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HomeMy WebLinkAbout6. MANAGERS REPORT 5/16/2006 Mount P.tospect Mount Prospect Public Works Department INTEROFFICE MEMORANDUM FROM: PROJECT ENGINEER bb.~~ 5/ 1f..IO(" TO: VILLAGE MANAGER MICHAEL E. JANONIS DATE: MAY 9,2006 SUBJECT: 2006 SIDEWALK IMPROVEMENTS PROGRAM (NOT TO EXCEED $281,00 . 0) Backaround This project combines three programs: the Shared Cost Sidewalk Program, the Sidewalk Construction Program, and the sidewalk improvements that are part of the Street Resurfacing Program. The Shared Cost Sidewalk Program is a cooperative effort between the residents and the Village to share in the cost of replacing sidewalk throughout the Village. Information about the Shared Cost Program was published in the Village Newsletter, giving residents an opportunity to have sidewalk replaced at a discounted cost. This year's cost to the resident is $42.50 per sidewalk square (same cost as 2005), approximately half of the total cost of one square. This program is dependent upon resident participation. The Sidewalk Construction Program includes the installation of new sidewalk on the south side of Huntington Commons Road, east of Linneman Road, and on the east side of Linneman Road, south of Huntington Commons Road. The Street Resurfacing Program replaces uneven and otherwise deteriorated sidewalk along those streets being resurfaced this year. Biddina Results Sealed bids for the 2006 Sidewalk Improvements Program were publicly opened and read aloud on May 1, 2006 at 10:00 A.M. A Notice to Bidders was publiShed in a local newspaper as required and invitations were sent to seven contractors familiar with this program. Nine contractors submitted bids for this project. The bids ranged from a low of $285,020.00 by Strada Construction Company to a high of $656,352.50 by Alliance Contractors, Inc. The Engineer's estimate for the project was $280,812.50. Each of the bidders submitted a bid bond in the amount of 5% of the total bid as required in the Bid Proposal Packet. All bids were checked for their accuracy. No errors were found. All bidders correctly signed their bids and bid bonds. Below is a summary of the bids: Strada Construction Company D'Land Construction, LL.C. M & A Cement Work, Inc. RAI Concrete, Inc. A-Lamp Concrete Contractors, Inc. Globe Construction, Inc. Schroeder and Schroeder, Inc. Meridian Construction Company, Inc. Alliance Contractors, Inc. Engineer's Estimate $285,020.00 $290,553.05 $298,881.25 $303,177.25 $379,982.50 $396,403.90 $415,150.00 $490,407.50 $656,352.50 $280,812.50 Page 2 May 9, 2006 2006 Sidewalk Improvements Program Discussion The low bidder, Strada Construction Company, is prequalified by the Illinois Department of Transportation for concrete construction projects. They completed sidewalk projects for the Village of Mount Prospect for the last four years. In all cases their workmanship has been reported as acceptable. The 2006 Sidewalk Improvements Program combines funds available in three accounts: Shared Cost Sidewalk account, Sidewalk Construction account, and Street Resurfacing account. The Shared Cost Sidewalk budget amount is $120,000.00. This year $25,000.00 will be set aside for reimbursements to residents for the Village's share for work completed by their own contractors replacing public sidewalk in front of their homes in conjunction with driveway replacements. Therefore, the total amount available for the Shared Cost Sidewalk Project is $95,000.00. The budget for the Sidewalk Construction account is $30,000.00. The Street Resurfacing account has a total budget of $1,450,000.00 of which $156,000.00 is being applied to the replacement of sidewalk. The total budget for the 2006 Sidewalk Improvements Program is therefore $281,000.00 Recommendation The Contractor's bid is based on estimated quantities. We recommend the contract for the 2006 Sidewalk Improvements Program to be awarded to the low bidder, Strada Construction Company in an amount not to exceed $281,000.00 to cover the full amount budgeted for the program. Funding for this project is under the following Account Code Numbers: 0015104-690004, Page 206; Shared Cost Sidewalk Program - $95,000.00 5107702-690003, Page 286; Sidewalk Construction - $30,000.00 5607706-690084, Page 289; Street Resurfacing - $156,000.00 Please include this item on the May 16th Village Board Meeting Agenda. D~~1. ~^-- Donna M. Brown I concur with the above recommendation. cc: Village Clerk Lisa Angell H:\Engineering\Sidewalk\2006\ShareCost\rec_memo.doc Mount Prospect INTEROFFICE MEMORANDUM Village of Mount Prospect Mount Prospect, Illinois TO: FROM: VILLAGE MANAGER MICHAEL E. JANONIS ASSISTANT VILLAGE MANAGER ~~ ~/I "/0(,,, DATE: MAY 10, 2006 SUBJECT: ADMINISTRATIVE ADJUDICATOR CONTRACT FOR SERVICES The Village Board approved several ordinances over the past month establishing an Administrative Adjudication process as an alternative to the Cook County Court system to hear and rule on local violations. The process of establishing this system entailed significant assistance from Environmental Health Manager, Bob Roels and computer programming services to set up an electronic tracking and reporting system. The administrative tracking systems are currently in the final stages of testing with an anticipated start date in June for the first administrative adjudication hearing. Staff undertook a recruitment for a hearing officer, referred to as the Administrative Law Judge (ALJ) in the ordinances. This recruitment was undertaken through an RFP solicitation of other hearing officers that perform similar tasks in other communities. Three attorneys responded and were interviewed by the Village Manager, Assistant Village Manager, and Village Attorney to determine expertise and best fit for Mount Prospect. Staff would recommend the Village enter into a contract for services with David G. Eterno to function as the Administrative Law Judge for the Village's Administrative Adjudication process. Attached is a copy of the proposed agreement for Village Board consideration. If the agreement is acceptable the first hearing date would be set for mid to late June. In anticipation of the hearing there will be some mock hearings with the ALJ and staff to test the electronic procedures prior to the first live hearing. - ~~~~/Lf David Strahl H:WllM\Admin AdjudicationWB Memo Requesting Approval of Contract for Services. doc INDEPENDENT CONTRACTOR AGREEMENT BETWEEN DAVID ETERNO AND VILLAGE OF MOUNT PROSPECT THIS INDEPENDENT CONTRACTOR AGREEMENT is made and entered into as of this day of _ .2006 (the "Effective Date"), by and between DAVID ETERNO (the "Administrative Law Judge") and THE VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation ("Village"). WITNESSETH: WHEREAS, the Village is an Illinois municipal corporation; and WHEREAS, David Etemo is an attorney licensed to practice law in the State of Illinois, in good standing; and WHEREAS, the Village desires to retain the services of an Administrative Law Judge, not as an employee but as an independent contractor, to preside over hearings conducted by the Office of Administrative Hearings of the Village; and WHEREAS, the Administrative Law Judge desires to be retained by the Village in such capacity in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration ofthe premises and mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of such consideration are hereby acknowledged, the parties agree as follows. Section 1. Retention. Subject to the provisions of this Agreement, the Village hereby retains David Etemo and David Etemo hereby accepts retention by the Village to perform the duties of the Administrative Law Judge as described in the Village Municipal Code of Mount Prospect ("Village Code"). The Administrative Law Judge shall act at all times as an independent contractor and not as an employee ofthe Village. The Village and the Administrative Law Judge shall reasonably establish on what days the Administrative Law Judge shall perform his duties. Section 2. Administrative Law Judl!:e's Duties and Responsibilities. All duties of the Administrative Law Judge as set forth in the Village Code including, but not limited to: 1. Presiding over and adjudicate hearings conducted within the Office of Administrative Hearings regarding Village Code violations, held pursuant to Chapter 8 of the Village Code and 65 ILCS 5/1-2.1, et seq., and 625 ILCS 5/11-208.3, et seq.; 2. Reviewing and providing input on notices, documents, and processes used in the Village's system of administrative hearings; 1 3. Performing any and all other tasks which are necessary, incidental, or helpful to the Administrative Law Judge's duties and hearing process under the ordinance and to his obligations as imposed by this contract and by the Illinois Rules of Professional Conduct; 4. Demonstrate continuous effort to improve and! or uphold hearing procedures, and work cooperatively and jointly to provide for the fair and efficient conduct of hearing for the citizens of Mount Prospect and all other persons and entities appearing before the Administrative Law Judge. Section 3. Nature of Aereement. The parties acknowledge and agree that the Administrative Law Judge will be retained as an independent contractor of the Village, not as an employee. Since the Administrative Law Judge is retained as the Village's independent contractor, the Administrative Law Judge is solely responsible for his actions and inactions and nothing in this Agreement shall be construed to create an employee relationship between the parties. The Administrative Law Judge is not authorized to enter into contracts or agreements on behalf of the Village or to otherwise create obligations of the Village to third parties. Nothing contained in this Agreement shall be construed to create a relationship of employer and employee, master and servant, principal and agent, or partners or co-venturers between the Village and the Administrative Law Judge, or between the Administrative Law Judge and any employee or agent of the Village. Without limiting the generality of the foregoing: (a) Taxes and Other Oblig:ations. The Administrative Law Judge shall report for Federal and state income tax purposes all amounts received by him under this Agreement as income. The Administrative Law Judge shall have sole responsibility for the withholding of all Federal and state income taxes, unemployment insurance tax, social security tax, and other withholding with respect to payments made under this Agreement. The Administrative Law Judge shall not be entitled to any employment benefits of any kind provided by the Village to its employees including, but not limited to, vacation pay, sick leave pay, retirement plan and related benefits, social security, workers' compensation insurance, disability insurance, employment insurance benefits, and other benefits of any kind provided by the Village to its employees; The Administrative Law Judge expressly waives any and all rights to such benefits. The Administrative Law Judge expressly acknowledges the Administrative Law Judge's obligation to pay self-employment (if required by law), local, state and Federal taxes, and expressly agrees to make all such payments as may be required by applicable law. The Administrative Law Judge acknowledges that the Village will report compensation paid to the Administrative Law Judge on a Form 1099 (if required by law) at the end of the year during which the Administrative Law Judge's services were provided. The Administrative Law Judge shall indemnify and hold the Village harmless from any and all loss or liability (including reasonable attorney's fees and costs) arising from the Administrative Law Judge's failure to withhold for Federal and state tax purposes amounts paid under this Agreement, in the event the Internal Revenue Service or any other governmental agency should question or challenge the independent contractor status of the Administrative Law Judge. (b) Governmental Review. In the event the Internal Revenue Service or any other governmental agency shall, at any time, question or challenge the independent contractor relationship between the Village and the Administrative Law Judge, both the Village and the Administrative Law Judge, upon receipt by either of them of notice from the Internal Revenue Service or any other governmental agency, shall promptly notify the other party and afford the other party the opportunity to participate in any discussion or negotiation with the Internal Revenue Service or other governmental agency, irrespective 2 of with or by whom such discussions or negotiations are conducted or initiated. The other party shall participate in any such discussions or negotiations to the extent permitted by the Internal Revenue Service or other governmental agency. The provisions of this Section 3(b) shall apply only to issues arising from the independent contractor relationship herein and not to any other tax matter involving either party. Section 4. Term of Retention. The term of the Administrative Law Judge's retention hereunder shall commence on the Effective Date and will continue until terminated by either party upon sixty (60) days prior written notice to the other party, unless earlier terminated as provided herein (the "Term"). In addition, the Village may immediately terminate the Term at the discretion of the Village Manager. Section 5. Compensation. During the Term, for all services rendered by the Administrative Law Judge pursuant to this Agreement, the Village shall compensate the Administrative Law Judge for professional services rendered under this Agreement One Hundred Twenty Five and 001100 ($125.00) Dollars per hour of service performed. The Administrative Law Judge shall be responsible for submitting monthly timesheets and invoices of services performed for review and approval by the Village. The Village shall pay the Administrative Law Judge within thirty (30) calendar days after submission of the invoice. Notwithstanding anything contained herein to the contrary, the Village's obligation to pay any compensation pursuant to this Agreement shall cease upon termination of the Term for any reason or no reason, provided, the Village shall pay the Administrative Law Judge all compensation which accrues through the date of termination ofthe Term. Section 6. Administrative Law Judee's Representations and Warranties. The Administrative Law Judge represents and warrants to the Village that the Administrative Law Judge (a) is duly licensed and in good standing in the State of Illinois as an attorney; (b) has no knowledge of any administrative proceedings or other matters which would affect his licensure within the State of Illinois, (c) agrees that ifhis license is suspended or terminated by the Attorney Registration and Disciplinary Commission, this contract will be immediately terminated, and (d) agrees the forgoing representations shall be a continuing obligation. Section 7. Villaee's Representations and Duties. The Village represents and warrants to the Administrative Law Judge (a) to provide the Administrative Law Judge with copies of, or full access to, all pertinent Village ordinances; (b) to provide the Administrative Law Judge with copies of all relevant policies, rules and regulations regarding the adjudication of all matters to be heard by the office of Administrative Hearings; ( c) to provide the Administrative Law Judge reasonable access to all pertinent documents and records for use in rendering administrative hearing decisions; and (d) to provide the Administrative Law Judge with appropriate facilities and support staff and security to conduct hearings and facilitate the fair efficient conduct of such hearings. Section 8. Notices. Any and all notices, demands, requests, consents, designations and other communications required or desired to be given pursuant to this Agreement will be given in writing and will be deemed duly given upon personal delivery, or on the third day after mailing if sent by certified mail, postage prepaid, return receipt requested, or on the day after deposit with a nationally recognized overnight delivery service which maintains records of the time, place and receipt of delivery, or upon receipt of a confirmed facsimile transmission, and in each case to the person and address set forth below, or to such other person or address which the Village or the Administrative Law Judge may respectively designate in like manner from time to time. 3 Section 9. Governin2 Law. This Agreement shall be subject to and governed by the laws of the State of Illinois. The Administrative Law Judge and the Village irrevocably agree and hereby consent and submit to the exclusive jurisdiction of the Circuit Court of Cook County, Illinois, Third District with regard to any actions or proceedings arising from, relating to or in connection with this Agreement. The Administrative Law Judge and the Village hereby waive their respective right to transfer or change the venue of any litigation filed in the Circuit Court of Cook County, Illinois, Third District. Section 10. Severabilitv. If any provision contained in this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such provision will be severed herefrom and such invalidity or unenforceability will not affect any other provision of this Agreement, the balance of which will remain in and have its intended full force and effect; provided, however, if said invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter oflaw, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law. Section 11. Entire A2reement. This Agreement constitutes the entire agreement between the Village and the Administrative Law Judge with respect to the subject matter hereof, and supersedes any and all prior and contemporaneous oral or written agreements between the Village and the Administrative Law Judge with respect to the subject matter hereof. Section 12. Interpretation. This Agreement has been prepared jointly by the parties hereto after arms length negotiations, and any uncertainty or ambiguity herein shall be interpreted against any party, but according to the applicable rules of construction and interpretation of contracts. Section 13. Waiver. No waiver of any provisions of this agreement shall be valid, unless in writing and signed by the person or party to be charged. Section 14. Amendment. No change or modification of this Agreement shall be valid unless the same may be in writing and signed by the Administrative Law Judge and the Village. Section 15. Recitals. The recitals set forth at the beginning of this Agreement are hereby incorporated into and made a part of this Agreement as if fully set forth herein. IN WITNESS WHEREOF, the Village and the Administrative Law Judge have executed this Agreement as of the date first written above. VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation By: By: Name: David Eterno Name: Michael Janonis Its: Village Manager ATTEST: By: Its: Village Clerk 4