Winnetka Village Council REGULAR MEETING Village Hall 510 Green Bay Road September 5, :00 p.m. AGENDA

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1 Winnetka Village Council REGULAR MEETING Village Hall 510 Green Bay Road September 5, :00 p.m. s regarding any agenda item are welcomed. Please and your will be relayed to the Council members. s for the Tuesday Council meeting must be received by Monday at 4 p.m. Any may be subject to disclosure under the Freedom of Information Act. AGENDA 1) Call to Order 2) Pledge of Allegiance 3) Quorum a) September 12, 2017 Study Session b) September 19, 2017 Regular Meeting c) October 3, 2017 Regular Meeting 4) Public Comment 5) Reports 6) Approval of Agenda 7) Consent Agenda a) Approval of Village Council Minutes i) August 15, 2017 Regular Meeting...3 b) Approval of Warrant List dated August 11 31, c) Resolution No. R ; Approving A Purchase of Spare Circuit Breaker For The Plant Load Center From Eaton Corp. (Adoption)...7 d) Resolution R : Third Curb Cut for Driveway at 220 Birch Street (Adoption) ) Ordinances and Resolutions a) Ordinance No. M : 1121 Merrill Street, Variations (Introduction / Adoption)...19 b) Resolution No. R , Waiving Form Bidding and Approving Change Order No. 2 to the Agreement with ALamp Concrete Contractors (Adoption)...54 c) Resolution No. R : Approving a Contract with Fairbanks Morse Engine for Repairs to Diesel Generator #9 (Adoption)...61 d) Resolution R : Stormwater Management Preliminary Engineering (Adoption) ) Old Business: None. 10) New Business: None. Agenda Packet P. 1

2 11) Appointments 12) Closed Session 13) Adjournment NOTICE All agenda materials are available at villageofwinnetka.org (Government > Council Information > Agenda Packets & Minutes); the Reference Desk at the Winnetka Library; or in the Manager s Office at Village Hall (2 nd floor). Webcasts of the meeting may be viewed on the Internet via a link on the Village s web site: The Village of Winnetka, in compliance with the Americans with Disabilities Act, requests that all persons with disabilities who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities, contact the Village ADA Coordinator Megan Pierce, at 510 Green Bay Road, Winnetka, Illinois 60093, ; T.D.D Agenda Packet P. 2

3 MINUTES WINNETKA VILLAGE COUNCIL REGULAR MEETING August 15, 2017 (Approved: xx) A record of a legally convened regular meeting of the Council of the Village of Winnetka, which was held in the Village Hall Council Chambers on Tuesday, August 15, 2017, at 7:00 p.m. 1) Call to Order. President Pro Tem Myers called the meeting to order at 7:00 p.m. Present: Trustees Andrew Cripe, Robert Dearborn, John Swierk, and Kristin Ziv. Absent: President Chris Rintz and Trustee Penfield Lanphier. Also present: Village Manager Robert Bahan, Assistant Village Manager Megan Pierce, Village Attorney Peter M. Friedman, Finance Director Tim Sloth, Assistant Finance Director Nick Mostardo, Assistant Public Works Director Jim Bernahl, and approximately 8 persons in the audience. 2) Pledge of Allegiance. President Pro Tem Myers led the group in the Pledge of Allegiance. 3) Quorum. a) September 5, 2017 Regular Meeting. All of the Council members present said they expect to attend. b) September 12, 2017 Study Session. All of the Council members present said they expect to attend. c) September 19, 2017 Regular Meeting. All of the Council members present said they expect to attend. 4) Public Comment. 5) Reports: a) Trustees. i) Trustee Dearborn reported on the last Landmark Preservation Commission meeting. ii) Trustee Cripe reported on the last Community Conversations session on August 12 th. iii) Trustee Swierk reported that he had benefited from new Trustee training with Village staff. b) Attorney. None. c) Manager. None. d) Village President Pro Tem. None. 6) Approval of the Agenda. Trustee Cripe, seconded by Trustee Ziv, moved to approve the Agenda. By voice vote, the motion carried. Agenda Packet P. 3

4 Winnetka Village Council Regular Meeting August 15, ) Consent Agenda a) Village Council Minutes. i) August 1, 2017 Regular Meeting. b) Warrant List. Approval of Warrant List dated July 28 August 10, 2017 in the amount of $1,760, c) Resolution No. R : Rejecting Bids for RFB # (Adoption). A Resolution rejecting bids received pursuant to RFB # , as the proposed project cost would exceed available budgeted funds. d) Resolution No. R : Accepting Membership to the Northwest Health Insurance Pool (NWHIP) Sub-Pool, a Member of the Intergovernmental Personnel Benefit Cooperative (Adoption). A Resolution accepting membership for the Village of Winnetka into the Northwest Health Insurance Pool Sub-Pool and the Intergovernmental Personnel Benefit Cooperative. e) Resolution No. R ; Approving a Fifth Amendment to a License Agreement with Chicago SMSA Limited Partnership, d/b/a Verizon Wireless (Adoption). Approval of a fifth amendment to a license agreement with Chicago SMSA Limited Partnership, d/b/a Verizon Wireless, substantially in the form presented in Exhibit A to Resolution No. R f) Village Green Flag Request. Approval of a request to place flags on the Village Green to remember the victims of the September 11, 2001 terrorist attacks. Trustee Dearborn, seconded by Trustee Cripe, moved to approve the foregoing items on the Consent Agenda by omnibus vote. By roll call vote, the motion carried. Ayes: Trustees Cripe, Dearborn, Swierk, and Ziv. Nays: None. Absent: Trustee Lanphier. 8) Ordinances and Resolutions. None. 9) Old Business. None. 10) New Business. a) Distinguished Budget Presentation Award. Mr. Sloth explained that the Government Finance Officers Association (GFOA) has awarded Winnetka the Distinguished Budget Presentation Award for its 2017 Annual Budget. He noted the award is a significant achievement and reflects the commitment of the Village to meet the highest principles of governmental accounting. A Certificate of Recognition for Budget Presentation was also awarded to Assistant Finance Director Nick Mostardo. Mr. Erik Burk, Finance Director for the Village of Deerfield, representing the GFOA, presented the Distinguished Budget Presentation award to Mr. Sloth, and the Certificate of Recognition to Mr. Mostardo. He noted that the award represents a significant accomplishment by the Village, as nationally recognized guidelines must be met by a Budget document in order to qualify. The Council commended Messrs. Sloth and Mostardo, and the Village Finance Department. 2 Agenda Packet P. 4

5 Winnetka Village Council Regular Meeting August 15, 2017 b) Comprehensive Annual Financial Report (CAFR). Mr. Sloth explained that the annual audit is intended to show that the Village s financial statements are accurate and complete. He thanked Mr. Mostardo and the Village s new Accounting Manager, Dell Duckworth, for getting the Village through the audit process. Then, he introduced Ron Amen, a partner in Lauterbach and Amen, the Village s auditor. Mr. Amen reviewed the comments in the Management Letter as they relate to new GASB policies and several of the Village s fund balances. He said the Village has again earned the opinion of Unqualified meaning that the financial statements are materially correct. Next, he reviewed the Audit process and explained comments in the Management Letter, after which Messrs. Sloth and Mostardo answered questions from the Council about the Audit. c) 220 Birch Street Third Driveway - Policy Direction. Mr. Bernahl reviewed this request to exceed the allowable number of curb cuts for a residential driveway. The new home is under construction, and Village staff denied the request for a third curb cut, as the Village Code provides that the Village Council must approve such requests. He said it is staff s opinion that the third cut will not negatively impact traffic, safety or trees in the area. He noted that granting the request would actually decrease the amount of impervious area compared to the previous home; and any reduction in impervious area is always a bonus in the flood plain. Chris Freeberg, owner of 220 Birch Street. He explained that he is looking to provide incremental stormwater best practices in the form of storage that is 30% higher than the previous property provided. After a brief discussion, the Council agreed unanimously to approve the request. Trustee Cripe, seconded by Trustee Ziv, moved to direct the Village Attorney to draft a Resolution approving the third curb cut for 220 Birch Street. By voice vote, the motion carried. 11) Appointments: None. 12) Closed Session. None. 13) Adjournment. Trustee Dearborn, seconded by Trustee Cripe, moved to adjourn the meeting. By voice vote, the motion carried. The meeting adjourned at 7:53 p.m. Deputy Clerk 3 Agenda Packet P. 5

6 Title: Agenda Item Executive Summary Presenter: Robert M. Bahan, Village Manager Agenda Date: 09/05/2017 Ordinance Resolution Bid Authorization/Award Consent: YES NO Policy Direction Informational Only Item History: None. Warrant List Executive Summary: The Warrant List dated August 11-31, 2017 was ed to each Village Council member. Recommendation: Consider approving the Warrant List dated August 11-31, Attachments: None. Agenda Packet P. 6

7 Agenda Item Executive Summary Title: Resolution No. R ; Approving A Purchase of Spare Circuit Breaker For The Plant Load Center From Eaton Corp. (Adoption) Presenter: Brian Keys, Director of Water & Electric Agenda Date: 09/05/2017 Ordinance Resolution Bid Authorization/Award Consent: YES NO Policy Direction Informational Only Item History: Budgeted Expense Item Executive Summary: As part of the approved 2017 Electric Fund Budget, funding in the amount of $49,000 (account # ) was allocated for the purchase of a spare 15kV circuit breaker to be used in the Plant Load Center (substation). Bid # was issued for the purchase of a reconditioned breaker, retrofitted breaker or a new vacuum interrupter circuit breaker suitable for use in the 1975 Federal Pacific switchgear. The circuit breaker will be a spare breaker to back-up the existing circuit breaker that is used to connect bus 1 and bus 2 (ie. bus tie breaker) in the switchgear located at the Plant Load Center substation building. The bus tie breaker is frequently used to switch load during generation, during field switching of distribution circuits, maintenance of tie line breakers and/or to restore a bus during a tie line outage. Staff received a single response from Eaton Corporation. Eaton provided quotes for both a 1200 amp and 2000 amp 15kV vacuum interrupter circuit breaker amp breaker: $27, amp breaker: $31,700 Staff is recommending acceptance of the quoted price for the 2000 amp breaker. This is consistent with the electrical rating of the existing breaker. Recommendation: Consider adoption of Resolution No. R , approving the purchase of spare circuit breaker for the Plant Load Center from Eaton Corp. Attachments: Resolution No. R ; Approving A Purchase of Spare Circuit Breaker For The Plant Load Center From Eaton Corp. Agenda Packet P. 7

8 RESOLUTION NO. R A RESOLUTION APPROVING A PURCHASE OF A SPARE CIRCUIT BREAKER FOR THE PLANT LOAD CENTER FROM EATON CORPORATION WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the Village of Winnetka ( Village ) to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the Village has appropriated funds for the purchase of a spare circuit breaker for the Plant Load Center ( Equipment ); and WHEREAS, the Village requested bids for the Equipment, and received one bid to provide the Equipment; and WHEREAS, pursuant to Chapter 4.12 of the Village Code and the Village s purchasing manual, the Village Council has determined that Eaton Corporation ( Vendor ), is the lowest responsive and responsible bidder to provide the Equipment; and WHEREAS, the Village Council desires to enter into an agreement with Vendor for the purchase of the Equipment not to exceed $31, ( Purchase ); and WHEREAS, the Village Council has determined that it is in the best interests of the Village and its residents to authorize the Purchase from the Vendor; NOW, THEREFORE, BE IT RESOLVED, by the Council of the Village of Winnetka, Cook County, Illinois, as follows: SECTION 1: RECITALS. The Village Council hereby adopts the foregoing recitals as its findings, as if fully set forth herein. SECTION 2: APPROVAL OF PURCHASE. The Village Council hereby approves the Purchase of the Equipment from the Vendor in an amount not to exceed $31, SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The Village Council hereby authorizes and directs the Village President and the Village Clerk to execute and attest, respectively, on behalf of the Village, the final agreement for the Equipment after receipt by the Village Manager of two executed copies of the final agreement from Vendor; provided, however, that if the Village Manager does not receive two executed copies of the final agreement from Vendor within 60 days after the date of adoption of this Resolution, then this authority to execute and seal the final agreement will, at the option of the Village Council, be null and void. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. [SIGNATURE PAGE FOLLOWS] September 5, 2017 R Agenda Packet P. 8

9 ADOPTED this 5 th day of September, 2017, pursuant to the following roll call vote: AYES: NAYS: ABSENT: ABSTAIN: Signed Countersigned: Village President Village ClerkBre September 5, 2017 R Agenda Packet P. 9

10 Agenda Item Executive Summary Title: Resolution R : Third Curb Cut for Driveway at 220 Birch Street (Adoption) Presenter: Steven M. Saunders, Director of Public Works/Village Engineer Agenda Date: 09/05/2017 Ordinance Resolution Bid Authorization/Award Consent: YES NO Policy Direction Informational Only Item History: On August 15, 2017, the Village Council reviewed Village staff's denial of an application from the property owners at 220 Birch Street to construct a circular driveway on the north frontage of their corner lot, which is also served by a single driveway on the east frontage of the lot. Village Code Section D restricts the number of curb cuts to two for lots 75 feet wide or wider. After review, the Council provided policy direction for staff to prepare a Resolution for Council consideration approving a third curb cut for the property. Executive Summary: Resolution R authorizes the owners of 220 Birch Street to construct a total of three curb cuts for the property, in accordance with the site plan reviewed by the Village Council on August 15, 2017, provided that the development, use, and maintenance of the Driveway must comply at all times with all applicable Village codes and ordinances, as they have been or may be amended over time. Further, the development, use, and maintenance of the Driveway must be in strict accordance with the Proposed Driveway Plan consisting of one sheet and prepared by Martin Associates with a latest revision date of June 4, 2016, a copy of which is attached to, and by this reference, made a part of this Resolution as Exhibit B, except for minor changes and site work approved by the Director of Public Works (within his permitting authority) in accordance with all applicable Village codes, ordinances, and standards. This Resolution will be effective only upon the filing by the Owner with the Village Clerk of an Unconditional Agreement and Consent in the form of Exhibit C attached to and, by this reference, made a part of this Resolution, to accept and abide by each and all of the terms, conditions, and limitations set forth in this Resolution and to indemnify the Village for any claims that may arise in connection with the approval of this Resolution. In the event that the Owner does not file with the Village Clerk a fully executed copy of the unconditional agreement and consent described in Section 4.A.2 of this Resolution within 60 days after the date of passage of this Resolution by the Village Council, the Village Council shall have the right, in its sole discretion, to declare this Resolution null and void and of no force or effect. Recommendation: Consider adoption of Resolution R granting approval for a third curb cut for a driveway at 220 Birch Street. Attachments: Resolution R (with Exhibits) Agenda Packet P. 10

11 A RESOLUTION GRANTING APPROVAL FOR A THIRD CURB CUT FOR A DRIVEWAY (220 Birch Street) RESOLUTION NO. R WHEREAS, Christopher E. and Mary E. Freeburg (individually and as Trustees) ("Owner"), are the owners of the property commonly known as 220 Birch Street, Winnetka, Illinois, and legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance ( Subject Property ); and WHEREAS, the Subject Property currently is served by two driveway curb cuts, providing access to both Sunset Road and Birch Street; and WHEREAS, the Owner is constructing a new single-family home on the Subject Property ( Improvements ); and WHEREAS, pursuant to Section D of the Winnetka Village Code ( Village Code ) the Village s Director of Public Works has authority to approve up to two curb cuts for vehicular access for lots 75 feet wide or greater; and WHEREAS, the Subject Property is greater than 75 feet in width; and WHEREAS, as part of the Improvements, the Owner requested the Director of Public Works to approve a third curb cut for the Subject Property to allow the Owner to construct a circular drive on the Subject Property with two curb cuts on Sunset Road ( Driveway ), while maintaining the curb cut located on Birch Street ( Application ); and WHEREAS, the Director of Public Works denied the Application pursuant to Section D of the Village Code; and WHEREAS, Section of the Village Code permits the Owner to seek review of the denial of the Application before the Village Council, and the Village Council has the authority to approve a third curb cut to serve the Subject Property upon a finding that the construction and maintenance of such driveway will not substantially impair, endanger, or interfere with the public safety; and WHEREAS, the Village Council has found that the Application will not substantially impair, endanger, or interfere with the public safety; and WHEREAS, the Village Council has determined that approval of the Application is in the best interests of the Village and its residents; NOW, THEREFORE, BE IT RESOLVED, by the Council of the Village of Winnetka, Cook County, Illinois, as follows: SECTION 1: RECITALS. The Village Council adopts the foregoing recitals as its findings, as if fully set forth herein. September 5, 2017 R Agenda Packet P. 11

12 SECTION 2: APPROVALS. Subject to, and contingent upon, the terms, conditions, restrictions, and provisions set forth in Section 3 of this Resolution, and pursuant to Section of the Village Code, the Village Council hereby approves a third curb cut for vehicular access for the Subject Property to be located on Sunset Road. SECTION 3: CONDITIONS. The approval granted by Section 2 of this Resolution is subject to, and contingent upon, compliance by the Owner with the following conditions: A. Compliance with Regulations. The development, use, and maintenance of the Driveway must comply at all times with all applicable Village codes and ordinances, as they have been or may be amended over time. B. Compliance with Plans. The development, use, and maintenance of the Driveway must be in strict accordance with the Proposed Driveway Plan consisting of one sheet and prepared by Martin Associates with a latest revision date of June 4, 2016, a copy of which is attached to, and by this reference, made a part of this Resolution as Exhibit B, except for minor changes and site work approved by the Director of Public Works (within his permitting authority) in accordance with all applicable Village codes, ordinances, and standards. SECTION 4: EFFECTIVE DATE. A. This Resolution will be effective only upon the occurrence of all of the following events: 1. Its passage and approval according to law; and 2. The filing by the Owner with the Village Clerk of an Unconditional Agreement and Consent in the form of Exhibit C attached to and, by this reference, made a part of this Resolution, to accept and abide by each and all of the terms, conditions, and limitations set forth in this Resolution and to indemnify the Village for any claims that may arise in connection with the approval of this Resolution. B. In the event that the Owner does not file with the Village Clerk a fully executed copy of the unconditional agreement and consent described in Section 4.A.2 of this Resolution within 60 days after the date of passage of this Resolution by the Village Council, the Village Council shall have the right, in its sole discretion, to declare this Resolution null and void and of no force or effect. [SIGNATURE PAGE FOLLOWS] September 5, 2017 R Agenda Packet P. 12

13 ADOPTED this 5 th day of September, 2017, pursuant to the following roll call vote: AYES: NAYS: ABSENT: Signed Countersigned: Village President Village Clerk September 5, 2017 R Agenda Packet P. 13

14 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THAT PART OF LOT 1 IN BLOCK 6 IN ALLES FIRST ADDITION TO WINNETKA IN SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 20, TOWNSHIP 42 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: THE NORTH FEET (EXCEPT THE NORTH 33 FEET FOR ROAD) OF THE WEST 192 FEET OF THE EAST 225 FEET OF SAID SOUTHWEST ¼ OF SOUTHEAST ¼ OF SECTION 20, TOWNSHIP 42 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: COMMONLY KNOWN AS 220 BIRCH STREET, WINNETKA, ILLINOIS September 5, 2017 R Agenda Packet P. 14

15 EXHIBIT B PROPOSED DRIVEWAY PLAN September 5, 2017 R Agenda Packet P. 15

16 Agenda Packet P. 16

17 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Winnetka, Illinois ("Village"): WHEREAS, Christopher E. and Mary E. Freeburg (individually and as Trustees) ("Owner"), are the owners of the property commonly known as 220 Birch Street, Winnetka, Illinois ( Subject Property ); and WHEREAS, Resolution No. R , adopted by the Village Council on, 2017 ("Resolution") pursuant to Section of the Winnetka Village Code, grants approval to the Owner for a third curb cut for vehicular access for the Subject Property to be located on Sunset Road ( Curb Cut ); and WHEREAS, Section 4 of the Resolution provides, among other things, that the Resolution will be of no force or effect unless and until the Owner has filed, within 60 days following the passage of the Resolution, their unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in the Resolution; NOW, THEREFORE, the Owner does hereby agree and covenant as follows: 1. The Owner does hereby unconditionally agree to accept, consent to, and abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the Resolution. 2. The Owner acknowledges that any applicable public notices have been properly given and held with respect to the adoption of the Resolution, has considered the possibility of the revocation provided for in the Resolution, and agree not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Owner acknowledges and agrees that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village's grant of approval for the Curb Cut for the Subject Property or its adoption of the Resolution, and that the Village's approvals do not, and will not, in any way, be deemed to insure the Owner against damage or injury of any kind and at any time. 4. The Owner does hereby agree to hold harmless and indemnify the Village, the Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with the Village's adoption of the Resolution granting the approval for the Curb Cut for the Subject Property. 5. The Owner hereby agrees to pay all expenses incurred by the Village in defending itself with regard to any and all of the claims mentioned in this Unconditional Agreement and Consent. These expenses will include all out-of-pocket expenses, such as attorneys' and experts' September 5, 2017 R Agenda Packet P. 17

18 fees, and will also include the reasonable value of any services rendered by any employees of the Village. Dated:, 2017 ATTEST: By: Its: [OWNER] By: Its: [OWNER] By: Its: September 5, 2017 R Agenda Packet P. 18

19 Agenda Item Executive Summary Title: Ordinance No. M : 1121 Merrill Street, Variations (Introduction / Adoption) Presenter: David Schoon, Director of Community Development Agenda Date: 09/05/2017 Ordinance Resolution Bid Authorization/Award Consent: YES NO Policy Direction Informational Only Item History: None Executive Summary: The request is for the following variations to permit the construction of a 22 ft. x 20 ft. detached garage: 1. Front yard lot coverage of s.f., whereas a maximum of s.f. is permitted, a variation of s.f. (82.07%) [Section Intensity of Use of Lot]; 2. Gross floor area of 3, s.f., whereas a maximum of 2,960.8 s.f. is permitted, a variation of s.f. (13.07%) [Section Maximum Building Size]; 3. Front yard setback of 18 ft. from Gordon Terrace, whereas a minimum of 30 ft. is required, a variation of 12 ft. (40%) [Section ], and 4. Detached garage setbacks: a. North side yard setback of 3 ft., whereas a minimum of 6 ft. is required, a variation of 3 ft. (50%) [Section ]; b. East side yard setback of 2 ft., whereas a minimum of 8 ft. is required, a variation of 6 ft. (75%) [Section ]. The property is located in the R-5 Single Family Residential District, on the north side of Merrill St., just east of Merrill Park, with frontage on Gordon Terrace as well. The property is surrounded by properties in the R-5 District. Currently, there isn t a garage on site. As represented on the attached aerial photo, the occupants vehicles are parked in the northeast corner of the property, in the approximate location of the proposed garage. Being a through lot (a lot having two opposite lot lines along two more or less parallel streets) there is not a rear yard to locate a detached garage or to allow reduced side yard setbacks. Hence the request for significant side yard setback variations, as well as the front yard setback variation from Gordon Terr., for the proposed location of the garage. The Zoning Board of Appeals (ZBA) considered the application at its meeting July 10, The petitioner originally proposed a garage that measured 22 ft. by 22 ft., however, after considering the ZBA s concerns regarding the size of the garage, the petitioner agreed to reduce the depth of the garage to 20 ft. Consequently, with a vote of 4-2, the ZBA voted to recommend approval of the request with the modification to reduce the depth of the garage by 2 ft., therefore creating a 22 ft. by 20 ft. garage. Recommendation: Consider introduction of Ordinance M , granting variations from the GFA, front yard lot coverage, front yard setback, and garage setback regulations to allow the construction of a 22 ft. by 20 ft. detached garage at 1121 Merrill St. Or Consider waiving introduction of Ordinance M and consider adoption, granting variations from the GFA, front yard lot coverage, front yard setback, and garage setback regulations to allow the construction of a 22 ft. by 20 ft. +detached garage at 1121 Merrill St. Attachments: Agenda Report Attachment A: Zoning Matrix Attachment B: Ordinance M Attachment C: GIS Aerial Map Attachment D: Application Materials Attachment E: ZBA staff report Agenda Packet P. 19

20 MEMORANDUM VILLAGE OF WINNETKA COMMUNITY DEVELOPMENT DEPARTMENT TO: VILLAGE COUNCIL FROM: DAVID SCHOON, DIRECTOR DATE: AUGUST 21, 2017 SUBJECT: 1121 MERRILL STREET VARIATIONS FOR A DETACHED GARAGE INTRODUCTION On September 5, 2017, the Village Council is scheduled to consider the Zoning Board of Appeals recommendation and Ordinance No. M regarding an amended request from the petitioner, Andrew Eason, for the following variations of the Winnetka Zoning Ordinance to permit construction of a detached garage on the property at 1121 Merrill Street that will result in: 1. Front yard lot coverage of s.f., whereas a maximum of s.f. is permitted, a variation of s.f. (82.07%) [Section Intensity of Use of Lot]; 2. Gross floor area of 3, s.f., whereas a maximum of 2,960.8 s.f. is permitted, a variation of s.f. (13.07%) [Section Maximum Building Size]; 3. Front yard setback of 18 ft. from Gordon Terrace, whereas a minimum of 30 ft. is required, a variation of 12 ft. (40%) [Section ], and 4. Detached garage setbacks: a. North side yard setback of 3 ft., whereas a minimum of 6 ft. is required, a variation of 3 ft. (50%) [Section ]; b. East side yard setback of 2 ft., whereas a minimum of 8 ft. is required, a variation of 6 ft. (75%) [Section ]. Currently, there is not a garage on site. As represented on the attached aerial photo (Attachment C), the occupants vehicles are parked in the northeast corner of the property, in the approximate location of the proposed garage. The Village Council has final jurisdiction on this request as only the Council has the authority to grant a variation to allow a zoning lot with a pre-far principal use (single-family dwelling that was lawfully in existence before February 7, 1989) to exceed the maximum building size (gross floor area) limitations by more than 10%, to grant a variation to exceed the front yard lot coverage limitations by more than 20%, and variations to reduce a required side yard setback for a detached garage by a percentage greater than 50%. Agenda Packet P. 20 Page 1

21 ZONING BOARD OF APPEALS RECOMMENDATION The Zoning Board of Appeals (ZBA) considered the application at its meeting July 10, 2017 (attached is the staff report and the approved minutes for that meeting are attached as an Exhibit within Ord. No. M ). The petitioner originally proposed a garage that measured 22 ft. by 22 ft., however, after considering the ZBA s concerns regarding the size of the garage, the petitioner agreed to amend its petition to reduce the depth of the garage to 20 ft. Consequently, with a vote of 4-2, the ZBA voted to recommend approval of the request with the modification to reduce the depth of the garage by 2 ft., therefore creating a 22 ft. by 20 ft. garage. The petitioner agreed to the change. The following compares the Zoning Code requirements as well as the difference in zoning relief between what the applicant originally proposed and what is currently before the Village Council for approval. Code Requirement Original Proposal Current Proposal Maximum Front Lot Coverage (Gordon s.f s.f s.f. Terrace) Maximum Gross Floor 2,960.8 s.f. 3, s.f. 3, s.f. Area Minimum Front Yard Setback (Gordon Terrace) 30 ft. 16 ft. 18 ft. Minimum Garage Side Yard Setback (North) 6 ft. 3 ft. 3 ft. Minimum Garage Side Yard Setback (East) 8 ft. 2 ft. 2 ft. It should be noted that being a through lot (a lot having two opposite lot lines along two more or less parallel streets) there is not a rear yard to locate a detached garage or to allow reduced side yard setbacks. Hence the request for significant side yard setback variations, as well as the front yard setback variation from Gordon Terrace, for the proposed location of the garage. Also, in terms of the gross floor area (GFA) variation, the maximum permitted GFA is 2,960 s.f. and the existing residence is approximately 2,908 s.f. Therefore, approximately only 52 s.f. of GFA is available by right for construction of a shed, garage, or addition to the residence. It should also be noted that the existing driveway and parking area exceeds the maximum permitted front yard lot coverage along Gordon Terrace (555 s.f., 66.45%). The proposed construction would add s.f. to the existing nonconforming front yard lot coverage. In the attached application materials submitted by the petitioner, the petitioner addressed how the requested variations meet the standards for granting a zoning variation. Agenda Packet P. 21 Page 2

22 RECOMMENDATION Consider introduction of Ordinance M , granting variations from the GFA, front yard lot coverage, front yard setback, and garage setback regulations to allow the construction of a 22 ft. by 20 ft. detached garage at 1121 Merrill St. Or Consider waiving introduction of Ordinance M and consider adoption, granting variations from the GFA, front yard lot coverage, front yard setback, and garage setback regulations to allow the construction of a 22 ft. by 20 ft. detached garage at 1121 Merrill St. ATTACHMENTS Attachment A: Zoning Matrix Attachment B: Ordinance M Attachment C: GIS Aerial Map Attachment D: Application Materials Attachment E: ZBA staff report Agenda Packet P. 22 Page 3

23 ATTACHMENT A ZONING MATRIX (Revised ) ADDRESS: 1121 Merrill St. CASE NO: V2 ZONING: R-5 Min. Lot Size ITEM REQUIREMENT 8,400 SF EXISTING PROPOSED 7,402 SF N/A TOTAL N/A STATUS EXISTING NONCONFORMING Min. Average Lot Width 60 FT FT N/A N/A EXISTING NONCONFORMING Max. Roofed Lot Coverage Max. Gross Floor Area Max. Impermeable Lot Coverage 1, SF (1) 1, SF 440 SF 1, SF 2,960.8 SF (1) 2, SF 440 SF 3, SF 3,701 SF (1) 2,243.6 SF 242 SF 2,485.6 SF OK SF (13.07%) VARIATION OK Max. Front Yard Lot Coverage (Gordon Terr.) SF 555 SF SF SF SF (82.07%) VARIATION Min. Front Yard (South/Merrill) 30 FT FT N/A N/A OK Min. Through Lot (Gordon Terr.) 30 FT N/A 18 FT N/A 12 FT (40%) VARIATION Min. Side Yard (North) 6 FT N/A 3 FT N/A 3 FT (50%) VARIATION Min. Remaining Side Yard (East) 8 FT N/A 2 FT N/A 6 FT (75%) VARIATION NOTES: (1) Based on lot area of 7,402 s.f. Agenda Packet P. 23

24 ATTACHMENT B ORDINANCE NO. M AN ORDINANCE GRANTING VARIATIONS FROM THE WINNETKA ZONING ORDINANCE FOR THE CONSTRUCTION OF A NEW GARAGE WITHIN THE R-5 SINGLE FAMILY RESIDENTIAL DISTRICT (1121 Merrill Street) WHEREAS, Andrew Eason ("Applicant") is the record title owner of the parcel of real property commonly known as 1121 Merrill Street in Winnetka, Illinois, and legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance ( Subject Property ); and WHEREAS, the Subject Property is located within the R-5 Single Family Residential District of the Village ("R-5 District"); and and WHEREAS, the Subject Property is improved with a single family residence ( Building ); WHEREAS, the Applicant desires to construct on the Subject Property a 22 foot by 20 foot garage on the Subject Property located adjacent to, and to the north of, the Building ( Proposed Improvement ); and WHEREAS, the Subject Property is a through lot and, thus, does not have a rear yard to locate the Proposed Improvement; and WHEREAS, pursuant to Section of the Winnetka Zoning Ordinance ("Zoning Ordinance"), the Subject Property cannot have a front lot coverage of more than square feet; and WHEREAS, pursuant to Section of the Zoning Ordinance, the Subject Property cannot have a gross floor area in excess of 2,960.8 square feet; and WHEREAS, pursuant to Section of the Zoning Ordinance, the Subject Property must have a front yard setback of at least 30 feet; and WHEREAS, pursuant to Section of the Zoning Ordinance, the Subject Property must have a side yard setback of at least six feet along the north side of the Subject Property; and WHEREAS, pursuant to Section of the Zoning Ordinance, the Subject Property must have a side yard setback of at least eight feet along the east side of the Subject Property; and WHEREAS, the Applicant desires to construct the Proposed Improvement on the Subject Property with: (i) a front lot coverage of square feet, in violation of Section of the Zoning Ordinance; (ii) a gross floor area of 3, square feet, in violation of Section September 5, 2017 M Agenda Packet P. 24

25 of the Zoning Ordinance; (iii) a front yard setback of 18 feet, in violation of Section of the Zoning Ordinance; (iv) a side yard setback along the north side of the Subject Property of three feet, in violation of Section of the Zoning Ordinance; and (v) a side yard setback along the east side of the Subject Property of two feet, in violation of Section of the Zoning Ordinance; and WHEREAS, the Applicant filed an application for variations from: (i) Section of the Zoning Ordinance to permit the construction of the Proposed Improvement on the Subject Property with front yard lot coverage of square feet; (ii) Section of the Zoning Ordinance to permit the Subject Property to have a gross floor area for the Subject Property of 3, square feet; (iii) Section of the Zoning Ordinance to permit the construction of the Proposed Improvement with a front yard setback of 18 feet; (iv) Section of the Zoning Ordinance to permit the construction of the Proposed Improvement with a side yard setback along the north side of the Subject Property of three feet; and (v) Section of the Zoning Ordinance to permit the construction of the Proposed Improvement with a side yard setback along the east side of the Subject Property of two feet (collectively, Variations ); and WHEREAS, on July 10, 2017, after due notice thereof, the Zoning Board of Appeals ( ZBA ) conducted a public hearing on the Variations and, by a vote of four to two, the members then present recommended that the Council of the Village of Winnetka ( Village Council ) approve the Variations; and WHEREAS, pursuant to Chapter of the Zoning Ordinance, the ZBA heard evidence and made certain findings in support of recommending approval of the Variations, which findings are set forth in the ZBA public hearing minutes attached to and, by this reference, made a part of this Ordinance as Exhibit B; and WHEREAS, pursuant to Section of the Zoning Ordinance, the Village Council has determined that: (i) the Variations are in harmony with the general purpose and intent of the Zoning Ordinance and are in accordance with general or specific rules set forth in Chapter of the Zoning Ordinance; and (ii) there are practical difficulties or particular hardships in the way of carrying out the strict letter of the provisions or regulations of the Zoning Ordinance from which the Variations have been sought; and WHEREAS, the Village Council has determined that approval of the Variations for the construction of the Proposed Improvement on the Subject Property within the R-5 District is in the best interest of the Village and its residents; NOW, THEREFORE, the Council of the Village of Winnetka do ordain as follows: SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this section as the findings of the Village Council, as if fully set forth herein. SECTION 2: APPROVAL OF VARIATION. Subject to, and contingent upon, the terms, conditions, restrictions, and provisions set forth in Section 3 of this Ordinance, the Variations from Sections , , , and of the Zoning Ordinance September 5, 2017 M Agenda Packet P. 25

26 to permit the construction of the Proposed Improvement on the Subject Property are hereby granted, in accordance with and pursuant to Chapter of the Zoning Ordinance and the home rule powers of the Village. SECTION 3: CONDITIONS. The Variations granted by Section 2 of this Ordinance are subject to, and contingent upon, compliance by the Applicant with the following conditions: A. Commencement of Construction. The Applicant must commence the construction of the Proposed Improvement no later than 12 months after the effective date of this Ordinance. B. Compliance with Regulations. Except to the extent specifically provided otherwise in this Ordinance, the development, use, and maintenance of the Proposed Improvement and the Subject Property must comply at all times with all applicable Village codes and ordinances, as they have been or may be amended over time. C. Reimbursement of Village Costs. In addition to any other costs, payments, fees, charges, contributions, or dedications required under applicable Village codes, ordinances, resolutions, rules, or regulations, the Applicant must pay to the Village, promptly upon presentation of a written demand or demands therefor, of all fees, costs, and expenses incurred or accrued in connection with the review, negotiation, preparation, consideration, and review of this Ordinance. Payment of all such fees, costs, and expenses for which demand has been made shall be made by a certified or cashier's check. Further, the Applicant must pay upon demand all costs incurred by the Village for publications and recordings required in connection with the aforesaid matters. D. Compliance with Plans. The development, use, and maintenance of the Proposed Improvement on the Subject Property must be in strict accordance with the following documents and plans, except for minor changes and site work approved by the Director of Community Development or the Director of Public Works (within their respective permitting authority) in accordance with all applicable Village codes, ordinances, and standards: (i) the Plat of Survey prepared by Central Survey, LLC, consisting of one sheet, and dated May 10, 2017, a copy of which is attached to, and by this reference, made part of this Ordinance as Exhibit C; and (ii) the plans prepare by Richard Carl Smith, consisting of two sheets, and dated May 28, 2017, a copy of which is attached to, and by this reference, made part of this Ordinance as Exhibit D. SECTION 4: RECORDATION; BINDING EFFECT. A copy of this Ordinance will be recorded with the Cook County Recorder of Deeds. This Ordinance and the privileges, obligations, and provisions contained herein inure solely to the benefit of, and are binding upon, the Applicant and each of its heirs, representatives, successors, and assigns. September 5, 2017 M Agenda Packet P. 26

27 SECTION 5: FAILURE TO COMPLY. Upon the failure or refusal of the Applicant to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, in addition to all other remedies available to the Village, the approvals granted in Section 2 of this Ordinance will, at the sole discretion of the Village Council, by ordinance duly adopted, be revoked and become null and void; provided, however, that the Village Council may not so revoke the approvals granted in Section 2 of this Ordinance unless it first provides the Applicant with two months advance written notice of the reasons for revocation and an opportunity to be heard at a regular meeting of the Village Council. In the event of revocation, the development and use of the Subject Property will be governed solely by the regulations of the applicable zoning district and the applicable provisions of the Zoning Ordinance, as the same may, from time to time, be amended. Further, in the event of such revocation, the Village Manager and Village Attorney are hereby authorized and directed to bring such zoning enforcement action as may be appropriate under the circumstances. SECTION 6: AMENDMENTS. Any amendment to this Ordinance may be granted only pursuant to the procedures, and subject to the standards and limitations, provided in the Zoning Ordinance for amending or granting variations. SECTION 7: SEVERABILITY. If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law. SECTION 8: EFFECTIVE DATE. A. This Ordinance will be effective only upon the occurrence of all of the following events: 1. Passage by the Village Council in the manner required by law; 2. Publication in pamphlet form in the manner required by law; and 3. The filing by the Applicant with the Village Clerk of an Unconditional Agreement and Consent in the form of Exhibit E attached to and, by this reference, made a part of this Ordinance to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance and to indemnify the Village for any claims that may arise in connection with the approval of this Ordinance. B. In the event that the Applicant does not file with the Village Clerk a fully executed copy of the unconditional agreement and consent described in Section 8.A.3 of this Ordinance within 60 days after the date of passage of this Ordinance by the Village Council, the Village Council shall have the right, in its sole discretion, to declare this Ordinance null and void and of no force or effect. September 5, 2017 M Agenda Packet P. 27

28 PASSED this day of, 2017, pursuant to the following roll call vote: AYES: NAYS: ABSENT: APPROVED this day of, Signed: Countersigned: Village President Village Clerk Introduced: September 5, 2017 Passed and Approved:, 2017 Published by authority of the President and Board of Trustees of the Village of Winnetka, Illinois, this day of, September 5, 2017 M Agenda Packet P. 28

29 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY LOT 10 IN BLOCK 2 IN JARED GAGE SUBDIVISION OF THE EAST ½ OF THE NORTHWEST ¼ OF FRACTIONAL SECTION 17 AND ALSO PART OF THE WEST ½ OF THE NORTHWEST ¼ OF FRACTIONAL SECTION 17 ALSO PART OF THE EAST ½ OF THE SOUTHWEST ¼ OF FRACTIONAL SECTION 8, TOWNSHIP 42 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Commonly known as 1121 Merrill Street, Winnetka, Illinois. Agenda Packet P. 29

30 EXHIBIT B WINNETKA ZONING BOARD OF APPEALS EXCERPT OF MEETING MINUTES JULY 10, 2017 Zoning Board Members Present: Zoning Board Member Absent: Village Attorney: Village Staff: Joni Johnson, Chairperson Matthew Bradley Sarah Balassa E. Gene Greable Thomas Kehoe Carl Lane Mark Naumann Peter Friedman Ben Schuster David Schoon, Director of Community Development Brian Norkus, Assistant Director of Community Development Ann Klaassen, Planning Assistant *** Case No V2: 1121 Merrill Street Andrew Eason Variations by Ordinance 1. Maximum Building Size 2. Intensity of Use of Lot 3. Front and Corner Yard Setbacks 4. Garages Case No V2, 1121 Merrill Street, Andrew Eason, Variations by Ordinance: (1) Maximum Building Size, (2) Intensity of Use of Lot, (3) Front and Corner Yard Setbacks and (4) Garages Mr. Norkus informed the Board that he spoke with the Village Attorney with regard to doing a modified and streamlined version of the reading of the public notice. He then read the public notice as follows: The public notice involves variations from the following sections of the code with regard to the intensity of use of lot limitations, maximum building size limitations, front and corner yard setback requirements and the specific requirements pertaining to garages. The variation is a request to permit the construct a detached garage which would result in a front yard coverage of square feet compared to a maximum of square feet, total GFA of 3, square feet compared to a maximum of 2,960 square feet, a front yard setback of 16 feet from Gordon Terrace compared to a minimum of 30 feet required, a north yard setback of 3 feet whereas a minimum of 6 feet is required and an east side yard setback of 2 feet whereas a minimum of 8 feet is required. Chairperson Johnson swore in those that would be speaking on this matter. Andrew Eason and Andrew Venamore, 601 Academy Drive in Northbrook, introduced themselves to the Board. Mr. Venamore stated that he would be presenting the request at the request of Mr. Eason and prepared information for the case. He stated that the request is for the construction of a 22 foot x 22 foot detached garage in the rear of the property. He stated that currently, there is no vehicle storage either attached or detached. Mr. Venamore stated that the request will provide the lot with the same necessary convenience as is present in the immediate three block area where there are detached or attached garages in the rear quarters of the lots. Agenda Packet P. 30

31 Mr. Venamore stated that while the legal notice and staff report indicated that the project required a long list of variation requests, much of the analysis derived from the rather unique and odd layout of this particular lot. Mr. Venamore stated that Gordon Terrace created a through lot and that the setback requirements became complicated and described the building envelope which is created by that as rather limiting. He then stated that a document he distributed to the Board would be helpful to explain what they plan on doing. Mr. Venamore stated that it lays out more clearly the conditions on the lot and identifies what the largest challenges are. Mr. Venamore stated that the Gordon Terrace property line created a front yard setback of 30 feet from the northwest, a 6 foot setback from the north and also an 8 foot side yard setback. He stated that created the building envelope highlighted in yellow which is where any detached structure would be permitted. Mr. Venamore stated that as you can see from the garage in its current location, it would be significantly nonconforming and from Mr. Eason s standpoint, there is a very limited opportunity for them to do anything compliant. He informed the Board that the dashed line is the garage in green which would be very adjacent to an existing deck. Mr. Venamore stated that is the only conforming location for the garage. He also stated that it would be less than 1 foot from the deck. Mr. Venamore then stated if that location is utilized, the driveway would come in from Gordon Terrace into the north side of the garage and that the backyard would be garage as shown and the driveway which would negate any useful aspect for the rear of the property and that there would be no open space at all. Mr. Venamore then stated that with regard to the GFA and front yard coverage, he referred to the relief being related to the configuration of the lot. He stated that since the garage is shown in the front yard, he referred to a technicality if it is the rear quarter of the lot. Mr. Venamore then informed the Board that the other item being considered for relief is for front yard coverage which he described as similar to an FAR situation. He also stated that because it is classified as a front yard, the unique nature of the lot is that the rear yard is incurring that additional variation. Mr. Venamore added that piece of the lot is nonconforming since there is asphalt and gravel there now. Mr. Venamore then stated that with regard to hardship, you can see by the diagram that it related to the through lot nature of the property. He indicated that there is little opportunity to locate a compliant structure as a practical solution for the property. Mr. Venamore also referred to the 18 foot Gordon Terrace property line which impacted the ability of the lot to function as a standard residential lot. He indicated that there is a real challenge with the Gordon Terrace through lot nature question. Chairperson Johnson stated that the Board is tasked to see if there is a conforming location or whether a less nonconforming location can be proposed. She asked how much usable back yard would there be if they altered the location of the garage to reduce the size of the variation. She stated that if they pushed the dotted line to the north, it would still require a variation but less of a variance. Mr. Eason stated that if they were to do that, the amount of impermeable surface would also increase to bring the driveway to enter the garage. Chairperson Johnson asked the applicant if they would consider moving the garage closer to the deck so the size of the variation was reduced. Mr. Eason informed the Board that they would need at least 20 feet and that he did not know if they can do that. He also stated that they have three small children and that there would be nowhere for them to go. Mr. Eason stated that is why they are doing the garage in order to have bikes for the children. Mr. Venamore stated that part of the reason for the garage is for vehicle storage. He also stated that the home was built in 1911 and that there are dramatic issues in connection with the basement. Mr. Venamore reiterated that there is no opportunity for storage. Agenda Packet P. 31

32 Chairperson Johnson stated that is not something that the Board could consider. Mr. Venamore then stated that as it related to the size of the structure and their reasoning, there is no storage in the basement. Chairperson Johnson stated that those issues did not run with the land even though it is unfortunate. Mr. Venamore also stated that to relocate the garage 20 feet to the north would give them no backyard at all and that it would also make the turn difficult into the north aspect of the garage and that they would still have variations. He stated that he understood the nature to limit the extent of the variation request but that it would not give a practical backyard and would add to the difficulty of getting into the structure. Mr. Venamore added that it would be impractical to get into the garage and that assumed that the garage doors would face north. Chairperson Johnson asked Ms. Klaassen to clarify the section that makes it a through lot. Ms. Klaassen confirmed that having street frontage on Gordon Terrace and Merrill Street constituted the property s status as a through lot. Mr. Lane then asked Ms. Klaassen with regard to the zoning standards on GFA, have there been changes for this property since 1990 and 2012 for the two additions to the property which got them right up to GFA. Ms. Klaassen informed the Board that for the most recent addition in 2012, the standards are the same today as they were then and that they changed since Chairperson Johnson asked if they knew when they did the substantial addition in 2012 that they would be bumping up against the allowable GFA. Mr. Eason stated that they thought the garage was acceptable to the back of the property and did not understand how Gordon Terrace was the issue. He informed the Board that it was explained to him later that there were two front yards. Chairperson Johnson stated that corner lots often have unusual characteristics. Mr. Lane asked if it was not a through lot, would the garage be included in GFA. Ms. Klaassen confirmed that the 400 s.f. GFA allowance would apply. Mr. Greable stated that they should try to help them out. He informed the Board that he went to the property on Sunday. Chairperson Johnson stated that the Board is not in the discussion phase of the request. Mr. Greable stated that when he looked at it and went back there today, it is clear that they need help here. He described the whole area as awful looking and that he is amazed that there have been no complaints from the neighbors. Mr. Greable also stated that when you look at the homes across the street, they did a nice job of having asphalt or a concrete driveway and garage. He stated that the request would help the appearance of the neighborhood and the applicant. Chairperson Johnson asked how many through lots are there in the Village. Mr. Norkus stated that to ballpark it, it is not as infrequent as you would think and that he guessed that there may be more than two dozen. Agenda Packet P. 32

33 Chairperson Johnson asked if there were any other questions. Mr. Bradley informed the Board that he lived close by and asked if there is a curb cut currently. Mr. Venamore confirmed that is correct and that there would be no change. Mr. Bradley asked if the concrete had already been laid. Mr. Eason responded that it had been laid quite a while ago and that it is deteriorating. He also stated that it is close to the eastern lot line. Mr. Bradley then stated that what they are basically asking for the Board to approve is what is there now with walls. Mr. Kehoe stated that there are a couple of single car garages in the neighborhood and asked the applicant if they considered a smaller garage. Mr. Eason stated that they do not want to seem greedy and that they are looking for storage. He indicated that they would prefer something a little larger. Chairperson Johnson reiterated that the Board is tasked with looking for alternatives which would require less of a variance. Mr. Eason stated that with a one car garage, they still own three vehicles. Chairperson Johnson stated that did not relate to the property but the owner. She then asked if there were any comments from the audience. Craig Schmidt, 960 Gordon Terrace, introduced himself as the neighbor to the west. He then stated that from a practical perspective, what they are talking about is the backyard. Mr. Schmidt also stated that in the context of the request, it is the most useful and sensible way to do it and that otherwise, it would bifurcate the backyard to the use of the children. He informed the Board that he would support it as the best use of the property. Chairperson Johnson asked if there were any other comments. John O Malley, 1114 Merrill, stated that his property faced the applicant s front door and that the Schmidts face their garage door. He stated that he observed the property when they moved from being an eyesore for 25 years and being detrimental to the neighborhood and that once it was taken over by Mr. Eason, he has transformed the structure which enhances the value of the surrounding properties. Mr. O Malley also stated that for the three homes on Merrill, they all predate when vehicles were conceived and used. He also stated that garages on the properties were not contemplated by any ordinance and that each had to deal with the trouble to accommodate them. Mr. O Malley referred to the choices as neighbors of a small garage and having items in the yard or having an appropriately sized garage and a garage in this position and that he would fully support the proposal. He added for the record that no one asked him to speak in favor of the request. Chairperson Johnson asked if there were any other comments. No additional comments were made at this time. She then called the matter in for discussion. Mr. Kehoe stated that but for the 18 feet, he referred to the unanimous issue fronting on Gordon Terrace and that he could see the hardship here. Chairperson Johnson asked Mr. Kehoe what if there was a smaller garage in the same location. Agenda Packet P. 33

34 Mr. Kehoe responded that it would not change his opinion. He also stated that it would not affect the neighborhood and that it is a unique piece of property. Mr. Kehoe also stated that there was a garage there before. Chairperson Johnson stated that they do not know that and that it may have been a shed. Chairperson Johnson asked if there were any other questions. Ms. Balassa stated that she agreed that there is trouble here that this is 18 feet and referred to the comments from the neighbors and that it would benefit the neighborhood. She stated that as a fellow Winnetkan, while it troubled her, she would be in favor. Mr. Greable stated that his view is as stated before when he went there, he could not believe the impact on the neighborhood. He stated that there were three vehicles there Sunday which did not blend in well with the neighborhood and that what the applicant is proposing is reasonable from the standpoint of having some kind of garage and that they could play with the numbers. Mr. Greable reiterated that it would be good for the neighborhood and the neighbors to have a garage and nice asphalt finish. He then asked if there was gravel and that they should ask the applicant if any changes would work out and that they should work with them to reach an appropriate solution. Chairperson Johnson asked Mr. Greable if he asking the applicant to amend the application. Mr. Greable confirmed that is correct to see if there is some alternative. He asked Mr. Norkus what is the amount of free square footage for having a garage in the back quarter of the property. Ms. Klaassen responded that there is a 400 square feet bonus if the garage is located in the rear quarter. Mr. Greable asked if it was not a through lot, could they have the 400 square feet. Chairperson Johnson stated that there is also a setback issue. Ms. Klaassen stated that they would still be required to have a 6 foot setback and referred to the garage abutting the corner (front) yard of the property to the north. Mr. Greable then stated that he is all for it and that they should give them a chance to look at it. He also stated that doing a garage back there and asphalt would enhance the appearance of the neighborhood and solve their problem too. Chairperson Johnson then asked the Village staff if for 1117 Merrill and 1111 Merrill if the lots were wider or the same width. Mr. Norkus responded that they have a uniform width. Mr. Eason agreed that they are the same as his except in the back where it is clipped by Gordon Terrace. He noted that it measured 50 feet x 150 feet. Chairperson Johnson then questioned the length of the driveway. Mr. Eason responded that it is 16 feet. Chairperson Johnson then asked if that is the sidewalk. Agenda Packet P. 34

35 Mr. Eason confirmed that is correct. He also stated that they would be making it safer and stated that a fence which was there before was moved and that there was a blind spot which would be made safer in the scope of the project. Chairperson Johnson noted that in the agenda report, the minimum lot size for a new home in the R-5 zoning district is 8,400 square feet and that this lot is 1,000 square feet smaller and that the minimum average lot width is 60 feet and that this lot is a little over 49 feet. She indicated that it seemed tight and that there is a very large structure even though it is in the rear. Chairperson Johnson stated that she is concerned about the size. She noted that the Board is not supposed to consider the number of vehicles owned by the applicant or the lack of basement storage because of flooding, as they did not run with the land. She asked the Board to keep this in mind. Mr. Bradley thanked Mr. Venamore, Mr. Eason and the neighbors for their testimony. He stated that with regard to his initial observation, while the applicant would be taking steps and demonstrating that there might be a conforming alternative, he believed the use would diminish the value of the home with a conforming location. Mr. Bradley then stated that there is a not a conforming alternative to the proposal. He also stated that he shared the concern of Chairperson Johnson that it is too large for the space and asked the applicant to consider a new application to reduce the size to mitigate the variance but that he would be in support of the request for the reasons set forth. Chairperson Johnson stated that there is a hardship in not having a garage, and although this seemed like the most appropriate place on the property to place the garage, perhaps the applicant would consider requesting a smaller garage. She stated there are many single car garages in Winnetka, especially in the R-5 district. Mr. Lane stated that with regard to reasonable return, the Board has dealt with that before with garages. He then referred to the second standard and the reference to one, two and three car garages. Mr. Lane indicated that the reasonable return may fall slightly bigger than with a one car garage. He then stated that with regard to unique circumstances, a through lot they have heard is somewhat unique and that in connection with corner lots, they consider them all of the time. Mr. Lane stated that is not to say all the time that they are unique but that there are a combination of factors. He stated that since the request is small and is 18 feet, whether they would say that is unique. Mr. Lane then stated that he is not as concerned about where the garage would be located as opposed to its size. He stated that the owners expanded the property to the maximum GFA and now are in a situation where they want more GFA. Mr. Lane stated that he had a hard time allowing people to do something and then come back five years later asking for a variation when they had the opportunity to deal with it before. He added that the other standards are fine and that the request would improve the neighborhood and that having a parking pad for two vehicles is not optimal. Mr. Lane also stated that he cannot say that ugliness is hurting the neighborhood and that he would lean toward getting in the corner more than possible but that he would not be in favor of a 22 foot x 22 foot garage when they added on to the home in Chairperson Johnson stated that she agreed with Mr. Lane and that they can work with the applicant to see if a smaller garage could work and for them to come back before the Board. She then stated that they could make the change now. Mr. Venamore stated that if they were to adjust the depth to 20 feet, it would bring the FAR under 400 square feet and put them into the realm of a standard interior lot and whether the 400 square foot allowance would be applicable. He noted that the request would be reduced from 484 square feet to 440 square feet which would put the FAR request at 387 square feet. Mr. Venamore also stated that it would give more clearance on the setback from Gordon Terrace from 16 feet to 18 feet which would be a 12 foot reduction from 30 feet. He indicated that it may not affect front yard coverage and that it would make some difference percentage-wise. Chairperson Johnson asked if the request would still go to the Village Council. Agenda Packet P. 35

36 Ms. Klaassen confirmed that is correct. Mr. Venamore stated that front yard coverage would still be 82%. Chairperson Johnson stated that the question for those Board members who are on the fence is whether this change is sufficient to recommend approval. Mr. Lane stated that would not get him off the fence. Mr. Bradley stated that he would be fine with that recommendation. Chairperson Johnson asked if there is anyone not in favor of the application unless the applicant makes more substantial changes to the garage dimensions. There were no Board members in favor of that alternative. Chairperson Johnson asked if there was anyone in favor of the request as is. None of the Board members were in favor of the request as is. Chairperson Johnson asked who would be in support of the request if they were to make the changes outlined. Everyone agreed that would be fine. Chairperson Johnson asked Ms. Klaassen how to handle it in terms of the application being amended on the spot. Ms. Klaassen informed the Board that they can make a motion with a condition. Chairperson Johnson then asked for a motion with the recommendation for a 2 foot reduction on depth incorporating the proposed change. Mr. Venamore confirmed that the garage would be 22 feet wide x 20 feet deep. Mr. Bradley moved to make a recommendation to approve the request with the modifications as testified reducing the depth of the garage by 2 feet and creating a 22 foot x 20 foot garage. Mr. Kehoe seconded the motion. A vote was taken and the motion was passed, 4 to 2. AYES: NAYS: Balassa, Bradley, Greable, Kehoe Johnson, Lane FINDINGS OF THE ZONING BOARD OF APPEALS 1. The requested variations are within the final jurisdiction of the Village Council. 2. The requested variations are in harmony with the general purpose and intent of the Winnetka Zoning Ordinance. The proposal is compatible, in general, with the character of existing development within the immediate neighborhood with respect to architectural scale and other site improvements. 3. There are practical difficulties or a particular hardship which prevents strict application of Sections [Intensity of Use of Lot], [Maximum Building Size], [Front and Corner Yard Setbacks] and [Garages] of the Winnetka Zoning Ordinance which is related to the use or the construction or alteration of buildings or structures. Agenda Packet P. 36

37 The evidence in the judgment of the Zoning Board of Appeals has established: 1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by regulations in that zone. Locating a garage in a conforming location would have a negative impact on the property and the reasonable return. 2. The plight of the owner is due to unique circumstances. Such circumstances must be associated with the characteristics of the property in question, rather than being related to the occupants. The 18 feet of street frontage along Gordon Terrace, which makes the undersized property a through lot, is unique and creates additional limitations on the location of a garage. 3. The variations, if granted, will not alter the essential character of the locality. The proposed garage would be an improvement for the neighborhood as the current parking pad is not optimal. 4. An adequate supply of light and air to adjacent property will not be impaired. The proposed detached garage complies with the maximum permitted height and is not within close proximity to structures on adjacent properties. 5. The hazard from fire and other damages to the property will not be increased as the proposed detached garage shall comply with building code standards, including fire and life safety requirements. 6. The taxable value of land and buildings throughout the Village will not diminish. The proposed detached garage is an improvement to the property. 7. The congestion in the public street will not increase. The use of the property will not change; it will continue to be used as a single-family residence. 8. The public health, safety, comfort, morals and welfare of the inhabitants of the Village will not be otherwise impaired. No evidence was provided to the contrary. Agenda Packet P. 37

38 EXHIBIT C Plat of Survey (SEE ATTACHED EXHIBIT C) Agenda Packet P. 38

39 EXHIBIT C Agenda Packet P. 39

40 EXHIBIT D Plans (SEE ATTACHED EXHIBIT D) Agenda Packet P. 40

41 EXHIBIT D Agenda Packet P. 41

42 Agenda Packet P. 42

43 EXHIBIT E UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Winnetka, Illinois ("Village"): WHEREAS, Andrew Eason ("Applicant") is the record title owner of the property commonly known as 1121 Merrill Street in the Village ( Subject Property ) WHEREAS, the Applicant desires to construct on the Subject Property a new garage located in the side and rear yards to the north and east of the residence; and WHEREAS, Ordinance No. M , adopted by the Village Council on, 2017 ("Ordinance"), grants variations from the provisions of the Winnetka Zoning Ordinance to the Applicant to permit the construction of the garage on the Subject Property with: (i) a front lot coverage of square feet; (ii) a gross floor area of 3, square feet; (iii) a front yard setback of 18 feet; (iv) a side yard setback along the north side of the Subject Property of three feet; and (v) a side yard setback along the east side of the Subject Property of two feet; and WHEREAS, Section 8 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Applicant has filed, within 60 days following the passage of the Ordinance, its unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in the Ordinance; NOW, THEREFORE, the Applicant does hereby agree and covenant as follows: 1. The Applicant does hereby unconditionally agree to accept, consent to, and abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the Ordinance. 2. The Applicant acknowledges that public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, has considered the possibility of the revocation provided for in the Ordinance, and agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Applicant acknowledges and agrees that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village's grant of the variations for the Subject Property or its adoption of the Ordinance, and that the Village's approvals do not, and will not, in any way, be deemed to insure the Applicant against damage or injury of any kind and at any time. 4. The Applicant does hereby agree to hold harmless and indemnify the Village, the Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with the Village's adoption of the Ordinance granting the variations for the Subject Property. Agenda Packet P. 43

44 5. The Applicant hereby agrees to pay all expenses incurred by the Village in defending itself with regard to any and all of the claims mentioned in this Unconditional Agreement and Consent. These expenses will include all out-of-pocket expenses, such as attorneys' and experts' fees, and will also include the reasonable value of any services rendered by any employees of the Village. Dated:, 2017 ATTEST: By: Its: ANDREW EASON By: Its: Agenda Packet P. 44

45 GIS Consortium MapOffice ATTACHMENT C 1121 Merrill St ft Agenda Packet P MERRILL ST, WINNETKA 60093&ss=TEXTBOX&zl=10[06/08/2017 3:07:11 PM]

46 ATTACHMENT D Agenda Packet P. 46

47 Agenda Packet P. 47

48 Agenda Packet P. 48

49 Agenda Packet P. 49

50 Agenda Packet P. 50

51 Agenda Packet P. 51

52 ATTACHMENT E ZONING BOARD OF APPEALS AGENDA REPORT SUBJECT: 1121 Merrill St. Case No V2 (1) Maximum Building Size (2) Intensity of Use of Lot (3) Front and Corner Yard Setbacks (4) Garages DATE: July 3, 2017 PREPARED BY: Brian Norkus, Interim Director of Community Development The petitioner, Andrew Eason, is requesting variations by Ordinance from Sections [Intensity of Use of Lot], [Maximum Building Size], [Front and Corner Yard Setbacks] and [Garages] of the Winnetka Zoning Ordinance to permit construction of a detached garage that will result in a gross floor area of 3, s.f., whereas a maximum of 2,960.8 s.f. is permitted, a variation of s.f. (14.56%), a front yard lot coverage of s.f., whereas a maximum of s.f. is permitted, a variation of s.f. (82.07%), a front yard setback of 16 ft. from Gordon Terr., whereas a minimum of 30 ft. is required, a variation of 14 ft. (46.67%), a north side yard setback of 3 ft., whereas a minimum of 6 ft. is required, a variation of 3 ft. (50%) and an east side yard setback of 2 ft., whereas a minimum of 8 ft. is required a variation of 6 ft. (75%). The variations are being requested in order to allow the construction of a detached garage measuring 22 ft. by 22 ft. Currently, there isn t a garage on site. As represented on the attached aerial photo (Attachment B), the occupants vehicles are parked in the northeast corner of the property, in the approximate location of the proposed garage. Being a through lot (a lot having two opposite lot lines along two more or less parallel streets) there is not a rear yard to locate a detached garage or to allow reduced side yard setbacks. Hence the need for the significant side yard setback variations as well as the front yard setback variation from Gordon Terr. for the proposed location of the garage. In terms of the gross floor area (GFA) variation, the maximum permitted GFA is 2,960 s.f. and the existing residence is approximately 2,908 s.f. Therefore, there is approximately 52 s.f. of GFA available for construction of a shed, garage, or addition to the residence. It should be noted that the existing driveway and parking area exceeds the maximum permitted front yard lot coverage along Gordon Terr. (555 s.f.) The proposed construction would add s.f. to the existing nonconforming front yard lot coverage. Property History and Previous Applications The property is located in the R-5 Single Family Residential District, on the north side of Merrill St., just east of Merrill Park, with frontage on Gordon Terr. as well. The residence is circa Subsequent buildings permits were issued in 1927 for a concrete foundation, in 1982 and 1986 for interior remodeling, in 1990 for a second floor addition Agenda Packet P. 52

53 1121 Merrill July 3, 2017 Page 2 of 2 and interior alterations, in 2012 for an addition, and in 2016 for interior remodeling to move a bathroom and laundry room. In 1980 a permit was issued to demolish an accessory structure located in the northeast corner of the property, where the proposed garage would be located. The permit describes the structure as a garage; however, the structure was 14 ft. in depth and 12 ft. in width. The petitioner purchased the property in There are no previous zoning cases for this property. The Village Council has final jurisdiction on this request. Attachments Attachment A: Zoning Matrix Attachment B: GIS Aerial Map Attachment C: Application materials Agenda Packet P. 53

54 Agenda Item Executive Summary Title: Resolution No. R , Waiving Formal Bidding and Approving Change Order No. 2 to the Agreement with ALamp Concrete Contractors (Adoption) Presenter: Brian Keys, Director of Water & Electric Agenda Date: 09/05/17 Ordinance Resolution Bid Authorization/Award Consent: YES NO Policy Direction Informational Only Item History: In 2016, the Village replaced the water main on the west half of Forest Glen Drive in conjunction with storm water improvements. The east half of Forest Glen Drive was not replaced. This section of the water main was ranked 15th in the 2016 Burns & McDonnell Water Main Replacement Study. Executive Summary: Staff is requesting approval to expedite the replacement of water main on the east half of Forest Glen Drive (Exhibit A) following four main breaks in the last (30) days. The estimated cost for the project is $375,000. The project was initially planned for 2019 as it aligned with projected funding in the Water Fund and coincided with Public Works' planned road rehabilitation. After experiencing three separate main breaks on August 2nd, W&E staff met with Public Works and both departments agreed to advance the project in On August 8th, a fourth main break occurred. At this time, the repair crew replaced approximately 25 feet of 6" water main. Due to the topography of the parkway and adjacent homes, two of the events have resulted in flooding the basement of 1245 Forest Glen Drive. At this particular location, a water main break results in water running toward the house and entering the basement through window wells. After the 2nd event, sand bags were placed around the resident's window wells. According to W&E records, the water main was installed in The east half of the Forest Glen Drive water distribution system has experienced (12) water main breaks during the period Records do not exist for any main breaks that occurred prior to With the assistance of engineers in Public Works, construction plans have been designed for the replacement of the 1,330 feet of water main. Staff has submitted the plans to the IEPA to secure a construction permit. An expedited review of the application was requested such that the Village would have the option to complete the work in 2017 prior to winter. If approved, the Village would have up to one year to construct the permit. Otherwise another permit application would be required. Unfortunately, there is no mechanism by which the timing and location of the next main break can be predicted. Staff is requesting that the Village Council consider advancing the Forest Glen Drive water main project in 2017 due to the recent number of breaks and the resulting property damage. Agenda Packet P. 54

55 Executive Summary (continued): Funding to advance the proposed replacement project will be drawn from the Water Fund's capital which will require a transfer from the General Fund. As approved in the 2017 Budget, the Water Fund was to receive a loan of $1 million. Staff is proposing that the General Fund provide the $1 million in capital funding in This would be repaid by the Water Fund in 2019 and 2020 by the Village requesting an IEPA loan for future years project. Due to the application cycle, IEPA loans must be applied for at least one year in advance of a project's anticipated construction. As such, water main replacement projects in 2017 were not eligible for IEPA funding. A summary of the Water Fund 5 Year Plan has been attached for reference (Exhibit B). On April 18, 2017, the Village Council adopted Resolution No. R , approving a contract for the 2017 Street Rehabilitation and Public Improvement Program with ALamp Concrete Contractors, Inc. in the amount not to exceed $1,959, A Lamp was the lowest qualified bidder of the five bid responses received. The bid contained unit prices for street work and water main replacement. A Lamp has provided written confirmation that their firm is willing to accept the additional water main replacement work at the same unit prices and has the resources available to complete the project by October 31, 2017 (Exhibit C). Based on the awarded unit prices, the Forest Glen Drive water main project would cost $375,000. This cost would cover temporary patching of the road surface until Public Works completes the comprehensive road rehabilitation in This scope change would be Change Order No. 2 with the contractor. On July 11, 2017, the Village Council adopted Resolution No. R , approving Change Order No. 1 to the Village's 2017 Street Rehabilitation Contract with A Lamp Concrete Contractors, Inc., to include the rehabilitation of the Lincoln Parking Lot in the amount not to exceed $543,847. Recommendation: Consider adopting Resolution No. R waiving formal bidding and approving Change Order No. 2 to the agreement with A Lamp Concrete Contractors Inc. for the 2017 Street Rehabilitation and Public Improvement Project. Attachments: Resolution No. R , A Resolution Waiving Formal Bidding And Approving Change Order No. 2 To The Agreement With A Lamp Concrete Contractors Inc. For The 2017 Street Rehabilitation and Public Improvement Project. Exhibit A: Diagram of Forest Glen Drive East Water Main Replacement Exhibit B: Summary of Water Fund 5 Year Plan Exhibit C: Letter from A Lamp Concrete Contractors Inc. dated August xx, 2017 Agenda Packet P. 55

56 RESOLUTION NO. R A RESOLUTION WAIVING FORMAL BIDDING AND APPROVING CHANGE ORDER NO. 2 TO THE AGREEMENT WITH A. LAMP CONCRETE CONTRACTORS, INC. FOR THE 2017 STREET REHABILITATION AND PUBLIC IMPROVEMENT PROJECT WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the Village of Winnetka ( Village ) to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, on April 17, 2017, the Village Council approved R authorizing the Village to enter into an agreement with A. Lamp Concrete Contractors, Inc. ( Contractor ) for the performance of the Village s 2017 Street Rehabilitation and Public Improvement Project ( Work ) in an amount not to exceed $1,959, ( Agreement ); and WHEREAS, on July 11, 2017, the Village approved Resolution R approving Change Order Number 1 to the Agreement to add to the Contractor s scope of work the removal and replacement of the Lincoln Avenue parking lot; and WHEREAS, the water main located on the east half of Forest Glen Drive has broken four times in the last 30 days and is in need of replacement ( Additional Work ); and WHEREAS, the Contractor is engaged in the Work and has performed in a satisfactory manner; and WHEREAS, the Contractor has offered to perform the Additional Work for the same unit pricing and pursuant to the same terms as the Work; and WHEREAS, Village Council desires to enter into Change Order Number 2 under the Agreement to authorize Contractor to perform the Additional Work in the not-to-exceed amount of $375,000 ("Change Order No. 2"); and WHEREAS, the Additional Work was not included in the request for bids for the 2017 Street Rehabilitation and Public Improvement Project; and WHEREAS, pursuant to Section C of the Village Code and Section IV.3.D of the Village s Purchasing Manual, the Village Council has determined that it is in the best interests of the Village to waive competitive bidding and enter into Change Order No. 2 with Contractor; NOW, THEREFORE, BE IT RESOLVED, by the Council of the Village of Winnetka, Cook County, Illinois, as follows: SECTION 1: RECITALS. The Village Council hereby adopts the foregoing recitals as its findings, as if fully set forth herein. Agenda Packet P. 56

57 SECTION 2: WAIVER OF COMPETITIVE BIDDING. Pursuant to Section C of the Village Code, Section IV.3.D of the Village s Purchasing Manual, and the Village s home rule authority, the Village Council waives the requirement of competitive bidding for the procurement of the Additional Work. SECTION 3: APPROVAL OF CHANGE ORDER NO. 2. The Village Council hereby approves Change Order No. 2 in a final form approved by the Village Attorney. SECTION 4: AUTHORIZATION TO EXECUTE CHANGE ORDER NO. 2. The Village Council hereby authorizes and directs the Village President and the Village Clerk to execute and attest, respectively, on behalf of the Village, the final Change Order No. 2 after receipt by the Village Manager of two executed copies of the final Change Order No. 2 from Contractor; provided, however, that if the Village Manager does not receive two executed copies of the final Change Order No. 2 from Contractor within 60 days after the date of adoption of this Resolution, then this authority to execute and seal the final Change Order No. 2 will, at the option of the Village Council, be null and void. SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. ADOPTED this 5th day of September, 2017, pursuant to the following roll call vote: AYES: NAYS: ABSENT: ABSTAIN: Signed Countersigned: Village President Village Clerk Agenda Packet P. 57

58 * Proposed Water System Map Forest Glen Dr * * * * ") ") LAKE ST ")!Ñ FOREST GLEN DR N ") * Existing 6'' main to be * * abandoned * * *!Ñ * * * * * * * ") * * * ") ") FOREST GLEN DR Active Water Main Abandoned Water Main Proposed Water Main Existing Service Transfered Service ") Existing Valve * * * * * * * * * * * * * Transfer services to proposed 8'' main ") ")!Ñ ") * FOREST GLEN DR S ") * * TOWER RD * * * Proposed 8'' main!ñ FOREST GLEN DR E ") ") ")!Ñ * * * * * 8/8/2017 Agenda Packet P. 58 * * Feet

59 Village of Winnetka Water Fund 5 Year 9/5/ Proj Revenue Existing User Charges 3,019,900 3,255,400 3,242,100 3,228,400 3,215,100 Revenue Adj per Water Study 119, , ,400 1,032,100 1,388,600 Northfield 575, , , , ,400 Miscellaneous 93,200 93,200 93,200 93,200 93,200 Total Revenue 3,808,000 4,375,100 4,678,700 5,005,300 5,358,300 Tranfer In from General Fund 1,000,000 IEPA Loan Funding 465, ,000 Total Revenue (all Sources) $ 4,808,000 $ 4,375,100 $ 5,143,700 $ 5,540,300 $ 5,358,300 Expenses Operations and Maintenance 3,177,200 3,279,000 3,381,400 3,487,500 3,597,500 Payment in Lieu of Taxes 275, , , , ,000 Debt Service 61,200 61,200 61,200 61,200 CIP 379, , , , ,810 Additional Renewal and Replacement 632, , , ,000 1,020,000 Total Expenses $ 4,463,883 $ 4,377,209 $ 4,509,984 $ 5,050,267 $ 5,399,510 Transfer out to General Fund (465,000) (535,000) Total Expenses (All Sources) $ 4,463,883 $ 4,377,209 $ 4,974,984 $ 5,585,267 5,399,510 Total Net Income $ 344,117 $ (2,109) $ 168,716 $ (44,967) $ (41,210) Beginning Fund Balance * $ 1,174,085 $ 1,518,202 $ 1,516,093 $ 1,684,809 $ 1,639,842 Ending Fund Balance $ 1,518,202 $ 1,516,093 $ 1,684,809 $ 1,639,842 $ 1,598,632 * 2017 Beginning Fund Balance is from the 2017 Water Rate Study (Council approved 4/18/2017) Ending Balance Per Rate Study: $ 1,594,285 Agenda Packet P. 59

60 August 30, 2017 Mr. James Bernahl Assistant Director of Public Works & Engineering Village of Winnetka 1390 Willow Rd Winnetka, IL Re: 2017 Street Rehab Project Forest Glen Water Main Replacement Change Order Mr. Bernahl, Please accept this letter as A Lamp agreement to complete the water main replacement work on Forest Glen utilzing the unit pricing already established on the 2017 Street Rehab project. We also agree that the work will be completed no later then 11/15/2017. If you have any additional questions or comments regarding this matter, please do not hesitate to contact me. Sincerely, A Lamp Concrete Contractors, Inc. Jeff Moyer General Manager Cc: Job File Agenda Packet P. 60

61 Agenda Item Executive Summary Title: Resolution No. R : Approving a Contract with Fairbanks Morse Engine for Repairs to Diesel Generator #9 (Adoption) Presenter: Brian Keys, Director of Water & Electric Agenda Date: 09/05/17 Ordinance Resolution Bid Authorization/Award Consent: YES NO Policy Direction Informational Only Item History: The Electric Plant contains two diesel generators installed in Both units were manufactured by Fair Banks Morse Engine and produce 2.5 MW of electricity. The units are referenced as Unit #8 and Unit #9. Executive Summary: Staff has identified a mechanical issue with the front gear assembly on diesel generator #9 and is requesting Village Council approval to proceed with repairs. The front gear assembly operates two water cooling pumps, the oil pump. starting air distributor, main fuel pump, and the governor. After investigating an abnormal chattering noise encountered during a generation run, the plant mechanic reported visual observation of damaged gearing. Staff contacted the original equipment manufacturer (OEM) Fairbanks Morse Engine for further technical consultation. The OEM has indicated that this condition is likely indicative of an internal bearing failure and recommended that the engine be used only for emergency purposes until repairs can be completed. The diesel has been taken out of service until the repairs can be completed. Staff is requesting authorization to repair the diesel generator using parts and labor from the original equipment manufacturer (OEM), Fairbanks Morse Engine. The OEM has been asked to provide one Technical Representative to be on-site for the repairs. Water & Electric employees will perform the disassembly of the engine in preparation for the installation of the replacement parts. Prior to the reassembly, the water pumps will be sent to Fairbanks Morse Engine for rebuild at an estimated cost of $6,000 each. At time of quotation, one of the repair parts has a manufacturing lead time of 155 days. Upon receipt of a purchase order, the vendor will attempt to expedite this item. It is estimated that repair will take approximately two weeks upon receipt of all replacement parts. This is based on the Fairbanks Morse Engine Technical Representative being on-site for 8 days, working a 10 hour workday, with assistance from Water & Electric employees. Two travel days and lodging are also included in the labor cost. Labor (Field Services): $34, Parts: $42, Offsite rebuild of Water Pumps: $12, Contingency (parts & labor): $5, Total: $93, Staff is requesting additional contingency in the amount of $5,000 to account for the potential of an additional day of field service support and/or additional components that may have been inadvertently missed in the bill-of-materials. The total amount of requested funding is $93, Agenda Packet P. 61

62 Executive Summary (continued): The other diesel generator, Unit #8 remains in service. This unit has been checked and does not appear to show similar mechanical issues. A single diesel generator is capable of supplying sufficient electrical power to operate the Water Plant. Both diesels are required for a black start event of the Electric Plant. This is a situation whereby the Electric Plant has no outside source of power and the two diesels are needed to operate various pieces of equipment required to bring the boilers and steam turbines on line. In a catastrophic regional power outage, two diesel generators are needed to power the water plant, Village Yards, water reservoir and Winnetka Avenue storm water pumping station. Generating units at the Electric Plant are under contract with IMEA. Based on their individual outputs, the agency provides a credit on the Village s wholesale electric bill. Generator #9 will not be available for generation. As a result, the Village will incur a deduction in credit of $8,160 for each month that the generator is not available. Resolution No. R , prepared by the Village Attorney, authorizes the Village President and Village Clerk to execute and attest, a contract with Fairbanks Morse Engine. Staff is proposing to fund the project using unexpended monies from the capital portion of the Electric Fund budget, which totals $2,589,380 for fiscal year While this repair project is not contained in the 2017 Electric Fund Capital Budget, the year-end estimate for the capital portion of the budget is presently $1,775,737. The reduced capital spending is primarily attributed to the delay of the fire protection project estimated to cost $600K. This project is out for bid and will extend into fiscal year Other categories of capital which include cable, cable devices, transformers and conduit are trending lower than budget. Recommendation: Consider adoption of Resolution No. R approving a contract with Fairbanks Morse Engine for Repairs to Diesel Generator #9. Attachments: Resolution No. R approving a contract with Fairbanks Morse Engine for Repairs to Diesel Generator #9. Exhibit A: Contract with Fairbanks Morse - Proposal - Replacement parts listing Fairbanks Morse Engine Standard Services Terms and Conditions Agenda Packet P. 62

63 RESOLUTION NO. R A RESOLUTION APPROVING A CONTRACT WITH FAIRBANKS MORSE ENGINE FOR REPAIRS TO DIESEL GENERATOR #9 WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the Village of Winnetka ( Village ) to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the Village s Department of Water and Electric operates a Fairbanks Morse generator known as generator number 9 ( Generator ), which is in need of repair ( Parts and Services ); and WHEREAS, pursuant to Sections A and C of the Village Code the bidding requirements may be waived for contracts which by their nature are not adaptable to competitive bidding; and WHEREAS, Fairbanks Morse Engine of Houston, Texas ( Contractor ), is the only company that readily provides the parts needed for the Parts and Services; and WHEREAS, the Village desires to enter into an agreement with Fairbanks Morse to provide the Parts and Services to repair the Generator ( Contract ) in an amount not to exceed $93,867.10, which price includes $5, in contingency funds in the event that the Village determines that additional repair work is needed while the Services are being performed; and WHEREAS, pursuant to Sections A and Sections C of the Village Code, the Village Council has determined that it is in the best interests of the Village to waive competitive bidding and enter into the Contract with Contractor; NOW, THEREFORE, BE IT RESOLVED, by the Council of the Village of Winnetka, Cook County, Illinois, as follows: SECTION 1: RECITALS. The Village Council adopts the foregoing recitals as its findings, as if fully set forth herein. SECTION 2: WAIVER OF COMPETITIVE BIDDING. Pursuant to Sections A and C of the Village Code and the Village s home rule authority, the Village Council waives the requirement of competitive bidding for the procurement of the Parts and Services. SECTION 3: APPROVAL OF CONTRACT. The Village Council approves the Contract in the form attached to this Resolution as Exhibit A and in a final form approved by the Village Attorney. SECTION 4: AUTHORIZATION TO EXECUTE CONTRACT. The Village Council hereby authorizes and directs the Village President and the Village Clerk to execute and attest, respectively, on behalf of the Village, the final Contract after receipt by the Village September 5, 2017 R Agenda Packet P. 63

64 Manager of two executed copies of the final Contract from Contractor; provided, however, that if the Village Manager does not receive two executed copies of the final Contract from Contractor within 60 days after the date of adoption of this Resolution, then this authority to execute and seal the Contract will, at the option of the Village Council, be null and void.. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval by the vote of two-thirds of the Trustees. ADOPTED this 5 th day of September, 2017, pursuant to the following roll call vote: AYES: NAYS: ABSENT: ABSTAIN: Signed Countersigned: Village President Village Clerk September 5, 2017 R Agenda Packet P. 64

65 EXHIBIT A CONTRACT Agenda Packet P. 65

66 VILLAGE OF WINNETKA CONTRACT FOR ENGINE REPAIRS This CONTRACT FOR ENGINE REPAIRS ("Contract") is dated as of the day of, 2017 ("Effective Date"), and is by and between the VILLAGE OF WINNETKA, an Illinois home rule municipal corporation ("Village"), and FAIRBANKS MORSE ENGINE, of FM 529, Houston, Texas ("Vendor"). 1. Contract to Deliver and Install Products A. Purchase of Products and Services. The Vendor shall deliver to the Village, at the Delivery Address defined below, the products, items, materials, merchandise, supplies, or other items (collectively, the Products ) identified by the Vendor in its proposal, which proposal is attached to this Contract as Exhibit A ("Proposal"), in new, undamaged, and first-quality condition. Vendor further shall further provide the following installation and repair services (collectively, Services ), which Services are more fully described in the Proposal: Provide an OEM Technical Representative for diesel engine repair of the front end gear train failure which includes the crankshaft, pump flex gear and the cross drive assembly rebuild, advisory assistance for the repair, re-assembly and start-up activities of Fairbanks Morse diesel generator. Provide replacement OEM parts required during the overhaul as agreed upon between Fairbanks Morse Engine and the Village of Winnetka. The Village of Winnetka will provide all craft labor and staff for re-assembly and start-up activities. The engine will be dismantled by the Village of Winnetka prior to the Technical Representative s arrival on-site. The Products shall be delivered, and Services provided, in accordance with the Vendors 2017 Standard Service Terms and Conditions attached hereto as Exhibit B. B. Delivery Address. The Products must be delivered to the following address: Village of Winnetka Tower Road Winnetka, IL C. Performance Standards for Products. The Vendor agrees that the Products will comply strictly with the specifications for the Products identified in the Proposal. If this Contract specifies a Product by brand name or model, that specification is intended to reflect the required performance standards and standard of excellence that the Village requires for the Product. However, the Vendor may propose to deliver a Product that is a different brand or model, if the Vendor provides written documentation establishing that the brand or model it proposes to deliver possess equal quality, durability, functionality, capability, and features as the Product specified. 2. Pricing A. Contract Price. The Proposal contained in Exhibit A is an estimate only. The Vendor shall deliver the Products to the Village and complete the Services in accordance with the prices set forth in Exhibit A. Notwithstanding anything to the contrary above, in the event the scope of the Products or Services changes due to the actions or decisions of the Village or the actual condition of the generator, Vendor reserves the right to modify its proposal and tender a new proposal for approval by the Village. Vendor shall take, in full payment for all Products and Services, including overhead and profit, taxes, royalties, license fees, delivery, contributions and premiums, and compensation to all subcontractors and suppliers. Notwithstanding the foregoing, the Vendor shall not proceed with the delivery of any Products, in the performance of any Services, or expending funds that may be reimbursed by the Village in excess of a total price of $93, without the prior express written authorization of the Village Manager. B. Basis for Determining Prices. It is expressly understood and agreed that: 1. The Village is not subject to state or local sales, use, and excise taxes, and no such taxes are included in the Proposal. If the Village provides Vendor with a tax exemption certificate acceptable to the appropriate taxing authorities, all claims or rights to claim any additional compensation by reason of the payment of any such tax will hereby be waived and released; and 2. No other applicable federal, state, and local taxes of any kind and nature applicable to the Products and Services are included in the Proposal. The Village will reimburse Vendor for any taxes that are not exempt. B-1 Agenda Packet P. 66

67 3. Contract Time The Vendor shall deliver the Products to the Village at the Delivery Address and complete the Services as mutually agreed upon by the Village and Vendor, but in no event later than, Vendor s Representations and Warranties The Vendor represents and warrants as follows: A. Compliance with Laws. All Products and Services, and all of their components shall comply with, and the Vendor agrees to be bound by, all applicable federal, state, and local laws, orders, rules, and regulations, as they may be modified or amended from time to time, including without limitation, the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et seq.; any other applicable prevailing wage laws; the Fair Labor Standards Act; any statutes regarding qualification to do business; any statutes requiring preference to laborers of specified classes; the Illinois Steel Products Procurement Act, 30 ILCS 565/1 et seq.; any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited classification, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C et seq., the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq., and the Public Works Discrimination Act, 775 ILCS 10/0.01 et seq.; and any statutes regarding safety or the performance of the Work, including the Illinois Underground Utility Facilities Damage Prevention Act, 220 ILCS 50/1 et seq., and the Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq. Every provision required by law to be inserted into this Contract shall be deemed to be inserted herein. B. Not Barred. The Vendor is not barred by law from contracting with the Village or with any other unit of state or local government as a result of: (1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless the Vendor is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of tax, as set forth in 65 ILCS 5/ ; (2) a violation of either Section 33E-3 or Section 33E-4 of Article 33 of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq.; or (3) any other reason. C. Qualified. The Vendor has the requisite experience, ability, inventory, capital, facilities, equipment, plant, organization, and staff to enable the Vendor to deliver the Products and complete the Services. 5. General Provisions A. Reliance. The Vendor acknowledges and agrees that the Village is relying on all warranties, representations, and statements made by the Vendor in this Contract. B. Relationship of the Parties. The Vendor shall act as an independent contractor in delivering the Products and completing the Services. Nothing in, nor done pursuant to, this Contract shall be construed: (1) to create the relationship of principal and agent, employer and employee, partners, or joint venturers between the Village and the Vendor; or (2) to create any relationship between the Village and any subcontractor of the Vendor. C. Default. If it should appear at any time that the Vendor has failed or refused to complete, or has delayed in the completion of, the delivery of the Products or performance of the Services with diligence at a rate that assures completion of such deliveries and Services in full compliance with the requirements of this Contract, or has otherwise failed, refused, or delayed to perform or satisfy any other requirement of this Contract ( Event of Default ), and fails to cure any such Event of Default within ten business days after the Vendor s receipt of written notice of such Event of Default from the Village, then the Village shall have the right, without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies: 1. Cure by Vendor. The Village may require the Vendor, within a reasonable time, to complete or correct all or any part of such delivery or Services that is the subject of the Event of Default; and to take any or all other action necessary to bring the Vendor, the Products, and the Services into compliance with this Contract. 2. Termination of Contract by Village. The Village may terminate this Contract without liability for further payment of amounts due or to become due under this Contract after the effective date of termination. Notwithstanding anything to the contrary above, the Village will be responsible to pay Vendor for any work already performed by Vendor at the time of termination. 3. Withholding of Payment by Village. The Village may withhold from any payment, whether or not previously approved, or may recover from the Vendor, any and all costs, including attorneys fees and administrative B-2 Agenda Packet P. 67

68 expenses, incurred by the Village as the result of any Event of Default by the Vendor or as a result of actions taken by the Village in response to any Event of Default by the Vendor. D. Notice. All notices required or permitted to be given under this Contract shall be in writing and shall be delivered (1) personally, (2) by a reputable overnight courier, or by (3) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid. Unless otherwise expressly provided in this Contract, notices shall be deemed received upon the earlier of: (a) actual receipt; (b) one business day after deposit with an overnight courier, as evidenced by a receipt of deposit; or (c) four business days following deposit in the U.S. mail, as evidenced by a return receipt. By notice complying with the requirements of this Section 5.D, each party shall have the right to change the address or the addressee, or both, for all future notices and communications to the other party, but no notice of a change of addressee or address shall be effective until actually received. Notices and communications to the Village shall be addressed to, and delivered at, the following address: Village of Winnetka 510 Green Bay Road Winnetka, Illinois Attention: Brian Keys, Director of Water & Electric Notices and communications to the Vendor shall be addressed to, and delivered at, the following address: Fairbanks Morse Engine FM 529 Houston, Texas Attention: Gary Bennett, Senior Service Supervisor E. Binding Effect. The terms of this Contract shall bind and inure to the benefit of the Village, the Vendor, and their agents, successors and assigns. F. Remedies. Each of the rights and remedies reserved to the Village in this Contract are cumulative and additional to any other or further remedies provided in law or equity or in this Contract. G. Time. Time is of the essence in the performance of all terms and provisions of this Contract. Except where specifically stated otherwise, references in this Contract to days shall be construed to refer to calendar days and time excluding Sundays. H. No Waiver. No examination, inspection, investigation, test, measurement, review, determination, decision, certificate, or approval by the Village; nor any information or data supplied by the Village; nor any order by the Village for the payment of money; nor any payment for, or use, possession, or acceptance of, the whole or any part of the any Product by the Village; nor any extension of time granted by the Village; nor any delay by the Village in exercising any right under this Contract; nor any other act or omission of the Village shall constitute or be deemed to be an acceptance of any defective, damaged, or nonconforming Product, or the Services, nor operate to waive or otherwise diminish the effect of any representation or warranty made by the Vendor; or of any requirement or provision of this Contract; or of any remedy, power, or right of the Village. I. Severability. It is hereby expressed to be the intent of the parties to this Contract that should any provision, covenant, agreement, or portion of this Contract or its application to any person or property be held invalid by a court of competent jurisdiction, the remaining provisions of this Contract and the validity, enforceability, and application to any person or property shall not be impaired thereby, but the remaining provisions shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Contract to the greatest extent permitted by applicable law. J. Amendments and Modifications. No amendment or modification to this Contract shall be effective until it is reduced to writing and approved and executed by the corporate authorities of the parties in accordance with all applicable statutory procedures. K. Assignment. Neither this Contract, nor any interest herein, shall be assigned or subcontracted, in whole or in part, by the Vendor except upon the prior written consent of the Village. L. Governing Law. This Contract shall be governed by, construed, and enforced in accordance with the internal laws, but not the conflicts of laws rules, of the State of Illinois. All judicial actions relating to any interpretation, enforcement, dispute resolution or any other aspect of this Agreement shall be brought in the Circuit Court of the State of B-3 Agenda Packet P. 68

69 Illinois, Cook County, Illinois. Any matter brought pursuant to the jurisdiction of the federal courts shall be brought in the United States District Court of the Northern District of Illinois. M. Exhibit. Exhibits A and B attached to this Contract are, by this reference, incorporated in and made a part of this Contract. In the event of a conflict between the text of the Exhibit, and the text of this Contract, the text of this Contract will control. IN WITNESS WHEREOF, the Village and the Vendor have executed this Contract. ATTEST: VILLAGE OF WINNETKA By: Village Clerk By: Village Manager ATTEST: FAIRBANKS MORSE ENGINE By: Title: By: Its: B-4 Agenda Packet P. 69

70 Agenda Packet P. 70

71 Agenda Packet P. 71

72 Quote to: FAIRBANKS MORSE, LLC 701 WHITE AVENUE BELOIT, WI Tel: Fax: WINNETKA VILLAGE OF ATTN: ACCOUNTS PAYABLE 510 GREEN BAY ROAD WINNETKA, IL United States Attn: Fax: Quote Number Quote Date Customer Ref. COMMERCIAL QUOTATION AUG AUG-2017 JAMES Payment Terms F.O.B. Sales Rep NET 30 Origin Revision Date Page 24-Aug-17 1 of 7 Customer Req. #9 FRONT END PARTS Freight Terms Currency WAYMAN, ZACH Buyer pays freight USD PO Item Item Qty Unit Part Number Description EACH GASKET,TURBO EXH GA est. item weight = 6 OZ each. RV Availability to Ship (days)* Unit Price Extended 35 $48.50 $ EACH GASKET CAFB5926A Stock $6.61 $ EACH PIPE ASSY,FUEL OIL est. item weight = 12OZ each. Stock $ $2, EACH BEARING Stock $10.55 $ EACH ROLLER,FUEL CONT RO est. item weight = 1 LB each. Stock $95.75 $ EACH VALVE,CHECK $ $1, EACH GASKET CAFB2791A est. item weight = -OZ. each EACH GASKET,WTR HDR-INLE est. item weight = 1/2OZ. each. Stock $1.60 $6.40 Stock $0.75 $ EACH HOSE,RUBBER-HEADER Stock $33.29 $ EACH GASKET,L.O. SUCTION Stock $7.99 $ EACH GASKET,PUMP MTG-PL est. item weight = 5OZS each EACH GASKET,DISTR MTG est. item weight = <1LB each EACH BEARINGS,SKF 1208 est. item weight = 3 LBS each EACH N NUTS LOCK, PREVAILI *REPLACES P/N PLEASE UPDATE YOUR RECORDS. Stock $5.01 $10.02 Stock $10.25 $10.25 Stock $54.33 $54.33 Stock $5.25 $ EACH GASKET Stock $6.34 $ EACH GASKET,W.P. VOLUTE Stock $11.99 $ EACH GEAR,WTR PUMP DR $2, $4, Agenda Packet P. 72

73 Quote to: FAIRBANKS MORSE, LLC 701 WHITE AVENUE BELOIT, WI Tel: Fax: WINNETKA VILLAGE OF ATTN: ACCOUNTS PAYABLE 510 GREEN BAY ROAD WINNETKA, IL United States Attn: Fax: Quote Number Quote Date Customer Ref. COMMERCIAL QUOTATION AUG AUG-2017 JAMES Payment Terms F.O.B. Sales Rep NET 30 Origin Revision Date Page 24-Aug-17 2 of 7 Customer Req. #9 FRONT END PARTS Freight Terms Currency WAYMAN, ZACH Buyer pays freight USD PO Item Item Qty Unit Part Number Description est. item weight = 7-1/8LBS. each. RV Availability to Ship (days)* Unit Price Extended EACH LOCKNUT est. item weight = 1 OUNCE each. Stock $6.10 $ EACH LOCKWASHER, BALL BE Stock $2.40 $ EACH SEAL,WATER PUMP est. item weight = 3 OZS each EACH WASHER,IMP SEAL-WAT est. item weight =.2 OZS each EACH LOCKWASHER,WATER PU est. item weight = 1 OUNCE each EACH BEARING est. item weight = 2LBS. each EACH RING,RETAINER SEAL est. item weight = 1-1/2OUNCES each EACH BEARING est. item weight = 2.5 LBS each EACH GASKET,W.P. & W.P. est. item weight = 2 OZ each EACH GASKETS, FLANGE FOR est. item weight = 3OZS. each EACH GEAR,L.O. PUMP-44 T *REPLACES P/N PLEASE UPDATE YOUR RECORDS. Stock $ $ Stock $18.30 $73.20 Stock $9.59 $19.18 Stock $20.16 $40.32 Stock $66.59 $ Stock $ $ Stock $3.20 $9.60 Stock $3.28 $13.12 Stock $6, $6, EACH GASKET,L.O.PUMP TO Stock $33.29 $ EACH GASKET,WATER INLET est. item weight = 2 OZ each EACH GASKETS, FLANGE FOR est. item weight = 3OZS. each EACH CAFB948B GASKET-AIR COOLER W est. item weight = 2-1/2OZS. each. Stock $7.99 $63.92 Stock $3.28 $13.12 Stock $50.76 $50.76 Agenda Packet P. 73

74 Quote to: FAIRBANKS MORSE, LLC 701 WHITE AVENUE BELOIT, WI Tel: Fax: WINNETKA VILLAGE OF ATTN: ACCOUNTS PAYABLE 510 GREEN BAY ROAD WINNETKA, IL United States Attn: Fax: Quote Number Quote Date Customer Ref. COMMERCIAL QUOTATION AUG AUG-2017 JAMES Payment Terms F.O.B. Sales Rep NET 30 Origin Revision Date Page 24-Aug-17 3 of 7 Customer Req. #9 FRONT END PARTS Freight Terms Currency WAYMAN, ZACH Buyer pays freight USD PO Item Item Qty Unit Part Number Description RV Availability to Ship (days)* Unit Price Extended EACH NUTS,ZINC PLT STL L Stock $0.53 $ EACH GASKET,L.O.,F.O.&W. est. item weight = 8 OZ each EACH GASKET,HANDHOLE COV est. item weight = 2 OZ each EACH WASHER CADD8787A est. item weight = 1.75 LBS each EACH GASKET,CONTCEND-COV est. item weight = 4OZS. each EACH GASKET,CONT END COV est. item weight = 8OZS each EACH GASKET,SMALL-CONT E est. item weight = 1LB. each EACH GASKET,CONT END INS est. item weight = 8OZ each EACH GASKET-COVER CADD73 est. item weight = 3-1/4OZS each. Stock $10.23 $20.46 Stock $5.33 $21.32 Stock $0.75 $ $18.19 $18.19 Stock $17.31 $17.31 Stock $7.99 $15.98 Stock $27.97 $27.97 Stock $2.40 $ EACH GASKET-EMERG.STOP B Stock $2.53 $ EACH SEAL,OIL ND1636A est. item weight =.5 OZ each EACH SEAL, OIL CND2503A est. item weight = 1OZ each EACH BEARING est. item weight = 6-1/2OUNCE each EACH N COTTER PINS, STEEL *NOTE CORRECT P/N EACH BEARING est. item weight = 1-1/4OUNCE each EACH N COTTER PINS, PL STL *REPLACES P/N PLEASE Stock $5.01 $10.02 Stock $13.69 $27.38 Stock $7.83 $15.66 Stock $0.05 $0.10 Stock $16.67 $66.68 Stock $0.03 $0.12 Agenda Packet P. 74

75 Quote to: FAIRBANKS MORSE, LLC 701 WHITE AVENUE BELOIT, WI Tel: Fax: WINNETKA VILLAGE OF ATTN: ACCOUNTS PAYABLE 510 GREEN BAY ROAD WINNETKA, IL United States Attn: Fax: Quote Number Quote Date Customer Ref. COMMERCIAL QUOTATION AUG AUG-2017 JAMES Payment Terms F.O.B. Sales Rep NET 30 Origin Revision Date Page 24-Aug-17 4 of 7 Customer Req. #9 FRONT END PARTS Freight Terms Currency WAYMAN, ZACH Buyer pays freight USD PO Item Item Qty Unit Part Number Description UPDATE YOUR RECORDS. RV Availability to Ship (days)* Unit Price Extended EACH SEAL,OIL ND1818A *REPLACES P/N PLEASE UPDATE YOUR RECORDS. Stock $19.31 $ EACH BEARING Stock $22.53 $ EACH GASKET Stock $5.65 $ EACH GASKET-CONT.SHAFT B est. item weight = 8OZS. each EACH CHAIN,ROLLER TIMING est. item weight = 24LBS each EACH BEARING est. item weight = 1LB3OZS. each EACH GASKET,COVER-EXT TI est. item weight = 2 OZ each EACH SPACER,COVER est. item weight = 4 OZ each EACH COTTER PIN,PL STL *REPLACES P/N PLEASE UPDATE YOUR RECORDS. est. item weight = 1 OUNCE each. Stock $5.17 $5.17 Stock $ $ Stock $20.16 $ Stock $0.77 $3.08 Stock $ $ Stock $0.05 $ EACH BUSHING,PIVOT CAFB5 Stock $ $1, EACH COTTER PIN,PL STL *REPLACES P/N PLEASE UPDATE YOUR RECORDS EACH N COTTER PINS,PL STL1 *REPLACES P/N PLEASE UPDATE YOUR RECORDS. est. item weight = 0.1 LBS. each. Stock $0.11 $0.22 Stock $0.11 $ EACH N COTTER PINS, PL STL Stock $0.03 $0.03 Agenda Packet P. 75

76 Quote to: FAIRBANKS MORSE, LLC 701 WHITE AVENUE BELOIT, WI Tel: Fax: WINNETKA VILLAGE OF ATTN: ACCOUNTS PAYABLE 510 GREEN BAY ROAD WINNETKA, IL United States Attn: Fax: Quote Number Quote Date Customer Ref. COMMERCIAL QUOTATION AUG AUG-2017 JAMES Payment Terms F.O.B. Sales Rep NET 30 Origin Revision Date Page 24-Aug-17 5 of 7 Customer Req. #9 FRONT END PARTS Freight Terms Currency WAYMAN, ZACH Buyer pays freight USD PO Item Item Qty Unit Part Number Description *REPLACES P/N PLEASE UPDATE YOUR RECORDS. est. item weight = 1 OUNCE each. RV Availability to Ship (days)* Unit Price Extended EACH GEAR SUBASSY,FLEX P 155 $11, $11, EACH N COTTER PINS, PL STL *REPLACES P/N PLEASE UPDATE YOUR RECORDS. est. item weight = 0.1 LBS. each. Stock $0.05 $ EACH CAP SCREWS, PL STL Stock $14.78 $ EACH BEARING Stock $ $ EACH PLATE,WEAR-GOV DR S est. item weight = 1/4 OZ each. Stock $ $ EACH BEARING Stock $ $ EACH BEARING,GOV DR SHAF est. item weight = 5 LBS each. Stock $ $1, EACH CAP SCREWS, PL STL Stock $14.54 $ EACH CAP SCREWS, PL STL 1 50 $85.31 $ EACH SHIM,.007 AS REQ'D est. item weight = 1 OUNCE each EACH N COTTER PINS, PL STL *REPLACES P/N PLEASE UPDATE YOUR RECORDS. est. item weight = 0.1 LBS. each. Stock $18.80 $75.20 Stock $0.05 $ EACH GEAR,L.O FLEX PMP-D Stock $2, $2, EACH CAP SCREWS, PL STL Stock $14.78 $ EACH PINION,GOV DR SHAFT Stock $ $ Agenda Packet P. 76

77 Quote to: FAIRBANKS MORSE, LLC 701 WHITE AVENUE BELOIT, WI Tel: Fax: WINNETKA VILLAGE OF ATTN: ACCOUNTS PAYABLE 510 GREEN BAY ROAD WINNETKA, IL United States Attn: Fax: Quote Number Quote Date Customer Ref. COMMERCIAL QUOTATION AUG AUG-2017 JAMES Payment Terms F.O.B. Sales Rep NET 30 Origin Revision Date Page 24-Aug-17 6 of 7 Customer Req. #9 FRONT END PARTS Freight Terms Currency WAYMAN, ZACH Buyer pays freight USD PO Item Item Qty Unit Part Number Description est. item weight = 1 LB each. RV Availability to Ship (days)* Unit Price Extended EACH GEAR,L.O. PUMP DRIV est. item weight = 16LBS each. Stock $4, $4, EACH GEAR,9 TEETH-GOV DR Stock $ $ EACH NUTS,ZINC PLT STL L est. item weight = 0.1 LBS. each. * Subject to prior sale, after receipt of order. Stock $0.40 $12.80 FAIRBANKS MORSE ENGINE STRIVES TO CONTINUOUSLY IMPROVE OUR PARTS LEAD TIMES. IF YOU ARE UNHAPPY WITH THE ABOVE QUOTED LEAD TIME, PLEASE CONTACT THE CUSTOMER SERVICE REPRESENTATIVE LISTED BELOW. THANK YOU. QUOTATION IS VALID FOR 90 DAYS PRICES F.O.B. FACTORY COMMERCIAL DOMESTIC PACKAGING PAYMENT TERMS: UNLESS OTHERWISE AGREED UPON IN WRITING, TERMS OF PAYMENT ARE CASH, IN UNITED STATES DOLLARS, IN FULL, WITHIN THIRTY (30) DAYS FROM DATE OF SHIPMENT. A SERVICE CHARGE FOR LATE PAYMENT MAY BE ASSESSED AT AN INTEREST RATE OF 1.5% PER MONTH (OR SUCH OTHER RATE ALLOWABLE BY LAW). ALL ORDERS ARE SUBJECT TO THE APPROVAL OF COMPANY'S CREDIT DEPARTMENT AND COMPANY MAY REQUIRE FULL OR PARTIAL PAYMENT IN ADVANCE. ITEMS SHOWN IN STOCK ARE SUBJECT TO PRIOR SALE PLEASE REFERENCE FAIRBANKS MORSE ENGINE QUOTATION NUMBER WHEN PLACING ORDER PLEASE NOTE: FAIRBANKS MORSE ENGINE HAS A $50.00 MINIMUM ORDER/SHIPMENT VALUE REQUIREMENT (DOES NOT INCLUDE CERTIFICATION FEES OR FREIGHT CHARGES THAT MAY APPLY) QUOTATION IS SUBJECT TO THE ACCOMPANYING TERMS & CONDITIONS (BF5398) Agenda Packet P. 77 Total: $42,547.10

78 Quote to: FAIRBANKS MORSE, LLC 701 WHITE AVENUE BELOIT, WI Tel: Fax: WINNETKA VILLAGE OF ATTN: ACCOUNTS PAYABLE 510 GREEN BAY ROAD WINNETKA, IL United States Attn: Fax: Quote Number Quote Date Customer Ref. COMMERCIAL QUOTATION AUG AUG-2017 JAMES Payment Terms F.O.B. Sales Rep NET 30 Origin Revision Date Page 24-Aug-17 7 of 7 Customer Req. #9 FRONT END PARTS Freight Terms Currency WAYMAN, ZACH Buyer pays freight USD PO Item Item Qty Unit Part Number Description CONTACT: TRACY PHIFER TELEPHONE: FAX: tracy.phifer@fairbanksmorse.com RV SIGNATURE OF FME AUTHORIZED AGENT X Availability to Ship (days)* NAME AND TITLE OF APPROVER PHIFER, TRACY L - CUSTOMER SERVICE REP Unit Price Extended Agenda Packet P. 78

79 2017 Fairbanks Morse Engine Standard Services Terms and Conditions Fairbanks Morse, LLC ( FM ) will invoice customer ( Purchaser ) for standard services in accordance with the following Service Rates, Billing Terms and Conditions and General Term and Conditions (collectively, the Terms ). Unless otherwise expressly agreed by the parties in writing, the Terms shall apply to all services provided by FM to Purchaser and such Terms are subject to change without prior notice. Any sale by FM of engines, parts or other goods shall be subject to FM s standard sales terms and conditions of sale of parts or equipment, as applicable. Notwithstanding the foregoing, any goods and services sold for use at or in connection with a Nuclear Facility or Nuclear Installation shall be subject to FAIRBANKS MORSE ENGINE 2017 STANDARD TERMS AND CONDITIONS (NUCLEAR). SERVICE RATES Service Level Provider Standard Hourly Rate (Weekday) Overtime Hourly Rate (Weekday) Overtime Hourly Rate (Weekend/Holiday) Mechanic $132 $200 $289 Field Service Technician $173 $260 $375 Technical Representative $240 $361 $514 Technical Supervisor $292 $437 $505 Analytical Engineer $435 $652 $932 BILLING TERMS AND CONDITIONS A. Weekday Standard hours are defined as Monday to Friday with an 8-hour shift. B. Weekday Overtime hours are defined as Monday to Friday exceeding an 8-hour shift. C. Weekend hours are defined as all hours on Saturday or Sunday. D. Holiday hours for 2017 are defined as all hours on January 2, April 14, May 29, July 3-4, September 4, November 23-24, December & E. Minimum charge and standby time is four (4) hours (local FME Service Center geographical area) and eight (8) hours (away from local FME Service Center geographical area) at quoted service rates, set forth above. F. Travel, lodging, per diem and transportation are invoiced at cost plus 15%. G. Travel Time is invoiced at a rate of $132.00/hour. H. Per Diem will be charged at $60 per day or in accordance with Joint-Travel Regulation (JTR), if applicable. I. Mileage will be charged at $0.75 per mile or in accordance with Joint-Travel Regulation (JTR), if applicable. J. Minimum charge for on-site Analytical Engineer is two (2) 12-hour-working days at service rates set forth above. K. Stand-by time is defined as time where FM service personnel are available to work, but Purchaser requests that FM service personnel not initiate or perform work. L. Travel time is defined as the actual time where FM service personnel is en route to/from work site. M. Purchaser-furnished lodging accommodations must meet FM standards. FM reserves the right to accept the accommodations or arrange separate accommodations and invoice Purchaser reasonable amounts therefor. Purchaser assumes all charges related with travel time associated with new accommodations to work site. N. For service extending at least 30 calendar days, FM reserves the right to relieve and replace existing service personnel. O. Unless otherwise agreed in writing, Purchaser shall furnish all materials, supplies, utilities, tools as may be required by FM service personnel to perform agreed upon service work, at agreed upon work site Agenda Packet P. 79

80 Fairbanks Morse Engine Standard Services Terms and Conditions P. Purchaser warrants that all furnished materials, supplies, utilities and tools are in acceptable working condition to perform service work and require acceptance of FM service personnel. Any delays due to condition of Purchaser-furnished materials, supplies, utilities, and tools are charged at the applicable service rates. Q. Purchaser may not share FM s Service Rates with a third party without FM s prior written consent. R. Purchaser s order will not be subject to cancellation or deferment of scheduled start date without FM s written consent. Upon written cancellation request by Purchaser, service order will be subject to a 25% fee based on the value of the estimate or proposal, or $1,500.00, whichever is greater. If Purchaser requests cancellation less than thirty (30) days prior to the date on which work from Company is scheduled to commence, the order will be subject to a 50% fee based on the value of the estimate or proposal, or $5,000.00, whichever is greater. Special items, tooling or subcontractors charges will be charged at proposed rates plus 25%. S. Purchaser shall reimburse FM for any sales, use, value-added, occupation, excise or other tax arising out of the provision of services hereunder or shall provide FM with a tax exemption certificate acceptable to the appropriate taxing authorities. T. Unless otherwise agreed upon in writing, terms of payment are cash, in United States Dollars, in full, within thirty (30) days from date of shipment. A service charge for late payment may be assessed at an interest rate of 1.5% per month (or such other rate allowable by law). All orders are subject to the approval of FM s Credit Department and FM may require full or partial payment in advance. GENERAL TERMS AND CONDITIONS 1. Acknowledgement and Acceptance. Unless specifically set forth and agreed to in writing by FM, all articles and services are sold under these Terms only. Any other rates, terms or conditions, including any set forth on Purchaser s purchase order or other document, unless specifically set forth and agreed to in writing by FM, are rejected and shall be deemed inapplicable notwithstanding any provisions in the Purchaser s purchase order or other document to the contrary. In the event Purchaser accepts any articles or services, such performance by Purchaser shall be deemed to be upon all the terms and conditions contained herein. 2. Delivery. Except as may be specifically set forth and agreed to in writing by FM, delivery will be F.O.B. point of shipment. Shipping or service dates are estimates which are not guaranteed and are based upon prompt receipt of all necessary information. 3. Force Majeure. FM shall in no event be liable for delays or failure to perform caused by fire, acts of God, strikes, labor difficulties, acts of governmental or military authority, delays in transportation or in procuring materials or any other event beyond FM s control. 4. Warranty. (a) General. FM warrants to Purchaser that the performance of the services provided hereunder shall be performed in a professional and workmanlike manner. FM further warrants that, to the extent applicable, all services shall be performed in accordance with the written specifications agreed between the parties, if any. Any claim for breach of warranty must be made within 90 days after completion of the service and FM shall have no liability for claims made after such 90-day period. FM s exclusive remedy for warranty claims hereunder shall be: (i) reperformance or rectifying the defective service, or (ii) refund of the price paid for the service at FM s sole discretion. THESE ARE FM S ONLY WARRANTIES. FM MAKES NO OTHER WARRANTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. As a condition to FM s obligations hereunder for breach of warranty, Purchaser shall offer its reasonable cooperation and assist FM in the Agenda Packet P. 80

81 Fairbanks Morse Engine Standard Services Terms and Conditions course of FM s review of any warranty claim. Anything contained herein to the contrary notwithstanding, in no event shall FM be liable for breach of warranty or otherwise in any manner whatsoever for: (i) normal wear and tear; (ii) corrosion, abrasion or erosion; (iii) any goods, components, parts, software or services which, following delivery or performance by FM, has been subjected to accident, abuse, misapplication, modification, improper repair, alteration, improper installation or maintenance, neglect, or excessive operating conditions; (iv) defects resulting from Purchaser s specifications or designs or those of its contractors or subcontractors other than FM; (v) defects associated with consumable parts or materials, the lifetime of which is shorter than the warranty period set forth in this Section; (vi) defects associated with Purchaser s specifications or designs or those of its contractors or subcontractors other than FM; (vii) defects resulting from the manufacture, distribution, promotion or sale of Purchaser s own products; (viii) accessories of any kind used by the Purchaser which are not manufactured by or approved by FM or (ix) the cost of any repairs or alterations made by others (including Purchaser) except those repairs or alterations made with its specific written consent. (b) Special Provisions for Warranty of Technical Representative Services and Technical Supervisor Services. Notwithstanding the foregoing, the following provisions shall apply to the warranty as it relates to Technical Representative Services and Technical Supervisor Services where FM is supervising or consulting on work performed by Purchaser or a third party ( Technical Representative Services and Technical Supervisor Services ). Purchaser acknowledges that the scope of FM s Technical Representative Services and Technical Supervisor Services is limited to the explicit requirements provided by FM and generally include the following: (i) consulting with and responding to questions from Purchaser, (ii) notifying Purchaser of any material failure to follow written instructions or written materials provided by FM that is observed by FM s technician, (iii) notifying Purchaser of any failure to follow oral instructions provided by FM s technician that the technician becomes aware of, and (v) performing the agreed test procedures and providing the results to Purchaser. Given the limited scope of Technical Representative Services and Technical Supervisor Services, FM s exclusive warranty regarding such services shall be limited to warranty that: (i) its technician s written and oral responses or instructions are in accordance with FM s written manuals, guidelines and instructions and are otherwise consistent with industry standards, and (ii) its technician promptly notified Purchaser of any deficiency or failure that he or she observed consistent with the scope identified in (ii) and (iii) above. Except for the foregoing modified scope of warranty for Technical Representative Services and Technical Supervisor Services, the remaining provisions of Section 4(a) shall apply, including the 90-day limit on warranty claims, the exclusive remedies and exclusions. For the avoidance of doubt, FM shall not be responsible for errors in erection, installation or commissioning that is not performed by FM except to the extent associated with a breach of the limited warranty on Technical Representative Services and Technical Supervisor Services above. 5. Limitation of Liability. IN NO EVENT SHALL FM BE LIABLE FOR SPECIAL, INDIRECT, COLLATERAL OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF POWER OR PRODUCTION, VESSEL DOWNTIME OR DELAYS, DRY DOCK EXPENSES, OR FOR LOST CHARTERS OR ALTERNATE TONNAGE OR SUBSTITUTE TOWS OR LOSS OF PROFITS. THE REMEDIES OF PURCHASER AS SET FORTH HEREIN, ARE EXCLUSIVE. THE LIABILITY OF FM, ON ANY CLAIM OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE OR OTHERWISE, FOR ANY LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THIS CONTRACT, OR FROM THE PERFORMANCE OR BREACH THEREOF, OR FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR OR USE OF ANY EQUIPMENT COVERED BY OR FURNISHED UNDER THIS CONTRACT SHALL IN NO CASE EXCEED THE AMOUNT PAID TO FM BY PURCHASER UNDER THIS CONTRACT FOR THE SERVICES GIVING RISE TO SUCH LIABILITY, AND UPON EXPIRATION OF THE WARRANTY PERIOD ALL SUCH LIABILITY SHALL TERMINATE. THE FOREGOING SHALL CONSTITUTE THE SOLE LIABILITY OF FM. PURCHASER AGREES TO Agenda Packet P. 81

82 Fairbanks Morse Engine Standard Services Terms and Conditions INDEMNIFY AND HOLD HARMLESS FM FROM ALL CLAIMS BY THIRD PARTIES WHICH EXTEND BEYOND THE FOREGOING LIMITATIONS OF FM S LIABILITY. THE IMMEDIATELY PRIOR SENTENCE SHALL NOT EXTEND TO THIRD-PARTY CLAIMS FOR PERSONAL INJURIES OR PROPERTY DAMAGE TO THE EXTENT CAUSED BY FME. 6. Laches. Failure of FM to exercise any right or remedy under these Terms shall not be deemed a waiver of such right, nor shall any lien or other right of FM be lost or impaired by laches or in any manner or by any act of failure to act except by payment in full to FM. 7. Choice of Law; Arbitration. It is expressly agreed and understood that these Terms shall be governed by and interpreted under the laws of the State of North Carolina, U.S.A. Any dispute arising out of or related to this Agreement shall be subject to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by such arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in English language in Charlotte, North Carolina. The award of the arbitrators will be accompanied by a statement of the reasons upon which the award is based Agenda Packet P. 82

83 2017 Fairbanks Morse Engine Standard Services Terms and Conditions Fairbanks Morse, LLC ( FM ) will invoice customer ( Purchaser ) for standard services in accordance with the following Service Rates, Billing Terms and Conditions and General Term and Conditions (collectively, the Terms ). Unless otherwise expressly agreed by the parties in writing, the Terms shall apply to all services provided by FM to Purchaser and such Terms are subject to change without prior notice. Any sale by FM of engines, parts or other goods shall be subject to FM s standard sales terms and conditions of sale of parts or equipment, as applicable. Notwithstanding the foregoing, any goods and services sold for use at or in connection with a Nuclear Facility or Nuclear Installation shall be subject to FAIRBANKS MORSE ENGINE 2017 STANDARD TERMS AND CONDITIONS (NUCLEAR). SERVICE RATES Service Level Provider Standard Hourly Rate (Weekday) Overtime Hourly Rate (Weekday) Overtime Hourly Rate (Weekend/Holiday) Mechanic $132 $200 $289 Field Service Technician $173 $260 $375 Technical Representative $240 $361 $514 Technical Supervisor $292 $437 $505 Analytical Engineer $435 $652 $932 BILLING TERMS AND CONDITIONS A. Weekday Standard hours are defined as Monday to Friday with an 8-hour shift. B. Weekday Overtime hours are defined as Monday to Friday exceeding an 8-hour shift. C. Weekend hours are defined as all hours on Saturday or Sunday. D. Holiday hours for 2017 are defined as all hours on January 2, April 14, May 29, July 3-4, September 4, November 23-24, December & E. Minimum charge and standby time is four (4) hours (local FME Service Center geographical area) and eight (8) hours (away from local FME Service Center geographical area) at quoted service rates, set forth above. F. Travel, lodging, per diem and transportation are invoiced at cost plus 15%. G. Travel Time is invoiced at a rate of $132.00/hour. H. Per Diem will be charged at $60 per day or in accordance with Joint-Travel Regulation (JTR), if applicable. I. Mileage will be charged at $0.75 per mile or in accordance with Joint-Travel Regulation (JTR), if applicable. J. Minimum charge for on-site Analytical Engineer is two (2) 12-hour-working days at service rates set forth above. K. Stand-by time is defined as time where FM service personnel are available to work, but Purchaser requests that FM service personnel not initiate or perform work. L. Travel time is defined as the actual time where FM service personnel is en route to/from work site. M. Purchaser-furnished lodging accommodations must meet FM standards. FM reserves the right to accept the accommodations or arrange separate accommodations and invoice Purchaser reasonable amounts therefor. Purchaser assumes all charges related with travel time associated with new accommodations to work site. N. For service extending at least 30 calendar days, FM reserves the right to relieve and replace existing service personnel. O. Unless otherwise agreed in writing, Purchaser shall furnish all materials, supplies, utilities, tools as may be required by FM service personnel to perform agreed upon service work, at agreed upon work site Agenda Packet P. 83

84 Fairbanks Morse Engine Standard Services Terms and Conditions P. Purchaser warrants that all furnished materials, supplies, utilities and tools are in acceptable working condition to perform service work and require acceptance of FM service personnel. Any delays due to condition of Purchaser-furnished materials, supplies, utilities, and tools are charged at the applicable service rates. Q. Purchaser may not share FM s Service Rates with a third party without FM s prior written consent. R. Purchaser s order will not be subject to cancellation or deferment of scheduled start date without FM s written consent. Upon written cancellation request by Purchaser, service order will be subject to a 25% fee based on the value of the estimate or proposal, or $1,500.00, whichever is greater. If Purchaser requests cancellation less than thirty (30) days prior to the date on which work from Company is scheduled to commence, the order will be subject to a 50% fee based on the value of the estimate or proposal, or $5,000.00, whichever is greater. Special items, tooling or subcontractors charges will be charged at proposed rates plus 25%. S. Purchaser shall reimburse FM for any sales, use, value-added, occupation, excise or other tax arising out of the provision of services hereunder or shall provide FM with a tax exemption certificate acceptable to the appropriate taxing authorities. T. Unless otherwise agreed upon in writing, terms of payment are cash, in United States Dollars, in full, within thirty (30) days from date of shipment. A service charge for late payment may be assessed at an interest rate of 1.5% per month (or such other rate allowable by law). All orders are subject to the approval of FM s Credit Department and FM may require full or partial payment in advance. GENERAL TERMS AND CONDITIONS 1. Acknowledgement and Acceptance. Unless specifically set forth and agreed to in writing by FM, all articles and services are sold under these Terms only. Any other rates, terms or conditions, including any set forth on Purchaser s purchase order or other document, unless specifically set forth and agreed to in writing by FM, are rejected and shall be deemed inapplicable notwithstanding any provisions in the Purchaser s purchase order or other document to the contrary. In the event Purchaser accepts any articles or services, such performance by Purchaser shall be deemed to be upon all the terms and conditions contained herein. 2. Delivery. Except as may be specifically set forth and agreed to in writing by FM, delivery will be F.O.B. point of shipment. Shipping or service dates are estimates which are not guaranteed and are based upon prompt receipt of all necessary information. 3. Force Majeure. FM shall in no event be liable for delays or failure to perform caused by fire, acts of God, strikes, labor difficulties, acts of governmental or military authority, delays in transportation or in procuring materials or any other event beyond FM s control. 4. Warranty. (a) General. FM warrants to Purchaser that the performance of the services provided hereunder shall be performed in a professional and workmanlike manner. FM further warrants that, to the extent applicable, all services shall be performed in accordance with the written specifications agreed between the parties, if any. Any claim for breach of warranty must be made within 90 days after completion of the service and FM shall have no liability for claims made after such 90-day period. FM s exclusive remedy for warranty claims hereunder shall be: (i) reperformance or rectifying the defective service, or (ii) refund of the price paid for the service at FM s sole discretion. THESE ARE FM S ONLY WARRANTIES. FM MAKES NO OTHER WARRANTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. As a condition to FM s obligations hereunder for breach of warranty, Purchaser shall offer its reasonable cooperation and assist FM in the Agenda Packet P. 84

85 Fairbanks Morse Engine Standard Services Terms and Conditions course of FM s review of any warranty claim. Anything contained herein to the contrary notwithstanding, in no event shall FM be liable for breach of warranty or otherwise in any manner whatsoever for: (i) normal wear and tear; (ii) corrosion, abrasion or erosion; (iii) any goods, components, parts, software or services which, following delivery or performance by FM, has been subjected to accident, abuse, misapplication, modification, improper repair, alteration, improper installation or maintenance, neglect, or excessive operating conditions; (iv) defects resulting from Purchaser s specifications or designs or those of its contractors or subcontractors other than FM; (v) defects associated with consumable parts or materials, the lifetime of which is shorter than the warranty period set forth in this Section; (vi) defects associated with Purchaser s specifications or designs or those of its contractors or subcontractors other than FM; (vii) defects resulting from the manufacture, distribution, promotion or sale of Purchaser s own products; (viii) accessories of any kind used by the Purchaser which are not manufactured by or approved by FM or (ix) the cost of any repairs or alterations made by others (including Purchaser) except those repairs or alterations made with its specific written consent. (b) Special Provisions for Warranty of Technical Representative Services and Technical Supervisor Services. Notwithstanding the foregoing, the following provisions shall apply to the warranty as it relates to Technical Representative Services and Technical Supervisor Services where FM is supervising or consulting on work performed by Purchaser or a third party ( Technical Representative Services and Technical Supervisor Services ). Purchaser acknowledges that the scope of FM s Technical Representative Services and Technical Supervisor Services is limited to the explicit requirements provided by FM and generally include the following: (i) consulting with and responding to questions from Purchaser, (ii) notifying Purchaser of any material failure to follow written instructions or written materials provided by FM that is observed by FM s technician, (iii) notifying Purchaser of any failure to follow oral instructions provided by FM s technician that the technician becomes aware of, and (v) performing the agreed test procedures and providing the results to Purchaser. Given the limited scope of Technical Representative Services and Technical Supervisor Services, FM s exclusive warranty regarding such services shall be limited to warranty that: (i) its technician s written and oral responses or instructions are in accordance with FM s written manuals, guidelines and instructions and are otherwise consistent with industry standards, and (ii) its technician promptly notified Purchaser of any deficiency or failure that he or she observed consistent with the scope identified in (ii) and (iii) above. Except for the foregoing modified scope of warranty for Technical Representative Services and Technical Supervisor Services, the remaining provisions of Section 4(a) shall apply, including the 90-day limit on warranty claims, the exclusive remedies and exclusions. For the avoidance of doubt, FM shall not be responsible for errors in erection, installation or commissioning that is not performed by FM except to the extent associated with a breach of the limited warranty on Technical Representative Services and Technical Supervisor Services above. 5. Limitation of Liability. IN NO EVENT SHALL FM BE LIABLE FOR SPECIAL, INDIRECT, COLLATERAL OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF POWER OR PRODUCTION, VESSEL DOWNTIME OR DELAYS, DRY DOCK EXPENSES, OR FOR LOST CHARTERS OR ALTERNATE TONNAGE OR SUBSTITUTE TOWS OR LOSS OF PROFITS. THE REMEDIES OF PURCHASER AS SET FORTH HEREIN, ARE EXCLUSIVE. THE LIABILITY OF FM, ON ANY CLAIM OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE OR OTHERWISE, FOR ANY LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THIS CONTRACT, OR FROM THE PERFORMANCE OR BREACH THEREOF, OR FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR OR USE OF ANY EQUIPMENT COVERED BY OR FURNISHED UNDER THIS CONTRACT SHALL IN NO CASE EXCEED THE AMOUNT PAID TO FM BY PURCHASER UNDER THIS CONTRACT FOR THE SERVICES GIVING RISE TO SUCH LIABILITY, AND UPON EXPIRATION OF THE WARRANTY PERIOD ALL SUCH LIABILITY SHALL TERMINATE. THE FOREGOING SHALL CONSTITUTE THE SOLE LIABILITY OF FM. PURCHASER AGREES TO Agenda Packet P. 85

86 Fairbanks Morse Engine Standard Services Terms and Conditions INDEMNIFY AND HOLD HARMLESS FM FROM ALL CLAIMS BY THIRD PARTIES WHICH EXTEND BEYOND THE FOREGOING LIMITATIONS OF FM S LIABILITY. THE IMMEDIATELY PRIOR SENTENCE SHALL NOT EXTEND TO THIRD-PARTY CLAIMS FOR PERSONAL INJURIES OR PROPERTY DAMAGE TO THE EXTENT CAUSED BY FME. 6. Laches. Failure of FM to exercise any right or remedy under these Terms shall not be deemed a waiver of such right, nor shall any lien or other right of FM be lost or impaired by laches or in any manner or by any act of failure to act except by payment in full to FM. 7. Choice of Law; Arbitration. It is expressly agreed and understood that these Terms shall be governed by and interpreted under the laws of the State of North Carolina, U.S.A. Any dispute arising out of or related to this Agreement shall be subject to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by such arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in English language in Charlotte, North Carolina. The award of the arbitrators will be accompanied by a statement of the reasons upon which the award is based Agenda Packet P. 86