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Home My WebLink About6. New Business 04/15/2014Village of Mount Prospect M°U°tProsrwet Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MARCH 28, 2014 SUBJECT: PZ -04 -14 /122 S. WILLE ST. / CONDITIONAL USE (DWELLING UNIT ON GROUND FLOOR) The Petitioner is seeking Conditional Use approval to allow a dwelling unit on the ground floor for the property located at 122 S. Wille Street. The existing single - family home measures approximately 1,400 square feet in area and consists of two bedrooms. The Petitioner would like to construct a two -story building addition to accommodate a family of five (5). The floor plans indicate the first floor would consist of a great room, kitchen, study room, dining room, and living room. The second floor would consist of a loft area and four bedrooms, including the master. The Subject Property is zoned B5 Central Commercial District. Dwelling units located above the first floor are permitted. However, dwelling units located on the ground floor require Conditional Use approval. Therefore, Conditional Use approval for a dwelling unit located on the ground floor is required in order to allow the two -story building addition. The Planning & Zoning Commission conducted a public hearing to review the request on Thursday, March 28, 2014, and by a vote of 6 -0, recommended approval of a Conditional Use to allow a dwelling unit located on the ground floor at the property located at 122 S. Wille Street, subject to the following conditions of approval: 1) Use of the property as a single - family residence /structure only. 2) Development of the site in general conformance with the site plan prepared by Shawn Purnell, dated February 22, 2014, but revised to illustrate all of the existing and proposed improvements; 3) Development of the space in general conformance with the floor and elevations plans prepared by Shawn Purnell, dated February 22, 2014. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their April 15, 2014 meeting. Staff will be present to answer any questions related to this matter. William J. Cooney, Jr., AICP \ \VflWhlhcdSVLAN\Plnnning &Zoning COMM\P &Z 201AME1 MmnoOZ- 04- 14122S Wille Sl(CU -DU on Ground Floor) docz MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -04 -14 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: PIN NUMBER: REQUEST MEMBERS PRESENT: MEMBERS ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTIES: Hearing Date: March 27, 2014 122 S. Wille Street Jingu Kim March 12, 2014 08 -12 -113- 020 -0000 Conditional Use approval to allow dwelling unit on the ground floor Joseph Donnelly, Chair Tom Fitzgerald William Beattie Keith Youngquist Jacqueline Hinaber Jeanne Kueter Sharon Otteman Consuelo Andrade, Senior Planner Jingu Kim Chairman Donnelly called the meeting to order at 7:30 pm. Commissioner Hinaber made a motion, seconded by Commissioner Beattie to approve the minutes of the January 23, 2014 Planning and Zoning Commission Meeting; the minutes were approved 5 -0 with one Commissioner abstaining. After hearing one additional case, Chairman Donnelly introduced Case PZ- 04 -14, 122 S. Wille Street and stated the case was Village Board final. Ms. Andrade stated the Petitioner for PZ -04 -14 is seeking Conditional Use approval to allow a dwelling unit on the ground floor for the property located at 122 S. Wille Street. Ms. Andrade stated the Subject Property is located at the northwest corner of the intersection of Evergreen Avenue and Wille Street, and currently contains a single- family residence. She further explained the Subject Property is zoned B5 Central Commercial and is bordered by the RA Single Family District to the west and south, and the B5 Central Commercial to the north and east. Ms. Andrade explained that the existing single - family home measures approximately 1,400 square feet in area and consists of two bedrooms. She explained that the home dates back to the 1940s when the property was zoned single - family residential. The Subject Property was then rezoned to B5 Central Commercial in the 1990s. Joseph Donnelly, Chair PZ -04 -13 Planning and Zoning Commission Meeting March 27, 2014 Ms. Andrade stated the existing single - family residential land use was considered nonconforming because of the current zoning. Dwelling units located above the first floor are pennitted. However, dwelling units located on the ground floor require Conditional Use approval. The Village Code does not permit a nonconforming use to be extended, expanded, enlarged or increased in intensity in any building or structure. Therefore, Conditional Use approval for a dwelling unit located on the ground floor was required in order to allow the two -story building addition. Ms. Andrade stated that the Petitioner would like to enlarge the home by construction a two -story building addition in the rear which would consist of a great room, kitchen, study room, dining room, and living room. The second floor of the addition would consist of a loft area and four bedrooms, including the master. Ms. Andrade stated that the elevation plans indicated the building materials for the addition would be consistent with the existing home. She further explained that the addition would be constructed out of brick and would include a shingled roof. Each elevation would include several windows including a sliding glass door that would lead to a concrete stoop. Ms. Andrade stated that the front entrance would be located on Evergreen Avenue and would also lead to a new concrete stoop. Ms. Andrade showed the table below comparing the Petitioner's proposal to the B5 District requirements. Ms. Andrade stated that since there are no existing buildings on Wille Street and the Subject Property is zoned B5, there are no front or side yard setback requirements applicable to the Subject Property. Ms. Andrade further explained that there is a transitional rear yard setback requirement because the Subject Property abuts single - family residential to the west. The Village Code requires a rear yard setback equal to the height of the building, which the proposed building addition would comply. She stated the B5 District does not have a lot coverage limitation. Ms. Andrade explained the standards for Conditional Uses are listed in Section 14.203.17.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional use which consists of The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; Joseph Donnelly, Chair PZ -04 -13 Planning and Zoning Commission Meeting March 27, 2014 B5 Requirements Existing Proposed Setbacks: Front (E) N/A 31' No Change Exterior Side (S) N/A 15' 15' Interior Side (N) N/A No setback No setback Rear (W) 23' Min. (transitional setback) 100' 66' Height 35' Max. 21' 23' Lot Coverage N/A 27% 42% Density 16 DU /acre 5.549 DU /acre No change Ms. Andrade stated that since there are no existing buildings on Wille Street and the Subject Property is zoned B5, there are no front or side yard setback requirements applicable to the Subject Property. Ms. Andrade further explained that there is a transitional rear yard setback requirement because the Subject Property abuts single - family residential to the west. The Village Code requires a rear yard setback equal to the height of the building, which the proposed building addition would comply. She stated the B5 District does not have a lot coverage limitation. Ms. Andrade explained the standards for Conditional Uses are listed in Section 14.203.17.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional use which consists of The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; Joseph Donnelly, Chair PZ -04 -13 Planning and Zoning Commission Meeting March 27, 2014 The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and The request is in compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. Ms. Andrade stated the Petitioner indicated the existing home is the smallest house in the neighborhood and does not accommodate a family of five (5). The building addition would provide the extra living space needed for the family. Ms. Andrade stated that Staff was supportive of the Conditional Use to allow a dwelling unit on the ground floor as the existing land use is not changing. The existing land use would remain as a single - family residential. She further explained that the proposed improvements would not affect the character of the neighborhood and would be consistent with the single - family homes located to the west of the Subject Property. Ms. Andrade stated that granting a Conditional Use to allow dwelling units on the ground floor has the potential to permit high density multi - family residential in the future, because of this, staff recommended limiting the Conditional Use to a single - family residence /structure only. Ms. Andrade stated that Staff found the Conditional Use request met the standards and that granting the request would be in the best interest of the Village. Based on the findings, Staff recommended that the Planning and Zoning Commission recommend approval of the following motion: A. Conditional Use to allow a dwelling unit located on the ground floor at the property located at 122 S. Wille Street, subject to the following conditions of approval: 1) Use of the property as a single - family residence /structure only. 2) Development of the site in general conformance with the site plan prepared by Shawn Purnell, dated February 22, 2014, but revised to illustrate all of the existing and proposed improvements; and 3) Development of the space in general conformance with the floor and elevations plans prepared by Shawn Purnell, dated February 22, 2014." Ms. Andrade stated that the Village Board's decision is final for this case. Commissioner Youngquist asked Staff why the Petitioner did not rezone the property to residential. Ms. Andrade stated that if the Subject Property were zoned residential there would be additional non - conformities. Commissioner Youngquist asked what the setbacks would be if a garage were to be constructed where the existing parking pad currently is now. Ms. Andrade stated that a garage would be subject to the accessory structure setback regulations and have a lot coverage limitation. Chairman Donnelly stated that the Petitioner didn't rezone the property; the Village had rezoned the property to B5. Chainnan Donnelly swore in the Petitioner Jingu Kim 122 S. Wille Street. Mr. Kim stated that he has been a resident of Mount Prospect since 2007. He stated that the house was built in the 1940's and is showing signs of deterioration, which is why he wants to make the improvements. Joseph Donnelly, Chair PZ -04 -13 Planning and Zoning Commission Meeting March 27, 2014 Chairman Donnelly asked the Petitioner if he understood that the condition included the fact the property will stay a single - family home even though it is zoned for business. Mr. Kim stated that he understood the conditions. Commissioner Donnelly asked the Petitioner if he plans to put a garage on the property. Mr. Kim stated that he has already added a parking pad on the property when he first purchased the home and that he doesn't have any plans to build a garage in the near future. Chairman Donnelly asked if there was anyone else in the audience that was present to discuss the case. Hearing none he closed the discussion part of the hearing and brought it back to the board. Hearing no further discussion from the board; Commissioner Beattie made a motion seconded by Commissioner Fitzgerald to "Approve ": A. Conditional Use to allow a dwelling unit located on the ground floor at the property located at 122 S. Wille Street, subject to the following conditions of approval: 1) Use of the property as a single - family residence /structure only. 2) Development of the site in general conformance with the site plan prepared by Shawn Purnell, dated February 22, 2014, but revised to illustrate all of the existing and proposed improvements; and 3) Development of the space in general conformance with the floor and elevations plans prepared by Shawn Purnell, dated February 22, 2014." UPON ROLL CALL AYES: Fitzgerald, Beattie, Youngquist, Hinaber, Kueter, Donnelly NAYS: None Chairman Donnelly stated that the Petitioner has a positive recommendation to the Village Board whose decision is final for the case. After hearing one (1) additional case Commissioner Beattie made a motion seconded by Commissioner Keueter and the meeting was adjourned at 9:50 pm. Jenna Moder Administrative Assistant Joseph Donnelly, Chair PZ -04 -13 Planning and Zoning Commission Meeting March 27, 2014 Village of Mount Prospect Mount Prospect Community Development Department CASE SUMMARY — PZ- 04 -14 LOCATION: 122 S. Wille Street PETITIONER: Jingu him OWNER: Jingu Kim PIN 9: 08 -12 -113 -020 -0000 LOT SIZE: 0.18 acres (7,850 sq.ft.) ZONING: B5 Central Commercial LAND USE: Single- Family Residence REQUEST: Conditional Use approval to allow dwelling unit on the ground floor LOCATION MAP m x C - x C r m x C U. 768E 13 2 � Z l .. %V EVERGREEN A!! .... _ S^ ` ki r .. r m -`_ Village of Mount Prospect M�r Community Development Department MEMORANDUM TO: FROM: DATE: HEARING DATE: SUBJECT: BACKGROUND MOUNT PROSPECT PLANNING & ZONING COMMISSION JOSEPH P. DONNELLY, CHAIRPERSON CONSUELO ANDRADE, SENIOR PLANNER MARCH 13, 2014 MARCH 27, 2014 PZ -04 -14 / 122 S. WILLE ST. / CONDITIONAL USE (DWELLING UNIT ON GROUND FLOOR) / KIM RESIDENCE A public hearing has been scheduled for the March 27, 2014 Planning & Zoning Commission meeting to review the application by Jingu Kim (the "Petitioner "), regarding the property located at 122 S. Wille Street (the "Subject Property "). The Petitioner is seeking Conditional Use approval to allow a dwelling unit on the ground floor. The P &Z Commission hearing was properly noticed in the March 12, 2014 edition of the Journal Topics Newspaper. In addition, Staff completed the required written notice to property owners within 250 -feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located at the northwest corner of the intersection of Evergreen Avenue and Wille Street, and currently contains a single - family residence. The Subject Property is zoned B5 Central Commercial and is bordered by the RA Single Family District to the west and south, and the B5 Central Commercial to the north and east. SUMMARY The existing single - family home measures approximately 1,400 square feet in area and consists of two bedrooms. The Petitioner would like to construct a two -story building addition. The floor plans indicate the first floor would consist of a great room, kitchen, study room, dining room, and living room. The second floor would consist of a loft area and four bedrooms, including the master. The existing single - family home dates back to the 1940s when the property was zoned single - family residential. The Subject Property was rezoned to B5 Central Commercial in the 1990s. Because the current zoning is B5 Central Commercial District, the existing single - family residential land use is considered nonconforming. Dwelling units located above the first floor are pennitted. However, dwelling units located on the ground floor require Conditional Use approval. The Village Code does not permit a nonconforming use to be extended, expanded, enlarged or increased in intensity in any building or structure. Therefore, Conditional Use approval for a dwelling unit located on the ground floor is required in order to allow the two -story building addition. PZ -04 -14 Planning & Zoning Commission meeting March 27, 2014 Page 3 Per the Petitioner's plans, the building addition would be located at the rear of the existing home. Although not illustrated on the proposed site plan, the existing parking pad located at the west end of the Subject Property would continue to be used to provide off - street parking. The elevation plans indicate the building materials for the addition would be consistent with the existing home. The addition would be constructed out of brick and would include a shingled roof. Each elevation would include several windows. The rear elevation would also include a sliding glass door that would lead out to a concrete stoop. The exterior side yard elevation indicates a new entry door and concrete stoop. The existing doors located on the east and south elevation would remain in place. The height of the building would measure twenty three (23) feet, as measured to the midpoint. GENERAL ZONING COMPLIANCE Since there are no existing buildings on Wille Street and the Subject Property is zoned B5, there are no front or side yard setback requirements applicable to the Subject Property. However, there is a transitional rear _yard setback requirement because the Subject Property abuts single - family residential to the west. The Village Code requires a rear yard setback equal to the height of the building, which the proposed building addition would comply. The B5 District does not have a lot coverage limitation. The following table compares the Petitioner's proposal to the B5 District's requirements: The proposed site plan does not include all of the existing and proposed improvements. It does not illustrate the existing parking pad or the proposed concrete stoops and walk. A revised site plan will be required as part of the building permit process. This comment is included as part of the Staff Report in an effort to ensure the Petitioner submits an updated site plan as part of the building permit application process. COMPREHENSIVE PLAN DESIGNATION The Village Comprehensive Plan designates the Subject Property as Central Commercial, which calls for "a dense, intensive land use pattern focusing on an urban style of development and architecture." The plan further notes that the Central Commercial area should contain a mix of land uses. CONDITIONAL USE STANDARDS The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; B5 Requirements Existing Proposed Setbacks: Front (E) N/A 31' No Change Exterior Side (S) N/A 15' 15' Interior Side N N/A No setback No setback Rear (W) 23' Min. (transitional setback) 100' 66' Height 35' Max. 21' 23' Lot Coverage N/A 27% 42% Density 16 DU /acre 5.549 DU /acre No change The proposed site plan does not include all of the existing and proposed improvements. It does not illustrate the existing parking pad or the proposed concrete stoops and walk. A revised site plan will be required as part of the building permit process. This comment is included as part of the Staff Report in an effort to ensure the Petitioner submits an updated site plan as part of the building permit application process. COMPREHENSIVE PLAN DESIGNATION The Village Comprehensive Plan designates the Subject Property as Central Commercial, which calls for "a dense, intensive land use pattern focusing on an urban style of development and architecture." The plan further notes that the Central Commercial area should contain a mix of land uses. CONDITIONAL USE STANDARDS The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; PZ -04 -14 Planning & Zoning Commission meeting March 27, 2014 Page 4 The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and The request is in compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. Per the Petitioner, the existing home is the smallest house in the neighborhood and does not accommodate a family of five (5). The building addition would provide the extra living space needed for the family. The Petitioner points out the proposal to would be consistent with the existing residential land use and neighborhood. Therefore, it would not be detrimental to the public or adj acent properties. Staff is supportive of the Conditional Use to allow a dwelling unit on the ground floor as the existing land use is not changing. The existing land use would remain as single - family residential. The proposed improvements would not affect the character of the neighborhood and would be consistent with the single - family homes located to the west of the Subject Property. The two -story building addition would be designed to blend in with the existing building style and materials. Further, the existing utilities and access /egress would be maintained. Since granting a Conditional Use to allow dwelling units on the ground floor has the potential to permit high density multi - family residential in the future, staff recommends limiting the Conditional Use to a single - family residence /structure only. RECOMMENDATION Staff finds that the Conditional Use request meets the standards as listed in the Zoning Code and that granting such request would be in the best interest of the Village. Based on these findings, Staff recommends that the Planning & Zoning Commission recommend aooroval of the following motion: "To adopt staff findings in the staff report as the findings of the Planning and Zoning Commission and recommend approval of A. A Conditional Use to allow a dwelling unit located on the ground floor at the property located at 122 S. Wille Street, subject to the following conditions of approval: 1) Use of the property as a single - family residence /structure only. 2) Development of the site in general confonnance with the site plan prepared by Shawn Purnell, dated February 22, 2014, but revised to illustrate all of the existing and proposed improvements; and 3) Development of the space in general confonnance with the floor and elevations plans prepared by Shawn Purnell, dated February 22, 2014." The Village Board's decision is final for this case. I concur: William J. Cooney, AICP, Director of Community Development /jmc C:\Docwnetits and Se ttiigs \candrade\Desktop\PZ -04- 14_1?? S. 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E17 Z —N177] HOV— 3NV7 —n— :E'72�.ON L— :DRIJHOZ!i7 1 NMVhg V N007=1 CINOOEIS di I ea 0, !EI u T T ------------- ----- – c y ------------------ — ----- C L q D, -------------------- --------- ---- 0 C u O II LU Lu I ea 0, !EI u T T ------------- ----- – c y ------------------ — ----- q D, -------------------- --------- ---- LU LL :�iiiii� ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT (DWELLING UNIT ON GROUND FLOOR) FOR PROPERTY LOCATED AT 122 SOUTH WILLESTREET, MOUNT PROSPECT, ILLINOIS WHEREAS, Jingu Kim (“Petitioner”) has filed a petition for a Conditional Use permit with respect to property located at 122 South Wille Street, (“Property”) and legally described as follows: LOT TWELVE (12) IN BUSSE’S RESUBDIVISION OF LOTS ONE (1) TO SIX (6) INCLUSIVE, OF THE RESUBDIVISION OF LOTS ONE (1) TO SIX (6) INCLUSIVE, IN BLOCK FOUR (4), ALSO OF LOTS TWO (2) AND THREE (3) IN BLOCK FIVE (5) ALL OF BLOCK SIX (6). LOTS THIRTEEN (13) TO TWENTY FOUR (24) INCLUSIVE, IN BLOCK SEVEN (7), LOTS SEVENTEEN (17) TO TWENTY (20) IN BLOCK EIGHT (8), ALL IN MEIER’S ADDITION TO MOUNT PROSPECT, A SUBDIVISION IN THE NORTHWEST QUARTER (1/4) OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Property Index Number: 08-12-113-020-0000; and WHEREAS, the Petitioner seeks a Conditional Use permit to allow a dwelling unit on the ground floor for the property located at 122 South Wille Street; and WHEREAS, a Public Hearing was held on the request for a Conditional Use permit being the subject th of PZ-04-14 before the Planning and Zoning Commission of the Village of Mount Prospect on the 28 day of March, 2014, pursuant to proper legal notice having been published in the Mount Prospect th Journal & Topics on the 12 day of March, 2014; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees in support of the request being the subject of PZ-04-14; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use permit would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use permit, to allow a dwelling unit on the ground floor at 122 S. Wille Street, as shown on the Site Plan prepared by Shawn Purnell, dated February 22, 2014, a copy of which is attached and made a part of this Ordinance as Exhibit “A”. Page 2/2 PZ- 04-14, 122 S. Wille Street SECTION THREE: Approval of the Conditional Use permit is subject to complying with the following conditions: 1. Use of the property as a single-family residence/structure only; and 2. Development of the site in general conformance with the site plan prepared by Shawn Purnell, dated February 22, 2014 (Exhibit “A”), but revised to illustrate all of the existing and proposed improvements; and 3. Development of the space in general conformance with the floor and elevation plans prepared by Shawn Purnell, dated February 22, 2014 (Exhibit “A”). SECTION FOUR: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FIVE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of April, 2014. ____________________________________ Arlene A. Juracek Mayor ATTEST: ______________________________ M. Lisa Angell Village Clerk H:\CLKO\WIN\ORDINANCE2\2014\C USE 04-14 122 S Wille St April 15 2014.doc Nb'1d d001� -INIlSIX3 wOO i�iiroyvdis.,nTVns 1i io3dsoad 1Nnou minim zzi uz� ou �vs - xaa u�r ess �v9 - - aNOnd SN0117h313 El 91-1171 H - 77 atin-a =nv H-ON �ozi S310N 1VJ�Na� 30N3aIS3d 111Wbd 319NS Ol NOIlIQ47 lOallhiO�tY 113N�nd Nmbh g LL is �w iLL Y O oz z4 �zz ' 9 aqo om boo S 9 n L 0 q �yy Z s d a �yy q�yy IG ® 3 t 2 a +' n ' x u O O Y d � s I fig 5 IL ^ 9 ,9 E laa�!ls a hinos 4 IM 0 0 0 w w d e � wil a °° LU w {K w - � o a Ul d 0 0� W v, LL i L (V e � a � Q s t o a, Mount Prospect Public Works Department �� $/ INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: TRAFFIC ENGINEER DATE: APRIL 7, 2014 SUBJECT: MARCH TRANSPORTATION SAFETY COMMISSION MEETING WALNUT STREET PARKING REGULATIONS The Transportation Safety Commission transmits their recommendation to prohibit parking at all times along the north side of Walnut Street between Prospect Manor Avenue and Ridge Avenue. A resident recently contacted the Village with concerns of on- street parking along Walnut Street. The street is one block long and near the intersection of Central Road and Northwest Highway. The north side of the street is single - family, residential houses. The south side of the street is businesses of which some do not have sufficient off - street parking for their staff and customers. With vehicles parked on both sides of Walnut Street throughout the day, it can be difficult to maintain two -way traffic. Often, vehicles must wait for oncoming vehicles to pass between parked vehicles before proceeding. Residents and businesses are concerned emergency vehicles would have a difficult time accessing their property. Snow plow trucks occasionally cannot negotiate the street and must return at a later time when the street is free of parked vehicles. Residents have said it can be difficult to turn in and back out of their driveways with vehicles parked on the street. Other services such as mail delivery, leaf removal (in the fall), and garbage pick -up can be affected by the parking situation. There are currently no daytime parking regulations along Walnut Street. The street is 25' wide (back -of- curb to back -of -curb) which is 6' narrower than a standard residential street. The Public Works and Police Departments observed both on- street and off - street parking on multiple occasions in the area. At any given time of the day (Monday — Saturday), there were between 2 and 10 vehicles parked on Walnut Street with the peak time during mid - afternoon. There were fewer vehicles parked on the street on Sunday. As part of the study, nearby residents and businesses were notified of the request to enact parking regulations along Walnut Street. Most supported restricting parking to one side of the street. The issue was presented at the March 10, 2014 Transportation Safety Commission Meeting. The petitioner and one business owner were in attendance. The petitioner supported restricting parking to one side of the street. The business owner acknowledged the current parking situation but expressed a need for on- street parking. Staff offered to evaluate the business owner's parking lot layout to see if additional spaces could be installed. The Commission members agreed restricting parking to one side of Walnut Street would address the safety concerns while still providing on- street parking. page 1 of 2 March Transportation Safety Commission Meeting April 7, 2014 By a vote of 8 -0, the Transportation Safety Commission recommends the following: • prohibit parking at all times along the north side of Walnut Street between Prospect Manor Avenue and Ridge Avenue (Section 18.2006). Please include this item on the April 15 Village Board Meeting Agenda. Enclosed are the Transportation Safety Commission Minutes from the meeting as well as an engineering drawing for your reference. Matthew P. Lawrie Attachment c: Director of Public Works Sean Dorsey Deputy Director of Public Works Jason Leib Village Engineer Jeff Wulbecker Village Clerk Lisa Angell h: �engineering� traffic �safety_ commission� recommendations �2014�T5C- march2014rec.docx page 2 of 2 Director Deputy Director Sean P. Dorsey Jason H. Leib Mount Prospect Public Works Department 1700 W. 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Ý±³³··±²»®Ý¿³°±¿·¼¬¸»®»·©·®»º®±³¿«¬·´·¬§½±³°¿²§¾´±½µ·²¹¬¸»·¼»©¿´µ±²Ô·²½±´²Í¬®»»¬ ²»¿®Þ±²·¬¿ßª»²«»òØ»¿´±³»²¬·±²»¼¿²¿°¸¿´¬°¿¬½¸¿¬Ô·²½±´²Í¬®»»¬¿²¼Ó»·»®Î±¿¼¸¿»¬¬´»¼ ¿²¼··²²»»¼±º¿¬¬»²¬·±²òÌ®¿ºº·½Û²¹·²»»®Ô¿©®·»©·´´®»°±®¬¾±¬¸·«»¬±¬¸»Ê·´´¿¹»ùÍ¬®»»¬ Ü·ª··±²ò ßÜÖÑËÎÒÓÛÒÌ É·¬¸²±º«®¬¸»®¾«·²»¬±¼·½«ô¬¸»Ì®¿²°±®¬¿¬·±²Í¿º»¬§Ý±³³··±²ª±¬»¼èð¬±¿¼¶±«®²¿¬èæðç °ò³ò«°±²¬¸»³±¬·±²±ºÝ±³³··±²»®Ý¿³°±òÝ±³³··±²»®Ú·¸»®»½±²¼»¼¬¸»³±¬·±²ò Î»°»½¬º«´´§«¾³·¬¬»¼ô Ó¿¬¬¸»©ÐòÔ¿©®·»ôÐòÛò Ì®¿ºº·½Û²¹·²»»® ¸æÄ»²¹·²»»®·²¹Ä¬®¿ºº·½Ä¿º»¬§Á½±³³··±²Ä®»½ú³·²ÄÌÍÝ³¿®½¸ïì³·²ò¼±½¨ ÌÍÝÓ»»¬·²¹Ð¿¹»ë±ºëÓ¿®½¸ïðôîðïì WALNUT STREET PARKING REGULATIONS VILLAGE OF MOUNT PROSPECT T ` \A /A 1 \1 i 430 ,? S Se o N 428 � 426 1•y 420 �► ST 418 y a ' 416 NO PARKING ANY TIME CENTRAL RD V TSC RECOMMENDATION ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 ENTITLED BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That Section 18.2006, "SCHEDULE VI of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by adding the following: "Name of Street Side of Street Description Walnut Street North Between Prospect Manor Avenue and Ridge Avenue. SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of April, 2014. ________________________________ Arlene A. Juracek Mayor ATTEST: ________________________________ M. Lisa Angell Village Clerk Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: DEPUTY DIRECTOR DATE: APRIL 9, 2014 SUBJECT: SURPLUS PUBLIC WORKS PROPERTY TO BE SOLD The Village has accumulated an inventory of surplus personal property that is no longer used or needed. The surplus includes vehicles and equipment that have been replaced with new purchases. It also includes scrap metal generated from maintenance and capital improvement projects. Attached is a detailed list of the items to be declared surplus and an ordinance that authorizes the Village to sell the surplus items through the methods defined in the attached Exhibit A. Scrap metal is taken to a recycler that pays the Village per pound of material delivered. The rates offered depend on the type of metal and may vary daily. Based on current pricing, Lake County Scrap offers the best pricing for scrap steel and aluminum. All other materials, including brass and copper will be taken to Cozzi O'Brien, which is currently offering the best individual unit pricing for these materials. However, if pricing should change the material would be taken to the recycler offering the highest individual unit pricing. Please refer to Exhibit A for a detailed list of the quantities to be recycled and current pricing. In addition, the Village has a vehicle and snow removal tractor to be sold, which will be auctioned off using GovDeals.com Internet auction site. The vehicle to be auctioned was formerly known as P -16, is a 2008 Ford Ranger pick- up fitted with a Marvon animal housing box. Vehicle P -16 was exclusively used as the animal control vehicle. In a previous memo (attached) provided to the Village Board and Village Manager, Deputy Chief Wagner requested the removal of the vehicle from the fleet. Deputy Chief Wagner argued that the annual lease payment of $4,600 could not be justified due to the limited use of the vehicle (less than 35,000 total miles in six years) and the use of portable animal cages. The Village Manager approved the removal of P -16 from the fleet on 10/29/2013. Surplus Public Works' Property to be sold April 9,2014 Page 2 of 2 In addition, the Village will be auctioning a 1999 Trackless MT5 (equipment number 4508). The purchase of a new Trackless was approved by the Village Board at the February 18, 2014 Village Board meeting. The Trackless will be auctioned in late summer or fall. Staff believes that profits can be maximized by selling the snow related equipment prior to snow season. GovDeals Internet auction has provided another way to maximize our revenue stream from our surplus property that is no longer needed. The auction site can utilized at any time and allows the Village a cost effective alternative to sell surplus property nationwide. The total administrative fee for utilizing this service is 7.5% of the final sales price, with the buyer paying the service fee. The Village has experienced great success over the last two years utilizing GovDeals as the main method of disposal. Our sale prices have resulted in a 10 -20% premium over recent live auction sales history. Attached is an ordinance declaring miscellaneous personal property (Exhibit A) as surplus. With your concurrence, I would like to present this ordinance to the Mayor and Board of Trustees for their consideration at the April 15, 2014 Village Board Meeting. /(Jason H. Leib Seep -P `Dorsey Director of Public Works Attachments cc:James Breitzman, Vehicle Maintenance Superintendent ke%!a \ \\\ -C ease t___ 7229 � k { { {{ CL CL b �![ $ u izi m aj =� ®0,4! � /)uu)oe 7 § $%4§ /s9 ® jkk U ee uj eq CD �� xw � \mmme \ \ CL \) /\ \ $ / <E \ 0 / !% �° CL bo oo \\ \\-- MOUNT PROSPECT POLICE DEPARTMENT FORMAL MEMORANDUM ADM 13 -180 k , VAAA&L CONTROL NUMBER In late 2007, the department purchased a 2008 Ford Ranger pick -up. This vehicle wa designated as P -16 (Public Works vehicle designation 616) and outfitted as an animal vehicle with a Mavron animal housing /transportation box. At that time, the number of transported animals and support staff supported this specific use vehicle. In recent years, with the reduction in community service officer personnel, the use of this vehicle has been dramatically reduced. In 2013, a budgetary recommendation to remove this vehicle from the fleet replacement schedule was made and accepted for a savings of approximately $4,600 a year for the years 2013 through 2016 for a total savings of $18,400. In preparing the budget for 2014, 1 reviewed the use of P -16 and found a continuation of this reduction in use with less than 700 miles being logged to date on the vehicle. In contrast, the number of found animals has remained fairly steady. I spoke with the department's CSOs and inquired as to the reason for this disparity. I found the following to be reasons for this non -use: the difficulty in driving /maneuvering P -16, a preference of driving the other CSOs designated vehicles due to their versatility and the limited room in the driver's compartment of P -16. Additionally, the CSOs stated they felt it was safer, easier and more efficient to use the portable animal cages and transport the animals in either P -13 or P -21, both small SUVs. The difficulty lies in getting the animal in the cage portion of P -16, many times having to pick the animal up without benefit of a protective barrier from the animal when lifting it. I spoke with Jim Breitzman and found the approximate annual maintenance and gas cost associated with this vehicle is $1,600.00 per year for a projected savings of $4,800 over the next three years. I also spoke with senior staff and all were in agreement the continued use of P -16 was no longer warranted and a replacement vehicle is not requested at this time. I recommend this vehicle be taken out of service and be made available for auction under the direction of Public Works Vehicle Maintenance Supervisor Jim Breitzman. Please advise and I will coordinate the transfer of P -16 to Public Works. C: Deputy Chief Janowick Commander Eterno Page 1 of 1 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE SALE OF SURPLUS PERSONAL PROPERTY OWNED BY THE VILLAGE OF MOUNT PROSPECT WHEREAS, pursuant to Section 11 -76 -4 of the Illinois Municipal Code (65 ILCS 5/11- 76-4), the Corporate Authorities of the Village of Mount Prospect may dispose of personal property owned by the Village when, in the opinion of a simple majority of the Corporate Authorities, such property is no longer necessary or useful to, or for the best interests of, the Village; and WHEREAS, President and Board of Trustees of the Village of Mount Prospect deem it no longer necessary, useful or in the best interests of the Village to retain the personal property described in Exhibit A, which is attached hereto and incorporated herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF ITS HOME RULE POWER: SECTION ONE: The personal property, described in Exhibit A, is declared to be surplus personal property because it is no longer necessary, useful or in the best interests of the Village to retain. SECTION TWO: The Village Manager, or his designee, is authorized to dispose of the Surplus Property in the manner described in Exhibit A. SECTION THREE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: Arlene A. Juracek Mayor ATTEST: M. Lisa Angell Village Clerk ke%!a \ \\\ -C ease t___ 7229 � k { { {{ CL CL b �![ $ u izi m aj =� ®0,4! � /)uu)oe 7 § $%4§ /s9 ® jkk U ee uj eq CD �� xw � \mmme \ \ CL \) /\ \ $ / <E \ 0 / !% �° CL bo oo \\ \\-- Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: FINANCE DIRECTOR DATE: APRIL 9, 2014 SUBJECT: RESERVATION OF PRIVATE ACTIVITY BOND VOLUME CAP PURPOSE: To present for Village Board consideration an ordinance that would reserve the 14 private activity bond volume cap. BACKGROUND: The Internal Revenue Code allows state and local governments to issue tax- exempt debt for the benefit of certain qualified private development projects and first-time homebuyer programs. Development projects include the acquisition or construction of industrial facilities and apartments for low and moderate-income families. The amount of such private activity debt issued in 2014 cannot exceed the equivalent of $100.00 cap is currently $5,450,500 based on a population of 54,505 (the population . DISCUSSION: According to state statute, any volume cap not reserved or committed by a th municipality by April 30 is automatically transferred to the State of Illinois. If a community does not have any specific projects that would qualify for the tax exempt financing, it can cede, or transfer, the volume cap to another community. The Village has a total of $5,450,500 of private activity bond volume cap it must reserveor it will be transferred to the State of Illinois. The Village can choose to hold onto the volume cap after it is reserved until a project is identified. The cap may also be carried over for up to three years depending on the type of project being considered. There are currently no local projects at this time placing a cap. 2014 Private Activity Bond Volume Cap April 9, 2014 Page 2 of 2 The City of Aurora has again requested the Village transfer its bond volume cap A financial assistance and tax credits to first-time homeowners that meet certain income guidelines. As in the past, the City of Aurora will handle all administration th of the program. If approved, this would be the 9 year in which the Village has RECOMMENDATION: It is recommended the Village Board adopt the attached ordinance reserving the or 2014. DAVID O. ERB FINANCE DIRECTOR DOE/ I:\Private Activity Bonds\2014\Reservation Cover Memo - April 2014.docx ORDINANCE NO. _______________ AORVC NRDINANCE ESERVING OLUME AP IN CONNECTION WITH PABI,. RIVATE CTIVITY OND SSUES AND RELATED MATTERS _____________________________________________ Passed and approved by the President and Board of Trustees the 15th day of April, 2014. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 16th day of April, 2014. ON. ______ RDINANCE O AORVC NRDINANCE ESERVING OLUME AP IN CONNECTION WITH PABI,. RIVATE CTIVITYONDSSUES AND RELATED MATTERS W, the Village of Mount Prospect, Cook County, Illinois (the “Municipality”), is HEREAS a municipality and a home rule unit of government under Section 6 of Article VII of the 1970 Constitution of the State of Illinois; and W, Section 146 of the Internal Revenue Code of 1986, as amended (the “Code”), HEREAS provides that the Municipality has volume cap equal to $100.00 per resident of the Municipality in each calendar year, which volume cap may be reserved and allocated to certain tax-exempt private activity bonds; and W, the Illinois Private Activity Bond Allocation Act, 30 Illinois Compiled HEREAS Statutes 1998, 345/1 et seq., as supplemented and amended (the “Act”), provides that a home rule unit of government may transfer its allocation of volume cap to any other home rule unit of government, the State of Illinois or any agency thereof or any non-home rule unit of government; and W, it is now deemed necessary and desirable by the Municipality to reserve all of HEREAS its volume cap allocation for calendar year 2014 to be applied toward the issuance of private activity bonds (the “Bonds”), as provided in this Ordinance, or to be transferred, as permitted by this Ordinance; N,,Be It Ordained by the President and the Board of Trustees of the OW THEREFORE Village of Mount Prospect, Cook County, Illinois, as follows: S 1. That, pursuant to Section 146 of the Code and the Act, the entire volume ECTION cap of the Municipality for calendar year 2014 is hereby reserved by the Municipality, which shall issue the Bonds using such volume cap, or shall use or transfer such volume cap, without any further action required on the part of the Municipality, and the adoption of this Ordinance shall be deemed to be an allocation of such volume cap to the issuance of the Bonds or such other bonds; provided, that any such transfer shall be evidenced by a written instrument executed by the Mayor or any other proper officer or employee of the Municipality. S2.That the Municipality shall maintain a written record of this Ordinance in ECTION its records during the term that the Bonds or any other such bonds to which such volume cap is allocated remain outstanding. S 3. That the President, the Village Clerk and all other proper officers, officials, ECTION agents and employees of the Municipality are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents and certificates as may be necessary to further the purposes and intent of this Ordinance. S 4. That the provisions of this Ordinance are hereby declared to be separable, ECTION and if any section, phrase or provision of this Ordinance shall for any reason be declared to be invalid, such declaration shall not affect the remainder of the sections, phrases and provisions of this Ordinance. S 5. That all ordinances, resolutions or orders, or parts thereof, in conflict ECTION herewith are, to the extent of such conflict, hereby superseded; and that this Ordinance shall be in full force and effect upon its adoption and approval. AYES: NAYS: ABSENT: PASSED and APPROVED this 15th day of April, 2014. _________________________________ Arlene A. Juracek Village President A: [S] TTESTEAL _________________________________ M. Lisa Angell Village Clerk RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF LICENSE WITH THE MOUNT PROSPECT LIONS CLUB parking lots; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village would be served by entering into a Grant of License between the Village and the Mount Prospect Lions Club in order to 8 through October 19, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS A HOME RULE MUNICIPALITY: SECTION ONE: That the Mayor and Board of Trustees of the Village of Mount Prospect do hereby Market on Union Pacific Railroad property, which property is leased by the Village and under the control of said Village, a copy of the Grant of License is attached hereto and hereby made a part of as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of April, 2014. ___________________________________ Arlene A. Juracek Mayor ATTEST: ____________________________________ M. Lisa Angell Village Clerk H:\CLKO\WIN\RESOLUTION\FarmersMarket,2014.doc GRANT OF LICENSE The Village of Mount Prospect hereby grants a license to the MOUNT PROSPECT LIONS CLUB n Pacific Railroad property located both east and west of Main Street/Elmhurst Road, which property is currently leased by the Village of Mount Prospect from the Union Pacific Railroad Company. This License is subject to the following conditions: 1. The term of the License shall be from June 8 through October 19, 2014. 2. Insurance in an amount not less than $100,000 per occurrence and shall execute a Hold Harmless Agreement, a copy of which is attached hereto and hereby made a part of as Exhibit "B". 3. This License shall be revocable at any time by the corporate authorities of the Village of Mount Prospect if the licensee or any vendor is in violation of state or local laws or this Grant of License. 4. The licensee must issue written rules applicable to all vendors and must certify each vendor as qualified prior to the vendor's participation in the Market. The licensee shall ensure all applicable Village food code regulations (Chapter 12 of the Mount Prospect Village Code) are followed and enforced. The licensee shall cooperate fully with duly authorized Village employees for enforcement of Village codes including but not limited to prequalification, spot inspections, etc. 5. Within ten (10) days of the execution of this Grant of License, the licensee shall submit to the Village Manager a pro forma revenue and expense statement setting forth certification fees and estimated revenues, expenses, management fees, if any, and the proposed disposition of potential net revenues. 6. Prior to November 30, 2014, the licensee shall issue a written report to the Village Manager outlining the financial aspects of running the Market, problems encountered in the year 2014 season, along with proposed solutions, proposals for improving the Market and the outlook for the future of the Market. 7. The licensee shall possess a Certificate of Insurance for public liability insurance in an amount of not less that $1,000,000 per occurrence naming both the Village of Mount Prospect and the Union Pacific Railroad Company as additional insured. Page 2/2 Farmers Market License 2014 8. The licensee/grantee shall not discriminate against any employee, applicant, volunteer, authorized vendor or event participant because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, citizenship status, age, physical or mental handicap unrelated to ability, military status or an unfavorable discharge from military service. This Grant of License is personal to the MOUNT PROSPECT LIONS CLUB and may not be transferred to any other person or entity. Dated this day of April, 2014. VILLAGE OF MOUNT PROSPECT By: ____________________________ Michael E. Janonis Village Manager APPROVED/ACCEPTED: _________________________________ for the Mount Prospect Lions Club Exhibit HOLD HARMLESS WHEREAS, MOUNT PROSPECT LIONS CLUB ("GRANTEE") has requested permission of the corporate authorities of the Village of Mount Prospect, ("GRANTOR") to operate a Farmer's Market within the parking lots located on the Union Pacific Railroad property, located both east and west of Main Street/Elmhurst Road; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect did adopt Resolution No. on April, 2014, entitled "A Resolution Authorizing Execution of a License to the Mount Prospect Lions Club to Conduct the A NOW, THEREFORE, upon the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt of sufficiency of which are hereby acknowledged, the GRANTOR has granted a Grant of License to GRANTEE to operate a Farmers Market within the parking lots located on the Union Pacific Railroad property, located on both the east and west sides of Main Street/Elmhurst Road, which license is conveyed, however, subject to the following terms, covenants and conditions: 1. The GRANTOR may at any future time after the date hereof revoke the License referenced herein and without notice to the GRANTEE and without cost to either the GRANTOR or his/her successors or assigns. 2. Upon such revocation of said License by the GRANTOR, and with written notice of said 3. GRANTEE shall at all times, and under all circumstances, indemnify, protect, and save harmless the GRANTOR, its grantees, licensees, agents, lessees and invitees, from and against any and all damages, losses, claims, demands, actions, and causes of action whatsoever (including any reasonable costs, expenses, and attorneys' fees which may be incurred in connection therewith) whether or not the claim, demand or other action asserted by meritorious, and which results from or is alleged to arise as a result of the activity being the subject of this Agreement. 4. GRANTOR shall not be liable to GRANTEE, her grantees, licensees, agents, lessees, or invitees for any damages or injuries (including death) to any person thereof except to the extent that injuries or damages are caused by the negligent, willful, or malicious misconduct of GRANTOR. Page 2/2 Farme 2014 5. Any notice herein provided to be given shall be deemed properly given if in writing and delivered personally or mailed to the GRANTOR at: 50 South Emerson Street Mount Prospect, Illinois 60056 or to the GRANTEE at: P. O. Box 332 Mount Prospect, Illinois 60056 or to such other person or address as the parties hereto may from time to time designate upon written notice. 6. This Agreement shall insure to the benefit of and be binding upon the parties hereto and their respective successors in interest. IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed by their proper officers, thereunto duly authorized and their respective seals to be affixed this day of April, 2014. MOUNT PROSPECT LIONS CLUB By:__________________________________ VILLAGE OF MOUNT PROSPECT, a municipal corporation By: __________________________________ Michael E. Janonis Village Manager ATTEST: ______________________________ M. Lisa Angell Village Clerk H:\CLKO\WIN\RESOLUTION\FarmersMarket,2014.doc RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF LICENSE WITH THE DOWNTOWN MOUNT PROSPECT MERCHANTS ASSOCIATION TO CONDUCT WEEKLY CAR SHOWS ar shows held in the commuter parking lots; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village would be served by entering into a Grant of License between the Village and the Downtown Mount Prospect Merchants Association in order to conduct the annual Car Shows from May 17, 2014 through September 27, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President and Board of Trustees of the Village of Mount Prospect do hereby authorize the execution of a Grant of License to the Downtown Mount Prospect Merchants Association to conduct the Car Show on Union Pacific Railroad property, which property is leased by the Village and under the control of said Village, a copy of the Grant of License is attached hereto and hereby made a part of as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of April, 2014. ___________________________________ Arlene A. Juracek Mayor ATTEST: ____________________________________ M. Lisa Angell Village Clerk H:\CLKO\WIN\RESOLUTION\car show resolution2014.doc GRANT OF LICENSE The Village of Mount Prospect hereby grants a license to the DOWNTOWN MOUNT PROSPECT MERCHANTS ASSOCIATION (licensee) for the purpose of operating a Car Show on the parking lots located at the Union Pacific Railroad property located both east and west of Main Street/Elmhurst Road, which property is currently leased by the Village of Mount Prospect from the Union Pacific Railroad Company. This License is subject to the following conditions: 1. The term of the License shall be from May 17, 2014 through September 27, 2014. 2. Each vendor selling food at the Car Show shall utilize a food cart licensed by the Village of Mount Prospect Environmental Health Division and in compliance with all health and sanitation regulations of the Village and the State of Illinois. 3. This License shall be revocable at any time by the corporate authorities of the Village of Mount Prospect if the licensee or any vendor is in violation of state or local laws or this Grant of License. 4. Within ten (10) days of the execution of this Grant of License, the licensee shall submit to the Village Manager a pro forma revenue and expense statement setting forth certification fees and estimated revenues, expenses, management fees, if any, and the proposed disposition of potential net revenues. 5. Prior to November 30, 2014, the licensee shall issue a written report to the Village Manager outlining the financial aspects of running the Car Show, problems encountered in the year 2014 season, along with proposed solutions, proposals for improving the Car Show and the outlook for the future of the Car Show. 6. The licensee shall possess a Certificate of Insurance for public liability insurance in an amount of not less that $1,000,000 per occurrence naming both the Village of Mount Prospect and the Union Pacific Railroad Company as additional insured. 7. The licensee/grantee shall not discriminate against any employee, applicant, volunteer, authorized vendor or event participant because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, citizenship status, age, physical or mental handicap unrelated to ability, military status or an unfavorable discharge from military service. Page 2/2 Car Show License 2014 This Grant of License is personal to the DOWNTOWN MOUNT PROSPECT MERCHANTS ASSOCIATION and may not be transferred to any other person or entity. Dated this day of April, 2014. VILLAGE OF MOUNT PROSPECT By: ____________________________ Michael E. Janonis Village Manager APPROVED/ACCEPTED: _________________________________ for the Downtown Mount Prospect Merchants Association HOLD HARMLESS WHEREAS, DOWNTOWN MOUNT PROSPECT MERCHANTS ASSOCIATION ("GRANTEE") has requested permission of the corporate authorities of the Village of Mount Prospect, ("GRANTOR") to operate a Car Show within the parking lots located on the Union Pacific Railroad property, located both east and west of Main Street/Elmhurst Road; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect did adopt Resolution No. on April , 2014, entitled "A Resolution Authorizing Execution of a License to the Downtown Mount Prospect Merchants Association to Conduct the Annual Car Show in the Village". NOW, THEREFORE, upon the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt of sufficiency of which are hereby acknowledged, the GRANTOR has granted a Grant of License to GRANTEE to operate a Car Show within the parking lots located on the Union Pacific Railroad property, located on both the east and west sides of Main Street/Elmhurst Road, which license is conveyed, however, subject to the following terms, covenants and conditions: 1. The GRANTOR may at any future time after the date hereof revoke the License referenced herein and without notice to the GRANTEE and without cost to either the GRANTOR or his/her successors or assigns. 2. Upon such revocation of said License by the GRANTOR, and with written notice of said revocation to the GRANTEE, the GRANTEE shall cease operation of said Car Show. 3. GRANTEE shall at all times, and under all circumstances, indemnify, protect, and save harmless the GRANTOR, its grantees, licensees, agents, lessees and invitees, from and against any and all damages, losses, claims, demands, actions, and causes of action whatsoever (including any reasonable costs, expenses, and attorneys' fees which may be incurred in connection therewith) whether or not the claim, demand or other action asserted by meritorious, and which results from or is alleged to arise as a result of the activity being the subject of this Agreement. 4. GRANTOR shall not be liable to GRANTEE, her grantees, licensees, agents, lessees, or invitees for any damages or injuries (including death) to any person thereof except to the extent that injuries or damages are caused by the negligent, willful, or malicious misconduct of GRANTOR. 5. Any notice herein provided to be given shall be deemed properly given if in writing and delivered personally or mailed to the GRANTOR at: 50 South Emerson Street Mount Prospect, Illinois 60056 or to the GRANTEE at: Page 2/2 Car Show Hold Harmless P. O. Box 632 Mount Prospect, Illinois 60056 or to such other person or address as the parties hereto may from time to time designate upon written notice. 6. This Agreement shall insure to the benefit of and be binding upon the parties hereto and their respective successors in interest. IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed by their proper officers, thereunto duly authorized and their respective seals to be affixed this day of April, 2014. DOWNTOWN MOUNT PROSPECT MERCHANTS ASSOCIATION By:__________________________________ VILLAGE OF MOUNT PROSPECT, a municipal corporation By: __________________________________ Michael E. Janonis Village Manager ATTEST: ______________________________ M. Lisa Angell Village Clerk H:\CLKO\WIN\RESOLUTION\car show resolution2014.doc Village of Mount Prospect Community Development Department MEMORANDUM i/ TO: VILLAGE MANAGER FROM: DEPUTY COMMUNITY DEVELOPMENT DIRECTOR DATE: APRIL 8, 2014 SUBJECT: BUILDING INSPECTION AND PLAN REVIEW SERVICES — RENEW CONTRACT WITH TPI BUILDING CODE CONSULTANTS As part of the preparation of the 2011 Village Budget the Community Development Department was tasked with reducing its existing expenditures. In order to achieve the required Department savings staff proposed pursuing the outsourcing of the building inspection services to achieve an annual savings of $140,000. A three year agreement was executed with TPI Building Code Consultants that became effective May 1, 2011. As the contract has reached the end of its three year term, staff is recommending executing an extension to the contract for an additional three year period (with option for renewal). The following memorandum provides a brief summary of the effectiveness of outsourcing these services. Inspection Services During the budget development process the Department reviewed all costs associated with performing building inspection services with existing Village staff inspectors. Costs reviewed included salary and benefits, vehicle operating expenses, supplies and equipment, overtime, training, and existing outsourcing costs for inspection scheduling overflow when necessary. Table 1 below provides an estimate for building inspection service costs if they were performed by Village staff. Expenses for 2011 were excluded due to the transitional period of inspections being performed by both TPI and existing inspectors. Table 1: Projected Building Inspections (2012 - 2014)* Year Inspections VOMP Cost Per Expense Inspection ........ ... 2 ...... ....................._._....... 12 0,3 _. 15 .............. _.....��.� $458,743 .................... ...._.......�.. ..... $50.11 2013 7,670 $466,78 $60.86 2 . 0 . 14 ...... ...... ....8,600..._.__..... � ITITITIT $55.23 ............ * Village incurred expenses to perform services in house include salary, benefits, computers, vehicles, and existing third parry expenses. Projected costs assume 2% annual increase in inspector salary expenses only. Number of inspections is actual performed in 2012 & 2013; 2014 estimated based on I' quarter compared to previous two year trends. Table 2 provides an overview of building inspections performed during the 2012 and 2013 calendar years by TPI. As demonstrated, TPI performed 16,823 inspections for the Village during this time period. The average cost per inspection was $32.41. In total the outsourcing of building inspections resulted in a net savings of $380,172 for the two year period when comparing the two tables. Outsourcing has not only resulted in an overall cost savings but has also improved service levels the Department can provide. Previously inspections were being scheduled 24 -48 hours in advance with a third party inspector being retained when inspection activity exceeded this window. Since outsourcing the Department has been able Building Inspection and Plan Review Services — Renew Contract with TPI Building Consultants Page 2 of 3 to provide next day service to our customers. Additionally, the Village has been able to better accommodate larger projects such as the Niagara Cultural Center, United Airlines, and Hampton Inn and Suites Hotel. Previously, the number of inspections and time required for these types of projects would have negatively impacted the Department's ability to accommodate other inspection requests. Having TPI perform these inspections has allowed additional staff to be assigned to the community on days when demand is warranted. Table 2: 2012/2013 Inspection Analysis Month 2012 Inspections 2013 Inspections Passed Failed Total Cost Passed Failed Total Cost January 252 134 386 $13,598 586 195 781 $23,567 February ............. ._ ........... . ........ March ...... .. April May ............ ..... ....... 672 264 256 _ ...._. 170 162 167 ....._.. 936 848 629 777 .... 24,610 23,415 .................... 20,639 23,548 514 330 .......................... 417 698 _..... — 110 ......._....................... 1 103 624 433 560 883 ..... 18,624 _ ................................. 14,662 ............ 19,663 27,061 . ...................................................................................................................._.._.._.._....................._....... 592 ........................................... 459 615 . ......507 ......... 143 185 ....... July Au gust 506 596 218 242 724 _83.8....... 23,854 651 559 147 138 798 687 27,1 m 26,109 27 262 September October 509 719__..._ 250 24 . 5 ............_.... 759 . 964 ............... 26,263 467 ...... 6.1.5.......... 130 134...... 59 -... ..749..............25,237.._.._ 20,316 November 667 1 231 898 31,282 361 117 478 16,552 December 510 211 721 21,632 365 119 484 15,977 Grand Total 6,604 2,550 9,154 $291,106 6,017 1,653 7,670 $254,258 Outsourcing has also provided greater protection to the Village from fluctuations in the development industry and seasonal trends. When the average number of inspections has decreased due to a lack of permit activity the Village has not had to absorb the additional costs for staff not being utilized to their fullest ability. This is evidenced when comparing costs to perform inspections in 2012 vs. 2013. The past calendar year saw a decrease in overall inspections which resulted in a reduced direct cost to the Village to provide these services. Prior to outsourcing, the Village's costs to provide inspection services would have been relatively flat when comparing total annual costs ($458k vs $466k), but significantly higher comparing per inspection ($50.11 vs $60.86). Customer contact regarding TPI's services has been minimal. Most complaints received have generally been related to the technical aspect of the inspection and not the professionalism or conduct of staff. Often the complaint is addressed by the Department reviewing the code with the customer and TPI. The Department also solicited feedback from permit applicants through the use of an online survey. Survey cards were distributed at inspections or close of permit beginning in August 2012. Minimal responses were received but all were positive of services performed. Plan Review Services Plan review services were also included as part of the contract with TPI but were previously outsourced by the Department. TPI has continued to perform these duties for the Department seamlessly. Plan reviews during the contract have all been completed within the defined review period. Questions received from applicants typically have been centered on the technical aspects of reviews and interpretations of building codes. TPI has adequately resolved points of conflict with both Village staff and applicants when they have arisen. Otherwise, the plan review process continues to run effectively. Conclusion As evidenced by the above the Community Development Department is satisfied with the performance of TPI Building Code Consultants under the existing contract. TPI has indicated they also are satisfied with the arrangement and have continuously worked with staff to improve the efficiency of our partnership. Staff is Building Inspection and Plan Review Services — Renew Contract with TPI Building Consultants Page 3 of 3 recommending continuing this partnership with TPI by executing the attached contract. The contract will provide the services of TPI for building inspections and plan review services for an additional three year period, with an option to extend an additional three years if warranted. Please forward this memorandum and associated attachments to the Village Board for their consideration during the April 15, 2014 Village Board meeting. Staff will be present to answer any questions related to this matter. AICP RESOLUTION NO. _______ A RESOLUTION AUTHORIZING EXTENSION OF CONTRACT WHEREAS , the Village of Mount Prospect is a unit of local government authorized to exist under the terms of the Illinois Compiled Statutes; and WHEREAS , on May 1, 2011, the Village of Mount Prospect (“Village”) entered into an Agreement (“2011 Agreement”) with TPI Building Code Consultants, Inc. (“TPI”); and WHEREAS , pursuant to paragraph IX of the RFP which was incorporated into the Agreement as Exhibit A, the parties have the option of extending the Agreement for an additional three year term. The Parties have decided to exercise the additional three year option. NOW, THEREFORE, BE IT RESOLVED by the President and Village Board of the Village of Mount Prospect, Cook County, Illinois as follows: SECTION ONE : The Village Manager is hereby authorized to execute an agreement to extend the 2011 Agreement entered through April 30, 2017 on the same terms and conditions as the 2011 Agreement, including but not limited to, the option of extending the Agreement for another three year term beyond May 1, 2017. SECTION TWO : The 2011 Agreement is attached to and made a part of this Resolution. SECTION THREE : This Resolution shall supersede any resolutions or ordinances, or parts of resolutions or ordinances, in conflict with any part herein, and any such resolutions or ordinances, or parts thereof, are hereby repealed. SECTION FOUR : If any section, paragraph or provision of this Resolution shall be held invalid or unenforceable for any reason, such invalidity or unenforceability shall not effect any of the remaining provisions of this Resolution. SECTION FIVE : That this Resolution shall be in full force and effect from and after its passage. AYES: NAYS: ABSENT: PASSED and APPROVED this day of April, 2014. ___________________________________ Arlene A. Juracek Mayor ATTEST: ____________________________________ M. Lisa Angell Village Clerk 12..0,¦3 By these signatures we agree to extend the attached Agreement pursuant to this Resolution on the terms identical to those set forth in the Agreement. Village of Mount Prospect TPI Building Code Consultants, Inc. By, Michael E. Janonis, By, _____________________ __________________________ __________________________ 12..0,¦3 AGREEMENT TO PROVIDE BUILDING PLAN REVIEW AND INSPECTION SERVICES This Agreement is entered into between the Village of Mount Prospect, an Illinois Municipal Corporation ( "the Village ") and TPI Building Code Consultants, Inc. ( "TPI ") Section I. Basis of Aqreement On January 5, 2011, the Village promulgated a Request for Proposals for Inspection Service and Building Permit Plan Review ( "RFP ") (attached as Exhibit "A "). On January 19, 2011, the Village held a question and answer session for the various entities submitting proposals. On January 27, 2011, the Village issued an Addendum to the RFP, entitled Question and Answer Supplement ( "Supplement ") (attached as Exhibit "B ") TPI, along with other vendors of these services, provided written responses to the RFP ( "TPI Response ") (attached as Exhibit "C ") TPI was selected by the Village as the preferred vendor of the services set forth in Exhibit "A ". Exhibits "A ", "B" and "C" are incorporated into, made integral parts of and form the basis of this Agreement. In the event of any inconsistency or conflict between the Agreement, its Exhibits and other documents incorporated herein, the following order of precedence shall apply: 1. The Agreement; 2. The Supplement (Exhibit B); 3. The RFP (Exhibit A); 4. TPI Response (Exhibit C); 1� 265907.1 Section II. Additional Servi No Additional Services shall be performed by TPI without prior written approval of the Village. Section III. Compensation The Village agrees to compensate TPI for the Basic Service and the Additional Services, if any, in accordance with the schedule of fees included within Exhibit "C ". The Village agrees to pay all invoices or statements for services rendered in accordance with the Local Government Prompt Payment Act, III. Comp. Stat. 1992, ch. 50, par. 505/1 et seq. TPI agrees to keep records on the basis of generally accepted accounting principles for all services billed and to make such records available to the Village at mutually convenient times. Section IV. Aareement Monitorina The Village shall have the right to review TPI's services provided under this Agreement at any time. TPI will fully cooperate with any review or investigation by the Village and shall provide copies of any audit reports performed by TPI of TPI personnel. Any impropriety in the performance of services, non - performance of services, or failure to cooperate with any review or investigation shall be considered a substantial failure to perform and the Village shall have the right to terminate the Agreement according to the terms and conditions of Section V herein. Review, checking, approval or other action by the Village shall not relieve TPI of the accuracy and completeness of the services, or compliance with the Agreement terms. 265907_1 2 Section V, Termination of Aareement This Agreement may be terminated by either party upon seven (7) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. This Agreement may be terminated by the Village upon at least thirty (30) days written notice to TPI in the event that the project work or reasons for this Agreement are to permanently be abandoned. This Agreement may be terminated by either party, for any reason, upon sixty (60) days prior written notice to the other party. Section VI. Miscellaneous Provisions TPI agrees to comply with all applicable State, Federal and Village Code provisions in performing the services under this Agreement. The parties hereto agree that for purposes of any lawsuits between them concerning this Agreement, its enforcement, or the subject matter thereof, venue shall be in Cook County, and the laws of the State of Illinois shall govern the cause of action. Section VII= Successors and Assians The Village and TPI respectively bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of the Agreement. Neither the Village nor TPI shall assign, sublet or transfer any interest in this Agreement without the prior written consent of the other. 265907_1 3 Section VVIl Extent of : 2Len This Agreement represents the entire and integrated agreement between the Village and TPI and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may only be amended by written instrument signed by both the Village and TPI. Nothing contained herein shall be deemed to create any contractual relationship between TPI and any of the Subcontractors or material suppliers on the Project nor shall anything contained in this Agreement be deemed to give any third party any claim or right of action against the Village or TPI which does not otherwise exist without regard to this Agreement. If a contractual relationship does exist between TPI and any Subcontractor or material supplier on the Project TPI shall report this relationship to the Village prior to performing any services under this Agreement. THIS AGREEMENT entered into as of the day and year first written above. VILLAGE OF MOUNT PROSPECT ATTEST; TPI BUILDING CODE CONSULTANTS, INC. (TPI) . i ATTEST; '- Village Clerk 265907 1 li VILLAGE OF MOUNT PROSPECT 50 South Emerson Street Mount Prospect, IL 60056 Request for Proposals ( "RFP ") Inspection Services and Building Permit Plan Review Services Issued: January 5, 2011 Proposal Due Date: February 2, 2011 Village qf' hank` Prospect - Inspection. & Plan lvev ew SErTvicay RF'P January 5, 11111 Prr,F,e 2 of 28 MAYOR VILLAGE MANAGER Irvana K. Wi!ks MicliaeI E- Janonis TRUSTEES VILLAGE CLERK Paul Wrn.. Floefert M. Lisa Angell Arlene A, Juracek: A. John Kona Phone: S4 /(392. -6000 John J. Matgszak � Bottum S. usza Fax: 847/392 -6022 Michael A. Lade) II7D: 847/392 °6064 xo'tow. rrr.nun�ros�aect, orb Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 January 5, 2011 REQUEST FOR PROPOSALS INSPECTION SERVICES AND BUILDING PERMIT PLAN REVIEW I. Purpose The Village of Mount Prospect (hereinafter the "Village ") is seeking proposals from a qualified Vendor (hereinafter "Vendor ") to provide both inspection services and permit Plan Review services for the Community Development Department's Building Division. The inspection services will be for the following disciplines: Building, Mechanical, Electrical, and Plumbing inspections of construction work within the Village boundaries. The Plan Review services will be permit - related for the following: Building, Mechanical, Electric, Plumbing, energy, and accessibility plans for commercial and residential projects within the Village boundaries. II. Background Located 22 miles from downtown Chicago and minutes from O'Hare International Airport, Mount Prospect has a population of over 56,000. Existing development in the community consists of over 15,500 Single Family Homes, 6,600 Multi - Family units, 2.5 million square feet of retail space, and 6.9 million square feet of office /industrial space. The Village currently performs all Building Inspection Services in -house with Village- employed inspectors but is transitioning to privatizing this service in 2011. The Village currently uses multiple vendors to conduct permit Plan Reviews for projects over 300 square feet. III. Definitions For purposes of this RFP, the following definitions shall apply: 1. "Bidder" shall mean "Vendor submitting Proposal ". 2. "Inspection" or "Reinspection" means a site visit for any plumbing, electrical, building (including structural and accessibility) or mechanical inspection, and service request inspections, such as stop work orders, construction site maintenance, etc. Inspections shall include, but not be Y n 1 ?d` /' i,,� trW r nspcct av 4 Play °P : ievv ti W P 0i a 3. "Plan Review" or "Re- review" means performing the technical review of architectural and engineering plans for compliance with codes, ordinances, and related laws and regulations. Projects requiring plan review are permit - related and include, but are not limited to: single family, multi - family, high -rise, commercial, office, individual tenant improvement, and mixed - use developments. a. Standard Plan Review or Re- Review shall be completed within 10 days or less after the plans are submitted to the Vendor. b. Expedited Plan Review or Re- Review shall be completed within 3 days after the plans are submitted to the Vendor. 4. "Proposal" sometimes referred to as "bid ", unless the context requires otherwise, 5. "Inspection Services and Building Permit Plan Review Request for Proposal" is sometimes referred to as "Request for Proposal" and "RFP ". 6. "Scope of Work" includes the requirements of Section V, subject to the additional requirements described in the RFP. Scope of Work is sometimes referred to as "Specifications." 7. "Workload" means anticipated services based upon the historical data provided. IV. Workload The estimated construction value in the Village for 2009 & 2010 was approximately $62 million and $85 million respectively. Based on current local economic and industry forecasts, the Village estimates that there will be approximately 2800 permits for 2011, 2700 permits for 2012, and 2600 permits for 2013. Following is an approximation of the common types of permits of permits issued in a calendar year: 5 New Single Family Residence 15 Lawn Irrigation 750 Single Family Remodel/ Addition /Repair 50 Multi - Family Remodel /Repair 20 Detached Garage 20 CDBG /IHDA Projects 60 Sheds 150 Commercial Remodel 30 Decks 30 New Commercial Tenant 425 Flatwork Permits (drive, walk, patio, stoop) 25 Institutional Remodel /Repair 230 Fences 100 Signs 130 Electrical 50 Cross Connection Inspections 325 HVAC /Water Heaters 30 Water Service Upgrades 120 Plumbing 15 Demolition 10 Swimming Pools 15 Tents /Carnivals 200 Sewer Repairs Village (If7V(ount Prospect— Inspection & Play Review Services RFP January 5, 2011 Page 4 of 28 Inspection Services Performance Levels The Village historically performs 7,000- 10,000 Inspections per calendar year. The types of Inspections performed by the Village consist of the following: 26% Plumbing Inspections 25% Electrical Inspections 44% Building Inspections (includes mechanical, structural, and accessibility) 5% Service request Inspections (stop work orders, construction site maintenance, CDBG meetings) Plan Review Services Performance Levels The Village of Mount Prospect issues approximately 2750 -3000 permits annually with the volume of Plan Review requests depending upon market conditions. The Village historically performs approximately 1225 Plan Reviews each year; of that number 1100 Reviews are currently performed in -house (projects under 300 square feet). In 2010, the Village sent the following types of projects to a third -party for review: 78 Commercial Projects 15 Residential Projects 11 Industrial Projects CDBG Rehab and IHDA First Time Homebuyer Program Related Responsibilities: The Village provides program assistance in relation to the Village's Community Development Block Grant (CDBG) and Illinois Housing Development Authority (IHDA) funded programs. Program assistance includes providing building code technical advice, inspections, and office /site meetings. Inspections may include review of items that normally would not require a building permit, such as, inspection of windows, siding, etc. Applicable inspections or meetings are included in the above referenced inspection services performance levels Administrative Adjudication /Court Responsibilities: The Village utilizes an in -house Administrative Adjudication process to enforce code violations, in addition to the Circuit Court. The Building Division issues approximately 6 -10 citations per year that require inspector support, which often requires inspectors to provide testimony and documentation, including Inspection reports, statements, photos, or other supporting information in court and at the Village's Administrative Hearings. Administrative hearings are held during regular business hours on the last Thursday of each month at Village Hall and generally take approximately one hour; court is generally scheduled once a month, or as otherwise required. Village Public Tree Protection Plan Responsibilities: Mount Prospect takes great pride in its 24,000+ publicly owned trees and is designated as a "Tree City USA." The Village's inspectional staff works closely with its Forestry /Grounds Division of Public Works in support of the Public Tree Preservation ordinances. V. Scope of Work. A. Inspection: 1. The Vendor's qualified inspectors shall perform Building, Mechanical, Electrical, and Plumbing Inspections of construction work within the Village boundaries. The Inspections V1116Q,e of A'Ioum ProsImcl Ins�, Lt Phin Rev eej& Servzce!y 6'11 f arraacary 5, 2011 Page w7 ca;F`.m shall be for both work performed under Village- issued permits and for non - permitted work /stop work order situations. 2. There is no guarantee that the actual number of Inspections will fall into the range described in Section IV, as the number of Inspections depends on a number of factors, including, but not limited to, economic and construction activity. The Vendor shall provide appropriate personnel to perform the Inspections and Reinspections within 48 hours from the time an Inspection is requested by a permit applicant and scheduled by the Village. B. Plan Review: 1. The Vendor's qualified plan reviewers shall perform technical review of building, mechanical, electric, plumbing, energy, and accessibility plans for a variety of commercial and residential projects performed under Village- issued permits 2. There is no guarantee that the actual number of Plan Reviews will fall into the range described in Section IV, as the number of plans /permits depends on a number of factors, including, but not limited to, economic and construction activity. The Vendor shall provide appropriate personnel to perform Standard Plan Reviews and Re- reviews within 10 days after the time the plans are submitted to the Vendor. 3. All Plan Reviews for any permit application prior to May 01, 2011 or for any shell /tenant improvements at Randhurst Village shall be excluded from this RFP and any related contract. 4. Expedited Plan Review standard — Plan Review shall be completed within three (3) days after the time the plans are submitted to the Vendor. C. CDBG Rehab and IHDA First Time Homebuyer Program Related Responsibilities: The Vendor's qualified inspectors shall provide program assistance in relation to the Village's Community Development Block Grant (CDBG) and Illinois Housing Development Authority (IHDA) funded programs, as described in Section IV. D. Administrative Adjudication /Court Responsibilities: The Vendor's qualified inspectors will assist in enforcing code violations through the Circuit Court and the Administrative Adjudication process, as described in Section IV. E. Village Public Tree Protection Plan Responsibilities: The Vendor will work closely with the Forestry /Grounds Division of Public Works in support of the Public Tree Preservation ordinances. F. Hours: 1. Normal working hours: Normal hours of scheduled Inspections will be 8:00 a.m. to 4:30 p.m., Monday through Friday, and shall follow the same Village Hall holiday schedule: closed New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving (Thursday & Friday), and Christmas Day. A typical business day consists of 30 -50 scheduled Inspections. It is not unusual to schedule an additional 2 -4 inspections each day for unusual cases or last minute Reinspections. Vdlca e of 11 Prospect — Inspection aec tion & Plan Review Services RIT danuary , 2011 Page 6 qf`28 2. After - hours: On occasion, emergency or after -hours Inspections will be required. When the Village submits an emergency Inspection or after -hours Inspection request, the Vendor shall provide an inspector with the required qualifications to perform the Inspection within two hours of notice by the Village. The Vendor shall provide emergency and after hours contact numbers to the Village and be readily available. Also, the Vendor will be included in Fire and Police Departments' Emergency call -chain list for after -hours phone consultation and emergency Inspection for building related issues. 3. Work Performance: a. All services are to be performed under the supervision of the Building Commissioner and in compliance with Village policy, Codes, and interpretation. All Inspections and Plan Reviews shall be performed in a non - adversarial, ethical, professional, and personable manner. b. To provide the required Inspection and response, the Vendor shall provide a consistent /stable roster of inspectors. G. Inspection Scheduling: Village staff will schedule AM (8:00 to noon) and /or PM (noon to 4:30) Inspections for the Vendor. The Vendor will be responsible for planning and routing its detailed AM and PM Inspection schedule to the Village prior to performing any Inspections. All Inspection requests and inspectors' field copy of the file will be prepared daily for the Vendor by Village staff. The Vendor is responsible for entering all results of Inspections into the Village's inspection software system, either remotely or at a designated Village terminal on a daily basis. H. Plan Review Scheduling: Village staff will route the appropriate plan copies to the Vendor for review. The Vendor will be responsible for scheduling the Review for completion within the time required for a Standard or Expedited Plan Review. Inspection Reporting: The Village is currently transitioning to a new enterprise software program (New World System's Logos.net software) and anticipates the program being implemented and operational in Fall 2011. The software will provide the ability to log Inspections in the field through a VPN connection. The Vendor shall provide the necessary equipment (i.e. laptops, printers) to be able to track Inspections electronically in the field and print copies of reports for permit contacts. The Village will provide the Vendor with training to utilize the inspection software. J. Plan Review Results: The Village is currently transitioning to a new enterprise software program (as mentioned in I above). The software will provide the ability to enter Plan Review results and comments off -site through a VPN connection. The Vendor shall provide the necessary equipment (i.e. computer, scanner) to be able to record Plan Review results and comments off -site. The Village will provide the Vendor with training to utilize the enterprise software. !!L s rep f� BlaxtaP ras r;c�— Inspection 8( Plan liorsr:w ervrlces RI'1l J'anidawy .J, -2011 P(r e , (l/,23 K. Consultation: 1. Permit - related during business hours: Inspections include all phone consultations with the Village and permit contacts, including the permit applicant, for each Inspection performed, as necessary. 2. Permit - related after business hours: On occasion, phone consultation is required outside the normal hours of business in regard to an Inspection. 3. Plan Review - related during business hours: Plan Reviews include all phone consultations with the Village and permit contacts, including the permit applicant, for each Plan Review or Re- review performed. 4. Staff consultation during business hours: Vendor shall provide the services of a technical staff member, who is a Master Code Professional, for phone consultation with Village staff during the Village's normal business hours, as described in Subsection F(1) above. 5. Daily Inquiries: The Building Commissioner typically addresses daily inquiries regarding building - related matters. In his /her absence, e.g., vacation, sick leave, Vendor may be required by Village to provide technical assistance and address such inquiries. In such case, Vendor will provide appropriate inspectors at the Building Department one (1) or two (2) days a week for an hour or more. L. Equipment: The Vendor shall provide all vehicles, clothing, inspection equipment, computers, cell phones, safety equipment and other related materials necessary to perform the services. Inspectors must carry identification clearly showing they are Village authorized inspectors. The cost to provide these materials shall be incorporated into the Vendor's proposed bid amounts. M. Personnel Assignment: The Village reserves the right to designate alternative personnel of the Vendor when the Village is dissatisfied with the performance of assigned personnel after the contract commences. N. Village Training: The Vendor's inspectors and Plan Review staff will be expected to attend training on various Village policies including, but not limited to software, procedures, Village Code requirements, and tree protection. Such training will be provided by or through the Village, at its cost. O. Policy Compliance: The Vendor and its inspectors and Plan Review staff will be required to execute and comply with certain Village policies regarding computer software and other user agreements. VI. Qualifications A. Inspector qualifications: The Vendor shall provide qualified inspector(s) who are multi - disciplined as described below. This requirement will allow the Village to benefit from multi - disciplined inspectors who can perform Inspection services for both plumbing and building components in lieu of multiple inspectors inspecting a single project. Village gf'Adaunt Prospect - inspection & Plan RevieG v Services vic es RP-P January 5, 2011 Page 8 ref 2N 1. Plumbing and mechanical Inspections vary from underground, aboveground, roughs, finals, stack tests, gas tests, gas piping, mechanical, boiler, lawn sprinkler, backflow inspections, residential, commercial, temperatures, property maintenance, and other duties as performed by a State of Illinois Licensed Plumbing Inspector or assigned by the Village. Minimum inspector qualifications are: 1) Must hold a valid Illinois Plumbing License and be authorized to inspect plumbing As defined by Illinois Administrative Code TITLE 77: PUBLIC HEALTH; CHAPTER I: DEPARTMENT OF PUBLIC HEALTH; SUBCHAPTER r: WATER AND SEWAGE; PART 890 ILLINOIS PLUMBING CODE; SECTION 890.120 DEFINITIONS 2) ICC Certified Building Official (CBO) 3) 2 -3 years of construction trade experience 2. The building, electrical and mechanical Inspections include but are not limited to: residential, commercial, industrial and are to include various construction site property maintenance, mechanical, structural, accessibility, low voltage, commercial and residential electric overhead and underground services, above ceiling, roughs, final inspections, and other duties as performed by Certified International Code Council Inspector or assigned by the Village. Minimum inspector qualifications and /or certifications are: 1) ICC Certified Building Official (CBO) 2) ICC Residential Building Inspector 3) ICC Commercial Building Inspector 4) ICC Commercial Electrical Inspector or equiv. license from Chicago /NFPA Certificate 5) ICC Residential Electrical Inspector or equiv. license from Chicago /NFPA Certificate 6) ICC Commercial Mechanical Inspector 7) 2 -3 years of construction trade experience 3. The Vendor is encouraged, but not required to consider employment of former Village Inspection Staff in its response to this RFP. Such consideration, or lack thereof, will not affect the proposal's consideration. B. Plan Review qualifications: The Plan Reviews and responses shall be performed and /or supervised by Master Code Professionals, the highest code professional certification level available through the International Code Council. C. Vendor qualifications: The Vendor must be qualified to provide the services required by this RFP. The Village shall determine such qualification, based upon the following: A. Vendor's experience with projects of similar size and scope; B. Ability of the Vendor to provide the services; C. Qualifications of the individuals assigned to the team to provide the services; D. The Village reserves the rights to verify inspector qualifications and company references; E. The scope of the work proposed by Vendor; and F. Bidders Qualification, as described in the Instructions to Bidders, Attachment C. Plan Rr Sz,rwlczt� FlI� Jezznuzr� 5, : 011 Page VII. Licenses Each Vendor submitting a proposal shall possess all necessary federal, state, and local licenses as are required by law, and shall, upon request, furnish satisfactory proof to the Village that the licenses are in effect during the entire period of the contract For each individual assigned to work under the contract. VIII. Proposals and Invoicing Information The proposal shall include fees for the following: A. Consultation fees: 1. Consultations for permit - related during business hours, Plan Review - related during business hours, permit - related after business hours, and staff consultation during business hours, as described in Subsection V(K): There shall be no extra cost for this service, as it must be built into the base amounts on the Bid Sheets, Attachment A. For example, time consulting with the Village in regard to a Plan Review shall not be included in an invoice to the permit applicant, but the hourly fee should be adjusted to compensate for that time. 2. Consultations for daily Inquiries, as described in Subsection V(K): To be paid on an hourly basis (as defined in VIII (C)) at the rate proposed in item 5 and 6 of the Bid Sheet. 3. Staff consultation during working hours: No charge to Village. B. Inspection /Re- Inspection fees: a. Plumbing Inspections /Re- Inspection: to be paid per Inspection /Re- Inspection 1) during normal working hours and 2) after hours, as proposed on the Bid Sheet. b. Electrical Inspections /Re- Inspection: to be paid per Inspection /Re- Inspection 1) during normal working hours and 2) after hours, as proposed on the Bid Sheet. c. Building Inspections /Re- Inspection: to be paid per Inspection /Re- Inspection 1) during normal working hours and 2) after hours, as proposed on the Bid Sheet. d. Mechanical Inspections /Re- Inspection: to be paid per Inspection /Re- Inspection 1) during normal working hours and 2) after hours, as proposed on the Bid Sheet. e. CDBG /IHDA Consultations and Inspections: to be paid per Inspection during normal working hours. C. Hourly fees: Hourly fees will be paid for Adjudication and Court; Daily Inquiries (Subsection V(K)), other work approved by the Village. Time will be billed in six (6) minute increments — 6 minutes equals one tenth (.1) of an hour. D. Plan Review fees: a. Residential Plan Reviews: to be paid per project 1) Standard Plan Review and Re- review and 2) expedited Plan Review and Re- review, as proposed on the bid sheet. b. Commercial, Multi - Family, and Industrial Plan Reviews: to be paid per project 1) Standard Plan Review and Re- review and 2) Expedited Plan Review and Re- review, as proposed on the bid sheet. Village of [Mount Prospect — Inspection & Plan Review Services RFP January S, 2011 Page 10 of 28 c. If Vendor overlooks or misses a code requirement during a Plan Review, any Re- review of the plan to offer compliance comments will be at no additional charge to the Village or the Permit Applicant. d. These fees shall be paid by the Permit Applicant at the hourly rate set forth in the bid sheet. E. Training: The Vendor's inspectors will attend Village training, as described in Subsection V(N), There shall be no charge to Village for time spent in or related to training. Inspection Invoicing: Invoices for services rendered shall be submitted on a monthly basis to the Village's Accounts Payable Division. The Village shall pay any uncontested invoice within 45 days of receipt of the invoice. G. Plan Review Invoicing: The Vendor shall directly invoice the permit applicant /project manager for the project and offer credit card payment ability. Notice of payment or a copy of the paid invoice shall be provided to the Village. The Village will not be responsible for payment of any Plan Review or Re- review costs. IX. Project Schedule /Term of Contract The Village intends to review all proposals and select a Vendor in the first quarter of 2011. The anticipated timetable for the process is: • Solicitation of Request for Proposals Released by the Village on January 5, 2011 • Vendor Open House /Question and Answer Session with Village Staff on January 19, 2011 at 2:00 PM in Village Hall Board Room • Vendor Inquiry Deadline for Questions Related to the RFP — January 24, 2011 • Village's written response to vendor questions for assistance with bid proposals available — January 26, 2011 • Vendor Proposals Submitted to the Village by 2:00 PM on February 2, 2011 • Selection of Vendor first quarter of 2011 • Award of Contract first quarter of 2011 • Start of Inspection Services anticipated May 1, 2011 Proposals submitted shall be valid through 2011. A contract for services shall be executed between the Village and Vendor with contract services anticipated to become effective on May 1, 2011. All Vendor staff assigned to provide the required services shall have obtained their designated certificates and qualifications prior to the RFP submittal due date. The Village will enter into a contract with the selected Vendor for an initial term limit of three (3) years, with provisions for an option to renew /extend the contract for an additional three (3) year period. X. Inspection Services and Building Plan Review RFP Open House The Village will host an open house /question and answer session with prospective Vendors to discuss the RFP and expectations of the Village and Vendor on January 19, 2011. Vendors who plan to submit a Ulcarge of , maaunt llroypec ( Inspecuon & P1un Review Services RF1 l anu ary 5„ 2011 1`6 g ,e I r (; 28 proposal for services are encouraged to attend. Attendance at the open house is not required for submittal of a proposal. The Village will compile a list of questions and answers that are received at the open house and throughout the open proposal period. This data will be provided to prospective vendors upon request and will be available on January 26, 2011. XI. Proposal Requirements All proposals must be received at the address below no later than 2:00 PM CST on February 2, 2011. Village of Mount Prospect Office of the Village Clerk 50 South Emerson Street Mount Prospect, IL 60056 Late proposals will not be accepted. Proposals shall be hand delivered or mailed. Emailed or faxed proposals will not be accepted. Vendors are to submit all materials together in a sealed packet, in accordance with the Instruction to Bidders, Attachment C. Vendors must submit three (3) copies of the proposal. The following information must be addressed in the proposal: 1. Brief description of the firm 2. An executive summary detailing your firms understanding of the project and the firm's interest in the project 3. Requirements specified in the Scope of Work (section V) 4. Workload (section IV) and Qualifications (section VI) 5. Necessary Licenses (section VII) 6. Detailed Cost Proposal broken down (section VIII) 7. References — names and phone numbers of references from at least three similar projects 8. A certificate of insurance shall be provided as required in the Instructions to Bidders, Attachment C. 9. Statement of credit /ability to perform based on financial resources. Proposals must include, at a minimum, properly completed and executed Attachment A — Bid Sheets, Attachment A(1) — Bid Sheet Terms and Conditions, Attachment B — Bid Certification Form, and such other documents as required by the RFP. Proposals must be signed by an authorized official of the Vendor, along with the name of the official and his /her title typed below the signature. The submission of the Proposal grants permission to the Village to make inquiries concerning the Vendor, its principals, officers, and directors to any persons or firms the Village deems appropriate. XII. Evaluation of Proposals The contract will be awarded to the Vendor who submits a proposal which is in the best interests of the Village. The bidders qualifications described in Section VI will be used to evaluate the proposals. Village af' Taunt Prospect In.spec. t & No?. Review,Yervsc.•es RFP Jandary.''r, 2 011 P ap e 12 aaf'28 XIII. Fee At a minimum, the cost proposal must be broken down by the Inspection cost for each type of Inspection, as provided in the Bid Sheets, Attachment A. Please be very explicit in listing and describing any services or items not included in the proposal fee amounts. The proposed fees in the Bid Sheets shall be for the first two (2) year period of the contract. XIV. Instructions to Bidders Vendor shall comply with the Instruction to Bidders, attached hereto and incorporated herein as Attachment (C). Vendor is expected to fully inform itself as to the conditions, requirements, and Specifications before submitting bids. Failure to do so will be at the Vendor's own risk. Submitting a proposal is an assumption that the Vendor is familiar with all conditions and intends to comply with them unless otherwise noted. XV. Inquiries Any inquiries regarding this Request for Proposal shall be directed to Brian Simmons, AICP, Deputy Director of Community Development. Mr. Simmons may be contacted by telephone at 847.818.5288 or via email at bsimmons @mountprospect.org (email preferred). All inquiries /questions related to this RFP shall be submitted no later than January 24, 2011. A summary of all inquiries and Village responses will be compiled and added as a supplement to this RFP by January 26, 2011. Vendors who intend to submit a proposal are encouraged to request a copy of this document prior to submitting their final proposal. XVI. Formation of Contract Upon selection, the final contract amount may be subject to negotiation to determine exact scope of services to be provided and final contract fee amount and a contract outlining all relevant terms shall be executed by both parties. Selection does not guarantee award of the contract. In the event the Vendor and the Village fail to execute a contract, the Village will choose from the remaining proposals or issue another Request for Proposals. Award of a contract shall not be final until a written contract has been approved by the Village of Mount Prospect Board of Trustees and entered into between the Parties. The Village reserves the right, at its sole discretion, to cancel or modify this RFP in part or in its entirety. The Village will not reimburse Vendor for any costs incurred in preparation or submission of the proposal. All costs of preparing proposals, including site visits and preliminary analyses, are made at the sole cost of the Vendor, and will not be reimbursed in anyway. Proposed fees should not include or consider the costs incurred in preparation of the proposal. Proposals become the property of the Village upon receipt. brllaa e ol Mount Pwos yec( frt.rpectfon 4 Plun Rewew. Yervcay :"AFT lanw.a-yJ, .2011 Page 1.3 ell`.28 ■ _ 41C W IISIN M Please include a detailed breakdown of the proposed fee amounts, including all major steps as deemed appropriate by Vendor. At a minimum, the following cost breakdown must be provided along with the executed Attachment A(1), Bid Sheet Terms and Conditions. Proposed fees are for three (3) years. Proposed Fee Schedule for Inspection Services Provide the cost of performing each Inspection type indicated below on a per Inspection cost basis. Fees include related telephone, email, or other communications. The base bid shall be for the first three years of the contract term. 1) Plumbing Inspections a. $ m ______per Inspection performed during normal working hours b. $per Inspection performed during after hours 2) Electrical Inspections a. $ _ w _/per Inspection performed during normal working hours b. $ 'per Inspection performed during after hours 3) Building Inspections a. $ Inspection performed during normal working hours b. $ /per Inspection performed during after hours 4) Mechanical Inspections a. $ Inspection performed during normal working hours b. $per Inspection performed during after hours 5) CDBG /IHDA Consultations and Inspections a. m per Inspection performed during normal working hours 6) Adjudication /Court / Inquiries /Consultations/ Other Duties as Assigned by the Village, a. $ hour* 7) Other Miscellaneous Costs a. Attach detail of any other costs that would be anticipated by the Vendor in order to perform the services identified within the Request for Proposals. *Any hourly fees shall be computed for billing purposes upon increments of 6 minutes bein equivalent to .1(one tenth) of an hour. Vifl R,ge of Wourr¢ Prospect — Inspection &., Plan Review Ser vi(.:e.s RIP P Jan uaw�ly .5, 2011 Pa,s�'e 14 gf'28 ATTACHMENT A cont'd - BID SHEETS Proposed Fee Schedule for Plan Review Servi RESIDENTIAL PLAN REVIEWS STANDARD PLAN REVIEW EXPEDITED PLAN REVIEW Description of Project (includes EXPEDITED PLAN REVIEW ............. _....._ ..� _ .... -.� Description of Project (include building, structural, mechanical, building, structural, plumbing, and electric disciplines - no Any other Re- Initial Plan Any other Re- plumbin Initial Plan Review reviews Review reviews Initi Plan Rev Single family home unlimited Review reviews Single family home unlimited sq uare foot $ $ $ $ Single family home addition /2nd $ — .........,,. _ $ ........ $ Single family home addition /2nd floor addition /sunroom /or other floor addition /sunroom /or other similar addition 300 square feet to similar addition 300 square feet to 1000 square feet $ $ $ $ STANDARD PLAN REVIEW EXPEDITED PLAN REVIEW _....._ ..� _ .... -.� Description of Project (include building, structural, plumbing, electric, and mechanical Any other Re- Initial Plan Any other Re- disciplines) Initi Plan Rev reviews Review reviews Single family home unlimited square footage _.__._.a.......... _ ....._. $ w_... $ — .........,,. _ $ ........ $ Single family home addition /2nd floor addition /sunroom /or other similar addition 300 square feet to 1000 square feet ¢vj'A"9� unt Pro 1ecl InvIj^e«:tion & Man Revww Ses°v ces ';:w asvary ..`r, 2011 1 oge 1:5 of — ?8 ATTACHMENT A cont'd - BID SHEETS Proposed Fee Schedule for Plan Review Services COMMERCIAL, MULTIFAMILY, AND INDUSTRIAL PLAN REVIEWS - STANDARD PLAN REVIEW Base building review includes building and structural reviews. For purposes of this bid, a discipline is one of the following: building, mechanical, electric, plumbing, energy and accessibility reviews. ALTERNATE Base Building and Base Building Each additional Gross Floor Area up to three and up to four Plumbing fixture or waste load and means of egress review is disciplines disciplines Deduct completed by the Village of Mount opening BASE BID Up to 2500 square fee 2501 to 400 square feet $ Deduct 4001 to 6000 sq uare feet percentage 6001 to 80 00 square fe m_._........._... �� .............___. ------- -- 8001 to 10,000 sq uare feet Over 10,001 square f . ..... . ��........ ALTERNATE Alternate deduct #1 - If occupant load and means of egress review is $ Deduct completed by the Village of Mount percentage Prospect Fire Department. Alternate deduct #2 - If tenant improvement, provide $ Deduct deduct /discount from building fee. percentage Village, (#'Adounl Prospect- Inspecrion & Flan Re view Services R1 danucaayr , 2011 ATTACHMENT A cont'd - BID SHEETS Proposed Fee Schedule for Plan Review Services COMMERCIAL, MULTIFAMILY, AND INDUSTRIAL PLAN REVIEWS - EXPEDITED PLAN REVIEW Base building review includes building and structural reviews. For purposes of this bid, a discipline is one of the following: building, mechanical, electric, plumbing, energy and accessibility reviews. Over 10,001 squ f eet ALTERNATE Alternate deduct #1 - If occupant load and means of egress review is $ Deduct percentage completed by the Village of Mount Prospect Fire Department. Alternate deduct #2 - If tenant improvement, provide $ Deduct percentage deduct /discount from building fee.: ofjlde un� Prrwqxct a'rvgmx r°d`ion &, Man Rr'T Januag ), 2011 " "''cY€ e 17 vl'2"8 Attachment A(1) Bid Sheet Terms and Conditions By submitting a proposal in response to the RFP, the Vendor agrees to the following: 1. Vendor agrees to and accepts all terms listed in the RFP and guarantees that Vendor is capable of providing services as described and in concurrence with the conditions listed in the RFP. 2. Vendor agrees to and accepts that the selection of a proposal by the Village is not a guarantee of a contract for the amount proposed, nor is selection a guarantee of any contract. Final contract is a condition on agreement of final Scope of Work and final negotiated fee amount. 3. Vendor guarantees that all work provided in proposal is original and does not infringe in any way upon the rights of others and that Vendor can perform all obligations in compliance with all federal, state, and local laws, rules, and regulations. 4. By submitting a proposal the Vendor relinquishes all rights to submitted proposals or the ideas contained therein and the Village reserves the right to retain all submitted proposals and to use any ideas and any proposal submitted, regardless of whether or not the proposal is selected. All materials submitted in response to the RFP shall become property of the Village and will not be returned. 5. Vendor certifies that the services requested shall be provided solely by the Vendor and shall not be subcontracted to other parties. The Vendor shall act as the sole provider for performing these Inspection services. If any work is proposed to be performed in partnership with a second entity this shall be declared in the Vendor's submitted proposal. Vendor: Name and Title Signature, ..... ............................................_...._....._......... .._............................ Date: Village (? Wilcaunt Prospect ct — Inspection & Flaws Review ,Services .RIT Jarm ary 5, 2011 Page 18 waf 213 ATTACHMENT B — BID CERTIFICATION FORM NOTE: THIS FORM MUST BE NOTARIZED I /We hereby certify that is not barred from bidding on this (name of bidder) contract as the result of a violation of either Article 33E -3 or Article 33E -4 of State Statute 720 ILCS 5/33. I /We further certify that Bidder is not delinquent in payment of any taxes to Illinois Department of Revenue — 65 ILCS 5/11- 42.1 -1, and that the Bidder, any subsidiaries, and all primary officers are free from any local and state liens. Signed: Date; Name: Title: Subscribed and sworn to before me This day of 2011 Notary Public PUBLIC ACT 85 -1295 720 ILCS 5/33 Section 5/33E -3 Bid - rigging. A person commits the offense of bid - rigging when he knowingly agrees with any person who is, or but for such agreement would be, a competitor of such person concerning any bid submitted or not submitted by such person or another to a unit of State of local government when with the intent that the bid submitted or not submitted will result in the award of a contract to such person or another and he either (1) provides such person or receives from another information concerning the price or other material term or terms of the bid which would otherwise not be disclosed to a competitor in an independent non - collusive submission of bids or (2) submits a bid that is of such a price or other material term or terms that he does not intend the bid to be accepted. Bid - rigging is a Class 3 felony. Any person convicted of this offense shall be barred for 5 years from the date of conviction from bidding on any contract offered for bid by any unit of State or local government. Section 5/33E -4 Bid Rotating. A person commits the offense of bid rotating when pursuant to any collusive scheme or agreement with another, he engages in a pattern over time (which, for purposes of this Section, shall include at least 3 contract bids within a period of ten years, the most recent of which occurs after the effective date of this amendatory Act of 1988) of submitting sealed bids to units of State or local government with the intent that the award of such bids rotates, or is distributed among, persons or business entities which submit bids on a substantial number of the same contracts. Bid rotating is a Class 2 felony. Any person convicted of this offense or any similar offense of any state or the United States which contains the same elements as this offense shall be permanently barred from bidding on public contracts in the State of Illinois. hlht ee of v oldra Pros cc;t lnsjje° on 4 Plan RIT ra`ara°as €.a;yyy .y .10 !' " ATTACHMENT C - INSTRUCTIONS TO BIDDERS The general rules and conditions that follow apply to all bids requested and accepted by the Village of Mount Prospect unless otherwise specified. Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and Specifications before submitting bids. Failure to do so will be at the bidder's own risk. Submitting of a bid is an assumption that Vendor has familiarized himself with all conditions and intends to comply with them unless noted otherwise. Bid Documents shall include: 1. FORMS Bid forms are furnished by the Village. All bids must be submitted on the forms provided, complete and intact, properly signed in ink in the proper spaces, and submitted in a sealed envelope. All bids must be delivered to the appropriate Village representative prior to the bid opening date and time to be considered. Bids must be identified as such on the outside of the sealed envelope. This can be done by label as may be provided by the Village, or by marking the envelope "Inspection Services Proposed" and with the following information: company's name, address, item bid, date and time of opening. 2. ALTERNATE MULTIPLE BIDS /SPECIFICATIONS The RFP Specifications describe the services that the Village feels are necessary to meet the performance requirements of the Village. It is not the desire or the intent to eliminate or exclude any bidder from bidding because of minor deviations, alternates or changes. Bidders desiring to bid on services which deviate from these Specifications, but which they believe are equivalent, are requested to submit alternate bids. However, alternate bids must be clearly indicated as such, and deviations from the applicable Specifications should be plainly noted. The bid must be accompanied by complete specifications for the services offered. Any questions regarding the Specifications, drawings, etc., shall be referred to that individual so referenced in the RFP. Vendors wishing to submit a secondary bid must submit it as an alternate bid. There is to be only one bid per envelope. The Village shall be the sole and final judge unequivocally as to whether any substitute is of equivalent or better quality. This decision is final and will not be subject to recourse by any person, firm or corporation. 3. RECEIVING OF BIDS Bids received prior to the time of opening will be securely kept, unopened. The Department Director or his /her designee, whose duty it is to open the bids, will decide when the specified time has arrived, and no bid received thereafter will be considered. No responsibility will be attached to the Village or its representatives for the premature or non - opening of a bid not properly addressed and identified, except as otherwise provided by law. Vella,ge gf',Vlowit Prospect — Inspection & Plan Revrewp S rvice,.v 1 - F' Jar U(II,y 5, .? 0 11 Page 20 c�1'28 4. LATE BIDS Bids arriving after the specified time, whether sent by mail, courier, or in person, will not be accepted. These bids will either be refused or returned unopened. It is the bidder's responsibility for timely delivery regardless of the method used. Mailed bids which are delivered after the specified hour will not be accepted regardless of post marked time on the envelope. S. BIDS BY FAX Bids must be submitted on the original forms provided by the Village completely intact as issued. Facsimile machine transmitted bids will not be accepted, nor will the Village transmit bid documents to prospective bidders by way of a facsimile machine. 6. ERROR IN BIDS When an error is made in extending total prices, the unit bid price will govern. Otherwise, the bidder is not relieved from errors in bid preparation. Erasures in bids must be explained over signature of bidder. 7. WITHDRAWAL OF BIDS A written request for the withdrawal of a bid or any part thereof may be granted if the request is received by the Director of the requesting Department prior to the specified time of opening. After the opening, the bidder cannot withdraw or cancel his bid for a period of sixty (60) calendar days, or such longer time as stated in the bid documents. 8. CONSIDERATION OF BID No bid will be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to the Village upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the Village or had failed to perform faithfully any previous contract with the Village. The bidder, if requested, shall present, within 48 hours, evidence satisfactory to the Village of performance ability and possession of necessary facilities, pecuniary resources and adequate insurance to comply with the terms of these Specifications and contract document. PM1111[81:10 Unit prices shall be shown for each unit on which there is a bid, and shall include all packing, crating, freight, and shipping charges, and cost of unloading at the destination unless otherwise stated in the bid. Unit prices shall not include any local, state or federal taxes. The Village is exempt, by law, from paying state and village retailer's occupation tax, service occupation tax, and federal excise tax. The Village will supply the successful bidder with its tax exemption number. Village aJ,lw wat Prospect ct I; spection & Plan Review Services P 1P January 5, 2011 Pape :?C of`28 Cash discounts will not be considered in determining overall price, but may be used In an overall evaluation. 10. AWARD OR REJECTION The Village reserves the right to reject and /or award any and all bids or parts thereof and to waive formalities and technicalities according to the best interests of the Village. Any bid submitted will be binding for sixty (60) days subsequent to the date of the bid opening. Bidders shall make all investigations necessary to thoroughly inform themselves regarding the equipment or supplies to be furnished in accordance with the bid. No plea of ignorance by the bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations and investigations will be accepted as a basis for varying the requirements of the Village of the compensation to the bidder. Any exceptions not taken by the bidder shall be assumed by the Village to be included. A contract will be awarded to the lowest qualified and responsible bidder complying with the conditions of the contract documents only when it is in the best interest of the Village to accept the bid. The Village shall be the sole judge of compliance with the Specifications and reserves the right to accept or reject any and /or all bids or parts thereof. 11. PAYMENT Payment will be made within thirty (30) days after acceptance of the services rendered and bidder's compliance with all stipulations relating to the bid /contract. 12. REQUIREMENT OF BIDDER The successful bidder shall, within ten (10) days after notification of the award: a) enter into a contract in writing with the Village covering all matters and things as are set forth in the specifications and his bid; b) carry insurance acceptable to the Village, covering public liability, property damage, and workers compensation. Said time limit may be waived or increased at the Village's sole discretion. 13. COMPLIANCE WITH ALL LAWS All work under the contract must be executed in accordance with all applicable federal, state and local laws, ordinances, rules and regulations, including: i. Provide a drug free workplace pursuant to the Illinois Drug Free Workplace Act (30 ILCS 580/1, et seq.); ii. Comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1, et seq.); iii. Comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2 -101, et seq.), including establishment and maintenance of a sexual harassment policy as required by Section 2 -105, and the Rules and Regulations of the Illinois Department of Human Rights, including the Vilh.ig of Mount 1'rospecl lnspec:non l( Plan I evi iw Sri rKuas RFP Jranr.Rary ,5, 2011 1Drag,r: 27 gf`28 provisions of the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE, which are a material term of all public contracts, see Title 44, Part 750, Section 750, APPENDIX A, Illinois Administrative Code, Equal Employment Opportunity Clause (See also Paragraph 19 herein); iv. Comply with the Substance Abuse Prevention on Public Works Projects Act, 820 ILCS 265/1 et seq., and V. Comply with the American with Disabilities Act. 14. CONTRACT ALTERATIONS No amendment of a contract shall be valid unless made in writing and signed by the Village President, Village Manager, or their authorized representative. 15. NOTICES All notices required by the contract shall be given in writing. 16. NONASSIGNABILITY The Vendor shall not assign the contract, or any part thereof, to any other person, firm or corporation without the previous written consent of the Village. Such assignment shall not relieve the Vendor from his obligations or change the terms of the contract. 17. INDEMNITY The Vendor shall indemnify and save harmless the Village, its officers and employees from any and all liability, losses or damages, including attorneys fees and costs of defense, the Village may suffer as a result of claims, demands, suits, actions or proceedings of any kind or nature, including workers' compensation claims, in any way resulting from or arising out of the operations of the Vendor under this contract, including operations of subcontractors; and the Vendor shall, at his own expense, appear, defend, and pay all fees of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and, if any judgments shall be rendered against the Village in any such action, the contractor shall, at his own expense, satisfy and discharge same. The Vendor expressly understands and agrees that any performance bond or insurance protection required by the contract, or otherwise provided by the Vendor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Village as herein provided. 18. EQUAL EMPLOYMENT OPPORTUNITY The Equal Employment Opportunity Clause, 44 ILL. Adm. Code 750 Appendix A, which is found at the end of this Exhibit as Attachment D, is incorporated by reference into every bid specification and contract. Every Vendor and subcontractor shall comply with the provisions of the Equal Employment Opportunity Clause. �x of Xlowt6!`rrrsprPcr- lrxspe;c•t�wi Review .?r " 1 , P Januarj) 1 011' 19. REQUIRED INSURANCE In submission of a bid, the bidder is certifying that he has all insurance coverages required by law or would normally be expected for bidder's type of business. In addition, the bidder is certifying that he has at least the following insurance coverages: Tvp of Insurance General Liability Bodily Injury Property Damage Contractual Ins. Limit/ Limit/ Ea. Occurrence Aggregate $1,000,000 $3,000,000 $1,000,000 $3,000,000 $1,000,000 $3,000,000 Automobile Liability (to cover hired, owned, and non -owned vehicles) Bodily Injury $1,000,000 $1,000,000 Property Damage $1,000,000 $1,000,000 Workers Compensation Employee Claims Statutory for Illinois Employers Liability $1,000,000 per accident Professional liability insurance with limits not less than $1,000,000 each claim with respect to negligent acts, errors and omissions in connection with professional services to be provided under the contract, with a deductible not -to- exceed $50,000 without prior written approval. The bidder is to grant the Village an "additional insured" and "loss payee" status on all applicable insurance policies and provide the Village with original endorsements affecting coverage required by this clause. Said policies will not be cancelled unless the Village is provided a thirty (30) day written notice. Nothing contained in the insurance requirement shall be construed as limiting the extent of the Vendor's responsibilities for payment of damages resulting from his operations under this agreement. The Vendor shall not commence work under the approved contract until it has obtained all insurance required hereunder and such insurance has been approved by the Village. Certificates of such insurance shall be filed with the Village prior to commencing work. 20. BID PERFORMANCE DEPOSIT When it is required, it will be so stated elsewhere within this bid package along with the amount required. The deposit is to be in the form of a certified check, or a bank cashier's check. All bid performance deposit checks will be retained by the Village until the bid award is made, at which time the checks will be promptly returned to the unsuccessful bidders. The bid performance deposit check of the successful bidder will be retained until the services have been rendered or completed /installed and found to be in compliance with the specification or until surety bonding requirements have been satisfied and proof of insurance coverage is provided in accordance with the Special Provisions Section of these specifications. Vdlraf�e of'lVrliaunt Prospect Inspection & Plan leer rew .Ver va ces RF1 January 5, 2111 / d'cz;e 24 of`28 21. ACCEPTANCE After the acceptance and award of the bid, this instruction to bidders, and all other portions of the bid documents, including the specifications, will constitute part of the legal contract between the Village of Mount Prospect and the successful bidder. 22. DEFAULT The Village may terminate a contract by written notice of default to the Vendor if the Vendor: a. Fails to make delivery or perform the services within the time frame specified in the Specifications, or b. Fails to make progress so as to endanger performance of the contract, or c. Fails to provide or maintain in full force and effect, the liability and indemnification coverages or performance bond as is required; or d. Services provided by the Vendor jeopardize the public safety, as determined by the Village. If the Village terminates the contract, the Village may procure services similar to those so terminated, and the Vendor shall be liable to the Village for any excess costs for similar services, unless the Vendor provides acceptable evidence that failure to perform the contract was due to causes beyond the control and without the fault or negligence of the Vendor. 23. SPECIAL CONDITIONS Wherever special conditions /requirements are written into the Specifications or Special Provisions which are in conflict with conditions stated in these Instructions to Bidders, the conditions stated in the Specifications or Special Provisions /Requirements shall take precedence. 24. PERMITS AND LICENSES The successful bidder shall obtain, at his own expense, all permits and licenses that may be required to complete the contract (where applicable). 25. GENERAL GUARANTY Vendor represents and warrants to the Village that it has the experience and ability to perform the services required by the RFP, and that it will perform said services in a professional, competent and timely manner, as represented and suitable for the performance of the RFP. Neither the final certificate of payment nor any provision in the contract nor partial or entire use of the product/ improvement/ services embraced in this contract by the Village or the Public shall constitute an acceptance of work not done in accordance with the contract, or relieve the contractor of liability in respect to any express warranties or responsibility for failure to comply with the terms of those contract documents. dl�g "e erfMordnt Prospect r'nypec, err & Plan Review Services y"U P .1'onuaryy 5, .201 It is expressly agreed by the parties hereto that in the event any defects or imperfections in the materials or workmanship to be furnished by the Vendor herein appear within the period of one year from the date of completion of all the work mentioned herein and acceptance thereof by the Village of Mount Prospect, the Vendor will, upon notice from said Village (which notice may be given by letter to said Vendor to the business address of the contractor shown in the proposal), repair and make good at his own cost any such defects or imperfections and replace any defective or imperfect materials or workmanship with other materials or workmanship satisfactory to said Village, and furnish all such new materials and labor as may be necessary to do so; and in the event of the failure, refusal or delay of said workmanship or materials said Village may do so or have same done by others, and said Vendor and surety or sureties on his bond given for the faithful performance of this contract shall be liable to the Village of Mount Prospect for all damages and expenses occasioned by such failure, refusal or delay. 26. BIDDERS QUALIFICATIONS All bidders must submit the following information on or before the time at which the bid is required to be submitted: a. The location of the bidder's permanent place of business. b. Evidence of ability to provide an efficient and adequate plan for executing the work. c. A list of similar projects carried out by the bidder. d. A list of projects the bidder presently has under contract. e. Any additional evidence tending to show that the bidder is adequately prepared to fulfill the contract. 27. BID CERTIFICATION FORM All bid submittals must include a signed Bid Certification Form (copy included in Bid Documents) certifying that the bidder is in compliance with Sections 33E -3 and 33E -4 of the Illinois Criminal Code regarding bid rotating and bid - rigging. Illinois State Law Article 33E -3 and 33E -4 states that it is unlawful to participate in bid- rigging and /or bid rotating. Therefore, all bidders must certify that they are not barred from bidding on the contract as a result of a violation of State Law 33E -3 and /or 33E -4, prohibiting bid - rigging and bid rotation. It is necessary that this be done under oath. Therefore, the form included with the bid submittal sheets must be notarized. Contractor certifies that he /she /it is not delinquent in payment of any taxes to Illinois Department of Revenue — 65 ILCS 5/11- 42.1 -1. 28. DEVIATIONS Unless denoted "No Substitution ", the Village's minimum required Specifications may be exceeded. However, Vendors must list all Specification deviations and provide a description and /or catalog sheet that fully describes that which they propose to furnish, in lieu of that specified. Final bid acceptance shall be based upon that bid deemed most favorable to the interests of the Village after all bids have been examined and canvassed. JanzdarYl 5, 2011 1 26 qf'2 s 29. MISCELLANEOUS The Vendor is specifically denied the right of using any form or medium the name of the Village of Mount Prospect for any advertising, promotion or reference, unless express written permission is granted by the Village. 30. INDEPENDENT CONTRACTOR The Vendor will be retained by the Village only for the purposes and to the extent set forth in this Agreement, and his /her relation to the Village shall, during the term of this Agreement and the period of her services hereunder, be that of an independent contractor. The Vendor shall be free to use such time, energy and skill as he /she is obligated to devote hereunder to the Village, in such manner as he /she sees fit. The Village shall not be considered as having an employee status, nor shall the Village withhold any sums for the payment of income taxes, or FICS taxes, nor shall the Village be entitled to participate in any plans, arrangements, or distributions by the Village pertaining to or in connection with any pension or retirement plans, or any other benefits for the regular employees of the Village. o� Iromf �Irr,s,uF ,' hT c,�r,ion & Mew January ." _:'01I 1 >7 of 1 8 ATTACHMENT D = EQUAL EMPLOYMENT OPPORTUNITY CLAUSE EQUAL EMPLOYMENT OPPORTUNITY In the event of the contractor's non - compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ( "Department "), the contractor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the contractor agrees as follows: 1. That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, citizenship status, age, physical or mental handicap unrelated to ability, military status, or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 2. That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with the Department's Rules) of minorities and women in the areas from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 3. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, citizenship status, age, physical or mental handicap unrelated to ability, military status, or an unfavorable discharge from military service. 4. That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the contractor's obligations under the Illinois Human Rights Act and the Department's Rules. If any such labor organization or representative fails or refuses to cooperate with the contractor in its efforts to comply with such Act and Rules, the contractor will promptly so notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. 5. That it will submit reports as required by the Department's Rules, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules. 6. That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules. Village of'Mount .lsrospect ...... Tnype Hawse & Plan Rs view?r Seriwes RFP Janua?y 5, 2011 ,F cqe 28 (j,1'28 That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, the contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations.