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HomeMy WebLinkAbout2010-04-26 AgendaAGENDA VILLAGE OF MORTON GROVE MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER APRIL 26, 2010 Meeting 7:00 pm 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes — 5. Public Hearings 6. Special Reports 7 S. N Special Meeting of April 12, 2010 Regular Meeting of April 12, 2010 a. Presentation Regarding the Importance of Design Review Practices and Community Appearance Regulations to be made by John Hedrick and Laurie Marston from the Senior Advisor Chaddick Institute for Metropolitan Development Resident's Comments (agenda items only) President's Report— Administration, Northwest Municipal Conference, Council of Mayors, TIF Committee, Capital Projects, Real Estate Committee a. Board appointments are requested as follows: Appearance Commission — 3 year term Donna Hedrick Advisory Commission on Aging — 3 year term Pat Donahoe Clerk's Report — Legal, Cable and Telecommunications Commission a. Approval of Executive Session Minutes b. Release of Executive Session Minutes C. Destruction of Tapes of Executive Sessions as Authorized by the Illinois Open Meetings Act 10. Staff Reports a. Village Administrator 1) Miscellaneous Reports and Updates b. Corporation Counsel 11. Reports by Trustees a. Trustee DiMaria — Community and Economic Development Department, Waukegan Road TIF Review, Comprehensive Plan, Real Estate Committee, Lehigh/Ferris TIF Review, Economic Development, Dempster Street Corridor Plan (Trustee Thill) b. Trustee Gomberg — Finance Department, Community Relations Commission, Finance Advisory Commission, Northwest Municipal Conference, Condominium Association (Trustee Toth) 1) Ordinance 10 -12 (Introduced April 26, 2010, First Reading) Amending the Village's 2010 Adopted Budget to Account for Revenues and Expenditures for the Acceptance of a Low Bid Contract with A -Lamp Concrete Contractors, Inc. for the Lincoln Avenue and Ferris Avenue Roadway Improvements C. Trustee Grear — Fire Department, Emergency Management Agency, RED Center, NIPSTA, Police and Fire Commission (Trustee DiMaria) I) Ordinance 10 -10 (Introduced April 26, 2010, First Reading) Establishing the Morton Grove Foreign Fire Tax Board 2) Resolution 10 -33 (Introduced April 26, 2010) Authorizing an Agreement Between the Village and All Around Amusements, Inc., to Supply Carnival Rides and Amusements for the 2010 Through 2011 Fourth of July Festivities 3) Resolution 10 -35 (Introduced April 26, 2010) Authorizing the Annual July 4 Parade and Closure of Dempster Street d. Trustee Marcus — Family and Senior Services Department, Police Department, Environmental Health, Police and Fire Commission, IT Communications, Chamber of Commerce (Trustee Gomberg) e. Trustee Thill — Public Works, Capital Projects, Traffic Safety Commission, Natural Resource Commission, Solid Waste Agency of Northern Cook County, Advisory Commission on Aging (Trustee Marcus) 1) Resolution 10 -30 (Introduced April 26, 2010) Authorizing the Execution of a Contract and Acceptance of the Low Bid with A -Lamp Concrete Contractors, Inc. for the Lincoln Avenue and Ferris Avenue Roadway Improvements 2) Resolution 10 -31 (Introduced April 26, 2010) Authorizing the Execution of a Contract with Strand Associates, Inc. for Professional Engineering Services for the Lincoln Avenue and Ferris Avenue Roadway Improvements 3) Resolution 10 -34 (Introduced April 26, 2010) Authorizing the Purchase of Six Plows (Four Fixed and Two Reversible) for Use by the Public Works Department 11. Reports by Trustees (continued) f. Trustee Toth — Building Department, Appearance Commission, Capital Projects, Plan Commission/Zoning Board of Appeals (Trustee Grear) 1) Ordinance 10 -11 (Introduced April 26, 2010, First Reading) Deleting Title 4, Chapter 4, Article A Entitled Electrical Contractors and Amending Title 4, Chapter 4, Article C Entitled Building Contractors of the Municipal Code of the Village 12. Other Business 13. Presentation of Warrants — $426,669.05 14. Resident's 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. MINUTES OF THE APRIL 12, 2010, 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 Mayor Daniel J. Staackmalm who led the assemblage in the pledge of allegiance. Clerk Kalogerakos called the roll. In attendance were: Elected Officials: President Daniel Staackmann, Trustees Dan DiMaria, Larry Gomberg, William Great, Sheldon Marcus, John Thill, Maria Toth, and Village Clerk Tony Kalogerakos Village Staff: Village Administrator Joseph P. Wade, and Corporation Counsel Teresa Hoffman Liston Also Present: None Mayor Staackmann stated the purpose of this meeting was to discuss a review of Executive Session minutes, pending litigation, persom:el issues, and the purchase and sale of Village owned real estate, and such topics are appropriate for Executive Session. Mayor Staackmann asked for a motion to adjourn to Executive Session. The motion was made by Trustee Toth and seconded by Trustee Thill to discuss a review of Executive Session minutes, pending litigation, personnel issues, and the purchase and sale of Village owned real estate. The motion was approved unanimously pursuant to a roll call vote at 6:02 pm. At the conclusion of the Fxecurve Session, Trustee Toth moved to adjourn the Special Meeting. The motion was seconded by Trustee Gomberg and approved unanimously pursuant to a voice vote at 6:52 Pin. Minutes by: Tony S. Kalogerakos, Village Clerk Special meeting, minutes.04 -12 -10 CALL TO ORDER I. Village President Dan Staackmann called the meeting to order at 7:02 p.m. After leading the assemblage in the Pledge of Allegiance, he directed the Village Clerk to call the roll. II. Village Clerk Tony Kalogerakos called the roll. Present were: Trustees Dan DiMaria, Larry Gomberg, Bill Grear, Shel Marcus, John Thill, and Maria Toth. APPROVAL OF MINUTES a. Regarding the Minutes of the Special Meeting of March 22, 201 D, Trustee Marcus moved, seconded by Trustee Toth, to accept the Minutes as presented. There was no discussion. Motion passed unanimously via voice vote. b. Regarding the Minutes of the March 22, 2010 Regular Meeting, Trustee Marcus moved, seconded by Trustee Gomberg, to accept the Minutes as presented. There was no discussion. Motion passed unanimously via voice vote. IV. PUBLIC HEARINGS IReliT5 V. SPECIAL REPORTS NONE VI. RESIDENTS' COMMENTS (Agenda Items Only) NONE Minutes of April 12, 2010 Board Meeting VII. PRESIDENT'S REPORT Mayor Staackmann related the sad news that a member of the Village's Advisory Commission on Aging had passed away. Gerd Kansoer died after a long battle with pancreatic cancer. She will be missed. Mayor Staackmann expressed his and the Board's condolences to Gerri's husband, Pat. 2. Mayor Staackmann proclaimed April 30, 2010, as "Arbor Day' in the Village. He noted that Arbor Day was first celebrated with the planting of more than a million trees in Nebraska. Mayor Staackmann said that Morton Grove has been recognized as a "Tree City USA" by the National Arbor Day Foundation. He urged all citizens to support efforts to protect the nation's trees and woodlands, and to support the Village's urban forestry program, noting that trees are not only a renewable resource, but also increase property values, enhance the economic vitality of business area, and beautify the community. 3. Mayor Staackmann asked for concurrence to appoint David Lewis to the Economic Develop- ment Commission for a 3 -year term. Trustee DiMaria moved, seconded by Trustee Gomberg, to concur with this appointment. Motion passed unanimously via voice vote. VIII. KI Mayor Staackmann publicly thanked Trustees Gomberg and Thill for going to Springfield, IL to represent the Village in the annual municipal legislation activities there. He thanked them for taking time away from their families to attend this two -day event. CLERK'S REPORT Clerk Kalogerakos had no formal report. STAFF REPORTS A. Village Administrator Dempster Street Status Report Mr. Wade asked Public Works Director Andy DeMonte to give this report. a. Mr. DeMonte said that, west of Austin Avenue, the new 12" water main is up and running. Most businesses are hooked up to it. East of Austin, the new main has been pressurized up to Menard, waiting for sam�les to come back before services can be hooked up. Probably by the end of the day April 13` , the 12" main will be completed to Central. Next steps include removing old hydrants on old mains, taking out old valve vaults on the old mains, filling the old mains with slurry and abandoning in place. b. Mayor Staackmann asked if the project was ahead of schedule. Mr. DeMonte replied that it is; the project will likely be completed by the end of April. All in all, things are going very well. Trustee Thill commented that the contractor has been very neat and clean. Mr. DeMonte said they're an excellent company. U4 STAFF REPORTS (continued) Minutes of April 12, 2010 Board Meeting c. Trustee Marcus added that the contractor seems very well- organized, and said he appreciated the accommodations the contractor made daily for rush hour traffic. He wondered when "phase 2" of the Dempster Street work would begin. d. Mr. DeMonte said he was not 100% sure where the Illinois Department of Transportation (IDOT) was on the Resurfacing /Roadway Improvement project. e. Trustee Marcus asked if the barricades would come down. Mr. DeMonte said they would, and traffic flow would be back to normal, at least until IDOT is ready to begin its portion of the work. He said Village Engineer Chris Tomich knew more about (DOT's schedule, and he would find out from him and let the Board know. f. Trustee Thill complimented Mr. Wade, Mr. DeMonte, and Mr. Tomich for putting it into the contract about keeping the area clean and keeping traffic moving. g. Mr. DeMonte said Public Works has been using the reverse 9 -1 -1 phone system to let people and businesses in the area know of any temporary water shut -offs, and it's been working very well. h. Mr. Wade commented that the second part of the project is in the bidding period, and the Village would have a better idea of the timeframe once the bids have been opened. 2. Mr. Wade noted that Golf Road would be closed from 5:00 p.m. on Saturday, April 17, 2010 until 6:00 p.m. on Sunday, April 18, for METRA bridge reconstruction work. Trustee Thill asked if METRA could close the road after rush hour; Mr. Wade responded that METRA is trying to avoid the Monday thru Friday peak travel periods by closing the road Saturday evening into Sunday evening. B. Corporation Counsel: Ms. Liston had no report. X. TRUSTEES' REPORTS A. Trustee DiMaria: Trustee DiMaria had no report. Trustee Gomberq: Trustee Gomberg had no formal report, but announced that Wednesday, April 21, is "Administrative Professionals Day". He wanted to commend all the administrative profession- als who work for the Village and who sometimes have to "endure the wrath" of angry residents. He related that he had overheard a resident who was upset about the increased price of Village vehicle stickers and was letting the front - counter personnel know, in no uncertain terms, how angry he was about it. U B. Trustee Gomberq: (cont'd.) TRUSTEES' REPORTS (continued) Minutes of April 12, 2010 Board Meetin Trustee Gomberg encouraged residents who are upset to "vent to the Board" instead of taking their ire out on the Village's administrative professionals because they are not the ones who made the decision to raise fees or passed the Budget. He urged residents to come to a Board Meeting to express their anger, or make an appointment with any of the Board members to talk about it further. Trustee Gomberg said that Mayor Staackmann has already met with a number of individuals about a variety of concerns. He said that a healthy dialogue between residents and the Village Board only strengths the democratic process. Trustee Gomberg thanked the Village's administrative professionals and said he hoped they would keep up their good work and friendly demeanor. He said, "We couldn't do ourjobs without them." C. Trustee Grear: Trustee Grear announced that the Morton Grove Chamber of Commerce's annual golf outing is scheduled for Wednesday, June 16, 2010 at 11:00 a.m. Discounts of up to $50 per four- some are available if you sign up for this event before April 30, 2010. To sign up, call Kathy at 847 - 965 -0330 or email director(a)mgcci.org. This information is also available on the Village's website. D. Trustee Marcus: Trustee Marcus presented Resolution 10 -26, Authorizing an Agreement Between the Village of Morton Grove and the North Shore Senior Center. He explained that the Village currently operates the Department of Family and Senior Services, which predominantly provides programs and services for older adults at the American Legion Memorial Civic Center. However, the Village can no longer afford to staff and operate these services. After an exhaustive search, the Village has determined that North Shore Senior Center would be the best organization to operate these specialized programs and to continue to provide these services to the older adults in the community. This resolution authorizes the Village to enter into an agreement with North Shore Senior Center to operate and provide services to older adults at the Civic Center. The Department of Family and Senior Services will provide oversight. Trustee Marcus moved to approve Resolution 10 -26, seconded by Trustee DiMaria. Trustee Grear thanked Trustees Thill and Marcus for their hard work in determining the best provider, and for their recommendation of North Shore Senior Center. He also thanked the other organizations that had been "in the running ", and said that he had originally been inclined to "go local," but after discussions with Family & Senior Services Director Jackie Walker- O'Keefe, realized that the recommendation of the North Shore Senior Center was a sound one. Trustee Marcus thanked the staff and director of North Shore Senior Center for participating in the discussions. 0 D. Trustee Marcus: (continued) TRUSTEES' REPORTS (continued) Minutes of April 12, 2010 Board Meeting', Mayor Staackmann called for the vote. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aave Tr. Gomberg acre Tr. Grear aerie Tr. Marcus acre Tr. Thill aae Tr. Toth afire 2. Trustee Marcus next presented Resolution 10 -27, Authorization for the Purchase of Police Pursuit Vehicles Through the Illinois State Bid Program, Contract #4015559. He explained that, every three years, high - mileage squad cars are replaced to insure that key equipment utilized by the Village's police officers would not fail during their normal course of duty. The squad cars are used 24 hours a day and they need to be in excellent condition at all times. High mileage vehicles are either rotated back into the Village fleet for administrative use or sold at public auction. Four squad cars were budgeted in the CY2010 Budget, at a total cost of $92,000. However, the Village, through the Illinois State Bid Program, will be able to obtain these vehicles at a unit cost of $21,845.25 each, or a total of $87,381, for a savings of approximately $4,000. Trustee Marcus moved, seconded by Trustee Thill, to approve Resolution 10 -27. Motion passed: 6 ayes, 0 nays. Tr. DiMaria acre Tr. Gomberg acre Tr. Grear aerie Tr. Marcus acre Tr. Thill acre Tr. Toth acre E. Trustee Thill Trustee Thill presented Resolution 10 -24, Approving An Agreement For Access to Cook County Geographic Information System Data. He explained that the Cook County Assessor's office has a geographic information system database and is willing to make it available to the Village at no cost. This will allow the Village to access GIS data from the Assessor's office to facilitate the Village in its decision- making processes with respect to the management and maintenance of properties and governmental services. Trustee Thill moved to adopt Resolution 10 -24, seconded by Trustee Toth. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear afire Tr. Marcus acre Tr. Thill acre Tr. Toth aye Trustee Thill then presented Resolution 10 -28, Authorizing An Agreement Between the Village of Morton Grove and Integrys Energy Services, Inc. For Competitively Priced Electricity. Trustee Thill said that, prior to 2007, the Village of Morton Grove purchased electricity from Commonwealth Edison. In 2006, the Village hired a consultant to solicit and review bids from qualified vendors to supply electricity for the Village's two pumping stations. Based on the consultant's recommendations, the Village entered into an agreement with Integrys Energy, X. TRUSTEES' REPORTS (continued) Trustee Thill: (cont'd.) Minutes of April 12, 2010 Board Meeting Service, Inc. This year, the Village's consultant, Energy Choices, PC has again solicited bids for electrical supply to the two pumping stations, and again, the lowest bidder was Integrys Energy Service, Inc. They have proven to satisfactorily meet the Village's energy needs at a favorable price. The Village expects to save approximately $22,000 by contracting for electricity from Integrys. Trustee Thill moved to approve Resolution passed: 6 ayes, 0 nays. Tr. DiMaria awe, Tr. Gomberg Tr. Marcus awe Tr. Thill 10 -28, seconded by Trustee Toth. Motion awe Tr. Grear awe awe Tr. Toth awe 3. Next, Trustee Thill brought forward Resolution 10 -29, Authorizing the Sale of Surplus Personal Property Owned by the Village of Morton Grove. He explained thatthe Public Works Department annually reviews vehicles and equipment conditions to determine whether it is still useful. Ordinance 05 -27 allows the Village to sell surplus motor vehicles pursuant to an Ordinance approved by simple majority of the Board. The vehicles to be sold include three 2000 Ford Crown Victorias and one 2005 Crown Victoria. The auction will be held on May 1, 2010, at 10:00 a.m. at the Arlington Heights Public Works facility. Trustee Thill moved to approve Resolution 10 -29, seconded by Trustee DiMaria. Mayor Staackmann said this information is on the Village's website and that he would make sure the address was also included. Upon the vote, the motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg awe Tr. Grear awe Tr. Marcus awe Tr. Thill awe Tr. Toth aar_e 4 Trustee Thill also reminded everyone that electronic recycling at Morton Grove's Public Works facility, 7840 Nagle, will begin this Wednesday, April 14. Resident can dispose of consumer electronics on Wednesdays between 1 and 3 p.m. and on Fridays between 10 a.m. and noon. At this point, there is no end date. "Consumer electronics" includes computers, keyboards, DVD players, fax machines, laptops, mice, monitors, mobile phones, PCs, zip drives, TVs, MP3 players, PDAs, printers, scanners, VHS players, peripherals, and video game consoles. 5 Trustee Thill reported that the painting of the north water tower is proceeding on schedule and should be finished by first week of May. g Trustee Thill said that, weather -wise, it was a pretty good winter, so the Village's salt dome is full. He was hopeful[ that the Village wouldn't have to purchase all of its requested tonnage, but if it does have to, Mr. DeMonte will have to figure out how to store it. U F XI. XII. TRUSTEES' REPORTS (continued) Trustee Toth: Minutes of April 12, 2010 Board Meeting Trustee Toth presented Resolution 10 -32, Allowing the Extension of the Janitorial Services Contract with Crystal Maintenance Service Corp., Mount Prospect, Illinois. She explained that the Village contracts for janitorial cleaning services at the Village Hall, Police Department, Fire Department offices, Public Works offices, and Civic Center. Crystal Maintenance Service was awarded the contract after a competitive bidding process in 2008. The current quality of work performed meets contract specifications and Village standards. Crystal Maintenance has agreed to provide the service at no increase in cost from the June 2008 pricing. This resolution would approve the extension of the current janitorial contract for an additional two years, until May 31, 2012, with no increase in contract price. Trustee Toth moved to approve Resolution 10 -32, seconded by Trustee Grear. Motion passed: 6 ayes, 0 nays. Tr. DiMaria acre Tr. Gomberg acre Tr. Grear acre Tr. Marcus aye Tr. Thill aave Tr. Toth acre Trustee Toth invited all resident to celebrate Library Week, which is April 11 through April 17. A highlight this year will be on April 15 at 6:30 p.m., when special guests will read from their favorite stories. Representatives from the schools, Park District, Library Board, Police Department, and Village Board will participate. On a sadder note, Trustee Toth expressed condolences on behalf of the entire Village Board to all the Village's Polish neighbors and friends in light of the horrific plane crash this weekend that killed the Polish President and First Lady and many of Poland's political and cultural elite. OTHER BUSINESS Mayor Staackmann announced that Morton Grove Days will be happening again over the Fourth of July. Raffle tickets have been printed, and there will soon be a posting on the Village's website about where raffle tickets can be purchased. He said he hoped everyone would do their part by buying raffle tickets, which help fund the festivities of that weekend. WARRANTS Trustee Gomberg presented the Warrant Register for April 12, 2010 in the amount of $955,248.26. He moved to accept the Warrants, seconded by Trustee Thill. Trustee Thill had several questions: a. On page 1, he asked about a check for about $3,000 for Advocate Occupational Health. Fire Chief Tom Friel explained that this is part of a required annual physical to be in compliance with State and Federal (OSHA) requirements. b. On page 2, there is a check for $69.75 for American Taxi for the senior taxi program. Trustee Thill asked Jackie Walker- O'Keefe if requests for taxi discounts have increased now that there's a charge to use the bus, and if there is a "cap' on the number of discounts a person Minutes of April 12, 2010 Board Meeting XII. WARRANTS (continued) can receive. Ms. Walker- O'Keefe said seniors can get up to 20 discount coupons at a time. In the first quarter this year, there were 134 one -way rides taken, compared to 81 in the same time period in 2009. C. Trustee Thill asked if an $884 payment to Groot on page 7 was for those instances where the Village receives the payment, and then reimburses Groot for it. Finance Director Ryan Horne said that was correct, adding that part of that was financial assistance as well. He also wondered about a check for a $500 deposit return, and asked if that is that where someone took out a permit and then didn't need it. Building Commissioner Ed Hildebrandt said there were two of these on the Warrant List. He explained that, when a permit is issued, the Village collects a $500 deposit, like a bond, and keeps it until the work has been com- pleted, inspected, and approved. At that point, the deposit would be returned. This usually pertains to water service improvements. e. Trustee Thill asked Chief Friel about a $4,250 payment to St. Francis Hospital. Chief Friel responded that funds are allocated annually for continuing education programs for paramedics as required by law. There are also administrative fees paid out to St. Francis for recordkeep- ing. There was no further discussion on the Warrants. Upon the vote, the motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg acre Tr. Grear acre Tr. Marcus aye Tr. Thill acre Tr. Toth acre XIII. RESIDENTS' COMMENTS Rosetta Metz. Ms. Metz thanked Trustee Toth for promoting Library Week and spotlighting the "Storybook Extravaganza' happening on April 15. She encouraged everyone to attend. Ms. Metz noted that the Library would be holding a "Spring Blast" on Saturday, April 24, from 10:00 a.m. to 2:30 p.m., with activities and fun for the entire family. Ms. Metz also noted that Giordano's would be donating 20% of patrons' bills to the Farmers' Market on Wednesday, April 14. She hoped everyone would eat at or order carry-out from Giordano's that night. b. Rudy Firenzic. Mr. Firenzic wondered what was going on. Mayor Staackmann said he had publicly apologized at the last meeting for not having the study completed that he had hoped to have finished by the end of the first quarter of the year. He explained that the depleted staff and extraordinary projects on Dempster had caused the study to be delayed. Mayor Staackmann said that he has now met with Public Works Director Andy DeMonte, Village Engineer Chris Tomich, and Water Department Supervisor Joe Dahm, and hopefully will have a report in three weeks or so. He told Mr. Firenzic that the Village wants to take care of this problem. Mr. Firenzic said he would wait, then, but commented that he's "still monitoring the rainfall ". Mayor Staackmann said he appreciated his patience. Mr. Firenzic also had an issue about six years of unpaid traffic tickets. Mayor Staackmann encouraged him to go to the Adjudication Committee meeting on April 14 `h. Minutes of April 12, 2010 Board Meeting' XIV. ADJOURNMENT/EXECUTIVE SESSION There being no further business, Trustee DiMaria moved to adjourn the meeting. Trustee Thill seconded the motion. Motion passed unanimously via voice vote. The meeting adjourned at 7:39 p.m. PASSED this 26th day of April, 2010. Trustee DiMana Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 26th day of April, 2010. Daniel J. Staackmann, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 27th day of April, 2010. Tony S. Kalogerakos, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes Oy'. Teresa Cousar Legislative Summary Ordinance 10 -12 AN ORDINANCE TO AMEND THE VILLAGE OF MORTON GROVE 2010 BUDGET TO ACCOUNT FOR EXPENDITURES FROM THE LEHIGH- FERRIS TIE DISTRICT FUND Introduced: Synopsis: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: April 26, 2010 To amend the Adopted 2010 Budget for various capital projects within the Lehigh - Ferris TIF District. To reflect current cost estimates for projects in the Lehigh - Ferris TIF District.. The Lehigh - Ferris TIF District contains a wide variety and large number of public and private improvements. The primary source of funding for these improvements has been the proceeds from a bond issue in 2007 in the amount of $9.2 million, and TIF increment generated within the District. The 2010 Budget, as adopted, pursuant to Ordinance 09 -32 listed anticipated capital projects and improvements totaling $8,512,000. Since the passage of the budget, the Village has received truer bids, confirmed negotiated fees, and refined estimates of cost for such projects and has determined the correct amount to be budgeted is $7,528,000. This change in anticipated expenditures is also due to the fact that the schedule for some project has changed since the 2010 Budget was prepared. The $2.5 million project to improve the grade crossing of the Metra tracks at Lincoln Avenue will likely not occur in 2010. Moving most of this allocation from the 2010 Budget (and into a future year Budget) decreases the overall anticipated expenditure from the Capital Projects total in the Lehigh - Ferris TIT District Fund, even though estimated costs for most 2010 projects have increased. The proposed amendments will provide better fiscal management of the expenditures in the Lehigh - Ferris TIF District Fund. Public Works, Engineering Division and Finance Department This ordinance will amend the 2010 Budget by reducing the allocation for capital projects from $8,512,000 to $7,528,000, but also eliminates three projects (i.e. Railwalk, Metro Yard Relocation and Metra Grade Crossing Improvements) from the planned number of projects to be completed in 2010. Lehigh - Ferris TIF District Fund N/A Approval as presented. April 26, 2010 Municipal Code requires a majority vote by two- thirds of the Board for approval of this budget amendment ordinance. Respectfully submitted: / �iEP Reviewed by: Joseo F. Wfide, Village Administrator Teresa Hof Prepared by: Chris Tomich, Village Engineer Reviewed by: Ryan Horne, Finance Director /Treasurer Counsel F � Reviewed by: Andy De e, Director of Public Works ORDINANCE 10 -12 AMENDING THE VILLAGE OF MORTON GROVE 2010 BUDGET TO ACCOUNT FOR EXPENDITURES FROM THE LEHIGH- FERRIS TIF DISTRICT FUND 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, pursuant to Ordinance 09 -32 the budget for Calendar Year 2010 was adopted by the Board of Trustees on December 14, 2009; and WHEREAS, pursuant to Ordinance 09 -32 and pursuant to Section 65 ILCS 5/8 -2 -9.1 et seq the Calendar Year Budget document represents an estimate of revenues available to the municipality for the fiscal year together with recommended expenditures for the municipality pursuant to good fiscal management practices; and WHEREAS, pursuant to Title 1, Chapter 9E, Section 6 of the Municipal Code of the Village of Morton Grove, the Corporate Authorities may from time -to -time amend its adopted budget by a vote of two - thirds of its members; and WHEREAS, from time -to -time changing circumstances and priorities may necessitate amendments to the budget document; and WHEREAS, the 2010 Budget includes appropriations for capital projects anticipated to be completed during the year in the amount of eight million five hundred and twelve thousand dollars ($8,512,000); and WHEREAS, to date, the Village has received bids, negotiated fees and received refined estimates of costs of such projects, and has determined the budgeted amount for these projects should be seven million five hundred twenty -eight thousand dollars ($7,528,000); and WHEREAS, it is necessary and proper to amend the original budget document to provide for the updated estimated costs and bid amount. 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 Corporate Authorities do hereby amend the 2010 Adopted Annual Budget to add a subclass within the Lehigh - Ferris TIF District Fund Expenditure Section as follows: Account Number Account Name Amount Expenditure Account 151099 - 571030 Commuter Parking Improvements $ 550.000 SECTION 3: The Corporate Authorities further amend the 2010 Adopted Annual Budget by amending the Lehigh - Ferris TIF District Fund Expenditure Sections of the budget as follows SECTION 4: The Village Administrator and Director of Finance /Treasurer and /or their designees are hereby authorized to make the necessary adjustments to the budget as reflected in SECTION 2 AND 3 above. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publications in pamphlet form according to law. Original Budgeted Amended Budgeted Account No. Account Name Amount Amount 151099 - 571020 Capital Projects $1,000,000 $1,701,000 151099 - 571025 Lehigh - Ferris Intersection $2,500,000 $110,000 Dempster Street Improvements (formerly identified as Lehigh/Ferris 151099 - 571026 Plaza) $250,000 $1,307,000 Lincoln /Ferris Roadway Improvements (Formerly identified as Lincoln Avenue 151099 - 571027 Streetscape) $800,000 $3,400,00 Lehigh Resurfacing (Formerly identified as Ferris Avenue 151099- 571028 Streetscape) $1,150,000 $45,000 Railwalk and Metra Yard Relocation 151099 - 571029 (Formerly identified as Construction) $2,562,000 $5,000 151099 - 571070 Demolition $100,000 $260,000 151099 - 571071 Utility Study $100,000 $100,000 151099 - 571079 Miscellaneous $50,000 $50,000 SECTION 4: The Village Administrator and Director of Finance /Treasurer and /or their designees are hereby authorized to make the necessary adjustments to the budget as reflected in SECTION 2 AND 3 above. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publications in pamphlet form according to law. PASSED THIS 26`h day of April 2010. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 26'x' DAY OF APRIL 2010 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 27'h DAY of April 2010 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislaiiwe Summary Ordinance 10 -10 ESTABLISHING THE MORTON GROVE FOREIGN FIRE TAX BOARD Introduced Objective Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: Administrator Approval _ sil .l April 26, 2010 To amend Title 1, Chapter 9D and Title 4, Chapter 12C of the Village Municipal Code so the Municipal Code remains current and relevant. This ordinance will add a new section to the Village Code which provides for a Foreign Fire Tar. Board aS required by State Statute 65 ILCS 5/11. State Statute provides the Village of Morton Grove may collect a tax equal to 2';'e of the grows receipts of nor-411inois corporations selling fire insurance within the State of I llinois. The expenditure of all taxes collected are to be determined by a Foreign Fire Tax Board consisting of the Fire Chief and six additional members elected from amone the sworn members of the Fire Department. The purpose of the Foreign Fire Tax Board is to received, allocate, and spend these funds for the maintenance, use, and benefit of the Fire Depirunent. This ordinance will codify State Statute and set forth procedures and regulations for the establishment and operation of the Morton Grove Foreign Fire Tax Board. The Finance and Fire Departments. The funds wii I be used solely for the maintenance, use, and benefit of the Fire Deparment. 2% of the gross rea ^ipts of non- lllinois incorporated fire insurance companies collecting fire insurance premiums from properties within the Village. The management and implementation of the Foreign Fire Tax Board will be done by the Board itself, with assistance from the Finance Department and the staff of the F i re Del mrtment. Approval as presented. Required --Code Amendment Noce Ad m i n ist -aior Prepared by:`° "°�f _ Reviewed by: Tom Friel, Fire of Teresa I Corporation Counsel ORDINANCE 10 -10 AN ORDINANCE ESTABLISHING THE MORTON GROVE FOREIGN FIRE TAX BOARD WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois is a home rule unit of government under the provisions of Article 7 of the Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village of Morton Grove is continuously reviewing and as it deems necessary updating existing Municipal Codes (Code) to assure they are kept current and relevant; and WHEREAS, 65 ILCS 5 /Article 11, Division 10 of the Illinois Compiled Statutes provides that a municipality which maintains a Fire Department is entitled to collect 2% of the gross receipts of non- Illinois incorporated fire insurance companies collecting fire insurance premiums from properties within the municipality; and WHEREAS, the Statute also requires the Fire Department of each municipality with fewer than 500,000 inhabitants create a Foreign Fire Tax Board (FFTB) consisting of the Fire Chief and six additional members elected from among the sworn members of the Fire Department; and WHEREAS, the purpose of the FFTB shall be to receive, allocate, and spend the funds provided only for the maintenance, use, and benefit of the Fire Department; and WHEREAS, Village staff including the Fire Chief and Corporation Counsel have recommended Title 1, Chapter 9D of the Municipal Code entitled Municipal Finances -Fund be amended to add a new section entitled Morton Grove Foreign Fire Tax Fund and Title 4, Chapter 12C of the Municipal Code entitled Business Regulations - Foreign Fire Insurance Companies be amended to be compliant with current State Statutes; and WHEREAS, the President and Board of Trustees have determined it will serve and be in the best interest of the Village to amend the Municipal Code pursuant to this ordinance. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 1, Chapter 9D of the Municipal Code entitled Municipal Finances -Fund, is hereby amended to add a new Section 3 entitled Foreign Fire Tax Fund, to read as follows: 1 -9D -3: FOREIGN FIRE TAX FUND: A. Foreign Fire Tax Board: 1. There shall be established a board known as the Morton Grove Foreign Fire Tax Board (MGFFTB). The MGFFTB shall consist of seven (7) Trustees, the Fire Chief, who shall hold office by virtue of rank, and six (6) members, who shall be elected bi- annually by the sworn members of the Department (three [3] to be elected in years ending in even numbers and three [3] to be elected in years ending in odd numbers). 2. The Trustees of the MGFFTB shall serve without compensation and shall be subject to all state and local ethics laws and ordinances. 3. The Finance Director /Treasurer of the Village or his/her designee shall serve as an ex- officio member of the MGFFTB. The Finance Director shall receive notice of and participate in all meetings; however, he or she shall not be entitled to vote. 4. All members of the department shall be eligible to be elected as officers of the Foreign Fire Tax Board. The members of the MGFFTB shall annually elect a Chairperson, Secretary, and Treasurer from among the Trustees. The Treasurer of the MGFFTB shall give a sufficient bond to the municipality in which the Fire Department is organized. This bond shall be approved by the Village President, conditioned upon the faithful performance by the Treasurer of his/her duties under the ordinance and the rules and regulations provided for in this Chapter and in 65 ILCS 5111 -10 -1 of the Illinois Compiled Statutes. 5. All meetings of the MGFFTB shall be in compliance with the Illinois Open Meetings Act. Dates and times of meetings shall not conflict with assignable time as designated by the current Collective Bargaining Agreement. The Secretary of the MGFFTB shall cause minutes to be recorded at all meetings. Minutes of all meetings will be filed with the Village Clerk. 6. The MGFFTB shall promulgate rules and bylaws governing the internal operations of the Board. Such rules and bylaws shall include, but not be limited to, the Board election process, rules for meetings, internal procedures for establishing budget and purchase requests. Said rules and by -laws shall be in compliance with this ordinance and all other applicable federal, state and Village contracts, ordinances, purchasing procedures and other regulations. The Secretary of the MGFFTB shall submit a copy of the rules /bylaws, and any subsequent amendments to the Village Clerk. B. Designated Account: The Treasurer of the MGFFTB will immediately forward all tax funds received pursuant to 65 ILCS 5/11 -10 -1 et seq and /or Title 4, Chapter 12C of the Municipal Code to the Finance Director /Treasurer of the Village who shall: Deposit the funds into an account designated for the exclusive use of the MGFFTB to be expended only as provided in this Chapter and 65 ILCS 5/11 -10 -1 et seq. Funds remaining in the account at the end of a Village fiscal year shall accumulate in the account for future allocation. 2. Maintain the financial accounting for all deposits and expenditures pertinent to the account, and provide the MGFFTB a quarterly accounting of receipts and expenditures of the account. 3. Ensure the service charge levied by the Illinois Municipal League (IML) for the collection of the tax has been remitted to the IML from the tax funds received. 4. Cause all receipts and expenditures in the Foreign Fire Tax Fund to be audited annually as part of the Village's overall audit process. The audit will also verify all expenditures from the account are for the maintenance, use, and benefits of the Fire Department. C. Budget: The MGFFTB shall approve and submit an annual budget request to the Fire Chief for his review no later than July I of each year. Under no circumstances shall the budget provide for the expenditure of funds: 1. For the personal benefit of or to directly compensate any person; 2. For food or beverages; 3. For travel expenditures of any kind; 4. In a manner associated with any politically affiliated or organized labor organization or to fund any Litigation or legislative activity. To fund investments or speculative ventures designated to produce profit; To produce employee /retiree compensation contrary to current federal or state regulations; In a manner to encumber additional cost or administrative workload for the Village. The Fire Chief will work through the MGFFTB in order to amend budget requests as appropriate and incorporate the MGFFTB budget request into the annual budget request to the Village Board on behalf of the Fire Department. The Village Board will approve the MGFFTB budget request so long as sufficient funds are provided for the requested expenditures in the designated account and the expenditures are in compliance with this Chapter. D. Expenditures: The MGFFTB may authorize and direct the Finance Director /Treasurer of the Village to purchase items or make expenditures from the designated account. All purchases made from the account shall become the property of the Village. All purchases must: Not require funds in excess of those currently available in the designated account; 2. Be in full compliance with current Village purchasing procedures; 3. Be appropriated in the annual budget approved by the MGFFTB and the Village Board; 4. Be preapproved by the MGFFTB by a majority vote in a meeting subject to the Illinois Open Meetings Act. A tie vote will be considered as rejection of the request. 5. Be preapproved by the Fire Chief if the purchased items are intended to be used, or reside, on Fire Department apparatus, on Village property, or within the Fire Stations. In addition, the Fire Chief must approve the physical location of any purchased item or service pertinent to the aforementioned locations. E. Limitations: Nothing in this ordinance shall give the MGFFTB any function or purpose not specifically stated in 65 ILCS 5111 -10 -1 et seq. At no time will the actions of the MGFFTB interfere /detract or increase the duties, responsibilities, or rights of the Fire Chief, Village Administrator, Village Board, or the Fire and Police Commission of Morton Grove. The MGFFTB actions will not impede the usual and customary operation of the Fire Department. SECTION 3: Title 4, Chapter 12C of the Municipal Code entitled Service Businesses — Foreign Fire Insurance Companies, is hereby amended in its entirety to read as follows: CHAPTER 12 SERVICE BUSINESSES ARTICLE C. FOREIGN FIRE INSURANCE COMPANIES SECTION: 4- 12C -1: License Required 4- 12C -2: Fees 4- 12C -3: Reports 4- 12C -1: LICENSE REQUIRED: No corporation or association not incorporated under the laws of the State of Illinois shall engage in effecting fire insurance in the Village or transact any business of fire insurance in the Village without fully complying with the provisions of this article. 4- 12C -2: FEES: Every corporation, company, and association which is not incorporated under the laws of the State of Illinois and which is engaged in effecting fire insurance in the Village of Morton Grove, shall pay to the Treasurer of the Foreign Fire Insurance Board for the maintenance, use, and benefit of the Fire Department thereof, a sum equal to two percent (2 %) of the gross receipts of all premiums which have been received during the year ending on every first day of July for all fire insurance effected or agreed to be effected on property situated within the Village of Morton Grove, by that corporation, company, or association respectively. 4- 12C -3: REPORTS: Every person who acts as an agent, or otherwise, on behalf of a corporation, company, or association which is not incorporated under the laws of this state and which is engaged in effecting fire insurance in the Village, shall render to the Treasurer of the Foreign Fire Insurance Board on or before July 15 of each year, a full and true account, verified by his/her oath, of all of the premiums which, during the year ending on July 1 preceding the report, were received by him/her, or by any other person for him/her on behalf of that corporation, company, or association. He /she shall specify in this report the amounts received for fire insurance, and he /she shall pay to the Treasurer of the Foreign Fire Insurance Board, at the time of rendering this report, the amount required in Section 4 -12C -2 of this article. If this account is not rendered on or before July 15 of each year, or if the sum due remains unpaid after that day, it shall be unlawful for any corporation, company, or association, so in default, to transact any business in the Village until the sum due has been fully paid. But this provision shall not relieve any corporation, company, or association from the payment of any loss upon any risk taken in violation of this requirement. The amount of this tax and /or license fee may be recovered from the corporation, company, or association which owes it, or from its agent, by the Village of Morton Grove in addition to any other penalties provided by the Village's Municipal Code. The Finance Director /Treasurer of the Village may examine the books, records, and other papers and documents of a designated agent, corporation, company, or association for the purpose of verifying the correctness of the report's amounts received for fire insurance. This section shall not be applicable to receipts from contracts of marine insurance; even through they include insurance against fire, where the premium for the fire insurance is not separately specified. SECTION 4: 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 reasons by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions, shall remain in full force and effect. SECTION 5: In the event this ordinance or any Municipal 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 Municipal Code of the Village of Morton Grove are hereby restated, readopted, and shall remain in full force and effect. SECTION 6: 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" DAY OF APRIL 2010. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 26`x' DAY OF APRIL 2010 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILES in my office This 27`x' day APRIL 2010 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois LeLyislative Summary Resolution 10 -33 1 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND ALL AROUND AMUSEMENTS, INC., TO SUPPLY CARNIVAL RIDES AND AMUSEMENTS FOR THE 2010 THROUGH 2011 FOURTH OF JULY FESTIVITIES Introduction: April 26, 2010 Synopsis: To authorize a two year contract between the Village of Morton Grove and All Around Amusements, Inc. for the Village's Morton Grove Days festivities. Purpose: The annual 0 of July carnival is a long standing Village tradition, and entertainment for residents and their guests, and provide a source of income which is used to pay for other Fourth of July related activities. Background: For several decades, the Village's Morton Grove Days festivities have included carnival rides and related attractions. Village staff has negotiated a two year agreement with All Around Amusements which may be cancelled by either party upon nine months advanced written notice. The contract provides the Village, on behalf of the Morton Grove Days' Commission, will receive twenty -five percent (25 %) of all receipts up to $100,000, and thirty percent (30 %) of receipts in excess of $100,000. These funds will be used to pay for other Morton Grove Days expenses such as fireworks, entertainment, and parade activities. Programs, Departments Legal and Administration Departments or Groups Affected i Fiscal Impact: None Source of Funds: N/A Workload Impact: The implementation of this contract will be done by the Legal and Village Administrator's Department as part of their normal activities. Administrator Approval as presented. Recommendation: First Reading: None required. Special Considerations or None Requirements: Prepared by: Teresa _Joseph Village Administrator Corporation Counsel RESOLUTION 10 -33 AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND WINDY CITY AMUSEMENTS, INC., TO SUPPLY CARNIVAL RIDES AND AMUSEMENTS FOR THE 2008 THROUGH 2010 FOURTH OF JULY FESTIVITIES 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, for several decades the residents and visitors of the Village of Morton Grove have enjoyed Fourth of July festivities provided by the Morton Grove Days' Commission in conjunction with the Morton Grove Park District and the Village of Morton Grove. These festivities have traditionally included carnival rides and amusements; and WHEREAS, the Morton Grove Days' Commission has asked the Village of Morton Grove to take a more prominent role in the operation of the Fourth of July festivities and, in particular, has asked the Village of Morton Grove to enter into the annual contract for carnival rides and attractions; and WHEREAS, Village staff members have negotiated a contract with All Around Amusements, Inc., for these rides and attractions; and WHEREAS, said contract shall be for a two year term, i.e. for years 2010 through 2011 except that either party, upon at least nine months written notice, may terminate the agreement; and WHEREAS, under the terms of the contract the Village shall not be obligated to expend any funds and the Village of Morton Grove, on behalf of the Morton Grove Days' Commission, will receive a percentage of the gross receipts from money derived from the sale of admission tickets, which will be used to pay for other festival related expenses. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village Administrator is hereby authorized to execute a contract with All Around Amusements, Inc. for the provision of carnival rides and attractions for the Village of Morton Grove's Fourth of July festivities pursuant to the terms and conditions outlined in this resolution and in substantial conformity with Exhibit "A ". SECTION 3: The Village Administrator and /or his designees are hereby authorized to take all steps necessary to implement said contract. SECTION 4: This Resolution shall be deemed an exercise of the home rule authority of the Village of Morton Grove and is intended and shall be construed to the fullest extent allowed by the Constitution of the State of Illinois to supersede any contrary or conflicting state, county, or local rules or regulations. SECTION 5: This Resolution shall be in full force and effect from and upon its passage and approval. PASSED THIS 26`h day of April 2010. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 26 °i day of April 2010. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED AND FILED in my office This 27`x' day of April 2010. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Grove's Fourth of July festivities pursuant to the terms and conditions outlined in this resolution and in substantial conformity with Exhibit "A ". SECTION 3: The Village Administrator and/or his designees are hereby authorized to take all steps necessary to implement said contract. SECTION 4: This Resolution shall be deemed an exercise of the home rule authority of the Village of Morton Grove and is intended and shall be construed to the fullest extent allowed by the Constitution of the State of Illinois to supersede any contrary or conflicting state, county, or local rules or regulations. SECTION 5: This Resolution shall be in full force and effect from and upon its passage and approval. PASSED THIS 26" day of April 2010. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 26th day of April 2010. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED AND FILED in my office This 27th day of April 2010. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Jan l75 10 12:29p All Around 9157251313 p.2 ALL AROUND AMrUSEMENT, INC 21342 W. DIVISIONSTREET -LOCKPORT, ILLINOIS 6 0441 (815) 725 -2323 Robert Salerno, President CONTRACT TO SUPPLY AMUSEMENTS THIS CONTRACT, made and entered into on this 4TH day of JANUARY 2010 by and between ALL AROUND AMUSEMENT, INC., (hereafter referred to as "All Around ") and VILLAGE OF MORTON GROVE AN ILLINOIS MUNICIPAL CORPORATION of the City or Village of MORTON GROVE, State of ILLINOIS, (hereinafter referred to as the "Sponsor "). WITNESS TO: In consideration of the sum of One Dollar and the mutual promises contained herein, the parties aforesaid, mutually agree as hereinafter follows: 1. That All Around agrees to present its company, consisting of Amusement ride devices, Amusement Attractions, Concessions "Fun Booths ", etc., at the location, provided by the sponsor, and known as: HARRER PARK LOCATED AT 6250 DEMPSTER STREET., in the City or Village of MORTON GROVE . State of ILLINOIS for a period of THREE (3) days and nights commencing JULY 2 , 2010 and ending JULY 4 , 2010, both dates inclusive. Sponsorwill sponsor subsequent events annually on substantially the same dates each subsequent year. 2. All Around shall furnish in its sole discretion, all necessary roll tickets and ticket booth(s) at the location. 3. The Sponsor hereby agrees to pay for, furnish or provide all licenses, pen-nits, taxes, 24 hour access to water and electric service, sufficient police protection, bill posting, newspaper advertising, competent ticket seller, dumpsters, 24 hour access to portable toilets beginning Monday, a location acceptable to All Around for set up of its company, streets and lot privileges, and free gate admission tickets for the employees of All Around where gate admission is charged, parking for trucks, semi trailers and travel trailers. 4. All Around shall have the exclusive right of providing all shows, amusement ride devices, amusement attractions, "fud' booths and concessions. The Sponsor may provide additional shows and concession stands that are not substantially similar to those provided by All Around. 5. All Around shall have the exclusive right of providing all popcorn, cotton candy, corn dogs, funnel cakes and pop at the location and/or carnival site, and all its sales proceeds shall likewise belong to All Around and is excluded from article 6. All Around food concessions located on West end of site. 6. That as a consideration of the above mentioned, All Around agrees to pay the Sponsor, the sum of 25% ON THE FIRST $100.000.00 AND 30% ON THE REMAINING BALANCE of the gross receipts from monies derived from the sale of admission tickets at the various shows and rides, after usual Government taxes, Midway Insurance and State and City sales taxes, if applicable, are deducted. All Around shall pay a flat sum of IS 00.00 from the sale of each "fun booth to the Sponsor. 7. If any "fun booth" is closed or unable to operate, (including rain out days) before the ending date of JULY 4. 2010 All Around shall only pay a prorated fee for the actual days operated. 8. The proceeds of all ticket sales may be held by the Sponsor The settlement for the percentage on the shows etc., shall be made on the closing day of the engagement. If tickets are sold by the Sponsor the Sponsor is responsible for any and all shortages in cash or tickets, including arm bands and hand stamps. 9. Unlimited Ride Specials (wristbands), will be offered on the following day (s) SATURDAY from 12:00 P.M. to 4:00 P.M. for $20.00 per person, per session. Page 1 of 4 Jan 05 10 12:30p All Around 8157251313 p•3 10. Mega Pass to be pre -sold at S 40.00 each, 4S 5.00 during event. Sponsor to receive 25 % for each pass sold. 11. Ride Ticket, Unlimited Ride Specials and Mega Pass prices are controlled by All Around and may be subject to yearly changes. 12. All Around reserves the right to designate the location of rides, concessions and equipment in the allotted space and replace or substitute said equipment as deemed necessary. 13. All Around is to fumish Liability Insurance and Property Damage Insurance of not less than $5,000,000.00 for each accident, with a certificate of said insurance sent to the Sponsor prior to the engagement. All Around shall not be liable for the intentional or negligent acts of the Sponsor, employees and volunteers during the event. Both the Village of Morton Grove and the Morton Grove Park District shall be listed as additional insured on the All Around Certificate of Insurance. 14. All Around shall not be liable nor responsible for any weather related damage to real or personal property caused by the installation of its shows or rides during the event and/or the removal of trucks and equipment operated by All Around. Precautions will be taken to prevent such damage. 15. All Around shall furnish Electrical Generators for the operation of the Carnival Equipment, lights and sound. 16. The Sponsor shall pay$1.00 PER WRISTBAND SOLD toward any Fuel used, or other Electric Power used, during the engagement. 17. That it is mutually agreed by both parties hereto that there are no other contracts or promises either written or verbal between them. 18. In case of railroad accident or delay, strikes, fire, flood, tornado, epidemic, acts of terrorism or any unforseen occurrence over which All Around has no control, then they are not to be held liable for damages by the Sponsor. 19. The Sponsor further agrees to use their influences to prevent other like attractions from exhibiting in the aforesaid City or Village until after the termination of this agreement. 20. All Around will furnish 100 posters for advertising. 21. This contract is fully assignable by All Around Amusement, Inc., with the written consent of the Village of Morton Grove. 22. This contract is a two year contract good for 2010 and 2011, unless canceled at least nine months s prior to the event by certified mail. All Around Amusement, Inc., shall have the first right of refusal for the following year to negotiate competitive terms and conditions to provide amusement services or review and match a bona fide third party offer which the Sponsormay obtain. The Sponsor agrees to provide all terms and conditions of said offer to All Around and All Around shall have thirty (30) days which to match or decline said offer in writing. 23. SEPARABILITY CLAUSE: A declaration by any court, or any other binding legal source, that any provision of the contract is illegal and void shall not affect the legality and enforce ability of any other provision of the contract, unless the provisions are mutually dependent. 24. If All Around prevails in any litigation or arbitration between the parties with respect to this contract, Sponsor will pay all costs and expenses incurred by All Around in connection with the litigation or arbitration (including reasonable attorneys' fees and costs). (REMARKS:) AAA will donate up to 50 complimentary ride wristbands for committee's use, valued at $50.00 each, total value of $2,500.00. Additional wristbands over the 50 complimentary wristbands AAA to be compensated per cost of wristband ($50.00) (Wristbands not to be sold') AAA will remove debris from ride area at the end of each night. Page 2 of 4 Ian 05 10 12:30p All Around 8157251313 p•4 This contract entered into and signed in duplicate in the Villaae of Morton Grove State of ILLINOIS, this 26th day of April . 2010, by the duly authorized representative of the parties hereto. SPONSOR: Pillage of Morton Grove Daniel J. Staackmann ITS: Villaae President ALL AROUND AMUSEMENT, INC. m ITS: THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSES AND MAY CONTAIN LVFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBL ITION OR COPYWG OF THIS COMMUNICATION IS STRICTLY PROHIBITED. Page 3 of 4 Ian 05 10 12:31p All Around 8157251313 p•5 SPONSOR PHONE NUMBER 847- 965 -4100 SPONSOR FAX NUMBER 847- 965 -4162 SPONSOR MAILING ADDRESS 6101 CAPULLNA AVENUE. MORTON GROVE. ILLINOIS 60053 CONTACT PERSON 30E WADE 847- 663 -3001 CONTACT POLICE NUMBER JINIOT 911 -- FIRE DEPARTMENT(NOT 911) CERTIFICATE OF INSURANCE INFORMATION IN] �0 1 MORTON GROVE PARK DISTRICT HOURS OF OPERATION MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 6 00 PM - I 1 00 PM SATURDAY 1200 PM - i l 00 PM SUNDAY 1200 PM - 11700 PM MISCELLANEOUS INFORMATION Page 4 of 4 Ian 05 10 12:31p All Around 8157251313 p.6 q 5P LE i • J t� MEGA PASS This pass is good for unlimited rides on All Around ;Amusement during the entire carnival, from opening until closing. You can turn this pass in at the designated area for a wristband that you will receive from All Around. The employee of All Around ,Amusement will secure this band on your wrist and it cannot be removed until closing night. Absolutely no transfers of this band to anyone else or you will lose your band and no refund will he given. Some rides have agerheight restrictions end will not be appropriate for every rider. The wrist- band entitles the bearer to unlimited rides but you must wait in ride lines. Preferential line position is not given to anvone, with or without wristband. No refund on MEGA PASS after it is purchased for any reason, including, but not limited to: - "Vc athcr • Ride selection • Tllness • Rides down fir maintenance • Stapled or taped wristband • Any other method of securing wristband other than the way it was placed on wrist originally • Loss of Advance Sale Unlimited Ride Ticket or wristband Name: Phone Age: _ --__ -- -- Sex: -- ,r,rl Number amount Paid $ This letter must be presented at the specialh designated location at the Carnival to receive the special All Week Wristband III at'AoUnd IMUSOlneat, Inc. 21342 W. Division 5t. a Lockport, 11 50491 * Ph: (815) 725 -2323 9 rapt: (315) 725 -1313 LeLlSIatiye Summary Resolution 10 -35 AUTHORIZING THE ANNUAL JULY 4 PARADE AND CLOSURE OF DEMPSTER STREET Introduced: April 26, 2010 Synopsis: This resolution will authorize the 2010 July 4 Parade on Dempster Street, Route 58, at 2:00 pm on Sunday, July 4, 2010, which will require the closing of Dempster Street, Route 58, either partially or completely between Central and Ferris Avenues between 2:00 pm and 4:30 pm (Note: Because of the Dempster Street Construction, alternative use of Austin Avenue may be necessary. However, if Austin is used, the closure of Dempster at the Austin Avenue intersection will be required.). Purpose: The Illinois Department of Transportation requires the Village adopt a resolution approving the closing of Dempster Street. The resolution also authorizes the Village Engineer to file an application through the Illinois Department of Transportation for the closing of Dempster Street, Route 58, from 2:00 pm to 4:30 pm on Sunday, July 4, 2010, for the Annual July 4 Parade. Background: The July 4 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: First Reading: None required Special Considerations or None Requirements: Respectfully submitted: I,, Zyly'le Jose}i;<i F. Wke, Village Administrator Prepared by: Reviewed by And eMonte, Public Works Director Teresa Hoffman Liston, °Corporation Counsel i RESOLUTION 10 -35 FOURTH OF JULY PARADE CLOSURE OF DEMPSTER STREET WHEREAS, the Morton Grove Days Commission is planning a parade as part of its annual celebration on Sunday, July 4, 2010, at 2:30 p.m.; and WHEREAS, the parade will require the closing of Dempster Street, either partially or completely between Central Avenue and Ferris Avenue from approximately 2:00 p.m. to 4:30 p.m.; and WHEREAS, the State of Illinois requires the Village to assume all responsibility and liability involved in closing of 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 Public Works Director will file an application with the Illinois Department of Transportation for the closing of Dempster Street on Sunday, July 4, 2010, from 2:00 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`h DAY OF APRIL 2010. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 26`h day of April 2010. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 27'h day of April 2010. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois AUTHORIZING THE EXECUTION OF A CONTRACT AND ACCEPTANCE OF THE LOW BID WITH A -LAMP CONCRETE CONTRACTORS, INC. FOR THE LINCOLN AVENUE AND FERRIS AVENUE ROADWAY IMPROVEMENTS Introduced: April 26, 2010 Synopsis: To authorize the Village President to execute a contract with A -Lamp Concrete Contractors, Inc. for the Lincoln Avenue And Ferris Avenue Roadway Improvements. Purpose: To construct infrastructure improvements on Lincoln Avenue between Ferris Avenue and School Street, and on Ferris Avenue between Lincoln Avenue and Dempster Street. Background: The Lincoln Avenue and Ferris Avenue Roadway Improvements is a prioritized project of the Lehigh -Ferris Tax Increment Finance District which is intended to make improvements to Lincoln Avenue between Ferris Avenue and School Street and to Ferris Avenue between Lincoln Avenue and Dempster Street. The specific goals of these improvements are to slow traffic, increase vehicular and pedestrian safety, retain parking, create a sense of character and beautify the public rights -of -way in order to encourage redevelopment within this District. The Village Board reviewed the design of the improvements during two meetings in February 2010 for conformance with these goals and staff moved forward with procuring a construction contract for the Village Board's consideration. This contract was bid through a public process in which the contract was advertised and sealed bids were received. Thirty bid packages were purchased and eight bids were submitted (bid tabulation attached). A -Lamp Concrete Contractors, Inc. of Schaumburg, Illinois has been determined to be the lowest responsible bidder and their qualifications and availability were verified. The proposal amount is $604,834 less than the Engineer's estimate of cost. The bid process conformed to the Village's purchasing requirements and is also required to comply with the Illinois Prevailing Wage Act. Village staff has recommended the bid amount of $2,286,965.90 with A -Lamp Concrete Contractors, Inc. be accepted. It should be noted, large projects involving underground utilities have inherent unforeseeable conditions which often require adjustments to the scope and cost of a project. Village staff therefore recommends the Village Board authorize the Village Administrator, Director of Public Works, and Village Engineer to execute possible Contract Change Orders in an amount not to exceed five percent of the approved contract amount (i.e. $114,348.00). This will reduce delays associated with authorizing additional work, which will reduce the length of inconvenience to the public that this project will impose. Staff will consider the approved contract amount to be the targeted upper limit of the project and will pursue practical measures to avoid any net increases to the final project cost. Prog, Depts or Public Works, Engineering Division Groups Affected Fiscal Impact: The estimated contract value is $2,286,965.90 plus $114,348.00 for the potential change order. When the 2010 budget allocates $1,950,000.00 for the engineering and construction of this project. Since the total amount exceeds this budgeted amount, a budget amendment is concurrently being submitted to the Board. Source of Funds: Lehigh - Ferris TIF District Fund — Account No. 151099-571027. Work Impact: The Public Works Department, Engineering Division, as part of their normal work activities, performs the management and implementation of the program. Admin Recomd: Approval as presented First Reading: N/A Special Consid or I None Requirements: Respectfully submitted: �vayft% JosepK F. Wade, Village Administrator Prepared by: Chris Tomich, Village Engineer Reviewed by: Reviewed by: Teresa Hoffman LJs'foti, Corporation Counsel DeMonte, Dir. Of Public Works RESOLUTION 10 -30 AUTHORIZATION TO EXECUTE A CONTRACT AND THE ACCEPTANCE OF THE LOW BID WITH A -LAMP CONCRETE CONTRACTORS, INC. FOR THE LINCOLN AVENUE AND FERRIS AVENUE ROADWAY IMPROVEMENTS WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Lincoln Avenue and Ferris Avenue Roadway Improvements is a prioritized project of the Lehigh - Ferris Tax Increment Finance District which will allow for improvements to Lincoln Avenue between Ferris Avenue and School Street. and Ferris Avenue between Lincoln Avenue and Dempster Street; and WHEREAS, the specific goals of these improvements are to slow traffic, increase vehicular and pedestrian safety, retain parking, create a sense of character and beautify the public rights -of -way in order to encourage redevelopment within this District; and WHEREAS, the Village Board reviewed the design of the improvements during two meetings in February 2010 for conformance with these goals; and WHEREAS, the Village hired McDonough Associates, Inc. to prepare construction plans and specifications for the project named "Lincoln Avenue and Ferris Avenue Roadway Improvements" which includes replacing the curb and gutter, constructing a new asphalt surface, water main installation on Ferris Avenue, sidewalk replacement, streetscape improvements on Lincoln Avenue, landscape improvements on Lincoln Avenue, street lighting installation and pavement marking; and WHEREAS, the Public Works Department advertised in the March 18.2010, issue of the Pioneer Press Newspaper and in 64 letters faxed to a list of contractors inviting bids on the "Lincoln Avenue and Ferris Avenue Roadway Improvements"; and WHEREAS, the bidding procedures comply with purchasing requirements of the Village's Municipal Code Title 1, Chapter 9, Article A, Section 2; and WHEREAS, thirty (30) sets of the bidding documents were purchased; and WHEREAS, eight (8) bids were received, publicly opened and read at 10:00 am on Tuesday, April 6, 2010, at the Public Works Facility with the bid results included in Exhibit "I"; and WHEREAS, the low bidder is A -Lamp Concrete Contractors. Inc. of Schaumburg, Illinois in the amount of $2,286,965.90; and WHEREAS, the qualifications and availability of the low bidder have been verified; and WHEREAS, A -Lamp Concrete Contractors, Inc. has performed work on much smaller projects for the Village of Morton Grove in a satisfactory manner; and WHEREAS, it is reasonable to expect unforeseeable underground conditions may require additional measures to complete the construction of the intended facility; and WHEREAS, time delays associated with formal approval by the Village Board of necessary change orders to the contract may undesirably increase the length of the duration of the work and length of duration of inconvenience to the public; and WHEREAS, it is reasonable to expect the cost of additional measures could add up to five percent (5 %) of the original contract amount or $114,348.00; and WHEREAS, funding for the above work in the cumulative total amount of one million nine hundred fifty thousand dollars ($1,950,000) is included in the Village of Morton Grove 2010 Budget in Lehigh - Ferris TIF District Fund in Account No. 151099 - 571027; and 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 low bid of A -Lamp Concrete Contractors, Inc. in the amount of $2,286,965.90 for the Lincoln Avenue and Ferris Avenue Roadway Improvements project. 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 A -Lamp Concrete Contractors, Inc., based upon their bid for the Lincoln Avenue and Ferris Avenue Roadway Improvements in the amount of $2,286,965.90, in substantial conformity with the contract (Exhibit "2 "). SECTION 4. The Village Administrator, Director of Public Works, and Village Engineer are authorized to execute any and all Contract Change Orders in an aggregate amount not exceeding $114,348.00 which may be necessary to meet the original intent of the contract with A -Lamp Concrete Contractors, Inc. SECTION 5. The Village Administrator, Director of Public Works and Village Engineer and their designees are hereby authorized to take all steps necessary to oversee and implement this contract. SECTION 6. That this Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 26t' DAY OF APRIL 2010 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 26" DAY OF APRIL 2010 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 27'h DAY OF April 2010 Tony S. 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FOR PROFESSIONAL ENGINEERING SERVICES FOR THE LINCOLN AVENUE AND FERRIS AVENUE ROADWAY IMPROVEMENTS Introduced: April 26, 2010 Synopsis: To authorize the Village President to execute a contract with Strand Associates, Inc. to provide construction engineering services for the Lincoln Avenue And Ferris Avenue Roadway Improvements. Purpose: To provide the necessary engineering resources and expertise to monitor the proposed construction improvements along Lincoln Avenue and Ferris Avenue meet Village construction and administrative requirements. Background: Roadway, water main, street lighting, landscape and streetscape improvements on Lincoln Avenue and Ferris Avenue are planned to begin in May 2010. Daily observation and documentation of construction activities require the use of an engineering consultant. Village staff utilized a qualification -based selection process to select the engineering consultant in accordance with the Village's purchasing policy. Strand Associates, Inc. is recommended for the project because of their qualifications and experience with this type of project and because of the key personnel to be assigned to the project. Staff and Strand have negotiated a scope of work valued at $222,700.00 for their engineering services. Programs, Departments Public Works, Engineering Division or Groups Affected Fiscal Impact: $222,700.00 Source of Funds: Lehigh- Ferris TIF District Fund — Account No. 151099-571027. 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: First Reading: N/A Special Considerations or None Requirements: Respectfully submitted:% , Joseph 5. Wade, Village Administrator Prepared by: C -�i l Reviewed by: Chris Tomich, Village Engineer Reviewed by IA-' 11 Teresa Hoffman Liston, t✓orporation Counsel u lwl ndy DeMonte, Dir. Of Public Works RESOLUTION 10 -31 AUTHORIZING THE EXECUTION OF A CONTRACT WITH STRAND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE LINCOLN AVENUE AND FERRIS AVENUE ROADWAY IMPROVEMENTS WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village intends to construct certain improvements within the Lincoln Avenue right -of -way from Ferris Avenue to just west of School Street and within the Ferris Avenue right -of -way from Lincoln Avenue to Dempster Street in order to slow traffic, increase vehicular and pedestrian safety, retain parking, create a sense of character and beautify the public rights -of -way in order to encourage redevelopment within this District; and WHEREAS, the scope of the construction improvements exceeds the expertise and capacity of Village staff to provide construction engineering for the daily oversight of the work; and WHEREAS, Village staff developed and implemented a qualification -based selection process for construction engineering services; and WHEREAS, the Village advertised in the August 13, 2009, issue of the Pioneer Press Newspaper inviting firms to submit statements of qualifications; and WHEREAS, twelve (12) local consulting engineering firms submitted statements of qualifications; and WHEREAS, the Village reviewed the statements of qualifications and selected five (5) firms for formal interviews; and WHEREAS, Village staff recommends the firm Strand Associates, Inc. to the Village Board based on their qualifications and experience with this type of project and the key personnel assigned to the project; and WHEREAS, Village staff has negotiated a scope of work with Strand Associates, Inc. valued at $222,700.00; and WHEREAS, funding for this work is included in the 2010 Annual Budget from the Lehigh - Ferris TIF District Fund Account 151099 - 571027 for the value of the contract. 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 to a contract with Strand Associates, Inc. for construction engineering services for the construction of roadway improvements on Lincoln Avenue and Ferris Avenue Roadway Improvements in substantial conformity with Exhibit "1 ". SECTION 3: This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 26`x' DAY OF APRIL 2010 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS 26th DAY OF APRIL 2010 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 27th day of April 2010 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Village of Morion Grove CONSULTING SERVICES CONTRACT This contract ( "Contract "), with an effective date of 4/26/2010 is by and between the Village of Morton Grove ( "VILLAGE ") and Strand Associates, 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) and Attachment C (Change Order), incorporated herein by reference, and shall strictly conform with the terms and conditions of this Contract. 2 TERM OF AGREEMENT 2.1 This Contract shall commence on the effective date stated above, and CONSULTANT is authorized to commence performance of the Contracted Services as of that date. This Contract terminates on 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 and Attachment C 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. VILLAGE shall not have any liability for any other expenses or costs incurred by CONSULTANT other than as expressly set forth in Attachment B and Attachment C. Written application for payment for completed work shall be submitted by CONSULTANT to VILLAGE not more than once monthly on a date specified by the VILLAGE. 4 LIEN WAIVER 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 Revisions 4/1 /10 1 of 18 4/8/2010 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 or joint venturer of VILLAGE. CONSULTANT shall be solely responsible for the means and methods for carrying out the Contracted Services. COMPLIANCE WITH THE LAW 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 STANDARD OF PERFORMANCE 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. 9 HEALTH &SAFETY 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 its employees, lower -tier CONSULTANTS, suppliers and others who may be associated with the performance of the Contracted Services. 9.2 CONSULTANT's employees and the employees of its lower tier CONSULTANTS who perform the Contracted Services shall be experienced and properly trained to perform the Contracted Services under such conditions and shall take adequate precautions to protect human health and the environment in the performance of the Contracted Services. Form Rmsmn..4 /IA0 2 of 18 4/8/2010 Village of Morton Grove 9.3 In the event that VILLAGE observes a potentially hazardous condition relating to the Contracted Services, VILLAGE may bring such condition to the attention of CONSULTANT. If CONSULTANT fails to immediately respond and correct such potential or actual hazardous condition, VILLAGE has the right to suspend the Contracted Services until such time as CONSULTANT remedies the potential or actual hazardous condition. CONSULTANT shall be solely responsible for any cost, expense or schedule disruption resulting from such suspension of the Contracted Services. 9.4 CONSULTANT shall be solely and continuously responsible for the health, safety and welfare associated with the Contracted Services at all times and not be limited to normal working hours. The CONSULTANT's failure to thoroughly familiarize itself with and account for the aforementioned health and safety provisions and those additional requirements provided by VILLAGE, if any, will not relieve CONSULTANT from the obligations set forth in this Contract. 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. i i 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 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 Revision 4/1/10 3 of 18 4/8/2010 13 FORCE MAJEURE Village of Morton 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 circumstance beyond the control of the claiming party and may include, but is not limited to extraordinary weather conditions, or other natural catastrophes, war, riots, strikes, lockouts, or other industrial disturbances or acts of any governmental agencies. 14 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. 15 TERMINATION FOR DEFAULT 15.1 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. 15.2 In the event of Termination for Default, CONSULTANT will be compensated for the Contracted Services properly performed prior to such termination for default. VILLAGE may withhold any outstanding Compensation otherwise due to CONSULTANT pending final completion and acceptance of the Contracted Services and an accounting of related costs. In the event that the withheld amount exceeds the damages associated with CONSULTANT's default, VILLAGE shall promptly pay such excess funds to CONSULTANT. In the event of a shortfall between such costs and any amounts due to CONSULTANT, CONSULTANT shall promptly pay VILLAGE for such shortfall within 3 days of VILLAGE's written demand for such payment. 15.3 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. Forth Revision: 4/1/10 4 of 18 4/8/2010 �F Village of Morton Grove 16 INSURANCE 16.1 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. 16.2 Minimum Scope of Insurance - Coverage shall be at least as broad as: D. 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 E. Owners and Contractors Protective Liability (OCP) policy with the Village as insured Required if box is checked; and F. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any Auto." G. Workers' Compensation as required by the Workers' Compensation Act of the State of Illinois and Employers' Liability insurance. H. Builder Risk Property Coverage with Village as loss payee - Required if box is checked 16.3 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 4/1/10 5 of 18 4/8/2010 Village of Morton Grove 5. Builder's Risk: Shall insure against "All Risk" of physical damage, including water damage (flood and hydrostatic pressure not excluded), on a completed replacement cost basis. B. Deductibles and Self - Insured Retentions Any deductibles or self - insured retentions must be declared to and approved by the Village. At the option of the Village, either; the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the Village, its officials, agents, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. C. Other Insurance Provisions - The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a. The Village, its officials, agents, employees and volunteers are to be covered as additional insured as respects: liability arising out of the CONSULTANT's work, including activities performed by or on behalf 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. c. 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 4/1 /10 6 of 18 4/8/2010 v� �» Village of Morton Grove £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 limits 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; Providing direction, instruction, supervision, inspection, engineering services or failing to provide them, if that is the primary cause of injury or damage. 4. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Village. D. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A -, VII and licensed to do business in the State of Illinois. Form Revision 4/1/10 7 of 18 4/8/2010 w= Village of Morton Grove E. Verification of Coverage CONSULTANT shall furnish the Village with certificates of insurance naming the Village, its officials, agents, employees and volunteers as additional insureds, and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements may be on forms provided by the Village and are to be received and approved by the Village before any work commences. Other additional insured endorsements may be utilized, if they provide a scope of coverage at least as broad as the coverage stated on the ISO Additional Insured Endorsements CG 2010 or CG 2026. The Village reserves the right to request full certified copies of the insurance policies and endorsements. F. Subcontractors CONSULTANT shall include all SUBCONSULTANTS as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. G. Assumption of Liability The CONSULTANT assumes liability for all injury to or death of any person or persons including employees of the CONSULTANT, 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. 17 INDEMNITY 17.1 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. 17.2 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. 411/10 8 of 18 4/8/2010 Village of Morton Grove 17.3 The CONSULTANT further agrees that to the extent that money is due the CONSULTANT by virtue of this contract as shall be considered necessary in the judgment of the Village, may be retained by the Village to protect itself against said loss until such claims, suits, orjudgments shall have been settled or discharged and /or evidence to that effect shall have been furnished to the satisfaction of the Village. 17.4 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. 18 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: H. Procure for VILLAGE the right to continue using the infringing subject matter; I.Replace or modify the infringing subject matter so that it becomes non - infringing but still complies with the requirements of the Contract; or J. 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. 19 DISPUTES 19.1 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. 19.2 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. 19.3 Pending any final judicial decision or settlement, CONSULTANT shall proceed diligently with the Contracted Services. Form Revision 4/1/10 9 of 18 4/8/2010 20 NOTICE Village ofMorton Grove Any notice or communication required or permitted by this Contract shall be deemed sufficiently given if in writing and when delivered personally or upon receipt of registered or certified mail, postage prepaid with the U.S. Postal Service, and addressed as follows: VILLAGE: Village of Morton Grove Public Works Department 7840 North Nagle Avenue Morton Grove, Illinois 60053 Attn: Mr. Chris R. Tomich, P.E. Village Engineer or, CONSULTANT: Strand Associates, Inc. 1170 South Houbolt Road Joliet, Illinois 60431 Amt: Michael R. Waldron, P.E. Project Manager or to such other address as the parry to whom notice is to be given has furnished by the receiving party in writing. 21 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. 22 CONFIDENTIAL INFORMATION 22.1 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 "). 22.2 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. Form Revlswn 411110 10 of 18 4/8/2010 Village of Morton Grove 22.3 CONSULTANT's obligations under this Article shall not apply to Confidential Information that is: K. In the public domain without breach of this Contract; L. Developed independently by CONSULTANT; M. Received by CONSULTANT on a non - confidential basis from others who had a right to disclosure such Confidential Information; or N. 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. 22.4 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. 23 RIGHTS IN DATA 23.1 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. 23.2 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. 23.3 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 copyrightable or patentable Data produced under the Contracted Services has been specifically commissioned by VILLAGE, shall be considered "work for hire ", and that all copyrightable and other proprietary rights therein shall vest solely in VILLAGE. 23.4 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. Form Revision 4/1 /10 11 of 19 4/8/2010 M Village of Morton Grove 24 COMPONENT WARRANTY 24.1 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 tern of the applicable statute of limitations. 24.2 Within 5 days of discovery of any non - compliance, the discovering party shall notify the other party and, at VILLAGE'S sole option CONSULTANT shall, within 10 days of notice, repair or replace the non - compliant component at no cost to VILLAGE or refund VILLAGE's purchase price. 25 SURVIVAL OF TERMS Articles on Indemnity, Confidential Information and Rights in Data shall survive termination of this Contract. 26 ASSIGNMENT AND CONTRACTING 26.1 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. 26.2 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. 27 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." Form Revision 4/1/10 12 of 18 4/8/2010 28 SEVERABILITY Village of Morton Grove The invalidity or unenforceability of any particular provision of this Contract shall not affect the other provisions, and this Contract shall be construed in all respects as if any invalid or unenforceable provision were omitted. 29 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 the jurisdiction where the Project Site is located. 30 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. 31 CONFLICT OF INTEREST The CONSULTANT represents and certifies that, to the best of its knowledge, O. No Village employee or agent is interested in the business of the CONSULTANT or this Contract; P. 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 Q. 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. 32 NO COLLUSION 32.1 The CONSULTANT represents and certifies that the CONSULTANT is nofbarred from contracting with a unit of state or local government as a result of R. 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 5/11 -42. 1 -1 et seq.; or Form Revision 4/1/10 13 of 18 4/8/2010 Village of Morton Grove S. A violation of either Section 33E -3 or Section 33E -4 or Article 33E of the Criminal Code of 1961, 720 ILCS 5/22E -1 et seq. 32.2 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. 32.3 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. 33 CHANGE ORDERS 33.1 VILLAGE may, from time to time, order modifications or changes in the scope of the Contracted Services ( "Changes ") by written change order in the form of Attachment C ( "Change Order "), incorporated herein by reference. In addition, Change Orders may be requested by CONSULTANT based upon material changes to the Contracted Services. Change Orders shall consist of additions to, deletions from or other revisions to the Contracted Services, including those required by modifications or change orders to the related Prime Contract. Within 10 days after the date of such Change Order or material change, and in any event prior to the commencement of such revised Contracted Services, CONSULTANT shall notify VILLAGE in writing if CONSULTANT requests a change in the Compensation and /or Project Schedule and shall clearly state CONSULTANT's justification for the Change Order. If approved by VILLAGE, an equitable adjustment will be made as appropriate. 33.2 FAILURE OF CONSULTANT TO COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE SHALL CONSTITUTE A WAIVER OF SUCH CLAIM BY CONSULTANT. 33.3 Failure of the parties to agree on whether the Change Order constitutes a compensible change to the Compensation or should result in a change in the Project Schedule shall be subject to the Disputes provisions of this Contract. CONSULTANT shall diligently proceed with the Contracted Services as directed by VILLAGE, including any directed changes or potential changes in the Contracted Services, pending resolution of such Dispute. Form Revision 4nn0 14 of I8 4/8/2010 34 ENTIRE AGREEMENT Village of Morton Grove 34.1 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. 34.2 The following exhibits are attached and made part of this agreement: 34.3 Attachment A — Contracted Services 34.4 Attachment B — Compensation and Payment 34.5 Attachment C — Change Order VILLAGE Signature Daniel J. Staackmann Village President April 26, 2010 Date CONSULTANT Signature Name (Typed or Printed) Date Form Revision 4n 110 15 of 18 4/8/2010 :a 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 Strand Associates, Inc. on 3/29/2010, which are incorporated herein by reference. Form Revision 4/1/10 16 of 18 4/8/2010 ATTACHMENT A SCOPE OF SERVICES Village of Morton Grove Lincoln Avenue and Ferris Avenue Roadway Improvements Issued for Bid March 18, 2010 I. Project Duration a. Project scope assumes the following project schedule: i. Bid opening April 6, 2010 ii. Award of contract April 12, 2010 iii. Notice to Proceed and Preconstruction Meeting the week of May 3, 2010 iv. Substantial completion October 15, 2010 (road open to traffic) v. Final completion October 22, 2010 b. Construction related services are anticipated to cover a 25 -week construction period. 2. Construction Administration a. Administration hours shall be used to track the project schedule, and budget. b. CONSULTANT's invoice format shall be used. c. Attendance at preconstruction meeting scheduled by VILLAGE. CONSULTANT will take notes and distribute minutes to all in attendance. d. Project Manager and Resident Project Representative (RPR) will attend one progress meeting every month for the duration of the project with the Contractor and VILLAGE at a location indicated by VILLAGE. CONSULTANT will take notes and distribute minutes to all in attendance. e. RPR will attend weekly progress meetings as part of observation services. f Shop drawing reviews will be performed. g. RPR will work with VILLAGE and Contractor to create letters to residents, businesses, public facilities, and other impacted users along the corridor providing information and notification of major work items. h. Communicate with utility companies regarding adjustments to be completed. i. Communicate with material testing service provider. j. Review Pay Requests and Change Orders and make recommendations to VILLAGE. k. Records of quantities, daily observation reports, and testing results will be maintained and copies will be provided to VILLAGE at the end of the project. Record drawings will be collected from the Contractor. CONSULTANT will provide one copy of 11" x 17" and one copy of full size record drawings in MicroStation version 8 electronic format. CONSULTANT is providing drafting services only for record drawings based on the records presented to us by the Contractor and VILLAGE. CONSULTANT shall not be liable for the accuracy of the record drawing information provided by Contractor and VILLAGE. Morton Grove_ Lincoln and Ferns / ?9- Mar -10 .Scope of Services — Pave I ATTACHMENT A 3. Construction Observation a. Construction observation hours are based on full -time being eight hours per day on site and part-time being four hours per day on site in addition to one hour per day drive time to and from the site. b. Assumes Contractor shall be working five days per week. c. Regular tasks included in the RPR observation are: i. Maintain records and daily diary in accordance with IDOT documentation. ii. Review of the contractor's progress schedule. iii. Communicate with VILLAGE on design issues. d. Observation of site layout, erosion control items, and tree removal. e. Observation of AT &T, ComEd, and Nicor utility adjustments within the project corridor. f. Observation of water main installation and testing. g. Observation of storm sewer structure replacement and adjustments. h. Observation of electric conduit installation. i. Observation of cured -in -place piping. j. Observation of Lincoln Avenue pavement reconstruction. k. Observation of curb and gutter removal and replacement. 1. Observation of electrical base foundations. m. Observation of bituminous binder course paving. n. Observation of sidewalk and streetscape installation. o. Observation of bituminous surface course installation. p. Observation and review of restoration items. q. Compile a punch list and issue to Contractor. Verify completion of punch list items. r. Perform a final review with VILLAGE and Contractor and prepare a final punch list s. In furnishing observation services, CONSULTANT's efforts shall be directed toward determining for VILLAGE that the completed project will, in general, conform to the Contract Documents; but CONSULTANT shall not supervise, direct, or have control over the contractor's work and shall not be responsible for the contractor's construction means, methods, techniques, sequences, procedures, or health and safety precautions or programs, or for the contractor's failure to perform the construction work in accordance with the Contract Documents. 4. Material Testing Services shall be performed by a geotechnical consultant. Services Related to Buried Wastes and Contamination: Should buried solid, liquid; or potentially hazardous wastes or subsurface or soil contamination be uncovered at the site, follow -up investigations may be required to identify the nature and extent of such wastes or subsurface soil or groundwater contamination and to determine appropriate methods for managing of such wastes or contamination and for follow -up monitoring. Investigation, design, or construction- related services related to buried solid, liquid, or potentially hazardous wastes or soil or groundwater contamination will be provided Morton Grove. Lincoln and Fems / 29- Mar -10 Scope of.Se"iees — Page 2 ATTACHMENT A through a separate agreement with VILLAGE. A separate SCOPE OF SERVICES will be provided to VILLAGE prior to use of allocated funds. Service Elements Not Included The following services are not included in this Agreement. If such services are required. they will be provided as noted. Additional and Extended Services during construction made necessary by a. Work damaged by fire or other cause during construction. b. A significant amount of defective or neglected work of any contractor. C. Prolongation of the time of the construction contract. d. Default by contractor under the construction contract. Any services of this type will be provided through an amendment to this Agreement. 2. Archaeological or Botanical Investigations: CONSULTANT will assist VILLAGE in engaging the services of an archaeologist or botanist, if required, to perform the field investigations necessary for agency review through a separate agreement with VILLAGE. I Flood Studies: Any services involved in performing flood and floodway studies, if required, will be provided through an amendment to this Agreement or through a separate agreement with VILLAGE. 4. Land and Easement Survevs /Procurement: Any services of this type including, but not limited to, a record search, field work, preparation of legal descriptions, or assistance to VILLAGE for securing land rights necessary for siting sanitary sewer, tanks, and appurtenances will be provided through a separate agreement with VILLAGE. 5. Permit and Plan Review Fees: All permit and plan review fees payable to regulatory agencies shall be paid for by VILLAGE. 6. Preparation for and/or Appearance in Litigation on Behalf of VILLAGE: Provision of this type of service by CONSULTANT will be through a separate agreement with VILLAGE. 7. Review of Product Substitutions or Means Method. Technique. Sequence. or Procedure Substitutions Proposed by Contractor: The terms of the construction Contract call for the construction contractor to reimburse VILLAGE for CONSULTANT's cost for evaluating substitute products, means, method, technique, sequence, or procedure of construction. CONSULTANT's cost for such evaluations is not included in the scope of this Agreement. Provision of such service by CONSULTANT will be through an amendment to this Agreement. 8. Revising Designs Drawings. Specifications, and Documents: Any services required after these items have been previously approved by state or federal regulatory agencies, because of a change in project scope or where such revisions are necessary to comply with changed state and federal regulations that are put in force after Morton Grove. Lincoln and Ferris/29- Mar -10 Scope of Services —Page 3 ATTACHMENT A Services have been partially completed, will be provided through an amendment to this Agreement. 9. Services Furnished Durine Readvertisement for Bids. if Ordered by VILLAGE: if a Contract is not awarded pursuant to the original bids, any services of this type will be provided through an amendment to this Agreement. Morton Grove. Lincoln and Ferns/29- Mar -10 Scope of SetVices — Page 4 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 not to exceed 222700, unless otherwise authorized by a Task Order or a Change Order. Form Revision. 4/1/10 17 of 18 4/8/2010 e a l j ;e� al U _ I l w ° v o ° o 0 0 c c va Illy ° ° a. v y°j s ti wll wl I v _ n wl I rl I m m I e n ml I nl m m PAN o � rl .I I m ° � ul ry 1. N v °I� ml a m S m II m a - I r nl mil m 'I I j a� I ° v I I ki m N m m ITIF I o i °I I I of I I I I 'I i Il 11 I I I i to loll I I li Im � I I I I I I L}J o o� °o.. °m N �o v � i I¢ I a I I I l I _ I I I I I I i i i T Ili i N d E d i � i I I n �n 1 I I I 1 I li EI �l x m > m I ;I� s I m I I - - � N I � 3i 31 I l E m Q 3 E i 3 E @� E a o d 3 E 3 =I c o m o ELI E NI al °I 3 of E Q _ �I Rka ape, Jig Exhibit 1 TESTING SERVICE CORPORATION Carol Stream, Illinois Local Offlwv 457 E. Gundersen Drive, Carol Stream, IL 601882492 630.653.3920 o Fax 630.653.2726 April 6, 2010 401 N. Riverside Drive, Suite 24, Gurnee, IL 60031 -5914 847.24 &:6040 o Fax 847.249.6042 203 Earl Road, Suite A; Shorewood, IL 60404 -9446 Mr. Raymond K. Kumapley, P.E. 815.744.1510 o Fax M.744,1728 Strand Associates, Inc. 8201 W. 183rd Street, Suite 0, Tinley Park, IL 60477 -9249 1170 South Houboit Road 708.429.2089 o Fax 708.429.2144 Joliet, Illinois 60431 650 Peace Road, Suite D, DeKalb, 1 60115 -8401 815348,2106 o Fax815.748.2110 2215 WAvenue, Rockford, IL 61104-7334 RE: P.N. 44,772 (Revised) 815.394.2562+ Fax 815.394:2566 Construction Material Engineering Village of Morton Grove Lincoln /Ferris Roadway Improvements Morton Grove, Illinois Dear Mr. Kumapley: Per your request, Testing Service Corporation (TSC) is pleased to submit this proposal to provide the Construction Materials Engineering Services that will be requested by you for the above referenced project. The broad objectives of our work will be to conduct and interpret tests and report our findings as directed by Strand Associates, Inc. TSC is staffed and equipped to provide any of the following services that may be ordered by you: Field Quality Control Services - Observe proof - rolling operations. - Recommend amount of undercut using IDOT cone penetrometer procedure. - Perform it iace density tests on engineered filt /backfill and granular base course -Test plastic concrete for slump, air content, temperature, unit weight and cast test cylinders. - Establish rolling pattern for bituminous concrete pavement mix with nuclear density gauge. - Pickup samples in the field for laboratory tests. Bituminous Concrete Batch Plant Quality Control Services -Daily hot bin and extraction analysis. - Sampling and testing of stockpile materials. - Check and adjust mixing formulas, as necessary. -Check temperatures of bitumen, drum and final mix. -Mold Marshall samples and check for stability and flow or determine density of Prepared (HMA) specimen by means of Gyratory Compactor.. -Other tests as required by current IDOT procedures guide. Portland Cement Concrete Batch Plant Quality Control Services - Verify that current IDOT mix design is being used. -Check moisture content of fine aggregate. - Perform sieve analysis on stockpiled materials, as required by IDOT criteria. -Check the slump, air and temperature of final mix. -Other tests, as required by current IDOT procedure guide. AwNeling a 7411 Range rr %G'eotecltiiical Engineering, invirnnxnerrttd Servicas, nor/ Lbnsh•rrclinsl. Alaseflmis Grrghwering K Tes6ag Carol Stearn; IL o Bloomington, IL • DeKalb, IL o Gurnee, if. 9 Shorewood, IL • Tinley Park, IL *Rockford, IL Exhibit 1 Strand Associates, Inc. P.N. 44,772 (Revised) - April 6 2010 Laboratory - Perform laboratory compaction curve for each soil type used. - Determine density and thickness for core samples submitted by contractor. - Aggregate gradation and soundness analysis. - Perform compressive and flexural strength tests for concrete cylinders and beams. -Other tests; as required. TSC's field technicians are represented by Local 150 of the International Union of Operating Engineers. Supervision of the testing, observation and reporting is provided by a Registered Professional Engineer. Reports will generally be issued on a weekly basis as work progresses. Invoices will be issued monthly, subsequent to the reporting period. A budget amount of Eight Thousand Eight Hundred Sixty -Six Dollars ($8;866:00) is recommended for your project. This estimate is based on a review of plans and specifications provided by Strand Associates, Inc. and prior experience on similar projects. TSC's itemized estimate is included in the "Assumptions and Estimated Fee" portion of this proposal. Factors such as weather, contractor efficiency and deviations from minimum testing and observation requirements may significantly impact the CME budget. Our fee is further subject to this proposal being accepted by you on or before December 31, 2010. The Services performed by TSC under this proposal are subject to prevailing wage regulations under Illinois law. Prevailing wage rates are established in June by the State of Illinois. Should the established wage be changed between the time of this proposal and the time of work, it will be necessary to revise this proposal so that the rates required by law are properly reflected. Prevailing wage categories are defined as follows: Material Tester : Hand coring and drilling for testing of materials; field inspection of uncured concrete and asphalt. Material Tester ii: Field inspection of welds, structural steel, fireproofing, masonry, soil, facade, reinforcing steel, formwork, cured concrete and concrete and asphalt batch plants, adjusting proportions of bituminous mixtures. TSC's fees include TSC's services being performed subject to the attached General Conditions which are incorporated herein. Unless we receive written instructions to the contrary, invoices will be sent to: Mr. Raymond K. Kumapley, P.E. Strand Associates, Inc. 1170 South Houbolt Road Joliet, Illinois 60431 Tel: (815) 744 -4200 Fax: (815) 744 -4215 email: ravmond.kumaplevCa?strand�com When completing the attached project data form, kindly indicate who is to receive copies of TSC's report and other project data. -2- Exhibit 1 Strand Associates, Inc. P N 44,772 (Revised) - April 6 2,010 Your consideration of our proposal is appreciated. We look forward to being of service to you on this project. Respectfully submitted, TESTING SERVICE CORPORATION Jeffrey R. Schmitz, P. Civil Engineer JRS:JRM:tiv Eno: General Conditions Project Data Sheet Approved and accepted for (NAME) (DATE) -3- Prepared�iby, effrey R: Madinka, P.E. by: Exhibit 1 Strand Associates, Inc. P.N. 44,772 (Revised) - April 6 2010 SCHEDULE OF CHARGES ITEM I FIELD SERVICES A. Material Tester I Per Hour: $ 109.50 B. Material Tester II Per Hour; $ 112.50 C. (DOT QC /QA Level III BIT or PCC Per Hour: $112.50 CME Technician classification includes.IDOT BITIPCC and QC /QA Certified Technicians. The time is portal-to-portat from the office servicing the project. Increase hourly . rate by 1.4 for over 8.0 hours . per day or Saturday . Increase hourly rate by 1..8 for Sunday or Holiday work. The minimum trip charge for to 4 hours is four (4) hours and for 4 to 8. hours is eight (8) hours Monday through Friday and eight (8) hours on Saturday and Sunday. Engineering services for summary report preparation are invoiced . at the Graduate. Engineer Rate. D. Transportation, Light Vehicle Per Mile: $ 0.60 E. Use of Nuclear Moisture /Density Gauge Per Day: $ 35.00 F. Pickup Concrete Test Samples Per Trip; $ 60.00 ITEM 11 LABORATORY SERVICES A. Soils 1_ Compaction Curve to establish the maximum dry unit weight and optimum water content a. Modified (AASHTO T180, ASTM D1557) Each: $175.00 b. Standard(AASHTO T99, ASTM D698) Each: $165.00 c. Add for Methods B, C, or D Each: $ 15.00 2. Thin - Walled Tube Samples a. Combined Water Content & Dry Unit Weight Determination Each: $ 15.00 b. Unconfined Compressive Strength Each: $ 12.00 B. Portland Cement Concrete /Aggregates 1. Concrete Test Cylinders (6 "x12 ") a, Compressive Strength Each: $ 16.25 b. Spares /Handling Charge Each: $ 16.25 c. Trim End of Specimen When Necessary Each: $ 20.00 -4- Exhibit 1 Strand Associates, Inc. P.N. 44,772 (Revised) - April 6, 2010 2. Concrete Test Cylinders (4 "x8 ") a. Compressive Strength Each: $ 15.50 b. Spares /Handling Charge Each: $ 15.50 c. Trim End of Specimen When Necessary Each: $ 20.00 3. Sieve Analysis a. Unwashed Each: $ 68.50 b: Washed Each: $ 85.00 C. Bituminous Concrete 1. Extraction Analysis a. Unwashed Each: $ 185.00 b. Washed Each: $ 205.00 2. Compaction of Bituminous Mixture by Gyratory Methods and Bulk Specific Gravity Test Set of Two $185.00 3. Theoretical Maximum Specific Gravity of Paving Mixture Each: $ 90.00 4. Calibration of Ignition Oven for Asphalt Content by iDOT Methods: Each: $650.00 5. Determining Asphalt Content by Ignition Oven: Each: $100.00 6. Determining Asphalt Content by Ignition Oven and Washed Gradation: 7, Bulk Density of Core Specimens ITEM III CONSULTATION AND REPORT PREPARATION A. Registered Professional Engineer, Principal B. Registered Professional Engineer C. Graduate Civil Engineer D. Transportation Each: $175.00 Each: $ 40.00 Per Hour: $ 170.00 Per Hour: $130:00 Per Hour: $110:00 1. Light Vehicle Per Mile: $ 0.60 2. Public Transportation Cost+ 10% The above rates are valid through December 31, 2010. -5 Exhibit 1 Strand Associates, Inc. P. N. 44,772 (Revised) - April 6, 2010 ASSUMPTIONS & ESTIMATED FEE The following estimate is based on review of materials quantities provided by the Strand Associates, Inc. and the Illinois Department of Transportation's Project Procedures Guide. At the time this estimate was prepared the contractor's schedule was not available, The unit prices used below are based on our current cost structure. Portland Cement Concrete /Plant INo ITEMS Unit Quantity Unit Amount 1 Material Tester 11 Hour 40.0 112.50 $ 0.00 2 Travel, Material Tester 11 Hour 112.50 $ 0.00 3 Travel, Light Vehicle Mile 650 0.60 $ 0.00 4 Pickup Test Samples Each 10 60.00 $ 0.00 5 Concrete Test Cylinders (6 "x 12 ") Each 40 16.25 $ 0.00 6 Concrete Test Cylinders (4 "x 8 ") Each 15.50 $ 0.00 7 Sieve Analysis, Unwashed Each 68.50 $ 0.00 8 Sieve Analysis with #200 Wash Each 85.00 $ 0.00 9 Density of Core Sample Each 40.00 $ 0.00 Sub- Total: $ 0.00 Estimate. Basis:. Portland Cement Concrete /Field IN o. ITEMS Unit Quantity Unit Amount 1 Material Tester I Hour 40.0 109.50 $ 4,380.00 2 Travel, Material Tester I Hour 109.50 $ 0.00 3 Travel, Light Vehicle Mile 650 0.60 $ 390.00 4 Pickup Test Samples Each 10 60.00 $ 600:00 5 Concrete Test Cylinders (6 "x 12 ") Each 40 16.25 $ 650.00 6 Concrete Test Cylinders (4 "x 8 ") Each 15.50 $ 0.00 7 Sieve Analysis, Unwashed Each 68.50 $ 0.00 Sub -Total $ 6,020.00 Estimale'Basis: Ten site visits to test and sample concrete placed' for sidewalks, driveway pavement, combination curb and gutter and Class C Patches Exhibit 1 Strand Associates, Inc. P. N. 44,772 (Revised) - April 6 2010 Bituminous Concrete /Plant Item No ITEMS Unit Quantity Price Amount 1 Material Tester II Hour 12.0 112.50 $ 0.00 2 Travel, Material Tester 11 Hour 112.50 $ 0:00 3 Travel, Light Vehicle Mile 195 0.60 $ 0.00 4 Pickup Test Samples Each 60.00 $ 0.00 5 Nuclear Moisture Density Gauge Day 3 35:00 $ 0.00 6 Bituminous Concrete Extraction Analysis Each 185.00 $ 0.00 7 Compaction of Bituminous Mixture by Gyratory Methods and Bulk Specific Gravity Test Set of Two 185.00 $ 0.00 8 Theoretical Maximum Specific Gravity of Paving Mixture Each 9 90.00 $ 0.00 Sub - Total: $ 0.00 Estimate Basis: Bituminous Concrete /Field Item No ITEMS Unit Quantity Unit Amount 1 Material Tester 'I Hour 12.0 109.50 $ 1,314.00 2 Material Tester 1 (Overtime) Hour 109.50 $ 0.00 3 Travel, Light Vehicle Mile 195 0.60 $ 117.00 I 4 Pickup Test Samples Each 60.00 $ 0.00 5 Nuclear Moisture Density Gauge Day 3 35.00 $ 105.00 6 Bituminous Concrete Extraction Analysis Each 185.00 $ 0100 7 Compaction of Bituminous Mixture by Gyratory Methods and Bulk Specific Gravity Test Set of Two 185.00 $ 0.00 i 8 Density of Core Sample Each 9 40.00 $ 360:00 Sub - Total $ 1 89600 Estimate Basis: Three site visits to monitor the compaction of HMA mixes for leveling binder, binder and surface. -7- Exhibit 1 Strand Associates, Inc. P.N. 44,772 (Revised) - April 6 2010 Project Coordination & Report Preparation Item ITEMS Unit Quantity Unit Amount 1 Project Engineer Hour 5 110.00 $ 550.00 2 QA Manager Hour 4 100.00 $ 400.00 Sub - Total: $ 950.00 TSC's base fee schedule includes up to three copies of each report. M Estimated Total: $ 8;866.00 Attachment C CHANGE ORDER Village of Morton Grove In accordance with of the Consulting Services Contract dated 4/13/2010 ( "Contract ") between the Village of Morton Grove ( "VILLAGE ") and Strand Associates, Inc. ( "CONSULTANT "), this Change Order modifies the Contract as follows: I 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 Date CONSULTANT Signature Name (Typed or Printed) Date Form Revision 4/1/10 18 of 18 4/8/2010 Legislative Summary j Resolution 10 04 AUTHORIZATION FOR THE PURCHASE OF SIX PLOWS (FOUR FIXED AND TWO REVERSIBLE) FOR USE BY THE PUBLIC WORKS DEPARTMENT Introduced: April 26, 2010 Synopsis: This purchase is necessary for the Public Works Department to maintain a safe and efficient snow and ice removal operation. Purpose: To replace six snow plows which are at the end of their useful service life. Background: The Public Works Department routinely reviews vehicles and equipment for fuel economy, safety, dependability, age, and excessive repair cost. Replacing or eliminating equipment that no longer meets the department's needs is needed at this time to make sure snow and ice removal operations continue on schedule when needed. Programs, Departments Public Works and Finance Departments. or Groups Affected Fiscal Impact: Funding is available in the 2010 Public Works budget in the amount of $60,000 for replacement of snow plows. The plows being replaced at this time will be in the amount of $42,916, which is $17,084 below the budgeted amount. Source of Funds: General and Enterprise Funds. Workload Impact: The implementation of this purchase will be done as part of the normal operations of the Public Works and Finance Departments. Administrator Approval as presented. Recommendation: Second Reading: Not required. Special Considerations or None Requirements: "t a Respectfully submitted: �+, � t^�EG�'' Joseph 'F. Wa e, Village Administrator (�� Prepared by: Reviewed by: Aej De Monte, Director of Public Works Teresa Corporation counsel RESOLUTION 10 -34 AUTHORIZING THE PURCHASE OF SIX PLOWS (FOUR FIXED AND TWO REVERSIBLE) FOR USE BY THE PUBLIC WORKS DEPARTMENT 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 purchase of plows is necessary for the Public Works Department to maintain a safe and dependable winter snow removal operation; and WHEREAS, the Public Works Department advertised in the March 11, 2010, issue of the Pioneer Press Newspaper inviting bids for the purchase of six snow plows (four fixed and two reversible); and WHEREAS, four equipment suppliers obtained the bidding materials; and WHEREAS, four bids were received, publicly opened, and read at the Public Works Facility at 10:00 a.m. on Friday, April 9, 2010, with the bid results as follows: ;and Contractor Total Lindco Equipment Sales $42,916.00 Auto Truck Group $44,019.40 Monroe Truck Equipment $52,202.00 R.A. Adams Enterprises $57,346.00 WHEREAS, funding for the above work is included within the Village of Morton Grove's 2010 Budget under Account Numbers: 025017 - 572010 and 405033 - 572030; and WHEREAS, the qualifications and availability of the low bidder have been verified. 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 those companies listed and described on this Resolution for the purchase of six snow plows are approved in this Resolution. SECTION 3: The Public Works Director of the Village of Morton Grove is hereby authorized to execute the purchase of six snow plows (four fixed and two reversible) for the total amount of $42,916.00 from Lindco Equipment Sales, Inc. 2168 East 88 "' Drive Merrillville, IN 46410. Section 4. This Resolution shall be in full force and effect upon its passage and approval. PASSED this 26 "' day of April 2010. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 26th day of April 2010. Daniel J. Staackmarm, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 27`h day of April 2010. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary I ORDINANCE 10 -11 DELETING TITLE 4, CHAPTER 4, ARTICLE A ENTITLED ELECTRICAL CONTRACTORS AND AMENDING TITLE 4, CHAPTER 4, ARTICLE C ENTITLED BUILDING CONTRACTORS OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced April 26, 2010 Objective To amend Title 4, Chapter 4. Articles A and C of the Village Municipal Code so the Municipal Code remains current and relevant. Purpose: The purpose of this ordinance is to eliminate a redundant requirement for electrical contractor licensing and to update the licensing requirements for contractors regulated by the Illinois Department of Financial and Professional Regulation (IDFPR.) Background: 44A currently exempts electrical contractors registered anywhere in Illinois from paying a license fee to the Village as well as exempting all requirements for an electrical contractor registered anywhere in Cook County. Eliminating this chapter will eliminate confusion in the subsequent Title 44C since licensing of electrical contractors is also covered under this Title. Making this change will now require electrical contractors to obtain a Village of Morton Grove contractor's business license. It will also update the requirements as regulated by the Illinois Department of Financial and Professional Regulation alone with contractor insurance requirements concerning electrical contractors. This ordinance will also change the time period of the annual license from twelve months beginning May I of each year to a one year period from the date the license is issued. Programs, Departments Department of Building and Inspectional Services. or Groups Affected Fiscal Impact: Negligible Source of Funds: Not applicable. Workload Impact: None Administrator Approval as presented. Recommendation: Second Reading: Required —Code Amendment Special Considerations or None Requirements: I Administrator Approval l 7!T%,GL Joseph LV kide, Village Administrator Prepared b Reviewed by: /sue Ed Hildebrandt Building Commissioner Teresa �lof um I Jsston, Corporation Counsel ORDINANCE 1011 DELETING TITLE 4, CHAPTER 4, ARTICLE A "ELECTRICAL CONTRACTORS" AND AMENDING TITLE 4, CHAPTER 4, ARTICLE C, "BUILDING CONTRACTORS" 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 continually in the process of reviewing and as necessary, updating existing Municipal Ordinances; and WHEREAS, the requirements of Title 4, Chapter 4, Article A entitled, "ELECTRICAL CONTRACTORS" and Title 4, Chapter 4, Article C entitled, `BUILDING CONTRACTORS" have been reviewed and are in need of updating; and WHEREAS, the Corporate Authorities deem it is in the best interest of the Village to eliminate the redundant requirements for electrical contractor licensing and in doing so update the licensing requirements as regulated by the Illinois Department of Financial and Professional Regulation (IDFPR) for all contractors. 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 4, Article A of the Municipal Code of the Village of Morton Grove is hereby amended by repealing the Article in its entirety. SECTION 3: Title 4, Chapter 4, Article C. Section 2 entitled License Required is hereby amended by repealing this section in its entirety and replacing it with a new Title 4, Chapter 4, Article C, Section 2, also to be entitled License Required to read as follows: 4 -4C -2: LICENSE REQUIRED: A. It shall be unlawful to engage in contract work within the municipality as a building contractor without first having obtained a license therefore. Application for license shall be on forms prepared by the Building Department. B. The fee for a building contractor's license shall be one hundred dollars ($100.00) per licensing period. The licensing period shall be one year from the date of the license issuance. C. Building contractors who have their principal office in Morton Grove and any contractors licensed by the Illinois Department of Financial and Professional Regulation ( IDFPR) shall also be licensed under provisions of this section; however, the license fees in subsection B of this section shall be waived. D. The provisions of this chapter shall not require a homeowner to be licensed as a contractor to rehabilitate, alter, or repair his own home. (Ord. 85 -1, 1- 25- 1985). SECTION 4: Title 4, Chapter 4, Article C, Section 3 entitled License and Permit Bond and Liability Insurance of the Municipal Code of the Village of Morton Grove is hereby amended by repealing this section in its entirety and replacing it with a new Title 4, Chapter 4, Article C, Section 3, also to be entitled License and Permit Bond and Liability Insurance to read as follows: 4 -4C -3: LICENSE AND PERMIT BOND AND LIABILITY INSURANCE: A. Every building contractor licensed under this chapter shall maintain a license and permit bond with the building department. Such bond shall be in the amount of ten thousand dollars ($10,000.00) and the Village of Morton Grove shall be named as oblige. Contractors licensed and regulated by IDFPR shall provide a copy of their State bond. B. In addition to the license and permit bond, all general contractors, plumbing contractors, and sewer contractors shall submit a current certificate (s) of insurance issued by a company having at least an A rating in the "Best Insurance Guide" evidencing coverage of not less than the following amounts: Public Liability Insurance: Three hundred thousand dollars ($300,000.00) for injuries to one person in one occurrence. One million dollars ($1,000,000.00) for injuries to more than one person in one occurrence. One hundred thousand dollars ($100,000.00) for damages to property in one occurrence. Workers' compensation insurance in the amounts required by law. 2. Contractors working within a Village right -of -way shall provide a policy endorsement on an ISO Form CG 2010 or CG 2026, or a similar endorsement form acceptable to the Building Commissioner, naming the Village of Morton Grove as an additional insured. C. For the purpose of this section, any contractor who controls three (3) or more building trades shall be deemed a general contractor. (Ord. 91 -56, 12 -9- 1991). 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 April 2010. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 26`h day of April 2010. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 27`h day of April 2010. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois