ! ;!_l \ :� ; ;;<`; }/} \\ \Ik a� Q Ua 0z b� 0 ca s o '- �w sr Q'8°oI ° °I� ° °IC o °I ^ o °'° mia IN ° 0 l8 a MN mi�N�wm « 3 NI�I�NPI °081oo8m 88 o 0 0 0 a I°°,80 CIO CQS rv„IN "°.jg Nl »�Im ° $8$$8$$8 0lo w 0 01 0 i I a NIm nI� o M ^' Iry OuwyO �'r - �F- Otl�'UtltlO „ptl000000a 4 ¢ ¢¢�¢ i z C � rvI � N ^F!° o, <i$ °apzz QGa a�o 4m� d Z wI0 ol 33w�? z °z °z t itl� <za �u xd z °oz %a alai ijw W w° z o ° °o°I°o°°'0 0 0 ° 8I$ 0 MIN, 0 ry 0I8 "° r ale S:e �I�:w IN �0 w f 8� 0 ya Uw z o� o S m>rv' III ^ Q Mle S NI."."I° NS In w In 14 nv I I a °a In oS� �I� ti � NI I N bb 3 E v °oI8 N 8!0 8, w o S 8 S 8 8 S ° 00 In NIN NI$ v,IN I.,..� N NIN � Q I °eh SS° 8 8 8S8 =io 8 S88° ry NI„ l S 8 8 IN 8 0 0 8 I 0 0 S & 0 8 o 08 °8 m" «I�w NIN N'o$ n ° „I W � 58,8 �8S d 888 8 °S SS88 w' w 08 m0n I) I Ie m oi„ „ In z x o LL o 0 0 o LL o 0 0 o z z x z x f W o d o 0 0 o d o 0 a oIa a °o `Q o o ua° 0 o �< < oI � w�x w wow o JIo~° w; oIw aw �w F Z�. ry ow o z i�=, z Z�Z ✓ q 'y Q u 2 3 zz z W u w 8 '^ w ww u z a zr" Y x x > c w w 'cIJI¢w Y m6 @� o o a a o Io x a e z ° Z F ° z pl J wIo IT r U w Z a O V OF o 2 �' 3 z j mo V a w w° z zlz u zz °w `o `o d °a z z cc 00 oIL um m a w z o m wvlh a In 6 �g°o one K ? # 101 111 }\ \\ \ \} \ { \()) �)) {/ \ ( \\ \ \ (q \c ! \(( _ ) 000 � , ( \ Z Z \ !{E \ I)` {! .,f! } _ :� Le2islafive Summary Resolution I2 -32 AUTHORIZING THE EXECUTION OF A SERVICE CONTRACT EXTENSION WITH LYONS ELECTRIC COMPANY FOR THE 2012 TRAFFIC SIGNAL AND STREET LIGHTING MAINTENANCE PROGRAM Introduced: March 26. 2012 Synopsis: To authorize the Village Engineer to execute a letter agreement extending the contract for the "2010 Traffic Control and Street Lighting Maintenance 1 Program" with the Lyons Electric Company for one (1) year in the amount of $30,468.00. Purpose: To maintain traffic signals for which the Village is responsible and to maintain Village -owned street lights on arterial and collector streets. Background: Each year the Village contracts with an electrical contractor to assist in the maintenance of street lighting and traffic control signals within Morton Grove. The Village replaced the street Light system on Dempster Street, Ferris Avenue and Lincoln Avenue. The Village also installed new street lights on Waukegan Road. These additional street lights need to be added to the contract so they can be maintained as part of this contract. The contract unit prices for the routine maintenance work will remain unchanged. However, the increase in the number of streetlights will increase the cost of the contract amount. Programs, Departments Public Works. or Groups Affected Fiscal Impact: The estimated contract value for routine maintenance is $30,468.00. Source of Funds: MFT Workload Impact: The Public Works Department as part of their normal work activities performs the management and implementation of the program. i Administrator ( Approval as presented. Recommendation: Special Considerations or None Requirements: Respectfully submitted: Ry i J. Horne, Village Administrator Pro Tem Prepared by: Reviewed by: Chris Tomich, Village Engineer Reviewed by Teresa Hoff4for oration Co unsel Kifidy DeMonte, Director of Public Works RESOLUTION I2 -32 AUTHORIZING THE EXECUTION OF A SERVICE CONTRACT EXTENSION WITH LYONS ELECTRIC COMPANY FOR THE 2012 TRAFFIC SIGNAL AND STREET LIGHTING MAINTENANCE 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 2012 Traffic Signal and Street Lighting Maintenance Program is necessary for the maintenance of Village traffic signal, and arterial and collector street light infrastructure; and WHEREAS, Resolution 10 -22 approved execution of a service contract with Lyons Electric Company for the 2010 Traffic Signal and Street Lighting Maintenance Program; and WHEREAS, Resolution I 1 -08 approved execution of a letter agreement extending the contract with Lyons Electric Company for the 2011 Traffic Signal and Street Lighting Maintenance Program; and WHEREAS, the Village reserves the tight to extend this contract for a period of two (2) years from March 31, 2012 to March 31, 2013, in one year increments, under the same terms and conditions as the original contract; and WHEREAS, Lyons Electric Company has performed work for the Village of Morton Grove in a satisfactory manner; and WHEREAS, the Village of Morton Grove has replaced the lighting system included in this contract located on Dempster Street from Ferris Avenue to Central Avenue, Ferris Avenue, and Lincoln Avenue from Ferris Avenue to School Street, which need to be updated within the terms of the contract; and WHEREAS, the Village of Morton Grove has installed new lighting on Waukegan Road from Caldwell Avenue to Dempster Street, which needs to be added to the schedule of quantities the contract; and WHEREAS, the contract unit price for the various pay items included in the original contract will not change with the extension, but the increased number of streetlights will change the total contract amount; and WHEREAS, Motor Fuel Tax Funds will be used to perform the necessary work; and WHEREAS, funding for the above work is included in the adopted Village of Morton Groves 2012 Budget in Account Number 035060 - 554170. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION I: 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 Engineer is hereby directed to update the schedule of streetlights included in the contract to reflect current conditions; and SECTION 3: The Village Engineer is hereby authorized to execute a Letter of Agreement extending the contract for the "2010 Traffic Control and Street Lighting Maintenance Program" with the Lyons Electric Company, 650 East Elm Avenue, LaGrange, Illinois 60525, for one (1) year until March 31, 2013, in the amount of $30,468.00. SECTION 4: This Resolution shall be in full force and effect from and upon its passage and approval. PASSED THIS 26" DAY OF MARCH 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED BY ME THIS 26`" DAY OF MARCH 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 27'h day of MARCH 2012 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois LeLyislaiiye Summary Resolution 12 -30 —� AUTHORIZING THE EXTENSION OF A CONTRACT WITH CRYSTAL MAINTENANCE SERVICES CORP. FOR JANITORIAL SERVICES AT FOUR MUNICIPAL BUILDINGS Introduced: March 26, 2012 Objective: To authorize the extension of an existing contract with Crystal Maintenance Services Corp. Purpose: The purpose is to extend thejanitorial services contract for an additional two years ending May 31, 2014, at the same terms and conditions as the original contract signed on .June 1, 2008. Background: In an attempt to generate cost savings by combining work scopes and quantities, the Public Works Department has partnered with other communities through the Municipal Partnering Program in some instances which has resulted in a substantial savings. However, after the bid opening on February 9, 2012, at 2:00 pm at the Glenview Finance Department, the bid for-janitorial services came in 40% higher than our current contract. We therefore opted out of the Municipal Partnering bid. During conversations with our current vender (followed by a letter) Crystal Maintenance agreed to hold current prices at $2,990.00 per month for an additional two years, in light of the bid outcome from Municipal Partnering, we would like to extend the contract with Crystal Maintenance for an additional two years. Programs, Departments All Village Departments or Groups Affected Fiscal Impact: $35,880 per year Source of Funds: General Funds Workload Impact: Overseeing company performance by staff Administrator Approval as presented. Recommendation: First Reading: Not required. Special Considerations or None Requirements: � Res pectfully submitted:Ry,. Hornee Administrator Pro Tem Prepared by: Reviewed by: gy Monte, Director of Public Works Teresa Corporation counsel AUTHORIZING THE EXTENSION OF A CONTRACT WITH CRYSTAL MAINTENANCE SEVICES CORP. FOR JANITORIAL SERVICES AT FOUR MUNICIPAL BUILDINGS 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, 2012, at 2:00 pm, at the Village of Glenview's Finance Department a bid opening forjanitorial services was conducted, with the results of the bid process for Morton Grove's basic service being in the amount of $50,400 (which is 40% higher than our current vender); and WHEREAS, on .Tune 1, 2008, our current contract was signed with Crystal Maintenance Services Corp. for maintenance service at four municipal buildings (Village Hall /Police Department, Public Works, Fire Station #4 and the Civic Center) in the amount of $2,990.00 per month equaling $35,880 per year that is due to expire May 31, 2012; and WHEREAS, Crystal Maintenance Services Corp. has agreed to honor the original terms and conditions from the original contract for an additional two years ending May 31, 2014; and WHEREAS, it has been determined by staff, to be in the best interest of the Village of Morton Grove to extend the existing contract for an additional two years. 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: Only the company listed and described on this Resolution for janitorial services be approved in this Resolution. SECTION 3: The Public Works Director of the Village of Morton Grove is hereby authorized to extend a contract with Crystal Maintenance Services Corp. located at Lake Center Plaza, 1699 Wall Street, Suite 504, Mount Prospect, Illinois 60056. SECTION 4. This Resolution shall be in full force and effect upon its passage and approval. PASSED this 26 "h day of March 2012. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 26t" day of March 2012. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 27`h day of March 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois I Y Y' C17-7= i11 Y. ..� .l. -.I. ) .ake Center Plaza < 1699 Wall Street # Suite 504 Mount Prospect, Illinois 60056 March 16, 2012 Village of Morton Grove Mr. Allan Leliew 7840 Nagle Ave. Morton Grove, IL 60053 Re: Janitorial Services Contract Extension Dear Mr. LeHew, Phone: (84 1") 228 -0555 Far.: 68471 228 -o'S8u I would like to personally thank you for giving CRYSTAL MANAGEMENT c& MAINTENANCE SERVICES, CORP., the opportunity to provide jantorial sernices for the Village of Morton Grove. In regards to our conversation, we would like to extend our contract for an additional 2 years in the amount of'. S 2,990.00 per month The effective date will be June 1.2012 through May 3 L 2014 and it will be under the same terms and conditions as originally stated in our Proposal for Janitorial Cleaning Services. If you have any questions or need any assistance, do not hesitate to call at your convenience. Thank you again for your time and consideration. Your business is very important to us. SINCERELY, ivlonika Talar General Manager Crystal Management & Maintenance Services, Corp. LeEislative Summary L Resolution I2 -31 Introduced Synopsis: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: AUTHORIZING THE EXECUTION OF A CONTRACT WITH IMPACTOR P & P, INC. FOR THE DEMOLITION AND REMOVAL OF VACANT STRUCTURES IN THE LEHIGH /FERRIS REDEVELOPMENT DISTRICT March 26, 2012 To authorize the Village President to execute a contract with Impactor P & P, Inc., for the demolition and removal of structures in the Lehigh /Ferris TIF Redevelopment District. 'File properties located at 8720 - 8726 Ferris Avenue, and 8533 Callie Avenue have been acquired to further the Village's goal of bringing reinvestment to the area. These buildings are currently in a state of disrepair and they pose a possible threat in their vacant condition. The demolition will improve the safety and appearance of the properties until complete redevelopments of these sites are initiated. The Lehigh /Ferris TIP Redevelopment District was established in 2000 in an effort to bring new development to the area. Since that time, the Village has acquired various parcels in an effort to assemble sites suitable for redevelopment. In their current vacant condition, the structures have little value and pose a possible safety threat due to disrepair. The Building Commissioner has recommended the Village owned properties located at 8720 -8726 Ferris and 8533 Callie be demolished. The Village followed proper public bidding processes and received 15 sealed bids. The lowest qualified bidder was Impactor P &P of Bloomingdale, Illinois. The qualifications and availability of the lowest qualified bidder have been verified and the Building Commissioner recommends the Village enter into a contract with Impactor P &P based on their bid. Community & Economic Development, Building, Public Works The estimated contract value is 529,000.00 Tax Increment from Lehigh - Ferris TIF District - Account No.: 151099- 571070. The Building and Public Works Departments will manage and oversee the work (with assistance from other divisions) as part of their normal work activities. Approval as presented. March 26, 2012 Special Considerate or None Requirements: Ryan I. Horne, il(age Administrator Pro Tem Respectfully submitted: Prepared by; /,Ti °e 7 yid William P. Porter, Building Commissioner Pro Teal Reviewed by: Teresa H44Tnkn Liston, Corporation Counsel f AUTHORIZING THE EXECUTION OF A CONTRACT WITH IMPACTOR P & P, INC. FOR THE DEMOLITION AND REMOVAL OF VACANT STRUCTURES IN THE LEHIGH /FERRIS REDEVELOPMENT DISTRICT 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 Lehigh/Ferris Tax Increment Financing (TIF) Redevelopment District and Plan was established in 2000 to encourage redevelopment of the underutilized sites near the train station; and WHEREAS, the Village has subsequently assembled several properties in the district including properties located at 8720 - 8726 Ferris Avenue, and 8533 Callie Avenue; and WHEREAS, these structures are currently vacant and pose a possible threat to the safety, health, and welfare of the citizens of the Village of Morton Grove; and WHEREAS, the Building Commissioner Pro Tern has recommended these properties be demolished; and WHEREAS, the Village prepared a bid specification dated January 12. 2012, describing the scope of the proposed work and posted this bid specification and invitation to bid on the Village's website; and WHEREAS, the bid specifications were distributed to numerous companies; and WHEREAS, fifteen (15) sealed bids were received, publicly opened and read in the Village's Public works Department at 10:00 a.m. on Friday, February 10, 2012, with the bid results as follows: CONTRACTOR - ADDRESS CAhLIE AVE FERRIS AV" TOTAL BID IT BID Impaceor P &P Inc 358 W. Army Trail Rd, 7,000 221000 29,000 k140 Bloomingdale, IL 60108 ! _ �G &L Contractors, Inc j7901 N. St. Louis Ave 6,240 23,660 29,900 Skokie IL 60076. Deneen, Inc P.O. Box 269 5,000 301000 35,000 River Grove, IL 60171 KFL Excavating 2300 W. 167' St. 14,043.51 24,406.95 38,450.46 Markham, IL 60428 Quali EExcavation, 2432 W. Barry Ave 10,500 32,000 42,500 Inc Chicaco, IL 60616 j Leon Construction 1407 South 61" Ave 15,000 and the Village 1 34,8'78 49,878 7Co• Cicero IL 60804 Bloomingdale, Illinois �AIbreco 1684 E. Oakton St 16,600 35,180 51,'780 Enterprises, Inc Des Plaines, IL 60018 Alpine Demolition 520 S. River St. 16,000 39,300 56,300 Services LIT Batavia, IL 60510 1 Anthem Excavation & P.O. Box 496 16,400 39,400 55,800 Demolition, Inc Itasca, IL 60143 The E Company 249 West Lake Street 10,9G0 53,435 64,335 e;lmnurst, IL 60126 National Wrecking Co 2441 N. Leavitt St 22,600 44.,200 C 66,800 Chicago, IL 60647 John Ne.n. 770 W. Factory Rd 8,000 6 0,0 G0 68,000 f Construction Co., Addison, IL 60101 Inc Lenny Hoffman 3636 Lake Ave 16,757 i 54,971 71,728 Excavation, Inc. Wilmette, IL 60091 , green Demc1 it ion, 9�7 W. Dickens Ave 15, 70C 56, F00 72, 5 00 Inc Chicago, iIL 60614 , Cer�d ac 4ndast;rial N. Skokie HWY 4206 21,000 53,460 74,460 v :�.ce Corp Lake B uf., IL 60044 ; and WHEREAS, the Village intends to complete this work in the spring months and to redevelop most of these sites in the future; and WHEREAS, the lowest bidder Impactor P & P Inc., was thoroughly evaluated by Village staff and deemed to be the lowest responsible bidder; and WHEREAS, Impactor P & P, Inc. has previously completed similar work in the City of Evanston, City of Cary, and Village of Maywood in a responsible and satisfactory manner and this bid is deemed to best satisfy the objectives and scope of this project; and WHEREAS, the qualifications and availability of Impactor P & P, Inc. have been verified; and WHEREAS, the costs associated with the demolition are eligible to be paid by the Lehigh - Ferris TIF Redevelopment District; and WHEREAS, the demolition of these structures was anticipated and funding for this work is included in the Village of Morton Grove 2012 Adopted Budget in Account Number 151099-571070. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOI{ COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village President is hereby authorized to execute and the Village Clerk to attest to a contract with Impactor P & P, Inc 358 W. Army Trail Road, #140 Bloomingdale, Illinois 60108, based upon their bid for the demolition and removal of the structures in an amount not to exceed $29.000.00. SECTION 3: The Village Administrator, Building Commissioner and/or their designees are hereby authorized to take all steps necessary to implement and supervise this contract. SECTION 4: This Resolution shall be in full force and effect upon its passage and approval. PASSED this 26 " day of March 2012 Trustee DiMaria Trustee Gomberg Trustee Marcus Trustee Grear Trustee Thill Trustee Toth APPROVED by me this 26 "' day of March 2012 Daniel D. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 27 '11 day of March 2012 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Ordinance 12 -08 AMENDING TITLE 4, CHAPTER I, SECTION 3, AND TITLE 45 CHAPTER 5, SECTION 6 OF THE MUNICIPAL CODE TO MODIFY WHEN BUSINESS LICENSES AND LIQUOR LICENSES ARE DUE Introduced Objective Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: March 12, 2012 To amend the Village Code Sections 4 -1 -3 and 4 -5 -6 to change the renewal dates for Village business and liquor licenses. The amendments proposed in this ordinance will bring the term for business and liquor licenses in cogjunetion with the Village's Municipal Code fi-om January I to December 31 so they may all run concurrently. The Village's current Code requires business and liquor license fees be renewed each year on May 1. Village staff is currently in the process of reviewing and updating its procedures and applicable ordinances for the application process ofbusiness and liquor licenses and the regulation of local businesses. The Village Board shall review a comprehensive overhaul of Title 4 within the next six months. Staff has recommended as part of these revisions, business licenses and liquor licenses run concurrent with the Village's budget, i.e., January I through December 31. fn order to accomplish this change it is necessary at this time to amend 4 -1 -3 (Renewal Periodc.for Business Licenses) and 4 -5 -6 (Renewal Periods,for Liquor Licenser) to state effective January 1, 2013, licenses shall run on a calendar year basis and for 2012 licenses will run from May I to December 31, and the fees for said licenses shall be prorated based on this eight month period. This ordinance will amend the Code to effectuate this change. Administration, Finance, and Legal Departments Not applicable Not applicable The Administration, Finance, and Legal Departments will implement this ordinance in the course of their normal duties. Approval as presented. Required — code amendment, March 26, 2012 None Administrator Approval Ry 1 J�e, Village Administrator Prepared by: ✓ ` j Y Teresa Hoffinan Ljd't Corporation Counsel AN ORDINANCE AMENDING TITLE 41 CHAPTER I, SECTION 3, AND TITLE 41 CHAPTER 5, SECTION 6 OF THE MUNICIPAL CODE TO MODIFY WHEN BUSINESS LICENSES AND LIQUOR LICENSES ARE DUE 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, Title 4, Chapter I, Section 3 and Title 4, Chapter 5, Section 6 of the Village Code of the Village of Morton Grove addresses the length of time business licenses and /or liquor licenses shall be held by a local business within the Village's corporate limits; and WHEREAS, the Village of Morton Grove, through its elected officials, has have determined the best interest of the Village will be served by changing the time for the renewal of business and liquor licenses from starting in May 1 and ending on April 30 to beginning on January 1 and ending on December 31, effective January I, 2013; and WHEREAS, in order of accomplish this change it is necessary to amend the Village's Municipal Code for 2012 only and prorate the business licenses and /or liquor licenses for the period of May 1, 2012 to December 31, 2012 (8 months); and WHEREAS, henceforth, all business and liquor licenses shall run concurrently with the Village of Morton Grove Municipal Budget from January I to December 31. 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 malting the findings as heremabove set forth. SECTION 2: Title 1 entitled Business Regulations, Chapter I entitled Business and License Regulations, Paragraph 3 entitled Licenses Granted, Term of the Municipal Code is hereby amended by repealing the existing Paragraph 4 -1 -3 to be replaced with a new Paragraph 4 -1 -3, to read as follows: 4 -1 -3: LICENSES GRANTED, TERM: Every Iicense except as otherwise provided shall be signed by the president and attested by the office of the finance director /treasurer under the corporate seal. Licenses shall run from January 1 to December 31 each year, except for 2012, when licenses shall run from May 1 through December 31 and the fees for such licenses shall be prorated at'/ of the annual fee. In all cases where it is not otherwise express provided, the president and board of trustees shall have the power to hear and grant applications for licenses, upon the terms specified by this chapter. (Ord 91 -51, 11 -11 -1991; Ord 12- , 03- 26 -12) SECTION 3: Title 1 entitled Business Regulations, Chapter 3 entitled Liquor Control, Paragraph 6 entitled Privilege Granted by License of the Municipal Code is hereby amended by repealing the existing Paragraph 4 -3 -6 to be replaced with a new Paragraph 4 -3 -6, to read as follows: 4 -3 -6: PRIVILEGE GRANTED BY LICENSE.: A liquor license granted pursuant to this chapter is solely a personal privilege, and unless sooner revoked pursuant to this chapter or by federal or state law shall last for no more than one year; from January 1 (or later for an initial application) through December 31, except for 2012, when licenses shall run from May 1 through December 31 and the fees for such licenses shall be prorated at '/4 of the annual fee, except for classes "G ", "J", and "K" licenses which shall expire on the date specified thereon. A license shall not constitute property and may not be transferred. It shall not be used as collateral, nor be subject to voluntary or involuntary attachment, assignment, garnishment, or execution, encumbrance or hypothecation, nor shall it descend by the laws of tcstate or intestate devolution. Renewal of this license is a privilege and shall not be construed as a vested right which shall limit or prevent the decreasing number of licenses to be issued within the Village. No license shall be renewed under this section unless the manager of the licensed establishment. and each employee of the licensee who is or will be engaged in the selling, mixing. preparing, or serving of alcoholic Iiquor at the licensed premises has successfully completed a Basset program, TIPS program or such other alcohol sales and service training program approved in writing by the commissioner. (Ord 10 -13, 6 -14 -2010; Ord 12- , 03- 26 -12) SECTION 4: This Ordinance shall be in full force and effect from and after its passage and approval. PASSED THIS 26`x' DAY OF MARCH 2012. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 26`x' DAY OF MARCH 2012 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILES in my office This 27 °i day MARCH 2012 Tony S. Kalogerakos, Village CIerk Village of Morton Grove Cook County, Illinois LegisIatfve Surnfnary Ordinance 12 -09 AMENDING TITLE 4, CHAPTER 3, SECTION 16 ENTITLED LIQUOR CONTROL OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced: March 26, 2012 Synopsis: This ordinance amends and updates Title 4, Chapter 3, Section 16 to require establishments and their employees to card anyone who appears to be under the age of 35 purchasing an alcoholic liquor. Purpose: To add a provision to Title 4 Chapter 3, Section 16 to require establishments and their employees to card individuals who appear to be under the age of 35. Background: The Village President, in his capacity as the Local Liquor Control Commissioner, directed staff to review and update the Village's liquor control ordinance to prohibit any business or their employees from selling alcoholic liquor to any person who appears to be under the age of thirty - five (35 years of age unless that person has a valid State of Illinois picture I.D. or driver's license, or U.S. passport. Programs, Departs Liquor Control Commission, Village Administrator, Police Department, Finance Department, or Groups Affected Legal Department Fiscal Impact: The adjustment will have a minimal impact on the Village's finances. Source of Funds: Not applicable Workload Impact: The implementation of this ordinance will be performed by the Village President, the Morton Grove Police Department, Finance Department, and Legal Department. Admin Approval as presented Recommendation: Second Reading: Required — Code Amendment (April 9, 2012) Special None Considerations or Requirements: Respectfully submitted: Prepared and Reviewed by: Administrator Pro Tom Teresa Hofff* Liston, Corporation Counsel AN ORDINANCE AMENDING TITLE 4, CHAPTER 3, SECTION 16 ENTITLED LIQUOR CONTROL OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE 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, the Local Liquor Control Commission is proposing Title 4, Chapter 3, Section 16 of the Municipal Code be updated to state no business or their employees shall sell alcoholic liquor to any person who appears to be under the age of thirty -five (35) years of age without that person first furnishing a valid state picture I.D., driver's license, or U.S. passport; and WHEREAS, the proposed amendments are in the Village's best interest. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 4, Chapter 3, Section 16 entitled Prohibited Conduct Relating to Minors is hereby amended to read as follows: 4 -3 -16: PROHIBITED CONDUCT RELATING TO MINORS: A. No person or licensee nor any officer, associate, member, representative, agent, or employee of such licensee shall sell, give, or deliver alcoholic liquor to any person under the age of twenty one (21) years. B. No person or licensee nor any officer, associate, member, representative, agent, or employee of such licensee shall sell alcoholic liquor to any person who appears to be under the age of thirty-five (35) without first requiring said person to furnish a valid State of Illinois picture I.D. or driver's license, or U.S. passport. C. No person under the age of twenty one (2 1) years shall purchase, obtain or consume alcoholic liquor. residence or property. A person is deemed to violate this subsection if he knowingly D. A licensee shall display a sign at the licensed premises at all times in a prominent place, which shall read substantially as follows: WARNING TO PERSONS UNDER 21 YEARS YOU ARE SUBJECT TO A FINE OF UP TO ONE THOUSAND DOLLARS ($1,000) UNDER THE ORDINANCE OF THE hILLAGE OF MORTON GROVE IF YOUPURCHASE ALCOHOLIC LIQUOR, OR MISREPRESENT YOUR AGE FOR THE PURPOSE OF PURCHASING OR OBTAINING ALCOHOLIC LIQUOR. ALL UNLAWFUL ATTEMPTS TO PURCHASE ALCOHOL SHOULD BE REPORTED TO THE MORTON GROVE POLICE DEPARTMENT 847 -470 -5208 E. No person shall permit any person under the age of twenty one (2 1 ) to be or remain at any establishment where the sale of alcoholic liquor is the principal business unless accompanied by his or her parent or guardian, or any lawful employee eighteen (18) years of age or older. No parent or guardian shall permit his or her child to violate any of the provisions of this section. G. No person under the age of twenty one (2 1) years shall falsely represent that he or she is at least twenty one (21) years of age, or present or offer to any licensee, his agent or employee, any proof or evidence of age and identity that is false, fraudulent, or not actually his or her own for the purpose of ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure any alcoholic beverage. H. No person under the age of twenty one (21) years shall have in his or her possession any false or fraudulent written, printed, or photostatic evidence of age and identity. No person under the age of twenty one (2 1) years shall have any alcoholic liquor in his or her possession on any street or highway or in any public place or in any place open to the public, unless such person is making a delivery of alcoholic liquor in pursuance of the order of his or her parent. No person shall rent a hotel or motel room for the purpose of or with the knowledge that such room shall be used for the consumption of alcoholic liquor by a person under the age of twenty one (2 1) years. K. No person shall permit a person under the age of twenty one (21) to consume alcoholic liquor at his residence or property. A person is deemed to violate this subsection if he knowingly authorizes, enables, or permits his property to be used for the consumption of alcoholic liquor by a person under the age of twenty one (21), or by failing to control access to either the residence or the alcoholic liquor maintained in the residence. L. No person shall have alcoholic liquor in his or her possession on public school district property on school days or at events on public school district property when children are present unless the alcoholic liquor is in the original container with the seal unbroken and is in the possession of a person who is not otherwise legally prohibited from possessing the alcoholic liquor, unless the alcoholic liquor is in the possession of a person in or for the performance of a religious service or ceremony. M. No licensee shall permit any employee or any person under the age of twenty one (21) to sell, serve, handle, draw, pour, or mix any alcoholic liquor on the licensed premises. N. The possession and dispensing, or consumption by a person under twenty one (21) years of age of alcoholic liquor in the performance of a religious service or ceremony, or the consumption of alcoholic liquor by a person under twenty one (2 1) years of age under the direct supervision and approval of a parent or guardian or person standing in loco parentis of such person under twenty one (21) years of age in the privacy of a home, is not prohibited by this article. (Ord. 06 -20, 6 -12 -2006) SECTION 3: The terms and conditions of this ordinance shall be severable and if any section, term, provision, or condition is found to be invalid or unenforceable by any reason by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions, shall remain in full force and effect. SECTION 4: In the event this ordinance or any code amendment herein is in conflict with any statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict. Except as amended in this ordinance, all chapters and sections of the Village of Morton Grove Village Code are hereby restated, readopted, and shall remain in full force and effect. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 26`h day of March 2012. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Great Marcus Thill Toth APPROVED by me this 26'h day of March 2012. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 27h day of March 2012. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois