Village Council REGULAR MEETING Village Hall 510 Green Bay Road April 17, 2018 7:00 p.m. AGENDA . 1)...

Winnetka Village Council REGULAR MEETING

Village Hall 510 Green Bay Road

April 17, 2018 7:00 p.m.

AGENDA 1) Call to Order

2) Pledge of Allegiance

3) Quorum

a) May 1, 2018 Regular Council Meeting

b) May 8, 2018 Study Session

c) May 15, 2018 Regular Council Meeting

4) Public Comment

5) Reports

6) Approval of Agenda

7) Consent Agenda

a) Approval of Village Council Minutes

i) April 3, 2018 Regular Council Meeting ..........................................................................3

b) Approval of Warrant List dated March 30 – April 12, 2018 .................................................8

c) Ordinance No. MC-2-2018: Amending Liquor Code (Adoption) .........................................9

d) Resolution No. R-22-2018: Approving a Class B Liquor License for Bond Drug Company of Illinois, LLC d/b/a Walgreens #21150 (Adoption) ...........................................13

e) Resolution No. R-26-2018: Pavement Rejuvenation Multi-Year Contract (Adoption) .......17

f) Resolution No. R-27-2018: Approving Change Order No. 4 to Extend the Term of the Contract with B-Max Inc. for Electric Distribution System Work (Adoption) ...............70

8) Ordinances and Resolutions

a) Ordinance No. MC-3-2018: Amending the Village Code – Purchasing (Introduction) ........74

b) Ordinance No. M-8-2018: 1060 Gage Street – Tutoring Center Special Use Permit (Introduction & Adoption) .....................................................................................................77

c) R-28-2018: Approval of Phase II Agreements for Oak and Cherry Street Bridges (Adoption) ..............................................................................................................................122

Emails regarding any agenda item are welcomed. Please email [email protected], and your email will be relayed to the Council members. Emails for the Tuesday Council meeting must be received by Monday at 4 p.m. Any email may be subject to disclosure under the Freedom of Information Act.

Agenda Packet P. 1

NOTICE

All agenda materials are available at villageofwinnetka.org (Government > Council Information > Agenda Packets & Minutes); the Reference Desk at the Winnetka Library; or in the Manager’s Office at Village Hall (2nd floor). Webcasts of the meeting may be viewed on the Internet via a link on the Village’s web site: http://www.villageofwinnetka.org/government/village-videos/.

The Village of Winnetka, in compliance with the Americans with Disabilities Act, requests that all persons with disabilities who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities, contact the Village ADA Coordinator – Megan Pierce, at 510 Green Bay Road, Winnetka, Illinois 60093, 847-716-3543; T.D.D. 847-501-6041.

9) Old Business: None.

10) New Business

a) Environmental and Forestry Commission Green Awards .....................................................158

11) Appointments

12) Closed Session

13) Adjournment

Agenda Packet P. 2

http://www.villageofwinnetka.org/

http://www.villageofwinnetka.org/government/village-videos/

MINUTES WINNETKA VILLAGE COUNCIL

REGULAR MEETING April 3, 2018

(Approved: xx)

A record of a legally convened regular meeting of the Council of the Village of Winnetka, which was held in the Village Hall Council Chambers on Tuesday, April 3, 2018, at 7:00 p.m.

1) Call to Order. President Rintz called the meeting to order at 7:01 p.m. Present: Trustees Andrew Cripe, Robert Dearborn, Scott Myers, John Swierk, and Kristin Ziv. Absent: Trustee Penny Lanphier. Also present: Village Manager Robert Bahan, Assistant Village Manager Megan Pierce, Village Attorney Peter M. Friedman, Public Works Director Steve Saunders, Public Works Analyst Matt Havlik, Director of Community Development David Schoon, Interim Police Chief Marc Hornstein, Economic Development Coordinator Mike Martella, and approximately 14 persons in the audience.

2) Pledge of Allegiance. Trustee Ziv led the group in the Pledge of Allegiance.

3) Quorum.

a) April 10, 2018 Study Session. All of the Council members present said they expect to attend.

b) April 17, 2018 Regular Meeting. All of the Council members present except President Rintz said they expect to attend.

c) May 1, 2018 Regular Meeting. All of the Council members present said they expect to attend.

4) Public Comment.

Patricia Balsamo, 1037 Cherry. Ms. Balsamo commended the Village on the latest edition of the Winnetka Report, the Village’s quarterly print newsletter.

5) Reports: [Trustee Lanphier arrived at 7:05 p.m.]

a) Trustees.

i) Trustee Dearborn reported on the last Landmark Preservation Commission meeting.

ii) Trustee Swierk reported on a recent International Convention of Shopping Centers event which he attended.

b) Attorney. None.

c) Manager. None.

d) Village President. None.

6) Approval of the Agenda. Trustee Myers, seconded by Trustee Cripe, moved to approve the Agenda. By voice vote, the motion carried.

Agenda Packet P. 3

Winnetka Village Council Regular Meeting April 3, 2018

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7) Consent Agenda

a) Village Council Minutes.

i) March 13, 2018 Study Session.

ii) March 19, 2018 Special Meeting.

b) Approval of Warrant List dated March 16 – 29, 2018 in the amount of $533,407.95.

c) Resolution No. R-23-2018: Metropolitan Mayors Caucus Greenest Region Compact 2 (Adoption).

d) Resolution No. R-25-2018: 574 Green Bay Road - Easement for Streetlight Controller (Adoption).

Trustee Ziv, seconded by Trustee Cripe, moved to approve the foregoing items on the Consent Agenda by omnibus vote. By roll call vote, the motion carried. Ayes: Trustees Cripe, Dearborn, Lanphier, Myers, Swierk, and Ziv. Nays: None. Absent: None.

8) Ordinances and Resolutions.

a) Ordinance No. MC-2-2018: Amending Liquor Code (Introduction). Interim Chief Hornstein reviewed this proposed modification to the definitions for the Class B liquor license, to include certain pharmacies. This would provide for the new Walgreens opening soon in Hubbard Woods to qualify for a Class B liquor license.

Trustee Lanphier expressed concern that any pharmacy would also qualify for a Class B liquor license under the proposed Code amendment. Trustee Dearborn agreed, and suggested an amendment to the Ordinance should better describe the Village’s intent for this Class B liquor definition expansion.

President Rintz called for public comment.

There being none, Attorney Friedman explained that he had prepared an amendment to the Ordinance to clarify that stand-alone pharmacies would not qualify for a Class B liquor license.

After more discussion, the Council was in favor of introducing the amended Subject Ordinance.

Trustee Dearborn, seconded by Trustee Myers, moved to introduce Ordinance No. MC-2-2018, as amended by the Village attorney to permit certain pharmacy-related establishments to qualify for a Class B liquor license. By voice vote, the motion carried.

b) Ordinance No. M-5-2018: 860 Lamson Drive - Preliminary Plat Approval Sandra K. Crown Subdivision and Variations (Adoption). Mr. Schoon said he had nothing new to add, since the request has been discussed at two prior Council meetings. Responding to a question, he explained that the applicant asked for a continuance until the full Council was in attendance to vote on approval of the Ordinance.

There being no public or further Council comment, Trustee Cripe, seconded by Trustee Ziv, moved to adopt Ordinance No. M-5-2018. By roll call vote, the motion carried. Ayes: Trustees Cripe, Dearborn, Myers, Swierk, and Ziv. Nays: Trustee Lanphier. Absent: None.

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c) Ordinance No. M-7-2018: 614 Lincoln Avenue (Winnetka Community House) Special Use Permit for Parking Lot Expansion (Introduction & Adoption). Mr. Schoon reviewed this request from the Community House for a Special Use Permit to allow the expansion of an existing parking lot. He noted that the materials for constructing the lot will be of a slightly temporary nature, since the Community House is in the process of completing a strategic plan which might affect the future of the space. The Zoning Board of Appeals (ZBA), Plan Commission (PC) and Design Review Board all recommended approval of the request, with the ZBA and PC recommending placing a term limit of seven to ten years upon the special use, out of concern for the durability of the parking lot materials.

The Council asked a few questions and discussed the term limit recommendation from the ZBA and PC; most were in favor of eliminating it, as they trusted the Community House to continue to be a good neighbor. President Rintz asked the applicant if he had any comments.

Bob Thomas, Director of the Winnetka Community House, explained that access to the lot will not change with the new configuration, and he clarified that the lot surface was chosen to give the Community House five to seven years to complete a strategic plan and then raise funds in the event the lot needs rehabilitation work. He confirmed that the Community House intends to be a good neighbor and maintain the lot in good repair.

After more Council discussion, President Rintz called for public comment. There being none, he asked the Trustees if they desired to amend the Ordinance to eliminate the sunset provision. There was general consensus to do so, and to waive introduction.

Trustee Myers, seconded by Trustee Ziv, moved to amend Section 3(A) of Ordinance No. M-7-2018 to strike subsection (ii), and to waive introduction. By roll call vote, the motion carried. Ayes: Trustees Cripe, Dearborn, Lanphier, Myers, Swierk, and Ziv. Nays: None. Absent: None.

Trustee Ziv, seconded by Trustee Cripe, moved to adopt Ordinance No. M-7-2018 as amended. By roll call vote, the motion carried. Ayes: Trustees Cripe, Dearborn, Lanphier, Myers, Swierk, and Ziv. Nays: None. Absent: None.

d) Resolution No. R-24-2018: Sidewalk and Curb Replacement Contract (Adoption). Mr. Havlic reviewed this annual bid award for the Village’s Sidewalk and Curb replacement program.

There being no Council discussion, Trustee Myers, seconded by Trustee Ziv, moved to adopt Resolution No. R-24-2018. By roll call vote, the motion carried. Ayes: Trustees Cripe, Dearborn, Lanphier, Myers, Swierk, and Ziv. Nays: None. Absent: None.

9) Old Business. None.

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10) New Business.

a) Downtown Master Plan Task Force - Streetscape & Signage Update (Policy Direction).

Task Force member Meg Benson reviewed the work of the Task Force since its last Council appearance on February 6, noting that Council direction is needed on the issues of parking and tree losses that would occur if the recommended Streetscape and Signage Plan is adopted. She explained that many of the trees in the downtown area are not healthy, and replacement trees would be planted in areas where they could thrive and create a canopy. In addition, recommended intersection bumpouts and handicapped parking requirements of the Americans with Disabilities Act (ADA) would eliminate some on-street parking spaces.

Jodi Mariano, Teska Associates consultant, explained that the focus of the Task Force has been enhancement of the shopping and dining areas, to support downtown shops and businesses. She reviewed site furnishings, lighting, gateway and wayfinding signage, and streetscape character typologies. She illustrated the impacts of a bump-out at the intersection of Chestnut and Elm Streets, as well as a proposed mid-block bump-out on the west side of Chestnut Street between Spruce and Elm Streets. She gave a detailed review of recommendations for the West and East Elm areas, noting that each proposed project area has been broken down into smaller quadrants, for ease of phasing.

Trustee Scott Myers reviewed the budget of each quadrant, and said the estimated cost of all the proposed improvements is approximately $8.6 million. He noted that the creation of gathering spaces at the intersection bump-outs would sacrifice some parking. He explained that the Council needs to develop policies that would recoup some of that parking; for example, moving commuter parking away from shopping areas to provide more spaces for shoppers and visitors. The next step for the Council is to consider approval of the structural streetscape recommendations, and then form the policies that will enable implementation of the plan.

President Rintz called for public comment.

Vicki Hofstetter, owner of Oui Madame. Ms. Hofstetter said a reduction in parking would have a very negative impact on the retailers. She noted that the restaurants have sidewalk seating which serves as a gathering place, and she cautioned against creating bump-outs at the cost of parking spaces.

Stephanie Hoff, owner of The Book Stall. Ms. Hoff also expressed concern that a reduction in parking spaces will result in a loss to her business, especially since elderly people and young children need proximate parking to the stores.

Pat Balsamo, Winnetka resident. Ms. Balsamo expressed concern that the recommended benches have sharp corners that might be hazardous for children and the elderly. Ms. Mariano explained that the surfaces are more rounded than they appear in photos.

Debbie Gillett, 1301 Forest Glen. Ms. Gillet said no on-street parking spaces in East Elm should be lost until One Winnetka is constructed with its accompanying commuter parking. She noted that residents go downtown to shop, not for streetscape elements, and she added that the Elm Street Metra station has the best schedule, which is why many commuters prefer it to Hubbard Woods and Indian Hill.

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Terry Dason, Director of the Winnetka-Northfield Chamber of Commerce. Ms. Dason echoed Ms. Gillett’s comments about the Elm Street Metra station, and she cautioned against decreasing on-street parking, since customers want parking adjacent to businesses, especially in cold weather.

The Council discussed their options for sequencing streetscape projects in a way that wouldn’t reduce parking in East Elm until One Winnetka is completed. It was suggested to complete road and drainage projects first, and then do other improvements such as bumpouts, lighting, and planting at a later time. However, such an approach may be more costly and cause undue disruption to businesses. Other drivers of the sequencing process include supporting infrastructure, lighting, and funding.

Trustee Myers explained that it is the responsibility of the Council to determine where streetscape fits in with the priorities of flood control and other community issues. He noted that the Village has been discussing business district revitalization for over 15 years, with no results. He opined that doing nothing is a disservice to the Village, and that the Task Force has presented a plan that can be phased in pieces, so improvements can begin while the Council develops a coherent policy for future development. He suggested the Council first examine parking policies and make determinations on how the commuter spaces are allocated. He recommended starting work on the intersection bump-outs to activate those areas, and then think about mid-street bump-outs at a later date, when the impacts of One Winnetka and Post Office site are better known.

Ms. Mariano noted that conduit for the lighting is a major consideration in costs and phasing, as it is difficult to do a lighting project in a patchwork fashion.

President Rintz explained that water mains are also an all-or-nothing type of project, and he recommended that infrastructure projects be contemplated in terms of doing the whole block at once. Next, he requested the Task Force do more research on parking and infrastructure and report back to the Council in the near future.

11) Appointments:

a) Trustee Cripe, seconded by Trustee Ziv, moved to re-appoint Matthew Bradley to the Zoning Board of Appeals for a full term. By voice vote, the motion carried.

12) Closed Session. None.

13) Adjournment. Trustee Dearborn, seconded by Trustee Cripe, moved to adjourn the meeting. By voice vote, the motion carried. The meeting adjourned at 9:40 p.m.

______________________________ Deputy Clerk

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Agenda Item Executive Summary

Title:

Presenter:

Agenda Date: OrdinanceResolutionBid Authorization/Award

Consent: YES NO Policy DirectionInformational Only

Item History:

Executive Summary:

Recommendation:

Attachments:

Warrant List

Robert M. Bahan, Village Manager

04/17/2018

✔✔

None.

The Warrant List dated March 30 - April 12, 2018 was emailed to each Village Council member.

Consider approving the Warrant List dated March 30 - April 12, 2018.

None.

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Title:

Presenter:



Item History:

Executive Summary:

Recommendation:

Attachments:

Ordinance No. MC-2-2018: Amending Liquor Code (Adoption)

Marc Hornstein, Chief of Police and Peter Friedman, Village Attorney

04/17/2018

✔

✔

April 3, 2018: Introduced Ordinance MC-2-2018.

On February 20, 2018, Bond Drug Company of Illinois d/b/a Walgreens #21150, applied for a Class B liquor licensewith the Village. A Class B liquor license authorizes the sale of packaged liquor in a full-service grocery store.

A "full-service grocery store" as defined in the Village Code is "a retail establishment primarily for the sale of food,generally including fresh fruits and vegetables, fresh meats and a variety of packaged products. Such establishmentshall consist of at least five thousand (5,000) square feet and shall not normally have retail business hours after 10:00p.m. in the evening." After review of Walgreens' application, it was determined they do not meet the definition of agrocery store, and therefore, were not eligible for a Class B liquor license under the current definition.

At the April 3, 2018 Council meeting, the Village Attorney presented a draft proposed amendment to Section5.09.100.I of the Liquor Regulations to permit certain pharmacy related establishments operating as part of a largerretail establishment and specifically excluding stand-alone pharmacies ("pharmacy establishment") to obtain a Class BLicense; and (ii) Section 5.09.250 of the Liquor regulations to establish hours for the sale of liquor at these pharmacyestablishments (collectively).

Should said amendment be approved by Council, the resolution to approve Walgreens' Class B liquor licenseapplication would also be brought before Council on April 17.

Consider adoption of Ordinance No. MC-2-2018 - Amending the Winnetka Village Code regardingthe types of businesses that qualify for a Class B liquor license classification.

1) Ordinance No. MC-2-2018

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Additions are bold and double-underlined; deletions are struck through. April 17, 2018 MC-2-2018

ORDINANCE NO. MC-2-2018

AN ORDINANCE AMENDING THE WINNETKA VILLAGE CODE REGARDING THE TYPES OF BUSINESSES THAT QUALIFY FOR A

CLASS B LIQUOR LICENSE CLASSIFICATION

WHEREAS, the Village of Winnetka is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970 and has the authority to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, Section 11-42-10.1 of the Illinois Municipal Code, 65 ILCS 5/11-42-10.1, and Section 4-1 of the Illinois Liquor Control Act, 235 ILCS 5/4-1, provide the Village the authority to determine the number, kind, and classification of licenses for retail sales of alcoholic liquor; and WHEREAS, Chapter 5.09 of the Winnetka Village Code (“Village Code”) regulates the sale of alcoholic beverages within the Village (“Liquor Control Regulations”); and WHEREAS, the Liquor Control Regulations require, among other things, any establishment that desires to sell alcoholic beverages within the Village to first obtain a license from the Village; and WHEREAS, Section 5.09.100 of the Liquor Regulations establishes various liquor license classifications that authorize the sale of alcoholic beverages by certain types of establishments, subject to conditions; and WHEREAS, Section 5.09.100.I of the Liquor Regulations establishes the Class B License classification (“Class B License”), which authorizes the retail sale of package liquor in a full-service grocery store provided that no more than 10 percent of the total floor space of the grocery store is used for the display and sale of liquor; and WHEREAS, the Village Council desires to amend: (i) Section 5.09.100.I of the Liquor Regulations to permit certain pharmacy-related establishments obtain a Class B License; and (ii) Section 5.09.250 of the Liquor regulations to establish hours for sale of liquor at these pharmacies (collectively, “Proposed Amendment”); and WHEREAS, the Village Council has determined that adoption of the Proposed Amendment as set forth in this Ordinance is in the best interest of the Village and its residents; NOW, THEREFORE, the Council of the Village of Winnetka do ordain as follows: SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this Section as the findings of the Village Council, as if fully set forth herein. SECTION 2: CLASSIFICATION OF LICENSES. Section 5.09.100, titled “Classification of Licenses,” of Chapter 5.09, titled “Liquor Control Regulations,” of Title 5,

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titled “Business Licenses and Regulations,” of the Village Code is hereby amended to read as follows:

“Section 5.09.100 Classification of Licenses.

* * *

I. Class B Licenses. Class B licenses authorize the sale of package liquor in a full-service grocery store or in a pharmacy operating as part of a larger retail establishment and specifically excluding stand-alone pharmacies (“pharmacy establishment”). A Class B license shall authorize the licensee to use no more than ten (10) percent of the total floor space of the full-service grocery store or pharmacy establishment for the display and sale of alcoholic liquor in the original package. The hours of service shall be as provided in section 5.09.250 of this chapter.

* * *”

SECTION 3: HOURS OF SERVICE. Section 5.09.250, titled “Hours of service,” of Chapter 5.09, titled “Liquor Control Regulations,” of Title 5, titled “Business Licenses and Regulations,” of the Village Code is hereby amended to read as follows:

“Section 5.09.250 Hours of service.

* * *

B. Full-service grocery stores and pharmacy establishments. The sale of alcoholic liquor by a full-service grocery store or pharmacy establishment under a Class B license shall be permitted only during the regular business hours of such grocery store or pharmacy establishment, but not before 7:00 a.m. or after 10:00 p.m.

* * *”

SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law.

[SIGNATURE PAGE FOLLOWS]

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PASSED this_____day of _________, 2018, pursuant to the following roll call vote: AYES: NAYS: ABSENT: APPROVED this ____ day of _________, 2018.

Signed:

Village President

Countersigned: Village Clerk

Published by authority of the President and Board of Trustees of the Village of Winnetka, Illinois, this ___ day of _______, 2018.

Introduced: April 3, 2018 Passed and Approved: ______________, 2018

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Title:

Presenter:



Item History:

Executive Summary:

Recommendation:

Attachments:

Resolution No. R-22-2018: Approving a Class B Liquor License for Bond Drug Companyof Illinois, LLC d/b/a Walgreens #21150 (Adoption)

Marc Hornstein, Chief of Police and Peter Friedman, Village Attorney

04/17/2018

✔

✔

None.

Bond Drug Company of Illinois, LLC d/b/a Walgreens #21150 desires to open a store at 925 Green BayRoad. Walgreens is a retail drug store with sundries that sells packaged alcoholic liquor for consumptionoff the premises. Walgreens has applied for a Class B liquor license.

A Class B liquor license authorizes the sale of packaged liquor in a full-service grocery store or in apharmacy operating as part of a larger retail establishment and specifically excluding stand-alonepharmacies ("pharmacy establishment") provided the licensee uses no more than ten (10) percent of thetotal floor space of the full-service grocery store or pharmacy establishment for the display and sale ofalcoholic liquor in the original package.

If approved, Resolution No. R-22-2018 will grant the requested liquor license, subject to the followingconditions: (i) final inspection and approval of the premises; (ii) issuance of a certificate of occupancyfor the premises; and (iii) completion of the liquor license application background investigation by thepolice department. The Resolution will also update the appendix to Chapter 5.09 of the Village Code thatsets forth all authorized licenses by classification, which is attached to the Resolution as Exhibit A.

Consider adopting Resolution No. R-22-2018, Approving and Authorizing a Class B Liquor Licensefor Bond Drug Company of Illinois, LLC d/b/a Walgreens #21150.

1) Resolution No. R-22-2018

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April 17, 2018 R-22-2018

RESOLUTION NO. R-22-2018

A RESOLUTION APPROVING AND AUTHORIZING A CLASS B LIQUOR LICENSE FOR

BOND DRUG COMPANY OF ILLINOIS, LLC D/B/A WALGREENS #21150 (925 Green Bay Road)

WHEREAS, the Village of Winnetka (“Village”) is a home rule municipality in

accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and WHEREAS, Bond Drug Company of Illinois, LLC, doing business as Walgreens

#21150 (“Applicant”), is the lessee of the property commonly known as 925 Green Bay Road in the Village (“Property”); and

WHEREAS, the Applicant desires to operate a retail store that qualifies as a pharmacy

establishment pursuant to Sections 5.09.010 and 5.09.100 of the Winnetka Village Code on the Property known as Walgreens #21150 (“Retail Store”); and

WHEREAS, pursuant to Section 5.09.100 of the Winnetka Village Code, on December

13, 2017, the Applicant submitted an application to the Village for a Class B liquor license for the Retail Store (“Liquor License”); and

WHEREAS, the Council of the Village of Winnetka (“Village Council”) has determined

that it is in the best interest of the Village to approve and authorize the issuance of the Liquor License to the Applicant for the Retail Store;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Winnetka, Cook County, Illinois, as follows:

SECTION 1: RECITALS. The Village Council hereby adopts the foregoing recitals as its findings, as if fully set forth herein. SECTION 2: APPROVAL AND AUTHORIZATION OF LIQUOR LICENSE. The Village Council hereby approves and authorizes the issuance of the Liquor License to the Applicant for the Retail Store. SECTION 3: AMENDMENT TO AUTHORIZED LIQUOR LICENSES. Pursuant to Section 5.09.030 of the Village Code, the Village Council hereby amends the Appendix to Winnetka Village Code Chapter 5.09 to read as set forth in Exhibit A attached hereto and, by this reference, made a part of this Resolution. SECTION 4: EFFECTIVE DATE. This Resolution will be in full force and effect from and after

A. Its passage and approval according to law;

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April 17, 2018 R-22-2018

B. Approval of final inspection of the Retail Store by the Village Chief of Police, or his designee;

C. The issuance by the Village of a final certificate of occupancy for the Retail Store

on the Property; and D. Completion of a criminal background check on the Applicant by the Village Chief

of Police, or his designee. ADOPTED this 17th day April, 2018, pursuant to the following roll call vote: AYES: ____________________________________________________________ NAYS: ____________________________________________________________ ABSENT: ____________________________________________________________ ABSTAIN: ____________________________________________________________ Signed ____________________________________ Village President Countersigned: _______________________________________ Village Clerk

Agenda Packet P. 15

April 17, 2018 R-22-2018

EXHIBIT A

APPENDIX TO WINNETKA VILLAGE CODE CHAPTER 5.09

Authorized Liquor Licenses

Classification Issued Licensee

A 4 Kyoto Michael Little Lan’s Café Aroma

A-1 6 Avli Restaurant Little Ricky’s Bad Dog House, LLC (Stacked and Folded) Trifecta Grill/The 21 Club Fred’s Garage, LLC Mino’s, LLC

A-2 1 Grateful Bites Pizza Shoppe, LLC

A-3 0

A-4 0

A-5 0

B 23 Grand Food Center A1. Koh Enterprise Global LLC, (Lakeside Foods) Walgreens #21150

C Unlimited Issued on an event-by-event basis

D 1 Good Grapes

E 0

E-1 0

E-2 1 Good Grapes

F 0

P 1 Winnetka Park District

Wine Station Rider 1 Trifecta Grill/The 21 Club

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Title:

Presenter:



Item History:

Executive Summary:

Recommendation:

Attachments:

Resolution No. R-26-2018: Pavement Rejuvenation Multi-Year Contract (Adoption)

James J. Bernahl, Assistant. Director of Public Works/Engineering

04/17/2018

✔

✔

✔

2018 Budgeted Item

As part of the Village's commitment to maintaining and preserving local roads, in 2016 the Public WorksDepartment began experimenting with the application of pavement rejuvenation agents. This aids in thepreservation and extension of the useful life of roadways. The pavement rejuvenation product being usedby the Village is named Reclamite; it is also being used by the Winnetka Park District on its parking lots,and extensively in Northern Illinois.

The Village of Winnetka, on behalf of the Municipal Partnering Initiative, on March 22, 2018, acceptedbids relating to the application of the pavement rejuvenation agent. This multi-year contract will consistof furnishing all labor, material and equipment necessary to perform all operations for the application theagent for a three-year period. Each community will enter into a separate mulit-year agreement with thechosen firm, Corrective Asphalt Material, LLC (CAM). The Village has worked with CAM over thepast two years and the contractor has done a good job with the application process.

The Village has an annual budget allocation of $25,000 for pavement preservation services. Thismulti-year contract will continue those services with CAM for a three-year period, not to exceed theannual budgeted amount.

Consider adopting Resolution No. R-26-2018, awarding a multiyear contract to Corrective AsphaltMaterials, LLC of Sugar Grove, IL, for the placement of "Reclamite" pavement products for a totalthree-year not-to-exceed amount of $75,000.

- Resolution No. R-26-2018- Copy of Contract with Corrective Asphalt Materials

Agenda Packet P. 17

April 17, 2018 R-26-2018


A RESOLUTION APPROVING A CONTRACT WITH CORRECTIVE ASPHALT, LLC FOR

PAVEMENT REJUVENATION WORK

WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the Village of Winnetka (“Village”) to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and

WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and the Illinois

Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorize and encourage intergovernmental cooperation; and

WHEREAS, the Village has appropriated funds for pavement preservation services for the Village’s roadways (“Work”); and

WHEREAS, the Village, together with members of the Municipal Partnering Initiative

(collectively, the “Municipalities”) jointly requested bids for performance of the Work within each Municipalities’ respective corporate boundaries; and

WHEREAS, the Municipalities received 1 bid for the Work and opened the bids on

March 22, 2018; and WHEREAS, pursuant to Chapter 4.12 of the Village Code and the Village’s purchasing

manual, the Village Council has determined that Corrective Asphalt Material, LLC of Sugar Grove, Illinois (“Contractor”), is the lowest responsive and responsible bidder for the Work; and

WHEREAS, the Village Council desires to enter into a three-year contract with

Contractor for the performance of the Work within the Village’s corporate boundaries (“Contract”) in an amount not to exceed $25,000 per year, and $75,000 total during the term of the Contract; and

WHEREAS, the Village Council has determined that it is in the best interests of the Village and its residents to enter into the Contract with Contractor;

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Village of Winnetka, Cook County, Illinois, as follows:

SECTION 1: RECITALS. The Village Council hereby adopts the foregoing recitals as

its findings, as if fully set forth herein. SECTION 2: APPROVAL OF CONTRACT. The Village Council hereby approves

the Contract in substantially the form attached to this Resolution as Exhibit A and in a final form approved by the Village Attorney.

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April 17, 2018 R-26-2018

SECTION 3: AUTHORIZATION TO EXECUTE CONTRACT. The Village Council hereby authorizes and directs the Village President and the Village Clerk to execute and attest, respectively, on behalf of the Village, the final Contract.

SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect

from and after its passage and approval according to law.

ADOPTED this 17th day of April, 2018, pursuant to the following roll call vote: AYES: ____________________________________________________________ NAYS: ____________________________________________________________ ABSENT: ____________________________________________________________ ABSTAIN: ____________________________________________________________ Signed ____________________________________ Village President Countersigned: _______________________________________ Village Clerk

Agenda Packet P. 19

EXHIBIT A

CONTRACT

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VILLAGE OF WINNETKA

CONTRACT FOR

PAVEMENT REJUVENATION

Contract Number: [ RFB #018-008 ]

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VILLAGE OF WINNETKA

CONTRACT FOR



TABLE OF CONTENTS

Page

ARTICLE I The Work ................................................................................................... 1

1.1 Performance of the Work ............................................................................ 1

1.2 Commencement and Completion Dates ...................................................... 2

1.3 Required Submittals .................................................................................... 2

1.4 Review and Interpretation of Contract Provisions ...................................... 3

1.5 Conditions at the Work Site; Record Documents/Drawings ....................... 3

1.6 Technical Ability to Perform ....................................................................... 4

1.7 Financial Ability to Perform ........................................................................ 4

1.8 Time ............................................................................................................. 4

1.9 Safety at the Work Site ................................................................................ 4

1.10 Cleanliness of the Work Site and Environs ................................................. 5

1.11 Damage to the Work, the Work Site, and Other Property ........................... 5

1.12 Subcontractors and Suppliers ...................................................................... 5

1.13 Simultaneous Work By Others .................................................................... 6

1.14 Occupancy Prior to Final Payment .............................................................. 6

1.15 Owner’s Right to Terminate or Suspend Work for Convenience ............... 6

ARTICLE II Changes And Delays .................................................................................. 7

2.1 Changes ....................................................................................................... 7

2.2 Delays .......................................................................................................... 7

ARTICLE III Contractor’s Responsibility For Defective Work ................................... 7

3.1 Inspection; Testing; Correction of Defects .................................................. 7

3.2 Warranty of Work ........................................................................................ 8

3.3 Owner’s Right to Correct ............................................................................ 8

ARTICLE IV Financial Assurances ................................................................................. 9

4.1 Bonds ........................................................................................................... 9

4.2 Insurance ...................................................................................................... 9

4.3 Indemnification ............................................................................................ 9

ARTICLE V Payment .................................................................................................... 10

5.1 Contract Price ............................................................................................ 10

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5.2 Taxes and Benefits .................................................................................... 10

5.3 Progress Payments ..................................................................................... 10

5.4 Final Acceptance and Final Payment ........................................................ 10

5.5 Liens .......................................................................................................... 11

5.6 Deductions ................................................................................................. 12

ARTICLE VI Disputes And Remedies ........................................................................... 13

6.1 Dispute Resolution Procedure ................................................................... 13

6.2 Contractor’s Remedies .............................................................................. 13

6.3 Owner’s Remedies ..................................................................................... 13

6.4 Owner’s Special Remedy for Delay .......................................................... 15

6.5 Terminations and Suspensions Deemed for Convenience ........................ 15

ARTICLE VII Legal Relationships And Requirements ................................................ 15

7.1 Binding Effect ........................................................................................... 15

7.2 Relationship of the Parties ......................................................................... 15

7.3 No Collusion/Prohibited Interests ............................................................. 15

7.4 Assignment ................................................................................................ 16

7.5 Confidential Information ........................................................................... 16

7.6 No Waiver ................................................................................................. 16

7.7 No Third Party Beneficiaries ..................................................................... 17

7.8 Notices ....................................................................................................... 17

7.9 Governing Laws ........................................................................................ 17

7.10 Changes in Laws ........................................................................................ 17

7.11 Compliance with Laws .............................................................................. 18

7.12 Compliance with Patents ........................................................................... 19

7.13 Time ........................................................................................................... 19

7.14 Severability ................................................................................................ 19

7.15 Entire Agreement ....................................................................................... 19

7.16 Amendments .............................................................................................. 20

Contractor’s Certification

Attachment A: Supplemental Schedule of Contract Terms

Attachment B: Specifications

Attachment C: Prevailing Wage Ordinance

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VILLAGE OF WINNETKA

CONTRACT FOR



In consideration of the mutual promises set forth below, the Village of Winnetka, 510

Green Bay Road, Winnetka, IL 60093, an Illinois municipal corporation (“Owner”), and

Corrective Asphalt Materials, LLC, 43W630 Wheeler Road, Sugar Grove, IL 60554 a

limited liability company (“Contractor”), make this Contract as of _____________, 20____,

(the “Effective Date”) and hereby agree as follows:

ARTICLE I: THE WORK

1.1 Performance of the Work

Contractor, at its sole cost and expense, must provide, perform, and complete all of the

following, all of which is herein referred to as the “Work”:

1. Labor, Equipment, Materials, and Supplies. Provide, perform, and complete,

in the manner described and specified in this Contract, all necessary work,

labor, services, transportation, equipment, materials, apparatus, machinery,

tools, fuels, gas, electric, water, waste disposal, information, data, and other

means and items necessary to accomplish the Project at the Work Site, both as

defined in Attachment A, in accordance with the specifications attached hereto

as Attachment B, the Photographs identified in the list attached hereto as

Attachment C.

2. Permits. Except as otherwise provided in Attachment A, procure and furnish

all permits, licenses, and other governmental approvals and authorizations

necessary in connection therewith.

3. Bonds and Insurance. Procure and furnish all Bonds and all certificates and

policies of insurance specified in this Contract.

4. Taxes. Pay all applicable federal, state, and local taxes.

5. Miscellaneous. Do all other things required of Contractor by this Contract,

including without limitation arranging for utility and other services needed for

the Work and for testing, including the installation of temporary utility lines,

wiring, switches, fixtures, hoses, connections, and meters, and providing

sufficient sanitary conveniences and shelters to accommodate all workers and

all personnel of Owner engaged in the Work.

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6. Quality. Provide, perform, and complete all of the foregoing in a proper and

workmanlike manner, consistent with the highest standards of professional and

construction practices and in full compliance with, and as required by or

pursuant to, this Contract, and with the greatest economy, efficiency, and

expedition consistent therewith, with only new, undamaged and first quality

equipment, materials, and supplies.

1.2 Commencement and Completion Dates

Contractor must commence the Work not later than the “Commencement Date” set

forth on Attachment A and must diligently and continuously prosecute the Work at such a rate

as will allow the Work to be fully provided, performed, and completed in full compliance

with this Contract not later than the “Completion Date” set forth in Attachment A. The time

of commencement, rate of progress, and time of completion are referred to in this Contract as

the “Contract Time.”

1.3 Required Submittals

A. Submittals Required. Contractor must submit to Owner all documents, data,

and information specifically required to be submitted by Contractor under this Contract and

must, in addition, submit to Owner all such Documents/Drawings, specifications, descriptive

information, and engineering documents, data, and information as may be required, or as may

be requested by Owner, to show the details of the Work, including a complete description of

all equipment, materials, and supplies to be provided under this Contract (“Required

Submittals”). Such details must include, but are not limited to, design data, structural and

operating features, principal dimensions, space required or provided, clearances required or

provided, type and brand of finish, and all similar matters, for all components of the Work.

B. Number and Format. Contractor must provide [three] complete sets for each

Required Submittal. All Required Submittals, except Documents/Drawings, must be prepared

on white 8-1/2” x 11”.

C. Time of Submission and Owner’s Review. All Required Submittals must be

provided to Owner no later than the time, if any, specified in this Contract for their

submission or, if no time for submission is specified, in sufficient time, in Owner’s sole

opinion, to permit Owner to review the same prior to the commencement of the part of the

Work to which they relate and prior to the purchase of any equipment, materials, or supplies

that they describe. Owner will have the right to require such corrections as may be necessary

to make such submittals conform to this Contract. All such submittals will, after final

processing and review with no exception noted by Owner, become a part of this Contract. No

Work related to any submittal may be performed by Contractor until Owner has completed

review of such submittal with no exception noted. Owner’s review and stamping of any

Required Submittal will be for the sole purpose of examining the general management,

design, and details of the proposed Work, does not relieve Contractor of the entire

responsibility for the performance of the Work in full compliance with, and as required by or

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pursuant to this Contract, and may not be regarded as any assumption of risk or liability by

Owner.

D. Responsibility for Delay. Contractor is responsible for any delay in the Work

due to delay in providing Required Submittals conforming to this Contract.

1.4 Review and Interpretation of Contract Provisions

Contractor represents and warrants that it has carefully reviewed this Contract,

including all of its Attachments, and the Documents/Documents/Drawings identified in

Attachment C, all of which are by this reference incorporated into and made a part of this

Contract. Contractor must, at no increase in the Contract Price, provide workmanship,

equipment, materials, and supplies that fully conform to this Contract. Whenever any

equipment, materials or supplies are specified or described in this Contract by using the name

or other identifying feature of a proprietary product or the name or other identifying feature of

a particular manufacturer or vendor, the specific item mentioned is understood as establishing

the type, function and quality desired. Other manufacturers’ or vendors’ products may be

accepted, provided that the products proposed are equivalent in substance and function to

those named as determined by Owner in its sole and absolute discretion.

Contractor must promptly notify Owner of any discrepancy, error, omission,

ambiguity, or conflict among any of the provisions of this Contract before proceeding with

any Work affected thereby. If Contractor fails to give such notice to Owner, then the

subsequent decision of Owner as to which provision of this Contract governs is final, and any

corrective work required does not entitle Contractor to any damages, to any compensation in

excess of the Contract Price, or to any delay or extension of the Contract Time.

When the equipment, materials, or supplies furnished by Contractor cannot be

installed as specified in this Contract, Contractor must, without any increase in the Contract

Price, make all modifications required to properly install the equipment, materials, or

supplies. Any such modification is subject to the prior review and consent of Owner.

1.5 Conditions at the Work Site; Record Documents/Drawings

Contractor represents and warrants that it has had a sufficient opportunity to conduct a

thorough investigation of the Work Site and the surrounding area and has completed such

investigation to its satisfaction. Contractor will have no claim for damages, for compensation

in excess of the Contract Price, or for a delay or extension of the Contract Time based upon

conditions found at, or in the vicinity of, the Work Site. When information pertaining to

subsurface, underground or other concealed conditions, soils analysis, borings, test pits, utility

locations or conditions, buried structures, condition of existing structures, and other

investigations is or has been provided by Owner, or is or has been otherwise made available to

Contractor by Owner, such information is or has been provided or made available solely for

the convenience of Contractor and is not part of this Contract. Owner assumes no

responsibility whatever in respect to the sufficiency or accuracy of such information, and

there is no guaranty or warranty, either expressed or implied, that the conditions indicated are

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representative of those existing throughout the Work or the Work Site, or that the conditions

indicated are representative of those existing at any particular location, or that the conditions

indicated may not change, or that unanticipated conditions may not be present.

Contractor is solely responsible for locating all existing underground installations by

prospecting no later than two workdays prior to any scheduled excavation or trenching,

whichever is earlier. Contractor must check all dimensions, elevations, and quantities

indicated in this Contract within the same time period as set forth above for prospecting

underground installations. Contractor must lay out the Work in accordance with this Contract

and must establish and maintain such locations, lines and levels. Wherever pre-existing work

is encountered, Contractor must verify and be responsible for dimensions and location of such

pre-existing work. Contractor must notify Owner of any discrepancy between the

dimensions, elevations and quantities indicated in this Contract and the conditions of the

Work Site or any other errors, omissions or discrepancies which Contract may discover

during such inspections. Full instructions will be furnished by Owner should such error,

omission, or discrepancy be discovered, and Contractor must carry out such instructions as if

originally specified and without any increase in Contract Price.

Before Final Acceptance of the Work, Contractor must submit to Owner two sets of

Documents/Drawings of Record, unless a greater number is specified elsewhere in this

Contract, indicating al field deviations from Attachment B or the Documents/Drawings

identified in Attachment C.

1.6 Technical Ability to Perform

Contractor represents and warrants that it is sufficiently experienced and competent,

and has the necessary capital, facilities, plant, organization, and staff, to provide, perform and

complete the Work in full compliance with, and as required by or pursuant to, this Contract.

1.7 Financial Ability to Perform

Contractor represents and warrants that it is financially solvent, and Contractor has the

financial resources necessary to provide, perform and complete the Work in full compliance

with, and as required by or pursuant to, this Contract.

1.8 Time

Contractor represents and warrants that it is ready, willing, able and prepared to begin

the Work on the Commencement Date and that the Contract Time is sufficient time to permit

completion of the Work in full compliance with, and as required by or pursuant to, this

Contract for the Contract Price, all with due regard to all natural and man-made conditions

that may affect the Work or the Work Site and all difficulties, hindrances, and delays that may

be incident to the Work.

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1.9 Safety at the Work Site

Contractor is solely and completely responsible for providing and maintaining safe

conditions at the Work Site, including the safety of all persons and property during

performance of the Work. This requirement applies continuously and is not limited to normal

working hours. Contractor must take all safety precautions as necessary to comply with all

applicable laws and to prevent injury to persons and damage to property.

Contractor must conduct all of its operations without interruption or interference with

vehicular and pedestrian traffic on public and private rights-of-way, unless it has obtained

permits therefor from the proper authorities. If any public or private right-of-way are

rendered unsafe by Contractor’s operations, Contractor must make such repairs or provide

such temporary ways or guards as are acceptable to the proper authorities.

1.10 Cleanliness of the Work Site and Environs

Contractor must keep the Work Site and adjacent areas clean at all times during

performance of the Work and must, upon completion of the Work, leave the Work Site and

adjacent areas in a clean and orderly condition.

1.11 Damage to the Work, the Work Site, and Other Property

The Work and everything pertaining thereto is provided, performed, completed, and

maintained at the sole risk and cost of Contractor from the Commencement Date until Final

Payment. Contractor is fully responsible for the protection of all public and private property

and all persons. Without limiting the foregoing, Contractor must, at its own cost and expense,

provide all permanent and temporary shoring, anchoring and bracing required by the nature of

the Work in order to make all parts absolutely stable and rigid, even when such shoring,

anchoring and bracing is not explicitly specified, and support and protect all buildings,

bridges, roadways, conduits, wires, water pipes, gas pipes, sewers, pavements, curbs,

sidewalks, fixtures and landscaping of all kinds and all other public or private property that

may be encountered or endangered in providing, performing and completing the Work.

Contractor will have no claim against Owner because of any damage or loss to the Work or to

Contractor’s equipment, materials, or supplies from any cause whatsoever, including damage

or loss due to simultaneous work by others. Contractor must, promptly and without charge to

Owner, repair or replace, to the satisfaction of Owner, any damage done to, and any loss

suffered by, the Work and any damage done to, and any loss suffered by, the Work Site or

other property as a result of the Work. Notwithstanding any other provision of this Contract,

Contractor’s obligations under this Section exist without regard to, and may not be construed

to be waived by, the availability or unavailability of any insurance, either of Owner or

Contractor, to indemnify, hold harmless, or reimburse Contractor for the cost of any repair or

replacement work required by this Section.

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1.12 Subcontractors and Suppliers

A. Approval and Use of Subcontractors and Suppliers. Contractor must perform

the Work with its own personnel and under the management, supervision, and control of its

own organization unless otherwise approved by Owner in writing. All subcontractors,

suppliers, and subcontracts used by Contractor must be acceptable to, and approved in

advance by, Owner. Owner’s approval of any subcontractor, supplier, and subcontract does

not relieve Contractor of full responsibility and liability for the provision, performance, and

completion of the Work in full compliance with, and as required by or pursuant to, this

Contract. All Work performed under any subcontract is subject to all of the provisions of this

Contract in the same manner as if performed by employees of Contractor. Every reference in

this Contract to “Contractor” is deemed also to refer to all subcontractors and suppliers of

Contractor. Every subcontract must include a provision binding the subcontractor or supplier

to all provisions of this Contract.

B. Removal of Subcontractors and Suppliers. If any subcontractor or supplier

fails to perform the part of the Work undertaken by it in a manner satisfactory to Owner,

Contractor must immediately upon notice from Owner terminate such subcontractor or

supplier. Contractor will have no claim for damages, for compensation in excess of the

Contract Price, or for a delay or extension of the Contract Time as a result of any such

termination.

1.13 Simultaneous Work By Others

Owner has the right to perform or have performed such other work as Owner may

desire in, about, or near the Work Site during the performance of the Work by Contractor.

Contractor must make every reasonable effort to perform the Work in such manner as to

enable both the Work and such other work to be completed without hindrance or interference

from each other. Contractor must afford Owner and other contractors reasonable opportunity

for the execution of such other work and must properly coordinate the Work with such other

work.

1.14 Occupancy Prior to Final Payment

Owner will have the right, at its election, to occupy, use, or place in service any part of

the Work prior to Final Payment. Such occupancy, use, or placement in service must be

conducted in such manner as not to damage any of the Work or to unreasonably interfere with

the progress of the Work. No such occupancy, use, or placement in service may be construed

as an acceptance of any of the Work or a release or satisfaction of Contractor’s duty to insure

and protect the Work, nor may it, unless conducted in an unreasonable manner, be considered

as an interference with Contractor’s provision, performance, or completion of the Work.

1.15 Owner’s Right to Terminate or Suspend Work for Convenience

A. Termination or Suspension for Convenience. Owner has the right, for its

convenience, to terminate or suspend the Work in whole or in part at any time by written

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notice to Contractor. Every such notice must state the extent and effective date of such

termination or suspension. On such effective date, Contractor must, as and to the extent

directed, stop Work under this Contract, cease all placement of further orders or subcontracts,

terminate or suspend Work under existing orders and subcontracts, cancel any outstanding

orders or subcontracts that may be cancelled, and take any action necessary to protect any

property in its possession in which Owner has or may acquire any interest and to dispose of

such property in such manner as may be directed by Owner.

B. Payment for Completed Work. In the event of any termination pursuant to

Subsection 1.15A above, Owner must pay Contractor (1) such direct costs, excluding

overhead, as Contractor has paid or incurred for all Work done in compliance with, and as

required by or pursuant to, this Contract up to the effective date of termination together with

ten percent of such costs for overhead and profit; and (2) such other costs pertaining to the

Work, exclusive of overhead and profit, as Contractor may have reasonably and necessarily

incurred as the result of such termination. Any such payment may be offset by any prior

payment or payments and is subject to Owner’s rights to withhold and deduct as provided in

this Contract.

ARTICLE II: CHANGES AND DELAYS

2.1 Changes

Owner has the right, by written order executed by Owner, to make changes in the

Contract, the Work, the Work Site, and the Contract Time (“Change Order”). If any Change

Order causes an increase or decrease in the amount of the Work, an equitable adjustment in

the Contract Price or Contract Time may be made. All claims by Contractor for an equitable

adjustment in either the Contract Price or the Contract Time must be made within two

business days following receipt of such Change Order, and may, if not made prior to such

time, be conclusively deemed to have been waived. No decrease in the amount of the Work

caused by any Change Order will entitle Contractor to make any claim for damages,

anticipated profits, or other compensation.

2.2 Delays

A. Extensions for Unavoidable Delays. For any delay that may result from causes

that could not be avoided or controlled by Contractor, Contractor must, upon timely written

application, be entitled to issuance of a Change Order providing for an extension of the

Contract Time for a period of time equal to the delay resulting from such unavoidable cause.

No extension of the Contract Time will be allowed for any other delay in completion of the

Work.

B. No Compensation for Delays. No payment, compensation, damages, or

adjustment of any kind, other than the extension of the Contract Time provided in Subsection

2.2A above, may be made to, or claimed by, Contractor because of hindrances or delays from

any cause in the commencement, prosecution, or completion of the Work, whether caused by

Owner or any other party and whether avoidable or unavoidable.

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ARTICLE III: CONTRACTOR’S RESPONSIBILITY

FOR DEFECTIVE WORK

3.1 Inspection; Testing; Correction of Defects

A. Inspection. Until Final Payment, all parts of the Work are subject to inspection

and testing by Owner or its designated representatives. Contractor must furnish, at its own

expense, all reasonable access, assistance, and facilities required by Owner for such

inspection and testing.

B. Re-Inspection. Re-inspection and re-testing of any Work may be ordered by

Owner at any time, and, if so ordered, any covered or closed Work must be uncovered or

opened by Contractor. If the Work is found to be in full compliance with this Contract, then

Owner must pay the cost of uncovering, opening, re-inspecting, or re-testing, as the case may

be. If such Work is not in full compliance with this Contract, then Contractor must pay such

cost.

C. Correction. Until Final Payment, Contractor must, promptly and without

charge, repair, correct, or replace all or any part of the Work that is defective, damaged,

flawed, or unsuitable or that in any way fails to conform strictly to the requirements of this

Contract.

3.2 Warranty of Work

A. Scope of Warranty. Contractor warrants that the Work and all of its

components will be free from defects and flaws in design, workmanship, and materials; must

strictly conform to the requirements of this Contract; and will be fit, sufficient, and suitable

for the purposes expressed in, or reasonably inferred from, this Contract. The warranty herein

expressed is in addition to any other warranties expressed in this Contract, or expressed or

implied by law, which are hereby reserved unto Owner.

B. Repairs; Extension of Warranty. Contractor, promptly and without charge,

must correct any failure to fulfill the above warranty that may be discovered or develop at any

time within one year after Final Payment or such longer period as may be prescribed in

Attachment B to this Contract or by law. The above warranty may be extended automatically

to cover all repaired and replacement parts and labor provided or performed under such

warranty and Contractor’s obligation to correct Work may be extended for a period of one

year from the date of such repair or replacement. The time period established in this

Subsection 3.2B relates only to the specific obligation of Contractor to correct Work and may

not be construed to establish a period of limitation with respect to other obligations that

Contractor has under this Contract.

C. Subcontractor and Supplier Warranties. Whenever Attachment B requires a

subcontractor or supplier to provide a guaranty or warranty, Contractor is solely responsible

for obtaining said guaranty or warranty in form satisfactory to Owner and assigning said

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warranty or guaranty to Owner. Acceptance of any assigned warranties or guaranties by

Owner is a precondition to Final Payment and does not relieve Contractor of any of its

guaranty or warranty obligations under this Contract.

3.3 Owner’s Right to Correct

If, within two business days after Owner gives Contractor notice of any defect,

damage, flaw, unsuitability, nonconformity, or failure to meet warranty subject to correction

by Contractor pursuant to Section 3.1 or Section 3.2 of this Contract, Contractor neglects to

make, or undertake with due diligence to make, the necessary corrections, then Owner is

entitled to make, either with its own forces or with contract forces, the corrections and to

recover from Contractor all resulting costs, expenses, losses, or damages, including attorneys’

fees and administrative expenses.

ARTICLE IV: FINANCIAL ASSURANCES

4.1 Bonds

Contemporaneous with Contractor’s execution of this Contract, Contractor must

provide a Performance Bond and a Labor and Material Payment Bond, on forms provided by,

or otherwise acceptable to, Owner, from a surety company licensed to do business in the State

of Illinois with a general rating of A and a financial size category of Class X or better in

Best’s Insurance Guide, each in the penal sum of the Contract Price (“Bonds”). Contractor, at

all times while providing, performing, or completing the Work, including, without limitation,

at all times while correcting any failure to meet warranty pursuant to Section 3.2 of this

Contract, must maintain and keep in force, at Contractor’s expense, the Bonds required

hereunder.

4.2 Insurance

Contemporaneous with Contractor’s execution of this Contract, Contractor must

provide certificates and policies of insurance evidencing the minimum insurance coverages

and limits set forth in Attachment A. For good cause shown, Owner may extend the time for

submission of the required policies of insurance upon such terms, and with such assurances of

complete and prompt performance, as Owner may impose in the exercise of its sole

discretion. Such policies must be in a form, and from companies, acceptable to Owner. Such

insurance must provide that no change, modification in, or cancellation of any insurance

becomes effective until the expiration of 30 days after written notice thereof has have been

given by the insurance company to Owner. Contractor must, at all times while providing,

performing, or completing the Work, including, without limitation, at all times while

correcting any failure to meet warranty pursuant to Section 3.2 of this Contract, maintain and

keep in force, at Contractor’s expense, the minimum insurance coverages and limits set forth

in Attachment A.

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4.3 Indemnification

Contractor hereby agrees to and will indemnify, save harmless, and defend Owner and

all of it elected officials, officers, employees, attorneys, agents, and representatives against

any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses, including

attorneys’ fees and administrative expenses, that may arise, or be alleged to have arisen, out

of or in connection with Contractor’s performance of, or failure to perform, the Work or any

part thereof, whether or not due or claimed to be due in whole or in part to the active, passive,

or concurrent negligence or fault of Contractor, except to the extent caused solely by the

negligence of Owner.

ARTICLE V: PAYMENT

5.1 Contract Price

Owner must pay to Contractor, in accordance with and subject to the terms and

conditions set forth in this Article V and Attachment A, and Contractor must accept in full

satisfaction for providing, performing, and completing the Work, the amount or amounts set

forth in Attachment A (the “Contract Price”), subject to any additions, deductions, or

withholdings provided for in this Contract.

5.2 Taxes and Benefits

Owner is exempt from and will not be responsible to pay, or reimburse Contractor for,

any state or local sales, use, or excise taxes. The Contract Price includes all other applicable

federal, state, and local taxes of every kind and nature applicable to the Work as well as all

taxes, contributions, and premiums for unemployment insurance, old age or retirement

benefits, pensions, annuities, or other similar benefits. All claim or right to claim additional

compensation by reason of the payment of any such tax, contribution, or premium is hereby

waived and released by Contractor.

5.3 Progress Payments

A. Payment in Installments. The Contract Price must be paid in monthly

installments in the manner set forth in Attachment A (“Progress Payments”).

B. Pay Requests. Contractor must, as a condition precedent to its right to receive

each Progress Payment, submit to Owner a pay request in the form provided by Owner (“Pay

Request”). The first Pay Request must be submitted not sooner than 30 days following

commencement of the Work. Owner may, by written notice to Contractor, designate a

specific day of each month on or before which Pay Requests must be submitted. Each Pay

Request must include (a) Contractor’s certification of the value of, and partial or final waivers

of lien covering, all Work for which payment is then requested and (b) Contractor’s

certification that all prior Progress Payments have been properly applied to the payment or

reimbursement of the costs with respect to which they were paid.

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C. Work Entire. This Contract and the Work are entire and the Work as a whole

is of the essence of this Contract. Notwithstanding any other provision of this Contract, each

and every part of this Contract and of the Work are interdependent and common to one

another and to Owner’s obligation to pay all or any part of the Contract Price or any other

consideration for the Work. Any and all Progress Payments made pursuant to this Article are

provided merely for the convenience of Contractor and for no other purpose.

5.4 Final Acceptance and Final Payment

A. Notice of Completion. When the Work has been completed and is ready in all

respects for acceptance by Owner, Contractor must notify Owner and request a final

inspection (“Notice of Completion”). Contractor’s Notice of Completion must be given

sufficiently in advance of the Completion Date to allow for scheduling of the final inspection

and for completion or correction before the Completion Date of any items identified by such

inspection as being defective, damaged, flawed, unsuitable, nonconforming, incomplete, or

otherwise not in full compliance with, or as required by or pursuant to, this Contract (“Punch

List Work”).

B. Punch List and Final Acceptance. The Work may be finally accepted when,

and only when, the whole and all parts thereof have been completed to the satisfaction of

Owner in full compliance with, and as required by or pursuant to, this Contract. Upon receipt

of Contractor’s Notice of Completion, Owner must make a review of the Work and notify

Contractor in writing of all Punch List Work, if any, to be completed or corrected. Following

Contractor’s completion or correction of all Punch List Work, Owner must make another

review of the Work and prepare and deliver to Contractor either a written notice of additional

Punch List Work to be completed or corrected or a written notice of final acceptance of the

Work (“Final Acceptance”).

C. Final Payment. As soon as practicable after Final Acceptance, Contractor must

submit to Owner a properly completed final Pay Request in the form provided by Owner

(“Final Pay Request”). Owner must pay to Contractor the balance of the Contract Price, after

deducting therefrom all charges against Contractor as provided for in this Contract (“Final

Payment”). Final Payment must be made not later than 60 days after Owner approves the

Final Pay Request. The acceptance by Contractor of Final Payment will operate as a full and

complete release of Owner of and from any and all lawsuits, claims, demands, damages,

liabilities, losses, and expenses of, by, or to Contractor for anything done, furnished for,

arising out of, relating to, or in connection with the Work or for or on account of any act or

neglect of Owner arising out of, relating to, or in connection with the Work.

5.5 Liens

A. Title. Nothing in this Contract may be construed as vesting in Contractor any

right of property in any equipment, materials, supplies, and other items provided under this

Contract after they have been installed in, incorporated into, attached to, or affixed to, the

Work or the Work Site. All such equipment, materials, supplies, and other items will, upon

being so installed, incorporated, attached or affixed, become the property of Owner, but such

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title will not release Contractor from its duty to insure and protect the Work in accordance

with the requirements of this Contract.

B. Waivers of Lien. Contractor must, from time to time at Owner’s request and in

any event prior to Final Payment, furnish to Owner such receipts, releases, affidavits,

certificates, and other evidence as may be necessary to establish, to the reasonable satisfaction

of Owner, that no lien against the Work or the public funds held by Owner exists in favor of

any person whatsoever for or by reason of any equipment, material, supplies, or other item

furnished, labor performed, or other thing done in connection with the Work or this Contract

(“Lien”) and that no right to file any Lien exists in favor of any person whatsoever.

C. Removal of Liens. If at any time any notice of any Lien is filed, then

Contractor must, promptly and without charge, discharge, remove, or otherwise dispose of

such Lien. Until such discharge, removal, or disposition, Owner will have the right to retain

from any money payable hereunder an amount that Owner, in its sole judgment, deems

necessary to satisfy such Lien and to pay the costs and expenses, including attorneys’ fees and

administrative expenses, of any actions brought in connection therewith or by reason thereof.

D. Protection of Owner Only. This Section does not operate to relieve

Contractor’s surety or sureties from any of their obligations under the Bonds, nor may it be

deemed to vest any right, interest, or entitlement in any subcontractor or supplier. Owner’s

retention of funds pursuant to this Section is deemed solely for the protection of its own

interests pending removal of such Liens by Contractor, and Owner will have no obligation to

apply such funds to such removal but may, nevertheless, do so where Owner’s interests would

thereby be served.

5.6 Deductions

A. Owner’s Right to Withhold. Notwithstanding any other provision of this

Contract and without prejudice to any of Owner’s other rights or remedies, Owner will have

the right at any time or times, whether before or after approval of any Pay Request, to deduct

and withhold from any Progress or Final Payment that may be or become due under this

Contract such amount as may reasonably appear necessary to compensate Owner for any

actual or prospective loss due to: (1) Work that is defective, damaged, flawed, unsuitable,

nonconforming, or incomplete; (2) damage for which Contractor is liable under this Contract;

(3) state or local sales, use, or excise taxes from which Owner is exempt; (4) Liens or claims

of Lien regardless of merit; (5) claims of subcontractors, suppliers, or other persons regardless

of merit; (6) delay in the progress or completion of the Work; (7) inability of Contractor to

complete the Work; (8) failure of Contractor to properly complete or document any Pay

Request; (9) any other failure of Contractor to perform any of its obligations under this

Contract; or (10) the cost to Owner, including attorneys’ fees and administrative costs, of

correcting any of the aforesaid matters or exercising any one or more of Owner’s remedies set

forth in Section 6.3 of this Contract.

B. Use of Withheld Funds. Owner is entitled to retain any and all amounts

withheld pursuant to Subsection 5.6A above until Contractor has either performed the

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obligations in question or furnished security for such performance satisfactory to Owner.

Owner is entitled to apply any money withheld or any other money due Contractor under this

Contract to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits,

judgments, awards, attorneys’ fees and administrative expenses incurred, suffered, or

sustained by Owner and chargeable to Contractor under this Contract.

ARTICLE VI: DISPUTES AND REMEDIES

6.1 Dispute Resolution Procedure

A. Notice of Disputes and Objections. If Contractor disputes or objects to any

requirement, direction, instruction, interpretation, determination, or decision of Owner,

Contractor may notify Owner in writing of its dispute or objection and of the amount of any

equitable adjustment to the Contract Price or Contract Time to which Contractor claims it will

be entitled as a result thereof; provided, however, that Contractor must, nevertheless, proceed

without delay to perform the Work as required, directed, instructed, interpreted, determined,

or decided by Owner, without regard to such dispute or objection. Unless Contractor so

notifies Owner within two business days after receipt of such requirement, direction,

instruction, interpretation, determination, or decision, Contractor is conclusively deemed to

have waived all such disputes or objections and all claims based thereon.

B. Negotiation of Disputes and Objections. To avoid and settle without litigation

any such dispute or objection, Owner and Contractor agree to engage in good faith

negotiations. Within three business days after Owner’s receipt of Contractor’s written notice

of dispute or objection, a conference between Owner and Contractor will be held to resolve

the dispute. Within three business days after the end of the conference, Owner must render its

final decision, in writing, to Contractor. If Contractor objects to the final decision of Owner,

then it must, within three business days, give Owner notice thereof and, in such notice, must

state its final demand for settlement of the dispute. Unless Contractor so notifies Owner,

Contractor will be conclusively deemed (1) to have agreed to and accepted Owner’s final

decision and (2) to have waived all claims based on such final decision.

6.2 Contractor’s Remedies

If Owner fails or refuses to satisfy a final demand made by Contractor pursuant to

Section 6.1 of this Contract, or to otherwise resolve the dispute which is the subject of such

demand to the satisfaction of Contractor, within 10 days after receipt of such demand, then

Contractor will be entitled to pursue such remedies, not inconsistent with the provisions of

this Contract, as it may have in law or equity.

6.3 Owner’s Remedies

If it should appear at any time prior to Final Payment that Contractor has failed or

refused to prosecute, or has delayed in the prosecution of, the Work with diligence at a rate

that assures completion of the Work in full compliance with the requirements of this Contract

on or before the Completion Date, or has attempted to assign this Contract or Contractor’s

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rights under this Contract, either in whole or in part, or has falsely made any representation or

warranty in this Contract, or has otherwise failed, refused, or delayed to perform or satisfy

any other requirement of this Contract or has failed to pay its debts as they come due (“Event

of Default”), and has failed to cure any such Event of Default within five business days after

Contractor’s receipt of written notice of such Event of Default, then Owner will have the

right, at its election and without prejudice to any other remedies provided by law or equity, to

pursue any one or more of the following remedies:

1. Owner may require Contractor, within such reasonable time as may be fixed by

Owner, to complete or correct all or any part of the Work that is defective,

damaged, flawed, unsuitable, nonconforming, or incomplete; to remove from

the Work Site any such Work; to accelerate all or any part of the Work; and to

take any or all other action necessary to bring Contractor and the Work into

strict compliance with this Contract.

2. Owner may perform or have performed all Work necessary for the

accomplishment of the results stated in Paragraph 1 above and withhold or

recover from Contractor all the cost and expense, including attorneys’ fees and

administrative costs, incurred by Owner in connection therewith.

3. Owner may accept the defective, damaged, flawed, unsuitable, nonconforming,

incomplete, or dilatory Work or part thereof and make an equitable reduction

in the Contract Price.

4. Owner may terminate this Contract without liability for further payment of

amounts due or to become due under this Contract.

5. Owner may, without terminating this Contract, terminate Contractor’s rights

under this Contract and, for the purpose of completing or correcting the Work,

evict Contractor and take possession of all equipment, materials, supplies,

tools, appliances, plans, specifications, schedules, manuals,

Documents/Drawings, and other papers relating to the Work, whether at the

Work Site or elsewhere, and either complete or correct the Work with its own

forces or contracted forces, all at Contractor’s expense.

6. Upon any termination of this Contract or of Contractor’s rights under this

Contract, and at Owner’s option exercised in writing, any or all subcontracts

and supplier contracts of Contractor will be deemed to be assigned to Owner

without any further action being required, but Owner may not thereby assume

any obligation for payments due under such subcontracts and supplier

contracts for any Work provided or performed prior to such assignment.

7. Owner may withhold from any Progress Payment or Final Payment, whether or

not previously approved, or may recover from Contractor, any and all costs,

including attorneys’ fees and administrative expenses, incurred by Owner as

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the result of any Event of Default or as a result of actions taken by Owner in

response to any Event of Default.

8. Owner may recover any damages suffered by Owner.

6.4 Owner’s Additional Remedy for Delay

If the Work is not completed by Contractor, in full compliance with, and as required

by or pursuant to, this Contract, within the Contract Time as such time may be extended by

Change Order, then Owner may invoke its remedies under Section 6.3 of this Contract or

may, in the exercise of its sole and absolute discretion, permit Contractor to complete the

Work but charge to Contractor, and deduct from any Progress or Final Payments, whether or

not previously approved, administrative expenses and costs for each day completion of the

Work is delayed beyond the Completion Date, computed on the basis of the “Per Diem

Administrative Charge” set forth in Attachment A, as well as any additional damages caused

by such delay.

6.5 Terminations and Suspensions Deemed for Convenience

Any termination or suspension of Contractor’s rights under this Contract for an

alleged default that is ultimately held unjustified will automatically be deemed to be a

termination or suspension for the convenience of Owner under Section 1.15 of this Contract.

ARTICLE VII: LEGAL RELATIONSHIPS

AND REQUIREMENTS

7.1 Binding Effect

This Contract is binding on Owner and Contractor and on their respective heirs,

executors, administrators, personal representatives, and permitted successors and assigns.

Every reference in this Contract to a party is deemed to be a reference to the authorized

officers, employees, agents, and representatives of such party.

7.2 Relationship of the Parties

Contractor will act as an independent Contractor in providing and performing the

Work. Nothing in, nor done pursuant to, this Contract may be construed (1) to create the

relationship of principal and agent, partners, or joint venturers between Owner and Contractor

or (2) except as provided in Paragraph 6.3(6) above, to create any relationship between Owner

and any subcontractor or supplier of Contractor.

7.3 No Collusion/Prohibited Interests

Contractor hereby represents that the only persons, firms, or corporations interested in

this Contract as principals are those disclosed to Owner prior to the execution of this Contract,

and that this Contract is made without collusion with any other person, firm, or corporation.

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If at any time it is found that Contractor has, in procuring this Contract, colluded with any

other person, firm, or corporation, then Contractor will be liable to Owner for all loss or

damage that Owner may suffer thereby, and this Contract will, at Owner’s option, be null and

void.

Contractor hereby represents and warrants that neither Contractor nor any person

affiliated with Contractor or that has an economic interest in Contractor or that has or will

have an interest in the Work or will participate, in any manner whatsoever, in the Work is

acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by

the United States Treasury Department as a Specially Designated National and Blocked

Person, or for or on behalf of any person, group, entity or nation designated in Presidential

Executive Order 13224 as a person who commits, threatens to commit, or supports terrorism,

and neither Contractor nor any person affiliated with Contractor or that has an economic

interest in Contractor or that has or will have an interest in the Work or will participate, in any

manner whatsoever, in the Work is, directly or indirectly, engaged in, or facilitating, the Work

on behalf of any such person, group, entity or nation.

7.4 Assignment

Contractor may not (1) assign this Contract in whole or in part, (2) assign any of

Contractor’s rights or obligations under this Contract, or (3) assign any payment due or to

become due under this Contract without the prior express written approval of Owner, which

approval may be withheld in the sole and unfettered discretion of Owner; provided, however,

that Owner’s prior written approval will not be required for assignments of accounts, as

defined in the Illinois Commercial Code, if to do so would violate Section 9-318 of the

Illinois Commercial Code, 810 ILCS 5/9-318. Owner may assign this Contract, in whole or

in part, or any or all of its rights or obligations under this Contract, without the consent of

Contractor.

7.5 Confidential Information

All information supplied by Owner to Contractor for or in connection with this

Contract or the Work must be held confidential by Contractor and may not, without the prior

express written consent of Owner, be used for any purpose other than performance of the

Work.

7.6 No Waiver

No examination, inspection, investigation, test, measurement, review, determination,

decision, certificate, or approval by Owner, nor any order by Owner for the payment of

money, nor any payment for, or use, occupancy, possession, or acceptance of, the whole or

any part of the Work by Owner, nor any extension of time granted by Owner, nor any delay

by Owner in exercising any right under this Contract, nor any other act or omission of Owner

may constitute or be deemed to be an acceptance of any defective, damaged, flawed,

unsuitable, nonconforming or incomplete Work, equipment, materials, or supplies, nor

operate to waive or otherwise diminish the effect of any warranty or representation made by

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Contractor; or of any requirement or provision of this Contract; or of any remedy, power, or

right of Owner.

7.7 No Third Party Beneficiaries

No claim as a third party beneficiary under this Contract by any person, firm, or

corporation other than Contractor may be made or be valid against Owner.

7.8 Notices

All notices required or permitted to be given under this Contract must be in writing

and are deemed received by the addressee thereof when delivered in person on a business day

at the address set forth below or on the third business day after being deposited in any main or

branch United States post office, for delivery at the address set forth below by properly

addressed, postage prepaid, certified or registered mail, return receipt requested.

Notices and communications to Owner must be addressed to, and delivered at, the

following address:

with a copy to:

Village of Winnetka Holland & Knight LLP

510 Green Bay Road 131 South Dearborn Street, 30th Floor

Winnetka, IL 60093 Chicago, Illinois 60603

Attention: Village Manager Attention: Village Attorney, Winnetka

Notices and communications to Contractor must be addressed to, and delivered at, the

following address:

with a copy to:

Corrective Asphalt Materials

43W630 Wheeler Road

Sugar Grove, IL 60554

The foregoing may not be deemed to preclude the use of other non-oral means of

notification or to invalidate any notice properly given by any such other non-oral means.

By notice complying with the requirements of this Section, Owner and Contractor

each have the right to change the address or addressee or both for all future notices to it, but

no notice of a change of address is effective until actually received.

7.9 Governing Laws

This Contract and the rights of Owner and Contractor under this Contract will be

interpreted according to the internal laws, but not the conflict of laws rules, of the State of

Illinois.

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7.10 Changes in Laws

Unless otherwise explicitly provided in this Contract, any reference to laws includes

such laws as they may be amended or modified from time to time.

7.11 Compliance with Laws

A. Compliance Required. Contractor must give all notices, pay all fees, and take

all other action that may be necessary to ensure that the Work is provided, performed, and

completed in accordance with all required governmental permits, licenses or other approvals

and authorizations that may be required in connection with providing, performing, and

completing the Work, and with all applicable statutes, ordinances, rules, and regulations,

including without limitation the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et seq. (see

Subsection C of this Section) (a copy of Owner’s ordinance ascertaining the prevailing rate of

wages, in effect as of the date of this Contract, has been attached as an Appendix to this

Contract; if the Illinois Department of Labor revises the prevailing rate of hourly wages to be

paid, the revised rate applies to this Contract); any other applicable prevailing wage laws; the

Fair Labor Standards Act; any statutes regarding qualification to do business; any statutes

requiring preference to laborers of specified classes; the Illinois Steel Products Procurement

Act, 30 ILCS 565/1 et seq.; any statutes prohibiting discrimination because of, or requiring

affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited

classification, including, without limitation, the Americans with Disabilities Act of 1990, 42

U.S.C. §§ 12101 et seq., the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq., and the

Public Works Discrimination Act, 775 ILCS 10/0.01 et seq.; and any statutes regarding safety

or the performance of the Work, including the Illinois Underground Utility Facilities Damage

Prevention Act, 220 ILCS 50/1 et seq., and the Occupational Safety and Health Act of 1970,

29 U.S.C. §§ 651 et seq.

B. Liability for Fines, Penalties. Contractor is solely liable for any fines or civil

penalties that are imposed by any governmental or quasi-governmental agency or body that

may arise, or be alleged to have arisen, out of or in connection with Contractor’s, or its

subcontractors’ or suppliers’, performance of, or failure to perform, the Work or any part

thereof.

C. Prevailing Wage Act. Contractor and each subcontractor, in order to comply

with the Prevailing Wage Act, 820 ILCS 130/0.01 et seq. (the “Act”), must submit to the

Village a certified payroll on a monthly basis, in accordance with Section 5 of the Act. The

certified payroll must consist of a complete copy of those records required to be made and

kept by the Act. The certified payroll must be accompanied by a statement signed by the

Contractor or subcontractor that certifies that (1) such records are true and accurate, (2) the

hourly rate paid is not less than the general prevailing rate of hourly wages required by the

Act, and (3) the Contractor or subcontractor is aware that filing a certified payroll that he or

she knows to be false is a Class B misdemeanor. Contractor may rely on the certification of a

subcontractor, provided that Contractor does not knowingly rely on a subcontractor’s false

certification. On two business days’ notice, Contractor and each subcontractor must make

available for inspection the records required to be made and kept by the Act (i) to the Village

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and its officers and agents and to the Director of the Illinois Department of Labor and his or

her deputies and agents and (ii) at all reasonable hours at a location within the State.

D. Required Provisions Deemed Inserted. Every provision of law required by law

to be inserted into this Contract is deemed to be inserted herein.

7.12 Compliance with Patents

A. Assumption of Costs, Royalties, and Fees. Contractor will pay or cause to be

paid all costs, royalties, and fees arising from the use on, or the incorporation into, the Work,

of patented equipment, materials, supplies, tools, appliances, devices, processes, or

inventions.

B. Effect of Contractor Being Enjoined. Should Contractor be enjoined from

furnishing or using any equipment, materials, supplies, tools, appliances, devices, processes,

or inventions supplied or required to be supplied or used under this Contract, Contractor must

promptly offer substitute equipment, materials, supplies, tools, appliances, devices, processes,

or inventions in lieu thereof, of equal efficiency, quality, suitability, and market value, for

review by Owner. If Owner should disapprove the offered substitutes and should elect, in lieu

of a substitution, to have supplied, and to retain and use, any such equipment, materials,

supplies, tools, appliances, devices, processes, or inventions as may by this Contract be

required to be supplied, Contractor must pay such royalties and secure such valid licenses as

may be requisite and necessary for Owner to use such equipment, materials, supplies, tools,

appliances, devices, processes, or inventions without being disturbed or in any way interfered

with by any proceeding in law or equity on account thereof. Should Contractor neglect or

refuse to make any approved substitution promptly, or to pay such royalties and secure such

licenses as may be necessary, then Owner will have the right to make such substitution, or

Owner may pay such royalties and secure such licenses and charge the cost thereof against

any money due Contractor from Owner or recover the amount thereof from Contractor and its

surety or sureties notwithstanding that Final Payment may have been made.

7.13 Time

The Contract Time is of the essence of this Contract. Except where otherwise stated,

references in this Contract to days is construed to refer to calendar days.

7.14 Severability

The provisions of this Contract will be interpreted when possible to sustain their

legality and enforceability as a whole. In the event any provision of this Contract is held

invalid, illegal, or unenforceable by a court of competent jurisdiction, in whole or in part,

neither the validity of the remaining part of such provision, nor the validity of any other

provisions of this Contract will be in any way affected thereby.

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7.15 Entire Agreement

This Contract sets forth the entire agreement of Owner and Contractor with respect to

the accomplishment of the Work and the payment of the Contract Price therefor, and there are

no other understandings or agreements, oral or written, between Owner and Contractor with

respect to the Work and the compensation therefor.

7.16 Amendments

No modification, addition, deletion, revision, alteration or other change to this

Contract is effective unless and until such change is reduced to writing and executed and

delivered by Owner and Contractor.

IN WITNESS WHEREOF, Owner and Contractor have caused this Contract to be

executed by their properly authorized representatives in two original counterparts as of the

Effective Date.

Village of Winnetka

By: _________________________________

Name: _________________________________

Title: _________________________________

Attest:

By: _________________________________

Name: _________________________________

Title: _________________________________

Corrective Asphalt Materials, LLC

By: _________________________________

Name: _________________________________

Title: _________________________________

Attest:

By: _________________________________

Name: _________________________________

Title: _________________________________

Agenda Packet P. 43

STATE OF ILLINOIS )

) SS

COUNTY OF __________ )

CONTRACTOR’S CERTIFICATION

[contractor’s executing officer], being first duly sworn on oath, deposes and states

that all statements herein made are made on behalf of Contractor, that this deponent is

authorized to make them, and that the statements contained herein are true and correct.

Contractor deposes, states, and certifies that Contractor is not barred from contracting

with a unit of state or local government as a result of (i) a violation of either Section 33E-3 or

Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq.; or (ii)

a violation of the USA Patriot Act of 2001, 107 Public Law 56 (October 26, 2001) (the

“Patriot Act”) or other statutes, orders, rules, and regulations of the United States government

and its various executive departments, agencies and offices related to the subject matter of the

Patriot Act, including, but not limited to, Executive Order 13224 effective September 24,

2001.

DATED: ____________________, 20___.

Corrective Asphalt Materials, LCC

By: _________________________________

Name: _________________________________

Title: _________________________________

Attest:

By: _________________________________

Name: _________________________________

Title: _________________________________

Subscribed and Sworn to before me on ____________________, 20___.

My Commission expires: __________________

____________________________

Notary Public

(SEAL)

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VILLAGE OF WINNETKA

CONTRACT FOR


ATTACHMENT A

SUPPLEMENTAL SCHEDULE OF CONTRACT TERMS

1. Project:

Contract is generally described as follows:

The application of pavement rejuvenation agents. This work shall consist of furnishing

all labor, material and equipment necessary to perform all operations for the

application of an Emulsified Maltene-Based Asphalt Rejuvenating agent to bituminous

asphaltic concrete surface courses. The rejuvenation of surface courses shall be by

spray application of a cationic Maltene-Based Rejuvenating Agent composed of

petroleum oils and resins emulsified with water. The base used for the emulsion shall

be naphthenic.

2. Work Site:

Various locations within the Village of Winnetka, Illinois.

3. Commencement Date:

30 days after execution of the Contract by Owner.

4. Completion Date:

The work shall be scheduled and performed no later than October 1, 2018.

5. Insurance Coverage:

A. Worker’s Compensation and Employer’s Liability with limits not less than:

(1) Worker’s Compensation: Statutory;

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(2) Employer’s Liability: $1,000,000 injury-per occurrence; $1,000,000

disease-per employee; $1,000,000 disease-policy limit

Such insurance must evidence that coverage applies in the State of Illinois.

B. Comprehensive Motor Vehicle Liability with a combined single limit of

liability for bodily injury and property damage of not less than $2,000,000 for

vehicles owned, non-owned, or rented.

All employees must be included as insureds.

C. Comprehensive General Liability with coverage written on an “occurrence”

basis and with limits no less than:

(1) General Aggregate: $5,000,000. See Subsection F below regarding

use of umbrella overage.

(2) Bodily Injury: $2,000,000 per person; $2,000,000 per occurrence

(3) Property Damage: $2,000,000 per occurrence and $5,000,000

aggregate.

Coverage must include:

- Premises / Operations

- Products / Completed Operations (to be maintained for two years after

Final Payment)

- Independent Contractors

- Personal Injury (with Employment Exclusion deleted)

- Broad Form Property Damage Endorsement

- Blanket Contractual Liability (must expressly cover the indemnity

provisions of the Contract)

- Bodily Injury and Property Damage

“X”, “C”, and “U” exclusions must be deleted.

Railroad exclusions must be deleted if Work Site is within 50 feet of any

railroad track.

All employees must be included as insured.

D. Umbrella Policy. The required coverage may be in the form of an umbrella

policy above $2,000,000 primary coverage. All umbrella policies must

provide excess coverage over underlying insurance on a following-form basis

so that, when any loss covered by the primary policy exceeds the limits under

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the primary policy, the excess or umbrella policy becomes effective to cover

that loss.

8. Contract Price:

SCHEDULE OF PRICES

A. Unit Price Contract

Option 1: Turn Key Application - Contractor handles all responsibilities

below:

1. Furnish and apply Reclamite

2. Furnish and apply lime screenings

3. All Traffic control and signs related to project

4. Handle any complaints or issues that may arise from application

5. Resident notification

6. Pre-street sweeping, if field conditions require

7. Post street sweeping/material disposal

Amount (Square Yards) Price/SY

Less than or equal to 19,999 SY $0.91

20,000 SY – 74,999 SY $0.83

Greater than or equal to 75,000 SY $0.81

Option 2: CONTRACTOR Handles items 1,2,3,4 & Agency handles items

5,6,7

Amount (Square Yards) Price/SY

Less than or equal to 19,999 SY $0.84

20,000 SY – 74,999 SY $0.79

Greater than or equal to 75,000 SY $0.77

B. Any items of Work not specifically listed or referred to in the Schedule of

Prices, or not specifically included for payment under any Unit Price Item,

shall be deemed incidental to the Contract Price, shall not be measured for

payment, and shall not be paid for separately except as incidental to the

Contract Price, including without limitation extraordinary equipment repair,

the cost of transportation, packing, cartage, and containers, the cost of

preparing schedules and submittals, the cost or rental of small tools or

buildings, the cost of utilities and sanitary conveniences, and any portion of the

time of Bidder, its superintendents, or its office and engineering staff.

9. Progress Payments:

A. General. Owner must pay to Contractor 90 percent of the Value of Work,

determined in the manner set forth below, installed and complete in place up to

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the day before the Pay Request, less the aggregate of all previous Progress

Payments. The total amount of Progress Payments made prior to Final

Acceptance by Owner may not exceed 90 percent of the Contract Price.

B. Value of Work. The Value of the Work will be determined as follows:

(1) Lump Sum Items. For all Work to be paid on a lump sum basis,

Contractor must, not later than 10 days after execution of the Contract

and before submitting its first Pay Request, submit to Owner a schedule

showing the value of each component part of such Work in form and

with substantiating data acceptable to Owner (“Breakdown Schedule”).

The sum of the items listed in the Breakdown Schedule must equal the

amount or amounts set forth in the Schedule of Prices for Lump Sum

Work. An unbalanced Breakdown Schedule providing for overpayment

of Contractor on component parts of the Work to be performed first

will not be accepted. The Breakdown Schedule must be revised and

resubmitted until acceptable to Owner. No payment may be made for

any lump sum item until Contractor has submitted, and Owner has

approved, an acceptable Breakdown Schedule.

Owner may require that the approved Breakdown Schedule be revised

based on developments occurring during the provision and performance

of the Work. If Contractor fails to submit a revised Breakdown

Schedule that is acceptable to Owner, Owner will have the right either

to suspend Progress and Final Payments for Lump Sum Work or to

make such Payments based on Owner’s determination of the value of

the Work completed.

B. Application of Payments. All Progress and Final Payments made by Owner to

Contractor will be applied to the payment or reimbursement of the costs with

respect to which they were paid and will not be applied to or used for any pre-

existing or unrelated debt between Contractor and Owner or between

Contractor and any third party.

10. Per Diem Administrative Charge:

$250.00 per day

11. Standard Specifications:

The Contract includes Owner’s Village Code and Building Codes.

Agenda Packet P. 48

-1-

VILLAGE OF WINNETKA

CONTRACT FOR


ATTACHMENT B

SPECIFICATIONS

Agenda Packet P. 49

ATTACHMENT B

Emulsified Maltene-Based Rejuvenator:

A. General Scope: This work shall consist of furnishing all labor, material and equipment

necessary to perform all operations for the application of an Emulsified Maltene-Based

Asphalt Rejuvenating agent to bituminous asphaltic concrete surface courses. The

rejuvenation of surface courses shall be by spray application of a cationic Maltene-Based

Rejuvenating Agent composed of petroleum oils and resins emulsified with water. The

base used for the emulsion shall be naphthenic. All work shall be in accordance with the

specifications, any applicable drawings, and subject to the terms and conditions of this

contract.

B. Pre-Construction: The CONTRACTOR shall present samples of materials, laboratory

reports, calibration reports, and proof of work experience as required by these

specifications to the Resident Engineer at the pre-construction meeting.

C. Material Specifications: The emulsion will be a naphthenic maltene-based rejuvenating

agent composed of four maltene components (listed below) uniformly emulsified with

water. Each bidder must submit with his bid a certified statement from the asphalt

rejuvenator manufacturer showing that the asphalt rejuvenating emulsion conforms to the

required physical and chemical requirements.

NAPHTHENIC MALTENE-BASED ASPHALT REJUVENATOR SPECIFICATIONS:

Test Method Requirements

Property ASTM Min.

Max.

Viscosity @ 25°C, SFS D244 15

40

D244

Residue, w% (Mod)3 60 65

D244

Miscibility Test (Mod.)2 Pass

Sieve Test, w% D244(Mod.)1 - 0.1

Particle Charge Test D244 Positive

Tests on Distillation Residue:

Flash Point, COC, C D92 196 -

Viscosity@ 60C, C D2170 100 200

Asphaltenes, %w D2006-70 - 1.00

Agenda Packet P. 50

ATTACHMENT B

Maltene Dist. Ratio

(Polar Compounds) + (First D2006-70 0.3 0.6

Acidaffins)

(Saturates) + (Second Acidaffins)

Polar Compounds/Saturates Ratio D2006-70 0.5 -

Asphaltenes, w% D2006-70 - 1.0

Saturated Hydrocarbons, w% D2006-70 21 28

1. Test procedure identical with ASTM D-244 except that distilled water shall be used in

place of two (2) percent sodium oleate solution.

2. Test procedure identical with ASTM D-244 except that .02 Normal Calcium Chloride

solution shall be used in place of distilled water.

3. ASTM D-244 Modified Evaporation Test for percent of residue is made by heating

50 gram sample to 149 C (300 F) until foam ceases, then cool immediately and calculate

results.

D. Material Performance: The rejuvenating agent shall have record of at least two years of

satisfactory service as asphalt rejuvenating agent and in-depth sealer. Satisfactory service

shall be based on the capability of the material to penetrate, replace lost maltene fractions,

and decrease the viscosity and increase the penetration value of the in-place asphalt binder

as follows; the viscosity shall be reduced by a minimum of forty-five (45) percent, the

penetration value shall be increased by a minimum of twenty-five (25) percent. Testing

shall be performed by an independent testing laboratory on extracted asphalt cement from

pavement to a depth of three-eighths inch (3/8”). In addition, the pavement shall be in-

depth sealed to prevent the intrusion of air and water.

The bidder must submit with their bid:

1. Asphalt Rejuvenator product name and descriptive literature. Literature shall be

descriptive and detailed information and shall show it at least meets the material

specifications.

2. A current Material Safety Data Sheet (MSDS) for the material.

3. The manufacturer’s certification that the material proposed for use is in compliance

with these specification requirements.

4. Previous use documentation and test data conclusively demonstrating that the

rejuvenating agent has been used successfully for a period of two years by government

agencies such as Cities, Counties, or DOT’s.

Agenda Packet P. 51

ATTACHMENT B

5. Testing data from a minimum of five projects showing that the asphalt rejuvenating

agent has been proven to perform, as heretofore required, through field testing by an

independent testing laboratory as to the required change in the asphalt binder viscosity

and penetration number.

E. Product Standards: The product "Reclamite"® produced by Tricor Refining, LLC is the

standard for the naphthenic emulsified maltene-based asphalt rejuvenating agent

requirements and the prices quoted on the Bid Sheet Base Bid shall be for one of these

standards.

F. Applicator Experience: The asphalt rejuvenating agent shall be applied by an experienced

applicator of such material. The bidder shall have a minimum of 5 years’ experience in

applying the product proposed for use on municipal streets. The Contractor must submit

with his bid a list of five (5) projects on which he applied said rejuvenator. He shall

indicate the project dates, number of square yards treated in each and the name and phone

number of the manager in charge of each project.

A project superintendent knowledgeable and experienced in application of the asphalt

rejuvenating agent must be present and in control of each day’s work. The bidder shall

submit at the preconstruction meeting a written experience outline of the project

superintendent.

G. Application Temperature and Weather Limitations: The temperature of the asphalt

rejuvenation emulsion, at the time of application shall be as recommended by the

manufacturer. The asphalt rejuvenating agent shall be applied only when the existing

surface to be treated is thoroughly dry. The asphalt rejuvenating agent shall not be applied

when the ambient temperature is below 40 degrees Fahrenheit or when temperatures are

forecasted to fall below 35 degrees Fahrenheit within twenty-four (24) hours of

application. It shall be the discretion of the Resident Engineer to determine when weather

conditions are not appropriate for the application to occur. Contractor shall halt the

application process when so ordered by the Resident Engineer.

H. Handling of Asphalt Rejuvenating Agent: Contents in tank cars or storage tanks shall be

circulated at least forty-five minutes before withdrawing any material for application.

When loading the distributor, the asphalt rejuvenating agent concentrate shall be loaded

first and then the required amount of water shall be added. The water shall be added into

the distributor with enough force to cause agitation and thorough mixing of the two (2)

materials. To prevent foaming, the discharge end of the water hose or pipe shall be kept

below the surface of the material in the distributor which shall be used as a spreader. The

distributor truck will be cleaned of all of its asphalt materials, and washed out to the extent

that no discoloration of the emulsion may be perceptible. Cleanliness of the spreading

equipment shall be subject to inspection and the Contractor shall halt the application

process when so ordered by the Project Manager.

I. Application Equipment: The distributor for spreading the emulsion shall be self-

propelled, and shall have pneumatic tires. The distributor shall be designed and equipped to

Agenda Packet P. 52

ATTACHMENT B

distribute the asphalt rejuvenating agent uniformly on variable widths of surface at readily

determined and controlled rates from 0.05 to 0.5 gallons per square yard of surface, and

with an allowable variation from any specified rate not to exceed five (5) percent of the

specified rate. Distributor equipment shall include full circulation spray bars, pump

tachometer, volume measuring device and a hand hose attachment suitable for application

of the emulsion manually to cover areas inaccessible to the distributor. The distributor shall

be equipped to circulate and agitate the emulsion within the tank. A check of distributor

equipment as well as application rate accuracy and uniformity of distribution shall be made

when directed by the Resident Engineer. The truck used for sanding shall be equipped with

a spreader that allows the sand to be uniformly distributed onto the pavement. The spreader

shall be able to apply % pound to 3 pounds of sand per square yard in a single pass. The

spreader shall be adjustable so as to not broadcast sand onto driveways or tree lawns. Any

wet sand shall be rejected from the job site. Any equipment which is not maintained in full

working order, or is proven inadequate to obtain the results prescribed, shall be repaired or

replaced at the direction of the Resident Engineer.

J. Application of Rejuvenating Agent: The asphalt rejuvenating agent shall be applied by a

distributor truck at the temperature recommended by the manufacturer and at the pressure

required for the proper distribution. The emulsion shall be so applied that uniform

distribution is obtained at all points of the areas to be treated. Distribution shall be

commenced with a running start to insure full rate of spread over the entire area to be

treated. Areas inadvertently missed shall receive additional treatment as may be required

by a hand sprayer application. Application of the asphalt rejuvenating agent shall be on

one-half width of the pavement at a time. When the second half of the surface is treated,

the nozzle nearest the center of the road shall overlap the previous by at least one-half the

width of the nozzle spray. In any event the construction joint of the pavement shall be

treated in both passes of the distributor truck. Before spreading, the asphalt rejuvenating

agent shall be blended with water at the rate of two (2) parts rejuvenating agent to one (1)

part water, by volume or as specified by the manufacturer. The combined mixture of

asphalt rejuvenating agent and water shall be spread at the rate of 0.05 to 0.10 gallons per

square yard, or as approved by the Resident Engineer following field testing. Where more

than one application is to be made, succeeding applications shall be made as soon as

penetration of the preceding application has been completed and approval is granted for

additional applications by the Resident Engineer. Grades or super elevations of surfaces

that may cause excessive runoff in the opinion of the Resident Engineer shall have the

required amounts applied in two (2) or more applications as directed. Said treatment shall

be uniformly applied by a method acceptable to the Resident Engineer. Care should be

taken during all rejuvenator applications to not get excessive material on the curb and

gutter. Additional cleaning may be required if this occurs at the contractor’s expense. After

the rejuvenating emulsion has penetrated, a coating of dry sand shall be applied to the

surface in sufficient amount to protect the traveling public as required by the Resident

Engineer. The Contractor shall furnish a quality inspection report showing the source and

manufacturer of asphalt rejuvenating agent. When directed by the Resident Engineer, the

Contractor shall take representative samples of material for testing.

K. Field Testing: Viscosity and penetration testing shall be done on three different streets

Agenda Packet P. 53

ATTACHMENT B

during the application process. Four (4) cores shall be taken at each location prior to and

approximately 50 days following the application of the maltene-based asphalt rejuvenator.

Core locations will be determined by the Project Manager and core holes shall be filled

with approved mix. The top three-eighths (3/8) inch of each core shall be removed and the

asphalt extracted and recovered using California Test Method 365 (CTM 365). Viscosities

of the recovered asphalt binder shall be determined using a sliding plate microviscometer

(CTM 348). Penetration numbers shall be calculated from a nomograph. The results from

the pre-treatment and the post-treatment cores from each street shall be compared and the

present change in each calculated. The average value of the pre- treatment results and the

post treatment results will be used to determine the final Viscosity and Penetration value.

No compensation will be made for material not meeting specifications. Test indicating

failure to meet the specifications may result in additional tests being required on other

streets. No additional compensation will be made for additional testing. Testing shall be

performed by an independent third party testing laboratory that has experience with the

specified test methods and equipment. Testing shall be coordinated with owner’s materials

testing laboratory and in their presence when cores are extracted or when required by the

Project Manager. The owner reserves the right to extract treated cores 1 year after

rejuvenator application. Viscosity and Penetration values shall be determined using

California Test Method 365 (CTM 365) and compared to the original untreated values.

L. Street Sweeping: The Contractor shall be responsible for sweeping and cleaning of the

streets prior to and after treatment. Prior to treatment, the street will be cleaned of all

standing water, dirt, leaves, foreign materials, etc. This work shall be accomplished by

hand brooming, power blowing or other methods approved by the Resident Engineer. If

hand cleaning is not sufficient, then a self-propelled street sweeper shall be used. All sand

used during the treatment must be removed no later than forty-eight (48) hours after

treatment of the street. This shall be accomplished by a combination of hand and

mechanical sweeping. All turnouts, cul-de-sacs, etc. must be cleaned and free of any

material that would interfere with the treatment. All debris generated by sweeping shall be

picked up and disposed of by the contractor. Street sweeping shall be included in the price

bid per square yard for asphalt rejuvenating agent. If after sand is swept and it is

determined that a hazardous condition exists on the roadway, the Contractor must apply

additional sand and sweep no later than twenty-four (24) hours following reapplication. No

additional compensation will be allowed for reapplications and removal of sand.

M. Traffic Control and Safety: The Contractor shall schedule his operations and carry out

the work in a manner to cause the least disturbance and/or interference with the normal

flow of traffic over the areas to be treated. Treated portions of the pavement surfaces shall

be kept closed and free from traffic until penetration has become complete and the area is

suitable for traffic. Cure time shall be no longer than 90 minutes. When traffic must be

maintained at all times on a particular street, then the Contractor shall apply asphalt

rejuvenating agent to one (1) lane at a time. Traffic shall be maintained in the untreated

lane until the traffic may be switched to the completed lane. Access to adjacent properties

shall be maintained during the application. The Contractor shall be responsible for all

traffic control and signing required to permit safe travel. All signing and barricading of the

work zone shall comply with MUTCD guidelines and IDOT standards. The Contractor

Agenda Packet P. 54

ATTACHMENT B

shall notify the Resident Engineer as to the streets that are to be treated each day. All

support vehicles used shall also have flashing beacons that can be seen from all sides of the

vehicle, for safety considerations for all work on major arterials. If the Contractor fails to

provide the required signing, the Contractor shall stop all operations until safe signing and

barricading is achieved.

N. Spreading of Sand or Screenings:

Sand or screenings shall be furnished by the contractor. The contractor shall furnish

all equipment, tools, labor and incidentals necessary to perform the sanding

operation in accordance with this contract.

Spreading shall consist of applying free flowing sharp sand, FA2 or limestone screenings

to insure even distribution of the sand or screenings to be worked into any voids in

the pavement surface as directed by customer representative. A twin spinner, rubber belt

feed system aggregate distributor shall be used for uniform application. The aggregate

distributor shall apply sand or screenings at a rate of two pounds to four pounds per square

yard.

Aggregate distributor must be able to carry enough aggregate to cover an applied load of

the rejuvenating agent, at least (9) nine tons. Repeated sanding may be required on some

areas of pavement and contractor must be available on an as needed basis to provide the

required sanding.

O. Resident Notification: The contractor shall distribute by hand, a typed notice to all

residences and businesses on the street to be treated. The notice will be delivered no more

than 24 hours prior to the treatment of the road. The notice will have a local phone number

that residents may call to ask questions. The contractor shall also place the notice on the

windshield of any parked cars on the street.

P. Basis of Payment: Asphalt rejuvenating agent shall be measured by the square yard of

material in place and will be paid for at the contract unit price for Maltene Based Asphalt

Rejuvenating Agent per square yard. Prices shall be full compensation for furnishing all

materials, equipment, labor and incidentals to complete the work as specified and required.

Agenda Packet P. 55

VILLAGE OF WINNETKA

CONTRACT FOR


ATTACHMENT C

PREVAILING WAGE ORDINANCE

Agenda Packet P. 56

Agenda Packet P. 57

Agenda Packet P. 58

Agenda Packet P. 59

Agenda Packet P. 60

Prevailing Wage rates

for Cook County

effective Sept. 1, 2017

Trade Title Region Type Class Base

Wage

Fore-

man

Wage

M-F

OT

OSA OSH H/W Pension Vacation Training

ASBESTOS ABT-GEN ALL ALL 41.20 42.20 1.5 1.5 2 14.65 12.32 0.00 0.50

ASBESTOS ABT-MEC ALL BLD 37.46 39.96 1.5 1.5 2 11.62 11.06 0.00 0.72

BOILERMAKER ALL BLD 48.49 52.86 2 2 2 6.97 19.61 0.00 0.90

BRICK MASON ALL BLD 45.38 49.92 1.5 1.5 2 10.45 16.68 0.00 0.90

CARPENTER ALL ALL 46.35 48.35 1.5 1.5 2 11.79 18.87 0.00 0.63

CEMENT MASON ALL ALL 44.25 46.25 2 1.5 2 14.00 17.16 0.00 0.92

CERAMIC TILE FNSHER ALL BLD 38.56 38.56 1.5 1.5 2 10.65 11.18 0.00 0.68

COMM. ELECT. ALL BLD 43.10 45.90 1.5 1.5 2 8.88 13.22 1.00 0.85

ELECTRIC PWR EQMT OP ALL ALL 50.50 55.50 1.5 1.5 2 11.69 16.69 0.00 3.12

ELECTRIC PWR GRNDMAN ALL ALL 39.39 55.50 1.5 1.5 2 9.12 13.02 0.00 2.43

ELECTRIC PWR LINEMAN ALL ALL 50.50 55.50 1.5 1.5 2 11.69 16.69 0.00 3.12

ELECTRICIAN ALL ALL 47.40 50.40 1.5 1.5 2 14.33 16.10 1.00 1.18

ELEVATOR CONSTRUCTOR ALL BLD 51.94 58.43 2 2 2 14.43 14.96 4.16 0.90

FENCE ERECTOR ALL ALL 39.58 41.58 1.5 1.5 2 13.40 13.90 0.00 0.40

GLAZIER ALL BLD 42.45 43.95 1.5 1.5 2 14.04 20.14 0.00 0.94

HT/FROST INSULATOR ALL BLD 50.50 53.00 1.5 1.5 2 12.12 12.96 0.00 0.72

IRON WORKER ALL ALL 47.33 49.33 2 2 2 14.15 22.39 0.00 0.35

LABORER ALL ALL 41.20 41.95 1.5 1.5 2 14.65 12.32 0.00 0.50

LATHER ALL ALL 46.35 48.35 1.5 1.5 2 11.79 18.87 0.00 0.63

MACHINIST ALL BLD 46.35 48.85 1.5 1.5 2 7.05 8.95 1.85 1.32

MARBLE FINISHERS ALL ALL 33.95 33.95 1.5 1.5 2 10.45 15.52 0.00 0.47

MARBLE MASON ALL BLD 44.63 49.09 1.5 1.5 2 10.45 16.28 0.00 0.59

MATERIAL TESTER I ALL ALL 31.20 31.20 1.5 1.5 2 14.65 12.32 0.00 0.50

MATERIALS TESTER II ALL ALL 36.20 36.20 1.5 1.5 2 14.65 12.32 0.00 0.50

MILLWRIGHT ALL ALL 46.35 48.35 1.5 1.5 2 11.79 18.87 0.00 0.63

Agenda Packet P. 61

OPERATING ENGINEER ALL BLD 1 50.10 54.10 2 2 2 18.80 14.35 2.00 1.30







OPERATING ENGINEER ALL FLT 1 55.90 55.90 1.5 1.5 2 18.05 13.60 1.90 1.30






OPERATING ENGINEER ALL HWY 1 48.30 52.30 1.5 1.5 2 18.80 14.35 2.00 1.30







ORNAMNTL IRON

WORKER

ALL ALL 46.75 49.25 2 2 2 13.90 19.79 0.00 0.75

PAINTER ALL ALL 45.55 51.24 1.5 1.5 1.5 11.56 11.44 0.00 1.87

PAINTER SIGNS ALL BLD 37.45 42.05 1.5 1.5 2 2.60 3.18 0.00 0.00

PILEDRIVER ALL ALL 46.35 48.35 1.5 1.5 2 11.79 18.87 0.00 0.63

PIPEFITTER ALL BLD 47.50 50.50 1.5 1.5 2 10.05 17.85 0.00 2.12

PLASTERER ALL BLD 42.75 45.31 1.5 1.5 2 14.00 15.71 0.00 0.89

PLUMBER ALL BLD 49.25 52.20 1.5 1.5 2 14.34 13.35 0.00 1.28

ROOFER ALL BLD 42.30 45.30 1.5 1.5 2 9.08 12.14 0.00 0.58

SHEETMETAL WORKER ALL BLD 43.50 46.98 1.5 1.5 2 11.03 23.43 0.00 0.78

SIGN HANGER ALL BLD 31.31 33.81 1.5 1.5 2 4.85 3.28 0.00 0.00

Agenda Packet P. 62

SPRINKLER FITTER ALL BLD 47.20 49.20 1.5 1.5 2 12.25 11.55 0.00 0.55

STEEL ERECTOR ALL ALL 42.07 44.07 2 2 2 13.45 19.59 0.00 0.35

STONE MASON ALL BLD 45.38 49.92 1.5 1.5 2 10.45 16.68 0.00 0.90

TERRAZZO FINISHER ALL BLD 40.54 40.54 1.5 1.5 2 10.65 12.76 0.00 0.73

TERRAZZO MASON ALL BLD 44.38 47.88 1.5 1.5 2 10.65 14.15 0.00 0.82

TILE MASON ALL BLD 45.49 49.49 1.5 1.5 2 10.65 13.88 0.00 0.86

TRAFFIC SAFETY WRKR ALL HWY 33.50 39.50 1.5 1.5 2 6.00 7.25 0.00 0.50

TRUCK DRIVER E ALL 1 35.60 36.25 1.5 1.5 2 8.56 11.50 0.00 0.15




TRUCK DRIVER W ALL 1 35.98 36.53 1.5 1.5 2 8.25 10.14 0.00 0.15




TUCKPOINTER ALL BLD 45.42 46.42 1.5 1.5 2 8.32 15.42 0.00 0.80

Legend M-F OT Unless otherwise noted, OT pay is required for any hour greater than 8 worked each day, Mon through Fri. The number listed is the multiple of the base wage. OSA Overtime pay required for every hour worked on Saturdays OSH Overtime pay required for every hour worked on Sundays and Holidays H/W Health/Welfare benefit

Explanations COOK COUNTY

The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial Day, Fourth

of July, Labor Day, Thanksgiving Day, Christmas Day and Veterans Day in some classifications/counties. Generally, any of these holidays which

fall on a Sunday is celebrated on the following Monday. This then makes work performed on that Monday payable at the appropriate overtime

rate for holiday pay. Common practice in a given local may alter certain days of celebration. If in doubt, please check with IDOL.

TRUCK DRIVERS (WEST) - That part of the county West of Barrington Road.

Agenda Packet P. 63

EXPLANATION OF CLASSES

ASBESTOS - GENERAL - removal of asbestos material/mold and hazardous materials from any place in a building, including mechanical systems

where those mechanical systems are to be removed. This includes the removal of asbestos materials/mold and hazardous materials from

ductwork or pipes in a building when the building is to be demolished at the time or at some close future date. ASBESTOS - MECHANICAL -

removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where the mechanical systems are to remain.

CERAMIC TILE FINISHER

The grouting, cleaning, and polishing of all classes of tile, whether for interior or exterior purposes, all burned, glazed or unglazed products; all

composition materials, granite tiles, warning detectable tiles, cement tiles, epoxy composite materials, pavers, glass, mosaics, fiberglass, and all

substitute materials, for tile made in tile-like units; all mixtures in tile like form of cement, metals, and other materials that are for and intended

for use as a finished floor surface, stair treads, promenade roofs, walks, walls, ceilings, swimming pools, and all other places where tile is to form

a finished interior or exterior. The mixing of all setting mortars including but not limited to thin-set mortars, epoxies, wall mud, and any other

sand and cement mixtures or adhesives when used in the preparation, installation, repair, or maintenance of tile and/or similar materials. The

handling and unloading of all sand, cement, lime, tile, fixtures, equipment, adhesives, or any other materials to be used in the preparation,

installation, repair, or maintenance of tile and/or similar materials. Ceramic Tile Finishers shall fill all joints and voids regardless of method on all

tile work, particularly and especially after installation of said tile work. Application of any and all protective coverings to all types of tile

installations including, but not be limited to, all soap compounds, paper products, tapes, and all polyethylene coverings, plywood, masonite,

cardboard, and any new type of products that may be used to protect tile installations, Blastrac equipment, and all floor scarifying equipment

used in preparing floors to receive tile. The clean up and removal of all waste and materials. All demolition of existing tile floors and walls to be

re-tiled.

COMMUNICATIONS ELECTRICIAN

Installation, operation, inspection, maintenance, repair and service of radio, television, recording, voice sound vision production and

reproduction, telephone and telephone interconnect, facsimile, data apparatus, coaxial, fibre optic and wireless equipment, appliances and

systems used for the transmission and reception of signals of any nature, business, domestic, commercial, education, entertainment, and

residential purposes, including but not limited to, communication and telephone, electronic and sound equipment, fibre optic and data

communication systems, and the performance of any task directly related to such installation or service whether at new or existing sites, such

tasks to include the placing of wire and cable and electrical power conduit or other raceway work within the equipment room and pulling wire

and/or cable through conduit and the installation of any incidental conduit, such that the employees covered hereby can complete any job in

full.

MARBLE FINISHER

Agenda Packet P. 64

Loading and unloading trucks, distribution of all materials (all stone, sand, etc.), stocking of floors with material, performing all rigging for heavy

work, the handling of all material that may be needed for the installation of such materials, building of scaffolding, polishing if needed, patching,

waxing of material if damaged, pointing up, caulking, grouting and cleaning of marble, holding water on diamond or Carborundum blade or saw

for setters cutting, use of tub saw or any other saw needed for preparation of material, drilling of holes for wires that anchor material set by

setters, mixing up of molding plaster for installation of material, mixing up thin set for the installation of material, mixing up of sand to cement

for the installation of material and such other work as may be required in helping a Marble Setter in the handling of all material in the erection

or installation of interior marble, slate, travertine, art marble, serpentine, alberene stone, blue stone, granite and other stones (meaning as to

stone any foreign or domestic materials as are specified and used in building interiors and exteriors and customarily known as stone in the

trade), carrara, sanionyx, vitrolite and similar opaque glass and the laying of all marble tile, terrazzo tile, slate tile and precast tile, steps, risers

treads, base, or any other materials that may be used as substitutes for any of the aforementioned materials and which are used on interior and

exterior which are installed in a similar manner.

MATERIAL TESTER I: 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.

OPERATING ENGINEER - BUILDING

Class 1. Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with Caisson Attachment; Batch Plant; Benoto (requires Two Engineers); Boiler

and Throttle Valve; Caisson Rigs; Central Redi-Mix Plant; Combination Back Hoe Front End-loader Machine; Compressor and Throttle Valve;

Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Conveyor (Truck Mounted); Concrete Paver Over 27E cu. ft; Concrete Paver

27E cu. ft. and Under: Concrete Placer; Concrete Placing Boom; Concrete Pump (Truck Mounted); Concrete Tower; Cranes, All; Cranes,

Hammerhead; Cranes, (GCI and similar Type); Creter Crane; Spider Crane; Crusher, Stone, etc.; Derricks, All; Derricks, Traveling; Formless Curb

and Gutter Machine; Grader, Elevating; Grouting Machines; Heavy Duty Self-Propelled Transporter or Prime Mover; Highlift Shovels or Front

Endloader 2-1/4 yd. and over; Hoists, Elevators, outside type rack and pinion and similar machines; Hoists, One, Two and Three Drum; Hoists,

Two Tugger One Floor; Hydraulic Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar equipment); Locomotives, All; Motor Patrol;

Lubrication Technician; Manipulators; Pile Drivers and Skid Rig; Post Hole Digger; Pre-Stress Machine; Pump Cretes Dual Ram; Pump Cretes:

Squeeze Cretes-Screw Type Pumps; Gypsum Bulker and Pump; Raised and Blind Hole Drill; Roto Mill Grinder; Scoops - Tractor Drawn; Slip-Form

Paver; Straddle Buggies; Operation of Tie Back Machine; Tournapull; Tractor with Boom and Side Boom; Trenching Machines.

Class 2. Boilers; Broom, All Power Propelled; Bulldozers; Concrete Mixer (Two Bag and Over); Conveyor, Portable; Forklift Trucks; Highlift Shovels

or Front Endloaders under 2-1/4 yd.; Hoists, Automatic; Hoists, Inside Elevators; Hoists, Sewer Dragging Machine; Hoists, Tugger Single Drum;

Agenda Packet P. 65

Laser Screed; Rock Drill (Self-Propelled); Rock Drill (Truck Mounted); Rollers, All; Steam Generators; Tractors, All; Tractor Drawn Vibratory Roller;

Winch Trucks with "A" Frame.

Class 3. Air Compressor; Combination Small Equipment Operator; Generators; Heaters, Mechanical; Hoists, Inside Elevators (remodeling or

renovation work); Hydraulic Power Units (Pile Driving, Extracting, and Drilling); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Low Boys;

Pumps, Well Points; Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches.

Class 4. Bobcats and/or other Skid Steer Loaders; Oilers; and Brick Forklift.

Class 5. Assistant Craft Foreman.

Class 6. Gradall.

Class 7. Mechanics; Welders.

OPERATING ENGINEERS - HIGHWAY CONSTRUCTION

Class 1. Asphalt Plant; Asphalt Heater and Planer Combination; Asphalt Heater Scarfire; Asphalt Spreader; Autograder/GOMACO or other similar

type machines: ABG Paver; Backhoes with Caisson Attachment; Ballast Regulator; Belt Loader; Caisson Rigs; Car Dumper; Central Redi-Mix Plant;

Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe Bucket or over or with attachments); Concrete Breaker (Truck Mounted);

Concrete Conveyor; Concrete Paver over 27E cu. ft.; Concrete Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Tower Cranes of all

types: Creter Crane: Spider Crane; Crusher, Stone, etc.; Derricks, All; Derrick Boats; Derricks, Traveling; Dredges; Elevators, Outside type Rack &

Pinion and Similar Machines; Formless Curb and Gutter Machine; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form

Grader, Pull Grader, Subgrader; Guard Rail Post Driver Truck Mounted; Hoists, One, Two and Three Drum; Heavy Duty Self-Propelled Transporter

or Prime Mover; Hydraulic Backhoes; Backhoes with shear attachments up to 40' of boom reach; Lubrication Technician; Manipulators; Mucking

Machine; Pile Drivers and Skid Rig; Pre-Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid Rig; Rock Drill - Truck Mounted;

Rock/Track Tamper; Roto Mill Grinder; Slip-Form Paver; Snow Melters; Soil Test Drill Rig (Truck Mounted); Straddle Buggies; Hydraulic

Telescoping Form (Tunnel); Operation of Tieback Machine; Tractor Drawn Belt Loader; Tractor Drawn Belt Loader (with attached pusher - two

engineers); Tractor with Boom; Tractaire with Attachments; Traffic Barrier Transfer Machine; Trenching; Truck Mounted Concrete Pump with

Boom; Raised or Blind Hole Drills (Tunnel Shaft); Underground Boring and/or Mining Machines 5 ft. in diameter and over tunnel, etc;

Underground Boring and/or Mining Machines under 5 ft. in diameter; Wheel Excavator; Widener (APSCO).

Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve; Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front

Endloader Machine (Less than 1 cu. yd. Backhoe Bucket or over or with attachments); Compressor and Throttle Valve; Compressor, Common

Receiver (3); Concrete Breaker or Hydro Hammer; Concrete Grinding Machine; Concrete Mixer or Paver 7S Series to and including 27 cu. ft.;

Agenda Packet P. 66

Concrete Spreader; Concrete Curing Machine, Burlap Machine, Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck Cars

(Haglund or Similar Type); Drills, All; Finishing Machine - Concrete; Highlift Shovels or Front Endloader; Hoist - Sewer Dragging Machine;

Hydraulic Boom Trucks (All Attachments); Hydro-Blaster; Hydro Excavating (excluding hose work); Laser Screed; All Locomotives, Dinky; Off-Road

Hauling Units (including articulating) Non Self-Loading Ejection Dump; Pump Cretes: Squeeze Cretes - Screw Type Pumps, Gypsum Bulker and

Pump; Roller, Asphalt; Rotary Snow Plows; Rototiller, Seaman, etc., self-propelled; Self-Propelled Compactor; Spreader - Chip - Stone, etc.;

Scraper - Single/Twin Engine/Push and Pull; Scraper - Prime Mover in Tandem (Regardless of Size); Tractors pulling attachments, Sheeps Foot,

Disc, Compactor, etc.; Tug Boats.

Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender; Compressor, Common Receiver (2); Concrete Mixer (Two Bag and Over);

Conveyor, Portable; Farm-Type Tractors Used for Mowing, Seeding, etc.; Forklift Trucks; Grouting Machine; Hoists, Automatic; Hoists, All

Elevators; Hoists, Tugger Single Drum; Jeep Diggers; Low Boys; Pipe Jacking Machines; Post-Hole Digger; Power Saw, Concrete Power Driven; Pug

Mills; Rollers, other than Asphalt; Seed and Straw Blower; Steam Generators; Stump Machine; Winch Trucks with "A" Frame; Work Boats;

Tamper-Form-Motor Driven.

Class 4. Air Compressor; Combination - Small Equipment Operator; Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic

Power Unit (Pile Driving, Extracting, or Drilling); Light Plants, All (1 through 5); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Pumps,

Well Points; Vacuum Trucks (excluding hose work); Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches.

Class 5. SkidSteer Loader (all); Brick Forklifts; Oilers.

Class 6. Field Mechanics and Field Welders

Class 7. Dowell Machine with Air Compressor; Gradall and machines of like nature.

OPERATING ENGINEER - FLOATING

Class 1. Craft Foreman; Master Mechanic; Diver/Wet Tender; Engineer; Engineer (Hydraulic Dredge).

Class 2. Crane/Backhoe Operator; Boat Operator with towing endorsement; Mechanic/Welder; Assistant Engineer (Hydraulic Dredge); Leverman

(Hydraulic Dredge); Diver Tender.

Class 3. Deck Equipment Operator, Machineryman, Maintenance of Crane (over 50 ton capacity) or Backhoe (115,000 lbs. or more); Tug/Launch

Operator; Loader/Dozer and like equipment on Barge, Breakwater Wall, Slip/Dock, or Scow, Deck Machinery, etc.

Class 4. Deck Equipment Operator, Machineryman/Fireman (4 Equipment Units or More); Off Road Trucks; Deck Hand, Tug Engineer, Crane

Maintenance (50 Ton Capacity and Under) or Backhoe Weighing (115,000 pounds or less); Assistant Tug Operator.

Agenda Packet P. 67

Class 5. Friction or Lattice Boom Cranes.

Class 6. ROV Pilot, ROV Tender

TERRAZZO FINISHER

The handling of sand, cement, marble chips, and all other materials that may be used by the Mosaic Terrazzo Mechanic, and the mixing,

grinding, grouting, cleaning and sealing of all Marble, Mosaic, and Terrazzo work, floors, base, stairs, and wainscoting by hand or machine, and in

addition, assisting and aiding Marble, Masonic, and Terrazzo Mechanics.

TRAFFIC SAFETY

Work associated with barricades, horses and drums used to reduce lane usage on highway work, the installation and removal of temporary lane

markings, and the installation and removal of temporary road signs.

TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION - EAST & WEST

Class 1. Two or three Axle Trucks. A-frame Truck when used for transportation purposes; Air Compressors and Welding Machines, including

those pulled by cars, pick-up trucks and tractors; Ambulances; Batch Gate Lockers; Batch Hopperman; Car and Truck Washers; Carry-alls; Fork

Lifts and Hoisters; Helpers; Mechanics Helpers and Greasers; Oil Distributors 2-man operation; Pavement Breakers; Pole Trailer, up to 40 feet;

Power Mower Tractors; Self-propelled Chip Spreader; Skipman; Slurry Trucks, 2-man operation; Slurry Truck Conveyor Operation, 2 or 3 man;

Teamsters; Unskilled Dumpman; and Truck Drivers hauling warning lights, barricades, and portable toilets on the job site.

Class 2. Four axle trucks; Dump Crets and Adgetors under 7 yards; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnapulls or

Turnatrailers when pulling other than self-loading equipment or similar equipment under 16 cubic yards; Mixer Trucks under 7 yards; Ready-mix

Plant Hopper Operator, and Winch Trucks, 2 Axles.

Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or

turnapulls when pulling other than self-loading equipment or similar equipment over 16 cubic yards; Explosives and/or Fission Material Trucks;

Mixer Trucks 7 yards or over; Mobile Cranes while in transit; Oil Distributors, 1-man operation; Pole Trailer, over 40 feet; Pole and Expandable

Trailers hauling material over 50 feet long; Slurry trucks, 1-man operation; Winch trucks, 3 axles or more; Mechanic--Truck Welder and Truck

Painter.

Class 4. Six axle trucks; Dual-purpose vehicles, such as mounted crane trucks with hoist and accessories; Foreman; Master Mechanic; Self-

loading equipment like P.B. and trucks with scoops on the front.

Other Classifications of Work:

Agenda Packet P. 68

For definitions of classifications not otherwise set out, the Department generally has on file such definitions which are available. If a task to be

performed is not subject to one of the classifications of pay set out, the Department will upon being contacted state which neighboring county

has such a classification and provide such rate, such rate being deemed to exist by reference in this document. If no neighboring county rate

applies to the task, the Department shall undertake a special determination, such special determination being then deemed to have existed

under this determination. If a project requires these, or any classification not listed, please contact IDOL at 217-782-1710 for wage rates or

clarifications.

LANDSCAPING

Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver. The work performed by landscape

plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by landscape operators (regardless of

equipment used or its size) is covered by the classifications of operating engineer. The work performed by landscape truck drivers (regardless of

size of truck driven) is covered by the classifications of truck driver.

MATERIAL TESTER & MATERIAL TESTER/INSPECTOR I AND II

Notwithstanding the difference in the classification title, the classification entitled "Material Tester I" involves the same job duties as the

classification entitled "Material Tester/Inspector I". Likewise, the classification entitled "Material Tester II" involves the same job duties as the

classification entitled "Material Tester/Inspector II".

Agenda Packet P. 69


Title:

Presenter:



Item History:

Executive Summary:

Recommendation:

Attachments:

Resolution No. R-27-2018: Approving Change Order No. 4 to Extend the Term of the Contract with B-Max Inc.for Electric Distribution System Work (Adoption)

Brian Keys, Director of Water & Electric

04/17/2018

✔

✔

At the April 19, 2016 Village Council Meeting, the Council approved Resolution No. R-23-2016, approving a contract withB-Max Inc. for directional boring services which included the installation of conduit and equipment pads for the electricaldistribution system. The contract contained unit pricing for three contract years at the Village's option. The Village Councilhas previously approved three change orders (Resolution Nos. R-65-2016, R-45-2017 and R-76-2017) to the contract forfunding authorization and/or acceptance of the Year 2 unit prices. Unit prices for Year 3 will begin on June 1, 2018.

In 2016, the Village issued Request for Bid #016-009 for directional boring services. Contractors were asked toprovide fixed unit prices for three contract years; Year 1 (June 1, 2016 through May 31, 2017), Year 2 (June 1, 2017through May 31, 2018), and Year 3 (June 1, 2018 through May 31, 2019). B-Max Inc. was awarded the contract in2016 based on being the lowest qualified bidder.

Staff is requesting approval to utilize B-Max Inc. for directional boring services during the period of June 1 throughDecember 31, 2018. The work performed during this period will be at the Year 3 unit prices (Exhibit 1) from Bid#016-009. At the December 5, 2017 Village Council meeting, the Council approved an initial funding authorizationof $250,000 for anticipated directional boring work in the first five months of 2018. To date, $46,316 has beenexpended. No additional funding authorization is being requested at this time.

For fiscal year 2018, the Electric Fund Budget contains $598,000 for directional boring services. Of this funding,$75,000 (account #500.42.31-660) is allocated for system reinforcement and $523,000 (account 500.42.37-660) isallocated for new business projects initiated by customer requests.

Resolution No. R-27-2018, prepared by the Village Attorney, authorizes the Village President and Village Clerk toexecute and attest, a change order to the contract term with B-Max Inc. to accept Year 3 unit prices for directionalboring work performed after June 1, 2018.

Consider adoption of Resolution No. R-27-2018, approving Change Order No. 4 to extend the term ofthe contract with B-Max Inc. for electric distribution system work.

Resolution No. R-27-2018: Approving Change Order No. 4 To Extend The Term Of The ContractWith B-Max Inc. For Electric Distribution System Work

Exhibit 1: Unit Prices for B-Max Inc.

Agenda Packet P. 70

April 17, 2018 R-27-2018


A RESOLUTION APPROVING CHANGE ORDER NO. 4 TO EXTEND THE TERM OF THE CONTRACT WITH B-MAX, INC. FOR

ELECTRIC DISTRIBUTION SYSTEM WORK

WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the Village of Winnetka (“Village”) to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and

WHEREAS, on April 19, 2016, the Village Council approved Resolution R-23-2016 authorizing the Village to enter into a contract (“Contract”) with B-Max, Inc. (“Contractor”) for the performance of directional boring, equipment pad installation, splice box installation, conduit installation, and related work necessary to maintain and support the Village’s electric distribution system (“Work”) during the period of June 1, 2016 to May 31, 2017 (“Term”); and

WHEREAS, the Contract provided the Village two options, each to extend the contract

for an additional year (collectively, “Contract Extensions”); and WHEREAS, the Contract provided the unit prices for the Work conducted during the

Contract Extensions; and WHEREAS, the Village previously exercised its first option to extend the Term of the

Contract until May 31, 2018; and WHEREAS, the Village has allocated $598,000 in its 2018 Electrical Fund Budget for

directional boring services during the 2018 fiscal year; and WHEREAS, the Village Council has determined that it is in the best interest of the

Village and its residents to approve a change order to the Contract exercising its second Contract Extension to extend the Term through May 31, 2019 (“Change Order No. 4”); and

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Village of Winnetka,

Cook County, Illinois, as follows: SECTION 1: RECITALS. The Village Council hereby adopts the foregoing recitals as

its findings, as if fully set forth herein. SECTION 2: APPROVAL OF CHANGE ORDER NO. 4. The Village Council

hereby approves Change Order No. 4 to extend the Term of the Contract through May 31, 2019. SECTION 3: AUTHORIZATION TO EXECUTE CHANGE ORDER NO. 4. The

Village Council hereby authorizes and directs the Village President and the Village Clerk to execute and attest, respectively, on behalf of the Village, Change Order No. 4, which shall be in a final form approved by the Village Attorney.

Agenda Packet P. 71

April 17, 2018 R-27-2018

SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law.

ADOPTED this 17th day of April, 2018, pursuant to the following roll call vote:

AYES: ____________________________________________________________ NAYS: ____________________________________________________________ ABSENT: ____________________________________________________________ ABSTAIN: ____________________________________________________________ Signed ____________________________________ Village President Countersigned: _______________________________________ Village Clerk

Agenda Packet P. 72

RFB# 016-009 - Directional BoringVendor B-MAX

Work Process: EVALUATION QUANTITIES

UNIT PRICE "E" PRICE "E" TOTAL UNIT PRICE "F" PRICE "F" TOTAL UNIT PRICE "G" PRICE "G" TOTAL

Start or End Pit: For 2” conduit 155 58.00$ 8,990.00$ 60.00$ 9,300.00$ 62.50$ 9,687.50$ Start or End Pit: For 4” conduit 116.5 58.00$ 6,757.00$ 60.00$ 6,990.00$ 62.50$ 7,281.25$ Start or End Pit: For 5” conduit 0 58.00$ -$ 60.00$ -$ 62.50$ -$ Start or End Pit: For 6” conduit 0 58.00$ -$ 60.00$ -$ 62.50$ -$

0Test Holes In: Concrete 1 375.00$ 375.00$ 390.00$ 390.00$ 410.00$ 410.00$ Test Holes In: Asphalt 10 350.00$ 3,500.00$ 370.00$ 3,700.00$ 390.00$ 3,900.00$ Test Holes In: Parkway 202 95.00$ 19,190.00$ 100.00$ 20,200.00$ 105.00$ 21,210.00$

Excavation for: Xfmr Pad 5’X5’X20” 0.5 170.00$ 85.00$ 180.00$ 90.00$ 190.00$ 95.00$ Excavation for: Xfmr Pad 8’X8’X20” 0 250.00$ -$ 260.00$ -$ 270.00$ -$

Excavation for and Installation of: Xfmr Pad 5’X5’X20” 12 390.00$ 4,680.00$ 400.00$ 4,800.00$ 410.00$ 4,920.00$ Excavation for and Installation of: Xfmr Pad 8’X8’X20” 1 450.00$ 450.00$ 460.00$ 460.00$ 470.00$ 470.00$

Excavation for: Splice Box 28”X40”X30” 3 120.00$ 360.00$ 130.00$ 390.00$ 140.00$ 420.00$ Excavation for: Splice Box 40”X50”X22” 1.5 180.00$ 270.00$ 190.00$ 285.00$ 200.00$ 300.00$

Excavation for and Installation of: Splice Box 28”X40”X30” 21.5 490.00$ 10,535.00$ 495.00$ 10,642.50$ 500.00$ 10,750.00$ Excavation for and Installation of: Splice Box 40”X50”X22” 3 540.00$ 1,620.00$ 550.00$ 1,650.00$ 560.00$ 1,680.00$

Conduit/ft. (Material and Installation) 1 ¼” (Orange) w/ pull line 14416.5 1.10$ 15,858.15$ 1.20$ 17,299.80$ 1.30$ 18,741.45$ Conduit/ft. (Material and Installation) 2” 7963.5 1.30$ 10,352.55$ 1.40$ 11,148.90$ 1.50$ 11,945.25$ Conduit/ft. (Material and Installation) 4” 6315.5 3.70$ 23,367.35$ 4.00$ 25,262.00$ 4.30$ 27,156.65$ Conduit/ft. (Material and Installation) 5” 50 6.00$ 300.00$ 6.20$ 310.00$ 6.50$ 325.00$ Conduit/ft. (Material and Installation) 6” 0 7.00$ -$ 7.50$ -$ 8.00$ -$

Bore/Ream Size/ft. 3” 70 8.00$ 560.00$ 8.50$ 595.00$ 9.00$ 630.00$ Bore/Ream Size/ft. 4” 3127 9.25$ 28,924.75$ 9.50$ 29,706.50$ 9.75$ 30,488.25$ Bore/Ream Size/ft. 6” 5421.5 11.00$ 59,636.50$ 11.25$ 60,991.88$ 11.50$ 62,347.25$ Bore/Ream Size/ft. 8” 4493 14.00$ 62,902.00$ 14.50$ 65,148.50$ 15.00$ 67,395.00$ Bore/Ream Size/ft. 10” 752.5 17.00$ 12,792.50$ 17.50$ 13,168.75$ 18.00$ 13,545.00$ Bore/Ream Size/ft. 12” 322 21.00$ 6,762.00$ 21.50$ 6,923.00$ 22.00$ 7,084.00$ Bore/Ream Size/ft. 14” 117.5 35.00$ 4,112.50$ 25.50$ 2,996.25$ 26.00$ 3,055.00$ Bore/Ream Size/ft. 18” 0 34.00$ -$ 36.00$ -$ 38.00$ -$

Tie into Existing Manhole First Conduit 7.5 510.00$ 3,825.00$ 530.00$ 3,975.00$ 560.00$ 4,200.00$ Tie into Existing Manhole Additional Conduits 6.5 120.00$ 780.00$ 125.00$ 812.50$ 130.00$ 845.00$

Tie into Existing Splice Box First Conduit 32.5 390.00$ 12,675.00$ 400.00$ 13,000.00$ 410.00$ 13,325.00$ Tie into Existing Splice Box Additional Conduits 0.5 26.00$ 13.00$ 28.00$ 14.00$ 30.00$ 15.00$

E-Loc Couplings or Approved Equivalent (Material and Labor): 1 1/4" 30 8.00$ 240.00$ 8.50$ 255.00$ 9.00$ 270.00$ E-Loc Couplings or Approved Equivalent (Material and Labor): 2” 32 10.50$ 336.00$ 11.50$ 368.00$ 12.00$ 384.00$ E-Loc Couplings or Approved Equivalent (Material and Labor): 4” 70 24.00$ 1,680.00$ 25.00$ 1,750.00$ 26.00$ 1,820.00$ E-Loc Couplings or Approved Equivalent (Material and Labor): 5” 0 40.00$ -$ 41.00$ -$ 42.00$ -$ E-Loc Couplings or Approved Equivalent (Material and Labor): 6” 0 45.00$ -$ 46.00$ -$ 47.00$ -$

Fusion Butt Splice (Material and Labor): 2” 0 35.00$ -$ 40.00$ -$ 45.00$ -$ Fusion Butt Splice (Material and Labor): 4” 0 35.00$ -$ 40.00$ -$ 45.00$ -$ Fusion Butt Splice (Material and Labor): 5” 0 35.00$ -$ 40.00$ -$ 45.00$ -$ Fusion Butt Splice (Material and Labor): 6” 0 35.00$ -$ 40.00$ -$ 45.00$ -$

90º Bends (Material Only, Steel) 2” – 18” Sweep 12 45.00$ 540.00$ 47.00$ 564.00$ 48.00$ 576.00$ 90º Bends (Material Only, PVC) 2” – 18” Sweep 2 11.00$ 22.00$ 12.00$ 24.00$ 12.90$ 25.80$ 90º Bends (Installation Only) 2” – 18” Sweep 14 42.00$ 588.00$ 44.00$ 616.00$ 46.00$ 644.00$ 90º Bends (Material Only, Steel) 2” – 24” Sweep 0 54.00$ -$ 56.00$ -$ 58.00$ -$ 90º Bends (Material Only, PVC) 2” – 24” Sweep 3.5 11.00$ 38.50$ 12.00$ 42.00$ 12.90$ 45.15$ 90º Bends (Installation Only) 2” – 24” Sweep 3.5 42.00$ 147.00$ 44.00$ 154.00$ 46.00$ 161.00$ 10’ Steel Conduit w/coupling (Material Only) 2” 10.5 67.00$ 703.50$ 68.50$ 719.25$ 70.00$ 735.00$ 10’ Steel Conduit w/coupling (Installation Only) 2” 11 38.00$ 418.00$ 39.00$ 429.00$ 41.00$ 451.00$ 10’ PVC Conduit w/coupling (Material Only) 2” 2.5 25.00$ 62.50$ 26.00$ 65.00$ 27.00$ 67.50$ 10’ PVC Conduit w/coupling (Installation Only) 2” 3 37.00$ 111.00$ 38.00$ 114.00$ 40.00$ 120.00$

90º Bends (Material Only, Steel) 4” – 24” Sweep 2.5 120.00$ 300.00$ 130.00$ 325.00$ 140.00$ 350.00$ 90º Bends (Material Only, PVC) 4” – 24” Sweep 62.5 30.00$ 1,875.00$ 32.00$ 2,000.00$ 34.00$ 2,125.00$ 90º Bends (Installation Only) 4” – 24” Sweep 65.5 44.00$ 2,882.00$ 46.00$ 3,013.00$ 48.00$ 3,144.00$ 90º Bends (Material Only, Steel) 4” – 36” Sweep 5 140.00$ 700.00$ 145.00$ 725.00$ 150.00$ 750.00$ 90º Bends (Material Only, PVC) 4” – 36” Sweep 10.5 45.00$ 472.50$ 47.50$ 498.75$ 50.00$ 525.00$ 90º Bends (Installation Only) 4” – 36” Sweep 15 70.00$ 1,050.00$ 72.50$ 1,087.50$ 75.00$ 1,125.00$ 10’ Steel Conduit w/coupling (Material Only) 4" 10 190.00$ 1,900.00$ 195.00$ 1,950.00$ 200.00$ 2,000.00$ 10’ Steel Conduit w/coupling (Installation Only) 4" 10.5 40.00$ 420.00$ 42.50$ 446.25$ 45.00$ 472.50$ 10’ PVC Conduit w/coupling (Material Only) 4" 17.5 60.00$ 1,050.00$ 70.00$ 1,225.00$ 80.00$ 1,400.00$ 10’ PVC Conduit w/coupling (Installation Only) 4" 16.5 35.00$ 577.50$ 37.50$ 618.75$ 40.00$ 660.00$

90º Bends (Material Only, Steel) 5” – 36” Sweep 0 390.00$ -$ 410.00$ -$ 430.00$ -$ 90º Bends (Material Only, PVC) 5” – 36” Sweep 0 70.00$ -$ 75.00$ -$ 80.00$ -$ 90º Bends (Installation Only) 5” – 36” Sweep 0 75.00$ -$ 76.00$ -$ 77.00$ -$ 90º Bends (Material Only, Steel) 5” – 48” Sweep 0 430.00$ -$ 440.00$ -$ 450.00$ -$ 90º Bends (Material Only, PVC) 5” – 48” Sweep 0 85.00$ -$ 90.00$ -$ 95.00$ -$ 90º Bends (Installation Only) 5” – 48” Sweep 0 80.00$ -$ 90.00$ -$ 100.00$ -$ 10’ Steel Conduit w/coupling (Material Only) 5" 0 300.00$ -$ 310.00$ -$ 320.00$ -$ 10’ Steel Conduit w/coupling (Installation Only) 5" 0 45.00$ -$ 50.00$ -$ 55.00$ -$ 10’ PVC Conduit w/coupling (Material Only) 5" 0 80.00$ -$ 85.00$ -$ 90.00$ -$ 10’ PVC Conduit w/coupling (Installation Only) 5" 0 45.00$ -$ 50.00$ -$ 55.00$ -$

90º Bends (Material Only, Steel) 6” – 48” Sweep 0 390.00$ -$ 400.00$ -$ 410.00$ -$ 90º Bends (Material Only, PVC) 6” – 48” Sweep 0 120.00$ -$ 125.00$ -$ 130.00$ -$ 90º Bends (Installation Only) 6” – 48” Sweep 0 100.00$ -$ 105.00$ -$ 110.00$ -$ 90º Bends (Material Only, Steel) 6” – 60” Sweep 0 550.00$ -$ 560.00$ -$ 570.00$ -$ 90º Bends (Material Only, PVC) 6” – 60” Sweep 0 160.00$ -$ 170.00$ -$ 180.00$ -$ 90º Bends (Installation Only) 6” – 60” Sweep 0 120.00$ -$ 125.00$ -$ 130.00$ -$ 10’ Steel Conduit w/coupling (Material Only) 6" 0 390.00$ -$ 410.00$ -$ 420.00$ -$ 10’ Steel Conduit w/coupling (Installation Only) 6" 0 50.00$ -$ 55.00$ -$ 60.00$ -$ 10’ PVC Conduit w/coupling (Material Only) 6" 0 100.00$ -$ 110.00$ -$ 120.00$ -$ 10’ PVC Conduit w/coupling (Installation Only) 6" 0 50.00$ -$ 55.00$ -$ 60.00$ -$

Color Coded (Markup for red color or striped conduits 2” 983.5 0.10$ 98.35$ 0.20$ 196.70$ 0.30$ 295.05$ Color Coded (Markup for red color or striped conduits 4” 0 0.10$ -$ 0.20$ -$ 0.30$ -$ Color Coded (Markup for red color or striped conduits 5” 0 0.10$ -$ 0.20$ -$ 0.30$ -$ Color Coded (Markup for red color or striped conduits 6” 0 0.10$ -$ 0.20$ -$ 0.30$ -$

Hourly Labor Rates: Foreman 119.5 104.00$ 12,428.00$ 108.00$ 12,906.00$ 112.00$ 13,384.00$ Hourly Labor Rates: Laborer 301 84.00$ 25,284.00$ 86.00$ 25,886.00$ 88.00$ 26,488.00$

Hourly Equipment Rates: Pickup Truck 147.75 50.00$ 7,387.50$ 52.50$ 7,756.88$ 55.00$ 8,126.25$ Hourly Equipment Rates: Dump Truck 10 78.00$ 780.00$ 83.00$ 830.00$ 88.00$ 880.00$ Hourly Equipment Rates: Mini Excavator w/trailer 71.75 68.00$ 4,879.00$ 73.00$ 5,237.75$ 75.00$ 5,381.25$ Hourly Equipment Rates: Air Compressor 0 40.00$ -$ 42.00$ -$ 44.00$ -$

Traffic Ballards Install 4" steel pipe filled with concrete1 450.00$ 450.00$ 460.00$ 460.00$ 470.00$ 470.00$

EXHIBIT 1 - B-MAX6/1/2016 to 5/31/17 6/1/2017 to 5/31/18 6/1/2018 to 5/31/19

367,093.65$ 380,512.40$ 395,097.10$

Agenda Packet P. 73


Title:

Presenter:



Item History:

Executive Summary:

Recommendation:

Attachments:

Ordinance No. MC-3-2018: Amending the Village Code - Purchasing (Introduction)

Timothy J. Sloth, Finance Director

04/17/2018 ✔

✔

Winnetka Village Code Chapter 4.12 outlines the Village's purchasing policies. By Code, the Council designates authority to the VillageManager to enter into contracts and implement procedures governing purchases up to $25,000 in the form of a written purchasing policydocument.

An updated version of the purchasing policy document was implemented Village-wide on January 1, 2018. In the process of updating thepolicy document, Staff noticed an oversight in previous versions as well as a gap in the Village Code that omitted a Change Order process.

After consulting with the Village Attorney, Staff recommends that the Village Code be modified to include a change orderprocess for contracts over $25,000 which, under the current Code, is the threshold by which contracts require approval bythe Village Council.

In an effort to balance the Council's legislative authority with administrative efficiency, Staff is recommending that theCouncil designate change order authority to the Village Manager for the amount of his general purchasing authority, whichby Code is $25,000.

The proposed modification to the Code also states that the Village Manager may designate this authority for amounts notexceeding $10,000 to the Finance Director, Purchasing Agent, or any Department Head.

Staff believes that the proposed Village Manager change order authority of $25,000 provides enough latitude to addresssimple contract scope changes expediently (i.e. the discovery of unknown obstacles uncovered in the field during aconstruction project) while still reserving authority to the Village Council for any change orders over $25,000, which arelikely to be grounded in more significant policy questions.

Staff will be available at the April 17 Regular Council Meeting to answer any questions the Council may have about thisproposed Code change.

Consider introduction of Ordinance No. MC-3-2018, "An Ordinance Amending the Winnetka VillageCode to Update the Village Manager's Authority to Approve Change Orders."

1) Ordinance No. MC-3-2018

Agenda Packet P. 74

April 17, 2018 MC-3-2018

ORDINANCE NO. MC-3-2018

AN ORDINANCE AMENDING THE WINNETKA VILLAGE CODE TO UPDATE THE VILLAGE MANAGER’S

AUTHORITY TO APPROVE CHANGE ORDERS

WHEREAS, the Village of Winnetka is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970 and has the authority to exercise any power and perform any function pertaining to its government and affairs; and

WHEREAS, Chapter 4.12 of the “Winnetka Village Code” (“Village Code”), among other things, delegates authority to the Village Manager, Department Heads, the Finance Director, and Purchasing Agent to authorize certain type of purchases to promote an efficient purchasing and procurement process; and

WHEREAS, while Chapter 4.12 currently provides (i) the Village Manager authority to

approve certain types of purchase orders, award bids and sign contracts, provided the amount of the purchase order, bid award or contract does not exceed $25,000, and (ii) Department Heads, the Finance Director, and Purchasing Agent authority to approve certain types of purchase orders, award bids and sign contracts, provided that the purchase order, bid award or contract does not exceed $10,000, the Village Code is less clear whether this authority extends to the issuance of change orders; and

WHEREAS, pursuant to its home rule authority, the Village Council desires to clarify

and provide the Village Manager authority to issue change orders not exceeding $25,000 and to delegate the authority to issue change orders not exceeding $10,000 to Department Heads, the Finance Director, or Purchasing Agent (collectively, “Proposed Amendment”) to further add efficiency to the Village’s purchasing and procurement process; and

WHEREAS, the Village Council has determined that adopting the Proposed Amendment

is in the best interest of the Village and its residents;

NOW, THEREFORE, the Council of the Village of Winnetka do ordain as follows:

SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this Section as the findings of the Village Council, as if fully set forth herein.

SECTION 2: AMENDMENT OF AUTHORITY OF VILLAGE MANAGER. Section 4.12.010, titled “Purchasing and contracts,” of Chapter 4.12, title “Purchasing,” of Title 4, titled, “Revenue and Finance,” of the Village Code is hereby amended and shall read as follows (additions are bold and double underlined; deletions are struck through):

“Section 4.12.010 Purchasing and contracts.

* * *

Agenda Packet P. 75

April 17, 2018 MC-3-2018

D. Authority of Village Manager. The Village Manager shall have the authority to approve purchase orders, award bids, issue change orders, and sign contracts for the purpose of supplies, and for any work or other public improvement which is not to be paid for in whole or in part by special assessment or special taxation; provided, the amount of such purchase order, bid award, change order, or contract does not exceed twenty-five thousand dollars ($25,000.00). All other contracts shall be approved by the Trustees and executed by the President. The Village Manager may delegate the approval of purchase orders, the award of bids, issuance of change orders, and/or the signing of contracts not exceeding ten thousand dollars ($10,000.00) to any department head, the Finance Director or the Purchasing Agent, or to any combination of department head, Finance Director or Purchasing Agent. The terms and conditions of such delegation shall be set forth in the written purchasing policy established by the Village Manager.

* * * SECTION 3: EFFECTIVE DATE. This Ordinance shall be in full force and effect from

and after its passage, approval, and publication in the manner provided by law.

PASSED this day of ___________, 2018, pursuant to the following roll call vote:

AYES: _________________________________________________________ NAYS: _________________________________________________________ ABSENT: _________________________________________________________ APPROVED this day of , 2018.

Signed: __________________________________ Village President

Countersigned: __________________________________ Village Clerk

Published by authority of the President and Board of Trustees of the Village of Winnetka, Illinois, this ____ day of _______, 2018.

Introduced: April 17, 2018 Passed and Approved: , 2018

Agenda Packet P. 76


Title:

Presenter:



Item History:

Executive Summary:

Recommendation:

Attachments:

Ordinance No. M-8-2018: 1060 Gage Street - Tutoring Center Special Use Permit (Introduction & Adoption)

David Schoon, Director of Community Development

04/17/2018 ✔

✔

Mathnasium of Winnetka is requesting a Special Use Permit to allow the establishment of a mathtutoring service on the ground floor within the C-2 Commercial Overlay District. The petitioner is thepotential lessee of the subject property at 1060 Gage Street.

The application was reviewed by the Plan Commission at a special meeting on March 20, 2018, withthe Plan Commission voting 6-0 to adopt findings in support of the application and to recommendapproval of the Special Use Permit.

Attached is a staff report containing more details regarding the application and the Plan Commissiondiscussion.

Consider waiving introduction of Ordinance No. M-8-2018 and consider adoption of the Ordinance OR consider only introductionof Ordinance No. M-8-2018.

As currently drafted, the Ordinance would allow the proposed math tutoring business at 1060 Gage Street within the C-2 OverlayDistrict, subject to the petitioner being required to i) purchase employee parking passes for all employees on an annual basis, andthat ii) employees be required to utilize employee parking spaces on the upper level of the Hubbard Woods parking structure.

Attachment A: Village Council Agenda ReportAttachment B: Ordinance No. M-8-2018Attachment C: Plan Commission Staff ReportAttachment D: Application materialsAttachment E: Plan Commission Draft Minutes – March 20, 2018 meeting

Agenda Packet P. 77

COMMUNITY DEVELOPMENT DEPARTMENT

Page 1

MEMORANDUM VILLAGE OF WINNETKA

TO: VILLAGE COUNCIL

FROM: DAVID SCHOON, DIRECTOR

DATE: APRIL 5, 2018

SUBJECT: ORDINANCE NO. M-8-2018: 1060 GAGE STREET - SPECIAL USE PERMIT WITHIN C-2 OVERLAY DISTRICT (INTRODUCTION/ADOPTION)

INTRODUCTION

On April 17, the Village Council is scheduled to consider the Plan Commission recommendation of approval for a Special Use Permit for the petitioner Mathnasium of Winnetka, to allow the establishment of a 900 square foot math tutoring center at 1060 Gage Street, which includes approximately 18 feet of frontage along Gage Street (Note: space previously occupied by Rib and Stitch Yarn). The Subject Property is located within the Village’s C-2 Commercial Overlay District, which places limits on non-retail uses, including the proposed math tutoring center, requiring that they be reviewed by the Plan Commission and approved by the Village Council as a Special Use. The proposed math tutoring center will be operated as an “annex” to the petitioner’s Kenilworth location, and as such would only be used for tutoring services. Adminstrative functions such as testing and scheduling will continue to operate out of the current Kenilworth location due the constrained size of the subject property (900 square feet). Tutoring services will be offered from 3:00 to 7:00 pm Monday through Friday, as well as on Saturday and Sunday from 10:00am to 4:00pm. During summer hours, additional morning hours from 10:00am to 2:00pm will be offered Monday through Friday. PLAN COMMISSION RECOMMENDATION The Plan Commission considered the application at a special meeting on March 20, 2018 (Attachment C contains the staff report and Attachment E contains the draft minutes from that meeting). In its discussion the Commission considered the purpose and origin of the C-2 Commercial Overlay District, as well as the possible synergy between the proposed use, Hubbard Woods park, and other nearby businesses catering to parents. In addition, the Commission discussed the conclusions of the parking analysis conducted by the applicant (a copy of which is included in Attachment D – Application materials). Some members expressed concern about the availability of parking in the district, particularly in the summer months when a morning session will be offered during weekdays. Members who supported the application noted that the proposed use would bring clients who would likely patronize nearby restaurants and other businesses, including other services to parents such as the nearby orthodontist and dental office.

Agenda Packet P. 78

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ATTACHMENT A

After receiving no comments from the public, the Plan Commission closed public comment and discussed the application. At the conclusion of the discussion, the Plan Commission voted 6-0 to adopt findings in support of the application and to recommend approval of the special use permit to the Village Council, subject to the condition that the petitioner be required to purchase employee parking passes, and that employees be required to use employee parking located on the upper level of the Hubbard Woods parking structure. RECOMMENDATION

Consider introduction of Ordinance M-8-2018, which would grant a Special Use Permit to allow Mathnasium of Winnetka to operate a math tutoring center at 1060 Gage Street within the C-2 Commercial Overlay District, subject to the petitioner being required to purchase Village employee parking passes, and that all employees utilize the upper level of the Hubbard Woods parking structure.

Agenda Packet P. 79

April 17, 2018 M-8-2018

ORDINANCE NO. M-8-2018

AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE OPERATION OF A TUTORING CENTER

WITHIN THE C-2 RETAIL OVERLAY DISTRICT OF THE VILLAGE (1060 Gage Street)

WHEREAS, Schoolhouse 4 Math, LLC ("Applicant"), is the lessee of the property commonly known as 1060 Gage Street, Winnetka, Illinois, and legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance (“Subject Property”); and

WHEREAS, 1054-1060 Gage Street, LLC (“Owner”), is the record title owner of the Subject Property, and Owner consents to the operation of a tutoring center by the Applicant at the Subject Property; and

WHEREAS, the Subject Property is located within the C-2 General Retail Commercial District and the C-2 Commercial Overlay District of the Village (collectively, "C-2 Retail Overlay District"); and

WHEREAS, the Applicant desires to operate a tutoring center at the Subject Property, which qualifies as a business educational use pursuant to the table of uses set forth in Section 17.46.010 of the Winnetka Zoning Ordinance ("Zoning Ordinance"); and

WHEREAS, pursuant to Section 17.44.020 and the table of uses set forth in Section 17.46.010 of Zoning Ordinance, the operation of a business educational use is not permitted within the C-2 Retail Overlay District without a special use permit; and

WHEREAS, on February 19, 2018, the Applicant filed an application for a special use permit pursuant to Section 17.44.020.B and Chapter 17.56 of the of the Zoning Ordinance to allow the operation of a tutoring center at the Subject Property ("Special Use Permit"); and

WHEREAS, the Owner of the Subject Property has consented to the application for the Special Use Permit filed by the Applicant; and

WHEREAS, on March 20, 2018, after due notice thereof, the Plan Commission conducted a public hearing on the proposed Special Use Permit and, by a vote of 6 in favor and 0 opposed, recommended that the Village Council approve the Special Use Permit, upon certain conditions; and

WHEREAS, the Village Council has determined that approval of the proposed Special Use Permit for the operation of a real estate office at the Subject Property satisfies the standards for the approval of special use permits within the C-2 Retail Overlay District set forth in Chapter 17.56 and Section 17.44.020.B of the Zoning Ordinance and is in the best interest of the Village and its residents;

NOW, THEREFORE, the Council of the Village of Winnetka do ordain as follows:

SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this Section 1 as the findings of the Council of the Village of Winnetka, as if fully set forth herein.

Agenda Packet P. 80

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ATTACHMENT B

April 17, 2018 M-8-2018

SECTION 2: SPECIAL USE PERMIT. Subject to, and contingent upon, the terms and conditions set forth in Section 3 of this Ordinance, the Special Use Permit is hereby granted, pursuant to Chapter 17.56 and Section 17.44.020.B of the Zoning Ordinance and the home rule powers of the Village, to allow the establishment and operation of a tutoring center by the Applicant at the Subject Property within the C-2 Retail Overlay District.

SECTION 3: CONDITIONS. The Special Use Permit granted by Section 2 of this Ordinance is subject to, and contingent upon, compliance by the Applicant with the following conditions:

A. Employee Parking. Applicant must: (i) purchase from the Village and maintain employee parking passes for the upper level of the Village’s Hubbard Woods parking structure (“Parking Structure”); and (ii) require all of its employees, contractors, and agents working on the Subject Property to park on the upper level of the Parking Structure while working on the Subject Property and not in other public parking spaces.

B. Commencement of Operation. The Applicant must commence operation of the proposed tutoring center no later than 12 months after the effective date of this Ordinance.

C. Compliance with Regulations. The development, use, and maintenance of the Subject Property must comply at all times with all applicable Village codes and ordinances, as they have been or may be amended over time.

D. Reimbursement of Village Costs. In addition to any other costs, payments, fees, charges, contributions, or dedications required under applicable Village codes, ordinances, resolutions, rules, or regulations, the Applicant must pay to the Village, promptly upon presentation of a written demand or demands therefor, of all fees, costs, and expenses incurred or accrued in connection with the review, negotiation, preparation, consideration, and review of this Ordinance. Payment of all such fees, costs, and expenses for which demand has been made shall be made by a certified or cashier's check. Further, the Applicant must pay upon demand all costs incurred by the Village for publications and recordings required in connection with the aforesaid matters.

E. Compliance with Plans. The development, use, and maintenance of the real estate office at the Subject Property must be in strict accordance with the Floor Plan submitted by the Applicant, consisting of one sheet, a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit B, except for minor changes and site work approved by the Director of Community Development (within his permitting authority) in accordance with all applicable Village codes, ordinances, and standards.

SECTION 4: RECORDATION; BINDING EFFECT. A copy of this Ordinance will be recorded with the Cook County Recorder of Deeds. This Ordinance and the privileges,

Agenda Packet P. 81

April 17, 2018 M-8-2018

obligations, and provisions contained herein inure solely to the benefit of, and are binding upon, the Applicant, the Owner, and each of their heirs, representatives, successors, and assigns.

SECTION 5: FAILURE TO COMPLY. Upon the failure or refusal of the Applicant or the Owner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, in addition to all other remedies available to the Village, the Special Use Permit granted in Section 2 of this Ordinance will, at the sole discretion of the Village Council, by ordinance duly adopted, be revoked and become null and void; provided, however, that the Village Council may not so revoke the Special Use Permit granted in Section 2 of this Ordinance unless it first provides the Applicant with two months advance written notice of the reasons for revocation and an opportunity to be heard at a regular meeting of the Village Council. In the event of revocation, the development and use of the Subject Property will be governed solely by the regulations of the applicable zoning district and the applicable provisions of the Zoning Ordinance, as the same may be amended from time to time. Further, in the event of such revocation, the Village Manager and Village Attorney are hereby authorized and directed to bring such zoning enforcement action as may be appropriate under the circumstances.

SECTION 6: AMENDMENT OF SPECIAL USE PERMIT. Any amendments to the Special Use Permit granted in Section 2 of this Ordinance that may be requested by the Applicant after the effective date of this Ordinance may be granted only pursuant to the procedures, and subject to the standards and limitations, provided in the Zoning Ordinance.

SECTION 7: EFFECTIVE DATE.

A. This Ordinance will be effective only upon the occurrence of all of the following events:

1. Passage by the Village Council in the manner required by law;

2. Publication in pamphlet form in the manner required by law; and

3. The filing by the Applicant and the Owner with the Village Clerk of an Unconditional Agreement and Consent in the form of Exhibit C attached to and, by this reference, made a part of this Ordinance, to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance and to indemnify the Village for any claims that may arise in connection with the approval of this Ordinance.

B. In the event that the Applicant does not file with the Village Clerk a fully executed copy of the unconditional agreement and consent described in Section 7.A.3 of this Ordinance within 60 days after the date of passage of this Ordinance by the Village Council, the Village Council shall have the right, in its sole discretion, to declare this Ordinance null and void and of no force or effect.

[SIGNATURE PAGE FOLLOWS]

Agenda Packet P. 82

April 17, 2018 M-8-2018

PASSED this_____day of _________, 2018, pursuant to the following roll call vote: AYES: NAYS: ABSENT: APPROVED this ____ day of _________, 2018.

Signed:

Village President

Countersigned: Village Clerk

Published by authority of the President and Board of Trustees of the Village of Winnetka, Illinois, this ___ day of _______, 2018.

Introduced: April 17, 2018 Passed and Approved: ______________, 2018

Agenda Packet P. 83

EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY

THE WEST 46.83 FEET OF THE EAST 96.83 FEET OF LOT 1 IN BLOCK 5 IN JARED GAGE’S SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF FRACTIONAL SECTION 17, TOWNSHIP 42 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF FRACTIONAL SECTION 17, TOWNSHIP 42 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 42 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Commonly known as 1056-1062 Gage Street, Winnetka, Illinois. PIN: 05-17-123-002-0000

Agenda Packet P. 84

EXHIBIT B FLOOR PLAN

(SEE ATTACHED EXHIBIT B)

Agenda Packet P. 85

42' 3

"

20' 2"

11' 1

"

2' 6"

27' 4

"

13' 4"

4' 0

"

4' 3"

3' 8

"

2' 8"10' 8"

6' 0

"

7' 0"

Window Display18" above floor

TransactionDesk

Radiator

Closet

To InteriorStair

Agenda Packet P. 86

EXHIBIT C

UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Winnetka, Illinois ("Village"): WHEREAS, Schoolhouse 4 Math, LLC ("Applicant"), desires to operate a tutoring center located at 1060 Gage Street in the Village (“Subject Property”); and WHEREAS, 1054-1060 Gage Street, LLC (“Owner”), is the record title owner of the Subject Property and consents to the operation of a tutoring center by Applicant at the Subject Property; and WHEREAS, Ordinance No. M-8-2018, adopted by the Village Council on _________, 2018 ("Ordinance"), grants a special use permit to the Applicant for the operation of a tutoring center at the Subject Property within the C-2 General Retail Commercial District and the C-2 Commercial Overlay District of the Village; and WHEREAS, Section 7 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Applicant and the Owner have filed, within 60 days following the passage of the Ordinance, their unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in the Ordinance; NOW, THEREFORE, the Applicant and the Owner do hereby agree and covenant as follows:

1. The Applicant and the Owner do hereby unconditionally agree to accept, consent to, and abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the Ordinance.

2. The Applicant and the Owner acknowledge that public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, have considered the possibility of the revocation provided for in the Ordinance, and agree not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right.

3. The Applicant and the Owner acknowledge and agree that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village's grant of a special use permit for the Subject Property or its adoption of the Ordinance, and that the Village's approvals do not, and will not, in any way, be deemed to insure the Applicant or the Owner against damage or injury of any kind and at any time.

4. The Applicant and the Owner do hereby agree to hold harmless and indemnify the Village, the Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with the Village's adoption of the Ordinance granting the special use permit for the Subject Property.

Agenda Packet P. 87

5. The Applicant and the Owner hereby agree to pay all expenses incurred by the Village in defending itself with regard to any and all of the claims mentioned in this Unconditional Agreement and Consent. These expenses will include all out-of-pocket expenses, such as attorneys' and experts' fees, and will also include the reasonable value of any services rendered by any employees of the Village.

Dated: , 2018 ATTEST: SCHOOLHOUSE 4 MATH, LLC By: By: Its: Its: ATTEST: 1054-1060 GAGE STREET, LLC By: By: Its: Its:

Agenda Packet P. 88

COMMUNITY DEVELOPMENT DEPARTMENT

Page 1

MEMORANDUM VILLAGE OF WINNETKA

TO: PLAN COMMISSION

FROM: BRIAN NORKUS, ASSISTANT DIRECTOR ANN KLAASSEN, PLANNING ASSISTANT

DATE: MARCH 13, 2018

SUBJECT: CASE NO. 18-04-SU: 1060 GAGE STREET – SPECIAL USE PERMIT – MATHNASIUM OF WINNETKA

INTRODUCTION On March 20, 2018 the Plan Commission is scheduled to consider an application submitted by Mathnasium of Winnetka (the “Applicant”), concerning a Special Use Permit in accordance with Chapter 17.44 [C-2 General Retail Commercial District] and Chapter 17.56 [Special Uses] of the Winnetka Zoning Ordinance to permit a tutoring center on the ground floor at 1060 Gage Street (the “Subject Property”). The property is owned by John C. Dini (the “Owner”). A sign has been posted on the Subject Property indicating the time and date of the Plan Commission public hearing. A mailed notice has been sent to property owners within 500 feet of the Subject Property. As of the date of this memo, staff has not received any written comments from the public regarding this application. PROPERTY DESCRIPTION The Subject Property is one of the first-floor commercial spaces located in the multi-use building at 1056-1062 Gage Street, located on the south side of Gage Street between Green Bay Road and Tower Court. The space at 1060 Gage Street is currently unoccupied and was most recently occupied by Rib and Stitch Yarn. The Subject Property is located within the Village’s Commercial Overlay District, which places limits on many non-retail uses, including educational uses such as tutoring centers, requiring that they be evaluated by the Plan Commission and Village Council as a Special Use. COMMERCIAL OVERLAY DISTRICT BACKGROUND The Overlay District was established in 1987 out of concern about the viability of the business districts as a whole if non-retail occupancies were allowed to proliferate and occupy significant areas within retail shopping districts. At the time of adoption there was a concern about the possible proliferation of real estate offices and financial institutions. The Village Zoning Ordinance describes the purpose of the Overlay District and its restrictions on non-retail uses as being

“to encourage retailing of comparison shopping goods and personal services compatible with such retailing on ground floor in order to encourage a clustering of such uses, to provide for a wide variety of retail shops and expose such shops to maximum foot traffic, while keeping such traffic in concentrated (yet well distinguished) channels throughout the district.”

PC Agenda Report p. 1 Agenda Packet P. 89

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ATTACHMENT C

Since its adoption in 1987, the Overlay District has been revised on more than one occasion to alter district boundaries, or to modify the types of uses which are permitted within each district. In January 2017 the Village Council adopted a Downtown Master Plan, which included within its recommendations a call for review of the Overlay District boundaries and use limitations to assure that they are consistent with current development trends and community goals. An excerpt of the adopted Downtown Master Plan (Attachment D) provides additional background on the recommended review. HUBBARD WOODS BUSINESS DISTRICT OVERLAY BOUNDARIES A map depicting the zoning classification of the Hubbard Woods Business District is included as Figure 1 below. The Subject Property is highlighted yellow, located immediately east of Kyoto Sushi Japanese Restaurant at the southeast corner of Gage Street and Green Bay Road.

Gray areas indicate the underlying C-2 General Retail Commercial zoning, which permits a relatively broad array of uses, including various retail uses, along with a number of non-retail uses such as professional offices, financial service firms, medical offices and the like.

Red crosshatch areas represent those areas subject to the restrictions of the Commercial Overlay District. The boundaries of the Overlay District are established along certain public streets and extend for a depth of 50 feet from the front property line.

Figure 1


DESCRIPTION OF REQUEST The Applicant is a franchisee of Mathnasium Math Learning Center and currently operates locations in Kenilworth, Glenview, Lake Forest and Naperville. The Applicant proposes to locate an afterschool supplemental education math learning center in the vacant retail space at 1060 Gage Street, formerly occupied by Rib and Stitch Yarn. The center will have five (5) or six (6) employees on site during the busiest times. The center will be open after school from 3pm to 7pm and Saturday or Sunday from 10am to 4pm. The Applicant states that there will be 10 to 15 students on site per hour and that the students have one-hour appointments that are scheduled to start every 15 minutes to spread out the drop off and pick up of students. The tenant space at 1060 Gage Street measures 900 square feet in area, and it is located in the two-story mixed-use building pictured in Figure 2 below.

Figure 2 – Subject Property In lieu of a professional parking study prepared for Mathnasium, the Applicant has submitted a narrative description of their proposed use, together with a copy of a September 2017 study prepared for Figueroa Orthodontics at 1075 Gage Street, which is included in the attached application materials (Attachment B). Village Engineer Steve Saunders has evaluated the proposed Special Use and issued favorable comments to the Plan Commission in a memorandum dated February 27, 2018 (Attachment C). Mr. Saunders notes that on-street parking is currently available on Gage Street, Railroad Drive, and Green Bay Road. Additionally, off-street parking is available in the Hubbard Woods Parking Structure approximately one block north of the Subject Property. STANDARDS FOR EVALUATION Section 17.44 of the Zoning Ordinance provides a series of eleven (11) standards for the evaluation of Special Use applications within the Commercial Overlay District, which provides a framework for evaluation by the Plan Commission. The Applicant has supplied as part of their application materials a narrative addressing how this proposal complies with the eleven (11) standards.


RECOMMENDATION Draft findings have been prepared for consideration by the Plan Commission (Attachment A) based on the eleven (11) standards established by Section 17.44 of the Zoning Ordinance. Upon completion of public comment regarding the request, the Plan Commission should evaluate the request for consistency with the eleven (11) standards addressed by the Applicant and issue findings as to the petition’s consistency with those standards. The Commission may consider the eleven (11) standards and issue findings individually, or by omnibus vote. In addition, the Commission may also wish to consider if there are any conditions it may want to place on the proposed center’s operation. If the Commission chooses to place conditions as part of its recommendation, it will want to include them as part of its findings of fact. This request is subject to final approval by the Village Council. ATTACHMENTS Attachment A: Draft Findings Attachment B: Application Materials Attachment C: Village Engineer Steve Saunders’ Memo Attachment D: 2016 Downtown Master Plan excerpt


DRAFT

Findings of the Winnetka Plan Commission

Mathnasium of Winnetka 1060 Gage Street

Special Use Permit

After considering the application and testimony, the Plan Commission makes its findings as follows: That the proposed tutoring center to be located within the C2 Commercial (Retail) Overlay District [is/is not] consistent with the eleven (11) standards of Chapter 17.44 of the Zoning Ordinance, as outlined below: 1. The establishment, maintenance, and operation of the Special Use will not be detrimental to or endanger

the public health, safety, comfort, morals, or general welfare; 2. The Special Use will not be substantially injurious to the use and enjoyment of other property in the

immediate vicinity which are permitted by right in the district or districts of concern, nor substantially diminish or impair property values in the immediate vicinity;

3. The establishment of Special Use will not impede the normal and orderly development or improvement of

other property in the immediate vicinity for uses permitted by right in the district or districts of concern; 4. Adequate measures have been or will be taken to provide ingress and egress in a manner which minimize

pedestrian and vehicular traffic congestion in the public ways; 5. Adequate parking, utilities, access roads, drainage, and other facilities necessary to the operation of the

Special Use exists or are to be provided; 6. The Special Use in all other respects conforms to the applicable regulations of this and other village

ordinances and codes; 7. The proposed special use at the proposed location will encourage, facilitate and enhance the continuity,

concentration, and pedestrian nature of the area in a manner similar to that of retail uses of a comparison shopping nature;

8. Proposed street frontages providing access to or visibility for one or more special uses shall provide for a

minimum interruption in the existing and potential continuity and concentration of retail uses of a comparison shopping nature;

9. The proposed special use at the proposed location will provide for display windows, facades, signage and

lighting similar in nature and compatible with that provided by retail uses of a comparison shopping nature;

ATTACHMENT A


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10. If a project or building has, proposes or contemplates a mix of retail, office and service-type uses, and the retail portions of the project or building shall be located adjacent to the sidewalk. The minimum frontage for each retail use adjacent to the sidewalk shall be twenty (20) feet with a minimum gross floor area of four hundred (400) square feet. In addition, such retail space shall be devoted to active retail merchandising which maintains typical and customary hours of operation;

11. The proposed location and operation of the proposed special use shall not significantly diminish the

availability of parking for district clientele wishing to patronize existing retail businesses of a comparison shopping nature.

RESOLUTION

NOW THEREFORE BE IT RESOLVED that the Winnetka Plan Commission finds that the proposed Special Use Permit application for the property at 1060 Gage Street (is/is not) consistent with the standards for Special Use Permits. Passed by a vote of in favor and opposed. Date: March 20, 2018


Memorandum

To: Winnetka Plan Commission

CC: Ann Klaassen

From: Steven M. Saunders, Director of Public Works/Village Engineer

Date: February 27, 2018

Re: Special Use Permit Application – 1060 Gage Street: Mathnasium of

Winnetka

I have reviewed the Special Use permit application to allow a tutoring center (Mathnasium of Winnetka) at 1060 Gage Street, in the C2 Retail Overlay District in Hubbard Woods. The proposed location is on the south side of Gage Street just east of Green Bay Road. Among the conditions to be satisfied for a Special Use to be granted is the following:

“That adequate parking, utilities, access roads, drainage, and other facilities necessary to the operation of the Special Use exists or are to be provided;”

On-street parking is currently available on Gage Street in front of the site and across the street, on Railroad Drive, and on Green Bay Road. Off-street space is located in the Hubbard Woods Parking Structure, approximately 1 block north of the site.

Mathnasium proposes a maximum of five to six staff members onsite at any given time. Proposed office hours are from 3pm to 7pm or 8pm Monday through Friday, and from 10am to 4pm on weekends. Mathnasium of Winnetka expects to see 10 to 15 students on site per hour – a total of 40 to 60 students per day.

Mathnasium has indicated that their staff will park in the upper level of the Hubbard Woods Parking Structure, designated for employee and customer parking, which provides ample space within 1 block of the proposed special use. Customer parking is available on-street on Gage Street and on Green Bay Road, and in the upper level of the parking structure. Given this parking supply, with the limited office hours, it is my opinion that necessary parking exists to support the proposed use.

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CHAPTER 6 | LAND USE + ZONING

CODE AMENDMENTS

Recent changes to the Zoning Ordinance are recognized as a sound step in creating a development approval process more in keeping with the practices of business district users and supporting Village development objectives. Based on input from the Downtown Master Plan process and technical evaluation of the Zoning Ordinance, further code amendments are recommended. The form and purpose of those changes are outlined below. The specific changes to be adopted into the Village code are expected to be defined and drafted as a follow up to adopting this plan, as they merit further and public deliberation.

1. REDUCE / CLARIFY STANDARDS FOR ZONING ENTITLEMENT: Per the

Village Zoning Ordinance, Special Uses, Planned Unit Development, and

Variations must be considered against a set of established standards to affirm

that the proposed use or development is appropriate for the Village and the

location where it will be located. The Winnetka Zoning Ordinance has multiple

sets of standards for each of these approvals that must be addressed. In practical

application, these multiple sets of standards lack focus and can be applied

subjectively. This makes the approval process confusing for the applicant and

Village officials, and does not constructively add value to the approval process

or ultimate development. The standards should be consolidated and clarified

without diminishing the regulatory control the Village maintains over proposed

developments or its expectations for their quality.

2. REVISE THE COMMERCIAL OVERLAY DISTRICT: Winnetka’s C-2 Overlay

zoning district regulates the uses (businesses) permitted in the core parts of

the Elm Street and Hubbard Woods business districts. It permits fewer types

of businesses than the underlying C-2 District, primarily allowing retail and

personal service businesses on the first floor with the intent of supporting an

active commercial street front. However, it has been noted during the planning

process that lifestyles have changed in recent years and a notable level of

activity is also generated by other types of uses. Recognizing this change and

incorporating it into downtown zoning can advance stronger business districts.

For this regulatory tool to be better in step with the direction of this Plan, four

aspects of the C-2 Overlay should be changed, as noted on the following page.

general recommendations

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CHAPTER 6 | LAND USE + ZONING

1. PERMITTED USES:

Evaluate list of permitted uses to better reflect current

trends in downtown business

districts and potentials for

success identified in this

Plan’s Market Assessment.

The potential for “foot traffic”

generated by a broader

range of personal services

and office uses should be

reflected in the use list as

“permitted”. In some cases,

businesses that attract

activity are prohibited in the

Overlay or require a Special

Use process. This approach to

regulating downtown uses

is no longer a best practice

in light of how people’s

use of downtown business

districts have changed. In

addition, there is increased

competition for consumers’

entertainment and shopping

dollars from the surrounding

communities and the

internet.

2. SPECIAL USES:

Reduce number of uses considered as Special Uses. Best practice is to

consider Special Uses as

those that are desirable for

a district, but merit further

evaluation to address

potential adverse impacts

(points of traffic conflict,

potential nuisances, impacts

on adjacent properties,

etc.). If a particular type of

business is not a good fit

for the district because it

generates limited activity

or is contrary to the plan’s

vision, that status should be

clearly conveyed in the code

and the use not permitted.

This change should not

be seen as restricting

businesses in the overlay –

the recommendation above

suggests creating a broader

list of permitted uses – but

will create clarity in the

code.

3. OVERLAY BOUNDARY:

Evaluate the merits of narrowing the extent of the C-2 Overlay geography in the Elm

Street and Hubbard Woods

districts. In keeping with

the theme of creating

vibrant business districts,

the Overlay should be

evaluated as to whether all

areas designated support

that objective. If not, it

is appropriate to permit

the broader range of land

uses set by the underlying

C-2 District and shrink

the Overlay boundary.

Strongest commercial

activity will be located

at key intersections, sites

located farther from

such intersections may

no longer add value to

the Overlay District and

that designation can be

removed.

4. OVERLAY TITLE:

Change the C-2 Overlay District name. The most

common and appropriate

use of “overlay” zoning is

to set additional standards

that will work in concert

with the underlying district

(as is often applied with

historic preservation or

urban design criteria

to a specific part of the

community). While the C-2

Overlay does have different

standards in that it allows

fewer businesses by right,

it does not follow the

conventional application of

an overlay district. This can

be confusing to business

and property owners or

developers. The most

straightforward approach

would be to rename the

overlay as a C-3 Commercial

Core District and apply it

as a conventional zoning

district.

2. REVISE THE COMMERCIAL OVERLAY DISTRICT (CONTINUED):

q a w i

CODE AMENDMENTS


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ATTACHMENT D

WINNETKA PLAN COMMISSION 1 SPECIAL MEETING MINUTES 2

MARCH 20, 2018 3 4 Members Present: Tina Dalman, Chairperson 5

Mamie Case 6 Jack Coladarci 7 Layla Danley 8 Bridget Orsic 9 Joni Johnson 10

11 Members Absent: Chris Foley 12

Louise Holland 13 John Golan 14

15 Non-Voting Members Absent: Kirsten Ziv 16 17 Village Staff: Brian Norkus, Assistant Director of Community 18

Development 19 20 Call to Order: 21 The meeting was called to order by Chairperson Dalman at 7:04 p.m. 22 23 Chairperson Dalman introduced the meeting as being rescheduled from their regularly 24 scheduled of March 28, 2018 meeting which was properly noticed and publicized for today’s 25 date. She then stated as a matter of business, the Village Council took action to reduce the 26 number of Members on the Commission and the decision was made to limit the membership to 27 just the appointed representatives by the Village Council. Chairperson Dalman noted there 28 would no longer going to be representatives from the other taxing districts such as the Park 29 District and the Library District. He stated that means there are 9 voting members on the 30 Commission and took a roll call of the five members in attendance constituting a quorum. 31 32 Approval of February 28, 2018 Meeting Minutes 33 Chairperson Dalman then stated the next agenda item is the approval of February 28, 2018 34 meeting minutes and asked for a motion to adopt the minutes. A motion was made by Mr. 35 Coladarci and seconded by case to approve the February 28, 2018 meeting minutes. 36 Chairperson Dalman then asked if there were any objections or corrections. No comments were 37 made at this time. A vote was taken and the motion was unanimously passed. 38 39 Public Comment Time 40 Chairperson Dalman stated before they took public comment from the audience, since there is 41 a new configuration of Commission Members, she would like to recognize the long serving 42 Commission Members, Keta McCarthy, John Thomas and Matt Hulsizer and referred to their 43 time, contribution and effort to the Commission. She added they appreciated their time and 44

Agenda Packet P. 112

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ATTACHMENT E

March 20, 2018 Page 2

service. 1 2 Ms. Johnson stated it came up at the meetings that the Village Council liaison never votes. She 3 then referred to emails sent from Peter Friedman explaining how a quorum is determined and 4 that while she counted toward a quorum, she would not participate in the vote. Ms. Johnson 5 stated the question was raised during a 5 to 5 tie vote on the Commission. Mr. Norkus stated 6 the 10th member is the Village Council representative who is non-voting in all matters so there 7 would be 9 voting members and a quorum of 5 members. 8 9 Chairperson Dalman asked if there was any public comment. No comments were made by the 10 audience at this time. She then asked if there were any comments from the Commission. Mr. 11 Coladarci asked if there is going to be a discussion about the changes to the Commission. 12 Chairperson Dalman stated they would add that at the end of the meeting. 13 14 Case No. 18-04-SU: Consideration of Special Use Permit Request by Mathnasium of Winnetka 15 to Permit a Tutoring Center on the Ground Floor within the C-2 Commercial Overlay District at 16 1060 Gage Street 17 Chairperson Dalman swore in those that would be speaking to this matter. 18 19 Steve Santacruz introduced himself as the owner of Mathnasium of Winnetka and a resident of 20 Wilmette. He informed the Commission they established their first location 8 years ago, 21 explaining that the business is a math tutoring service. Mr. Santacruz noted they started off 22 with the Glenview location and have always had the idea serve the North Shore community 23 they live in. Mr. Santacruz stated that 5 years ago, they searched the Winnetka area for a 24 location, which would have been centrally located within their territory but it did not work at 25 that time. He noted that after their first attempt at Winnetka location fell through, they 26 established a location in Kenilworth, and it became their number one store in the system and 27 they have served 350 children at that location. Mr. Santacruz described the business as a math 28 foundational learning center and they teach subjects that students have not mastered yet 29 including numerical fluency without calculators. 30 31 Mr. Santacruz stated that during a process of looking at where students are coming from, and 32 stated that they serve all of Wilmette, Kenilworth, Northfield, Winnetka and part of Glencoe 33 from the Kenilworth location, and that their next location is Highland Park. He stated that there 34 are challenges serving the entire area between the Highland Park and Kenilworth locations, and 35 their mission with the new proposed location on Gage Street is to create an annex center, 36 wherein the 2000 square feet in Kenilworth would be supplemented by the additional 900 37 square feet on Gage Street. He explained that the Gage Street location would be for 38 educational purposes only and their hours are much more limited. He also stated it would be 39 staffed only by the center director prior to 3:00 p.m. He noted all of the testing, enrollment and 40 marketing activities take place at the Kenilworth location. 41 42 Mr. Santacruz with the Gage Street location, most parents would drop off the children and 43 either go home or stay in the community and shop. Mr. Santacruz stated for parking, people 44



typically want the closest space to let the children in and out, and that parents will likely not 1 want to use anything along Green Bay Road, likely opting to park on Gage Street. 2 3 Mr. Santacruz stated the space at 1060 Gage is great for them, and that they had previously 4 talked to the landlord at 1075 Gage, formerly JC Licht paint store, but that space ended up 5 going to someone, and that it was too large for their needs. 6 7 Mr. Santacruz added their hours of operation would be from 3:00 to 7:00 p.m. and they have 8 yet to decide the hours for weekends. He then stated they would operate five days a week to 9 start with no longer than a 4 hour shift. 10 11 Mr. Santacruz informed the Commission the hours would be longer in the summer and would 12 include morning hours from 10:00am to 2:00pm, and would begin again at 3:00 to 7:00 p.m. 13 14 Ms. Johnson stated that the morning hours are not noted in the application. 15 16 Chairperson Dalman asked if staff had any additional comments on the application. 17 18 Mr. Norkus stated that the meeting was noticed in accordance with the zoning ordinance with a 19 sign posted on the site as well as notices being mailed to owners within a 500 foot radius. He 20 noted no written communications have been received. Mr. Norkus then stated the building was 21 previously occupied by the Rib and Stitch Yarn retail specialty store. He noted the property is 22 located in the retail overlay district and referred to the fact there have been numerous 23 amendments to the retail overlay district in terms of boundaries and uses permitted since it 24 was established in 1987. He noted that staff recently provided the Village Council with a report 25 outlining the history of the overlay district, and comparison with neighboring communities’ 26 efforts to promote an active downtown district. Mr. Norkus indicated it is too early to predict 27 the outcome of possible amendments and that it is at the top of the Village Council's list of 28 projects. He added they would see more discussion in the weeks and months to come. 29 30 Mr. Norkus stated that in lieu of performing their own parking study, the applicant has provided 31 a copy of a recently completed parking study for Figueroa Orthodontics at 1075 Gage, and 32 addressed parking demand with a letter referencing the previous parking study from late 2017. 33 He stated that agenda materials include a memo from Village Engineer Steve Saunders, who 34 reviewed the proposed operation and data provided with regard to available parking in the 35 area. Mr. Norkus noted Mr. Saunders reviewed the submittal and submitted favorable 36 comment for the Commission's consideration. He then asked if there were any questions. 37 38 Ms. Johnson asked for additional detail on the Village Council retail overlay district discussion. 39 Mr. Norkus stated that the first meeting on the topic was held on March 13, and that there will 40 be additional discussion needed before any changes are considered. He then stated that the 41 March 13 meeting was more informational in nature. He stated the Village Council is interested 42 in making adjustments but it is too early to know what they will be. Mr. Norkus added the 43 Village staff was directed to give them more alternatives and they would consider 44



amendments. 1 2 Chairperson Dalman stated with regard to the traffic study, she asked if it is a requirement of a 3 special use to have it or if it is nice to have or was it deemed by Mr. Saunders to be adequate. 4 Mr. Norkus stated they evaluate the need on a case-by-case basis and that it depends on the 5 nature of the operation and location being considered. He indicated you can tell from the 6 submittal they were comfortable reviewing the data from Figueroa Orthodontics since it is 7 nearby and recent. Mr. Norkus then referred to the applicant's time crunch in turning around 8 the application material for it to be submitted with details to be on this agenda. 9 10 Chairperson Dalman asked it was found to be acceptable from the Village staff. She added the 11 turnaround for drop-off would be faster here. Mr. Norkus stated that if there is some additional 12 information the Commission would like before taking action, it can request additional 13 information to make its recommendation. 14 15 Ms. Danley stated parking would occur for 10 to 15 minutes, unless the parents are staying in 16 the area. She then stated in terms of Figueroa Orthodontics and other uses, she referred to 17 Minos restaurant in the evening and for this case, she asked if the parking study was completed 18 prior to Minos opening. Ms. Danley indicated it might not be big a deal and added the 19 restaurant is popular. 20 21 Chairperson Dalman stated anytime they can drive more parkers to the garage, the better it will 22 be, and that people go to surface first and lastly to the garage. She also stated Minos’ 23 customers could park in the garage but they take up street parking first out of convenience. 24 25 Ms. Johnson stated the applicant stated they will require their employees to park in the lot and 26 asked if it would be on the honor system. Mr. Norkus stated that if the Commission feels it is 27 important in order to make a favorable recommendation, it could condition its 28 recommendation on a specific condition that employees park in a specific location. He then 29 stated from the administrative standpoint it will likely be easy to achieve here given the 30 proximity of the parking structure and the affordable cost of employee parking passes. 31 32 Chairperson Dalman stated retail employees seem to park on Lincoln Avenue downtown, as an 33 example, and run to their vehicles every two hours. She stated that the parking garage is a hike 34 from Gage, and stated that they may want to take steps to make the employees use the parking 35 structure. 36 37 Mr. Santacruz noted in Kenilworth and Lake Forest, they purchase parking passes for their 38 employees and they purchase 6 or 7 permits for Kenilworth. He then referred to Green Bay 39 Road parking. 40 41 Chairperson Dalman noted her children have gone to the center in Kenilworth for 5 years and it 42 is dangerous for instructors crossing Green Bay Road at the Kenilworth location. 43 Ms. Johnson noted her son worked for their competitor. 44



1 Chairperson Dalman asked if there any other questions or concerns. 2 3 Mr. Coladarci asked Mr. Norkus if the Village monitors the parking structure. 4 5 Mr. Norkus stated that there is generally parking available throughout the day. He stated that 6 the upper level of the parking deck where employees park is not as heavily utilized as the 7 commuter parking on the lower level, so there would be no issue with the 6 employee spaces 8 which would be needed for this use. 9 10 Mr. Coladarci stated the employees on Lincoln are parking on Lincoln and it is also true in 11 Hubbard Woods. He indicated it sounded like the employees use the parking structure. 12 Chairperson Dalman stated the biggest issue would be the noon-time workers going to 13 McDonald's or Once Upon a Bagel who cannot find a place to park. She then indicated you see 14 the employees of Material Possessions and Paul Rader go to the garage and that street parking 15 is taken by contractors going to Hubbard Woods for lunch. 16 17 Mr. Norkus stated additional employees use the parking lot south of Tower Road, with the 18 Hubbard Woods parking garage used by employees of the northern edge of the district. 19 20 Mr. Santacruz stated that they also have some parents who do ride sharing with neighbors. Mr. 21 Santacruz added they also encourage customers to use parking and the neighborhood 22 businesses and there are enough spots during lunch for drop-off and pickup. 23 24 Ms. Johnson referred to the two spaces with 15 minute parking on the eastern south side of the 25 lot in front of the cleaners. Mr. Norkus indicated requests for short term parking tend to come 26 from businesses which have the shortest customer visit such as dry cleaners. He stated that 27 such spaces are not for the exclusive use of the business requesting them, and that parents of 28 Mathnasium students and students would be equally welcome to use them. 29 30 Chairperson Dalman suggested that the short term parking might be better located at the 31 middle of the block than on the far east end. 32 33 Chairperson Dalman again asked if there were any other questions. Ms. Johnson referred to the 34 window display. Mr. Santacruz informed the Commission his sister is working on that project 35 and there would be their mascot in the window and paper mache numbers to decorate space. 36 He also stated they would look for ways to utilize the space and there would also be bean bag 37 chairs for the children while they are waiting, as well as a railing system for safety. Ms. Johnson 38 commented the application is well done. 39 40 Mr. Santacruz informed the Commission the landlord is here to answer questions. 41 42 Ms. Johnson stated currently they plan for a satellite center with only instruction taking place at 43 the Hubbard Woods location, and questioned if that might change. Mr. Santacruz responded 44



that would only occur if they could find 2,000 square feet in town. He then stated there are 1 locations in Manhattan which operate in 700 to 900 square feet which he described as very 2 tight and they would like to have a more open center. Mr. Santacruz also stated they would 3 have a scheduling system like that in Kenilworth and there would be 15 minute scheduling for 4 the amount of center space. 5 6 Chairperson Dalman described it as a positive addition to Winnetka and there are high quality 7 employees at the Kenilworth location. She also stated she could see the benefits of the 8 concentration of businesses providing multiple services to parents, such as the orthodontist, 9 restaurants and ice cream shop, but acknowledging that it may be harder to park in the 10 summer. Chairperson Dalman then stated that it would be a good use and not require further 11 discussion but for the location in the retail overlay district. She described it as a good location 12 for children and it would be safe to cross at the traffic light and coming from school. 13 14 Mr. Santacruz stated the Kenilworth location has a lack of synergistic uses in that area and they 15 looked at the park and Graeter's Ice Cream which made this is a great location. 16 17 Chairperson Dalman stated it would enhance business, with some traffic issues in the summer 18 from 10:00 to 3:00. She stated that the park can help and force people out of vehicles and 19 allow for the use of parking on the full perimeter of the park. Chairperson Dalman added that 20 her children going there would not impact her vote. 21 22 Mr. Coladarci asked John Dini, 1054-1060 Gage, as the owner, how many other businesses are 23 there. Mr. Dini responded that the space to the east is occupied by a dog groomer, with the 24 only other space being the subject location. Mr. Coladarci asked how long had the 25 previous tenant, Rib and Stitch Yarn, been there. Mr. Dini responded 1½ to 2 years and the 26 space has been empty since January 1, 2018. He noted she had a difficulty due to the time and 27 lack of sales although she made a great effort to get a lot of people interested in her business 28 but the foot traffic lacked since people buy online. Mr. Dini informed the Commission the 29 operator of the yarn shop talked about leaving due to the lack of business. He informed the 30 Commission he owned the building for about 6 years and other tenants were pursued and it 31 was previously an accessory store, as well as another similar type of store before with that all 32 being short lived. 33 34 Mr. Coladarci then asked what kind of business would be successful in the two storefronts. Mr. 35 Dini responded it seemed to be service business and people cannot buy dog grooming or 36 tutoring online. He also stated it is because service businesses are most often the type of 37 businesses which come to look at the spaces. Mr. Coladarci asked Mr. Dini what the effect of 38 the retail overlay district had on his ability to market the property. Mr. Dini responded it has 39 made it very difficult. He referred to the stretch near Chase and there are so many vacancies. 40 Mr. Coladarci asked Mr. Dini what the effect of changing the retail overlay district would be and 41 allows more service businesses like they have in Hubbard Woods. Mr. Dini responded it would 42 help business with foot traffic which makes a viable and strong business community when they 43 have well operated and thought out stores and locations. He stated people would be excited 44



with full occupancy and overall, it would be a good thing. Mr. Dini indicated he realized there 1 are parking issues and they want people to shop and they are also saying the parking structure 2 is very underutilized. He informed the Commission he has a business on the second floor as well 3 as the fact they would get parking permits for their employees and the police do a good job of 4 enforcement. Mr. Dini added you see a lot of people who have been in business for 28 5 years and a thoughtful and organized type of business owner is what Hubbard Woods needs. 6 He then stated although it is a service business, it brings educated shoppers to the area in the 7 afternoon and early evening hours which would help the Japanese restaurant and that people 8 in the business would patronize the restaurants. 9 10 Mr. Coladarci stated the Commission has expressed concern with the failure to enforce or have 11 the retail overlay district affected and the end result is that they have blocks of tax preparation 12 services, bank branches, and real estate offices which are uses a landlord likes but which are 13 not necessarily positive for the Village as a whole. He stated they do see that as a potential 14 problem for Hubbard Woods and the Village as a whole to allow a service business in. Mr. 15 Santacruz agreed he saw the concern and stated first, you cannot deny the kind of changing 16 structure of retail sales in the world and it would be great to have an accessory store but the 17 need is just not there and people are shopping on Amazon. Mr. Santacruz described it as an 18 uphill battle and you can see it with the stores that have left and also the people currently 19 coming in to look at the space which he described as a great space. He also referred to parking 20 and the most important thing is to have a strong vibrant business of educated people going to 21 shops and restaurants which help businesses in the area. 22 23 Mr. Coladarci referred to the kinds of shops Winnetka would like to have such as those in 24 Evanston and Andersonville, and asked Mr. Santacruz if the lack of population density in the 25 Village is affecting them. Mr. Santacruz responded he thought so and there have been some 26 shops like that further west on Gage and the businesses did not survive there. He referred to 27 the combination of people who want to open those types of stores in Evanston and Oak Park as 28 having built-in clientele going to those neighborhoods looking for those types of shops. Mr. 29 Santacruz asked if there were any other questions. 30 31 Chairperson Dalman asked if there were any comments from the audience. No comments were 32 made by the audience at this time. She stated the Commission would now hold its deliberation. 33 Chairperson Dalman stated since the request is for service needs in the community, she is 34 surprised to hear there is no one in the audience. She then stated the request would serve the 35 demographic of people living in the community as well as serve the demographic and target 36 market spending money that would likely spend money at ancillary businesses. Chairperson 37 Dalman also stated although there would be the erosion of the retail overlay district, she would 38 support the request because it is similar to Figueroa Orthodontics. She added it is not on the 39 main street of Green Bay Road and they are not seeing a lot of applications for Green Bay Road 40 properties which represented the heart of the retail overlay district. 41 42 Ms. Orsic stated if the request was for tax preparation service, she would be far less excited and 43 referred to the children's business with children's things there like the park. Ms. Orsic also 44



referred to the limited hours and that for anyone bringing people to Graeter's Ice Cream, they 1 would see an uptick in their business. She then stated the community members always say they 2 do not want empty storefronts and a lot of children go to Mathnasium and it would be great to 3 have them closer. 4 5 Mr. Coladarci stated he also thought it would be excellent for business and a good idea. He also 6 stated the presentation was good and he understood the need for the space and the need for 7 the landlord to fill the space. Mr. Coladarci stated the applicant established how hard it is to fill 8 the space and there is certain economy difficulty being faced as a landlord. He stated the 9 ultimate concern is that at some point as they say often, applicants say people go to the other 10 businesses in the area and they do not know if they actually do. Mr. Coladarci stated he is not 11 suggesting the Commission deny them this business. 12 13 Mr. Coladarci referred to the stores which used to be there and that he missed the fact they 14 cannot do that anymore. He described it as very difficult to recover from that aspect and he 15 would like for people to spend money in the Village rather than elsewhere. Mr. Coladarci 16 questioned whether there is a way to respect the retail overlay district but still fulfill the need 17 of the people in the Village, which he described as a very difficult conflict. He concluded by 18 stating he is in favor of the special use permit. 19 20 Ms. Danley informed the Commission that her friend's children go to the Kenilworth location 21 and referred to the amount of time spent at drop-off where they are running errands. She also 22 referred to the fact it would only be for 30 minutes and with regard to adding business to 23 the community, they feed into that. Ms. Danley also stated that people would go to Walgreen's 24 and for this type of business, the problem was that everything was real estate offices but she 25 saw this as a very different business and service. 26 27 Mr. Coladarci also referred to the turnover of people coming through in a short time period for 28 children in the business which means they may stay in the area. 29 30 Ms. Case stated she is in favor of the request and all of the points raised by Mr. Coladarci were 31 well spoken. She stated they would give an overview for the Village Council to look at in terms 32 of what they would support. Ms. Case stated the only question now is Walgreen's is crazy with 33 parking. Ms. Case added the end of Hubbard Woods has become less active. 34 35 Chairperson Dalman noted Walgreen's has a parking lot. 36 37 Ms. Johnson stated she had nothing to add and for the Commission to make a recommendation 38 that the Village Council require the applicant to purchase parking passes and to use the parking 39 garage. Chairperson Dalman confirmed the applicant stated in the application they were willing 40 to do that which would give everyone comfort. She added she spent a fair amount of time in 41 the knitting store and the Commission did a good job of channeling and addressing the types of 42 questions Ms. Holland would have raised. Chairperson Dalman also stated the previous owner 43 of the store did everything including outreach to schools, etc. and it was still hard which she 44



wanted to make sure was in the record for the Village Council. She then referred to Ms. 1 Johnson’s suggestion of making it a condition to the recommendation to the Village Council 2 that employees of the business be required to park in the upper deck of the parking structure at 3 Hubbard Woods. 4 5 Chairperson Dalman then referred to Attachment A in the packet of materials and stated Case 6 No. 18-04-SU contained draft findings of fact of the Winnetka Plan Commission. She then stated 7 the suggestion is for a motion for the adoption of the draft findings with the additional 8 condition which goes to the Village Council for the recommendation that the employees of the 9 business be required to purchase parking passes and for employees to be required to park in 10 that parking structure and asked for a motion. 11 12 A motion was made by Ms. Case to make a positive recommendation to the Village Council 13 subject to the condition that employees are required to purchase parking passes for their 14 employees, and that they are required to park in the upper level of the Hubbard Woods parking 15 structure. Ms. Orsic seconded the motion. A vote was taken and the motion was unanimously 16 passed. 17 AYES: Case, Coladarci, Dalman, Danley, Orsic, Johnson (6) 18 NAYS: None (0) 19 20

Draft 21 Findings Of The Winnetka Plan Commission 22

Mathnasium Of Winnetka 23 1060 Gage Street 24

Special Use Permit 25 26 After considering the application and testimony, the Plan Commission makes its findings as 27 follows: 28 29 That the proposed tutoring center to be located within the C-2 Commercial (Retail) Overlay 30 District is consistent with the eleven (11) standards of Chapter 17.44 of the Zoning Ordinance, 31 as outlined below: 32 33 1. The establishment, maintenance and operation of the special use will not be detrimental to 34 or endanger the public health, safety, comfort, morals or general welfare; 35 36 2. The special use will not be substantially injurious to the use and enjoyment of other property 37 in the immediate vicinity which are permitted by right in the district or districts of concern, nor 38 substantially diminish or impair property values in the immediate vicinity; 39 40 3. The establishment of the special use will not impede the normal and orderly development or 41 improvement of other property in the immediate vicinity for uses permitted by right in the 42 district or districts of concern; 43 44



4. Adequate measures have been or will be taken to provide ingress and egress in a manner 1 which minimize pedestrian and vehicular traffic congestion in the public ways; 2 3 5. Adequate parking, utilities, access roads, drainage and other facilities necessary to the 4 operation of the special use exist or are to be provided; 5 6 6. The special use in all other respects conforms to the applicable regulations of this and other 7 Village ordinances and codes; 8 9 7. The proposed special use at the proposed location will encourage, facilitate and enhance the 10 continuity, concentration and pedestrian nature of the area in a manner similar to that of retail 11 uses of a comparison shopping nature; 12 13 8. Proposed street frontages providing access to or visibility for one or more special uses shall 14 provide for a minimum interruption in the existing and potential continuity of retail uses of a 15 comparison shopping nature; 16 17 9. The proposed special use at the proposed location will provide for display windows, facades, 18 signage and lighting similar in nature and compatible with that provided by retail uses of a 19 comparison shopping nature; 20 21 10. If a project or building has, proposes or contemplates a mix of retail, office and service-type 22 uses, and the retail portions of the project or building shall be located adjacent to the sidewalk, 23 the minimum frontage for each retail use adjacent to the sidewalk shall be twenty (20) feet 24 with a minimum gross floor area of four hundred (400) square feet. In addition, such retail 25 space shall be devoted to active retail merchandising which maintains typical and customary 26 hours of operation; and 27 28 11. The proposed location and operation of the proposed special use shall not significantly 29 diminish the availability of parking for district clientele wishing to patronize existing retail 30 businesses of a comparison shopping nature. 31 32

RESOLUTION 33 34

NOW, THEREFORE BE IT RESOLVED, that the Winnetka Plan Commission finds that the 35 proposed Special Use Permit application for the property at 1060 Gage Street is consistent with 36 the standards for Special Use Permits. 37 38 Passed by a vote of six (6) in favor and none (0) opposed. 39 40 Date: March 20, 2018 41 42 43 44



Title:

Presenter:



Item History:

Executive Summary:

Recommendation:

Attachments:

Resolution No. R-28-2018: Approval of Phase II Agreements for Oak and Cherry Street Bridges (Adoption)

Steven M. Saunders, Director of Public Works/Village Engineer

04/17/2018

✔

✔

✔

2018 Budgeted Item

The Village is in the process of replacing the superstructures on the Oak and Cherry Street Bridges.Phase I engineering is now complete and the project has received preliminary design approval from theFederal Highway Administration, allowing actual structural design work (Phase II Engineering) toproceed. The project qualifies for Federal funds, and now that preliminary design approval has beenreceived, the design engineering for this project is eligible for an 80% reimbursement.

In order to obtain Federal reimbursement for for Phase II Engineering, the Village must enter into aLocal Agency Agreement with the Illinois Department of Transportation (attached) that containsprovisions and conditions for the use of Federal funding for the project. In addition, the Village mustalso enter into a separate IDOT agreement for Engineering Design services for Federal Participation withthe Engineering firm, Baxter and Woodman, which completed Phase I for this project. Both of theseagreements are standard IDOT forms.

The Village will use Motor Fuel Tax funds to pay for the Village's portion of the Phase II design. Theproposed cost from Baxter & Woodman for the Phase II design work is $310,840; the Village's 20%portion will be $62,168.

Consider adopting Resolution No. R-28-2018, authorizing the Village to enter into a Local AgencyAgreement with IDOT and an Engineering Design Services agreement for the Cherry and Oak StreetBridge Phase II Design.

- Resolution No. R-28-2018- IDOT BLR Form 05310 - Local Public Agency Agreement for Federal Participation- IDOT BLR Form 05610 - Preliminary Engineering Services Agreement for Federal Participation- Copy of Phase I Design Approval Letter


April 17, 2018 R-28-2018


A RESOLUTION APPROVING A LOCAL AGENCY AGREEMENT AND PRELIMINARY ENGINEERING AGREEMENT FOR FEDERAL PARTICIPATION

IN CONNECTION WITH THE DESIGN OF IMPROVEMENTS TO THE OAK STREET AND CHERRY STREET BRIDGES

WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the

Village to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and

WHEREAS, the Village was awarded a grant of federal funds in the amount of $136,000.00 (“Phase I Grant”) for the design of improvements ("Phase I") to the Oak Street and Cherry Street bridges located within the Village (“Project”); and WHEREAS, to receive Phase I Grant funds for Phase I, the Illinois Department of Transportation (“IDOT”) required the Village to enter into a Local Agency Agreement for Federal Participation with IDOT setting forth the rights and responsibilities of the Village and IDOT in connection with the completion of the Project; and

WHEREAS, the Village completed Phase I of the Project and now desires to engage in the preliminary engineering for the Project (“Phase II”), which includes the preparation of superstructure replacement plans, specifications, and cost estimates; and

WHEREAS, the Village was awarded a grant of federal funds in the amount of $248,672

(“Phase II Grant”) for Phase II; and WHEREAS, to receive the Phase II Grant funds, IDOT requires the Village to enter into

a Local Public Agency Agreement for Public Participation with IDOT (“Local Agency Agreement”) and a Preliminary Engineering Services Agreement (“Engineering Agreement”) (the Local Agency Agreement and Engineering Agreement are, collectively, the “Agreements”) with Baxter & Woodman, Inc. (“Consultant”); and

WHEREAS, to pursuant to the terms of the Phase II Grant and the Local Agency

Agreement, up to $248,672.00 of the Phase II Project cost will be paid by the Phase II Grant funds, and up to $62,168.00 of the Phase II Project cost will be paid by the Village as a local match; and

WHEREAS, the Village Council has determined that is in the best interest of the Village to enter into the Agreements;

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Village of Winnetka, Cook County, Illinois, as follows:

SECTION 1: RECITALS. The Village Council adopts the foregoing recitals as its

findings, as if fully set forth herein.


April 17, 2018 R-28-2018

SECTION 2: APPROVAL OF LOCAL AGENCY AGREEMENT. The Village Council approves the Local Agency Agreement with IDOT in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the Village Attorney.

SECTION 3: APPROVAL OF ENGINEERING AGREEMENT. The Village

Council approves the Engineering Agreement with Consultant in substantially the form attached to this Resolution as Exhibit B, and in a final form to be approved by the Village Attorney.

SECTION 4: AUTHORIZATION TO EXECUTE AGREEMENTS. The Village

Council authorizes and directs the Village President and the Village Clerk to execute and seal, on behalf of the Village, the final Agreements.

SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and effect

from and after its passage and approval according to law.

ADOPTED this 17th day of April, 2018, pursuant to the following roll call vote:

AYES: ____________________________________________________________ NAYS: ____________________________________________________________ ABSENT: ____________________________________________________________ ABSTAIN: ____________________________________________________________ Signed ____________________________________ Village President Countersigned: _______________________________________ Village Clerk


EXHIBIT A

Local Agency Agreement


Printed 2/2/2018 Page 1 of 5 BLR 05310 (Rev. 11/06/17)

Local Public Agency

Village of Winnetka

State Contract

Day Labor

Local Contract

RR Force Account

Local Public Agency Agreement for Federal Participation

Section 15-00104-00-BR

Fund Type

STP-Br

ITEP, SRTS, or HSIP Number(s)

Construction Engineering Right-of-Way

Job Number Project Number Job Number Project Number Job Number Project Number

D-91-239-16 58C8(400)

This Agreement is made and entered into between the above local public agency, hereinafter referred to as the “LPA”, and the State of Illinois, acting by and through its Department of Transportation, hereinafter referred to as “STATE”. The STATE and LPA jointly propose

to improve the designated location as described below. The improvement shall be constructed in accordance with plans prepared by, or on behalf of the LPA, approved by the STATE and the STATE’s policies and procedures approved and/or required by the Federal Highway Administration, hereinafter referred to as “FHWA”.

Location

Local Name 1) Cherry Street Bridge, 2) Oak Street Bridge Route Off-System Length 1)0.10Mi.2)0.10

Termini 1) Over Union Pacific Railroad, 2) Over Union Pacifici Railroad

Current Jurisdiction LPA TIP Number 02-16-0011 Existing Structure No 1) 016-8256 2) 016-8257

Project Description

Phase II Preliminary Engineering for the rehabilitation of Oak Street and Cherry Street Bridges including development of design plans for bridge superstructure replacements.

Division of Cost

Type of Work STP-Br

% % LPA % Total Participating Construction ( ) ( ) ( )

Non-Participating Construction ( ) ( ) ( )

Preliminary Engineering 248672 ( 80 ) ( ) 62,168 ( 20 ) $310,840

Construction Engineering ( ) ( ) ( )

Right of Way ( ) ( ) ( )

Railroads ( ) ( ) ( )

Utilities ( ) ( ) ( )

Materials

TOTAL $ $ $ $ 310,840

*Maximum FHWA (STP-Br) participation 80% not to eceed $248,672.

NOTE:

The costs shown in the Division of Cost table are approximate and subject to change. The final LPA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment.

If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above.

Local Public Agency Appropriation

By execution of this Agreement, the LPA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to fund the LPA share of project costs. A copy of the authorizing resolution or ordinance is attached as an addendum (required for State-let contracts only)

Method of Financing (State Contract Work Only)

METHOD A---Lump Sum (80% of LPA Obligation)

METHOD B--- Monthly Payments of due by the of each successive month.

METHOD C---LPA’s Share balance divided by estimated total cost multiplied by actual progress payment.



(See page two for details of the above methods and the financing of Day Labor and Local Contracts)

Agreement Provisions

THE LPA AGREES:

(1) To acquire in its name, or in the name of the STATE if on the STATE highway system, all right-of-way necessary for this project in

accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established State policies and procedures. Prior to advertising for bids, the LPA shall certify to the STATE that all

requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LPA, and the STATE and the FHWA, if required.

(2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems.

(3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement.

(4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required.

(5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and the FHWA, the completed improvement, or that

portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above.

(6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation.

(7) To maintain, for a minimum of 3 years after final project close-out by the STATE, adequate books, records and supporting

documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LPA agrees to cooperate fully with any audit conducted by the Auditor General and the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under

the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement.

(8) To provide if required, for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement.

(9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA.

(10) (State Contracts Only) That the method of payment designated on page one will be as follows:

Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LPA will pay to the STATE within thirty (30) calendar days of billing, in lump sum, an amount equal to 80% of the LPA’s estimated obligation incurred under this Agreement. The LPA will pay to the STATE the remainder of the LPA’s obligation (including any nonparticipating

costs) within thirty (30) calendar days of billing in a lump sum, upon completion of the project based on final costs.

Method B - Monthly Payments. Upon award of the contract for this improvement, the LPA will pay to the STATE, a specified amount each month for an estimated period of months, or until 80% of the LPA’s estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LPA’s obligation

(including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs.

Method C - Progress Payments. Upon receipt of the contractor’s first and subsequent progressive bills for this improvement, the LPA will pay to the STATE within thirty (30) calendar days of receipt, an amount equal to the LPA’s share of the

construction cost divided by the estimated total cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid.

Failure to remit the payment(s) in a timely manner as required under Methods A, B, or C, shall allow the STATE to internally offset, reduce, or deduct the arrearage from any payment or reimbursement due or about to become due and payable from the STATE to LPA on this or any other contract. The STATE, at its sole option, upon notice to the LPA, may place the debt into the Illinois

Comptroller’s Offset System (15 ILCS 405/10.05) or take such other and further action as my be required to recover the debt.

(11) (Local Contracts or Day Labor) To provide or cause to be provided all of the initial funding, equipment, labor, material and services necessary to construct the complete project.

(12) (Preliminary Engineering) In the event that right-of-way acquisition for, or actual construction of, the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which the project is federally authorized, the LPA will repay the STATE any Federal funds received under the terms of this

Agreement.

(13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the project is federally authorized, the LPA will repay the STATE any

Federal Funds received under the terms of this Agreement.



(14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission (ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office.

Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT’s District Bureau of Operations.

The LPA is responsible for the payment of the railroad related expenses in accordance with the LPA/railroad agreement prior to

requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office.

Engineer’s Payment Estimates shall be in accordance with the Division of Cost on page one.

(15) And certifies to the best of its knowledge and belief its officials:

(a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency;

(b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property;

(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with commission of any of the offenses enumerated in item (b) of this certification; and

(d) have not within a three-year period preceding the Agreement had one or more public transactions (Federal, State, local) terminated for cause or default.

(16) To include the certifications, listed in item 15 above, and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment.

(17) (State Contracts) That execution of this agreement constitutes the LPA’s concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE.

(18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LPA’s certification that:

(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement;

(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions;

(c) The LPA shall require that the language of this certification be included in the award documents for all subawards at all ties

(including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

(19) To regulate parking and traffic in accordance with the approved project report.

(20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes.

(21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes.

(22) To complete this phase of the project within three (3) years from the date this agreement is approved by the STATE if this portion of

the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,000).

(23) To comply with the federal Financial Integrity Review and Evaluation (FIRE) program, which requires States and subrecipients to justify continued federal funding on inactive projects. 23 CFR 630.106(a)(5) defines an inactive project as a project which no expenditures have been charged against Federal funds for the past twelve (12) months.

To keep projects active, invoicing must occur a minimum of one time within any given twelve (12) month period. However, to ensure adequate processing time, the first invoice shall be submitted to the STATE within six (6) months of the federal authorization

date. Subsequent invoices will be submitted in intervals not to exceed six (6) months.

(24) The LPA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is

defined as verification of payment, certified time sheets or summaries, vendor invoices, vendor receipts, cost plus fix fee invoice, progress report, and personnel and direct cost summaries.and other documentation supporting the requested reimbursement amount (Form BLRS 05621 should be used for consultant invoicing purposes). LPA invoice requests to the STATE will be

submitted with sequential invoice numbers by project.



The LPA will submit to the STATE a complete and detailed final invoice with applicable supporting documentation of all incurred

costs, less previous payments, no later than twelve (12) months from the date of completion of this phase of the improvement or from the date of the previous invoice, which ever occurs first. If a final invoice is not received within this time frame, the most recent invoice may be considered the final invoice and the obligation of the funds closed.

(25) The LPA shall provide the final report to the appropriate STATE district within twelve months of the physical completion date of the

project so that the report may be audited and approved for payment. If the deadline cannot be met, a written explanation must be provided to the district prior to the end of the twelve months documenting the reason and the new anticipated date of completion. If the extended deadline is not met, this process must be repeated until the project is closed. Failure to follow this process may result in the immediate close-out of the project and loss of further funding.

(26) (Single Audit Requirements) That if the LPA expends $750,000 or more a year in federal financial assistance they shall have an audit made in accordance with 2 CFR 200. LPAs expending less than $750,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE (Office of Finance and Administration, Audit Coordination Section, 2300 South

Dirksen Parkway, Springfield, Illinois, 62764), within 30 days after the completion of the audit, but no later than one year after the end of the LPA’s fiscal year. The CFDA number for all highway planning and construction activities is 20.205.

Federal funds utilized for constructon activities on projects let and awarded by the STATE (denoted by an “X” in the State Contract field at the top of page 1) are not included in a LPA’s calculation of federal funds expended by the LPA for Single Audit purposes.

(27) That the LPA is required to register with the System for Award Management or SAM (formerly Central Contractor Registration

(CCR)), which is a web-enabled government-wide application that collects, validates, stores, and disseminates business information about the federal government’s trading partners in support of the contract award and the electronic payment processes. To register or renew, please use the following website: https://www.sam.gov/portal/public/SAM/#1.

The LPA is also required to obtain a Dun & Bradstreet (D&B) D-U-N-S Number. This is a unique nine digit number required to

identify subrecipients of federal funding. A D-U-N-S number can be obtained at the following website: http://fedgov.dnb.com/webform.

THE STATE AGREES:

(1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LPA’s certification of compliance with Titles II and III requirements.

(2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a

satisfactory bid.

(3) (Day Labor) To authorize the LPA to proceed with the construction of the improvement when Agreed Unit Prices are approved, and to reimburse the LPA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and

Engineer’s Payment Estimates in accordance with the Division of Cost on page one.

(4) (Local Contracts) For agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction work:

(a) To reimburse the LPA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LPA;

(b) To provide independent assurance sampling, to furnish off-site material inspection and testing at sources normally visited by STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE.

IT IS MUTUALLY AGREED:

(1) Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction and federal Buy America provisions.

(2) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve

the proposed improvement for Federal-aid participation within one (1) year of the date of execution of this Agreement.

(3) This Agreement shall be binding upon the parties, their successors and assigns. (4) For contracts awarded by the LPA, the LPA shall not discriminate on the basis of race, color, national origin or sex in the award and

performance of any USDOT – assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LPA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT – assisted contracts. The LPA’s DBE program, as required by 49 CFR part 26 and as approved by

USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the STATE may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for


https://www.sam.gov/portal/public/SAM/#1

http://fedgov.dnb.com/webform


enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31U.S.C. 3801 et seq.). In the absence of a USDOT – approved LPA DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE’s USDOT approved Disadvantaged Business Enterprise Program.

(5) In cases where the STATE is reimbursing the LPA, obligations of the STATE shall cease immediately without penalty or further

payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein.

(6) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of that Act exempt its application.

ADDENDA

Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement.

Number 1- Location Map, Number 2 – LPA Appropriation Resolution

(Insert Addendum numbers and titles as applicable)

The LPA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement

and all Addenda indicated above.

APPROVED APPROVED

Local Public Agency State of Illinois

Department of Transportation

Chris Rintz Name of Official (Print or Type Name) Randall S. Blankenhorn, Secretary Date

Village President, Village of Winnetka By:

Title (County Board Chairperson/Mayor/Village President/etc.) Aaron A. Weatherholt, Deputy Director of Highways Date

Omer Osman, Director of Highways/Chief Engineer Date

(Signature) Date

The above signature certifies the agency’s TIN number is Phil Kaufmann, Acting Chief Counsel Date

36-6006162 conducting business as a Governmental

Entity.

DUNS Number 010590784 Jeff Heck, Chief Fiscal Officer (CFO) Date

NOTE: If the LPA signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required.


EXHIBIT B

Engineering Agreement


of 9 BLR 05610 (Rev. 11/09/17) Printed on 3/9/2018 12:32:32 PM

Local Public Agency

Village of Winnetka County

Cook Section

15-00104-00-BR Project No.

58C8(400) Job No.

D91-239-16 Contact Name/Phone/E-mail Address

James Bernahl, PE, CFM 847.716.3261 [email protected]

L O C A L AGENCY

Preliminary Engineering Services Agreement

For Federal Participation

CONSULTANT

Consultant

Baxter & Woodman, Inc. Address

8678 Ridgefield Rd City

Crystal Lake State

IL Zip Code

60012 Contact Name/Phone/E-mail Address

Matt Washkowiak 815.459.1260 [email protected]

THIS AGREEMENT is made and entered into this day of , between the above

Local Public Agency (LPA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT. Federal-aid funds allotted to the LPA by the state of Illinois under the general supervision of the Illinois Department of Transportation (STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS.

Project Description

Name 1) Cherry Street Bridge 2) Oak Street Bridge Route Off System Length 1)0.1mi

2)0.1mi

Structure No. 016-8256 & 016-8257

Termini 1) Over Union Pacific Railroad 2) Over Union Pacific Railroad

Description Phase II (Preliminary Engineering) for superstructure replacement of the Cherry St and Oak St bridges over the Union Pacific Railroad. The Phase II includes preparation of superstructure replacement plans, specifications, and estimates at both structures.

Agreement Provisions

I. THE ENGINEER AGREES,

1. 2.

To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of engineering services for the LPA for the proposed improvement herein described. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LPA or STATE.

3. To complete the services herein described within 365 calendar days from the date of the Notice to Proceed from the

LPA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man-

hours shown in EXHIBIT A. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are indicated in Exhibit A to be performed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate with the payroll rate for the work performed.

5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the

PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein.

6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections

resulting from the ENGINEER’s errors, omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for clarification of any ambiguities.

7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER

and will affix the ENGINEER’s professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when such seal is required by law. It will be the ENGINEER’s responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE.

8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LPA.



9. The undersigned certifies neither the ENGINEER nor I have:

a. employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT,

b. agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or

c. paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT.

d. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency,

e. have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property,

f. are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (e) and

g. have not within a three-year period preceding this AGREEMENT had one or more public transactions (Federal, State or local) terminated for cause or default.

10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA. 11. To submit all invoices to the LPA within one year of the completion of the work called for in this AGREEMENT or any subsequent

Amendment or Supplement. 12. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the project (Exhibit B). 13. Scope of Services to be provided by the ENGINEER:

Make such detailed surveys as are necessary for the planning and design of the PROJECT.

Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories.

Prepare applications for U.S. Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water

Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification.

Design and/or approve cofferdams and superstructure shop drawings.

Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches).

Prepare the necessary environmental and planning documents including the Project Development Report or Environmental

Assessment, State Clearinghouse, Substate Clearinghouse and all necessary environmental clearances.

Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE.

Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation.

Prepare preliminary roadway and drainage structure plans and meet with representatives of the LPA and STATE at the site of the

improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage structures, and compliance with applicable design requirements and policies.

Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient

data for the design of the proposed improvement.

Complete the general and detailed plans, special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate.

Furnish the LPA with survey and drafts in quadruplicate all necessary right-of-way dedications, construction easements and

borrow pit and channel change agreements including prints of the corresponding plats and staking as required.



II. THE LPA AGREES,

1. To furnish the ENGINEER all presently available survey data and information

2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas:

Cost Plus Fixed Fee CPFF = 14.5%[DL + R(DL) + OH(DL) + IHDC], or CPFF = 14.5%[DL + R(DL) + 1.4(DL) + IHDC], or CPFF = 14.5%[(2.3 + R)DL + IHDC] Where: DL = Direct Labor IHDC = In House Direct Costs OH = Consultant Firm’s Actual Overhead Factor R = Complexity Factor Specific Rate (Pay per element) Lump Sum

3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409:

With Retainage

a) For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by

the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER.

b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by

the LPA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER.

c) Final Payment – Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have

been made and accepted by the LPA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER.

Without Retainage

a) For progressive payments – Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA,

monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER.

b) Final Payment – Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have

been made and accepted by the LPA and STATE, a sum o money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER.

4. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-

assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient’s DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31U.S.C. 3801 et seq.).

5. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the Local Government Professional Services Selection Act 50 ILCS 510, the Brooks Act 40USC 11, and Procurement, Management, and Administration of Engineering and Design related Services (23 CFR part 172). Exhibit C is required to be completed with this agreement.

III. IT IS MUTALLY AGREED,

1. That no work shall be commenced by the ENGINEER prior to issuance by the LPA of a written Notice to Proceed. 2. That tracings, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this

AGREEMENT shall be delivered to and become the property of the LPA and that basic survey notes, sketches, charts and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request, to the LPA or to the STATE, without restriction or limitation as to their use.



3. That all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such furnished documents shall be approved by the LPA and the STATE before final acceptance. During the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER’s possession and any such loss or damage shall be restored at the ENGINEER’s expense.

4. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties

without written consent of the LPA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement.

5. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to

verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement.

6. The payment by the LPA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services

rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or

negligent act in the prosecution of the ENGINEER’s work and shall indemnify and save harmless the LPA, the STATE, and their officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy.

8. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER’s last known

post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LPA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LPA. The LPA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination.

9. This certification is required by the Drug Free Workplace Act (30ILCS 580). The Drug Free Workplace Act requires that no grantee

or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract or grant and debarment of the contracting or grant opportunities with the State for at least one (1) year but no more than five (5) years.

For the purpose of this certification, “grantee” or “contractor” means a corporation, partnership or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: a. Publishing a statement:

(1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee’s or contractor’s workplace.

(2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will:

(a) abide by the terms of the statement; and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5)

days after such conviction. b. Establishing a drug free awareness program to inform employees about:

(1) The dangers of drug abuse in the workplace; (2) The grantee’s or contractor’s policy of maintaining a drug free workplace; (3) Any available drug counseling, rehabilitation and employee assistance program; and (4) The penalties that may be imposed upon an employee for drug violations.

c. Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace.

d. Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction.

e. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, f. Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and

indicating that a trained referral team is in place. g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act.



10. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LPA deems appropriate.

11. When the ENGINEER is requested to complete work outside the scope of the original AGREEMENT, a supplemental AGREEMENT

will be required. Supplements will also be required for the addition or removal of subconsultants, direct costs, the use of previously

unspecified staff, and other material changes to the original AGREEMENT.

Agreement Summary

Prime Consultant: TIN Number Agreement Amount

Baxter & Woodman, Inc. 36-2845242 310,060.00

Sub-Consultants: TIN Number Agreement Amount

Soil and Material Consultants, Inc. 36-3094075 780.00

Sub-Consultant Total: 780.00

Prime Consultant Total: 310,060.00

Total for all Work: 310,840.00

Executed by the LPA: Village of Winnetka

(Municipality/Township/County)

ATTEST:

By: By:

Village Clerk Title: Village President

(SEAL)

Executed by the ENGINEER:

ATTEST: Baxter & Woodman, Inc. 8678 Ridgefield Road Crystal Lake, IL 60012

By: By:

Title: Deputy Secretary Title: Vice President/COO


of 9 BLR 05610 (Rev. 11/09/17) Printed on 12/5/2017 4:36:41 PM BLR 05610 (Rev. 5/06)

Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above.

For information about IDOTs collection and use of confidential information review the department’s Identity Protection Policy.

Exhibit C

Federal Qualification Based Selection (QBS) Checklist

Local Public Agency Village of Winnetka_ Section Number 15-00104-00-BR Project Number BROS-4003(701) Job Number D-91-239-16

The LPA must complete Exhibit C, if federal funds are used for this engineering agreement and the value will exceed $25,000. The LPA must follow federal small purchase procedures, if federal funds are used and the engineering agreement has a value less than $25,000.

Form Not Applicable (engineering services less than $25,000)

1. Do the written QBS policies and procedures discuss the initial administration (procurement, management, and administration) concerning engineering and design related consultant services? Yes No

2. Do the written QBS policies and procedures follow the requirements as outlined in Section 5-5 and specifically Section 5-5.06(e) of the BLRS Manual? Yes No

If no, IDOT’s approval date: _ 3. Was the scope of services for this project clearly defined? Yes No 4. Was public notice given for this project? Yes No Due date of submittal: _ Method(s) used for advertisement and dates of advertisement: _ _ 5. Do the written QBS policies and procedures cover conflicts of interest? Yes No 6. Do the written QBS policies and procedures use covered methods of verification for suspension and debarment?

Yes No 7. Do the written QBS policies and procedures discuss the method of evaluation? Yes No Criteria for this project Weighting Criteria for this project Weighting Firm Experience and Quals_ 30 % _ % Personnel Experience and quals_ 35 % _ % Scope of Work _ 25 % _ % References, Location, Time frame_ 10 % _ % 8. Do the written QBS policies and procedures discuss the method of selection? Yes No Selection committee (titles) for this project: Director Public Works, Asst Dir of PW, Village Staff_ _ Top three consultants selected for this project in order: 1) Baxter & Woodman, Inc._ 2) Benesch_ 3) Strand_ If less than 3 responses were received, IDOT’s approval date: _ 9. Was an estimated cost of engineering for this project developed in-house prior to contract negotiation? Yes No 10. Were negotiations for this project performed in accordance with federal requirements? Yes No

11. Were acceptable costs for this project verified? Yes No LPA will rely on IDOT review and approval of costs. 12. Do the written QBS policies and procedures cover review and approving for payment, before forwarding the request

for reimbursement to IDOT for further review and approval? Yes No


http://www.idot.illinois.gov/Assets/uploads/files/Doing-Business/Laws-&-Rules/Chief-Counsel/Statement%20of%20Purpose%20for%20Collection%20of%20Identification%20Numbers.pdf

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Exhibit C does not apply. See attached Village letter

of 9 BLR 05610 (Rev. 11/09/17) Printed on 12/5/2017 4:36:41 PM BLR 05610 (Rev. 5/06)

13. Do the written QBS policies and procedures cover ongoing and finalizing administration of the project (monitoring, evaluation, closing-out a contract, record retention, responsibility, remedies to violations or breaches to a contract, and resolution of disputes)? Yes No


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Addendum #1

LOCATION MAP

CHERRY ST AND OAK ST BRIDGES OVER THE UNION PACIFIC RAILROAD

SECTION NO: 15-00103-00-BR (Cherry Street) and 15-00104-00-BR (Oak Street)

VILLAGE OF WINNETKA

PROJECT LOCATION


Consultant: Baxter & Woodman Project: Oak Street and Cherry Street Bridge Improvements

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OAK STREET AND CHERRRY STREET BRIDGE IMPROVEMENTS PHASE II ENGINEERING SERVICES

VILLAGE OF WINNETKA

EXHIBIT C SCOPE OF SERVICES

LOCATION: This project is located on the Cherry St bridge over the Union Pacific Railroad (S.N. 016-8256) and on the Oak St bridge over the Union Pacific Railroad (S.N. 016-8257), in the Village of Winnetka. PROJECT UNDERSTANDING: The Cherry St and Oak St structures are 4-span steel beam bridges over the Union Pacific Railroad. Both structures are in need of repair due to their deteriorating condition and substandard vertical clearance. Cherry St and Oak Street are classified as local streets and provide access to local traffic crossing the Union Pacific Railroad. Oak St also provides pedestrian access via stairway to the Metra station below. This project involves Phase II Design Engineering for the bridge rehabilitation of the structures. Improvements will consist of bridge superstructure replacement, approach slab replacement, stairway reconfiguration, electrical service replacement (Oak Street), and maintaining traffic with detour routes. This project will follow federal project development procedures to ensure eligibility for STP-Bridge funding. The project will be coordinated with IDOT's Bureau of Local Roads and Streets and the Federal Highway Administration for reviews. Under the STP-Bridge program, 80% is funded by Federal Aid. SCOPE OF SERVICES: 1. PROJECT INITIATION AND DATA COLLECTION

Data Review: Obtain, review and evaluate updated information provided by the UPRR and Village for use in design:

o As-Built Structural Drawings by UPRR o Approved Phase I Documentation and Project Development Report o Utility Atlases o Geotechnical Data o ROW, GIS and property data and agreements

Agency Coordination: Prepare and maintain the Project Program Information (PPI) and Project Update forms, and coordinate the status of the Project with IDOT and CMAP.


OAK AND CHERRY STREET BRIDGE IMPROVEMENTS VILLAGE OF WINNETKA

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2. TOPOGRAPHIC SURVEY

Supplemental Survey: Utilize existing survey and Phase I data for the purposes of developing Phase II plans. Supplement survey as needed for the purposes of developing and confirming the final design.

3. ALTERNATIVE ANALYSIS

Alternative Concept Development: Finalize the conceptual development of the following items: o Oak Street Bridge Accent Lighting o Aesthetic Detailing for both Oak and Cherry Bridges

4. PERMITTING AND UTILITY COORDINATION

NPDES, SWPPP, IEPA: Complete SWPPP and NOI and obtain NPDES permit from IEPA. Agency review fees are not included within this agreement and shall be paid for separately by the Village.

Railroad: Continue coordination with the Union Pacific Railroad (UPRR) and Metra for the improvement and permitting of these structures. UPRR owns the right-of-way that contains the railroad and Metra Station.

MWRD: Coordinate any underground improvements with the existing MWRD infrastructure in the area

ROW and Easement Documentation: Obtain 2 title commitments and collect boundary information for confirming final right-of-way limits. Coordinate final agreements with the Union Pacific Railroad and Metra.

Illinois Commerce Commission (ICC): Provide the following support to coordinate with the ICC and attend the hearing for a railroad clearance below 23’ o Coordinate ICC Hearing with Village attorney to file the petition to construct bridge

improvements with a clearance less than 23’. This is required by the ICC for approval. o Attend UPRR and ICC Field Diagnostic Meeting as required by the ICC prior to the hearing. 3

meetings have been estimated for this. o Coordinate and attend and ICC Hearing with the Village as the petitioner for permission to

reconstruct the superstructure with less than the desired 23’ clearance. o Complete a draft order for requiring the UPRR to comply with construction of the Village

bridges (Oak and Cherry).

Power Distribution and Fiber Optic Utility Coordination: Implement the design recommendations by the Village for staging and maintaining power to the east side of Oak Street. The power supply design will fall within the federal guidelines for STP-Bridge funding. The design is expected to utilize the existing bridge decks for cable to distribute power across the UPRR ROW.The fiber optic design and installation will be performed by New Trier High School District.

Fees: Agency review fees, and processing through variance procedures are not included in this agreement and shall be paid for separately by the Village.



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5. PRELIMINARY SITE INVESTIGATION (PSI)

a. Review existing Preliminary Environmental Site Assessment (PESA) and address

Recognized Environmental Conditions (REC’s). Determine estimated volumes and maximum depth of excavation for applicable identified sites. Fill out PESA Response Form.

It is anticipated that IDOT will complete the PSI, if necessary. 6. MEETINGS AND PUBLIC INVOLVEMENT

Meetings: The following meetings are anticipated for this project: o Village (3 total) (Alternatives, Utilities, Prefinal) o Union Pacific Railroad and Metra (3 total) o IDOT (2) (Phase II Kickoff and Review) o Individual Property Meetings (3 total): as needed

Public Meeting: Not anticipated.

Project Website: Not anticipated. 7. GEOTECHNICAL REPORT

Pavement Cores and Soil Borings: Utilize Soil and Material Consultants to clarify and append the Phase I Geotechnical Report as required by IDOT’s prefinal plan review.

8. PLAN PREPARATION

Estimate of Cost and Time: Prepare summary of quantities, estimate of time, schedules of materials and an engineer’s estimate of cost as required by IDOT.

Specifications: Prepare special provisions in accordance with IDOT guidelines to specify items not covered by the Standard Specifications for Road and Bridge Construction.

Utility Coordination: Contact J.U.L.I.E. to confirm utilities that have facilities along the project limits. Confirm utility atlas maps and plot locations and sizes of existing utilities in electronic drawings. Submit preliminary and final plans to utility companies so conflicts and relocation efforts can be identified. Provide ongoing reviews of permitting and utility relocation efforts as requested by the Village. Prepare “Status of

Utilities to be Adjusted” special provision in accordance with IDOT District 1

requirements, which provides the contractor with the duration of utility relocation work, status of utilities to be watched and protected within the project limits, and pertinent information for the contractor to develop a work schedule to meet the requirements for the project.

Contract Plans and Documents: Preliminary (60%), Pre-final (95%) and Final (100%) submittals are anticipated based on the approved Phase I. Disposition of Comments will be provided for comments received. The following plan sheets are anticipated for this project (number of sheets):



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o Title Sheet (1) o General Notes/Standards/Index of Sheets (1) o Summary of Quantities (3) o Schedule of Quantities (2) o Existing and Proposed Typical Sections (2) o Alignment, Ties, Benchmarks (2) o Sequence of Construction/Maintenance of Traffic Plan (1) o Detour Plans (2) o Existing Conditions and Removals (2) o Roadway Plan & Profile (3) o Erosion Control Plan (1) o Grading Plan (2) o ADA Ramp Details (4) o Drainage and Utilities (4) o Manhole Reconstruction/Relocation Details (2) o Pavement Marking, Landscaping and Signing Plan (2) o Traffic Signal Details for Loop Detector Replacement (2) o Bridge Lighting (2) o Bridge Underpass Lighting (4) o Bridge Lighting Details (2) o Structural Plans:

o General Plan (2) o General Data (2) o PPC Deck Beam (2 Cherry, 4 Oak) o PPC Deck Beam Details (2 Cherry, 4 Oak) o Superstructure (2) o Superstructure Details (2) o Approach Slab Details (6 Cherry, 6 Oak) o Bridge Railing Details (2) o Abutment Details (4) o Pile Details (2) o Pier Details (2) o Expansion Joint Details (2) o METRA Platform Stair Details (3)

o Soil Borings (4) o Construction Details (4) o ADA Ramp Details o District 1 Details (4) o Cross Sections (2)

9. QA/QC

Perform in-house peer and milestone reviews by senior staff during project preliminary, prefinal, and final submittals. Provide ongoing reviews of permitting and utility coordination efforts.

10. MANAGE PROJECT



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Plan, schedule, and control the activities that must be performed to complete the project including budget, schedule, and scope. Coordinate with Village and project team to ensure the goals of the project are achieved. Prepare and submit monthly invoices, coordinate invoices from sub-consultants, and provide regular updates to the Village.

Deliverables: The following is a list of anticipated final deliverables to the Village for this project: o Electronic Record of Design files including agency correspondence, Project

Development Report, Microstation files, Environmental Reports, Estimates, Exhibits, and related electronic submittals (pdf or as appropriate). Baxter & Woodman utilizes an electronic filing system in lieu of hard copies.

11. PHASE III CONSTRUCTION ASSISTANCE

Provide design assistance for the review of shop drawings and assist with interpretation of design drawings throughout construction. 50 hours have been estimated for this task.


Exhibit A

PAYROLL ESCALATION TABLEFIXED RAISES

FIRM NAME Baxter & Woodman, Inc. DATE 12/05/17PRIME/SUPPLEMENT PRIME 0.00 PTB NO. N/A

CONTRACT TERM 12 MONTHS OVERHEAD RATE 145.34%

START DATE 3/1/2018 COMPLEXITY FACTORRAISE DATE 1/1/2019 % OF RAISE 3.00%

ESCALATION PER YEAR

3/1/2018 - 1/1/2019 1/2/2019 - 3/1/2019

10 2 12 12

= 83.33% 17.17% = 1.0050

The total escalation for this project would be: 0.50%

Bureau of Design and EnvironmentI:\Crystal Lake\WINNE\150754-Oak Cherry Bridge Rehab\Contract\Phase II\EngAgreement\OakCherry_CECS.xls Printed 12/5/2017 4:42 PM


Exhibit A

SubconsultantsFIRM NAME Baxter & Woodman, Inc. DATE 12/05/17PRIME/SUPPLEMENT PRIMEPSB NO. N/A

NAME Direct Labor Total Contribution to Prime Consultant

0.00Soil & Material Cons. 780.00

0.000.000.000.000.000.00

Total 0.00 780.00

I:\Crystal Lake\WINNE\150754-Oak Cherry Bridge Rehab\Contract\Phase II\EngAgreement\OakCherry_CECS.xls


Oak Street and Cherry Street Bridge ImprovementsExhibit A

Route: Oak and Cherry Bridges *Firm's approved rates on file withLocal Agency: Village of Winnetka Bureau of Accounting and Auditing:

(Municipality)

Section: 15-00104-00-BR Overhead Rate 145.34%Project: BROS-4003(701) Complexity Factor 0.00Job No.: D-91-239-16 Calendar

Method of Compensation:Cost Plus Fixed Fee 1 14.5%[DL + R(DL) + OH(DL) + IHDC]Cost Plus Fixed Fee 2 14.5%[DL + R(DL) + 1.4(DL) + IHDC]Cost Plus Fixed Fee 3 14.5%[(2.3 + R)DL + IHDC]Specific RateLump Sum

Cost Estimate of Consultant’s Services in Dollars

SERVICES IN-HOUSEELEMENT OF WORK EMPLOYEE MANHOURS PAYROLL PAYROLL OVERHEAD BY DIRECT PROFIT TOTAL

CLASS. RATE COSTS (DL) OTHERS COSTS

Project Initiation 18 715.18 1,039.44 254.42 2,009.04Topographic Survey 30 979.57 1,423.71 40.00 354.28 2,797.57Alternative Analysis 28 1,547.94 2,249.78 550.67 4,348.39Permitting 228 10,971.77 15,946.36 195.40 3,931.46 31,044.99Preliminary Site Investigation 8 233.24 338.99 82.97 655.20Meetings See 72 See 4,201.46 6,106.41 1,494.64 11,802.51Geotech Report Payroll 2 Payroll 58.31 84.75 780.00 20.74 943.80Plan Preparation Rates 2132 Rates 85,621.64 124,442.49 53.79 30,467.10 240,585.02QA/QC 24 1,532.49 2,227.32 545.17 4,304.98Manage Project 24 1,231.08 1,789.26 437.95 3,458.29Phase III Assist 50 3,164.75 4,599.64 1,125.84 8,890.23

TOTALS 2,616 110,257.43 160,248.15 780.00 289.19 39,265.24 310,840.00

IN-HOUSE DIRECT COSTS (INCLUDED IN TOTAL COST): SERVICES BY OTHERS:VEHICLE EXPENSES - TRAVEL, 440 MI @ $0.535/MILE $235.40 Soil and Material Consultants $780.00

POSTAGE $53.79

I:\Crystal Lake\WINNE\150754-Oak Cherry Bridge Rehab\Contract\Phase II\EngAgreement\OakCherry_CECS.xls Printed 12/5/2017 4:42 PM


Exhibit A - Preliminary Engineering

AVERAGE HOURLY PROJECT RATES

FIRM Baxter & Woodman, Inc.PSB N/A DATE 12/05/17PRIME/SUPPLEMENT PRIME

SHEET 1 OF 2

PAYROLL AVG TOTAL PROJECT RATESHOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd

CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. AvgPrincipal 70.00 2 0.08% 0.05 Sr. Engineer IV 63.29 466 17.81% 11.28 2 11.11% 7.03 12 42.86% 27.13 64 28.07% 17.77 Sr. Engineer III 51.55 0 Sr. Engineer II 46.30 780 29.82% 13.81 100 43.86% 20.31 Sr. Engineer I 41.37 50 1.91% 0.79 10 55.56% 22.98 40 17.54% 7.26 Engineer III 33.65 600 22.94% 7.72 Engineer II 29.16 278 10.63% 3.10 6 33.33% 9.72 8 100.00% 29.16Engineer I 28.14 210 8.03% 2.26 18 7.89% 2.22 Sr Geologist I 51.66 0 Engineer Tech V 49.28 16 0.61% 0.30 16 57.14% 28.16 Engineer Tech IV 46.86 0 Engineer Tech III 38.17 130 4.97% 1.90 20 66.67% 25.45 Engineer Tech II 32.03 60 2.29% 0.73 Engineer Tech I 21.62 16 0.61% 0.13 10 33.33% 7.21 6 2.63% 0.57 Admin Support III 30.15 0 Admin Support II 27.30 8 0.31% 0.08 0 0 0 0 0 0 0 0 0 0 0

TOTALS 2616 100% $42.15 18 100.00% $39.73 30 100% $32.65 28 100% $55.28 228 100% $48.12 8 100% $29.16

Project Initiation Topographic Survey Alternative Analysis Permitting Preliminary Site Investigation



Exhibit A - Preliminary Engineering'

AVERAGE HOURLY PROJECT RATES

FIRM Baxter & Woodman, Inc.PSB N/A DATE 12/05/17PRIME/SUPPLEMENT PRIME

SHEET 2 OF 2

PAYROLL AVGHOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd

CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. AvgPrincipal 70.00 2 8.33% 5.83 Sr. Engineer IV 63.29 60 83.33% 52.75 240 11.26% 7.13 22 91.67% 58.02 16 66.67% 42.20 50 100.00% 63.29Sr. Engineer III 51.55 Sr. Engineer II 46.30 680 31.89% 14.77 Sr. Engineer I 41.37 Engineer III 33.65 12 16.67% 5.61 588 27.58% 9.28 Engineer II 29.16 2 100.00% 29.16 262 12.29% 3.58 Engineer I 28.14 192 9.01% 2.53 Sr Geologist I 51.66 Engineer Tech V 49.28 Engineer Tech IV 46.86 Engineer Tech III 38.17 110 5.16% 1.97 Engineer Tech II 32.03 60 2.81% 0.90 Engineer Tech I 21.62 Admin Support III 30.15 Admin Support II 27.30 8 33.33% 9.10

TOTALS 72 100% $58.35 2 100% $29.16 2132 100% $40.16 24 100% $63.85 24 100% $51.30 50 100% $63.29

Meetings Geotech Report Plan Preparation QA/QC Manage Project Phase III Assist



Exhibit A - Preliminary Engineering

PAYROLL RATESFIRM NAME Baxter & Woodman, Inc.DATE 12/05/17PRIME/SUPPLEMENT PRIMEPSB NO. N/A

ESCALATION FACTOR 0.50%

CLASSIFICATION CURRENT RATE CALCULATED RATE

Principal $70.00 $70.00Sr. Engineer IV $62.98 $63.29Sr. Engineer III $51.29 $51.55Sr. Engineer II $46.07 $46.30Sr. Engineer I $41.16 $41.37Engineer III $33.48 $33.65Engineer II $29.01 $29.16Engineer I $28.00 $28.14Sr Geologist I $51.40 $51.66Engineer Tech V $49.03 $49.28Engineer Tech IV $46.63 $46.86Engineer Tech III $37.98 $38.17Engineer Tech II $31.87 $32.03Engineer Tech I $21.51 $21.62Admin Support III $30.00 $30.15Admin Support II $27.16 $27.30

$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00

I:\Crystal Lake\WINNE\150754-Oak Cherry Bridge Rehab\Contract\Phase II\EngAgreement\OakCherry_CECS.xlsPrinted 12/5/2017 4:42 PM


COMPANY NAME:SECTION:

TODAY'S DATE:

ITEM ALLOWABLE UTILIZEW.O. ONLY

QUANTITYJ.S. ONLY

CONTRACT RATE TOTAL

Per Diem (per GOVERNOR’S TRAVEL CONTROL

BOARD) Up to state rate maximum $0.00 $0.00

Lodging (per GOVERNOR’S TRAVEL CONTROL BOARD)

Actual cost (Up to state rate maximum) $0.00 $0.00

Lodging Taxes and Fees(per GOVERNOR’S TRAVEL CONTROL BOARD)

Actual cost $0.00 $0.00

Air Fare Coach rate, actual cost, requires minimum two weeks' notice, with prior IDOT approval $0.00 $0.00

Vehicle Mileage (per GOVERNOR’S TRAVEL

CONTROL BOARD) Up to state rate maximum X 440 $0.535 $235.40

Vehicle Owned or Leased $32.50/half day (4 hours or less) or $65/full day $0.00 $0.00

Vehicle Rental Actual cost (Up to $55/day) $0.00 $0.00

Tolls Actual cost $0.00 $0.00

Parking Actual cost $0.00 $0.00

Overtime Premium portion (Submit supporting documentation) $0.00 $0.00

Shift Differential Actual cost (Based on firm's policy) $0.00 $0.00

Overnight Delivery/Postage/Courier Service Actual cost (Submit supporting documentation) X 54 $1.00 $53.79

Copies of Deliverables/Mylars (In-house) Actual cost (Submit supporting documentation) $0.00 $0.00

Copies of Deliverables/Mylars (Outside) Actual cost (Submit supporting documentation) $0.00 $0.00

Project Specific Insurance Actual cost $0.00 $0.00

Monuments (Permanent) Actual cost $0.00 $0.00

Photo Processing Actual cost $0.00 $0.00

2-Way Radio (Survey or Phase III Only) Actual cost $0.00 $0.00

Telephone Usage (Traffic System Monitoring Only) Actual cost $0.00 $0.00

CADD Actual cost (Max $15/hour) $0.00 $0.00

Web Site Actual cost (Submit supporting documentation) $0.00 $0.00

Advertisements Actual cost (Submit supporting documentation) $0.00 $0.00

Public Meeting Facility Rental Actual cost (Submit supporting documentation) $0.00 $0.00

Public Meeting Exhibits/Renderings & Equipment Actual cost (Submit supporting documentation) $0.00 $0.00

Recording Fees Actual cost $0.00 $0.00

Transcriptions (specific to project) Actual cost $0.00 $0.00

Courthouse Fees Actual cost $0.00 $0.00

Storm Sewer Cleaning and Televising Actual cost (Requires 2-3 quotes with IDOT approval) $0.00 $0.00

Traffic Control and Protection Actual cost (Requires 2-3 quotes with IDOT approval) $0.00 $0.00

Aerial Photography and Mapping Actual cost (Requires 2-3 quotes with IDOT approval) $0.00 $0.00

Utility Exploratory Trenching Actual cost (Requires 2-3 quotes with IDOT approval) $0.00 $0.00

Testing of Soil Samples* Actual cost $0.00 $0.00

Lab Services* Actual cost (Provide breakdown of each cost) $0.00 $0.00

Equipment and/or Specialized Equipment Rental* Actual cost (Requires 2-3 quotes with IDOT approval) $0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

$0.00 $0.00

TOTAL DIRECT COST $289.19

*If other allowable costs are needed and not listed, please add in the above spaces provided.

LEGENDW.O. = Work OrderJ.S. = Job Specific

Baxter & Woodman, Inc.

Direct Costs Check Sheet

PRINTED 12/5/2017 BDE 436 (Rev. 02/02/17) Agenda Packet P. 151

8 W. COLLEGE DR. ● SUITE C ● ARLINGTON HEIGHTS, IL 60004

SOIL BORINGS ● SITE INVESTIGATIONS ● PAVEMENT INVESTIGATIONS ● GEOTECHNICAL ENGINEERING TESTING OF ● SOIL ● ASPHALT ● CONCRETE ● MORTAR ● STEEL

November 8, 2017 Mr. Brandon L. Buzzell, P.E., S.E. Baxter & Woodman, Inc. 8678 Ridgefield Road Crystal Lake, IL 60012 SMC Proposal No. 16,299 Re: Oak Street & Cherry Street Bridge Rehabilitation Winnetka, Illinois Dear Mr. Buzzell: Submitted for your consideration is our proposal to provide Phase II Coordination for the Oak Street and Cherry Street Bridge Rehabilitation project located in the Village of Winnetka, Illinois. Services will be provided by a State of Illinois Licensed Professional Engineer. Billing will be at a rate of $ 130.00 /hour with out-of-office services billed portal to portal. We estimate a total of 6 hours of engineering time for an estimated total cost of $780,00, Your consideration of this proposal is appreciated. If acceptable, please execute and return one copy to our office. Questions concerning the scope of services should be directed to my attention. Very truly yours, SOIL AND MATERIAL CONSULTANTS, INC.

Thomas P. Johnson, P.E. President

Proposal Accepted By:

Client __________________________________________________________________________________

Street __________________________________________________________________________________

Town __________________________________________ State ____________ Zip Code _______________

Phone ( ) _____________________ E-Mail Address_________________________________________

Signature ___________________________________________ Position ____________________________

Printed Name ________________________________________ Date _______________________________



Title:

Presenter:



Item History:

Executive Summary:

Recommendation:

Attachments:

Environmental and Forestry Commission Green Awards

Steven M. Saunders, Director of Public Works/Village Engineer

04/17/2018

✔✔

As part of the Village's commitment to sustainability, the Environmental and Forestry Commission(EFC) administered the second annual Green Awards program this year. The program recognizesindividuals, properties and households within the community that demonstrate exceptionalcommitment to sustainable and environmentally-friendly practices.

Green Award recipients were chosen based on predetermined award categories developed by the EFC.These categories include Green Buildings, Recycling/Waste Reduction, Land, Air, Water/Stormwater,Energy, and Innovation/Other. This year, awards will be presented to the Winnetka Community House,and Jan and David Bawden of 129 DeWindt Road.

The Community House was selected for award in the Energy category for its replacement ofincandescent light bulbs with over 2,500 LED light bulbs. This project utilized a $25,624.10 incentiverebate from the Illinois Municipal Electric Agency. The improvements are estimated to reduce313,948.76 kWh of electricity annually, saving the Community House roughly $37,000 per year.

Jan and David Bawden of 129 DeWindt Road were selected for an award in the Water/Stormwatercategory for their construction of a large-scale rain garden to effectively handle groundwater runoff andsubsequently reduce flooding on their property. Jan and David also added pavers to the driveway andre-engineered it to better facilitate runoff, and created a number of French drains to collect and releaseadditional stormwater. Finally, the entire space was replanted with water-loving plants. Various drybedsand swales effectively collect and distribute stormwater and add beauty to the property.

Acknowledge 2017-2018 Green Awards to the Winnetka Community House and Jan and DavidBawden.

Winnetka Community House ApplicationJan and David Bawden Application


W INNETKA ENVIRONMENTAL

AND FORESTRY COMMISSION

Chuck Dowding, Chairperson Caryn Rosen Adelman

Barry Sylvester Rosann Park-Jones

David Varca Chris Foley

Mike Nielsen Andrew Cripe

GREEN AWARD NOMINATION

Green Awards were developed by the Village's Environmental and Forestry Commission to recognize

properties and households within Winnetka that demonstrate exceptional commitment to sustainable

and environmentally friendly practices within the Village of Winnetka.

Please complete the following information to nominate a property within Winnetka for a Green Award:

Property Address: 129 DeWindt Road. _____________ _

Owner: Jan & David Bawden _____________ _

Owner's Phone and E-mail: [email protected] 84 7-501-2025 _____ _

1. Award Category (check one):

D Green Building: Projects completed on or directly impacting a building such as LEED

Certification, solar panels, geothermal heating, use of sustainable or recycled building

materials, and use of Energy Star products.

D Recycling/Waste Reduct ion: Projects that substantially reduce waste or use of recycled

material. Such projects may include use of a composter or reusing recycled materials.

D Land: Projects that utilize or restore existing land such as native landscape planting.

D Air: Projects that reduce greenhouse gas emissions.

X Water/Stormwater: Projects that filter strormwater runoff or store stormwater on

property such bioswales, rain gardens or rain barrels.

Revised 7 /21/2016


Public Works Analyst

1390 Willow Road

Winnetka, IL 60093

Guidelines:

• You can nominate your own property or as many projects as you like, as long as you get the

owner's signature.

• The project must have been completed within the past 5 years.

• Commercial, public or private properties are eligible.

• All applications are reviewed and awarded by members of the Environmental and Forestry

Commission.

• Deadline for application is February 28, 2018. Awards are announced at the Village Council

meeting closest to April 22nd (Earth Day).

Award Criteria:

Applications will be evaluated by the Village of Winnetka Environmental and Forestry Commission based

on how well the projects or initiatives meet the following criteria:

• Positive Impact - The project must have a meaningful and demonstrable impact in Winnetka by

helping protect the environment or enhance the quality of life for residents.

• Embraces Innovation/Creativity - The project should reflect a new concept, technology, or

practice in Winnetka and should employ new ideas in the industry.

• Overcomes Challenges - The project should explain what challenges were overcome.

• Transferable - The project should be able to be replicated by others in similar situations.

• Demonstrates Initiative - The project should reflect how the individual or group took action to

move sustainability forward in their position or community.

Revised 7/21/2016


D Energy: Projects that reduce energy output such as increasing efficiency or utilizing

renewable energy.

D Innovation/Other: All other projects that do not fit into an above category.

2. Property Type (check one):

X Private

D Commercial

D Public

3. Brief Description of the Project and Benefits (use extra pages if needed): In order to more

effectively deal with groundwater runoff and subsequent flooding to our property and that of our

neighbors, created a massive rain garden in what had formerly been and overgrown woods. Various

drybeds and swales effectively collect and distribute the water and add beauty to the property.

Sculpture, lighting and the recent addition of paths further enhance the aesthetics and our (and our

neighborhood's children's) enjoyment of this formerly unused space. We also added pavers to the

driveway and re-engineered it to better facilitate run-off and created a number of French drains to

collect and release additional water. In the process, the entire space was - and continues to be -

replanted with water-loving plants. Red Spade engineered, and has gone on to replicate this concept

in a number of Winnetka homes. The project not only virtually eliminated further deterioration of

our property and that of our neighbors, but gave us a "front yard" and put the water to much better

use: watering our woods!

4. Approximate Date of Project Completion: While the project is on-going, the hardscape completion

was the Fall of 2016.

5. Name, Address, Phone Number and Email of Nominator: Jan Bawden, 129 Dewindt, 847-501-2025 _______________________________ _

6. Photos Enclosed

7. Signature of Nominator:~,......,::==--'---_? ___ <_~ __ !' _/ __ ~~-· _______________ ._-_______ _ I /

8. Signature of Property Owner: _,._,---__ -_·-_ . ....._:::::o...=~/ __ ~_e:__. __ . _?_.·~---· ~- ______ _ (

Please contact Matt Havlik with any questions at {847} 716-3550 or [email protected]

Please send this form with photos attached and other documentation to:

Matt Havlik

Revised 7/21/2016


Village Council REGULAR MEETING Village Hall 510 Green Bay Road April 17, 2018 7:00 p.m. AGENDA . 1)...

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