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08/18/2014/�� ,1 CITY OF Ss �1% DES PLAINES ILLINOIS City Council Agenda Monday, August 18, 2014 Executive Session — 6:30 p.m. Regular Session — 7:00 p.m. Room 102 CALL TO ORDER EXECUTIVE SESSION PENDING LITIGATION REGULAR SESSION ROLL CALL PRAYER PLEDGE OF ALLEGIANCE PRESENTATION CITY CLERK LUDWIG - MASTER MUNICIPAL CLERK CERTIFICATION CITIZEN PARTICIPATION (matters not on the Agenda) CITY CLERK ANNOUNCEMENTS ALDERMEN ANNOUNCEMENTS DRAFT: 8/11/2014 2:43 PM Monday, August 18., 2014 City of Des Plaines City Council Agenda Page 12 CONSENT AGENDA: 1. Minutes/Regular Meeting — August 4, 2014 2. Award Bid for Five (5) Patient Care Reporting Laptops for the Fire Department to CDS Office Technologies, 1271 Hamilton Parkway, Itasca, Illinois 60143 in the Amount of $20,250.00. Budgeted Funds —IT Replacement Fund/Computer Hardware 2a. RESOLUTION R-161-14/Replacement of Patient Care Reporting Laptops for Fire Department 3. Approve Proposal from Total Parking Solutions, Inc., 2721 Curtiss Street, Downers Grove, Illinois 60515 in the Amount of $14,088.00 to Purchase a Cale Multi -Space Pay Station. Source of Funding — TIF #1 Equipment Fund - $13,248/TIF #1 Miscellaneous Contractual Services - $840. 3a. RESOLUTION R-162-14/Multi-Space Pay Station Purchase 4. Approve Proposal from Christopher B. Burke Engineering, Ltd., 9575 West Higgins Road, Suite 600, Rosemont, Illinois 60018 in the Amount of $69,500 for Professional Engineering Services Related to the Fargo Relief Sewer. Contract will be Task Order No. 7 to Master Agreement with CBBEL. Source of Funding — Capital Projects Fund. 4a. RESOLUTION R-163-14/CBBEL Task Order No. 7 to Master Agreement — Fargo Relief Sewer 5. Approve Proposal from Civiltech Engineering, Inc., 450 East Devon Avenue, Suite 300, Itasca, Illinois 60143 in the Amount of $273,481.85 for Design Engineering Services of the Rand Road Sidepath Project for Phases I & II. Source of Funding — Capital Projects Fund. 5a. RESOLUTION R-164-14/Design Engineering Services of Rand Road Sidepath Project 6. Approve Revocable License Agreement with Comcast of Illinois XI, LLC, 1500 McConnor Parkway, Suite 200, Schaumburg, Illinois 60173 for the Installation of CATV Cable from 701 Lee Street to 1501 Ellinwood Street. 6a. RESOLUTION R-165-14/Comcast Installation of CATV Cable Agreement 7. Approve Wireless Lease Agreement with SBC Tower Holdings, LLC Regarding a Wireless Service Facility at 1099/1111 Joseph Schwab Road 7a. RESOLUTION R-169-14/SBC Tower Holdings Wireless Lease Agreement 8. SECOND READING — M-27-14/Class B Bulk Sales Liquor License for R&R Liquors, Inc. END OF CONSENT AGENDA DRAFT: 8/11/2014 2:43 PM Monday, August 18, 2014 City of Des Plaines City Council Agenda a 13 COMMITTEE OF THE WHOLE 1. FINANCE & ADMINISTRATION — Alderman Dick Sayad, Chair a. Warrant Register in the Amount of $3,342,944.98 — RESOLUTION R-166-14 b. 2013 Audit Presentation and State of the Finances 2. COMMUNITY DEVELOPMENT — Alderman Mark Walsten, Chair a. Business Assistance Program Application for Forever Yogurt, 1512 Market Street — RESOLUTION R-167-14 b. Business Assistance Program Application for The Local, 1501 Miner Street @ Downtown Train Station — RESOLUTION R-168-14 c. Consideration of Major Variance Request for an Accessory Structure, 1784 Forest Avenue, Case #14- 040-V 3. PUBLIC SAFETY — Alderman Patricia Haugeberg, Chair a. Discussion of Board of Fire & Police Commissioners Rules & Regulations IF NO ACTION IS TAKEN UNDER NEW BUSINESS, THESE ITEMS WILL APPEAR ON THE SEPTEMBER 2, 2014 CONSENT AGENDA OR UNFINISHED BUSINESS. IF IT IS NECESSARY TO TAKE ACTION ON ANY OF THESE ITEMS THIS EVENING, THEY MUST BE REPORTED OUT BY THE COMMITTEE CHAIRMAN UNDER "NEW BUSINESS" UNFINISHED BUSINESS 1. SECOND READING M-28-14/Approve Ordinance Authorizing the Issuance of General Obligation Refunding Bonds, Series 2014 of the City of Des Plaines, IL and Providing for the Redemption of Outstanding Bonds of the City NEW BUSINESS 1. a. RESOLUTION R-166-14/Warrant Register in the Amount of $3,342,944.98 2. a. RESOLUTION R-167-14/Approve Business Assistance Program Application for Forever Yogurt, 1512 Market Street b. RESOLUTION R-168-14/Approve Business Assistance Program Application for The Local, 1501 Miner Street c. Consideration of Major Variance Request for an Accessory Structure, 1784 Forest Avenue, Case #14-040-V DRAFT: 8/11/2014 2:43 PM Monday, August 18, 2014 MANAGER'S REPORT ALDERMEN COMMENTS MAYORAL COMMENTS ADJOURNMENT City of Des Plaines City Council Agenda P a 2 e 14 City of Des Plaines. in compliance with the Americans With Disabilities Act. requests that persons with disabilities. who require certain accommodations to allow them to observe and/or participate in the meetings) or have questions about the accessibility of the meeting(s) or facilities. contact the ADA Coordinator at 391-5486 to allow the City to make reasonable accommodations for these persons. DRAFT: 8/11/2014 2:43 PM PRESENTATION CITY Of DES PLAINES ILLINOIS Date: July 28, 2014 To: From: Gloria Ludwig, City Clerk Subject: Presentation Mayor Matt Bogusz Aldermen City Manager Director of Media Services PRESENTATION City of Des Plaines Office of the City Clerk 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5311 Fax: 847-391-5439 At the beginning of the August 18, 2014 City Council meeting, a plaque and pin will be presented to me by Kittle Kopitke, Village Clerk of Streamwood, Past President of the Municipal Clerks of Illinois and Past Region VII Director of the International Institute of Municipal Clerks for having achieved certification as Master Municipal Clerk. Consent Agenda Item # 1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, AUGUST 4, 2014 CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was ORDER: called to order by Mayor Bogusz at 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, August 4, 2014. ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Brookman, Walsten, Sojka and Charewicz. Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski, Director of Community and Economic Development Sakas, Fire Chief Wax, Police Chief Kushner, Superintendent — Utility Services Watkins, Associate Planner Yu and City Attorney Friedman. PRAYER AND The opening prayer was given by City Clerk Ludwig, followed by the Pledge of PLEDGE: Allegiance to the Flag. PUBLIC MINUTES OF THE PUBLIC HEARING HELD IN THE HEARING/ ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, CDBG ANNUAL DES PLAINES CIVIC CENTER, MONDAY, AUGUST 4, 2014 ACTION PLAN: Mayor Bogusz called the Public Hearing to order at 7:01 p.m. The Public Hearing was being held pursuant to legal notice (published in the local newspaper on June 25, 2014) to discuss the Program Year 2014 (PY2014) Community Development Block Grant Annual Action Plan. DISCUSSION: Associate Planner Yu addressed the City Council reviewing his Memorandum of July 24, 2014 which explained the Annual Action Plan that the City must submit to the U.S. Department of Housing and Urban Development (HUD) in order to receive $283,919.00 in Community Development Block Grant (CDBG) funding to assist low- and moderate -income residents. Mayor Bogusz asked for comments from the aldermen and the public. There were no comments. Final action on this matter will be taken under Items 7 and 7a on the Consent Agenda this evening. The Public Hearing was adjourned at 7:03 p.m. The City Council reconvened at 7:04 p.m. CITIZEN Ms. Miriam Feyer, Human Resources Manager of DO & CO, addressed the PARTICIPATION: City Council announcing job opportunities. CITIZEN PART.: (Cont'd) CONSENT AGENDA: MINUTES: MINUTES: Consent Agenda APPROVE NEW CLASS B BULK SALES LIQ. LIC./ 1572 RAND RD.: Consent Page 2 of 7 8/4/14 Mr. Michael St. Pierre, new General Manager for River Casino, addressed the City Council introducing himself and giving his contact information. Ms. Sheri Caine, Executive Director of the History Center, addressed the City Council giving a report on the fundraising efforts for 2014 and upcoming events. Ms. Denise Carrera, 555 North Mt. Prospect Road, addressed the City Council stating her concerns regarding the Safe Routes to School plan and, in particular, safety issues on Wolf Road. Motion by Sayad, seconded by Rodd, to establish the Consent Agenda except for Items 1, 10 and 10a. Motion declared carried. Motion by Walsten, seconded by Robinson, to approve Consent Agenda. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Sojka, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinance M-27-14 was placed on First Reading; Resolutions R-151-14, R- 152-14, R-153-14, R-154-14, R-155-14, R-157-14 and R-159-14 were adopted; Ordinances Z-17-14, Z-19-14 and Z-20-14 were adopted. Alderman Rodd requested that this Item be removed from Consent Agenda. Alderman Rodd referred to page 7 regarding Municipal Electric Aggregation. The answer from General Counsel Friedman was transposed. It should read: "General Counsel Friedman stated that it would be binding if the residents voted not to pass the referendum, and that it would not be binding if the residents voted in favor of the referendum." Moved by Rodd, seconded by Sayad, to approve minutes of the Regular Meeting of the City Council held July 21, 2014, as Amended. Motion declared carried. Moved by Walsten, seconded by Robinson, to approve minutes of the Executive Session of the City Council held July 21, 2014. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Robinson, to concur with Staff recommendation to place on First Reading Ordinance M-27-14, AN ORDINANCE AMENDING SECTION 1, "SCHEDULE OF FEES," OF TITLE 4, `BUSINESS REGULATIONS," OF THE CITY CODE TO ADD ONE CLASS B LIQUOR LICENSE. Motion declared carried as approved AY Agenda Ordinance M-27-14 PURCHASE/ VEHICLE/ POLICE DEPT.: Consent Agenda Resolution R-151-14 AWARD BID/ WATER TANK REHAB./ 877 CENTRAL RD.: Consent Agenda Resolution R-152-14 APPROVE CONSTR. ENG. SVCS./ 877 CENTRAL RD.: Consent Agenda Resolution R-153-14 CDBG PROGRAM YEAR 2014 ANNUAL ACTION PLAN: Consent Agenda Resolution R-154-14 APPROVE/ SUPPL. FINANCIAL Page 3 of 7 8/4/14 unanimously under Consent Agenda. Moved by Walsten, seconded by Robinson, to concur with Staff recommendation to approve purchase of one (1) Ford Police Interceptor Utility AWD through the Northwest Municipal Conference from Currie Motors, 9423 West Lincoln Highway, Frankfort, Illinois 60421, in the amount not to exceed $27,230.00 (Asset Forfeiture Funds); and further recommend to adopt Resolution R-151-14, A RESOLUTION AUTHORIZING THE PURCHASE OF ONE 2014 FORD UTILITY POLICE INTERCEPTOR VEHICLE FROM CURRIE MOTORS OF FRANKFORT, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Robinson, to concur with Staff recommendation to approve the Central Road Water Tank Rehabilitation contract with DN Tanks, Inc., 11 Teal Road, Wakefield, Massachusetts 01880, in the amount of $324,850.00 (Water Fund, Improvements); and further recommend to adopt Resolution R-152-14, A RESOLUTION APPROVING A CONTRACT WITH DN TANKS, INC., FOR THE REHABILITATION OF THE CENTRAL ROAD WATER TANK. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Robinson, to concur with Staff recommendation to approve the contract from Dixon Engineering, Inc., 9415 West Forest Home, Suite 208, Hales Corners, Wisconsin, in the amount of $24,875.00 (Water Fund, Professional Services); and further recommend to adopt Resolution R-153-14, A RESOLUTION APPROVING AN AGREEMENT WITH DIXON ENGINEERING, INC., FOR CONSTRUCTION ENGINEERING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Robinson, to concur with Staff recommendation to approve submission of the Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD) in order to receive $283,919.00 in Community Block Grant (CDBG) funding to assist low- and moderate -income residents for Program Year 2014 (PY2014) beginning October 1, 2014 and ending on September 30, 2015; and further recommend to adopt Resolution R-154-14, A RESOLUTION APPROVING THE CITY OF DES PLAINES COMMUNICATY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2014 ANNUAL ACTION PLAN. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Robinson, to concur with Staff recommendation to approve Supplemental Financial Services Agreement with Speer Financial, Inc., Chicago, Illinois; and further recommend to adopt SVCS.: Consent Agenda Resolution R-155-14 AWARD BID/ CRACK SEALING: Consent Agenda Resolution R-157-14 APPROVE AMENDMENTS/ CH. VU RULES AND REG'S./ BD. OF FIRE/POLICE: Resolution R-158-14 ADVERTISE FOR BID/ 2014 WATER SYSTEM LEAK DETECTION PROJECT: Consent Agenda ADVERTISE FOR BID/ REPAIRS ALGONQUIN RD. BRIDGE: Consent Agenda APPROVE INTERGOV. Page 4 of 7 8/4/14 Resolution R-155-14, A RESOLUTION APPROVING AN AGREEMENT WITH SPEER FINANCIAL, INC., FOR FINANCIAL ADVISOR SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Robinson, to concur with Staff recommendation, in the best interest of the City, that the bid from Patriot Pavement Maintenance, Inc. be rejected and that the City award the crack sealing contract to Behm Pavement Maintenance, Inc., 3010 Route 176, Crystal Lake, Illinois 60014 in the amount of $30,000.00 (Motor Fuel Tax Funds); and further recommend to adopt Resolution R-157-14, A RESOLUTION APPROVING A CONTRACT WITH BEHM PAVEMENT MAINTENANCE, INC. FOR THE SEALING OF CRACKS ON VARIOUS ROADS WITH THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Alderman Brookman requested that this Item be removed from Consent Agenda. Fire Chief Wax, Board Commissioner Lester and General Counsel Friedman answered questions from the Aldermen. Moved by Walsten, seconded by Sojka, to approve the Board of Fire and Police Commission's amendment to its Rules and Regulations, which amendment provides compliance by the City with the new State law; and adopt Resolution R-158-14, A RESOLUTION APPROVING AMENDMENTS TO THE RULES AND REGULATIONS OF THE BOARD OF FIRE AND POLICE COMMISSIONERS OF THE CITY OF DES PLAINES, ILLINOIS. Motion declared carried. Moved by Walsten, seconded by Robinson, to authorize the City Clerk to advertise for bid the 2014 Water System Leak Detection project with a bid opening date of August 20, 2014 at 10:00 a.m. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Robinson, to authorize the City Clerk to advertise for bid the Algonquin Road Bridge Repairs with a bid opening date of August 20, 2014 at 10:00 a.m. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Robinson, to approve Intergovermnental Agreement between the City of Des Plaines, Maine Township High Schoo AGR./ SCHOOL DISTRICTS 207 AND 62/ TIF: Consent Agenda Resolution R-159-14 ORDINANCE Z-17-14 CITYWIDE TEXT AMENDMENT/ WALL SIGN VISABLE FROM AN INTERSTATE HIGHWAY: Consent Agenda ORDINANCE Z-19-14 MAJOR SIGN VARIATION FOR ELECTRONIC MESSAGE BOARD/ 680 N. WOLF RD.: Consent Agenda ORDINANCE Z-20-14 MAJOR SIGN VARIATION FOR WALL SIGNS/ 1382 PRAIRIE AVE. Consent Agenda WARRANT Page 5 of 7 8/4/14 District Number 207, and Des Plaines Community Consolidated School District Number 62; and adopt Resolution R-159-14, A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MAINE TOWNSHIP HIGH SCHOOL DISTRICT NO. 207 AND DES PLAINES COMMUNITY CONSOLIDATED SCHOOL DISTRICT NO. 62 REGARDING TAX INCREMENT FINANCING. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Robinson, to adopt Ordinance Z-17-14, AN ORDINANCE AMENDING THE TEXT OF THE CITY ZONING ORDINANCE REGARDING WALL SIGNAGE FOR PROPERTIES ADJACENT TO AN INTERSTATE HIGHWAY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Robinson, to adopt Ordinance Z-19-14, AN ORDINANCE APPROVING A MAJOR VARIATION FROM SECTION 11.6.B OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT AN ELECTRONIC MESSAGE BOARD SIGN (LED PRICING) WITHIN 250 FEET OF RESIDENCES AND A 108 SQUARE FOOT POLE SIGN AT 680 N. WOLF ROAD, DES PLAINES, ILLINOIS (CASE #14-031- V). Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Robinson, to adopt Ordinance Z-20-14, AN ORDINANCE APPROVING A MAJOR VARIATION FROM SECTION 11.6.B OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT TWO WALL SIGNS ON NON -STREET FACING FACADES AT 1382 PRAIRIE AVENUE, DES PLAINES, ILLINOIS (CASE #14-034-V). Motion declared carried as approved unanimously under Consent Agenda. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION Alderman Sayad, Chair Moved by Charewicz, seconded by Walsten, to recommend to the City Council REGISTER: GENERAL OBLIGATION BONDS/ 2014: DISCUSSION ON EMPLOYEE TAKE-HOME VEHICLES: DISCUSSION/ BUSINESS ASSISTANCE PROGRAM/ METRA TRAIN STA./ COFFEE SHOP: UNFINISHED BUSINESS: NEW BUSINESS: WARRANT REGISTER: Page 6 of 7 8/4/14 approval of the August 4, 2014 — Warrant Register, in the total amount of $4,480,544.55; and further recommend that Resolution R-156-14 be adopted at appropriate time this evening. Motion declared carried. Assistant City Manager/Director of Finance Wisniewski reviewed her Memorandum dated July 22, 2014 regarding the issuance of 2014 General Obligation Refunding Bonds and providing for the redemption of the Outstanding Bonds and answered questions from the Aldermen. It was the consensus of the Committee of the Whole to recommend to the City Council approval of the Ordinance authorizing the issuance of General Obligation Refunding Bonds, Series 2014A and Series 2014B and providing for the redemption of outstanding G.O. Bonds, Series 2005D (Sewer Portion). Alderman Sayad announced that the decision on this matter is the City Manager's; he is removing this topic from the Finance and Administration Committee. COMMUNITY DEVELOPMENT — Alderman Walsten, Vice Chair Director of Community and Economic Development Sakas reviewed his Memorandum dated July 22, 2014 regarding The Local Coffee Tea and Sweets, LLC's application for a Business Assistance Interior Build -Out Program. A discussion was had regarding the application and accompanying documents. Director Sakas answered questions from the Aldermen. Assistant City Manager/Director of Finance Wisniewski answered questions from the Aldermen. MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Following discussion, moved by Brookman, seconded by Sayad, to TABLE Resolution R-92-14, a Resolution approving Hearing Officer Agreement with Christopher B. Cohen as Administrative Hearing Officer. Upon roll call, the vote was: AYES: 6-Haugeberg, Robinson, Sayad Brookman, Walsten, Charewicz NAYS: 2 -Rodd, Sojka ABSENT: 0 -None Motion declared carried. Moved by Sayad, seconded by Sojka, to concur with recommendation of Committee of the Whole to adopt Resolution R-156-14, BE IT RESOLVED 13Y THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT T Resolution R-156-14 GENERAL OBLIGATION BONDS/ 2014: Ordinance M-28-14 Page 7 of 7 8/4/14 FOLLOWING BILLS ARE DUE AND PAYABLE MAYOR AND CITY CLERK BE AND ARE HEREBY MAKE PAYMENT FOR SAME. Total: $4,480,544.55. vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Sojka, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. AND THAT THE AUTHORIZED TO Upon roll call, the Moved by Sayad, seconded by Robinson, to concur with recommendation of Committee of the Whole to place on First Reading Ordinance M-28-14, AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS OF 2014 OF THE CITY OF DES PLAINES, ILLINOIS AND PROVIDING FOR THE REDEMPTION OF OUTSTANDING BONDS OF THE CITY. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Sojka, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. ADJOURNMENT: Moved by Sayad, seconded by Rodd, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:41 p.m. Ciit Gloria Rudwig— CI CLERK APPROVED BY ME THIS DAY OF , 2014 Matthew J. Bogusz, MAYOR • DES PLA ES LUNO S Consent Agenda Items # 2 & 2a City of Des Plaines Information Technology Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5390 Fax: 847-391-5619 MEMORANDUM Date: August 7, 2014 To: Michael G. Bartholomew, City Manager From: Romeo Sora, Director of Information Technology Subject: Fire Department Patient Care Reporting Computers Issue: For the City Council to approve the purchase of Panasonic's CF19 "toughbook" laptops per the CMS Contract, and as quoted by CDS Office Technologies, a State of IL Master Contract holder. Analysis: The City of Des Plaines Fire Department presently utilizes Panasonic's CF19 "toughbook" laptops for Patient Care Reporting (PCR). The current PCR laptops are older, and should be replaced with newer Panasonic CF19 laptops, which are built with newer technology. These PCR laptops are in all of the Fire department's ambulances, and are carried in and out of hospitals for report writing. Also, these devices are carried to and from emergency scenes so documentation can be initiated in the field, and release forms can be obtained electronically from patients refusing medical treatment or transport. Recommendation: I recommend replacing five of the older PCR Panasonic CF19 laptops with newer Panasonic CF19 laptops for an amount not to exceed $20,250. These devices are built on current technology platforms with enhanced features such as increased processor speeds, larger memory, and hard drive space. The purchases will be funded from the budgeted IT Replacement, Computer Hardware Account (420- 00-000-0000-8005). Attachments: Resolution R-161-14 Exhibit A — CMS Contract Amendment D h:\agenda\resolutions (for cm agenda nems)\ 20141 memorandum - fire department cfl 9 docx Page 1 of 12 CITY OF DES PLAINES RESOLUTION R - 161 - 14 A RESOLUTION AUTHORIZING THE PURCHASE OF PATIENT CARE REPORTING LAPTOPS FROM CDS OFFICE TECHNOLOGIES WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorizes and encourages intergovernmental cooperation; and WHEREAS, the City has appropriated $25,000 in the IT Replacement, Computer Hardware Account for use by the Fire Department during the 2014 fiscal year for the purchase of five laptop computers and related equipment for use in the field ("Equipment"); and WHEREAS, the City is a member of the Illinois Central Management Services joint purchasing program ("CMS"), which typically ensures local government participants the best available price, quality of product, and terms of delivery; and WHEREAS, the City placed a joint purchasing requisition order from CMS for the purchase of the Equipment; and WHEREAS, CMS sought bids for the award of CMS Contract CMS8291640 for the procurement of the Equipment, and CDS Office Technologies, of Itasca, Illinois ("Vendor'), submitted the lowest competitive bid for the Equipment; and WHEREAS, City staff has determined that CMS's purchasing policies satisfy the City's competitive bidding requirements; and WHEREAS, sufficient funds have been appropriated to purchase the Equipment from Vendor; and WHEREAS, the City Council has determined that it is in the best interest of the City to purchase the Equipment from Vendor in the not -to -exceed amount of $20,250, in accordance with the CMS Contract CMS8291640; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. 1 Page 2 of 12 SECTION 2: APPROVAL OF PURCHASE. The City Council hereby approves the purchase by the City of the Equipment from Vendor in a total -not -to -exceed amount of $20,250. SECTION 3: AUTHORIZATION OF PURCHASE. The City Manager is hereby authorized and directed to execute such documents and make such payments, on behalf of the City, as are necessary to complete the purchase of the Equipment from Vendor in a total -not -to - exceed amount of $20,250, all in accordance with CMS Contract CMS8291640. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2014. APPROVED this day of , 2014. VOTE: AYES NAYS ABSENT MAYOR A 1-1'EST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel Legal\Res\201ADP-Resolution Approving Purchase of Laptops from CDS Technologies #31987122_v2 2 Page 3 of 12 AUG -10-2009 09:33 CDS-CONTRACTS P.01 JUL-28-2009 12:21 CDS-CONTRACTS AMENDMENT p.01 The undersigned AGENCY and VENDOR (the PARTIES) agree that the following shall amend the CONTRACT referenced herein. All terms and conditions set forth In the original contract, not amended herein, shall remain In full force and effect as written. In the event of conflict, the terms of this AMENDMENT shall prevail. 1. CONTRACT DESCRIPTION (including Original Purchase Order or Contract Number): Amend the Illinois Wireless Network Contract (CMS8291640) to add additional equipment that fails within the scope of the contract. 2. DESCRIPTION OF AMENDMENT (Check all that apply, complete blanks and explain as necessary): ❑ a. the completion date will be 0 extended, 0 shortened or ® remain the same. Original completion date Revised completion date: 0 b. the method of determining compensation (e.g., hourly rate, fixed fee, etc.) will ® stay the same or 0 change as follows: ❑ c. the cost will be 0 increased, 0 decreased or ® remain the same. Original cost Amount of charge: Revised cost: d. the supplies or services to be provided will 0 stay the same or ® be changed as follows: The attached list of equipment will be added to the contract. 3. EFFECTIVE DATE OF AMENDMENT: Amendment win be effective upon last signature on contract. 4. ATTACHMENTS AND INCORPORATIONS: Certifications Attached list of equipment 5. WHY IS CHANGE NEEDED? (Check all that apply and explain.) ❑ a. The circumstances said to necessitate the change in performance were not reasonably foreseeable at the time the contract was signed. ® b. The change is germane to the original contract as signed. ❑ c. The change order Is in the best interest of the State and authorized by law. Exhibit A Revision Date 4/10/2009 Page 4 of 12 AUG -10-2009 09:33 CDS-CONTRACTS JUL-28-2009 12:21 CDS-CONTRA 6. tftinEgglaugoigam F CHANGE? Secfon 1.2005 All other terms and conditions shall remain the same. P.02 P.02 IN WITNESS WHEREOF, the AGENCY and (he VENDOR have caused this AMENDMENT to be executed on the • dates shown below by representatives authorized to bind the respective PARTIES - VENDOR (Vendor Name) CDS Office Teohnotoalas STATE OF i) - , sre�� � (Agency Namee] L! Official Signature Printed Name Ronald S. Clark PointedName Title VP of Sates Date 07!28/09 7EUa �I CA .4 .tri" , r ; BA/0f Address 612 So. Dirksen Pkwy. Design Signature Sortngfield. (l, 62703 Printed Name CNl y Phone 217-753-6524 E-matl rclarkgkelipot.com Fax 217-7538536 Title rp,,.Tfroom, a Ma ., A -- i ME (HOAitY Paas O9 -g&194 Paint TiIIe 'TWIN rK mit Pinagroarl &Mod pa RfP. &wit mck I Address /OO (v. /f „ dot cd, phone 31 z' '%(o 7? 1 Fax E-mail t�ita, a° 1.... Ca -4,1/-4-41. 4,; $ L t ,.,els. Co,/ ROTPAT OFCOMMA FROVISMIS able , tie hiteketion DOW gutcabactor lietstfal 1iNtO Mel] Stibuctodareiszkani7Ybe❑ kot7 k xaaEtu oe CRAP/am Comptleto. rasa Comilsoce Assaf Coda* Obtaaws Eames Criarlaide 2 Exhibit A Rev ion Deb3 //x0,2009 Page 5 of 12 AUG -10-2009 09:33 CDS-CONTRACTS P.03 JUL-28-2009 12:21 CDS-CONTRACTS P.03 CERT IF!CATION ¢ LEGAL. ABILITY TO CONTRACT: Vendor =PA is under no legal prohibition on ca>fracting with lie State of Illinois, has no known conflicts of Interest sold further specifically certifies that 1. Venda, ffs arrployees and subcontractors via comply will provis ons of the U S Civil Rights Act, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 e4 seq.) and applicable rules In performance arida this Contract 2. Vendor is not In default on an educational loan (5 ILCS 38513). 3. Vendor (Ian individual, sole proprietor, or partner) has informed the director of the Agency in wiiVng fl hie was formerly employed by that agency and has received an early retirement incentive prior to 1993 under Section 14108.3 cr 16-133.3 of the lifulois Pension Code, 40 iCS 5114108.3 and 40 ILCS 5116133.$ and acknowledges that contracts made %About the appropriate fling wIIh the Audita General are not payable from the 'contractual services" or other appropriation line items. Vendor has not received an early retirement Incentive on or after 2002 under Section 14-108.3 or 16.133.3 of the L' i Pension Code, 40 ILCS 5114-108.3 and 40 LCS 5/16.1333, and ado ondges that contracts in violator! of Sedan 15a of tie State Finance Act are not payable from the "contractual services" or other appropdation fine items (30 ILCS 105/15a). 4. Vendor certifies (i) that it w(0 offer to assume the collective bargaining obligations of the prior employer, !minding any existing collective bargaining agreement with the bargaining representative of any existing collective bargaining unit or units performing substantially similar work to the services covered by the contract subject to its bid or offer, and (11) that it shall offer employment to all e �� tlyg� yed In any eidsthng bargaining unit performing substantially similar wok that will be performed under this contract (30 5. Vendor has not been oonvlcted of lvtxbtg or attempting to brtbe an officer or employee of the State of Illinois or any other State, nor has Vendor made an admission of guilt of such conduct that is a matter of record (30 ILCS 500150-5). 6. if Vendor has been convicted of a felony, at feast five years have passed after the date of comptefon of the sentence for such felony, unless no person held responslbda by a prosecutors office for the facts upon which the conviction was based eonbnues to have any involvement with the business (30 ILCS 500/50.10). 7. If Vendor, or any officer, director, partner, or other managerial agent of Vendor, has been convicted of a felony under the Sarbanes- Oxley Act of Z02, ora Class 3 or Class 2 felony under the Illinois Sexrrties Law of 1953, at least live years have passed since the date of the conviction. Vendor further certifies that it Isnot barred from bebig melded a bent and acknowledges that the State shall dedlare the Contract void if this certification is false (30 ILCS 500150-10.5). 8. Vendor and Its aftTiates are not delinquent In the payment of any debt tn the State (or if dotrquent has entered into a deferred payment plan to pay the debt), and Vendor and its affiliates acknowledge the State may declare the Contract void if this certifica5on is false (30 ILCS 500/50-11) ort Vendor a an attflate later becomes delinquent and has not entered into a deferred payment plan to pay off the debt (30 ILCS 6030150.60). 9. Vendor and all affiliates shall collect and remit flligois Use Tax on all sales of tangible personal property Into the State of Illinois in accordance with provisions of the Illinois Use Tax Act (3(1 ILCS 500150.12) and acknowledges that Notre to comply can result In the Contract being declared void. 10. Vendor certifies that it has not committed a willful or knoviing violation of the Environmental Protection Act (relating to Civil Penalties under the Environmental Protection Act) within the last five years, and is therefore not barred from being awarded a contract. If the State later determines that this certification was falsely made by the Vendor, the Vendor acknowledges that the State may declare the Contract void (30 ILCS 500150-14). 11. Venda has not paid any money or valuable thing to induce any person to refrain from biddb'rg on a State contract, nor has Vendor accepted any money or other valuabie thing, or acted upon the promise of same, for not bidding on a State contract (30 ILCS 500/50-25). 12. Vendor is not In violation of the "Revolving Door° section of the Minds Procurement Code (30 ILCS 500/50-30). 13. Vendor will report to the Illinois Attomey General end the Chief Procurement Officer any suspected collusion or other anti- competitive practre among any bidders, offerors, contractors, proposers or employees of the State (30 ILCS 500/50.40, 50.45.50-50). 14. In accordance with the Steel Products Procurement Act, steel products used or supplied In the performance of a contraction publh; works shall be manufactured or produced in the United States, unless the executive head of the procuring agency grants an exception (30 ILCS 565). 3 Exhibit A Revision Date 410/2039 Page 6 of 12 AUG -10-2009 09:33 JUL-28-2009 12:21 CDS-CONTRACTS P.04 CDS-CONTRACTS P.04 15. Vendor will, pursuant to the Drug Free Workplace Act, provide a drug free workplace end Vendor and its employees shall not engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance during the performance of the Contract. This certification applies to contracts of 55000 or more with individuals; and to entities with 25 or more employees (30 ILCS 580). 16. Neither Vendor nor any substantially owned affiliate fa partidpadng or shall participate In an inknational boycott in violation of the U.S. Export Administration Act of 1979 or the applicable regulations of the U.S. Department of Commerce. This certification applies to contracts that exceed $10,000 (30 ILCS 582). 17. Vendor has not been convicted of the offense of bid rigging or bid rotating or any similar offense of any state or of the United States (720 ILCS 5133 E-3, E-4). 18. Vendor complies with the lilnais Department of Human Rights Act and rutes applicable to public contracts, fnduding equal employment opportunity, refraining from unlawful discrimination, and having written sexual harassment policies (775 ILCS 5/2-105). 19. Vendor does not pay dues to, or reimburse or subsidize payments by its employees for any dues or fees to any °discriminatory dub' (775 ILCS 25/2). 20. Vendor compiles with the State Prohrbhton of Goods from Forced Labor Act, and mass that no foreign -made equipment, materials, or supplies finished to the State under the Contract have been or will be produced In whole or In part by forced labor. or indentured labor under penal sanction (30 ILCS 583). 21. Vendor certifies that no foreign -made equipment, materials, or supplies furnished to the State under the Contract have been produced in whole or in part by the labor or any child under the age of 12 (30 ILCS 584). 22 Vendor certifies that it is not do violation of Section 50-14.5 of the Illinois Procurement Code (30 ILCS 500150-14.5) that states: °Owners of residential buildings who have committed a willful or kngwing violation cite Lead Poisoning Prevention Act (410 ILCS 45) ere pruitthited from doing business with the State until the vlotatlon Is mitigated°. 23. Vendor wananb and certifies that It and, to the best of its knowledge, its subcontractors have and will comply wilt Executive Order No. 1(2007). The Order generally prohibits Vendors and subcontractors from hiring the then-seMng Governor's family members b lobby procurement activities of the State, or any other unit of government In llinots including local governments If that procurement may result In a contract valued at over $25,000. This prohthition also applies to hiring for that same purpose any former State employee who had procurement authority at any time during the one-year period preceding the procurement lobbying activity. 24. In accordance with Pubfic Act 095-0307, all information technology, including electronic information, software, systems and equipment, developed or provided under this contract must comply with the applicable requirements of the Illinois Information Technology Accessibility Act Standards as published at vrew.dhs.statellusMdaa. 25. Vendor has drscsed if required, on forms provided by the State, and agrees it is under a continuing obligation to disclose to the State, financial or other interests (public or private, deed or indirect) that may be a potential coed of interest or which would pmhlbit Vendor from having or continuing the Contract This includes, but is not bled to oonlds under the 9nfrastructIne Task Fore Fee Prohblorf section of the State Finance Act (30 ILCS 10518.40), Article 50 of the Illinois Procurement Code (30 ILCS mom, :or those which may conffict In any manner with tie Vendor's obligation under this Contract Vendor shall not employ any person with a conflict to perform under this Contract. If any elected or appointed State officer or employee, or the spouse or minor child of same has any ownership or financial interest in the Vendor or the Contract, Vendor certifies it has disclosed that Information to the State if required, on forms provided by the State, and any waiver of the conf lct has been Issued In accordance with applicable law and rule. A waiver Is required 1f a) the person intending to contract with the State, their spouse or child; (i) holds an elective office In Illinois; (11) holds a seat in the lilinois General Assembly; (iiia) is an officer or employee of the Capital Oe dcpi-rent Board or the r°ntds Tod Highway Authority; or holds an appointed position or Is erriptord in any of the offices or agencies of the State government and who receives oompensatam for such employment in excess of 60% of the samary of die Govemor,(curently $106,447.20). (The conffict of Interest threshdd of 60% of the Gov mors salary set forth in Section 50.13 does not apply b elective office holders, legislators, and officers or employees of the Capital Development Board or the Illinois Toll Highway Authority.); b) the contract is with a - Ti , partnership, asso�ion orcorporation in which a person referenced in a) above receives more than 7.5% of the total distributable income or an amount In excess of the salary of the Governor (currently $177Al2.00). c) the contract is with a tinct, partnership, assacialIon or corperaton in which a person referenced in b) above, together with their spouse or minor chid. receives more than 15% to the aggregate of the total distributable income or an amount in excess of 2 times the salary of the Governor (currently $354,824.00) from the flan, partnership. assodallen or ccrporaton. Exhibit A Revision Date 4/10/2009 Page 7of12 AUG -10-2009 09:33 CDS-CONTRACTS JUL-28-2009 12:21 P.06 CDS-CONTRACTS P.05 26 Vendor, as defined in Public Act 95-971, certifies that it has read, understands, and is in with the Act and will not make a contribution that will violate the Ad. In general, Pubfic Act 95-0971 contains new re ' ' and reporting requhements for certain Vendors, as well as limitations on political contrrhutons by certain Vendors and their affiliates. requirements shalt be effedive far the duration of the term of office of the incumbent Governor or fora period of 2 years after the end of Os contract tern, whichever Is longer. Vendor certifies, in accordance with Public Act 951971, as applicable: ❑ Vendor Is not required to register as a business entity with the State Board of Elections. or X Vendor has registered as a business entity with the State Board of glections and ac nowiedges a continuing duty to update the registration as required by the Act. A copy of the cerhiicate of registration Is attached. Vendor admowledges that the State may declare this Contract void without any additional compensation due to the Vendor if this foregoing certification is false or if the Vendor (or any of Its Affiliated Persons or Entities) engage in conduct that violates Public Act 95- 0971. 5 Exhibit A Revision Date 4/10/2009 Page 8 of 12 AUG -10-2009 09:33 CDS-CONTRACTS P.06 JUL-28-2009 12:21 CDS-CONTRACTS P..06 TAXPAYER IDENTIFICATION R?UYBERI I certify that 1. The number shown on finis form is my carred taxpayer identification number (or 1 am wanting ft a number to be issued to me). and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not teal notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a rest& of a failure to report ail interest or dividends, or (c) the IRS has notified me that 1 am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S resident alien). If you am an Individual, enter your name and SSN as t appears on your Social Sectdy Cani. If you am a sole proprietor, enter the owner's name on the navme tine Wowed yy the name of the business and the comer's SSN or EIN. If you am a single -member LLC That Is disregarded .as an eniilyy separate from is owner, enter the owner's name on the name One and the d/b/a on the business name line and enterlthe oener's SSN or SN. If the LLC is a corporation or parineistdp, enter the entity's business namel and FIN end for corporations, attach IRS acceptance letter (CP261 or CP277). For all otherenhties, enter the name of the entity as used to apply for the entity's Eli and the EIN. Name: Basins a Name: CDS Office Technologies Taxpayer Identification Number: Social Security Number or Employer Identification Number 37-1052665 Legal Status (check one): ❑ Individual ❑ Sole Proprietor ❑ Partnership ❑ Legal Services Corporation ❑ Tax-exempt 0 Corporation providing or bilfmg medical and/or health care services ® Corporation NOT providing or billing medical andlor health lore services Signature: rv..JL f 71'. G2,Je Exhibit A ❑ Governmental ❑ Nonresident alien ❑ Estate or trust ❑ Pharmacy (Non -Corp.) • Q Pharmacy/Funeral Homel4emetery (Corp ) 0 Limited Liability Companyrl(setect applicable tax classification) ❑ D = disregarded entity ❑ C = corporatiul 0 P = partnership • Date: 107/28/09 Revision Date 4/10/2009 Page 9 of 12 AUG -10-2009 09:33 JUL-28-2009 12:21 $7 -2171/161111111 Miller Costar • WI It �11�•� 1Moa ses • • CDS-CONTRACTS CDS-CONTRACTS STATE BOARD OF ELECTIONS IRATE OP ILLINOIS 1XIa1H1NE MEC= genii ELMN P.07 P.07 SmonammumnliMmilum rim MAI Main. 42111114 Wanialleisiur Amuse bait To Whom.it May Concern: Tide is to Board of Elections receipt of the Business Entity Reiman whichwas ws subm tod to the your business:pursuant to Public Act 95-0971.. Enclosed please find a of the first page of your Bis Entity R ydon. TMs tine -stamped copy shall serve as yourcerillicate of registration. Rupert T Hater: Director Division of Cin Disclosure . www.efections.8.go/ Exhibit A Page 10 of 12 AUG -10-2009 09:33 CDS-CONTRACTS JUL-28-2009 12:21 CDS-CONTRACTS Business Entity Registration PLEASE TYPE OR PRINT 114 SLACK INK Fullname and complete mailing address of Business Entity: CDS OFFICE SYSTEMS, INC. 612 SOUTH DIRKSEN PARKWAY SPRINGFIELD. IL 82703 E-MAIL ADDRESS: begoN@odsofficaiedh.corn * CHEEK HERE W NAME OR ADDRESS WAR SEE 10 ELLS 519-35 FOR GUIDANCE. 0 NEW REGISTRATION ❑ AMENDED REGISTRATION AA rt_taTEO ENTnY: t List all - entities as defined in 30 ICS 50-37(a) NAM STREET ADDRESS: CITY: STATE: ZIP CODE MATURE OF AFFILIATION' NAME: STREET ADDRESS: CnY- STATE: ZIP CODE NATURE OF AFFILIATION' NAME: STREET ADDRESS: CITY: STATE' ZIP CODE I NATURE OF AFFLIATION- °i>: MORE SPACE FOR INFORMATION IS REQUIRED. PLEASE ATTACH ADDITIONAL SHEETS. P.08 P.08 FOR OFFICE USE ?NI., • • .t FEDERALTAX IDENi1FICATION NUMBER 37-1052865 the Meals Procurement Code] THIS FORM MAY SE REPRODUCED PAGE 1 OF 2 NOVEMBER 2005 TOTAL P.08 Page 11 of 12 Unit Price Total cD5 OFFICE TECHNOL.WIIES Customer DES PLAINES FIRE DEPARTMENT (DP2731) 1420 MINER STREET DES PLAINES , Illinois 60016 (P) 847-391-5350 Customer PO: None CDS Office Technologies 1271 HAMILTON PARKWAY ITASCA, Illinois 60143 United States http://www.cdsofficetech.com Bill To DES PLAINES FIRE DEPARTMENT PAYABLE, ACCOUNTS 1420 MINER STREET DES PLAINES , Illinois 60016 (P) 847-391-5350 Terms: Undefined Ship Via: UPS Ground Quotation Date Jul 10, 2014 11:55 AM CDT Doc # 441950 - rev 1 of 1 Description CF -19s w/ LTE and Emissive SalesRep BRENSEL, TIMOTHY (P) 630-305-9034 Customer Contact Sora, Romeo (P) 847 391 5623 rsora@desplaines.org Ship To DES PLAINES FIRE DEPARTMENT PAYABLE, ACCOUNTS 1420 MINER STREET DES PLAINES , Illinois 60016 (P) 847-391-5350 Special Instructions: Carrier Account #: None None tem Description 1 Panasonic Toughbook CF -19 CF-195FYAALM 5 $3,570.00 $17,850.00 Note: Panasonic CF -19 Win7 (Win8 COA), Intel i5 -3340M 2.70GHz, 10.1 XGA 5 -pt Multi Touch Digitizer, 500GB(7200rpm), 4GB, Intel WiFi a/b/g/n, TPM, Bluetooth, Dual Pass (Upper;WWAN/Lower:WLAN), 56k Modem (RJ11), 4G LTE Multi Carrier (MC7355), Emissive Backlit Keyboard, No Drive, Toughbook Preferred Panasonic CF-WEB194AC Vehicle Port Replicator with dual antenna 2 Port replicator - for P/N: CF-19R6RAX1M, CF-19R6RAXDM, CF-19RCRAX1M, CF-WEB194AC 5 $480.00 $2,400.00 CF-19RCRAXDM, CF-19RCREX1M, CF-19RCREXDM Subtotal: $20,250.00 Tax (0.000%): $0.00 Shipp,ng: $0.00 Total: $20,250.00 CDS Office Technologies disclaims any responsibility for product information and products described on this site. Some product Information may be confusing without additional explanation. All product information, including prices, features, and availabiiity, is subject to change without notice. Applicable taxes & shipping may be added to the final order. CREDIT CARD ORDERS W'LL BE CHARGED A 3% CONVENIENCE FEE FOR PROCESSING THE ORDER. All returns must be accompanied by original invoice and authorized RMA number within 30 days of invoice date. Late fees may apply to payments past 30 days from invoice date. Please contact your sales representative ,f you have any questions. Exhibit A Page 12 of 12 CITY OF A+II•. 5 f! 7s DES PLAINES ILLINOIS ctusent Agenda Items # 3 & 3g City of Des Plaines Public Works and Engineering Department 1111 Joseph Schwab Road Des Plaines, IL 60016 Tel: 847-391-5464 Fax: 847-297-6801 MEMORANDUM Date: July 31, 2014 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Timothy Watkins, Assistant Director of Public Works & Engineering Timothy P. Oakley, P.E., CFM, Director of Public Works & Engineering ?go Subject: 2014 Multi -Space Pay Station Purchase Issue: The 2014 budget includes $15,000 for the purchase of an additional parking pay station. Analysis: This project will provide a new machine at the northeast corner of Pearson and Ellinwood that will allow patrons to pay for commuter parking with a credit card, debit card or cash. This new machine will also allow patrons to pay using their "smart phone" if they are running late and trying to catch their train. Consistent with the machines installed last year, the pay -by -phone option does charge the end user a convenience fee of $0.37 per transaction. This option is becoming more popular and is also available in Northbrook, Morton Grove and Glenview. Since the new pay station must match our current system to maintain day-to-day operations, we contacted Total Parking Solution, the regional supplier and repair facility for Cale America parking machines. Cale parking machines are used by approximately 85% of municipalities in the area. Total Parking Solutions has provided a proposal in the amount of $14,088. This cost is slightly cheaper than the unit cost for the purchases of the same equipment made last year. Recommendation: We recommend approval of the proposal from Total Parking Solutions, Inc., 2721 Curtiss St, Downers Grove, IL 60515, in the amount of $14,088.00, to purchase a Cale Multi - Space Pay Station. Source of funding would be the TIF #1 -Equipment Fund ($13,248), T1F #1 - Miscellaneous Contractual Services ($840). Attachments: Resolution R-162-14 Exhibit A — Contract Attachment A — Propos& Page 1 of 10 CITY OF DES PLAINES RESOLUTION R - 162 - 14 A RESOLUTION APPROVING AN AGREEMENT WITH TOTAL PARKING SOLUTIONS FOR THE PURCHASE AND INSTALLATION OF A MULTI -SPACE PAY STATION MACHINE WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City has appropriated $15,000 for use by the Department of Public Works and Engineering during the 2014 fiscal year for the purchase and installation of a multi - space pay station in the commuter parking lot at the northeast corner of Pearson Street and Ellinwood Street in the City ("Equipment"); and WHEREAS, the Equipment must be compatible with the four multi -space pay stations that the City purchased from, and that were installed by, Total Parking Solutions, Inc. ("Vendor"), in 2013 at the Cumberland train station; and WHEREAS, in accordance with Section 1-10-14 of the City Code, the City has determined that the purchase of the Equipment is not adapted to award by competitive bidding because the Equipment is only available from Vendor; and WHEREAS, Vendor submitted a proposal for the Equipment in the not -to -exceed amount of $14,088; and WHEREAS, the City desires to enter into an agreement with Vendor for the purchase and installation of the Equipment in the not -to -exceed amount of $14,088 ("Agreement"); and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Agreement with Vendor; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: WAIVER OF COMPETITIVE BIDDING. The requirement that competitive bids be solicited for the purchase of the Equipment is hereby waived. 1 Page 2 of 10 SECTION 3: APPROVAL OF AGREEMENT. The City Council hereby approves the Agreement in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. SECTION 4: AUTHORIZATION TO EXECUTE AGREEMENT. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, the final Agreement only after receipt by the City Clerk of at least two executed copies of the Agreement from Vendor; provided, however, that if the City Clerk does not receive such executed copies of the Agreement from Vendor within 60 days after the date of adoption of this Resolution, then this authority to execute and seal the Agreement shall, at the option of the City 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. PASSED this day of , 2014. APPROVED this day of , 2014. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel Legal \Res\2014IDP-Resolution Approving Purchase of Multi -Space Pay Station from Total Parking Solutions Pearson & Ellinwood #31987152 v2 2 Page 3 of 10 CITY OF DES PLAINES CONTRACT FOR 2014 Multi -Space Pav Station Full Name of Bidder ("Bidder") Principal Office Address Local Office Address Contact Person Telephone Number TO: City of Des Plaines ("Owner") 1420 Miner Street Des Plaines, Illinois 60016 Attention: City Clerk Bidder warrants and represents that Bidder has carefully examined the Work Site described below and its environs and has reviewed and understood all documents included, referred to, or mentioned in this bound set of documents, including Addenda Nos. (if none, write "NONE"], which are securely stapled to the end of this Contract. 1. Work Proposal A. Contract and Work. If this Contract is accepted, Bidder proposes and agrees that Bidder shall, at its sole cost and expense, provide, perform, and complete, in the manner specified and described, and upon the terms and conditions set forth, in this Contract and Owner's written notification of acceptance in the form included in this bound set of documents, all of the following, all of which is herein referred to as the "Work": 1. Labor, Equipment. Materials and Supplies. Provide, perform, and complete, in the manner specified and described in this Contract/Proposal, all necessary work, labor, services, transportation, equipment, materials, supplies, information, data, and other means and items necessary for the furnish and install 1 -Multi - Space Parking Terminal and install one City owned shelter at the northeast corner of Pearson and Prairie in Des Plaines; 2. Permits. Procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith; 3. Bonds and Insurance. Procure and furnish all bonds and all insurance certificates and policies of insurance specified in this Contract; 4. Taxes. Pay all applicable federal, state, and local taxes; 5. Miscellaneous. Do all other things required of Bidder by this Contract; and 6. Quality. Provide, perform, and complete all of the foregoing in a proper and workmanlike manner, consistent with highest standards of professional and construction practices, in full compliance with, and as required by or pursuant, to this Contract, and with the greatest economy, efficiency, and expedition consistent therewith, with only new, undamaged, and first quality equipment, materials, and supplies. B. Performance Standards. If this Contract is accepted, Bidder proposes and agrees that all Work shall be fully provided, performed, and completed in accordance with the proposal attached hereto and by this reference made a part of this Contract. No provision of any referenced standard, specification, manual or code shall change the duties and responsibilities of Owner or Bidder from those set forth in this Contract. Whenever any equipment, materials, or supplies are specified or described in this Contract by using the name or other identifying feature of a proprietary product or the name or other identifying feature of a particular manufacturer or vendor, the specific item mentioned shall be understood as establishing the type, function, and quality desired. Other manufacturers' or vendors' products may be accepted, provided that the products proposed are equivalent in substance and function to those named as determined by Owner in its sole and absolute discretion. C. Responsibility for Damage or Loss. If this Contract is accepted, Bidder proposes and agrees that Bidder shall be responsible and liable for, and shall promptly and without charge to Owner repair or replace, damage done to, and any loss or injury suffered by, Owner, the Work, the Work Site, or other property or persons as a result of the Work. D. Inspection/Testing/Resection. Owner shall have the right to inspect all or any part of the Work and to reject all or any part of the Work that is, in Owner's judgment, defective or damaged or that in any way fails to conform strictly to the requirements of this Contract and Owner, without limiting its other rights or remedies, may require correction or replacement at Bidder's cost, perform or have performed all Work necessary to complete or correct all or any part of the Work that is defective, damaged, or nonconforming and charge Bidder with any excess cost incurred thereby, or cancel all or any part of any order or this Contract. Work so rejected may be returned or held at Bidder's expense and risk. 2. Contract Price Proposal If this Contract is accepted, Bidder proposes, and agrees, that Bidder shall take in full payment for all Work and other matters set forth under Section 1 above, including overhead and profit; taxes, contributions, and premiums; and -1- EXHIBIT A Page 4 of 10 compensation to all subcontractors and suppliers, the compensation set forth below. A. Schedule of Prices. For providing, performing, and completing all Work, the lump sum of. $14.088, B. Basis for Determining Prices. It is expressly understood and agreed that: 1. All prices stated in the Schedule of Prices are firm and shall not be subject to escalation or change; 2. Owner is not subject to state or local sales, use, and excise taxes, that no such taxes are included in the Schedule of Prices, and that all claim or right to claim any additional compensation by reason of the payment of any such tax is hereby waived and released; and 3. All other applicable federal, state, and local taxes of every kind and nature applicable to the Work are included in the Schedule of Prices; and 4. The approximate quantities set forth in the Schedule of Prices for each Unit Price Item are Owner's estimate only, that Owner reserves the right to increase or decrease such quantities, that payment for each Unit Price Item shall be made only on the actual number of acceptable units of such Unit Price Item installed complete in place in full compliance with this Contract/Proposal, and that all claim or right to dispute or complain of any such estimated quantity, or to assert that there was any misunderstanding in regard to the nature or amount of any Unit Price Item to be provided or performed, is hereby waived and released; and 5. Any items of Work not specifically listed or referred to in the Schedule of Prices, or not specifically included for payment under any Unit Price Item, shall be deemed incidental to the Contract Price, shall not be measured for payment, and shall not be paid for separately except as incidental to the Contract Price, including without limitation extraordinary equipment repair, the cost of transportation, packing, cartage, and containers, the cost of preparing schedules and submittals, the cost or rental of small tools or buildings, the cost of utilities and sanitary conveniences, and any portion of the time of Bidder, its superintendents, or its office and engineering staff. C. Time of Payment. It is expressly understood and agreed that all payments shall be made in accordance with the following schedule: Invoiced monthly for completed pay items less 10% retainage. All payments may be subject to deduction or setoff by reason of any failure of Bidder to perform under this Contract/Proposal. Each payment shall include Bidder's certification of the value of, and partial or final waivers of lien covering, all Work for which payment is then requested and Bidder's certification that all prior payments have been properly applied to the payment or reimbursement of the costs with respect to which they were paid. 3. Contract Time If this Contract is accepted, Bidder proposes and agrees that Bidder shall commence the Work within 10 days after Owner's acceptance of the Contract provided Bidder shall have fumished to Owner all bonds and all insurance certificates specified in this Contract (the "Commencement Date"). If this Contract is accepted, Bidder proposes and agrees that Bidder shall perform the Work diligently and continuously and shall complete the Work within 75 days after the Commencement Date. 4. Financial Assurance A. Bonds. If this Contract is accepted, Bidder proposes and agrees that Bidder shall provide a Performance Bond and a Labor and Material Payment Bond, on forms provided by, or otherwise acceptable to, Owner, from a surety company acceptable to Owner, each in the penal sum of the Contract Price, within 10 days after Owner's acceptance of this Contract. B. Insurance. If this Contract is accepted, Bidder proposes and agrees that Bidder shall provide certificates and policies of insurance evidencing the minimum insurance coverage and limits set forth below within 10 days after Owner's acceptance of this Contract. Such insurance shall be in form, and from companies, acceptable to Owner and shall name Owner, including its Council members and elected and appointed officials, its officers, employees, agents, attorneys, consultants, and representatives, as an Additional Insured. The insurance coverage and limits set forth below shall be deemed to be minimum coverage and limits and shall not be construed in any way as a limitation on Bidder's duty to carry adequate insurance or on Bidder's liability for losses or damages under this Contract. The minimum insurance coverage and limits that shall be maintained at all times while providing, performing, or completing the Work are as follows: 1. Workers' Compensation and Employer's Liability Limits shall not be less than: Worker's Compensation: Statutory Employer's Liability: $500,000 each accident -injury; $500,000 each employee -disease; $500,000 disease - policy. Such insurance shall evidence that coverage applies to the State of Illinois and provide a waiver of subrogation in favor of Owner. 2. Commercial Motor Vehicle Liability Limits for vehicles owned, non -owned or rented shall not be less than: $1,000,000 Bodily Injury and Property Damage Combined Single Limit -2- EXHIBIT A Page 5 of 10 3. Commercial General Liability Limits shall not be less than: $1,000,000 Bodily Injury and Property Damage Combined Single Limit. Coverage is to be written on an "occurrence" basis. Coverage to include: Premises Operations Products/Completed Operations - Independent Contractors Personal Injury (with Employment deleted) Broad Form Property Damage Endorsement Exclusion "X," "C," and "U" Contractual Liability Contractual Liability coverage shall specifically include the indemnification set forth below. 4. Umbrella Liability Limits shall not be less than: $2,000,000 Bodily Injury and Property Damage Combined Single Limit. This Coverage shall apply in excess of the limits stated in 1, 2, and 3 above. C. Indemnification. If this Contract is accepted, Bidder proposes and agrees that Bidder shall indemnify, save harmless, and defend Owner against all damages, liability, claims, losses, and expenses (including attomeys' fees) that may arise, or be alleged to have arisen, out of or in connection with Bidder's performance of, or failure to perform, the Work or any part thereof, or any failure to meet the representations and warranties set forth in Section 6 of this Contract. D. Penalties. If this Contract is accepted, Bidder proposes and agrees that Bidder shall be solely liable for any fines or civil penalties that are imposed by any govemmental or quasi-govemmental agency or body that may arise, or be alleged to have arisen, out of or in connection with Bidder's performance of, or failure to perform, the Work or any part thereof. 5. Firm Contract All prices and other terms stated in this Contract are firm and shall not be subject to withdrawal, escalation, or change provided Owner accepts this Contract within 45 days after the date the bidder's contract proposal is opened. 6. Bidder's Representations and Warranties To induce Owner to accept this Contract, Bidder hereby represents and warrants as follows: A. The Work. The Work, and all of its components, (1) shall be of merchantable quality; (2) shall be free from any latent or patent defects and flaws in workmanship, materials, and design; (3) shall strictly conform to the requirements of this Contract, including without limitation the performance standards set forth in Section 1B of this Contract; and (4) shall be fit, sufficient, and suitable for the purposes expressed in, or reasonably inferred from, this Contract and the warranties expressed herein shall be in addition to any other warranties expressed or implied by law, which are hereby reserved unto Owner. If this Contract is accepted, Bidder proposes and agrees that as part of Bidder's warranty obligations under this Contract, shall provide, perform, and complete all post -installation service, maintenance, and inspection Work as specified in the Proposal (Attachment A). Bidder, promptly and without charge, shall correct any failure to fulfill the above warranty at any time within one years after final payment or such longer period as may be prescribed in the performance standards set forth in Section 1B of this Contract or by law. The above warranty shall be extended automatically to cover all repaired and replacement parts and labor provided or performed under such warranty and Bidder's obligation to correct Work shall be extended for a period of two years from the date of such repair or replacement. The time period established in this Section 6A relates only to the specific obligation of Bidder to correct Work and shall not be construed to establish a period of limitation with respect to other obligations that Bidder has under this Contract. B. Compliance with Laws. The Work, and all of its components, shall be provided, performed, and completed in compliance with, and Bidder 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 seg. and any other prevailing wage laws; 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; and any statutes regarding safety or the performance of the Work. C. Prevailing Wage Act. This Contract calls for the construction of a "public work," within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et Egg. (the "Act"). A copy of Owner's ordinance ascertaining the prevailing rate of wages, in effect as of the date of this Contract, has been attached as an Appendix to this Contract. If the Illinois Department of Labor revises the prevailing rate of hourly wages to be paid, the revised rate will apply to this Contract. Bidder and any subcontractors rendering services under this Contract must comply with all requirements of the Act, including but not limited to, all wage, notice, and record-keeping duties and certified payrolls. D. Not Barred. Bidder is not barred by law from contracting with Owner or with any other unit of state or local govemment as a result of (i) 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 (ii) a violation of the USA Patriot Act of 2001, 107 Public Law 56 (October 26, 2001) (the Patriot Act") or other statutes, orders, rules, and regulations of the United States government and its various executive departments, agencies and offices related to the -3- EXHIBIT A Page 6 of 10 subject matter of the Patriot Act, including, but not limited to, Executive Order 13224 effective September 24, 2001. Bidder is not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by the United States Treasury Department as a Specially Designated National and Blocked Person, or for or on behalf of any person, group, entity or nation designated in Presidential Executive Order 13224 as a person who commits, threatens to commit, or supports terrorism; and Bidder is not engaged in this transaction directly or indirectly on behalf of, or facilitating this transaction directly or indirectly on behalf of, any such person, group, entity or nation. E. Qualified. Bidder has the requisite experience (minimum of 5 years), ability, capital, facilities, plant, organization, and staff to enable Bidder to perform the Work successfully and promptly and to commence and complete the Work within the Contract Price and Contract Time set forth above. Bidder warrants and represents that it has met and will meet all required standards set forth in Owner's Responsible Bidder Ordinance M-66-11. 7. Acknowledgements In submitting this Contract, Bidder acknowledges and agrees that: A. Reliance. Owner is relying on all warranties, representations, and statements made by Bidder in this Contract. B. Reservation of Rights. Owner reserves the right to reject any and all proposals, reserves the right to reject the low price proposal, and reserves such other rights as are set forth in the Instructions to Bidders. C. Acceptance. If this Contract is accepted, Bidder shall be bound by each and every term, condition, or provision contained in this Contract and in Owner's written notification of acceptance in the form included in this bound set of documents. D. Remedies. Each of the rights and remedies reserved to Owner in this Contract shall be cumulative and additional to any other or further remedies provided in law or equity or in this Contract. E. Time. Time is of the essence for this Contract and, except where stated otherwise, references in this Contract to days shall be construed to refer to calendar days. F. No Waiver. No examination, inspection, investigation, test, measurement, review, determination, decision, certificate, or approval by Owner, whether before or after Owner's acceptance of this Contract; nor any information or data supplied by Owner, whether before or after Owner's acceptance of this Contract; nor any order by Owner for the payment of money; nor any payment for, or use, possession, or acceptance of, the whole or any part of the Work by Owner, nor any extension of time granted by Owner, nor any delay by Owner in exercising any right under this Contract; nor any other act or omission of Owner shall constitute or be deemed to be an acceptance of any defective, damaged, or nonconforming Work, nor operate to waive or otherwise diminish the effect of any representation or warranty made by Bidder; or of any requirement or provision of this Contract; or of any remedy, power, or right of Owner. G. Severabilitv. The provisions of this Contract/ Proposal shall be interpreted when possible to sustain their legality and enforceability as a whole. In the event any provision of this Contract shall be held invalid, illegal, or unenforceable by a court of competent jurisdiction, in whole or in part, neither the validity of the remaining part of such provision, nor the validity of any other provisions of this Contract shall be in any way affected thereby. H. Amendments. No modification, addition, deletion, revision, alteration, or other change to this Contract shall be effective unless and until such change is reduced to writing and executed and delivered by Owner and Bidder, except that Owner has the right, by written order executed by Owner, to make changes in the Work ("Change Order"). If any Change Order causes an increase or decrease in the amount of the Work, then an equitable adjustment in the Contract Price or Contract Time may be made. No decrease in the amount of the Work caused by any Change Order shall entitle Bidder to make any claim for damages, anticipated profits, or other compensation. 1. Assignment. Neither this Contract, nor any interest herein, shall be assigned or subcontracted, in whole or in part, by Bidder except upon the prior written consent of Owner. J. Governing Law. This Contract, and the rights of the parties under this Contract shall be interpreted according to the internal laws, but not the conflict of law rules, of the State of Illinois. Every provision of law required by law to be inserted into this Contract/Proposal shall be deemed to be inserted herein. -4- EXHIBIT A Page 7 of 10 Bidder's Status: ( ) Corporation ( ) Partnership ( ) Individual Proprietor (State) (State) Bidder's Name: Doing Business As (if different): Signature of Bidder or Authorized Agent: (corporate seal) Printed Name: (if corporation) Title/Position: Bidder's Business Address: Bidder's Business Telephone: Facsimile: If a corporation or partnership, list all officers or partners: _5 - EXHIBIT A Page 8 of 10 ACCEPTANCE The Contract attached hereto and by this reference incorporated herein and made a part hereof is hereby accepted by the order of the City of Des Plaines ("Owner") as of , 20_ This Acceptance, together with the Contract attached hereto, constitutes the entire and only agreement between the parties relating to the accomplishment of the Work and the compensation therefor and supersedes and merges any other prior or contemporaneous discussions, agreements, or understandings, whether written or oral, and shall prevail over any contradictory or inconsistent terms or conditions contained in any purchase order, acceptance, acknowledgement, invoice, or other standard form used by the parties in the performance of the Contract. Any such contradictory or inconsistent terms or conditions shall be deemed objected to by Owner without further notice of objection and shall be of no effect nor in any circumstances binding upon Owner unless accepted by Owner in a written document plainly labeled "Amendment to Contract." Acceptance or rejection by Owner of any such contradictory or inconsistent terms or conditions shall not constitute acceptance of any other contradictory or inconsistent terms or conditions. CITY OF DES PLAINES Signature: Printed name: Mike Bartholomew Title: City Manager H.\Engineering\Forms and Specs\Contracts and Specifications\Documents - Typical Contract\HK Contracts\Master Short Form Contract docx -6- EXHIBIT A Page 9 of 10 7-31-14 City of Des Plaines 1111 Joseph Schwab Road Des Plaines, IL 60016 Attn. Tim Watkins Dear Tim; Total Parking Solutions, Inc Per your request, l have included a cost proposal for a Cale pay by space terminal. If you have any further questions, please feel free to contact me at your convenience. Sincerely, (INN d2aaaekt Tom Zawacki Total Parking Solutions Equipment 1 Compact XL parking fare terminal w/ bills, coins, & credit card, back-up battery, heater and communications kit. (110 volt AC power must be provided) Cost $12,600.00 installation 5200.00 Web Office Monitoring $70 per terminal per month (includes all cell charges) Shelter Installation $448.00 *City of Des Plaines is responsible for having the shelter on site for installation. Project Total $14,088.00 2721 Curtiss Street • Downers Grove, IL 60515 • Office. f630) 241.1984 • Fax. (630) 241 1985 EXHIBIT A Page 10 of 10 MTV OF DES PLAINES ILLINOIS Consent Agenda Items # 4 4 44 City of Des Plaines Public Works and Engineering Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5390 Fax: 847-391-5619 MEMORANDUM Date: July 22, 2014 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineering Timothy P. Oakley, P.E., CFM, Director of Public Works & Engineering fa Subject: Christopher B. Burke Engineering, Ltd. - Professional Engineering Services Fargo Avenue Relief Storm Sewer - Task Order No. 7 Issue: On July 21, 2014, Christopher B. Burke Engineering, Ltd. (CBBEL) provided a proposal for professional engineering services related to the survey, coordination and preparation of construction plans and cost estimates for the Fargo Avenue Relief Storm Sewer. This improvement is a Storm Water Management Master Plan, Phase II project. Analysis: CBBEL's scope of work will include updating the storm water model prepared in 2009 in order to reflect the final drainage design along the Des Plaines River Road, Phase II reconstruction project. This will optimize the design for the new Fargo Avenue relief sewer. The construction of this storm sewer will be part of the MWRD and City intergovernmental agreement, in which the MWRD is funding 75% of the construction cost of the improvement. This segment will be constructed after the completion of the Des Plaines River Road storm sewer (projected spring of 2015). Recommendation: We recommend acceptance of the proposal from Christopher B. Burke Engineering, Ltd., 9575 West Higgins Road, Suite 600, Rosemont, IL 60018 in the amount of $69,500 for professional engineering services related to the Fargo Avenue Relief Storm Sewer. This contract will be Task Order No. 7 to the Master Agreement with CBBEL. Source of funding would be the Capital Projects Fund. Attachments: Resolution R-163-14 Exhibit A — Task Order No. 7 Page 1 of 9 CITY OF DES PLAINES RESOLUTION R - 163 - 14 A RESOLUTION APPROVING TASK ORDER NO. 7 WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR PROFESSIONAL ENGINEERING SERVICES. WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City desires to procure professional engineering services, including survey, construction plan preparation, and cost estimate services, necessary for the construction of storm water improvements on Fargo Avenue and Jarvis Avenue ("Engineering Services'); and WHEREAS, in accordance with Section 1-10-14 of the City Code of the City of Des Plaines, City staff has determined that the procurement of the Engineering Services is not adapted to award by competitive bidding because the Engineering Services require a high degree of professional skill and judgment; and WHEREAS, on August 19, 2013, the City Council approved Resolution R-136-13, which approved and authorized the City to enter into a master contract ("Master Contract") with Christopher B. Burke Engineering, Ltd. ("Consultant"), to perform certain engineering services for the City as such services are needed over time; and WHEREAS, the City and Consultant entered into the Master Contract, dated as of August 19, 2013; and WHEREAS, Consultant has satisfactorily performed engineering services for the City in the past, including the development of the City Storm Water Management Master Plan; and WHEREAS, the City requested a proposal from Consultant to perform the Engineering Services; and WHEREAS, Consultant submitted a proposal in the not -to -exceed amount of $69,500 to perform the Engineering Services; and WHEREAS, the City has sufficient funds in the Capital Project Fund for the procurement of the Engineering Services from Consultant; and WHEREAS, the City desires to enter into Task Order No. 7 under the Master Contract for the procurement of the Engineering Services from Consultant in the not -to -exceed amount of $69,500 ("Task Order No. 7"); and 1 Page 2 of 9 WHEREAS, the City Council has determined that it is in the best interest of the City to enter into Task Order No. 7 with Consultant; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: WAIVER OF COMPETITIVE BIDDING. The requirement that competitive bids be solicited for the procurement of the Engineering Services is hereby waived. SECTION 3: APPROVAL OF TASK ORDER NO. 7. The City Council hereby approves Task Order No. 7 in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. SECTION 4: AUTHORIZATION TO EXECUTE TASK ORDER NO. 7. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, final Task Order No. 7 only after receipt by the City Clerk of at least one executed copy of final Task Order No. 7 from Consultant; provided, however, that if the City Clerk does not receive one executed copy of final Task Order No. 7 from Consultant within 30 days after the date of adoption of this Resolution, then this authority to execute and seal final Task Order No. 7 shall, at the option of the City 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. PASSED this day of , 2014. APPROVED this day of , 2014. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel Legal\Res\2014\DP-Resolution Approving Task Order No 7 with Christopher B Burke for Professional Engineering Services Fargo Sewer #31987784_v2 2 Page 3 of 9 TASK ORDER NO. 7 TO MASTER CONTRACT BETWEEN THE CITY OF DES PLAINES AND CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR ENGINEERING SERVICES In accordance with Section 1.2 of the Master Contract dated August 19, 2013 between the City of Des Plaines (the "City") and Christopher B. Burke Engineering, Ltd. (the "Consultant"), the Parties agree to the following Task Number 7: 1. Contracted Services: The Consultant will perform the services described in the "Scope of Services" set forth in the "Professional Engineering Services Proposal Fargo Avenue Relief Sewer" prepared by Consultant, submitted to the City, and dated July 21, 2014 ("Proposal"). 2. Project Schedule (attach schedule if appropriate): 3. Project Completion Date: The Consultant will diligently and continuously prosecute the Services until their completion. 4. Project Specific Pricing (if applicable): In exchange for the Contracted Services, the Consultant will receive compensation on a time and materials basis in the amounts set forth in the Pricing Schedule attached to the Master Contract as Attachment 2, but in no event will the compensation paid to the Consultant exceed $69,500.00, as set forth in the Proposal under the section titled "Estimated Fee." 5. Additional Changes to the Master Contract (if applicable): Not applicable. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED EXHIBIT A Page 4 of 9 CITY CONSULTANT Signature Signature Director of Public Works and Engineering Name (Printed or Typed) , 2014 , 2014 Date Date If greater than, $2,500, the City Manager's signature is required. Signature City Manager , 2014 Date If greater than $10,000, the City Council must approve the Task Order in advance and the City Manager's signature is required. Signature City Manager , 2014 Date #31987783_v2 2 Page 5 of 9 CHRISTOPHER B. BURKE ENGINEERING, LTD. 9575 West Higgins Road Suite 800 Rosemont, Illinois 80018 TEL (847) 823-0500 FAX (847) 823-0520 July 21, 2014 City of Des Plaines 1420 Miner Street Des Plaines, IL 60016-4400 Attention: Mr. Jon Duddles, PE Assistant Director of Public Works and Engineering Subject: Professional Engineering Services Proposal Fargo Avenue Relief Sewer Dear Mr. Duddles: Christopher B. Burke Engineering, Ltd. (CBBEL) is pleased to provide this proposal for professional engineering services related to the survey, coordination and preparation of construction plans and cost estimates for the Fargo Avenue Relief Sewer. Included in this proposal are our Understanding of the Assignment, Scope of Services, and Estimated Fee. UNDERSTANDING OF THE ASSIGNMENT Based on a stormwater study previously completed by CBBEL, new larger storm sewers are recommended on Des Plaines River Road, Fargo Avenue and Jarvis Avenue. We understand that the sewers and outlet recommended on Des Plaines River Road are included under a separate set of plans/contract. This proposal covers the stormwater improvements on Fargo Avenue and Jarvis Avenue. SCOPE OF SERVICES Task 1 — Survev: CBBEL will perform a full topographic survey of the project area, approximately 1,500' in length. CBBEL will field locate all pavements, driveways, curbs and gutters, pavement markings, signs, manholes, utility vaults, drainage structures, driveway culverts, etc. • Horizontal Control: Utilizing state plane coordinates, CBBEL will set recoverable primary control utilizing our GPS equipment. Des Plaines Fmpo Reef 8ewer.docx Page 6 of 9 • Vertical Control: CBBEL will perform a level circuit throughout the entire length of the project establishing benchmarks and assigning elevations to the horizontal control points. The elevations will be based on NAVD 88 to coincide with the Cook County datum (with Village of Elmwood Park Vertical Datum tie-in). • Cross -Sections: CBBEL will survey cross-sections of the roadway at 50' intervals extending from 10' past the right-of-way line to 10' past the opposite tight -of -way line. CBBEL will also survey cross-sections at all driveways and other grade controlling features. • Utility Survey: Existing water, storm, and sanitary sewers were previously located for the Village and will be utilized for this project. Above ground facilities of any additional underground utilities including gas, electric, cable, etc. will also be located. CBBEL will also obtain utility information from all known utility companies along the project corridor and include the utility information in the existing conditions base sheets developed from the above information. The base sheets will be drafted at a scale of 1 "=20'. Task 2 -Geotechnical Investlaatlon: Testing service Corporation will complete four (4) borings 15' deep to determine the existing pavement composition and soil conditions for the new sewer. Task 3 - Utility Coordination: Upon authorization to proceed, CBBEL will send a location map to all known private utility companies within the project area requesting their atlases or plans of their facilities within the project limits. CBBEL will add this information to the existing conditions plan and send it back to the utility companies for verification. Task 4 -XPSWM Analysis: We will revisit the preliminary XPSWMM analysis completed in 2009 to optimize the design and to evaluate new alternatives for Jarvis Avenue. The original concept assumed that the existing 24" storm sewer on River Road would be eliminated, however the final River Road plans show that it will remain in place. The model will be revised to reflect the final River Road design, and we will evaluate new alternatives for Jarvis Avenue that do not include replacing the 24" storm sewer between Magnolia and River Road. Alternatives may include oversized storm sewers and ditch regrading. 2 Page 7 of 9 Task 5—Enaineerina Plans and Estimate: CBBEL will prepare engineering plans and specifications for the proposed improvements. The preliminary engineering plans will include the following sheets: No. Sheet Title 1 Cover Sheet 2 General Notes 3 Typical Sections 4 Summary of Quantities 5-6 Alignment, Ties and Benchmarks sheets 7-8 Existing Conditions and Removal plans • Existing topography, drainage structures and sewers and other utilities 9-11 Roadway Plan and Profile Sheets 12-14 Storm Sewer/Watermain Plan and Profile sheets showing • Proposed size, length, horizontal and vertical alignment 15-16 Maintenance of Traffic Plans 17-18 Landscaping and Erosion Control Plan and Details 19-20 Construction Details CBBEL will also prepare a construction cost estimate based on the scope of improvements reflected in the plans. Task 6 — Coordination and permittina with MWRD: A permit form MWRD will be required for the storm sewer and outlet. CBBEL will coordinate and permit the proposed work. Task 7 — Operations and Maintenance Plan: The MWRDGC requires that an Operations and Maintenance Plan be prepared as a condition for funding the project. We will prepare the required documents and provide them to the City for their use. Task 8 — Administration and QA/QC: CBBEL will prepare monthly status reports with our invoices to the City. CBBEL will perform an internal QA/QC review of the plans, specifications and cost estimates. 3 EXHIBIT A Page 8 of 9 ESTIMATED FEE Task 1 Survey $10,500 Task 2 Geotechnical Investigation 4,500 Task 3 Utility Coordination 2,500 Task 4 XPSWMM Analysis 5,000 Task 5 Engineering Plans and Estimate 40,500 Task 6 Coordination and permitting with MWRD 2,500 Task 7 Operations and Maintenance Plan 1,000 Task 8 Administration and QA/QC 2,500 Direct Costs 500 Total Engineering Design Fee: $ 69,500 Please sign and retum one copy of this agreement as an indication of acceptance and notice to proceed. Please feel free to contact us anytime. Sin9y jr 61-6tAi Chripher B. Burke, hD, PE, D.WRE, Dist.M.ASCE President THIS PROPOSAL, COST ESTIMATE OF FEE, AND MASTER CONTRACT BETWEEN THE CITY OF DES PLAINES AND CHRISTOPHER B. BURKE ENGINEERING, LTD. ACCEPTED FOR CITY OF DES PLAINES. BY: TITLE: DATE: JGSmv N:IPROPOSALS ADMIM201410ee Rohm Forgo Re;oef Bawer doa 4 EXHIBIT A Page 9 of 9 Of / r x I IDES PLAINES �uNas Consent Agenda Items # 5 & 5g City of Des Plaines Public Works and Engineering Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5390 Fax: 847-391-5619 MEMORANDUM Date: July 28, 2014 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineering Timothy P. Oakley, P.E., CFM, Director of Public Works & Engineering , pg Subject: Rand Road Sidepath - Professional Engineering Services - Civiltech Issue: The City has been awarded $1,281,630 in Illinois Transportation Enhancement Program (ITEP) grant funding for the design and construction of a pedestrian/bicycle sidepath along Rand Road from Central Road to Elk Boulevard. This amount is the 80% federal match for the estimated total project cost of $1,602,038. The City is responsible for the 20% project local match of $320,408. This long -requested facility will close significant gaps in the existing sidewalk network along with carrying the planned Evanston -Elgin Regional Bikeway through the City of Des Plaines. The next step in the project is procurement of Phase I and II design engineering services. Analysis: In accordance with the grant procedures, a qualifications -based process was employed in selecting an engineering design consultant. Statement of Qualifications (SOQ) packages were requested and received from three companies: Christopher B. Burke Engineering, Ltd.; Civiltech Engineering, Inc.; and Gewalt Hamilton Associates, Inc. Upon review of the SOQ's, Civiltech Engineering was selected based upon their related experience, their project approach, and the City's past positive experience in working with the team members on the complex Des Plaines River Trail design and permitting process. The ITEP program is unique in that it allows for the use of the Flexible Federal Match (FFM) strategy, which allows for grantees to fully fund the engineering cost and then recoup the expenditures during the construction phase. In the end, this process is neutral with regard to the required federal (80%) / local (20%) cost share and can shave as much as two years off of the implementation period by avoiding the typical 9 to 12 months lag for federal processing during each of the two engineering phases. The City has applied for and received authorization to proceed with the project under the FFM program. Page 1 of 51 Recommendation: We recommend acceptance of the proposal from Civiltech Engineering, Inc., 450 East Devon Avenue, Suite 300, Itasca, IL 60143 in the amount of $273,481.85 for Phase I and Phase II design engineering services for the Rand Road Sidepath project. Source of funding would be the Capital Projects Fund. Eighty percent of this engineering cost ($218,785.48) would be applied as a credit toward our construction local cost share. Attachments: Resolution R-164-14 Exhibit A — Master Contract Exhibit B — Task Order No. 1 Page 2 of 51 CITY OF DES PLAINES RESOLUTION R - 164 - 14 A RESOLUTION APPROVING A MASTER CONTRACT AND TASK ORDER NO. 1 FOR CONSTRUCTION ENGINEERING SERVICES FOR A PEDESTRIANBICYCLE SIDEPATH ALONG RAND ROAD. WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City desires to retain an engineering firm to perform certain engineering services for the City as such services are needed over time ("Engineering Services"); and WHEREAS, Civiltech Engineering, Inc. ("Consultant"), has performed Engineering Services for the City in the past to the City's satisfaction; and WHEREAS, the City desires to enter into a master contract with Consultant to perform Engineering Services as required by the City ("Master Contract") pursuant to task orders issued by the City in accordance with the Master Contract; and WHEREAS, the City has appropriated funds in the Capital Projects Fund for use by the Department of Public Works and Engineering during the 2014 fiscal year for the procurement of engineering design services related to the construction of a pedestrian and bicycle side path along Rand Road in the City ("Design Services"); and WHEREAS, in accordance with Section 1-10-14 of the City Code, City staff has determined that the procurement of the Design Services is not adapted to award by competitive bidding because the Design Services require a high level of professional skill and judgment; and WHEREAS, the City requested statements of qualifications from three engineering consultant firms for the performance of the Design Services and determined that selection of the Consultant to perform the Design Services was in the best interest of the City based upon the Consultant's related experience, approach to the performance of the Design Services, and the City's positive experience working with the Consultant in the past; and WHEREAS, the City desires to enter into Task Order No. 1 under the Master Contract with Consultant for the performance of the Design Services in the not -to -exceed amount of $273,481.85 ("Task Order No. 1"); and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Master Contract and Task Order No. 1 with Consultant; 1 Page 3 of 51 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: APPROVAL OF MASTER CONTRACT. The City Council hereby approves the Master Contract in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. SECTION 3: AUTHORIZATION TO EXECUTE MASTER CONTRACT. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, the final Master Contract only after receipt by the City Clerk of at least two executed copies of the final Master Contract from Consultant; provided, however, that if the City Clerk does not receive such executed copies of the final Master Contract from Consultant within 30 days after the date of adoption of this Resolution, then this authority to execute and seal the final Master Contract shall, at the option of the City Council, be null and void. SECTION 4: WAIVER OF COMPETITIVE BIDDING. The requirement that competitive bids be solicited for the procurement of the Design Services is hereby waived. SECTION 5: APPROVAL OF TASK ORDER NO. 1. The City Council hereby approves Task Order No. 1 in substantially the form attached to this Resolution as Exhibit B, and in a final form to be approved by the General Counsel. SECTION 6: AUTHORIZATION TO EXECUTE TASK ORDER NO. 1. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, final Task Order No. 1 only after receipt by the City Clerk of at least one executed copy of final Task Order No. 1 from Consultant; provided, however, that if the City Clerk does not receive one executed copy of final Task Order No. 1 from Consultant within 30 days after the date of adoption of this Resolution, then this authority to execute and seal final Task Order No. 1 shall, at the option of the City Council, be null and void. SECTION 7: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. [SIGNATURE PAGE FOLLOWS] 2 Page 4 of 51 PASSED this day of , 2014. APPROVED this day of , 2014. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel Legal\Res\2014\DP-Resolution Approving Master Contract with Civiltech and Task Order No 1 for Rand Road Sidepath #32025943_v2 3 Page 5 of 51 Master Contract Between the City of Des Plaines And Civiltech Engineering, Inc. For Professional Engineering Services EXHIBIT A Page 6 of 51 City of Des Plaines Professional Services Master Contract Professional Engineering Services Master Contract Between the City of Des Plaines And Civiltech Engineering, Inc. For Professional Engineering Services TABLE OF CONTENTS Page ARTICLE 1. THE SERVICES 1 1.1 Intent; Conflicts. 1 1.2 Task Orders 1 1.3 Project Time 1 1.4 Term; Extensions. 1 1.5 No Guarantee of Work; Other Contracts. 1 1.6 Responsibility of Consultant to Perform 2 1.7 Financial Ability to Perform. 2 ARTICLE 2. COMPENSATION AND PAYMENT 2 2.1 Pricing Schedule. 2 2.2 Monthly Payment; Invoices. 2 2.3 Taxes. 3 2.4 Final Payment. 3 2.5 Deductions. 3 2.6 Use of Deducted Funds 3 2.7 Keeping Books and Accounts 3 ARTICLE 3. PERFORMANCE OF PROJECT AND SERVICES 4 3.1 Standard of Performance 4 3.2 Correction of Defects 4 3.3 Risk of Loss. 4 3.4 Opinions of Probable Cost. 4 3.5 Responsibility for Work by Contractors. 4 3.6 City Responsibilities. 5 3.7 Time of the Essence. 6 3.8 Suspension of Services, Project. 6 EXHIBIT A Page 7 of 51 City of Des Plaines Professional Services Master Contract Professional Engineering Services ARTICLE 4. TASK CHANGE ORDERS; DELAYS 6 4.1 Task Change Orders 6 4.2 Revision Notices. 6 4.3 Disagreements over Task Change Order Terms. 6 4.4 No Change in Absence of Task Change Order 6 4.5 Delays. 7 ARTICLE 5. INSURANCE 7 5.1 Insurance 7 5.2 Scope of Coverage. 7 5.3 Minimum Limits of Coverage. 7 5.4 Deductibles and Self -Insured Retentions 8 5.5 Additional Requirements. 8 5.6 Verification of Coverage 9 5.7 Sub -Consultants and Suppliers. 9 ARTICLE 6. INDEMNIFICATION 9 6.1 Agreement to Indemnify. 9 6.2 Notice of Claim to Consultant. 10 6.3 No Limit Based on Insurance. 10 6.4 Withholding Payment. 10 6.5 Limit on Duty to Indemnify. 10 ARTICLE 7. INFORMAL DISPUTE RESOLUTION 10 7.1 Dispute Resolution Panel. 10 7.2 Communications in Nature of Settlement 10 7.3 Performance of Services. 10 ARTICLE 8. TERMINATION 11 8.1 Master Contract is At -Will 11 8.2 Termination by City for Breach 11 8.3 City Remedies 11 8.4 Termination for Convenience. 11 8.5 Termination by Consultant for Breach. 11 8.6 Termination by Consultant without Cause. 12 ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS 12 ii EXHIBIT A Page 8 of 51 City of Des Plaines Professional Services Master Contract Professional Engineering Services 9.1 Consultant as Independent Consultant 12 9.2 Compliance with Laws; Communications with Regulators 12 9.3 Consultant Payments; Waivers of Liens. 12 9.4 Permits and Licenses 12 9.5 Safety; Hazardous Materials. 12 9.6 Intellectual Property 13 9.7 Confidential Information. 13 9.8 Ownership of Data and Documents. 13 9.9 Copyrights and Patents. 13 9.10 Notices. 14 9.11 No Waiver by City. 14 9.12 No Third -Party Beneficiaries 14 9.13 Survival of Terms. 14 9.14 Assignments 14 9.15 Amendments. 14 9.16 Governing Law. 14 9.17 Compliance with Laws, Grant Regulations. 15 9.18 Representation of No Conflicts 15 9.19 No Collusion. 15 iii EXHIBIT A Page 9 of 51 City of Des Plaines Professional Services Master Contract Professional Engineering Services Master Contract Between The City of Des Plaines And Civiltech Engineering, Inc. For Professional Engineering Services This contract (the "Master Contract") is dated as of August 18, 2014 (the "Effective Date") and is by and between the City of Des Plaines (the "City") and Civiltech Engineering, Inc. (the "Consultant"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: ARTICLE 1. THE SERVICES 1.1 Intent; Conflicts. It is the intent of the parties that this Master Contract govern the relationship of the parties. Specific terms related to a project will be contained in a task order as provided in Section 1.2. In the event of a conflict between the provisions of this Master Contract and any task order, then provisions of this Master Contract will apply and control. 1.2 Task Orders. The Consultant will perform services for the City from time to time as set forth in written task orders issued by the City on a project -by -project basis (the "Services"), provided, however, that any task order in an amount exceeding $10,000 must be approved by the City Council. A task order will be in the form generally as provided in Attachment A attached to and by this reference incorporated into this Master Contract (a "Task Order") and in final form acceptable to the City and executed by the Parties. Each Task Order will include the Services to be performed under that Task Order (collectively a "Project"). 1.3 Project Time. Each Task Order will include a time schedule for the Project (a "Project Schedule") including without limitation a date for completion of the Project (the "Project Completion Date"). 1.4 Term; Extensions. This Master Contract commences on the Effective Date and terminates three years after the Effective Date unless terminated earlier pursuant to Article 8 of this Master Contract (the "Term"). All terms of this Master Contract, including without limitation pricing terms, are firm during the Term, unless a change is explicitly agreed to by the City in a Task Order. The Parties may extend this Contract for two additional one-year periods (each an "Extended Term"). Pricing terms may be adjusted by agreement at the beginning of an Extended Term. 1.5 No Guarantee of Work; Other Contracts. This Master Contract does not guarantee that the Consultant will be awarded Projects by the City, and the City has no duty or obligation to award Projects to the Consultant. Also, the City may enter into master contracts with other consultants, pursuant to which the City may award work from time to time at the City's discretion. -1- EXHIBIT A Page 10 of 51 City of Des Plaines Professional Services Master Contract Professional Engineering Services 1.6 Responsibility of Consultant to Perform. The Consultant must provide all personnel necessary to complete the Services. The Consultant must perform the Services with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved by the City in writing. All sub -consultants and supplies used by the Consultant in the performance of Services must be acceptable to, and approved in advance by, the City. The City's approval of any sub -consultant or supplier will not relieve the Consultant of full responsibility and liability for the provision, performance, and completion of the Services in full compliance with, and as required by or pursuant to, this Master Contract and the relevant Task Order. All Services performed by any sub -consultant or supplier are subject to all of the provisions of this Master Contract and the relevant Task Order in the same manner as if performed directly by the Consultant. If any sub -consultant or supplier fails to properly perform any Services undertaken by it in compliance with this Master Contract or the relevant Task Order, then the Consultant, immediately on notice from the City, must remove that sub - consultant or supplier and undertake the Services itself or replace the sub -consultant or supplier with a sub -consultant or supplier acceptable to the City. The Consultant will have no claim for damages, for compensation in excess of the Compensation, or for delay or extension of the Project Schedule as a result of any such removal or replacement. 1.7 Financial Ability to Perform. Each time when executing a Task Order, the Consultant represents and declares that it is financially solvent, has the financial resources necessary, has sufficient experience and competence, and has the necessary capital, facilities, organization, and staff necessary to provide, perform, and complete the Project set forth in the Task Order in full compliance with, and as required by or pursuant to, the Task Order and this Master Contract. ARTICLE 2. COMPENSATION AND PAYMENT 2.1 Pricing Schedule. As compensation for the performance of the Services ("Compensation"), the City will pay the Consultant the amounts set forth in Attachment B attached to and by this reference incorporated into this Master Contract (the "Pricing Schedule"). The Parties may agree to different or additional pricing terms in a Task Order ("Project -Specific Pricing"). Except for the Compensation and any Project -Specific Pricing, the City will have no liability for any expenses or costs incurred by the Consultant. 2.2 Monthly Payment; Invoices. The Compensation for a Project will be paid in monthly installments. The Consultant must submit to the City, on a monthly basis unless the Parties agree in a Task Order to a different schedule, a written invoice for payment for completed work. The City may specify the specific day of the month on or before which invoices must be filed. Each invoice must be accompanied by receipts, vouchers, and other documents as necessary to reasonably establish the Consultant's right to payment of the Compensation stated in the invoice. In addition, each invoice must include (a) employee classifications, rates per hour, and hours worked by each classification and, if the Project is to be performed in separate phases, for each phase, (b) total amount billed in the current period and total amount billed to date and, if the Project is to be performed in separate phases, for each phase, and (c) the estimated percent completion of the Project and, if the Project is to be performed in separate phases, for each phase. -2- EXHIBIT A Page 11 of 51 City of Des Plaines Professional Services Master Contract Professional Engineering Services 2.3 Taxes. The Compensation includes applicable federal, State of Illinois, and local taxes of every kind and nature applicable to the services provided by the Consultant and all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or other similar benefits. The Consultant will never have a claim or right to claim additional compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or fees. 2.4 Final Payment. A Project, or a phase of a Project, will be considered complete on the date of final written acceptance by the City of the Services or the relevant phase of the Services. Services related to a submission of the Consultant will be deemed accepted by the City if the City does not object to those Services in writing within 30 days after the submission by the Consultant of an invoice for final acceptance and payment. The City will make final payment to the Consultant within 30 days after final acceptance of the Services and any Project -Specific Compensation, after deducting therefrom charges, if any, as provided in this Master Contract or the relevant Task Order ("Final Payment"). The acceptance by the Consultant of Final Payment will operate as a full and complete release of the City by the Consultant of and from any and all lawsuits, claims, or demands for further payment of any kind for the Services encompassed by the Final Payment. 2.5 Deductions. Notwithstanding any other provision of this Master Contract, the City may deduct and withhold from any payment or from Final Payment such amounts as may reasonably appear necessary to compensate the City for any loss due to (1) Services that are defective, nonconforming, or incomplete, (2) liens or claims of lien, (3) claims against the Consultant or the City made by any of the Consultant's sub -consultants or suppliers or by other persons about the Services, regardless of merit, (4) delay by the Consultant in the completion of the Services, (5) the cost to the City, including without limitation reasonable attorneys' fees, of correcting any of the matters stated in this Section or exercising any one or more of the City's remedies set forth in Section 8.3 of this Master Contract. The City will notify the Consultant in writing given in accordance with Section 9.10 of this Master Contract of the City's determination to deduct and withhold funds, which notice will state with specificity the amount of, and reason or reasons for, such deduction and withholding. 2.6 Use of Deducted Funds. The City will be entitled to retain any and all amounts withheld pursuant to Section 2.5 above until the Consultant either has performed the obligations in question or has furnished security for that performance satisfactory to the City. The City will be entitled to apply any money withheld or any other money due to the Consultant to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, and reasonable attorneys' fees (collectively "Costs") incurred, suffered, or sustained by the City and chargeable to the Consultant under this Contract. 2.7 Keeping Books and Accounts. The Consultant must keep accounts, books, and other records of all its billable charges and costs incurred in performing Services in accordance with generally accepted accounting practices, consistently applied, and in such manner as to permit verification of all entries. The Consultant must make all such material available for inspection by the City, at the office of the Consultant during normal business hours during the -3- EXHIBIT A Page 12 of 51 City of Des Plaines Professional Services Master Contract Professional Engineering Services Term and for a period of three years after termination of this Master Contract. Copies of such material must be furnished to the City at the City's request and expense. ARTICLE 3. PERFORMANCE OF PROJECT AND SERVICES 3.1 Standard of Performance. The Consultant must perform the Services in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the Chicago Metropolitan Region (the "Standard of Performance"). All Services must be free from defects and flaws, must conform to the requirements of this Master Contract and applicable Task Order, and must be performed in accordance with the Standard of Performance. The Consultant is fully and solely responsible for the quality, technical accuracy, completeness, and coordination of all Services, unless specifically provided otherwise in a Task Order. 3.2 Correction of Defects. The Consultant must provide, for no additional Compensation and at no separate expense to the City, all work required to correct any defects or deficiencies in the performance of Services, regardless of whether the defect or deficiency relates to the work of the Consultant or of the Consultant's sub -consultants or suppliers, so long as that notice of the defects is given by the City to the Consultant within two years after completion of the Services. 3.3 Risk of Loss. The Consultant bears the risk of loss in providing all Services. The Consultant is responsible for any and all damages to property or persons caused by any Consultant error, omission, or negligent act and for any losses or costs to repair or remedy any work undertaken by the City based on the Services as a result of any such error, omission, or negligent act. Notwithstanding any other provision of this Master Contract or any Task Order, the Consultant's obligations under this Section 3.3 exist without regard to, and may not be construed to be waived by, the availability or unavailability of any insurance, either of the City or the Consultant, to indemnify, hold harmless, or reimburse the Consultant for damages, losses, or costs. 3.4 Opinions of Probable Cost. The Parties recognize that neither the Consultant nor the City has control over the costs of labor, materials, equipment, or services furnished by others or over competitive bidding, market or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, any opinions of probable costs provided under this Master Contract or a Task Order are considered to be estimates only, made on the basis of the Consultant's experience and qualifications, and those opinions represent the Consultant's best judgment as an experienced and qualified professional, familiar with the industry. The Consultant does not guaranty that proposals, bids, or actual costs will not vary from the opinions prepared by the Consultant. 3.5 Responsibility for Work by Contractors. Except as provided in a Task Order, and subject to the next sentence of this Section 3.5, the Consultant is not responsible for a contractor's construction means, methods, techniques, sequences or procedures, time of performance, compliance with law, or safety precautions and programs, and the Consultant does not guarantee the performance of a contractor. Nothing in the previous sentence may be -4- EXHIBIT A Page 13 of 51 City of Des Plaines Professional Services Master Contract Professional Engineering Services construed or applied to limit the responsibility of the Consultant to properly perform, or the liability of the Consultant for failure to properly perform, all of the Services required by the Consultant under this Master Contract or a Task Order, which Services may include contract and work oversight, inspections of work performed by a contractor, contract compliance services, and similar services. 3.6 City Responsibilities. Except as provided in this Master Contract or in a Task Order, the City, at its sole cost and expense, will have the following responsibilities: (a) To designate a person with authority to act as the City's representative on each Project. In the absence of a written designation, the City's representative will be the City's Director of Public Works and Engineering. The City's representative will have the authority to act on behalf of the City as provided in a Task Order, except on matters that require approval of the City Council. (b) To provide to the Consultant all criteria and information about the requirements for a Project or Services, including, as relevant, the City's objectives and constraints, schedule, space, capacity and performance requirements, and budgetary limitations. (c) To provide to the Consultant existing studies, reports, and other available data relevant to a Project. (d) To arrange for access to, and make provisions for the Consultant to enter on, public and private property as reasonably required for a Project. (e) To provide, as relevant, surveys describing physical characteristics, legal limitations, and utility locations for a Project and the services of other consultants when the services of other consultants are requested by the Consultant and are necessary for the performance of the Services. (f) To provide structural, mechanical, chemical, air and water tests, tests for hazardous materials, and other laboratory and environmental tests, inspections, and reports required by law to be provided by the City in connection with a Project, except the extent such tests, inspections, or reports are part of the Services. (g) To review reports, documents, data, and all other information presented by the Consultant as appropriate. (h) To provide approvals from all governmental authorities having jurisdiction over a Project when requested by the Consultant, except the extent such approvals are part of the Services. (i) To provide, except as provided under Article 5 and Article 6 of this Master Contract, all accounting, insurance, and legal services as may be necessary from time to time in the judgment of the City to protect the City's interests with respect to a Project. (j) To attend Project -related meetings. -5- EXHIBIT A Page 14 of 51 City of Des Plaines Professional Services Master Contract Professional Engineering Services (k) To give prompt written notice to the Consultant whenever the City observes or otherwise becomes aware of any development that affects the scope or timing of Services, except that the inability or failure of the City to give any such a notice will not relieve the Consultant of any of its responsibilities under this Master Contract or any Task Order. 3.7 Time of the Essence. Time is of the essence for each Project and all activities with regard to the performance of a Project. 3.8 Suspension of Services, Project. The City, at any time and for any reason, may suspend work on any or all Services or Project by issuing a written work suspension notice to the Consultant. The Consultant must stop the performance of all Services within the scope of the suspension notice until the City directs the Consultant in writing to resume performance. ARTICLE 4. TASK CHANGE ORDERS; DELAYS 4.1 Task Change Orders. The City, from time to time, may issue a written order modifying or otherwise changing the scope of the Services included in a Task Order (a "Task Change Order") provided, however, that any Task Change Order in an amount exceeding $10,000 must be approved by the City Council. The Task Change Order will be generally in the form attached to and by this reference incorporated into this Master Contract as Attachment C. The Consultant may request a Task Change Order based on a material change to a Project or any Services required as part of a Project. A Task Change Order may include additions to and deletions from the Services and will include any equitable increases or decreases to the Compensation for the Project. 4.2 Revision Notices. Within 10 days after the date of a Task Change Order, and in any event before the Consultant begins work on any changed Services, the Consultant must notify the City in writing if the Consultant desires a revision to the Task Change Order (a "Revision Notice"). The Revision Notice must clearly state the Consultant's requested revisions and the reasons for the revisions. If the City agrees to any revision, then the City will issue a revised Task Change Order in a form acceptable to the Parties. If the Consultant does not submit a Revision Notice within the 10 -day period, then the Consultant will be deemed to have accepted the Task Change Order and the Task Change Order will be final. 4.3 Disagreements over Task Change Order Terms. If the City and the Consultant cannot agree on the proposed revisions to the Compensation or Project Schedule terms of a Task Change Order, then the Parties will apply the dispute resolution provisions of this Master Contract in order to reach agreement. In that event, the Consultant must proceed diligently with the revised Services as directed by City pending resolution of the disagreement. The Consultant will be compensated equitably for the work the Consultant undertakes during the disagreement resolution process. 4.4 No Change in Absence of Task Change Order. No claim for an adjustment in Compensation or Project Schedule will be made or allowed unless it is embodied in a Task Change Order signed by the City and the Consultant. If the Consultant believes it is entitled to an adjustment in the Compensation or Project Schedule terms that has not been included, or fully -6- EXHIBIT A Page 15 of 51 City of Des Plaines Professional Services Master Contract Professional Engineering Services included, in a Task Change Order, then the Consultant may submit to the City a written request for the issuance of, or revision of, a Task Change Order including the desired adjustment. The Consultant's request must be submitted before the Consultant proceeds with any Services for which an adjustment is desired. 4.5 Delays. If a delay in providing Services results from one or more causes that could not be avoided or controlled by the Consultant, then the Consultant may be entitled to an extension of the Project Schedule for a period of time equal to that delay, or an adjustment in Compensation for extra costs related to the delay, or both. The Consultant must notify the City in writing within 10 days after the start of the delay and again in writing within 10 days after the delay has ended (the "Delay Period"). The first notice must state the cause or causes of the delay and the impact of the delay on providing Services. The second notice must state the cause or causes of the delay, the length of the day, the reasons why the delay disrupted performance of the Services and the Consultant's request, if any, for a change in Compensation or Project Schedule. If the Consultant fails to submit notices as provided in this Section 4.5, then the Consultant will be deemed to have waived any right to an adjustment in Compensation for the Services. ARTICLE 5. INSURANCE 5.1 Insurance. The Consultant must procure and maintain, for the duration of this Master Contract, insurance as provided in this Article 5. 5.2 Scope of Coverage. (a) Commercial General Liability. Insurance Services Office Commercial General Liability occurrence form CG 0001, on a form at least as broad as the attached sample endorsement including ISO Additional Insured Endorsement CG 2010 (Exhibit A), CG 2026(Exhibit B). (b) Automobile Liability. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any Auto." (c) Professional Liability. Indemnification and defense for injury or damage arising out of negligent acts, errors, or omissions in providing professional services. (d) Workers' Compensation and Employers' Liability. Workers' Compensation as required by the Workers' Compensation Act of the State of Illinois and Employers' Liability insurance. 5.3 Minimum Limits of Coverage. (a) Commercial General Liability. $1,000,000 combined single limit per occurrence for bodily injury and for property damage and $1,000,000 per occurrence for personal injury. The general aggregate must be twice the required occurrence limit. Minimum General Aggregate must be no less than $2,000,000 or a project -contract specific aggregate of $1,000,000. -7- EXHIBIT A Page 16 of 51 City of Des Plaines Professional Services Master Contract Professional Engineering Services (b) Business Automobile Liability. $1,000,000 combined single limit per accident for bodily injury and property damage. (c) Workers' Compensation and Employers' Liability. Workers' Compensation Coverage with statutory limits and Employers' Liability limits of $500,000 per accident. (d) Professional Liability. $1,000,000 each claim with respect to negligent acts, errors, and omissions in connection with all professional services to be provided under this Master Contract and any Task Order, with a deductible not -to -exceed $150,000 without prior written approval. 5.4 Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer must reduce or eliminate such deductibles or self-insured retentions with respect to the City and its officials, employees, agents, and representatives or the Consultant must procure a bond guaranteeing payment of losses and related investigation, claim administration, and defense expenses. This provision does not apply to Paragraph 5.3(d) above. 5.5 Additional Requirements. The insurance policies must contain, or be endorsed to contain, the following provisions: (a) Commercial General Liability and Automobile Liability Coverage. The City and its officials, employees, agents, and representatives must be covered as additional insured as respects: liability arising out of the Consultant's work, including without limitation activities performed by or on behalf of the Consultant and automobiles owned, leased, hired, or borrowed by the Consultant. Coverage must contain no special limitations on the scope of protection afforded to the City or its officials, employees, agents, and representatives. (b) Primary Coverage. The insurance coverage must be primary with respect to the City and its officials, employees, agents, and representatives. Any insurance or self-insurance maintained by the City and its officials, employees, agents, and representatives will be excess of the Consultant's insurance and will not contribute with it. (c) Reporting Failures. Any failure to comply with reporting provisions of any policy must not affect coverage provided to the City and its officials, employees, agents, and representatives. (d) Severability of Interests/Cross Liability. The insurance must contain a Severability of Interests/Cross Liability clause or language stating that the insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ability. (e) Umbrella Policies. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the Consultant must name the City and its officials, employees, agents, and representatives as additional insureds under the umbrella policy. -s- EXHIBIT A Page 17 of 51 City of Des Plaines Professional Services Master Contract Professional Engineering Services (0 Occurrence Form. All general liability coverage must be provided on an occurrence policy form. Claims -made general liability policies are not acceptable. (g) Workers' Compensation and Employers' Liability Coverage. The insurer must agree to waive all rights of subrogation against the City and its officials, employees, agents, and representatives for losses arising from work performed by the Consultant. (h) Professional Liability. If the policy is written on a claims -made form, the retroactive date must be equal to or preceding the effective date of this Master Contract. If the policy is cancelled, non -renewed, or switched to an occurrence form, then the Consultant must purchase supplemental extending reporting period coverage for a period of not less than three years. (i) All Coverage. Each insurance policy required by this clause must be endorsed to state that coverage will not be suspended, voided, cancelled, or reduced in coverage or in limits except after 30 days prior written notice to the City by certified mail, return receipt requested. (j) Acceptability of Insurers. Unless specifically approved in writing in advance by the City, all insurance must be placed with insurers with a Best's rating of no less than A-, VII. All insurers must be licensed to do business in the State of Illinois. 5.6 Verification of Coverage. The Consultant must furnish the City with certificates of insurance naming the City and its officials, employees, agents, and representatives as additional insureds and with original endorsements affecting coverage required by this Article 5. The certificates and endorsements for each insurance policy must be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements may be on forms provided by the City and in any event must be received and approved by the City before any work commences. Other additional -insured endorsements may be utilized, if they provide a scope of coverage at least as broad as the coverage stated on the ISO Additional Insured Endorsements CG 2010 or CG 2026. The City reserves the right to request a full certified copy of each insurance policy and endorsement. 5.7 Sub -Consultants and Suppliers. The Consultant must include all sub -consultants as insureds under its policies or must furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors are subject to all of the requirements stated in this Article 5, except its professional liability policy. ARTICLE 6. INDEMNIFICATION 6.1 Agreement to Indemnify. To the fullest extent permitted by law, the Consultant hereby agrees to indemnify and, at the City's request, defend the City and its officials, employees, agents, and representatives (collectively the "Indemnified Parties") as follows: (a) Against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs, and expenses (collectively "Professional Liability Claims"), that may in any way accrue against the Indemnified Parties or any one of them arising in whole, or in part, or in consequence of the negligent performance of any professional Services by the Consultant or its -9- EXHIBIT A Page 18 of 51 City of Des Plaines Professional Services Master Contract Professional Engineering Services employees or sub -consultants or that may in any way result therefrom, except only Claims arising out of the sole legal cause of the City; and (b) Against all injuries, deaths, loss, damages, claims, suits, liabilities, judgments, costs, and expenses (collectively "General Liability Claims"), that may in any way accrue against the Indemnified Parties or any one of them arising in whole, or in part, or in consequence of the negligent act or omission of the Consultant or its employees or sub -consultants other than any professional Service or that may in any way result therefrom, except only General Liability Claims arising out of the sole legal cause of the City. 6.2 Notice of Claim to Consultant. The City must provide notice of a Claim to the Consultant within 10 business days after the City acquires knowledge of that Claim. 6.3 No Limit Based on Insurance. The Consultant expressly acknowledges and agrees that any performance bond or insurance policy required by this Contract, or otherwise provided by the Consultant, will in no way limit the responsibility to indemnify and defend the Indemnified Parties or any one of them. 6.4 Withholding Payment. To the extent that any payment is due to the Consultant under this Contract, the City may withhold that payment to protect itself against any loss until all claims, suits, or judgments have been settled or discharged and evidence to that effect has been furnished to the satisfaction of the City. 6.5 Limit on Duty to Indemnify. The Consultant is not required to indemnify an Indemnified Party to the extent a Claim resulted primarily from the negligence or willful misconduct of the Indemnified Party. ARTICLE 7. INFORMAL DISPUTE RESOLUTION 7.1 Dispute Resolution Panel. Any dispute between the City and the Consultant related to this Master Contract or a Task Order will be submitted to a dispute resolution panel comprised of two representatives of each Party who have been given the authority to agree to a resolution of the dispute. The panel may meet or may conduct its discussions by telephone or other electronic means. If the panel has failed to convene within two weeks after the request of either Party, or is unable to resolve the dispute within 30 days, then either Party may exercise any other rights it has under this Master Contract. 7.2 Communications in Nature of Settlement. All communications between the Parties in connection with the attempted resolution of a dispute will be confidential and will deemed to have been delivered in furtherance of dispute settlement and thus will be exempt from discovery and production, and will not be admissible in evidence whether as an admission or otherwise, in any arbitration, judicial, or other proceeding for the resolution of the dispute. 7.3 Performance of Services. During the dispute resolution process, the Consultant must proceed diligently with the performance of Services. -10- EXHIBIT A Page 19 of 51 City of Des Plaines Professional Services Master Contract Professional Engineering Services ARTICLE 8. TERMINATION 8.1 Master Contract is At -Will. This Master Contract is at -will and may be terminated by the City at any time at the City's convenience, without reason or cause. If the City terminates this Master Contract without reason or cause, then the Consultant will be entitled to Compensation for all Service performed by the Consultant up to the date of termination. The Consultant is not entitled to compensation of any kind, including without limitation for lost profit, for any Services not performed by the Consultant. 8.2 Termination by City for Breach. The City at any time, by written notice, may terminate this Master Contract and any Task Order on account of breach by the Consultant and failure of the Consultant to cure the breach within 10 days after that written notice or such further time as the City may agree, in the City's sole discretion, in response to a written notice from the Consultant seeking additional time to cure. "Breach" by the Consultant includes (a) failure of the Consultant to adhere to any terms or conditions of this Master Contract or any Task Order, (b) failure of the Consultant to properly perform Services, (c) or failure of the Consultant to maintain progress in the performance of Services so as to endanger proper performance of the Project within the Project Schedule, (d) failure of the Consultant to have or maintain adequate financial or legal capacity to properly complete a Project or any Services. 8.3 City Remedies. If the City terminates this Master Contract or any Task Order for Breach by the Consultant, then the City will have the right, at its election and without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies: (a) The City may recover from the Consultant any and all costs, including without limitation reasonable attorneys' fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. (b) The City may withhold any or all outstanding Compensation under any Task Order to reimburse itself or pay for any and all costs, including without limitation reasonable attorneys' fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. In that event, the City will pay any excess funds to the Consultant, if any, after all of the City's costs are reimbursed or paid. If the Compensation withheld by the City is insufficient to reimburse the City for, or pay, all costs, then the City will has the right to recover directly from the Consultant a sum of money sufficient to reimburse itself, or pay, all remaining costs. 8.4 Termination for Convenience. If, after termination of this Master Contract by the City for breach, it is determined that the Consultant was not in breach or that the termination otherwise was irregular or improper, then the termination shall be deemed to have been made for the convenience of the City under Section 8.1 of this Master Contract. 8.5 Termination by Consultant for Breach. The Consultant at any time, by written notice, terminate this Master Contract on account of failure by the City to properly pay the Consultant and failure of the City to cure the breach within 10 days after that written notice or -11- EXHIBIT A Page 20 of 51 City of Des Plaines Professional Services Master Contract Professional Engineering Services such further time as the Consultant may agree, in the Consultant's sole discretion, in response to a written notice from the City seeking additional time to cure. 8.6 Termination by Consultant without Cause. The Consultant may terminate this Master Contract without cause on 30 days written notice to the City, except that no such termination will become effective until after the Consultant has completed, and the City has approved and accepted, all Projects for which Task Orders have been issued and all Services related to those Projects. ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS 9.1 Consultant as Independent Consultant. For purposes of this Contract, the Consultant is an independent consultant and is not, and may not be construed or deemed to be an employee, agent, or joint venturer of the City. 9.2 Compliance with Laws; Communications with Regulators. The Consultant must comply with all statutes, ordinances, codes, and regulations applicable to the Services. Except to the extent expressly set forth in this Master Contract or a Task Order, the Consultant may not communicate directly with applicable governmental regulatory agencies with regard to Services without prior express authorization from the City. The Consultant must direct inquiries from governmental regulatory agencies to the City for appropriate response. 9.3 Consultant Payments; Waivers of Liens. The Consultant must pay promptly for all services, labor, materials, and equipment used or employed by the Consultant in the performance of any Services and must not cause any materials, equipment, structures, buildings, premises, and property of the City to be impressed with any mechanic's lien or other liens. The Consultant, if requested, must provide the City with reasonable evidence that all services, labor, materials, and equipment have been paid in full and with waivers of lien as appropriate. 9.4 Permits and Licenses. Unless otherwise provided in a Task Order, the Consultant must obtain and pay for all permits and licenses, registrations, qualifications, and other governmental authorizations required by law that are associated with the Consultant's performance of Services. 9.5 Safety; Hazardous Materials. (a) Protection of Health, Environment. The Consultant's personnel must be experienced and properly trained to perform the Services and must take adequate precautions to protect human health and the environment in the performance of Services. (b) Notice of Hazardous Conditions. If the Consultant observes a potentially hazardous condition relating to the Services, the Consultant must bring that condition to the attention of the City. (c) Hazardous Materials. The Consultant acknowledges that there may be hazardous substances, wastes, or materials as defined by applicable Law ("Hazardous Materials") at a -12- EXHIBIT A Page 21 of 51 City of Des Plaines Professional Services Master Contract Professional Engineering Services Project site or otherwise associated with Services, and the Consultant under those circumstances must take appropriate precautions to protect its employees, sub -consultants, and suppliers. 9.6 Intellectual Property. The Consultant may not infringe on any intellectual property (including but not limited to patents, trademarks, or copyrights) (collectively "Intellectual Property") in the performance of Services. If ever the Consultant is alleged to have infringed on any Intellectual Property, then, in addition to the Consultant's obligations to indemnify Indemnified Parties under this Master Contract, the Consultant also, at the sole discretion of the City and at the Consultant's sole expense (a) procure for the City the right to continue using the infringing subject matter, or (b) replace or modify the infringing subject matter so that it becomes non -infringing but still complies with the requirements of this Master Contract and the relevant Task Order, or (c) reimburse the City for all payments made to the Consultant relating to or impacted by the infringing material and all costs incurred by City resulting from such infringement. 9.7 Confidential Information. All information and data disclosed by the City and developed or obtained under this Master Contract must be treated by the Consultant as proprietary and confidential information ("Confidential Information"). The Consultant must not disclose Confidential Information without the City's prior written consent. No person may use Confidential Information for any purpose other than for the proper performance of Services. The obligations under this Section 9.7 does not apply to Confidential Information that is (i) in the public domain without breach of this Contract, (ii) developed by the Consultant independently from this Master Contract, (iii) received by the Consultant on a non -confidential basis from others who had a right to disclose the information, or (iv) required by law to be disclosed, but only after prior written notice has been received by City and City has had a reasonable opportunity to protect disclosure of the Confidential Information. The Consultant must ensure that the foregoing obligations of confidentiality and use extend to and bind the Consultant's sub - consultants and suppliers. 9.8 Ownership of Data and Documents. All data and information, regardless of its format, developed or obtained under this Master Contract (collectively "Data"), other than the Consultant's confidential information, will be and remain the sole property of the City. The Consultant must promptly deliver all Data to the City at the City's request. The Consultant is responsible for the care and protection of the Data until that delivery. The Consultant may retain one copy of the Data for the Consultant's records subject to the Consultant's continued compliance with the provisions of this Article. 9.9 Copyrights and Patents. The Consultant agrees not to assert, or to allow persons performing under the Consultant's control to assert, any rights to Data or establish any claim under design, patent, or copyright laws. It is expressly agreed that all copyrightable or patentable Data produced as part of Services has been specifically commissioned by the City and is considered "work for hire," and that all copyrightable and other proprietary rights in that Data will vest solely in the City. Further, the Consultant agrees that all rights under copyright and patent laws under this Master Contract belong to the City. The Consultant hereby assigns any and all rights, title, and interests under copyright, trademark, and patent law to the City and agrees to assist the City in perfecting the same at the City's expense. -13- EXHIBIT A Page 22 of 51 City of Des Plaines Professional Services Master Contract Professional Engineering Services 9.10 Notices. Any notice or communication required by this Master Contract will be deemed sufficiently given if in writing and when delivered personally or upon receipt of registered or certified mail, postage prepaid, with the U.S. Postal Service and addressed as follows: If to the City: City of Des Plaines Public Works and Engineering Department 1420 Miner Street Des Plaines, Illinois 60016 Attn: Jon Duddles, P.E., CFM If to the Consultant: with a copy to: City of Des Plaines 1420 Miner Street Des Plaines, Illinois 60016 Attn: City Manager with a copy to: Attn: Attn: or to such other address as the party to whom notice is to be given has furnished in writing. 9.11 No Waiver by City. No act, order, approval, acceptance, or payment by the City, nor any delay by the City in exercising any right under this Master Contract, will constitute or be deemed to be an acceptance of any defective, damaged, flawed, unsuitable, nonconforming, or incomplete Services or operate to waive any requirement or provision of this Master Contract or any remedy, power, or right of the City. 9.12 No Third -Party Beneficiaries. This Master Contract is for the benefit of the City and the Consultant only and there can be no valid claim made or held against the City or the Consultant by any third party to be a beneficiary under this Master Contract. 9.13 Survival of Terms. The following sections will survive the termination of this Master Contract: 2.7, 3.2, 6.1, 8.4, 9.7, 9.8, and 9.9. 9.14 Assignments. The Consultant may not assign or transfer any term, obligation, right, or other aspect of this Master Contract without the prior express written consent of the City. If any aspect of this Master Contract is assigned or transferred, then the Consultant will remain responsible to the City for the proper performance of the Consultant's obligations under this Master Contract. The terms and conditions of any agreement by the Consultant to assign or transfer this Master Contract must include terms requiring the assignee or transferee to fully comply with this Master Contract unless otherwise authorized in writing by the City. 9.15 Amendments. This Master Contract may be amended only in writing executed by the City and the Consultant. 9.16 Governing Law. The validity, construction, and performance of this Master Contract and all disputes between the parties arising out of or related to this Contract will be -14- EXHIBIT A Page 23 of 51 City of Des Plaines Professional Services Master Contract Professional Engineering Services governed by the laws of the State of Illinois without regard to choice or conflict of law rules or regulations. 9.17 Compliance with Laws, Grant Regulations. All Services must be provided, performed, and completed in accordance with all required governmental permits, licenses, or other approvals and authorizations, and with applicable statutes, ordinances, rules, and regulations. The Consultant also must comply with applicable conditions of any federal, state, or local grant received by the City with respect to this Master Contract or any Task Order. The Consultant will be solely responsible for any fines or penalties that may be imposed or incurred by a governmental agency with jurisdiction over the Services as a result of the Consultant's improper performance of, or failure to properly perform, any Services. 9.18 Representation of No Conflicts. The Consultant represents that (1) no City employee or agent is interested in the business of the Consultant or this Master Contract, (2) as of the Effective Date neither the Consultant nor any person employed or associated with the Consultant has any interest that would conflict in any manner or degree with the performance of the obligations under this Master Contract, and (3) neither the Consultant nor any person employed by or associated with the Consultant may at any time during the Term obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Master Contract. 9.19 No Collusion. The Consultant represents that the Consultant is not barred from contracting with a 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 Consultant is properly contesting its liability for the tax or the amount of the tax or (2) a violation of either Section 33E-3 or Section 33E-4 or Article 33E of the Criminal Code of 1961, 720 ILCS 5/22E-1 et seq. The Consultant represents that the only persons, firms, or corporations interested in this Contract as principals are those disclosed to the City prior to the execution of this Master Contract and that this Master Contract is made without collusion with any other person, firm, or corporation. WHEREFORE, the City and the Consultant have caused this Master Contract to be executed by their duly authorized representatives as of the Effective Date. CITY OF DES PLAINES Civiltech Engineering, Inc. By: By: Name: Michael G. Bartholomew Name: Title: City Manager Title: -15- EXHIBIT A Page 24 of 51 City of Des Plaines Professional Services Master Contract Professional Engineering Services ATTACHMENT A TASK ORDER In accordance with Section 1.2 of the Master Contract dated , 20 between the City of Des Plaines (the "City") and Civiltech Engineering, Inc. (the "Consultant"), the Parties agree to the following Task Number 1. Contracted Services: 2. Project Schedule (attach schedule if appropriate): 3. Project Completion Date: All Contracted Services must be completed on or before: , 20 4. Project Specific Pricing (if applicable): 5. Additional Changes to the Master Contract (if applicable): ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED [signature page follows] -1- EXHIBIT A Page 25 of 51 City of Des Plaines Professional Services Master Contract Professional Engineering Services CITY CONSULTANT Signature Director of Public Works And Engineering Signature Name (Printed or Typed) , 20 , 20 Date Date If greater than, $12,500j, the City Manager's signature is required. Signature City Manager , 20 Date If compensation greater than $[10,000]. then the City Council must approve the Services Change Order in advance and the City Manager or Mayor's signature is required. Signature City Manager , 20 Date -2- EXHIBIT A Page 26 of 51 City of Des Plaines Professional Services Master Contract Professional Engineering Services ATTACHMENT B PRICING SCHEDULE The City shall pay Consultant as compensation for Services ("Compensation"). A Scope of Work detailing the Services and an associated Not -To -Exceed amount will be defined for each Task Order. Compensation up to the Not -To -Exceed amount for each Task Order shall be based on the actual hours worked on the project by Civiltech staff times the appropriate category's billing rate as shown below, plus the approved IDOT overhead, profit, plus reimbursable direct costs including travel costs, printing and reproduction, communications and postage, field testing equipment costs, CADD charges, and software usage fees. If Civiltech staff outside these categories is required, additional rate categories may be negotiated as part of the Task Order. Reimbursable direct costs shall be billed at cost with no mark-up. Civiltech Actual Hourly Billing Rates -2014 (does not include overhead rate or profit) Principal Senior Project Mgr/Lead Engr Chief Structural Engineer Water Resources Manager Project Manager Sr. Structural Engineer Project Coordinator Resident Engineer Sr. Project Engineer Project Engineer Field Engineer/Technician Structural Engineer Design Engineer II Design Engineer I Senior Design Technician Design Technician $45 — $70 $45—$70 $45 — $70 $45 — $70 $40 — $70 $35 — $65 $35 — $60 $35—$70 $35 — $45 $29 — $38 $20 — $35 $25 — $50 $26 — $33 $25 — $30 $30 — $40 $18 — $30 Historic Preservationist Director of Valuation Services Appraiser CAD Manager Manager of IT Services Technical Manager GIS Specialist Director of Finance General Accountant Director of Human Resources Marketing Coordinator Graphic Designer Administrative Assistant Billing rates for subsequent years will be adjusted to reflect annual salary rate adjustments. $30 — $60 $45 — $70 $15 — $30 $30 — $55 $30 — $55 $30 — $45 $22 — $29 $45 — $70 $25 — $45 $45—$70 $20 — $35 $20 — $35 $10 — $26 -3- EXHIBIT A Page 27 of 51 City of Des Plaines Professional Services Master Contract Professional Engineering Services ATTACHMENT C TASK CHANGE ORDER FOR TASK NUMBER In accordance with Section 4.1 of the Master Contract dated , 20 between the City of Des Plaines (the "City") and (the "Consultant"), the Parties agree to the following Task Change Order for Task Number 1. Change in Contracted Services: 2. Change in Project Schedule (attach schedule if appropriate): 3. Change in Project Completion Date: All Contracted Services must be completed on or before , 20 4. Change in Compensation: 5. Change in Project Specific Pricing (if applicable). ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN UNCHANGED [signature page follows] -1 - Task Change Order: Task Number EXHIBIT A Page 28 of 51 City of Des Plaines Professional Services Master Contract Professional Engineering Services CITY CONSULTANT Signature Director of Public Works And Engineering Signature Name (printed or typed) , 20 , 20 Date Date If compensation increase greater than $12,500J, then the City Manager's signature is required. Signature City Manager , 20 Date If compensation greater than $l10,000J, then the City Council must approve the Services Change Order in advance and the City Manager or Mayor's signature is required. Signature City Manager , 20 Date #10250753 v1 -2- Task Change Order: Task Number EXHIBIT A Page 29 of 51 TASK ORDER NO. 1 TO MASTER CONTRACT BETWEEN THE CITY OF DES PLAINES AND CIVILTECH ENGINEERING, INC. FOR PROFESSIONAL SERVICES In accordance with Section 1.2 of the Master Contract dated August 18, 2014 between the City of Des Plaines (the "City") and Civiltech Engineering, Inc., 450 East Devon Avenue, Suite 300, Itasca, IL 60143 (the "Consultant"), the Parties agree to the following Task Number 1: 1. Contracted Services: The Consultant will perform the Phase I Engineering and Phase II Engineering services described in the "Scope of Services" prepared by the Consultant and attached to this Task Order. 2. Project Schedule (attach schedule if appropriate): 3. Project Completion Date: The Consultant will diligently and continuously prosecute the Contracted Services until their completion. 4. Project Specific Pricing (if applicable): In exchange for the Contracted Services, the Consultant will receive compensation in the amounts as set forth in the Compensation Schedule attached to this Task Order, but in no event will the compensation paid to the Consultant exceed $273,481.85. 5. Additional Changes to the Master Contract (if applicable): Not applicable. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED EXHIBIT B Page 30 of 51 CITY CONSULTANT Signature Signature Director of Public Works & Engineering Name (Printed or Typed) , 2014 , 2014 Date Date If greater than, $2,500, the City Manager's signature is required. Signature City Manager , 2014 Date If greater than $10,000, the City Council must approve the Task Order in advance and the City Manager's signature is required. Signature City Manager , 2014 Date #32027766_v2 2 EXHIBIT B Page 31 of 51 Rand Road Sidepath Central Road to Elk Boulevard City of Des Plaines, Illinois SCOPE OF SERVICES Phase I Engineering The proposed improvement will include a sidepath that extends along the south side of Rand Road from Central Road to E Ik Boulevard. This project will include two railroad crossings and the design of two pedestrian signals. The Phase I Engineering for this project will include environm ental and location -design studies needed to develop and refine geometric improvements, evaluate costs and impacts, and undertake coordination with jurisdictional agencies and the public. T he primary objective of the Phase I Engineering St udy is to develop a conceptual im provement plan which provides the desired level of safety and operation, m inimizes impacts to adjacent properties, and which fulfills all of the requirements for processing and funding of this project by the City of Des Plaines, Illinois Department of Transportation (IDOT), and the Federal Highway Administration (FHWA). This Scope of Services assumes that this project will be processed as a Categorical Exclusion Group I with the preparation of a Project Development Report. Following is the proposed scope of services for the Rand Road S idepath: Item 1 - Early Coordination and Data Collection - This work item will include collecting available existing information as follows: a. Collect and review previous studies and existing roadway plans. b. Collect Land Use, Zoning, School District, Park District, etc. maps and plans. c. Obtain public and private utility atlases. d. Perform project area reconnaissance and prepare a photolog. e. Obtain recent digital aerial photography of study area at a scale of 1" = 50'. f. Prepare and process Environmental Survey Request forms (if necessary). g. Prepare Project Program Information (PPI) Form as per IDOT requirements. h. Prepare Initial Coordination Meeting Data Form (BLR 22410) as per IDOT requirements. Item 2 - Field Survey - In order to develop accurate construction costs and right-of-way analysis, a complete design topographic survey will be conducted as part of the project. This survey will include topographic information, cross sections and a drainage and utility survey. Cross sections will also be taken at all intersecting side streets and driveways to aid in the final design. An attempt will be made to recover as many property and/or other survey monuments as can be located. Field survey will be performed by a subconsultant, Compass Surveying, Ltd. and a copy of their qualifications is contained in Exhibit B. Base Sheet Preparation is i ncluded in the Phase II engineering scope of services. EXHIBIT B Page 32 of 51 Item 3 - Alternate Geometric Studies — This item is part of Phase II Engineering Scope of Services. Item 4 — Environmental Studies Wetland -Riparian Submittal Reports and NEPA Support SEC will prepare a Wetland Determination Memorandum confirming that no wetland related permitting is necessary. A preliminary resource review has been conducted, and it is not expected that wetlands are within the project corridor or within 100 feet of the project corridor, per the MWRD WMO. Therefore, wetland delineations are not part of the scope of work. To verify and document this for permitting purposes, however, a wetland investigation will be conducted and a Wetland Determination Memorandum will be prepared. SEC will also prepare a Riparian Environment Memorandum, as a portion of the project corridor is located in a Flood Protection Area. This field investigation will occur concurrently with the wetland investigation. SEC will submit an Ecological Compliance Assessment Tool (EcoCAT) report request to the Illinois Department of Natural Resources (IDNR) for identification of state listed endangered or threatened species and Natural Areas within, adjoining, and adjacent to the Project Corridor. SEC will also prepare the preliminary Section 7 consultation memorandum to the U.S. Fish and Wildlife Service (USFWS) for identification of federal listed endangered or threatened species within, adjoining, and adjacent to the Project Corridor. SEC will work closely with Civiltech to complete IDOT's Wetland Impact Evaluation (WIE) and Environmental Survey Request (ESR) submittals. These reports are also required for MWRD WMO permitting. Tree Survey SEC will conduct an on-site tree survey and to prepare a Tree S urvey Report for the Rand Road Sidepath Project. Tree survey services presented in this proposal include a tagged tree survey of all trees 4 inches diameter at breast height (DBH) and greater, and an inventory tree survey of all trees between 2 inches DBH and 4 inches DBH. Trees will be surveyed in accordance with the appropriate IDOT tree survey methodologies. For permitting scope of work, please see Phase II engineering scope of services. A copy of their qualifications is included in Exhibit D. Item 5 — Section 4(f) Evaluation (If necessary) - If right-of-way acquisition is required from the Forest Preserve District of Cook County (FPDCC) for the implementation of this project, it may be necessary to complete a Section 4(f) Evaluation even if the FPDCC is amenable to the acquisition of the property. However, it has been assumed that a Section 4(f) Evaluation will not be required. EXHIBIT B Page 33 of 51 Item 6 - Drainage Study — Although a formal Location Drainage Study will not be necessary as part of this project, an analysis of the existing drainage patterns, pro posed improvements, and impacts to the existing floodplain will be necessary. The following items will be performed as part of this task. Existing Drainage P Ian a. Prepare General Location Drainage Map. b. Develop watershed divides and identify drainage features. c. Identify outlets and determine interpreted drainage divides. d. Determine base floodplain elevations (includes datum correlation). e. Develop Overall Existing Drainage Plan. Proposed Drainage Plan a. Determine existing and proposed r unoff coefficients. b. Identify and quantify floodplain encroachm ents. c. Investigate compensatory storage areas. (if required, not anticipated) d. Evaluate impacts to existing drainage system and determine modifications to proposed drainage system. e. Identify right-of-way requirement for proposed drainage system. f. Develop Proposed Drainage Plan. (Not anticipated). Item 7 - Draft Project Development Report — This work task will involve integration of project data and engineering studies into a Draft Project Development Report that meets requirements as contained in BLR Form 22211. Specifically this work item will include the following: a. Prepare report exhibits, includi ng a location map, a land use exhibit, existing and proposed typical sections. b. Prepare a detailed construction cost estimate for proposed improvements. c. Write, proofread and edit the Draft PDR. d. Print, bind and deliver Draft PDR. e. Attend review meeting with IDOT and City if required. f. Revise Draft PDR. Item 8 - Agency Coordinatio n - The efficiency and timeliness of executing a project can hinge on the level and frequency of coordination with applicable jurisdictional agencies. In order to avoid delays and costly multiple design revisions, we believe it will be helpful to have regular coordination meetings with all agencies involved. a. Kick-off meeting with City. b. Kick-off meeting with the City and IDOT. c. Meetings with Canadian National Railway, Union Pacific Railroad and ICC (assume 1 meeting each). d. Meetings with FPDCC (if necessary). e. IDOT/FHWA Coordination Meeting. f. Meeting with IDOT to discuss project progress. All meetings will include preparation for, attendance at, and preparation of meeting minutes. Page 34 of 51 Item 9 - Stakeholder Coordination and Public Involvement— There are numerous stakeholders that have a vested interest in the implementation of this project besides the City. Early involvement of the stakeholders in projects of this nature will minimize delays in the project schedule by identifying and addressing any unforeseen concerns. It is recommended that the following coordination occur during the course of the project: a. Stakeholder Meetings — It is anticipated that 2 meetings will be held with the adjacent property owners. Each meeting will include the following items: 1. Preparation of meeting exhibits. 2. Attendance at meetings. 3. Preparation of meeting summaries. b. Public Information Meeting 1. Preparation of public meeting newspaper advertisements. 2. Preparation of public meeting brochure, comment forms and sign -in sheets. 3. Preparation of public meeting exhibits. 4. Dry run with City staff. 5. Revisions to presentation m aterials based on dry run. 6. Attendance at public meeting. 7. Preparation of public meeting transcript (by court reporter). 8. Preparation of meeting summary and disposition of comments. c. Public Hearing — At this time, it is uncertain as to whether or not a Publi c Hearing will be required for this project. Typically, a holding a formal hearing would not be required due to the small number of affected property owners. However, if it is determined that there are impacts to Section 4(0 properties, it will be necessary to hold a Public Hearing. Therefore, this item will include everything required to conduct a formal public hearing in an Open House format. 1. Preparation of public hearing newspaper advertisements. 2. Preparation of public hearing brochure, comment forms and sign -in sheets. 3. Preparation of public hearing exhibits. 4. Dry run with City staff. 5. Revisions to presentation m aterials based on dry run. 6. Attendance at public hearing. 7. Preparation of public hearing transcript (by court reporter). 8. Preparation of meeting summary and disposition of comments. EXHIBIT B Page 35 of 51 Item 10 - Final Project Development Report - Based on the outcome of the draft report review and municipal input, the final Project Development Report will be prepared and printed. Design Approval would be requested from IDOT. This work item will include the following tasks: a. Revise draft PDR exhibits. b. Revise construction cost estimate for improvements. c. Revise draft PDR report, proofread and edit. d. Print, bind and deliver final PDR Report. e. Preparation and publication of Design Approval legal notices. Item 11 - Supervision, Administration and Project Coordination - This item includes project setup, monthly invoicing and preparation of status reports, quarterly client coordination m eetings as needed and in-house coordination meetings. This item also includes implementation of Civiltech's quality control/quality assurance in-house review process. Phase II Engineering Civiltech will provide the necessary engineering tasks as outlined in the Request for Qualifications for the completion and implementation of the Phase II contract documents for the Rand Road Sidepath. We intend to coordinate closely with the City's Engineering Department staff and other permitting agencies to accom plish the desired im provement. The heart of the design will focus on the following key tasks: • The design of the proposed sidepath includi ng measures providing safe crossings at intersection roadways and railroads, as well as grading and drainage design that w ill focus on limiting the impacts to the existing terrain and adj acent parcels. • Securing the required permits in a timely fashion (IDOT and MWRD). • Continual input and review from the City Engineering Staff. The Phase II design engineering services will consist of the preparation of contract plans and specifications in sufficient detail to secure competitive bids and complete the proposed sidepath improvements. In addition, a detailed Engineer' s Estimate of Cost, as well as Estimate of Construction Time, will be prepared. Contract plans will conform to the City's standards, and shall meet the requirements of the Illinois Department of Transportation (IDOT) and the Federal Highway Administration (FHWA). The following major work items will likely be required to complete the design phase of the project: Item 1 — Preliminary (65%) Engineering a. Preliminary Utility Company Coordination - We will send letters to the utility companies within the project limits requesting copies of their utility atlases. The information collected will be incorporated into the project base drawing, and used for further coordination as outlined at the Pre -Final Plans stage. Page 36 of 51 b. Plan Base Sheet Preparation - Base sheets will be prepared for use during the contract plan preparation. The preparation of the base sheets will include identification and plotting of all existing utilities within the project limits. After the base sheets have been prepared, the designers will perform a plan -in -hand field check during which we will verify the completeness and accuracy of the survey while familiarizing ourselves with the project area and any special conditions in the field. c. Alternate Geometric Studies - A preliminary investigation of the proposed sidepath alignment and profile will be conducted to determine impacts to the area. Geometrics will meet City of Des Plaines, American Association of State Highway Transportation Officials (AASHTO), and IDOT design criteria or, where not feasible, justifications for design deviations will be developed. The studies will include: • Preparation of preliminary horizontal geometrics on topograph ic base sheets for up to three alternatives for providing a continuous sidepath along the south side of Rand Road. • Define vertical sidepath geometrics including preliminary analysis of proposed cross-sections for the sidepath. • Identification of right-of-way acquisition and grad ing easement limits. • Submittal of preliminary geometrics to City of Des Plaines for review. • Refine horizontal and vertical geometrics based upon review comments. d. Traffic Signal Design - This item includes the necessary tasks for preparing traffic signal design for necessary pedestrian crossing improvements along the project corridor. We anticipate that the following traffic signals will require the addition of MUTCD compliant pedestrian signals: • Rand Road at Wolf Road • Rand Road at Golf Road No improvements are anticipated at the signaliz ed intersection of Rand Road and River Road, as an IDOT River Road reconstruction project is scheduled for construction 2015-2016 that w ill provide pedestrian crossings. e. Preliminary Plans (65%) — An initial submittal of Preliminary contract plans will be made to the City to ensure the goals and requirements of the project are being followed. The Preliminary Plans will include the following drawings. • Cover Sheet • General Notes and State/City Standards • Overall Layout Plan "Key" • Alignment, Ties and Benchmarks • Existing and Proposed Typical Sections • Combined Sidepath Paving Plans (Plan and Profile & Drainage and Utilities) • Pavement Marking and Signing Plan • Cross Sections • Construction Details EXHIBIT B Page 37 of 51 Item 2 — Pre -Final (90%) Plans, Special Provisions and Estimates a. Pre -Final Plans — Once the review of the Preliminary plans has been com pleted, the contract plans will be revised and completed to a Pre -Final stage and b e submitted to IDOT and the City for review. In addition to the drawings included in the Prelim inary Plans, the following drawings will also be provided: • Erosion and Sediment Control Plans • Landscape Plans • Traffic Signal Plans and Details b. Pre -Final Special Provisions — We will prepare special provisions that supplement or amend the special provisions contained in the latest edition of the Standard Specifications for Road and B ridge Construction adopted by the Illinois Department of Transportation and the latest edition of the Standard Specifications for Sewer and Water Main Construction in Illinois. Applicable City special provisions will be utilized to supplement the Standard Specifications. In addition, we will include the latest IDOT Recurring Special Provisions Check Sheet. The most recent set of IDOT's Bureau of Design and Environment Special Provisions and District 1 Special Provisions will be reviewed and included in the special provisions where applicable. c. Pre -Final Quantity Calculations — We will perform detailed quantity calculations at the Pre -Final stage of the plan development. d. Pre -Final Engineer's Estimate of Cost and Construction T ime - We will use the quantities of work in order to calculate an Engineer's Estimate of Cost and Time. Estimates will be based on recent bid tab information for projects of similar scope and magnitude. e. Pre -Final QA/QC Review - Prior to submission of the Pre -Final plans for review, we will perform an internal Quality Assurance / Quality Control review of the work completed. The review will be performed by a professional engineer independent of the design team. The review will consider constructability issues as well as identification of missing pay items, quantities of work, and special provisions required. The design team will also perform a "plan -in -hand" field check to confirm the existing conditions and design. Item 3 — Final (100%) Plans. Special Provisions and Estimates a. Disposition of Pre -Final Review Comments — All comments received pertaining to the Pre -Final Plans and Special Provisions will be addressed and a disposition will be included with the final bid documents. b. Final Plans — After completion of all agency reviews and resolution of any other agency or utility company concerns, the contract plans will be finalized. We will submit the contract plans to the City, IDOT, the ICC, and to the CN Railway Company and the Union Pacific Railroad for permit issuance. EXHIBIT B Page 38 of 51 c. Final Special Provisions — All comments received pertaining to the Pre -Final speci al provisions will be addressed and the special provisions will be finalized and included in the final bid documents. The status and schedule of all utility relocations, as of the date of the final plans, will be included in the bid documents. d. Final Quantity Calculations — The quantities will be updated based on changes made to the plans after the Pre -Final stage. e. Final Engineer's Estimate of Cost and Construction Time — The estimates will be updated based on the revised quantities. f. Final QA/QC Review — Prior to the final submittal, a second QA/QC review of the plans and special provisions will be performed. Item 4 — Landscape Architecture (bv Hitchcock Design Group) a. Landscape Architecture - This item will be conducted by Hitchcock Design Group, and includes the tasks necessary for creating a concept landscaping design and developing detailed plans, special provisions, and a cost estimate for the proposed improvement to be included in the Pre -Final and Final stages listed above. Item 5 — USACE and MWRD Permit Coordination (bv Stuedemann Environmental Consulting, LLC) a. Permit Coordination —This item will be conducted by Stuedemann Environmental Consulting (SEC). SEC has included a pre -application meeting, an on-site meeting, and coordination with the USACE, MWRD, and Civiltech as needed with regard to wetland science services for the project. As no direct impacts to wetlands are anticipated, S EC will coordinate with the USACE for preparation and submittal of a Request for a Letter of No Objection (LONO) form to the USACE Chicago District. SEC will coordinate with Civiltech to ensure that all wetland and riparian reports, including wetland related narratives, are complete for the WMO Permit submittal to the MWRD. As riparian environment impacts are anticipated, SEC will consult Civiltech in mitigating these impacts. Item 6 — Project Administration. Coordination, and Permits a. Project Administration — This item includes monthly invoicing, preparation of status reports, and internal project team coordination meetings. b. Project Submittals - As noted above, we will make the necessary document submittals, and follow through with each agency in regards to their review comments or arrange a review meeting to discuss plan changes necessary to resolve conflicts if possible. Page 39 of 51 c. Utility Company Coordination - As noted above, we will analyze the project for potential impacts to existing utilities. We will provide the utility companies with a list of areas of potential conflict so that additional information, such as horizontal locates or depth borings can be obtained where necessary to further define the extent of conflicts. We will first attempt to address utility conflicts through design modifications while considering the impact those changes will have on the overall im provement. It is anticipated that utility relocation work will be necessary to construct the proposed roadway improvements. Based on the amount and complexity of the required utility relocation, it may be necessary to have periodic coordination meetings with the utility companies. We have included hours to meet four times with the utility companies. In addition, we will review the permit submittals from the utility companies to ensure that all of the conflicts have been resolved and that the plans are compatible with the proposed construction. d. ICC Petition, CN and UP Railroad Agreem ents, Permitting, and Report Docum entation - This project will require two ICC Petitions be submitted for modifications to the existing at -grade Canadian N ational (CN) and Union Pacific (UP) railroad crossings. It is our understanding that the City of Des Plaines will file the formal petitions to the ICC. The petitions should state the location of the crossing, improvements desired, and financial assistance being used. Upon receipt and review of each petition, the ICC will send out a notice of the date, time, and place of the hearing to all parties. Each hearing is conducted in a similar manner to that of a court trial, but on a more informal basis. During the course of this hearing, each party will have the opportunity to express their concerns regarding the safety of the improvement. We will be prepared to assist the City with expert testimony and evidence relative to the physical characteristics of the crossing and sidepath improvements. After each hearing, the ICC issues an Order based upon findings made from evidence presented and includes a description of the work to be performed, the responsible parties, the division of cost, and the date by which the work should be completed. It is to be anticipated that the CN and UP will contest each case, on principal, based upon safety concerns. However, we do anticipate a favorable Order to be issued. It can be a relatively quick process should no issues arise and be com pleted in a 4-5 month timeframe. Once the ICC Orders have been issued, we will work with the City to finalize the necessary railroad agreements and right of entry permission for the sidepath construction within the railroad right-of-way. e. Bidding Assistance — We will review any questions received from contractors during the bidding process and provide any necessary responses to clarify the documents. f. Pre -Construction Meeting Attendance — We will attend the pre -construction meeting at the City to answer any questions regarding the design and contract documents. We will also provide responses to any questions from contractors during the construction process, if necessary. EXHIBIT B Page 40 of 51 S ,LInIHX3 Prepared by: Civiltech Engineering, Inc., July 31, 2014 (90/6 'AO):J) 01.990 2119 3 a1 01 0. CJ co m cc m m 0 0 N .* rn 3 w r, 0 C) 0 cm cm H i� 0) 0�1 W m co 01 N 0 0 0 m 3 0 0 0 w N fD 0 0D N 3 03 0 r c 3 3 E eed pexld snld }so3 Z eej pe% snld;soO 1. Gad pexl,I snld }soD 11111100EI [DaHI + la(ZI + E'Z)I%5171. See Exhibit A-3 for detailed Services by Others and In -House Direct Costs. 14.5%[DL + R(DL) + 1.5(DL) + IHDC] See Exhibit A-2 for a detailed workhour estimate. 42, .01 0 r 7J 0 0 2 v 0 0 See Exibit A-1 for Scope of Services :uonesuadwoo poq ej 0- c o, Z m 0 a, CO 0 0 D m CD C) 0 0 CD n) cn co a G) Q 0 O 0c =) . co DDM 5•`z, 0 0 0) co v 0 apls peon puel Preliminary and Design Engineering NOIIVSN3dWOD 3O 31f1a3HJS 'Field Survey 'Early Coordination and Data Collection Element of Work (Administrative Assistant 'QC/QA Engineer 'Traffic Signals Engineer 'Design Technician 'Design Engineer 1 'Design Engineer II 'Project Engineer 1Project Manager Department Head 'Administrative Assistant 'QC/QA Engineer 'Traffic Signals Engineer 'Design Technician 'Design Engineer I 'Design Engineer II 'Project Engineer 'Project Manager Department Head Employee Classification o o 0 0 0 0 0 A 0 0 O 0 W 0 144 0) N 0 0 c ? EA 0) 0 o $ 65.00_ EA 43 0) 0 o $ 28.00 $ 28.00 EA N 0 0 $ 36.00 EA COA 00 0 EA OOo 0 EA 0) 0 0 $ 65.00 EA 00)) 000 0 EA W 0 EA CON 0 $ 32.00 EA 00)) 000 0 EA COA 0 EA Oo 0 Payroll Rate EA EA 69 EA EA EA EA $ 192.00 EA 1 EA 1 EA • EA 1 L 224.00 EA 1 448.00 $ 576.00 EA CD 9) 0 0 EA 1 Payroll Costs (DL) EA EA EA EA EA EA EA EA N 00) EA EA 111 EA EA $ 332.10 EA $ 664.20 $ 853.98 EA 631 CA EA Overhead* 1 $ 22,450.00 1 EA Services by Others 'EN EA $ 5.60 In -House Direct Costs (IHDC) EA i EA i EA EA EA i EA i EA EA 0) �_ i EA i EA EA i EA ' $ 80.63 EA 1 ' $ 161.27 $ 207.35 EA 03 EA 1 EA O CO Profit EA EA EA EA EA EA EA 1 $ 545.77 1 EA =74-0V1) EA EA EA 1$ 636.74 1 EA EA W A V EA v W N $ 272.89 EA 1 EA O) A 0 0 0 m 3 0 0 0 w N fD 0 0D N 3 03 0 r c 3 3 E eed pexld snld }so3 Z eej pe% snld;soO 1. Gad pexl,I snld }soD 11111100EI [DaHI + la(ZI + E'Z)I%5171. See Exhibit A-3 for detailed Services by Others and In -House Direct Costs. 14.5%[DL + R(DL) + 1.5(DL) + IHDC] See Exhibit A-2 for a detailed workhour estimate. 42, .01 0 r 7J 0 0 2 v 0 0 See Exibit A-1 for Scope of Services :uonesuadwoo poq ej 0- c o, Z m 0 a, CO 0 0 D m CD C) 0 0 CD n) cn co a G) Q 0 O 0c =) . co DDM 5•`z, 0 0 0) co v 0 apls peon puel Preliminary and Design Engineering NOIIVSN3dWOD 3O 31f1a3HJS S III3IHX3 Prepared by: Civiltech Engineering, Inc., July 31, 2014 (90/6 'A921) 01.990 2118 0D 3 01 a 0 co 0 rn cc co co 1 0 0 N rn 0 3 co0 -1 0 0 0 01 N 0 n cp -1 (71 0 0 0 0 m 0 3 o01 0 M 0 0 0 et N ID 0 0 03 a !Drainage Studies 'Section 4(f) Evaluation (If necessary) !Environmental Studies !Included in Phase 11 Engineering 'Alternate Geometric Studies Element of Work Administrative Assistant ! QC/QA Engineer Traffic Signals Engineer Design Technician Design Engineer I Design Engineer II Project Engineer Project Manager Department Head Administrative Assistant QC/QA Engineer (Traffic Signals Engineer (Design Technician (Design Engineer I 'Design Engineer II (Project Engineer 'Project Manager Department Head 'Administrative Assistant IQC/QA Engineer 'Traffic Signals Engineer 'Design Technician 'Design Engineer I 'Design Engineer II 'Project Engineer 1 'Project Manager 1Department Head 'Administrative Assistant 'QC/QA Engineer 'Traffic Signals Engineer !Design Technician 'Design Engineer I 1Design Engineer II 1Project Engineer Project Manager Department Head Employee Classification CO 0 0 28 O CO N -.•' CT 0 A 0 0 0 0 0 0 0 N 0 0 0 0 0 0 0 0 0 0 0 0d = EA — 0 o 000 EA CT 0 (A co O) 0 $ 28.00 $ 28.00 $ 32.00 to co 0) ;066 0 EA A co 0 EA 0)O) 03 0 EA — T o 0 EA at 0 0 69 w 0) 0 0 69 N co 0 0 69 N cc, 0 0 $ 32.00 to w 0) 0 0 $ 48.00 EA O) 03 0 0 EA _ 0) 6 0 EA O) CT 0 0 to w 0 0 0 (A N OD 0 0 $ 28.00 EA w N 0 0 EA w O) 0 0 EA A. CO 0 0 $ 68.00 EA _ 0) 0 0 EA CA CT 0 0 EA w 0) 0 0 ! $ 28.00 EA N CO 0 0 EA W N 0 0 EA w CO 0 0 EA A OD 0 0 EA 0 W 0 0 73 w 0) `, 1 :D 0 $ 128.00 I EA EA EA o (A $ 2,944.00 $ 576.00 EA • EA J • N 0 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 (A 1 iA 1 EA 1 (A 1 EA 1 EA 1 EA 1 EA 1 EA 1 96.00 EA 1 EA 1 EA 1 EA 1 EA , EA , EA 1 EA 1 EA 1 EA 1 d) 1 EA 1 Payroll Costs (DL) $ 189.77 EA I—. EA EA _ W$ CO EA EA A w v V $ 853.98 EA s EA A N V EA $ EA $ EA $ EA $ EA $ EA $ EA $ EA $ EA $ EA $ EA $ EA $ EA $ EA $ EA $ EA . EA $ EA 1 EA — W w EA s 49 o EA i 69 l EA l 69 i 69 i EA $ 69 I EA e EA l 69 l Overhead* ---- - - b9 EA 1 $ 12,357.98 49 Services by Others J Y EA EA EA In -House Direct Costs (IHDC) $ 46.08 EA EA 1 EA N CO N N EA • $ 1,059.77 $ 207.35 49 1 69 CO • -� EA 1 EA 1 EA 1 (A 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 (A 1 EA 1 ' $ 34.56 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 EA 1 (A 1 E9 1 Profit EA w CT W 0 CT EA EA $ 2,228.58 1 EA I $ 8,368.55 1 $ 1,637.32 EA 1 I$ 773.18! EA 1 EA 1 EA 11111 EA EA EA EA EA 1 EA 1 EA 1 EA 1 EA 1 EA 111111 EA EA EA EA EA ' $ 272.89 ! EA 1 1 $ 12,357.98 ! EA 1 EA 1 EA 1 EA I EA 1 EA 1 EA 1 EA 1 69 1 EA 1 0 a 0 0 0 m 0 3 o01 0 M 0 0 0 et N ID 0 0 03 a S ,LIfIHXL Prepared by: Civiltech Engineering, Inc., July 31, 2014 (90/6 'n921) 01.990 2118 3 01 01 0. N m 1 m 0 O N m N 3 0 O n 0 N 01 "o0) 1 O O O cl �h O 01 N n O W m N 3 0 eD O 0 0 N 01 0 r♦ N N Cf� • N 'Final Project Development Report 'Stakeholder Coordination and Public Involvement (Agency Coordination 'Draft Project Development Report Element of Work Administrative Assistant 1 QC/QA Engineer Traffic Signals Engineer Design Technician Design Engineer I Design Engineer II Project Engineer Project Manager Department Head !Administrative Assistant 'QC/QA Engineer 'Traffic Signals Engineer 1 Design Engineer I Design Technician 'Design Engineer II 'Project Engineer 'Project Manager Department Head Administrative Assistant QC/QA Engineer Traffic Signals Engineer Design Technician Design Engineer I Design Engineer II Project Engineer Project Manager Department Head IQC/QA Engineer Administrative Assistant 'Traffic Signals Engineer 'Design Technician Design Engineer I 'Design Engineer II 'Project Engineer 'Project Manager 'Department Head Employee Classification A 0 0 0) 0 O O 0) N 0 0 0 0) 0 O 00)) 34 N 0 0 0 0 0 0 N N 0) A 0 0 A 0 40 50 0) N S pi 0 C toto EA 0) O 0 EA O CO O 0 Efl W 0) O 0 $ 28.00 $ 28.00 $ 32.00 49 0) 0) O 0 EA A CO_ O 0 49 CO CD O O EA CO 0 O EA 0) CT 0 0 69 W O 0 0 EA EA N N 03 03 0 0 0 0 49 W N 0 0 EA 0 O 0 0 $ 48.00 4) 0) CO O 0 EA _ CA O 0 VI &i 0) CO 01 0) O O 0 0 $ 32.00 $ 28.00 $ 28.00 69 49 0)A O CO 0 0 0 0 69 0) CO 0 0 $ 65.00 $ 16.00 EA CO 0) O 0 $ 28.00 $ 28.00 $ 32.00 EA 0 CA O 0 EA A CO O 0 EA O CO O O 71:1 so 01 1 0 0 EA 0) :pi O EA 49 $ 448.00 I d) I $ 960.00 EA N O O $ 288.00 EA CO O b9 EA EA i Efl $ 3,248.00 49 0rS3 O $ 2,736.00 $ 1,632.00 $ 816.00 4A EA EA 49 i b9 EA EA i EA EA ' CT IV CO O O 1 $ 408.00 EA 1 $ $ 64.00 49 1 $ 672.00 EA i 1 $ 1,280.00 $ 1,800.00 1 $ 288.00 $ 136.00 49 Payroll Costs (DL) EA CO CO EA EA 4) OCO A 0 4) $ 1,423.30 $ 1,067.47 $ 426.99 $ 201.63 EA EA EA EA $ $ 4,815.48 $ 2,846.59 $ 4,056.39 4) N O $ 1,209.801 49 EA EA EA E9 43 EA $ 853.98 $ 1,707.96 1 $ 604.90 EA b9 EA COO EA EA COO - EA 1 $ 1,897.73 EA N 0)0 0) 1 $ 426.99 1 $ 201.63 43 Overhead* 49 49 49 • 49 Services by Others $ 147.50 1 $ 1,246.28 1 1 $ 39.20 EA V V 01 0 In -House Direct Costs (IHDC) $ 23.04 EA EA $ 161.27 EA $ 345.58 7-75i7118 -T-1-0-371 EA A CO IT -F-11.39 EA EA EA 49 EA O CD E9 t00 EA O p 1 $ 587.48 I $ 293.74 $ $ 180.71 EA EA EA EA EA $ 5.68 j $ 146.87 $ 207.35 $ 414.69 EA EA EA 49 EA EA 49 —a) A ra N A 241.90 460.77 A 0) 103.67 A co 00) EA O CO CV Ea EA . $ 1,273.47 EA $ 2,728.87 $ EA N 0 D1 O) O --E7117.-671 $ 386.59 $ 168.89 EA , EA , 4941369 , t0 W N , 0) CO $ 5,457.75 1 49 -1 v V N CO 49 A W CO O CO $ 2,319.54 1 434)4)4)434)4)4)4)43434343434343 N O . i CO CO i W — -. V W CA A O A �1 CO A O) W -1 co CO 01 N V CO N i -, C , F $ 3,638.50 1 $ 5,116.64 49 CO O 0) 1 $ 386.59 1 $ 88.74 0 n O W m N 3 0 eD O 0 0 N 01 0 r♦ N N Cf� • N S 1ISIHX3 Prepared by: Civiltech Engineering. Inc., July 31, 2014 (90/6 'AGM) 01.990 2118 cro. a 0 0 rn 0 0 0 rn 0 3 SUL0 M n 0 11 Cn 0 01 ri Di N O 0 O n A 01 0 0 0 0 rn 3 0 0 0 a1 N 00 5.S. 0 3 'Final Plans 'Pre -Final Plans 'Preliminary (65%) Engineering 'Administrative Assistant ' 61 $ 16.00 1 $ 96.00 1 $ 142.33 1 1 1 $ 34.56 1 $ 272.89 Phase 11 Engineering 1Supervision, Administration & Project Coordination Element of Work 'Administrative Assistant IQC/QA Engineer Traffic Signals Engineer 1 Design Technician Design Engineer I Design Engineer II Project Engineer Project Manager Department Head 'Administrative Assistant QC/QA Engineer 'Traffic Signals Engineer (Design Technician 'Design Engineer I 'Design Engineer II 'Project Engineer Project Manager Department Head 'Administrative Assistant IQC/QA Engineer 'Traffic Signals Engineer 'Design Technician 'Design Engineer I Design Engineer II (Project Manager Project Engineer Department Head QC/QA Engineer Traffic Signals Engineer Design Technician Design Engineer 1 'Design Engineer 1I 1Project Engineer Project Manager `Department Head Employee Classification O A Co) O O O CWO O 0) 0 A A 0 0) 0 .A N A 0 N CON 0 402 0 164 CON N 0 0 0) 0 0) 0) 0) 0 03 0 c ' EA _ 0 0 o EA O) CT 0 o 49 W 0) 0 0 EA N CO 0 0 EA N CO 0 0 EA W N 0 0 EA W O) 0 0 EA A CO 0 0 EA O CO 0 0 EA _ O) 0 0 iii 0) CT 0 0 EA W 0) 0 0 fA N CO 0 0 EA N CO 0 0 EA W N 0 0 EA W CO 0 0 EA A CO 0 0 69 0) CO 0 0 GA _ 0) 0 0 EA 0) C71 0 0 EA W CA 0 0 EA N CO 0 0 EA N CO 0 0 69 W N 0 0 69 W 0) 0 0 $ 48.00 EA O CO 0 0 EA 0) CT 0 0 49 W 0) 0 0 EA N CO 0 0 EA N CD 0 0 EA W N 0 0 EA W O) 0 0 ' $ 48.00 EA 0) CO 0 0 71 73 w D) 44 1 CD 0 EA $ 260.00 EA IV 0 EA i $ 1,680.00 EA • $ 1,368.00 $ 480.00 $ 408.00 EA • EA $ 260.00 $ 1,584.00 EA $ 3,248.00 EA i $ 3,384.00 EA 01 O) O $ 272.00 EA • EA • $ 130.00 $ 1,008.00 EA • 69 IV 9' 0 O EA • EA CT co A O $ 1,344.00 $ 136.00 EA • EA • EA • $ 168.00 EA •0 $ 192.00 $ 216.00 EA N -CO CD O EA i EA i Payroll Costs (DL) EA $ 385.48 $ 1,707.96 H9 $ 2,490.77 EA $ 2,028.20 $ 711.65 $ 604.90 to H9 $ 385.48 $ 2,348.44 EA $ 4,815.48 EA $ 5,017.12 $ 853.98 $ 403.27 EA EA $ 192.74 $ 1,494.46 EA 4) CO (71 EA $ 8,753.27 in CD (0 - co N O W EA EA EA $ 249.08 EA EA N 0)) 1 $ 320.24 1 $ 4,412.22 EA EA Overhead* EA EA EA EA Services by Others $ 427.60' $ 477.60 I $ 413.20 EA In -House Direct Costs (IHDC) 69 $ 93.59 $ 414.69 69 -$----876 EA $ 492.45 ! $ 172.79 $ 146.87 69 0) N O O 69 EA (0 CO.(O in CO $ 570.20 69 EA 0) 69 di - CD 0) EA 0 ") W (11 69 COO V t�0 EA 0) CO IV 0) 69 , $ 46.80 $ 362.86 EA EA A 01 0 4 0 EA 1 EA N N CT W 0 $ _ 483.81 EA A CO f0 0) 69 0) CO 69 • EA • 17--6-07413- Profit 60.48 EA EA 0) CO N EA V V V 0) EA v k3 CO EA EA Profit EA $ 739.07 EA W A 01 EA EA A V til W EA $ 3,888.65 ! EA -+ 0) A�A' A EA (n Co• v $ 489.60 1 $ EA 739.07 1 EA A o !v EA 1• I $ 9,232.69 1 di I $ 9,619.28' $ 1,637.32 $ 773.18 1 EA W 0) a. (T EA 1 $ 369.54 1 EA N 0) 01 N EA . $ 31,996.05 $ EA 1-16,711 1 $ 3,820.42 $ 386.59 $ 473.11 I EA EA • EA v `� 01 (71 EA EA y) v $ 614.00 $ 8,459.51 to EA Total 0 0 0 rn 3 0 0 0 a1 N 00 5.S. 0 3 8 1ISIHXa Prepared by. Civiltech Engineering, Inc., July 31, 2014 (90/6 '1‘8 1:1) O 1950 Z118 ro (01 CAI0 1.11CAI 3 01 0) 0. CJ N m co 0 0 0 m 0 3 0) 0 0 0 0 0 01 d N CO N ID !D C11 o 0 �D 01 0 'Totals 'Supervision, Administration & Project Coordination I IUSACE and MWRD Permit Coordination 'Landscape Architecture 1 Element of Work Administrative Assistant QC/QA Engineer Traffic Signals Engineer Design Technician Design Engineer I Design Engineer II Project Engineer Project Manager Department Head 1Administrative Assistant QC/QA Engineer 'Traffic Signals Engineer 'Design Technician Design Engineer I 'Design Engineer II 'Project Engineer Project Manager Department Head Administrative Assistant QC/QA Engineer Traffic Signals Engineer Design Technician Design Engineer I Design Engineer II Project Engineer Project Manager Department Head Employee Classification P.3 O o 0 0 pppp A O N .OA 40 0 0 0 0 CA 0 N N 0 0 0 0 0 0 0? A 0 o 0 c m 0 ) EA 0 o 0 EA O 0 0 0 69 41 O) o 0 EA N CO o 0 EA N CO o 0 to C) No) o 0 EA CAA o 0 69 co o 0 EA 0) co o 0 EA 0 o 0 EA O) CO o 0 EA W 0) o 0 EA N CO o 0 EA N CO o 0 69 W N o 0 EA Ca 0) o 0 EA A0) CO o 0 69 CO 0 0 EA -a 0 o 0 EA O) 01 o 0 $ 36.00 $ 28.00 $ 28.00 $ 32.00 EA C) 0) 0 0 $ 48.00 W) O) OD 0 0 Payroll Rate $ 77,642.00 EA EA EA EA EA N -43 (JI NCO 0 O EA • EA A W N 000O EA A W N EA N N 0 EA i EA i EA i EA i EA i $ 224.00 EA 1 EA V N EA CO EA 11111111 EA EA EA EA EA EA Ef) $ 144.00 $ 192.00 EA • EA i Payroll Costs (DL) EA a 01 i -+ 0 EA i EA i EA i EA i $ 3,487.08 EA 1 $ 5,977.84 EA CT v W 0) EA A V EA s EA i EA i EA $ EA s $ 332.10 EA i $ 106.75 EA A W EA 1 EA e EA e EA 1 EA s EA $ EA $ EA i $ 213.49 EA CON 6$ EA EA Overhead* $ 49,533.01 EA $ 4,987.62 EA CO v C9 V Services by Others EA N "CO A CO EA 1 EA 1 EA e In -House Direct Costs (IHDC) $ 28,360.33 EA i EA 1 EA 1 EA I $ 846.67 EA 1 EA ? A CA EA ? A• CA EA CO V A EA 1 EA 1 EA 1 Ef) 1 EA 1 EA CO 00) CJ EA I $ 25.92 EA W A 01 0) EA EA EA I EA I EA I EA I EA I EA I EA 0 •pp A EA CO _• EA II EA Profit EA N W • 0)N 0) EA I EA i EA i EA i 1 $ 6,685.74 1 EA i EA _ i • V EA _ i N V 1 $ 7,731.81 1 EA i EA i EA i EA EA i ' $ 636.74 1 EA i 1 $ 204.67 1 $ 272.89 1 EA 1 $ 4,987.62 1 EA i EA i EA i EA i EA i EA 1 $ 409.33 EA V V EA 1 $ 9.737.41 1 0 10 0 0 0 3 0 I1 0 0 N 0 CA 0 v 0 0 a S ,LISIHX3 31VINI1S3 2IfOH)12IOM N 0 N O A O 0 O 0 O 0 O A O O O O O N I 03 N 3 F.IDevelop Proposed Drainage Plan (not anticpated). Sub -total Item 6 A.ITheenvironmental studies will be conducted by Stuedemann Environmental Consulting Sub -total Item 4 A l I This item will be performed as part of Phas w Prepare Project Program Information (PPI) Form as per IDOT requirements. Prepare Initial Coordination Meeting_Data Form (BLR 22410) as per IDOT requirements. 0 Obtain public and private utility atlases. Perform project area reconnaissance and prepare a photolog. mFF1aoa Early Coordination and Data Collection 1 x mDOW> 3 m 1 co a_ Evaluate impacts to existing drainage system and deter mine modifications to proposed. 'Identify right-of-way requirements for drainage. 'Identify and quantify floodplain encroachments. Investigate compensatory storage areas (if required... not anticipated) . [Proposed Drainage P Ian Determine existing and proposed runoff coefficients. [Determine base floodplain elevations (includes datum correlation). Develop Overall Existing Drainage Plan. Develop major watershed divides and identify major drainage features. Identify outlets and determine interp reted drainage divides. [Existing Drainage Plan Prepare General Location Drainage Map. [Drainage Studies A IV N Project Manager W .. A 0 N e En ineerir ll 0 A A A A 14 Design Engineer 11 0 O A Ni A A N O 0 N W W m N A A 4 16 N O Traffic Signals , Engineer O 0 0 mg 7 W T. izo1 0 O N Al 0 CO W N N x - C a N N fT 9, O O o o 0.0% 45.0% G -. O O v o 0 e M Z, O c a r co A A O O r 2 10 0 10 6 20 8 52 O O O O O 13.5% 13.5% O W-' 13.5% 5.4% 35.1% A W GO O Co? -• co a' e o 0 v o N 0 N O A O 0 O 0 O 0 O A O O O O O N I 03 N 3 xc�:lmvPaoa A.ITheenvironmental studies will be conducted by Stuedemann Environmental Consulting Sub -total Item 4 A l I This item will be performed as part of Phas w Prepare Project Program Information (PPI) Form as per IDOT requirements. Prepare Initial Coordination Meeting_Data Form (BLR 22410) as per IDOT requirements. Section 4(f) Evaluation (If necessary) 1 It is anticipated that this Alternate Geometric Studies 1 1 A Obtain public and private utility atlases. Perform project area reconnaissance and prepare a photolog. m a 7 Early Coordination and Data Collection 1 x 0 3 m 1 co a_ Si m 1 m 1 6 m E. Personnel & Hours 0 N will not b IV N Project Manager W e required. A 0 N e En ineerir ll Project Engineer A A A A 14 Design Engineer 11 0 O Design Engineer O 0 O 0 0 Traffic Signals , Engineer O 0 0 mg 7 e T. a 1; O N Al 0 CO W N N x - C a N N fT 9, O O o o 0.0% 45.0% G -. O O v o C•A fT • O O 0 o e M Z, O c a r 00 O O �o N 0 N O A O 0 O 0 O 0 O A O O O O O N I 03 N 3 xc�:lmvPaoa O g 3 Prepare Project Program Information (PPI) Form as per IDOT requirements. Prepare Initial Coordination Meeting_Data Form (BLR 22410) as per IDOT requirements. Obtain recent digital aerial photography of study area at a scale of 1" = 50'. Prepare and process Environmental Survey Request forms (if necessary). Obtain public and private utility atlases. Perform project area reconnaissance and prepare a photolog. Collect and review previous studies and existing roadway plans. Collect Land Use, Zoning, School District, Park District, etc. maps and plans. Early Coordination and Data Collection 1 x 0 Si m 1 m 1 6 m E. Personnel & Hours N N Project Manager W N N A A Al N Project Engineer A A A A N Design Engineer 11 0 Design Engineer 0 0 Design Technician 0 Traffic Signals , Engineer O 0 mg 7 e a 1; $ N Al 0 CO W N N x - C a O O fT 9, O O o o 0.0% 45.0% G -. O O v o C•A fT • O O 0 o e M Z, O c a > ! co O m2) c;. d > X • ggia mO � o a mN m Z x C 0 d 0 m M0 15 E 0z O a fl IIflIHX3 L_ «I°PPP' a -4 z ° 3 P Write, proofread, and edit Draft Project Development Report. Print, bind and deliver Draft Project Development Report. Prepare report exhibits, including a locaton map, a land use exhibit, and existing and proposed typical sections. Prepare a detailed con struction cost estimate. Task Draft Protect Development Report N Oo N en ? Department Head ;" m o n ao ? co 5. Revisions to presentation materials based on dry run. 6. Attendance at public hearing. 1. Preparation of public hearing newspaper advertisements. 2. Preparation of public hearing brochure, comment forms, and sign -in sheets. 3. Preparation of public hearing exhibits. 4. Dry run with City staff. 8. Preparation of meeting summary and disposition of comments. Public Hearing 17. Preparation of public meeting transcript (by court reporter). 5. Revisions to presentation materials based on dry run. 6. Attendance at public meeting. 3. Preparation of public meeting exhibits. 4. Dry run with City staff. 1. Preparation of public meeting newspaper advertisements. 2. Preparation of public meeting brochure, comment forms and sign -in sheets. 3. Preparation of meeting summaries. Public Information Meeti ng 1. Preparation of meeting exhibits. 2. Attendance at meetings. [Stakeholder Coordination and Public Involvement Stakeholder Meetings — It is anticipated that 2 meetings with adjacent property owners. 0) C li if 3 co IIDOT/FHWA Coordination Meeting. Meeting with I DOT to discuss project progress. Meetings with Canadian National Railway, Union Pacific Railroad and ICC (assume 1 meeting each). Meetings with FPDCC (if necessary). Kick-off meeting with City. Kick-off meeting with City and IDOT a ts 3 E a s 1 s Design Engineer N W A co Design Technician A m -1 G 10 a A O) N N N A A A N N N N 4 22 A OO A N A N N 3.2% 17.5% A A v N co N N N N A N N a, N N CO A A CO N N N CO A A CO N A CO CO N A Acri A A S*P A WAN A A WAN O1 0 O 0 A 4 40 W D A Ol 0 0 co O 0 O O V W N 14 14 2 12 58 6 O 0 N 18 14 58 8 N N O A jt 11 CO CO O N W W r 00 N O G_ o e 4.7% 4.7% N m A 0 O N O -I o 0 0 0 0 N O 0 o e O v e A 0) V 0 e o 19.5% 2.7% A 0 0 4 o e 0 0 C4 e o I 14.8% 5.4% D ag CO O O o o' A O A O O o _ _ N N C C e o 0) C i m_ g 3 V «I°PPP' a -4 z ° 3 Attend review meeting with I DOT and City, if required. Revise Draft Project Report. Write, proofread, and edit Draft Project Development Report. Print, bind and deliver Draft Project Development Report. Prepare report exhibits, including a locaton map, a land use exhibit, and existing and proposed typical sections. Prepare a detailed con struction cost estimate. Task Draft Protect Development Report N N Department Head Personnel & Hours m N A Project Manager a A C N A a gW ;,WW Design Engineer I1 0 Design Engineer W co Design Technician m -1 G 10 a 0 QA/QC Engineer A A a gsgj� P. en 4 22 A OO O OND si a _ o 0 a: 3.2% 17.5% 46.0% 3.2% v N co N e a O C a fl .LIflIHX3 C4 N O b ea QQ 00 witO f.r 31VINIIS3 2If1OHNHOM H e 3 N PI PPP ?" H c m_ 3 mG 00)> Phase ii Engineering _ I Cain -House coordination meetings. Sub -total Item 11 ooD+ E.IPreparation and publication of Design Approval legal notices. Sub -total Item 10 Gc)a>o zff ° 3 IPre-Final QA/QC Review Pre -Final Quanity Calculations Pre -Final Estimates of Cost and Construction Time Traffic Signal Plans and Details Pre -Final Special Provisions Revisions to Preliminary Plans Erosion and Sediment Control Plans Pre -Final Plans Pre -Final Plans Cross Sections Construction Details Combined Sidepath Paving Plans (Plan and Profile & Drainage and Utilities) Pavement Marking and Signing Plan Alignment, lies and Benchmarks Existing and Proposed Typical Sections General Notes and State/City Standards Overall Layout Plan "Key" Preliminary Plans (65%) Cover Sheet Define vertical sidepath geometrics including preliminary analysis of proposed cross-sections for the bike path. Identification of right-of-way acquisition and grading easement limits. Submittal of preliminary geometric s to City of Des Plaines for review. Refine horizontal and vertical geometrics based upon review comments. Traffic Signal Design Preparation of preliminary horizontal geometrics on topographic base sheets for up to three altematives. Plan Base Sheet Preparation Alternate Geometric Studies Preliminary (65%) Engineering Preliminary Utility Company Coordination Project setup, monthly invoicing, status reports & schedule monitoring . Client Coordination. !Supervision, Administration & Project Coordination Revise Draft Project Development Report, proofread and edit. Print, bind and deliver final PDR Report. Revise Draft Project Development Report exhibits. Revise construction cost estimate for improvements. !Final Project Development Report 1 S fx A A N N O N N g x$ d a a 0 a Personnel & Hours N N A N A N A A A A - --- -- - N N -• W 16 40 W A N Project Manager 16 2 20 40 16 40 8 40 20 A A -• 43.030303 W co 20 W 0) A Project Engineer O O CO W N W 4 16 Design Engineer II co A'A O co 402 120 16 Op co co W W A 40 16 16 8 O W m 7 m O O 03 CO W W Design Technician A A A N o W O O Traffic Signals Engineer i A 7 0 0 o Of W A A a.P. 3 CO CO A N N 92 58 164 26 84 80 0f W Co Co Of 50 25 28 12 28 50 A A 30 86 yy O Of 2 78 22 4 24 26 x 1 CC 0 O o N m e N• w_, e o 11.7% I 11.7% w N co 0 0 pp+ 26.2% 4.2% D.3 C.3 m A 0 0 N N W 0 0 -+ --- W W 0 0 O 0 8.0% 4.0% 4.5% 1.9% 4.5% W o 0 W W 0 O co 0 O W •• f0 at e co W' in W e e O N P W ; (T co N e w a lJ W e o be x 0 a 31VINI1S3 21f1OH)121OM 0 to g 0 N C I m W 3 ca ?gym 1 5 IUSACE and MWRD Permit Coordination A.ILandscape Architecture (project coordination and review only) Sub -total Item 4 PP P 01 ? Bidding Assistance Pre -Construction Meeting Attendance ICC/UP Permitting and Approvals - Right -of -Entry, Insurance, Licensure Railroad Crossing Report and Documentation IICC/CN Permitting and Approvals - Right -of -Entry, Insurance, Licensure CN Railroad Agreements (by City) - Exhibits, Documents, and Assistance UP Railraod Agreements (by City) - Exhibits, Documents, and Assistance ICC Petition, CN and UP Railroad Agreements, Permitting, and Report Documentation Petition Filing (by City) - Expert Testimony and Assistance (2 petitions) Project Submittals Utility Company Coordination Supervision, Administration & Project Coordination Project Administration O A A-• -• N N D N W t o OJ OJ N N co co co A co A N A N A A m m CO CO 0 N 0 A A g N A A A A Project Engineer t 4 36 A CO CO 0 16 8 0 Design Engineer II 07 co 0 C O ASA m foQ w S {O a 0 O O O Design Technician O 0 O co A W a H 1 7 a 8rm 320 32 8 11 80 + + 26 26 W N N A 0 N W N 00 o 10.0% I 2.5% 3.4% 25.0% co A 0 co co 0 0 O IR 13.1% J 6.3% 1 o e (0 C i m ff 3 N a 1 5 IUSACE and MWRD Permit Coordination A.ILandscape Architecture (project coordination and review only) Sub -total Item 4 1 4 'Landscape A rchitecture F.IFinal QA/QC Review Sub -total Item 3 m vc�ooD C4 z ° 3 Permit Coordination will be conducted by a subconsultant - SEC Permit Coordination (project coordnation and review only) Landscape Architecture will be conducted by a subconsultant - Hitchcock Design Group Final Quanity Calculations Final Estimates of Cost and Construction lime Final Plans Final Special Provisions Final Plans Disposition of Pre -Final Review Comments 1 o O W A N Department Head Personnel & Hours �= N A A 0 N N N N N Project Manager N N A A g N A A A A Project Engineer o o 0 Design Engineer II 07 co 0 C ACO ASA m foQ w S {O a 0 O O Design Technician O O co A W a H 1 7 a 8rm 0 0 A A QAIQC Engineer a o 0 a g3 CO CO + N N 8 150 18 8 O Cb CO g as 0 0 o 0 0 5.3% 100.0% N N Q� Of T Of e a 0a 2 N O m73 Z• = ✓ o 7) zm • -1 m3 m� • m z G) Rand Road Sidepath Central Road to Elk Boulevard City of Des Plaines PHASE 1 AND II ENGINEERING DIRECT COSTS AND SUBCONSULTANT SERVICES Direct Cost Phase 1 Engineering Subconsultant Expense Item 1 Early Coordination and Data Collection Mileage 1 trips @ 10 miles @ $0.560 $5.60 Item 2 Field Survey Subconsultant Expense - Compass Surveying, Ltd. See Exhibit B $22,450.00 Item 3 Alternate Geometric Studies Item 4 Environmental Studies Subconsultant Expense - Stuedemann Environmental Consulting, LLC See Exhibit D $12,357.98 Item 7 Draft Project Development Report Printing (Assume 10 copies) 25 sheets @ $0.50 100 sheets @ $0.15 Postage 2 packages @ $25.00 $12.50 $15.00 $50.00 Item 8 Agency Coordination Mileage 7 trips @ 10 miles @ $0.560 $39.20 Item 9 Stakeholder Coordination and Public Involvement Mileage 2 trips @ 2 trips @ Court Reporter 1 Lump Sum $1,000.00 Printing 100 sheets @ $0.25 Legal Notices 2 each $100.00 10 miles @ 9 miles @ $0.560 $0.560 $11.20 $10.08 $1,000.00 $25.00 $200.00 Item 10 Final Project Development Report Printing (Assume 10 copies) 25 sheets @ $0.50 $12.50 100 sheets @ $0.15 $15.00 Legal Notices 2 notices @ $35.00 $70.00 Postage 2 packages @ $25.00 $50.00 July 31, 2014 EXHIBIT B Page 1 of 2 Page 50 of 51 Rand Road Sidepath Central Road to Elk Boulevard City of Des Plaines PHASE I AND II ENGINEERING DIRECT COSTS AND SUBCONSULTANT SERVICES Direct Cost Phase II Engineering Subconsultant Expense Item 1 Preliminary (65%) Engineering Mileage 4 trips @ 30 miles @ $0.560 $67.20 Printing 1 full-size set @ 80 sheets @ $0.600 $48.00 4 half-size sets ( 80 sheets @ $0.150 $48.00 Postage 10 overnight items @ $25.000 $250.00 Item 2 Pre -Final Plans Mileage Printing Postage 2 trips @ 1 full-size set @ 4 half-size sets 7 books @ 5 ovemight items @ 30 miles @ $0.560 $33.60 120 sheets @ 120 sheets @ $0.600 $0.150 $25.000 $72.00 $72.00 $175.00 $25.000 $125.00 Item 3 Final Plans Mileage Printing Postage 2 trips @ 1 full-size set @ 4 half-size sets 5 books @ 5 ovemight items @ 30 miles @ $0.560 $33.60 120 sheets @ 120 sheets @ $0.600 $0.150 $25.000 $72.00 $72.00 $125.00 $25.000 $125.00 Item 4 Landscape Architecture Subconsultant Expense - Hitchcock Design Group See Exhibit C $9,737.41 Item 5 USACE and MWRD Permit Coordination Subconsultant Expense - Stuedemann Environmental Consulting, LLC See Exhibit D $4,987.62 TOTAL: $2,834 $49,533 July 31, 2014 EXHIBIT B Page 2 of 2 Page 51 of 51 +.� II I `e DES PLAINES ILLINOIS Consent Agenda Items # 6 & 68 City of Des Plaines Public Works and Engineering Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5390 Fax: 847-391-5619 MEMORANDUM Date: July 28, 2014 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineering Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering ypp Subject: Comcast Cable — Revocable License Agreement 701 Lee Street and 1501 Ellinwood Street Issue: Comcast of Illinois XI, LLC is requesting to install 547 feet of underground Community Access Television (CATV) cable from 701 Lee Street to the Des Plaines Library at 1501 Ellinwood Street at their expense. This project would be constructed within City -owned property. Analysis: The CATV cable would be bored underground within City property along the north side of Prairie Avenue between 701 Lee Street and the east line of our Library Parking Garage; then the installation will proceed north within the lower level of the parking garage to 1501 Ellinwood Street. The cable would be mounted in 2" diameter electrical metallic tubing within the parking garage. The Revocable License Agreement is necessary for the installation and maintenance of the CATV Cable on, under and within City -owned property by Comcast of Illinois XI, LLC. Recommendation: We recommend approval of the Revocable License Agreement with Comcast of Illinois XI, LLC, 1500 McConnor Parkway, Suite 200, Schaumburg, IL 60173 for the installation of CATV cable from 701 Lee Street to 1501 Ellinwood Street. Attachments: Resolution R-165-14 Exhibit A — Revocable License Agreement Page 1 of 15 CITY OF DES PLAINES RESOLUTION R - 165 - 14 A RESOLUTION APPROVING A REVOCABLE LICENSE AGREEMENT WITH COMCAST ILLINOIS XL LLC. WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City owns that certain property located on the north side of Prairie Avenue between Lee Street and Pearson Street in the City ("Property"); and WHEREAS, Comcast of Illinois XI, LLC ("Comcast"), has requested permission to install 547 feet of underground Community Access Television ("CATV") cable from 701 Lee Street to 1501 Ellinwood Street under and within the Property; and WHEREAS, the City and Comcast desire to enter into a revocable license agreement to permit the installation and maintenance of the CATV cable by Comcast under and within the Property ("License Agreement"); and WHEREAS, the City Council has determined that is in the best interest of the City to enter into the License Agreement with Licensee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DES PLAINES, COOK COUNTY, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: APPROVAL OF LICENSE AGREEMENT. The City Council hereby approves the License Agreement in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. SECTION 3: AUTHORIZATION TO EXECUTE LICENSE AGREEMENT. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, the final License Agreement only after receipt by the City Clerk of at least two executed copies of the License Agreement from Licensee; provided, however, that if the City Clerk does not receive such executed copies of the License Agreement from Licensee within 60 days after the date of adoption of this Resolution, then this authority to execute and seal the License Agreement shall, at the option of the City Council, be null and void. 1 Page 2 of 15 SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this _ day of , 2014. APPROVED this _ day of , 2014. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel Legal\Res\2014\DP-Resolution Approving Revocable License Agreement with Comcast #31988841_v1 2 Page 3 of 15 REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF DES PLAINES AND COMCAST OF ILLINOIS XI, LLC FOR THE INSTALLATION AND MAINTENANCE OF CATV CABLE ON, UNDER, AND WITHIN CITY -OWNED PROPERTY THIS REVOCABLE LICENSE AGREEMENT ("Agreement") is dated as of this day of July, 2014 ("Effective Dale"), by and between the CITY OF DES PLAINES, an Illinois home rule municipal corporation ("City"), and COMCAST OF ILLINOIS XI, LLC, a Delaware limited liability company ("Licensee"). IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in this Agreement, and pursuant to the City's home rule powers, the parties agree as follows: SECTION 1. RECITALS. A. The City owns that certain property located on the north side of Prairie Avenue between Lee Street and Pearson Street in Des Plaines, Illinois, and legally described in Exhibit A attached to this Agreement ("Property"). B. The Property is improved with a two-story parking structure ("Parking Structure"). C. Licensee desires, at its sole cost and expense, to install 547 feet of cable television cable ("Cable"), bored underground on the Property and through the Parking Structure, pinning between the properties commonly known as 701 Lee Street and 1501 Ellinwood Street along the route depicted on the plans ("Licensed Premises") attached to this Agreement as Exhibit B ("Plans"), for the purpose of providing cable television service to the property commonly known as 1501 Ellinwood Street. D. The City and Licensee have determined that it is in their respective best interests for the City to grant a revocable, non-exclusive license to Licensee to install and maintain the Cable within the Licensed Premises, all as set forth in this Agreement. SECTION 2. LICENSE. A. Grant of License. Subject to the terms and conditions of this Agreement, the City hereby grants to Licensee, and the Licensee hereby accepts, a non-exclusive revocable license to install and maintain the Cable within the Licensed Premises, pursuant to, and in strict accordance with, the Plans and the terms and provisions of this Agreement ("License"). The Licensee acknowledges and agrees that nothing in this Agreement shall be interpreted to provide a license to the Licensee to alter the Property, the Parking Structure. or the Licensed Premises in any way other than for the installation and maintenance of the Cable in accordance with the Plans. B. Limitation of Interest. Except for the License granted pursuant to this Agreement, the Licensee shall have no legal, beneficial, or equitable interest, whether by adverse possession or prescription or otherwise, in the Licensed Premises, the Property, the Parking Structure, or any public right-of-way or other property owned by the City. EXHIBIT A Page 4 of 15 C. Maintenance Guarantee. The License will not be valid or effective until the Licensee has furnished to the City a cashier's check or letter of credit in a form acceptable to the City's General Counsel in the amount of $0.00 ("Maintenance Guarantee"). The Maintenance Guarantee will be effective until the Licensee has completed the installation of the Cable within the Licensed Premises and the City has inspected and accepted the condition of the Licensed Premises, the Property, and the Parking Structure thereafter, at which time the City will return to the Licensee the Maintenance Guarantee, or such amount of the Maintenance Guarantee that is remaining after the City has deducted all amounts owed by the Licensee to the City pursuant to this Agreement. D. Term. The License will be for a term commencing on the Effective Date and ending on a terminating event described in Section 2.F of this Agreement ("License Term"). E. Where -Ls, As -Is. The Licensee hereby accepts the Licensed Premises in its condition at the time of the execution of this Agreement, WHERE -1S and AS -IS, and subject to applicable requirements of law. The Licensee acknowledges and agrees that: (i) the City has made no representation or warranty as to the suitability of the Licensed Premises for the Licensee's intended purposes; and (ii) except as expressly provided in this Agreement, the City will have no responsibility to maintain the Licensed Premises in any particular condition or manner. The Licensee waives any implied warranty that the Licensed Premises are or will be suitable for the Licensee's intended purposes. F. Termination of License; Removal of the Cable. I. Termination Event. Without prejudice to any other rights and remedies available pursuant to Section 7 of this Agreement, the License and this Agreement shall automatically terminate upon the occurrence of any of the following: a. Failure to Comply. The Licensee has violated any provision of this Agreement; provided, however, that prior to termination pursuant to this Section 2.F.I.a, the City shall provide the Licensee with 10 days prior written notice and an opportunity to cure the violation. b. Mutual Agreement. Upon the mutual written agreement of the City and the Licensee. c. Dangerous Condition. The Cable, or the installation or maintenance thereof, threaten the public health, safety, and welfare, and the City determines, in its sole discretion, to terminate the License and this Agreement to perform work necessary to abate the dangerous condition and protect the public health, safety, and welfare. 2. Removal of the Cable and Restoration of the Licensed Premises. a. Licensee Obligation. Upon the expiration or termination of the License and this Agreement, the Licensee, at its sole cost and expense, shall: (i) remove the Cable; and (ii) restore the Licensed Premises, the Property, the Parking Structure, and any other City -owned property as nearly as practicable to their condition immediately preceding the Effective Date, if any part of the Licensed Premises, the Property, the Parking Structure, and any other City -owned property is altered, disturbed, damaged, or removed by the Licensee as a result of the installation, maintenance, or removal of the Cable. The removal and restoration work described in this Subsection 2.F.2.a shall not, without the prior written approval of the City, in any way obstruct, disrupt, or interfere with access to the public right-of-way or the regular and customary operation of the Parking Structure. EXHIBIT A Page 5 of 15 b. Failure to Restore. In the event that the Licensee fails or refuses to remove the Cable, or to restore the Licensed Premises, the Property, the Parking Structure, or any other City -owned property that is altered, disturbed, damaged, or removed by the Licensee, in accordance with Section 2.F.2.a of this Agreement, the City shall have the right, but not the obligation, to perform and complete the removal and/or restoration and to recover from the Licensee all costs and expenses, including legal and administrative costs, incurred by the City for such work. The rights and remedies provided in this Section 2.F.2.b shall be in addition to, and not in limitation of, any other rights and remedies otherwise available to the City. SECTION 3. INSTALLATION; MAINTENANCE; INSPECTION; COSTS. A. Installation of Cable. The License acknowledges that Licensee, and not the City, is solely responsible for the installation of the Cable within the Licensed Premises, and the Licensee will install the Cable at its own risk. The Licensee shall, at its sole cost and expense, install the Cable within the Licensed Premises in a good and workmanlike manner, in accordance with the Plans, subject to inspection and approval by the City, and in accordance with the following: Compliance with Laws. The Licensee shall install the Cable in compliance with all applicable federal, state, and City laws, statutes, ordinances, rules, and regulations, as the same have been or may be amended from time to time. 2. No Obstructions. The Licensee shall insure that the Cable, and any part thereof, and any other devices, utilities, or other items, once installed, shall not obstruct any public right- of-way or any public signage, including without limitation roadway signage. 3. Restoration of City Property. The Licensee shall promptly clean all mud, dirt, or debris deposited on the Property, the Parking Structure, the Licensed Premises, or any street, sidewalk, or other public property by the Licensee or any agent of, or contractor hired by, or on behalf of, the Licensee, and shall repair any damage that may be caused by the activities of the Licensee or any agent of, or contractor hired by, or on behalf of, the Licensee in connection with the installation and maintenance of the Cable. If the Licensee fails to so clean or repair, or undertake with due diligence to so clean or repair, the Property, the Parking Structure, or any street, sidewalk, or other public property within one hour after the City gives the Licensee notice thereof, then the City shall have the right, but not the obligation, to cause the affected public property to be cleaned and repaired and to recover from the Licensee all costs incurred by the City in the performance of such work. B. Maintenance of Cable. 1. Licensee Obligations. The Licensee acknowledges and agrees that at all times during the License Term the Licensee, and not the City, will be solely responsible for the maintenance and repair of the Cable, and the Licensee shall maintain and repair the Cable at its own risk. 2. Maintenance in Proper and Working Condition. At all times during the License Term, the Licensee shall, at its sole cost and expense, keep the Cable and the Licensed Premises in the proper condition for their intended use, in a condition of good repair, and in a safe, clean, and sightly condition clear and reasonably free of snow, ice, dirt, and other natural conditions so as to avoid and prevent any and all hazards to the public and the public property in the vicinity of the Cable. EXHIBIT A Page 6 of 15 3. Compliance with Laws. At all times during the License Term, the Licensee shall keep the Cable in compliance with all applicable federal, state and City law, statutes, ordinances, resolutions, and regulations, as the same have been or may be amended from time to time. 4 Abatement of Dangerous Condition. in thc event the Cable, or the installation or maintenance thereof, threatens the public health and safety, the Licensee agrees that the City shall have the right, but not the obligation, to take all necessary action to abate the dangerous condition and to recover from the Licensee all costs incurred by the City in the performance of such abatement. C. Inspection. The City reserves the right to inspect the Cable and the Licensed Premises at any time, for any public purpose. D. Costs. Licensee understands, acknowledges, and agrees that the City assumes absolutely no responsibility for, or liability arising from, the construction, installation, care, operation, maintenance, repair, or replacement of any portion of the Cable and the Licensed Premises. SECTION 4. PUBLIC PURPOSE; RESERVED RIGHTS; NONINTERFERENCE. A. Public Purpose. The Licensee recognizes, acknowledges and agrees that the primary purpose of the City's ownership and use of the Property, the Parking Structure, and the Licensed Premises is for the public purposes of providing a public right-of-way, public parking, and other public purposes. The Licensee understands and agrees that its use of the Licensed Premises may, from time to time, be disrupted and disturbed due to the City's obligation to take certain actions necessary to safely operate and maintain the public right-of-way and the Parking Structure, including services necessary in emergency situations as determined by thc City, and the Licensee agrees to cooperate with the City in the City's provision of such services. B. Reserved Rights. The City hereby reserves the right to use the Property, the Parking Structure, and the Licensed Premises in any manner that will not prevent, impede, or interfere in any way with the exercise by Licensee of the rights granted pursuant to this Agreement. The City shall have the right to grant other non-exclusive licenses or easements, including, without limitation. licenses or easements for utility purposes, over, under, along, upon, through, or across the Property, the Parking Structure, and the Licensed Premises. The City reserves its right of full and normal access to the Property, the Parking Structure, and the Licensed Premises for any purpose, including without limitation the maintenance of any existing or future utility located thereon. Failure by the City to exercise any right herein granted shall not be construed as a waiver of that right or any other right. Nothing herein shall be deemed or construed to constitute a dedication of any real property by the City. C. Noninterference. The Licensee shall have the right during the License Term to use the Licensed Premises for the purpose of installing and maintaining the Cable in accordance with the terms and provisions of this Agreement; provided, however, that the Licensee shall not use the Licensed Premises in any manner that interferes with or disturbs the use of the Licensed Premises by: (1) the City for any lawful purpose; or (2) any easement holder or other licensee for any lawful use authorized by the City. EXHIBIT A Page 7 of 15 In addition to any other costs, payments, fees, charges, contributions, or dedications required by this Agreement or by applicable City Codes, the Licensee shall pay the City, upon presentation of a written demand or demands therefor, all administrative, engineering, and legal fees incurred by the City in connection with the enforcement of this Agreement. SECTION 9. AMOUNTS OWED TO CITY. If any amount charged to the Licensee by the City pursuant to this Agreement is not paid within 30 days following written demand by the City for payment, or if the City is otherwise entitled to recover any amounts from the Licensee pursuant to this Agreement, the City shall have the right to draw from the Maintenance Guarantee based on costs actually incurred or on the City's reasonable estimates of costs to be incurred, an amount of money sufficient to defray the entire cost of the amount charged to, or recoverable from, the Licensee, including legal fees and administrative expenses. SECTION 10. GENERAL PROVISIONS. A. Notice. All notices required or permitted to be given under this Agreement shall be given by the parties by: (i) personal delivery; (ii) deposit in the United States Registered Mail, return receipt requested, enclosed in a sealed envelope with first class postage thereon; or (iii) deposit with a nationally recognized overnight delivery service, addressed as stated in this Section 10.A. The address of any party may be changed by written notice to the other parties. Any mailed notice shall be deemed to have been given and received within three days after the same has been mailed and any notice given by overnight courier shall be deemed to have been given and received within 24 hours after deposit. address: Notices and communications to City shall be addressed to, and delivered at, the following City of Des Plaines 1420 Miner Street Des Plaines, IL 60016 ATTN: City Manager With a copy to: Holland & Knight LLP 131 South Dearborn, 30th Floor Chicago, IL 60603 ATTN: Peter M. Friedman Notices and communications to Licensee shall be addressed to, and delivered at, the following address: Comcast of Illinois XI, LLC Attn: Legal Department 1500 McConnor Parkway, Suite 200 Schaumburg, IL 60173 B. Time of the Essence. Time is of the essence in the performance of all of the terms and conditions of this Agreement. C. Amendments. No amendment or modification to this Agreement shall be Page 8 of 15 effective until it is reduced to writing and approved and executed by all parties to this Agreement in accordance with all applicable statutory procedures. D. Authority To Execute. The City hereby warrants and represents to the Licensee that the persons executing this Agreement on its behalf have been properly authorized to do so by the City. The Licensee hereby warrants and represents to the City that the Licensee has the full and complete right, power, and authority to enter into this Agreement and to agree to the terms, provisions, and conditions set forth in this Agreement. Non-Waivcr. The City shall be under no obligation to exercise any of the rights granted to it in this Agreement. The failure of the City to exercise at any time any right granted to the City shall not be deemed or construed to be a waiver of that right, nor shall the failure void or affect the City's right to enforce that right or any other right. F. Severability. If any provision of this Agreement is construed or held to be void, invalid, illegal, or unenforceable in any respect, the remaining part of that provision and the remaining provisions of this Agreement shall not be affected, impaired, or invalidated thereby, but shall remain in full force and effect. The unenforceability of any provision of this Agreement shall not affect the enforceability of that provision in any other situation. G. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements and negotiations between the parties, whether written or oral, relating to the License granted pursuant to this Agreement. H. Interpretation. This Agreement shall be construed without regard to the identity of the party who drafted the various provisions of this Agreement. Moreover, each and every provision of this Agreement shall be construed as though all parties participated equally in the drafting of this Agreement. As a result of the foregoing, any rule or construction that a document is to be construed against the drafting party shall not be applicable to this Agreement. 1. Exhibits. Exhibits A and B attached hereto are, by this reference, incorporated in and made a part of this Agreement. In the event of a conflict between an exhibit and the text of this Agreement, the text of this Agreement shall control. J. Survival of Obligations. All obligations of the Licensee pursuant to this Agreement that have not been fully performed as of the termination of this Agreement shall survive such termination, including, without limitation, the restoration obligations set forth in Section 2.F.2 of this Agreement, and the liability and indemnity obligations set forth in Section 6 of this Agreement. K. No Third Party Beneficiaries. No claim as a third party beneficiary under this Agreement by any person shall be made, or be valid, against the City or the Licensee. L. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to constitute a duly authorized original M. Binding Effect. The ten us of this Agreement shall bind and inure to the benefit of the Parties hereto and their agents, successors, and assigns. N. Calendar Days and Time. Any reference herein to "day" or "days" shall mean calendar and not business days. If the date for giving of any notice required to be given hereunder or the performance of any obligation Hereunder falls on a Saturday, Sunday or Federal holiday, then said notice or EXHIBIT A Page 9 of 15 obligation may be given or performed on the next business day after such Saturday, Sunday or Federal holiday. 0. Governing Law and Enforceability. This Agreement shall be governed by, construed and enforced in accordance with the internal laws, but not the conflict of laws rules, of the State of Illinois. This Agreement shall be enforceable in the Circuit Court of Cook County by each of the parties hereto by any appropriate action at law or in equity, including any action to secure the performance of the representations, promises, covenants, agreements, and obligations contained herein, by mandamus, specific performance, injunction, or otherwise, for a breach of this Agreement. P. Headings. The headings of the sections, paragraphs, and other parts of this Agreement are for convenience and reference only and in no way define, extend, limit or describe the scope or intent of this Agreement or the intent of any provision hereof. Q. Assignment. This Agreement, and the License granted by this Agreement, niay not be assigned by the Licensee without the prior written consent of the City, which consent the City may grant or deny in its sole discretion. [SIGNATURE PAGE FOLLOWS] EXHIBIT A Page 10 of 15 IN WITNESS WHEREOF, the parties hereto have executed or have caused this instrument to be executed by their proper officers duly authorized to execute the same. ATTEST: CITY OF DES PLAINES, an Illinois home rule municipal corporation City Clerk WITNESS: #30901167_vl By: Its: City Manager COMCAST OF ILLINOIS XI, LLC a Delaware limited liability company By: Jai Its: rfes Reed egional Vice President - Engineering EXHIBIT A Page 11 of 15 STATE OF ILLINOIS COUNTY OF COOK ) ) SS ) ACKNOWLEDGEMENTS CITY OF DES PLAINES The foregoing instrument was acknowledged before me on , 2014, by Michael Bartholomew, the City Manager of the CITY OF DES PLAINES, an Illinois home rule municipal corpora- tion, and by Gloria Ludwig, the City Clerk of said municipal corporation. SEAL My Commission expires: Signature of Notary STATE OF ILLINOIS COUNTY OF COOK ) ) ) COMCAST OF ILLINOIS XI, LLC SS instrument was acknov)IIellged before me on q:J"j , 2014, by •�z,.... ��% ,C%, :,y„Q� ;(;4.4 t- ..t Ctmcast of 111inois2X1, LL('f, which individual is known to me to be the iditical person who sired the foregoing instrument for and on behalf of said limited liability company, and that they executed the same as their free and voluntary act and deed and as the free and voluntaiy act of the limited liability compa,and purposes herein mentioned. SEAL My Commission expires: OFFICIAL SEAL AMY J WINCHELL NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES.O18117 EXHIBIT A Page 12 of 15 EXHIBIT A LEGAL DESCRIPTION Lot 4 of Library Plaza Subdivision of Part of lots 75 & 76, Lots 78 to 88 in the Town of Rand. Lots 1 to 5 & part of 6 to 10, in Block 8 in Parson & Lee's Addition to Des Plaines. Lots 1 to 15 in B. H. Winkleman's Subdivision. Lots 1 to 6 in Meyers Subdivision. Vacated Streets and Alley's & part of the SE '/4 of Section 17, Township 41 Range 12 East of the Third Principal Meridian. Recorded August 17, 1999. Pin # 09-17-419-035. 3 EXHIBIT A Page 13 of 15 1/1110111,:411 i Ei 4 to a OR g�8 11 p ifra VtiNE2 =P�a Yr O PP 0 a0 g D A D r m o ti Aiiii0811111, A.110-0, m -i � x m ard9D O DA33 0 r r c- m tri m ;mem Z Pr mD -IO2 c z C r 0 D r„,444i....„/ 0 C� Fm °z io �0 2 --I 0mN _1Iorn. cr3 n�� Cry 330 m St �ti i> Cto 44 , oCJ oQ -.S' A0 car OF DES PLANES ILLINOIS Consent Agenda ltcom # 7 & 7a City of Des Plaines Public Works and Engineering Department 1111 Joseph Schwab Road Des Plaines, IL 60016 Tel: 847-391-5464 Fax: 847-297-6801 MEMORANDUM Date: August 6, 2014 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Timothy Watkins, Assistant Director of Public Works & Engineering Timothy P. Oakley, P.E., CFM, Director of Public Works & Engineering `V Subject: Lease Renewal -SBC Tower Holdings Issue: The original lease with SBC Tower Holdings, LLC terminates August 30, 2014. Analysis: SBC Tower Holdings, LLC ("SBC") maintains a monopole structure and associated wireless antennas on a portion of the City's Public Works yard at 1099/1111 Joseph Schwab Road pursuant to a lease agreement dated August 31, 1984. We have successfully negotiated a new lease that incorporates updated legal language and added protection for the City. Additionally, the lease allows for four renewal terms of five years each. The prior lease rate was $6,800 per year. The new initial lease rate is $33,600 per year, a 394% increase and will automatically increase by 5% annually. This rate is now consistent with the City's other cellular leases. Recommendation: We recommend approval of the new lease agreement with SBC Tower Holdings, LLC, Suite 13-F West Tower, 575 Morosgo Drive, Atlanta, GA 30324. Attachments: Resolution R-169-14 Exhibit A — Lease Agreement Page 1 of 28 CITY OF DES PLAINES RESOLUTION R - 169 - 14 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF DES PLAINES AND SBC TOWER HOLDINGS LLC REGARDING WIRELESS SERVICE FACILITY AT 1099/1111 JOSEPH SCHWAB ROAD WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations and corporations, in any manner not prohibited by law or ordinance; and WHEREAS, SBC Tower Holdings, LLC ("SBC') maintains a monopole structure and associated wireless antennas ("Tower") on a portion of the City's Public Works yard at 1099/1111 Joseph Schwab Road ("City Property") pursuant to a lease agreement dated August 31, 1984 ("Original Lease"); and WHEREAS, the Original Lease terminates on August 30, 2014; and WHEREAS, SBC now desires to enter into a new lease agreement to allow it to continue to operate the Tower on the City Property; and WHEREAS, City staff recommends that the City enter into a new lease agreement with SBC; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into a new lease with SBC; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. That the recitals set forth herein above are incorporated herein by reference as the factual basis for this transaction. SECTION 2: APPROVAL OF LEASE AGREEMENT. The City Council hereby approves the lease agreement with SBC in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel ("Lease Agreement"). SECTION 3. AUTHORIZATION TO EXECUTE LEASE AGREEMENT. That the City Manager is hereby authorized to execute, and the City Clerk to attest, the Lease Agreement. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. 1 Page 2 of 28 PASSED this day of , 2014. APPROVED this day of , 2014. VOTE: AYES NAYS ABSENT MAYOR A1 -ZEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel 2 Page 3 of 28 City Council Review Draft 8/7/14 LEASE AGREEMENT between CITY OF DES PLAINES, as Landlord and SBC Tower Holdings LLC, as Tenant Dated as of August 31, 2014 EXHIBIT A Page 4 of 28 City Council Review Draft 8/7/14 EXHIBITS Exhibit A Plans Depicting Antenna Structure and Antenna Facilities Exhibit B Plans Depicting Equipment Building Exhibit C Legal Description of the Premises Exhibit D Legal Description of the Leased Property Exhibit E Legal Description of the Access Easement and Utility Easement Exhibit F Rent Schedule Exhibit G Form of Evidence of Lease II #11927172_v1 EXHIBIT A Page 5 of 28 City Council Review Draft 8/7/14 LEASE THIS LEASE AGREEMENT (the "Lease") is made as of the day of 20_, by and between the parties named in Article 1, which parties, in consideration of the mutual covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, do hereby agree as follows: RECITALS A. WHEREAS, Landlord (as defined in Article 1) is the sole owner of the Premises (as defined in Article 2); B. WHEREAS, Landlord leased the Leased Property (as defined in Article 2) to Tenant (as defined in Article 1), or its predecessor -in -interest, pursuant to that certain Lease Agreement dated August 31, 1984, and recorded in the Cook County Recorder of Deeds on August 1, 2009 in Document No. 0915231109 (the " Original Lease"); C. WHEREAS, Landlord notified Tenant of its intention to terminate the Original Lease effective August 31, 2014, pursuant to its termination rights under the Original Lease; and D. WHEREAS, Landlord and Tenant (collectively, the "Parties") desire to enter into this Lease to establish and extend Tenant's interest in the Premises and Leased Property effective simultaneously upon the expiration of the Original Lease and in accordance with the terms and provisions hereof. ARTICLE 1 - PARTIES 1.1 Landlord: CITY OF DES PLAINES, an Illinois municipal corporation (Landlord), whose notice and rental payment address is: City of Des Plaines 1420 Miner Street Des Plaines, IL 60016 1.2 Tenant: SBC TOWER HOLDINGS, LLC, a Delaware limited liability company (Tenant), whose notice address is: c/o AT&T Network Real Estate Administration RE: FA 10005053 Suite 13-F West Tower 575 Morosgo Drive Atlanta, GA 30324 With Copy To: AT&T Legal Department Attn: Network Counsel RE: FA 10005053 208 S. Akard Street Dallas, TX 75202-4206 EXHIBIT A Page 6 of 28 City Council Review Draft 8/7/14 ARTICLE 2 - BASIC LEASE TERMS AND DEFINITIONS In addition to other terms that are defined elsewhere in this Lease, the following terms, whenever set forth in initial capitals in this Lease, shall have the meanings set forth in this Article, except as otherwise expressly provided in this Lease: Antenna Facilities The personal wireless services antenna facilities and related improvements and facilities to be installed on the Premises, depicted as devoted to Tenant's use on Exhibit A. Antenna Structure The monopole tower of approximately 108 feet in height, as depicted on Exhibit A, currently existing and maintained on the Premises by the Tenant. Commencement Date The Commencement Date shall be August 31, 2014. Connection Space Those certain areas where Tenant's, and any of Tenant's lessees', sublessees', licensees', and customers' conduits, wires, cables, cable trays and other necessary connections are located between the Equipment Building and the Antenna Structure, between the Equipment Building and the electric power, telephone, and fuel sources for the Premises, and between the Leased Property and Joseph Schwab Road along the northern driveway for the Premises. Co -Tenant Any Entity other than Tenant leasing a portion of the Premises outside of the Leased Property for the Intended Use related to its respective leased area, or for any similar purpose. Delivery Date The Delivery Date shall be the date upon which Tenant obtains the last of the Governmental Approvals and the Other Approvals. Entity Any individual, corporation, firm, partnership, association, trustee or Governmental Agency. Equipment Building The buildings and other shelters located adjacent to the Antenna Structure within the Leased Property. Environmental Law a. Any applicable federal, state or local statute, law, ordinance, rule, regulation, code, license, permit, authorization, approval, consent, order, judgment, decree, injunction, directive, requirement by, of, or agreement with any Governmental Agency, existing as of the Lease Execution Date and as amended thereafter, relating to: i. the protection, preservation or restoration of the environment (including, without limitation, air, water, vapor, surface water, ground water, drinking water supply, surface land, subsurface land, plant and animal life, or any other natural resource), or to human health and safety; or ii. the exposure to, or the use, storage, recycling, treatment, generation, transportation, processing, handling, labeling, production, release or disposal of, Hazardous Substances. 2 #11927172_v1 EXHIBIT A Page 7 of 28 City Council Review Draft 8/7/14 b. Environmental Law also includes, without limitation, any common law or equitable doctrine (including, without limitation, injunctive relief and tort doctrines such as negligence, nuisance, trespass and strict liability) that may impose liability or obligations for injuries or damages related or incidental to, or threatened as a result of, the presence of or exposure to any Hazardous Substance and the following statutes and implementing regulations: i. the Clean Air Act, as amended (42 U.S.C. § 7401 et seq.); ii. the Water Pollution Control Act, as amended (33 U.S.C. § 1251 et seq.); iii. the Resource Conservation and Recovery Act, as amended (42 U.S.C. § 6901 et seq.); iv. the Comprehensive Environmental Response, Compensation and Liability Act, as amended (42 U.S.C. § 9601 et seq.); v. the Toxic Substances Control Act, as amended (15 U.S.C. § 2601 et seq.); and vi. the Occupational Safety and Health Act, as amended (29 U.S.C. § 651 et seq.). Floor Area The area determined by measuring from the interior faces of all outside walls and common walls. Governmental Agency Any federal, state or local government, subdivision, district, agency, department, court, tribunal, officer, board, commission or other instrumentality. Governmental Approvals All permits, licenses, easements, zoning relief, subdivision relief, orders, certificates or other authorizations issued by any applicable Governmental Agency necessary, required by Tenant to allow for the use and occupancy of the Premises and the Equipment Building for the Intended Use and the provision of all utilities necessary for the Intended Use. Hazardous Substance Any substance, whether liquid, solid or gas, that is listed, defined, designated or classified as toxic, hazardous, radioactive or dangerous under any Environmental Law, whether by type or by quantity. Hazardous Substance includes, without limitation, any contaminants, oils, explosive or radioactive material, asbestos, asbestos containing material, urea formaldehyde foam insulation, polychlorinated biphenyls ("PCB's"), special waste or petroleum products or any derivative or by-product thereof, methane, toxic waste, pollutant, contaminant, hazardous waste, toxic or hazardous substances or related materials, as defined in any applicable Environmental Law. Initial Term A period of five years beginning on the Commencement Date. Intended Use The construction, installation, operation and maintenance of the Antenna Facilities and utility services related thereto Lease Execution Date The date set forth in the first paragraph of Page 1 of this Lease, irrespective of the date on which either party in fact caused this Lease to be executed. 3 #11927172_v1 EXHIBIT A Page 8 of 28 City Council Review Draft 8/7/14 Lease Year The first Lease Year shall be for a period of twelve consecutive calendar months beginning on the Commencement Date, except that if the Commencement Date shall be other than the first day of a calendar month, the first Lease Year shall be the period beginning on the Commencement Date and ending on the last day of the calendar month in which it shall occur, plus the following twelve calendar months. Each Lease Year after the first Lease Year shall be a successive period of twelve calendar months. Leased Property Antenna Structure, together with the Equipment Building. Other Approvals All permits, licenses, easements, zoning relief, subdivision relief, orders and certificates or other authorizations issued by any applicable Entity other than a Governmental Agency required by Tenant to allow for the use and occupancy of the Premises and the Equipment Building for the Intended Use and the provision of all utilities necessary for the Intended Use. Premises That certain real property located 1099/1111 Joseph Schwab Road in Des Plaines, Illinois, as further identified by Parcel No. 09-21-205-001-0000, and legally described in Exhibit C. Renewal Term(s) four (4) period(s) of five Lease Years each. Rent a. Initial Term: $33.600.00 per Lease Year, payable annually in advance. b. Commencing in the second lease year of the Initial Term, and each year thereafter, including throughout any Renewal Terms exercised, the Rent will increase by five percent (5%) over the Rent paid during the previous year as set forth in Exhibit D. Tax Year The year in which Taxes are due and payable to the applicable Governmental Agency. Taxes Ad valorem real property taxes and assessments (whether general or special) that are lawfully levied or assessed by any Governmental Agency and that become a lien on, or are levied against, the tax parcel of which the Leased Property is a part. Term The Initial Term and any Renewal Term exercised pursuant to the provisions of this Lease, as the context shall require. ARTICLE 3 - DEMISE Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Leased Property and such related uses of the Premises as may be described in this Lease. ARTICLE 4 - TERM Tenant shall have and hold the Leased Property, and such related uses of the Premises as may be described in this Lease, for the Term, unless sooner terminated as hereinafter provided. 4 #11927172_v1 EXHIBIT A Page 9 of 28 City Council Review Draft 8/7/14 ARTICLE 5 - RENT 5.1 On the first day of the first Lease Year, Tenant shall pay to Landlord, (i) the Rent. On the first day of each subsequent Lease Year for the balance of the Term, Tenant shall pay the Rent to Landlord. 5.2 this Lease. Tenant shall pay all rent to Landlord at the address set forth in Article 1 of 5.3 Tenant shall pay to Landlord a late payment charge equal to five percent (5%) of the total amount due for any Rent not paid within fifteen (15) days after the date on which such Rent is due, such late charge shall begin accruing immediately upon the expiration of such fifteen (15) day period. 5.4 Landlord shall not be permitted any of its rights under Section 19 unless and until Landlord provides the written notice to Tenant of its failure to make any Rent payment and Tenant fails to cure such default within the prescribed cure period therein. ARTICLE 6 — TAXES 6.1 The Taxes on the Leased Property shall be either: (a) the actual Taxes if the Leased Property is a separate tax parcel; or (b) the taxes attributable to Tenant's Antenna Facilities, Equipment Building, and Antenna Structure, if the Leased Property is not a separate tax parcel. 6.2 In the event that this Lease results in the partial or total loss of the Premises' exemption from Taxes, Tenant shall be responsible for the payment of the Taxes assessed against the Premises that include the Leased Property: (a) If the Leased Property is a separate tax parcel, Tenant shall pay the full amount of all Taxes assessed thereon to the Governmental Agency. (b) If the Leased Property is not a separate tax parcel, and upon receipt from Landlord of the tax bill, Tenant shall pay to Landlord, an amount equal to the Taxes attributable to the Leased Property, at least fifteen days prior to the due date for such Taxes during each Tax Year of the Term, or Landlord may pay the amount of the Taxes assessed against the Leased Property and subsequently submit a bill to Tenant for any portion of Taxes attributable to the Leased Property at least five days before Taxes are due on the Premises. 6.3 Tenant shall be solely responsible for, and shall timely pay, all personal property taxes levied and assessed, if any, against Tenant or Tenant's personal property. 6.4 At the request of either party, the other party shall provide evidence of payment of any Taxes or personal property taxes within thirty (30) days of written request by the requesting party. 5 #11927172_v1 EXHIBIT A Page 10 of 28 City Council Review Draft 8/7/14 6.5 Tenant shall be solely responsible for all costs and expenses attributable to any divisions, consolidations, or other applications and relief relating to Taxes that may result from this Lease or Tenant's use of the Leased Property and the Premises. Tenant shall reimburse Landlord for Tenant's Proportionate Share of any costs and expenses, including attorneys' fees, incurred by Landlord in connection with such matters. ARTICLE 7 - USE 7.1 Tenant shall, at its sole cost and expense, and with the prompt cooperation of Landlord, if necessary, obtain any and all Governmental Approvals and Other Approvals that may be required in connection with the use of the Leased Property for the Intended Use. 7.2 Tenant shall have the right during the Term to use the Leased Property for the Intended Use; provided, however, that Tenant shall not use the Leased Property in any manner that interferes with or disturbs the use of the Premises (i) by Landlord for any lawful purpose or (ii) by a Co -Tenant for any lawful use authorized under Landlord's lease with Co -Tenant. Landlord acknowledges that Tenant's Intended Use, as it exists as of the Commencement Date, does not create any interference or disturbance of its use or its any Co -Tenant's use of the Premises, and that Tenant's Intended Use as of the Commencement Date complies with the provisions of this section and this Lease. ARTICLE 8 - QUIET ENJOYMENT; CO -TENANTS 8.1 Tenant recognizes that Landlord has the right to, and may from time to time, lease any portion of the Premises, except for the Leased Property, to Co -Tenants. Tenant further recognizes that Landlord has entered into, or will enter into in the near future, the following lease agreements for the Intended Use of the Premises by the Co - Tenants: Lease Agreement Between the City of Des Plaines Crown Castle GT Company, LLC, dated April 27, 2008. Tenant acknowledges and agrees that it has reviewed all such lease agreements and has no objection to said lease agreements or the Intended Use of the Premises by each Co - Tenant thereunder. 8.2 Tenant recognizes, acknowledges and agrees that the primary purpose of Landlord's ownership and use of the Premises is for the public purposes of providing public works services within Landlord's corporate limits. Tenant understands and agrees that its Intended Use of the Leased Property and the Premises may, from time to time, be disrupted and disturbed due to Landlord's obligation to provide public works and such other services, including emergency situations as determined by Landlord, and Tenant agrees to cooperate with Landlord in Landlord's provision of such services. Notwithstanding the foregoing, Landlord shall use its best efforts to notify Tenant if any actions taken by Landlord in response to its foregoing obligation to provide public works and such other services could interfere with Tenant's operations on the Premises. 8.3 Landlord covenants and agrees that upon (i) payment by Tenant of Rent as set forth in Article 5 of this Lease and (ii) performance by Tenant of all terms, covenants and conditions of this Lease applicable to Tenant, Tenant shall peaceably and quietly hold and enjoy the Leased Property and the rights and privileges granted for the Term demised 6 #11927172_v1 EXHIBIT A Page 11 of 28 City Council Review Draft 8/7/14 without hindrance or interference by Landlord, and Landlord shall perform all of its obligations under this Lease. 8.4 In the event that (i) Tenant's use of the Leased Property for the Intended Use is interfered with or disturbed by a Co -Tenant or an officer, agent, employee or contractor of, or other Entity acting on behalf of, a Co -Tenant, or (ii) any property of Tenant's located on the Premises is damaged by a Co -Tenant or an officer, agent, employee or contractor of, or other Entity acting on behalf of, a Co -Tenant, Tenant shall make any claim for such interference, disturbance or damage directly against such Co - Tenant and shall neither have nor make any claim therefor against Landlord, except to the extent that such interference, disturbance, and/or damage is permitted in the lease or other agreement between that Co -Tenant and Landlord, in which case Tenant shall be permitted to pursue any and all rights against Landlord in addition to claims against the Co -Tenant. Tenant shall provide a copy of any notice by Tenant to a Co -Tenant of such claim. The protection of Landlord provided by Tenant in Article 13 of this Lease shall include all claims among Tenant and any Co -Tenants. ARTICLE 9 - UTILITIES From the Commencement Date and continuing throughout the Term: a. Tenant shall be responsible for obtaining any utility services for the Leased Property that it desires. b. Tenant's use and consumption of any utility services upon the Premises shall be separately metered, at Tenant's cost and expense, from that of Landlord and all Co -Tenants and other occupants of the Premises. c. Tenant shall be responsible for, and shall pay promptly, all charges for utility services used or consumed by Tenant on the Premises. ARTICLE 10 - ACCESS 10.1 Tenant and its authorized representatives shall have the right, at all times, to enter the Premises via the northern driveway to the Premises off of Joseph Schwab Road for the purpose of gaining access to and from the Leased Property, but only after first checking in with City personnel on -duty at the City's public works facility located on the Premises. Tenant shall use its best efforts to provide commercially reasonable prior notice to Landlord of its intent to enter onto the Premises. Notwithstanding the foregoing obligation of Tenant to check-in with City personnel, Tenant shall be permitted entry (i) if Tenant is unable to contact or locate any City personnel at the designated check-in location after using diligent efforts to locate such personnel, and (ii) in the event of a bona fide emergency requiring immediate entry to the Leased Property. Landlord and its agents may not enter the Leased Property without providing Tenant sufficient notice for Tenant to permit an authorized representative of Tenant to join any of Landlord's representatives on the Leased Property; provided, however, that notice to Tenant shall not be required in the event of a bona fide emergency, which shall be defined as an event in which imminent bodily harm and/or damage to Landlord's property will occur without immediate intervention or inspection of the Leased Premises. 7 #11927172_v1 EXHIBIT A Page 12 of 28 City Council Review Draft 8/7/14 10.2 In addition to the access rights provided above, Landlord hereby grants the Tenant the following rights: a. A right to run cable, including constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, through the Connection Space to allow the Leased Property to be used for the Intended Use. b. A right of access to and over the northern driveway to the Premises off of Joseph Schwab Road and the Connection Space upon advanced notice to, and approval by, Landlord for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as may be required in order to provide utility or similar services, including electronic power and telecommunications, to the Leased Property for the Intended Use. This right will extend to any company providing utility or similar services, including electronic power and telecommunications to the Lease Property. ARTICLE 11 - PROPERTY IN OR UPON LEASED PROPERTY All facilities, equipment and property of any nature that may be installed or placed in or upon the Leased Property by Tenant, but not including the Equipment Building, shall remain the property of Tenant. Landlord waives any right it may have in said facilities, equipment and property other than the Equipment Building. Tenant may assign, lien, encumber, mortgage or create a security interest in or upon its facilities, equipment or other property in or upon the Leased Property without the consent of Landlord; provided, however, that Tenant may not assign, lien, encumber, mortgage or create a security interest in any facilities, equipment or property of the Landlord, including the Antenna Structure, the Premises and the Equipment Building. ARTICLE 12 - MAINTENANCE Tenant shall, at its sole cost and expense, maintain the Antenna Facilities and all of its improvements, equipment and other personal property located upon or within the Leased Property in good condition and repair. Tenant shall keep the Leased Property free of debris and free of any dangerous, noxious, hazardous or offensive condition. ARTICLE 13 - IMPROVEMENTS The Antenna Structure and the Antenna Facilities installed on the Leased Property shall conform with the plans shown in Exhibit A. No change in or modification to the Antenna Facilities that is not consistent with the Intended Use shall be made by Tenant without an amendment to this Lease in the manner provided in Article 28 of the Lease. Notwithstanding the foregoing, Tenant has the right to modify, supplement, replace, upgrade, expand any Equipment Building, located within the Leased Property at any time during the term of this Lease, without Landlord's consent. Furthermore, the Tenant shall have the right to replace, repair and upgrade any Antenna Facilities on the Antenna Structure so long as such work is conducted in conformance with the building codes and associated permitting requirements of the Landlord. Tenant may not increase the height of the Antenna Structure without the prior written consent of Landlord. Tenant will be allowed to make all such alterations to the Antenna Facilities without Landlord's consent in order to ensure compliance with all applicable federal, state or local laws, rules or regulations. 8 #11927172_v1 EXHIBIT A Page 13 of 28 City Council Review Draft 8/7/14 ARTICLE 14 - INDEMNIFICATION Tenant shall indemnify, save harmless, and defend Landlord, its boards, committees, commissions, officers, agents and employees, against any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses, including attorneys' fees and administrative expenses, that arise, or are alleged to have arisen, out of or in connection with the existence of this Lease or any act or omission of Tenant whether or not due or claimed to be due in whole or in part to the active, passive, or concurrent negligence or fault of Tenant, except to the extent caused by the sole negligence of Landlord. ARTICLE 15 - INSURANCE 15.1 Tenant shall maintain insurance on any of its property located on the Premises as it may deem reasonable and necessary. Landlord shall have no liability for damage, destruction or loss to such property. 15.2 Tenant shall maintain, at its sole cost and expense, throughout the Term, the following policies of insurance issued by a company with at least an "A-" rating from the most recently published A.M. Best and Company Guide and authorized to do business in the State of Illinois: a. General liability insurance, insuring Tenant against liability for personal injury, death or damage to property arising out of the use of the Leased Property by Tenant. Such insurance shall provide coverage with a combined policy limit of not less than $5 million per single occurrence, and $10 million in the aggregate. b. Automobile liability insurance, on an "any auto" basis, with a combined single limit for personal injury and property damage not less than $2 million. c. Workers' compensation insurance, with such limits as are required by law, and employer's liability insurance, with limits of $500,000 per accident, $500,000 per disease, per employee and $1,000,000 per disease, policy limits. With respect to all insurance policies required to be maintained by Tenant pursuant to this Lease: x. The following parties shall be named as additional insureds: y• #11927172_v1 The City of Des Plaines and its boards, committees, commissions, officers, agents and employees. The policy shall contain the following endorsement: "The insurer shall give the City of Des Plaines at least sixty days prior written notice of any intention not to renew or cancel such policy, such notice to be given by certified mail, return receipt requested, addressed to: City Manager, City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016" 9 EXHIBIT A Page 14 of 28 City Council Review Draft 8/7/14 Tenant shall send a certificate of insurance covering each such policy to Landlord upon fifteen (15) business days' prior written notice by Landlord, and within thirty (30) days any time a new policy is issued. 15.3 Notwithstanding the foregoing, Tenant may self -insure the coverages required in subsection 15.2 under the same terms provided that that (i) Tenant or its parent company maintains a net worth of $500,000,000 throughout the term of this Agreement; (ii) Tenant maintains sufficient capital reserves as approved annually by Ernst & Young or any successor auditing company; (iii) Tenant uses a third party administrator to manage all claims; (iv) Tenant is responsible for payment of any self-insured retention; and (v) Tenant provides Landlord with sufficient advance notice of its intent to self -insure. In the event Tenant elects to self -insure its obligation to include Landlord as an additional insured, the following provisions shall apply (in addition to those set forth in subsection 15.2): (i) Landlord shall promptly and no later than thirty (30) days after notice thereof provide Tenant with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Tenant with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) Landlord shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Tenant; and (iii) Landlord shall fully cooperate with Tenant in the defense of the claim, demand, lawsuit, or the like. 15.4 Landlord shall, at its own cost and expense, at all times throughout the Term carry all-risk property insurance for or properly self -insure the Equipment Building. ARTICLE 16 - EMINENT DOMAIN In the event that all or substantially all of the Premises shall be taken by any Governmental Agency or utility that has the power of eminent domain, then Tenant shall have the right to terminate this Lease within sixty (60) days thereafter. Each party shall have the right to maintain its own respective action against the condemning authority for its respective damages and neither party shall have any interest in any award granted to the other. ARTICLE 17 - ENVIRONMENTAL COMPLIANCE 17.1 Tenant shall, at Tenant's sole cost and expense, comply with all Environmental Laws pertaining to Tenant's operations on the Premises. 17.2 Tenant shall not cause or permit any Hazardous Substance to be brought, kept, stored or used in or about the Premises; provided, however, that Tenant may use batteries or a generator to provide power on a temporary basis for the Antenna Facilities in the event of a bona fide emergency, so long as such power source, and its operation and use, complies with all Environmental Laws. 17.3 If Tenant causes or permits any Hazardous Substance to be brought, kept, stored or used in or about the Premises and such violation results in the contamination of the Premises, Tenant shall indemnify, save harmless and defend Landlord, and its boards, committees, commissions, officers, agents and employees, against any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses, including attorneys' fees and administrative expenses, that arise, or are alleged to have arisen, out of or in connection with Tenant's acts or omissions in connection with such Hazardous Substance whether or not due or claimed to be due in whole or in part to the active, passive, or concurrent 10 #11927172_v1 EXHIBIT A Page 15 of 28 City Council Review Draft 8/7/14 negligence or fault of Tenant, except to the extent caused by the sole negligence of Landlord. 17.4 Tenant represents, covenants and warrants that Tenant's operations in, on or under the Premises shall be in compliance with all applicable Environmental Laws. ARTICLE 18 - ASSIGNMENT AND SUBLETTING Tenant will have the right to assign, sell or transfer its interest under this Lease, in whole or part, to any Affiliate, with prior written notice to Landlord, providing Landlord with the affiliate entity name and necessary contact information to permit Landlord to provide any notice required under this Lease. Further, Tenant will have the right to assign, sell or transfer its interest under this Lease, in whole or part, with Landlord's consent, which consent may not be unreasonably withheld, conditioned, or delayed, to: (a) to any wireless telecommunication operator with a net worth of at least Twenty Million Dollars ($20,000,000) or (b) any entity that acquires all or substantially all of the Tenant's assets in the market as defined by the Federal Communications Commission in which the Property is located. Notwithstanding the foregoing, Tenant shall be permitted to assign this Lease to American Tower Asset Sub II, LLC, or any Affiliate. Upon notification to Landlord of any assignment, transfer or sale and execution by the assignee of a written and binding instrument accepting such assignment and all obligations under this Lease, Tenant will be relieved of all future performance, liabilities and obligations under this Lease. Tenant may not otherwise assign or sublease this Lease without Landlord's consent, Landlord's consent not to be unreasonably withheld, conditioned or delayed. "Affiliate" means with respect to a party to this Lease or American Tower Asset Sub II, LLC, any person or entity that (directly or indirectly) controls, is controlled by, or under common control with, that party. "Control" of a person or entity means the power (directly or indirectly) to direct the management or policies of that person or entity, whether through the ownership of voting securities, by contract, by agency or otherwise. Tenant shall be permitted to enter into any sublease, license or other agreement consistent with the Intended Use, without prior notice to or consent of Landlord. ARTICLE 19 - DEFAULT 19.1 Tenant shall be in default of this Lease if Tenant shall: a. fail to pay, when due, any Rent or any other sums due and payable hereunder within 15 days after written notice by Landlord to Tenant specifying the amount and details of unpaid Rent or other sums due hereunder; or b. breaches any other covenant or condition of this Lease and does not cure such other default within 30 days after written notice from Landlord specifying the default complained of (provided that is such default is not reasonably susceptible of cure within said thirty day period and if Tenant is diligently and continuously pursuing such cure to completion then such cure period may be extended by up to sixty (60) additional days); c. if Tenant discontinues use and operation of the Antenna Facilities on the Leased Property; for a period exceeding two (2) years, which shall be deemed an abandonment of the Leased Property; 11 #11927172_v1 EXHIBIT A Page 16 of 28 City Council Review Draft 8/7/14 d. if Tenant is adjudicated as bankrupt or assigns its interest to any creditor for the purpose of a credit or loan workout, such assignment remaining subject to the provisions of Article 18; or e. if Tenant becomes legally insolvent. 19.2 In the event of a default as described above, Landlord shall have the right, at its option, in addition to and not exclusive of any other remedy Landlord may have in law or equity with only such further demand or notice as may be required by applicable law, to re-enter the Leased Property and eject all persons therefrom, and either: a. Declare this Lease terminated, in which event Tenant shall immediately remove the Antenna Facilities and pay Landlord a sum of money equal to the total of: (i) the amount of the unpaid Rent accrued through the date of termination; (ii) the amount by which the unpaid Rent otherwise due for the balance of the applicable Term exceeds the amount of rent received by Landlord as a result of re -letting the Leased Property; and (iii) any other amount necessary to compensate Landlord for all detriment directly and proximately caused by Tenant's failure to perform its obligation under the Lease; or b. Only in the event that Tenant has abandoned the Leased Property, is adjudicated as bankrupt, or becomes legally insolvent, then, without terminating this Lease, re -let the Leased Property, or any part thereof, for the account of Tenant upon such terms and conditions as Landlord may deem advisable, and any monies received from such re -letting shall be applied first to the expenses of such re -letting and collection, including reasonable attorneys' fees, any real estate commissions paid, and thereafter toward payment of all sums due or to become due Landlord hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant shall pay Landlord any deficiency monthly upon demand 19.3 Landlord shall be deemed to be in default of this Lease if Landlord breaches any of its covenants contained in this Lease and does not cure such other default within 30 days after notice from Tenant specifying the event of default (provided that if such default is not reasonably susceptible of cure within said 30 day period and Landlord diligently and continuously pursues such cure to completion then such cure period may be extended by up to 90 additional days). 19.4 In any action or proceeding hereunder, the prevailing party shall be entitled to recover from the other, the prevailing party's reasonable costs and expenses in such action or proceeding, including, without limitation, reasonable attorneys' fees. In the event either party is sued by a third party as a result of a violation of a covenant or warranty herein contained by the other party hereto, then the party who has violated or is alleged to have violated such covenant or warranty shall be responsible for the reasonable costs and expenses in such action or proceeding against the non -violating party, including, without limitation, reasonable attorneys' fees. ARTICLE 20 - FORCE MAJEURE Except as otherwise expressly set forth herein, in the event either party hereto shall be delayed or hindered in, or prevented from, the performance of any act required hereunder by reason of strikes, lock -outs, labor troubles, inability to procure materials due to economic shortages, failure of power, riots, insurrection, war or other reasons of a like nature not the fault of the party delayed in doing acts required under the terms, covenants and conditions of this 12 #11927172_v1 EXHIBIT A Page 17 of 28 City Council Review Draft 8/7/14 Lease (all of such reasons or causes referred to in this Lease as Force Majeure), then performance of such acts shall be excused for the period of the delay and the period of the performance of any such act shall be extended for a period equivalent to the period of such delay. ARTICLE 21 - EVIDENCE OF LEASE Concurrent with the execution of this Lease, Landlord and Tenant shall execute an evidence of this Lease for recording, substantially in the form of Exhibit G ("Evidence of Lease'). The cost of recording the Evidence of Lease shall be paid by Tenant. In the event of a significant change to the terms, covenants and conditions of this Lease, as determined by the Parties, Landlord and Tenant shall execute and record a new or amended and restated Evidence of Lease stating such changed terms. ARTICLE 22 - ESTOPPEL CERTIFICATE Upon notice from either Landlord or Tenant to the other party, such other party shall, within twenty days of receipt of such notice, execute and deliver to the requesting party, without charge, a written statement: a. ratifying this Lease; b. certifying that this Lease is in full force and effect, if such is the case, and has not been modified, assigned, supplemented or amended, except by such writings as shall be stated; c. certifying that all terms, covenants and conditions under this Lease to be satisfied and performed have been satisfied and performed, except as shall be stated; d. certifying that neither party is not in default under this Lease, or stating the defaults claimed; and e. reciting the amount of advance rental, if any, paid by Tenant and the date to which rental has been paid. ARTICLE 23 - SUBORDINATION 23.1 Landlord reserves the right to subject and subordinate this Lease at all times to the lien of any first mortgage or deed or trust or bond now or hereafter placed upon Landlord's interest in the Premises; provided, however, that: a. Tenant's possession of the Leased Property shall not be disturbed and that such lienholder or mortgagee shall acknowledge and attorn to Tenant's interest in the Leased Property and this Lease, so long as Tenant continues to perform its duties and obligations under this Lease; and b. Tenant's duties and obligations under this Lease shall not be expanded nor its rights diminished by the operation of this Article, 13 #11927172_vl EXHIBIT A Page 18 of 28 City Council Review Draft 8/7/14 23.2 In the event of foreclosure and mortgagee's subsequent assumption of Landlord's interest in the Lease, Tenant shall attorn to the mortgagee, trustee, beneficiary or bond holder under any such mortgage, deed of trust or bond, and to the purchaser in a sale pursuant to the foreclosure thereof; provided, however, that Tenant's possession of the Premises shall not be disturbed so long as Tenant shall continue to perform its obligations under the Lease. ARTICLE 24 - SURRENDER OF LEASED PROPERTY No later than 30 days after the expiration of the Term, Tenant will quit and surrender the Leased Property in as good a state and condition as received, reasonable wear and tear, items that are Landlord's responsibility for repair, and damage by insurable casualty, excepted. Tenant will, at Landlord's request, remove all footings, foundations, concrete or underground utilities installed on the Leased Property by Tenant to a depth not to exceed more than three feet below grade. ARTICLE 25 - HOLD OVER In the event Tenant fails to deliver possession of the Leased Property by the last day of the Term, subject to the surrender of Leased Property provisions of Article 24, this Lease shall be extended on a year-to-year basis until terminated by either party hereto upon thirty days' prior written notice. Rent due to Landlord during any such extended time shall be equal to two hundred percent (200%) of the rent due during the prior Lease Year. ARTICLE 26 - RENEWAL TERM(S) Landlord hereby grants to Tenant the right and option to renew this Lease and extend the Term for the Renewal Term(s) upon the terms, covenants and conditions contained in this Lease. Tenant must exercise its option by giving written notice to that effect to Landlord at least three (3) calendar months before the expiration of the then current Term. Tenant's failure to exercise its option to renew any Renewal Term shall not result in immediately termination of the Lease. Landlord shall provide written notice of Tenant's failure to exercise its option to renew at least three (3) months prior to the expiration of the then current Term, and provide Tenant with an option to (i) renew for such Renewal Term, subject to a one-time payment equal to the monthly equivalent of Rent during that given Renewal Term, or (ii) terminate the Lease, to which notice Tenant shall respond within ten (10) days of receipt. ARTICLE 27 - BROKER'S COMMISSION Landlord and Tenant each warrant to the other that they have used no brokerage Entity in connection with this Lease and that no brokerage fees or commissions are owed in connection therewith. Each party shall, and does hereby, indemnify, save harmless and agree to defend the other from any liability for any such fees and commissions. 14 #11927172.y1 EXHIBIT A Page 19 of 28 City Council Review Draft 8/7/14 ARTICLE 28 - GENERAL 28.1 Notices. Any notice or other communication required or permitted to be given under this Lease shall be in writing and shall be (a) personally delivered, (b) delivered by a reputable overnight courier, or (c) delivered by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid. Telecopy notices shall be deemed valid only to the extent they are (i) actually received by the individual to whom addressed and (ii) followed by delivery in the manner described in either (a), (b) or (c) above within three (3) business days thereafter. Unless otherwise expressly provided in this Lease, notices shall be deemed received at the earlier (x) of actual receipt, or (y) one (1) business day after deposit with an overnight courier as evidenced by a receipt of deposit or (z) three (3) business days following deposit in the U.S. mail, as evidenced by a return receipt. Notices shall be directed to the parties at their respective addresses set forth in Article 1 of this Lease or at such other address as either party may, from time to time, specify by written notice to the other in the manner described above. 28.2 Time of the Essence. Time is of the essence in the performance of all terms, covenants and conditions of this Lease. 28.3 Rights Cumulative. Unless expressly provided to the contrary in this Lease, each and every one of the rights, remedies and benefits provided by this Lease shall be cumulative and shall not be exclusive of any other such rights, remedies and benefits allowed by law. 28.4 Non -Waiver. Except as otherwise provided herein, the failure of Landlord or Tenant to enforce against the other any term, covenant or condition of this Lease shall not be deemed a waiver thereof, nor void or affect the right of the aggrieved party to enforce the same term, covenant or condition on the occasion of any subsequent breach or default; nor shall the failure of either party to exercise any option in this Lease upon any occasion arising therefor be deemed or construed to be a waiver of the right to exercise that same kind of option upon any subsequent occasion. 28.5 No Joint Venture. It is hereby understood and agreed that nothing contained in this Lease shall be deemed or construed as creating the relationship of principal and agent, partnership or joint venture between the parties hereto, it being agreed that no provision herein contained nor any acts of the parties herein shall be deemed to create any relationship between the parties hereto other than the relationship of Landlord and Tenant. 28.6 Consents. Whenever the consent or approval of either party is required herein, such consent or approval shall be in writing and shall not be unreasonably withheld, conditioned, or delayed, and, in all matters contained herein, both parties shall have an implied obligation of reasonableness, except as may be expressly set forth otherwise. 28.7 Warranties Regarding Execution. a. In order to induce Tenant to enter into this Lease, Landlord hereby warrants and represents to Tenant as follows: i. Landlord has the authority and legal right to make, deliver and perform this Lease and has taken all necessary actions 15 #11927172_v1 EXHIBIT A Page 20 of 28 City Council Review Draft 8/7/14 to authorize the execution, delivery and performance of this Lease; and ii. the execution, delivery and performance of this Lease (i) is not prohibited by any requirement of law under any contractual obligation of Landlord; (ii) will not result in a breach or default under any agreement to which Landlord is a party or to which Landlord is bound; and (iii) will not violate any restrictions, court order or agreement to which Landlord is subject; and iii. The party executing this Lease on behalf of Landlord has full authority to bind Landlord to the obligations set forth herein. b. In order to induce Landlord to enter into this Lease, Tenant hereby warrants and represents to Landlord as follows: i. Tenant has the authority and legal right to make, deliver and perform this Lease and has taken all necessary actions to authorize the execution, delivery and performance of this Lease; and ii. the execution, delivery and performance of this Lease (i) is not prohibited by any requirement of law under any contractual obligation of Tenant; (ii) will not result in a breach or default under any agreement to which Tenant is a party or to which Tenant is bound; and (iii) will not violate any restrictions, court order or agreement to which Tenant is subject; and iii. The party executing this Lease on behalf of Tenant has full authority to bind Tenant to the obligations set forth herein. 28.8 Governing Law. This Lease shall be governed by, construed and enforced in accordance with the internal laws, but not the conflict of laws rules, of the State of Illinois. 28.9 Severability. If any term, covenant or condition of this Lease is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 28.10 Entire Agreement. This Lease shall constitute the entire agreement of the parties hereto; all prior agreements between the parties, whether written or oral, are merged herein and shall be of no force and effect. 28.11 Successors and Assigns. The terms, covenants and conditions of this Lease shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 16 #11927172_v1 EXHIBIT A Page 21 of 28 City Council Review Draft 8/7/14 28.12 Grammatical Usage and Construction. In construing this Lease, feminine or neuter pronouns shall be substituted for those masculine in form and vice versa, as applicable, and plural terms shall be substituted for singular and singular for plural in any place in which the context so requires. 28.13 Interpretation. This Lease shall be construed without regard to the identity of the party who drafted the various provisions hereof. Moreover, each and every provision of this Lease shall be construed as though all parties hereto participated equally in the drafting thereof. As a result of the foregoing, any rule or construction that a document is to be construed against the drafting party shall not be applicable hereto. 28.14 Headings. The table of contents, heading, titles and captions in this Lease have been inserted only for convenience and in no way define, limit, extend or describe the scope or intent of this Lease. 28.15 Exhibits. Exhibits A through G attached hereto are, by this reference, incorporated in and made a part of this Lease. In the event of a conflict between an exhibit and the text of this Lease, the text of this Lease shall control. 28.16 Amendments and Modifications. This Lease may not be modified or amended except by written instrument executed by each of the parties hereto. 28.17 Counterpart Execution. This Lease may be executed in several counterparts, each of which, when executed, shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 28.19 Calendar Days and Time. Any reference herein to "day" or "days" shall mean calendar and not business days, unless otherwise specified by the Parties. If the date for giving of any notice required to be given hereunder or the performance of any obligation hereunder falls on a Saturday, Sunday or Federal holiday, then said notice or obligation may be given or performed on the next business day after such Saturday, Sunday or Federal holiday. 17 #11927172_v1 EXHIBIT A Page 22 of 28 City Council Review Draft 8/7/14 IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. ATTEST: LANDLORD: CITY OF DES PLAINES #11927172_v1 By: 18 EXHIBIT A Page 23 of 28 City Council Review Draft 8/7/14 ATTEST/WITNESS: #11927172_v1 TENANT: SBC TOWER HOLDINGS, LLC By: Its: 19 EXHIBIT A Page 24 of 28 EXHIBIT F DP: Avenue Lease Rent Schedule Rent Fixed for Initial Term; 5% annual escalator applied thereafter Lease Year Initial Term Calendar Year 2014-2015 Rent Monthly $2,800.00 Annual $33,600.00 1 2 2015-2016 $2,940.00 $35,280.00 3 2016-2017 $3,087.00 $37,044.00 4 2017-2018 $3,241.35 $38,896.20 5 2018-2019 $3,403.42 $40,841.01 1st Renewal Term Monthly Annual 6 2019-2020 $3,573.59 $42,883.06 7 2020-2021 $3,752.27 $45,027.21 8 2021-2022 $3,939.88 $47,278.57 9 2022-2023 $4,136.88 $49,642.50 10 2023-2024 $4,343.72 $52,124.63 2nd Renewal Term Monthly Annual 11 2024-2025 $4,560.90 $54,730.86 12 2025-2026 $4,788.95 $57,467.40 13 2026-2027 $5,028.40 $60,340.77 14 2027-2028 $5,279.82 $63,357.81 15 2028-2029 $5,543.81 $66,525.70 3rd Renewal Term Monthly Annual 16 2029-2030 $5,821.00 $69,851.99 17 2030-2031 $6,112.05 $73,344.59 18 2031-2032 $6,417.65 $77,011.82 19 2032-2033 $6,738.53 $80,862.41 20 2033-2034 $7,075.46 $84,905.53 4th Renewal Term Monthly Annual 21 2034-2035 $7,429.23 $89,150.80 22 2035-2036 $7,800.70 $93,608.34 23 2036-2037 $8,190.73 $98,288.76 24 2037-2038 $8,600.27 $103,203.20 25 2038-2039 $9,030.28 $108,363.36 EXHIBIT A Page 25 of 28 City Council Review Draft 8/7/14 EXHIBIT G EVIDENCE OF LEASE THIS EVIDENCE OF LEASE, is made as of the _ day of , 20_, by and between CITY OF DES PLAINES, an Illinois municipal corporation (Landlord), having an address at 1420 Miner Street, Des Plaines, IL 60016, and , a(n) (Tenant), having an address at WITNESSETH THAT: WHEREAS, Landlord and Tenant entered into that certain lease (Lease) between Landlord and Tenant dated , 20_, as may be amended from time to time, of certain real estate and related improvements (Leased Property) located upon real property owned by Landlord, commonly known as in the City of Des Plaines, State of Illinois, and legally described in Exhibit A to this Evidence of Lease (Premises), together with certain rights to use other portions of the Premises, as described more fully in the Lease. NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the parties agree as follows: 1. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject to all the terms, covenants and conditions contained in the Lease, the Premises for an Initial Term of five years, beginning on and ending on 2. Landlord hereby grants to Tenant, subject to all of the terms, covenants and conditions of the Lease, the right to extend the Lease beyond the Initial Term for successive periods of five years each. 3. This Evidence of Lease is entered into pursuant to the provisions of the Lease and is subject to all of the terms, covenants and conditions contained therein, all of which are incorporated by reference herein. This Evidence of Lease is not intended to and shall not change any of the terms, covenants and conditions of the Lease. EXHIBIT G 1 #11927172_vl EXHIBIT A Page 26 of 28 City Council Review Draft 8/7/14 IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. WITNESS: LANDLORD: CITY OF DES PLAINES By: State of County of On this day of , 201_, before me, the undersigned Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Print Name: My commission expires: EXHIBIT G 2 #11927172_v1 Public [SEAL] EXHIBIT A Page 27 of 28 City Council Review Draft 8/7/14 ATTEST/WITNESS: TENANT: By: State of County of On this day of , 201_, before me, the undersigned Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Print Name: My commission expires: EXHIBIT G 3 #11927172_v1 Public [SEAL] EXHIBIT A Page 28 of 28 :)ES PLA ES IL NOS Consent Agenda Item # 8 City of Des Plaines Local Liquor Commissioner 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5376 Fax: 847-391-5371 MEMORANDUM Date: July 18, 2014 To: Honorable Aldermen From: Matthew J. Bogusz, Local Liquor Commissioner Vickie Baumann, Secretary / Licensing Division Subject: R & R Liquors Inc 1572 Rand Road, Des Plaines, IL 60016 Class B Bulk Sales (no consumption on premises) New License Increase from 18 to 19 Attached please find an application for a Class B Bulk Sales (no consumption on premises) Dealers License, accompanied with the corporation filing. The applicant has not secured the required insurance. The applicant is requesting the issuance of the Liquor License to be contingent upon his remittance to the City of proof of the required insurance. The complete application packet is on file in the Community and Economic Development Department / Licensing Division. The required posting will be competed prior to the 1n reading on August 4, 2014. The 2nd reading will be scheduled for Monday, August 18, 2014. All necessary fees have been secured. This application will come before you on the Consent Agenda of the City Council meeting of Monday, August 4, 2014. Matthew J. Bogusz Mayor Local Liquor Commissioner Attachments: Ordinance Application Packet Page of 8 CITY OF DES PLAINES ORDINANCE M - 27 - 14 AN ORDINANCE AMENDING SECTION 1, "FEE SCHEDULE," OF CHAPTER 18, "SCHEDULE OF FEES," OF TITLE 4, "BUSINESS REGULATIONS," OF THE CITY CODE TO ADD ONE CLASS B LIQUOR LICENSE. WHEREAS, R & R Liquors, Inc. d/b/a R & R Liquors ("Applicant"), submitted an application to the Department of Community and Economic Development for a Class B liquor license for the premises located at 1572 Rand Road, Des Plaines, Illinois ("Premises"), pursuant to Chapter 4 of Title 4 of the Des Plaines City Code ("City Code"); and WHEREAS, the City desires to issue one Class B liquor license to the Applicant for the Premises, subject to, and contingent upon the submission by Applicant of proof of General Liability and Liquor Liability Insurance; and WHEREAS, the City Council has determined that it is in the best interest of the City to grant the Applicant a Class B liquor license for the Premises, subject to, and contingent upon the submission by Applicant of proof of General Liability and Liquor Liability Insurance; NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as the findings of the City Council. SECTION 2: APPROVAL OF LIQUOR LICENSE. Subject to Section 5 of this Ordinance, the City Council hereby grants the Applicant a Class B Liquor License for the Premises. SECTION 3: FEE SCHEDULE. Section 1, "Fee Schedule," of Chapter 18, "Schedule of Fees," of Title 4, "Business Regulations," of the City Code is hereby amended further to read as follows: "4-18-1: FEE SCHEDULE: Section 4-4-5A Fee Description Number Term License Fees and Number Class B Fee New 4-812 Annual Initial MILFee $3,630.00 Annual Fee $1,815.00 ,, [The remainder of the Fee Schedule is unchanged.] Inserted text is bold and double underlined; . 1 Page 2 of 8 SECTION 4: SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after the occurrence of all of the following events: A. The passage, approval, and publication in pamphlet form of this Ordinance in the manner required by law; and B. The filing by the Applicant with the City Clerk of evidence satisfactory to the General Counsel that the Applicant has General Liability and Liquor Liability Insurance for the Premises; provided however, that if the Applicant does not file the evidence required by this Subsection 5.B with the City Clerk prior to 90 days after the date of adoption of this Ordinance, then this Ordinance will, at the option of the City Council, be null and void. PASSED this day of , 2014. APPROVED this day of , 2014. VOTE: AYES NAYS ABSENT ATTEST: CITY CLERK MAYOR Published in pamphlet form this Approved as to form: day of , 2014. CITY CLERK Peter M. Friedman, General Counsel Legal\Ord\Liq Lic\ DP -Ordinance Add One Class B Liquor License for R&R Liquors 1572 Rand Road Inserted text is bold and double underlined; . 2 Page 3 of 8 Form for Corporations CITY OF DES PLAINES APPLICATION FOR LICENSE UNDER DES P:,AINES LIQUOR CONTROL ORDINANCE TO: Liquor Control Commissioner The undersigned hereby makes application for the issuance of a license to engage in the business of selling alcoholic liquors, as indicated hereafter. 1. Applicant's corporate name g U.Qt3o .S .. 1 N Doing business as: t e. %r L Gg) o 1ZS 3-2003 2. Location of place of business for which license is sou (A) (5 � Est eb. , res t o ..te?, l t, (Bust address by mat snd number) (B) Hours of operation: $ ! oto A'µ ro i L'oC]p etul Phone: 3. Date of incorporation Sa NE t 5 , 2 o t y • Under laws of State of (Attach a copy of the most recent State of Illinois Domestic Corporation Annual Report.) Name of Registered Agent: gN GA At aITed_ ��t,t�sol5 Address- G 22.* 1442:4# N6'rof' 4 C deo 4 t€ , � Goo -4-64 Phone Number. 2%11.- ,6 - ! Z-3 4. Classification of Licenses being applied for. Class A Cavern Liquors Dealers License — seat 250 people or less) Qass A-1 (Tavern License — seat 251 to 500 people) Class A-2 (Thvern License — seat more than 500 people) Class AB (Thvem and Bulk Sale on and off premises — seat 250 people or leas) Class AB -1 ('Ihvem and Bulk Sale — seat 250 to 500 people) AB -2 (Thvern and Bulk Sale — seat over 500 people) °C.'ajaassss B Bulk Sales Dealers License — No consumption on premises) Class B-1 (Bulk Sales, Liquor not primary product) Class C (aub Liquor License) Class 13 (Restaurant and Dining Room License — seat over 50 people) Class F (Restaunu t, Beer Only) Class 0 (Banquet Hall) Class H-1 (Restaurant, Beer and Wine Only) Class H-2 Bulk Sale, Beer and Wine Only) Class I (Religious Society License) Class J (Special 4 am Liquor License — Class A License Required) Class K (Government Facility License) Class L (Wine Only—On and Off Premises — wine bar with bottle sales) Class M (Gas Station with Mini Mart) Class N (Casino Liquor License) Class 0 (Casino Special Occasion License) 5. State names of directors and officers, and indicate the percentage of stock owned in applicant corporation. if any. (Note: If more than three directors. attach separate sheet with required information for additional directors.) (A) President S.11t✓tflFL i�AtcL. Percentage of stock owned / Ott Have you ever plead guilty. been found guilty, received supervision, plead nolo contendere (no contest) to any felony under any Federal, State. County or Municipal law ordinance? MO If Yes, attach additional sheet identifying charge, date of finding, Court name and Branch and case docket number. Page 4 of 8 Attach a copy of the current Alcohol Awareness Certification. Do you participate in the operation of the business? tle+ If "Yes", state in detail the nature of your participation 1\4 W &LNC r (Attach Confidential Informatlon Forms) (B) Vice President Nlk O.szNee. Percentage of stock owned 96 Have you ever plead guilty, been found guilty. received supervision, plead nolo contendere (no contest) to any felony under any Federal, State, County or Municipal law ordinance? If Yes, attach additional sheet identifying charge. date of finding. Court name and Branch and case docket number. Attach a copy of the current Alcohol Awareness Certification. Will you participate in the operation of the business? If "Yes", state in detail the nurture of your participation. (Attach Con&l (� Information Forms) (C) Secretary N i Percentage of stock owned 9b Have you ever plead guilty, been found guilty, received supervision, plead nolo contendere (no contest) to any felony under any Federal. State. County or Municipal law ordinance? If Yes. attach additional sheet identifying charge, date of finding, Court name and Branch and case docket number. Attach a copy of the current Alcohol Aweneoess Certification. Will you participate in the operation of the business? ' If "Yes", state in detail the nature of your participation. 4 (Attach Confidential information Forms) 6. List below persons or corporations owning 5% or more of the stock of the applicant, other than those named in envier to question 5. State the percentage of stock so owned. Nik to (o. NId (Attach Confidential Information Forms) 7. Does applicant own premises for which license is sought? n If not, when does applicant's lease expire? Art ti'+i 2014 Percentage of stock owned 96 Percentage of stock owned 96 Percentage of stock owned 8. Is the location of the applicant's business for which license is sought within one hundred (100) feet of any church, school, hospital, home for aged or indigent persons or for veterans, their wives or children, or any naval or military station. as defined by ordinance of this City? N e" 9. Is any law enforcing official, Mayor, Alderman, Member of a City Commission or Board, or any President or member of a County Board directly or indirectly interested in the business for which license is sought? No If answer is "Yes", give particulars 10. Is or will the business be conducted by a Manager or Agent? If answer is "Yes", complete attached Manager's supplemental sheet for each manager. Page 5 of 8 11. Has any officer or director of applicant corporation, or any stockholders. owning in this aggregate more than five percent (5%) of the stock of such corporations, ever plead guilty. received supervision, plead nolo contendere (no contest) to any felony under any Federal, State, County or Municipal law or ordinance? PIO If Yes, attach additional sheet identifying charge, date of finding, Court name and Branch and case docket number. 12. Has any officer or director of said corporation. or any stockholders owning in the aggregate more than five percent (5%) of the stock of b corporation, ever plead guilty to or been found guilty of a violation of any Federal. State. County or Municipal, liquor laws or ordinance If so, give name of person so convicted, court, date of offense and the offense... 13. Has any officer or director of said corporation, or any stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation, ever plead guilty to or been found guilty under any Federal, State, County or Municipal law or ordinance of being the keeper of a house of ill fame; or of pandering or any other crime or misdemeanor opposed to decency or morality? AS If so, give name of person so convicted, stating date and the offense 14. Has the applicant corporation or any Officer. Manager. or Director of said corporation, or any stockbdders owning in the aggregate more than five percent (5%) of the stock of such corporation. made application for a similar license for this period for any premises other than those described above? >J C If so. give name of applicant, location of premises, date and disposition of application 15. Has any license previously issued by Federal, State, or local authorities to the applicant corporation or to any officer, manager, or director of said corporation, or any stockholder or stock holders owning in the aggregate more than five percent (5%) of the stock of such corporation, been revoked? 1 0 If so, give name of licensee and state mesons for and date of revocation 16. List any person identified in this application who is currently certified by any alcohol awareness training program: Attach copies of all certificates (Certificates must be kept on premises) Complete the supplementary Manager's fon for each person identified above who has not previously answered these questions. (Attach Confidential Information Forms for Each) 17. I (We) acknowledge that any change in address, ownership or management must b r r - ; . application must be updated and signed at that time. (Signature Required) ��r! AFFIDAVIT reported to the dty and that the STATE OF ILLINOIS COUNTY OF COOK S.S. The undersigned swears (or affirms) that I (we) have read and understand the Liquor code of the City of Des Plaines and that the corporation in whose name this application is made will not violate any of the ordinances of the City of Des Plaines or the laws of the State of Minois or of the United States of America, in the conduct of the place of business described herein and that the statements contained in this application aro nue and correct to the best of our knowledge and belief. An Alcohol Awareness trained and background checked manager shall be on duty at all times when the business sells alcohol. I further understand and acknowledge that any false statements in this application may result in the denial of this application, or revocation of any liquor license issued pursuant to this application. Subscribed and sworn to before me this at( — 17 day of __,,..42,ftt — 20 SEAL Notary Public Seal ' vrm M Preside Signature Secraary • . Sigamere namy brie Page 6 of 8 SUPPLEMENTARY MANAGERS FORM Will the business be conducted or supervised by a Manager or Agent? /le esti If answer is "Yes, the following questions must be answered by such Agent or Manager. 1. Name IJ(A 2. Have you ever plead guilty to or been found guilty of any felony under the Criminal Code of Illinois? 3. Have you ever plead guilty to or been found guilty of any felony under any Federal, State, County or Municipal law ordinance of being the keeper of house of ill fame; or of pandering, orf other crime or misdemeanor opposed to decency and morality? If so. give dates and state the offense r") A 4. Have you ever plead guilty to or been ft= guilty of a violation of any Federal, State, County or Municipal Lla iquor w or ordinance since NI If so, give dates and state the offense 5. Have you ever plead guilty, been found guilty, received Won. plead nob contendere (no contest) to any felony under any Federal, State. County or Municipal law ordinance? If Yes, attach additional sheet identifying charge, date of finding, Court name and Branch and case docket number. 6. Has any license previously issued to you by State, Federal or local authorities been revoked? tai 4 If so, state reasons therefore and date of revocation 7. Attach a copy of the current Alcohol Awareness Certification. 8. Attach Confidential Information Form I swear (or affirm) that I will not violate any of the ordinances of the City of Des Plaines or the laws of the State of Illinois or the laws of the United States of America, in the conduct of the place of business described herein, and that the statements made by me herein are true and correct to the best of my knowledge and belief. Subscribed and sworn to before me this day of 20 Notary Public Notary Public Seal Manager Slgna&wa JJA32 JAll)), k.. M Aj O 3i•. !..014 IP WI WM•r;?s: Page 7 of 8 FORM BCA 2.10 ARTICLES OF INCORPORATION Business Corporation Act Fding Fee. $150 Franchise Tax: $ 25 Total: $175 File #: 69675646 Approved By: JXR FILED JUN 15 2014 Jesse White Secretary of State 1. Corporate Name: R & R LIQUORS INC. 2. Initial Registered Agent SNEHAL PATEL F rst Name Initial Registered Office: 5227 WASHINGTON ST Number SKOKIE Middle Initial Last Name Street Stile No. IL 60077-2455 COOK City 3. Purposes for which the Corporation is Organized: The transaction of any or all lawful businesses for which corporations may be incorporated under the Illinois Business Corporation Act. ZIP Code County 4. Authorized Shares, Issued Shares and Consideration Received: !✓lass COMMON Number of Shares Authorized 50000 Number of Shares Proposed to be Issued 1000 Consideration to be Received Therefor $ 1000 NAME & ADDRESS OF INCORPORATOR 5. The undersigned incorporator hereby declares, under penalties of perjury, that the statements made in the foregoing Articles of Incorporation are true. Dated JUNE 15 Month & Day SNEHAL PATEL 2014 5227 WASHINGTON ST. Year Street SKOKIE IL 60077 Name City/Town Stare ZIP Code This document was generated electronically at www.cyberdrive&G nois.com Page 8 of 8 COMMITTEE OF THE WHOLE PACKET sto u DES PLAINES ILLINOIS Committee of the Whole Item # la City of Des Plaines Finance Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5300 Fax: 847-391-5402 MEMORANDUM Date: August 7, 2014 To: Michael G. Bartholomew, City Manager From: Dorothy Wisniewski, Director of Finance Subject: Resolution R-166-14, August 18, 2014 Warrant Register I recommend that the City Council approve the August 18, 2014 Warrant Register Resolution R-166-14. Warrant Register $3,342,944.98 Estimated General Fund Balance Balance as of 6/30/2014: $13,720236 Please use caution when evaluating this number as revenues fluctuate dramatically from month to month due to delays in receiving sales tax revenue from the State and f' & 2"d installments of property tax revenue. Page 1 of 24 CITY OF DES PLAINES RESOLUTION R-166-14 Be it resolved by the City Council of the City of Des Plaines that the following bills are due and payable and that the Mayor and City Clerk be and are hereby authorized to make payment for same. August 18, 2014 Page 2 of 24 City of Des Plaines Warrant Register 08/18/2014 Vendor Invoice Invoice Desc Amount 1 Fund: 100 - General Fund 2 00 4160 Real Estate Transfer Tax 4902 Jordan, Paul Refund 07/23/14 Real Estate Transfer Tax Refund 07/23/2014 460.00 3 00 4160 Real Estate Transfer Tax 4903 Lamont, Karen A Refund 07/24/14 Real Estate Transfer Tax Refund 07/24/2014 470.00 4 00 4300 Vehicle Licenses 4863 Abraham, Saramma Refund 07/17/14 Vehicle Sticker Refund 07/17/2014 25.00 5 00 4300 Vehicle Licenses 4900 Ramirez, Agustin Refund 07/22/14 Vehicle Sticker Refund 07/22/2014 25.00 6 00 4300 Vehicle Licenses 4901 Norris, Michael Refund 07/22/14 Vehicle Sticker Refund 07/22/2014 25.00 7 00 4300 Vehicle Licenses 4904 Amro Refrigeration Refund 07/09/14 Vehicle Sticker Refund 07/09/2014 20.00 8 00 4300 Vehicle Licenses 4905 Zlotorowicz, Barbara A Refund 07/15/14 Vehicle Sticker Refund 07/15/2014 5.00 9 00 4300 Vehicle Licenses 4906 Grady, James Refund 07/21/14 Vehicle Sticker Refund 07/21/2014 25.00 10 00 4300 Vehicle Licenses 4907 Mullarkey, Kevin Refund 07/25/14 Vehicle Sticker Refund 07/25/2014 30.00 11 00 4340 Rental Property Licenses 4921 Patel, Rekha & Hasmukh Refund 07/31/14 Residential Rental License Refund ID #768039 50.00 12 00 4340 Rental Property Licenses 4922 Sovereign Commons LLC Refund 07/11/14 Rental License Refund ID#762778 120.00 13 00 4450 Sewer Permits 2516 Capps Plumbing & Sewer 14070041 Sewer Permit Refund 7/21/2014 300.00 14 00 4631 Nonresident Ambulance Fees 1459 Blue Cross Blue Shield of Illinois 2014-02170 Medical Reimbursement DOS 03/03/2014 613.00 15 00 4631 Nonresident Ambulance Fees 4909 Cullotta, Doriann 2014-00686 Medical Reimbursement DOS 01/18/2014 90.50 16 Total 00 - Non Departmental 2,258.50 18 Elected Office 19 10 5320 Conferences 4232 Linguist, Kristen 07232014 Travel Reimbursement 7/23/14- 7/25/14 for Municipal Clerk Seminars 194.84 20 10 6000 Professional Services 2498 McGuireWoods Consulting LLC 91670112 Lobbyist Services for July 2014 2,100.00 21 10 6015 Communication Services 1552 Verizon Wireless 9728597066 CeII Phone Service 06/14- 07/13/2014 634.32 22 10 6015 Communication Services 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 60.04 23 10 6110 Printing Services 1142 Copyset Center 41022 1 Box Business Cards 20.00 24 10 7200 Other Supplies 1046 Hinckley Spring Water Co 2533573 071914 Water Supply 7-17-14 23.09 25 10 7300 Uniforms 1538 Lands' End Business Outfitters SIN1779264 1 Uniform Shirt - Clerk's Office 40.00 26 Total 10 - Elected Office 3,072.29 28 City Administration 29 20 5310 Membership Dues 1485 ILCMA - IL City/County Management Assoc ILCMA 2014-2015 ILCMA Membership Dues 07/01/2014-06/30/2015 199.00 30 20 5315 Tuition Reimbursements 4274 Miller , Renee TRP2014Spring Tuition Reimbursement Spring 04/28/14-07/03/14 1,666.00 On-going Cty iitigation items provided separately to the C ty Council. Page 3 of 24 City of Des Plaines Warrant Register 08/18/2014 — Vendor Invoice Invoice Desc Amount 31 20 5340 Pre -Employment Exams 13201L State Police June 2014 City Background Check Services June 2014 for City Fingerprints 31.50 32 20 5530 Employee Assistance Program 4651 Perspectives 78967 Employee Assistance Services (EAP) August 2014 571.95 33 20 6000 Professional Services 3447 Holland & Knight LLP 3070864 6-14 Non -Retainer Admin Hearings 48.00 34 20 6005 Legal Fees 1073 Bartel, Raymond 14-15 Legal Services for 7/18/2014 thru 7/30/2014 2,037.50 35 20 6005 Legal Fees 3447 Holland & Knight LLP JUNE 2014 RET June 2014 Retainer 18,500.00 36 20 6005 Legal Fees 3447 Holland & Knight LLP 3070845 6-14 Non -Retainer IEMA and FEMA Review 212.50 37 20 6005 Legal Fees 3447 Holland & Knight LLP 3070857 6-14 Non -Retainer Litigation* 288.00 38 20 6005 Legal Fees 3447 Holland & Knight LLP 3070878 6-14 Non -Retainer Litigation* 4,732.01 39 20 6005 Legal Fees 3447 Holland & Knight LLP 3070881 6-14 Non -Retainer Litigation* 2,748.00 40 20 6005 Legal Fees 3447 Holland & Knight LLP 3070865 6-14 Non -Retainer Litigation* 288.00 41 20 6005 Legal Fees 3447 Holland & Knight LIP 3070856 6-14 Reimb 968 2nd Street Demo 72.00 42 20 6005 Legal Fees 3447 Holland & Knight LLP 3070866 6-14 Reimb Building Demo 645.00 43 20 6005 Legal Fees 3447 Holland & Knight LLP 3070847 6-14 Non -Retainer Litigation* 317.50 44 20 6015 Communication Services 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 38.01 45 20 6015 Communication Services 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 432.24 46 20 6015 Communication Services 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 440.89 47 20 6015 Communication Services 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 38.01 48 20 6015 Communication Services 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 130.08 49 20 6015 Communication Services 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 60.04 50 20 6015 Communication Services 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 60.77 51 20 6110 Printing Services 1119 Chicago Office Technology Group 330824 Copy Charges 06/22/2014 - 07/22/2014 T350C CCF716348 311.86 52 20 6110 Printing Services 1119 Chicago Office Technology Group 331286 Copy Charges 06/22/2014 - 07/22/2014 ZCOMB223272B 90.34 53 20 6110 Printing Services 1119 Chicago Office Technology Group 331285 Copy Charges 06/01/2014 - 07/01/2014 ZCOMB 223272 172.58 54 20 6110 Printing Services 3618 Canon Solutions America Inc 4013410685 Copy Charges 04/01/2014 - 06/30/2014 362.10 55 20 6195 Miscellaneous Contractual Services 4272 Cosgriff, Bryan 07/29/2014 Edited Des Plaines @ Your Service 07/29/2014 32.50 56 20 6195 Miscellaneous Contractual Services 4838 Orr, Timothy J 07/21/2014 Filmed City Council Meeting 07/21/2014 60.00 57 20 6195 Miscellaneous Contractual Services 4838 0rr, Timothy .1 07/25/2014 Filmed Introducing Des Plaines 07/25/2014 50.00 On-going City litigation items provided separately to the City Counc;i. Page 4 of 24 City of Des Plaines Warrant Register 08/18/2014 Line # Org _ 81 Vendor Invoice ' voice Desc Amount 58 20 6195 Miscellaneous Contractual Services 3703 Johnson, Mitchell 07/23/2014 Edited Des Plaines Digest 07/23/2014 33.75 59 20 6195 Miscellaneous Contractual Services 3703 Johnson, Mitchell 07/29/2014 Edited Des Plaines Digest 07/29/2014 52.50 60 20 6195 Miscellaneous Contractual Services 4272 Cosgriff, Bryan 07/17/2014 Edited HR Training Video 07/17/2014 42.50 61 20 6195 Miscellaneous Contractual Services 4272 Cosgriff, Bryan 07/18/2014 Filmed Introducing Des Plaines 07/18/2014 45.00 62 20 6195 Miscellaneous Contractual Services 4272 Cosgriff, Bryan 07/24/2014 Filmed Introducing Des Plaines 07/24/2014 47.50 63 20 6195 Miscellaneous Contractual Services 4272 Cosgriff, Bryan 07/25/2014 Filmed Introducing Des Plaines 07/25/2014 55.00 64 20 6195 Miscellaneous Contractual Services 1038 Barrett, Don 07/21/2014 Filmed City Council Meeting 07/21/2014 90.00 65 20 6195 Miscellaneous Contractual Services 1603 Markanich, Megan Jean 07/21/2014 Filmed City Council Meeting 07/21/2014 50.00 66 20 6195 Miscellaneous Contractual Services 1630 Ivanovic, Amanda 07/21/2014 Filmed City Council Meeting 07/21/2014 90.00 67 20 6550 Subsidy - Senior Citizen Cab Service 2200 Rosemont Elite Taxi Dispatch 2520 Subsidized Taxi Voucher Program April 2014 15.00 68 20 6550 Subsidy - Senior Citizen Cab Service 3344 Taxi One of Des Plaines Inc 28 Subsidized Taxi Voucher Program June 2014 132.00 69 20 7000 Office Supplies 1066 Office Depot 1687531521 1 Office Chair, Folders, Mousepad, Desk Pad, Organizer 64.52 70 20 7000 Office Supplies 1220 Runco Office Supply 582991-0 2 Boxes of Copy Paper 65.98 71 20 7200 Other Supplies 1046 Hinckley Spring Water Co 2534649 071914 Water Supply 07/17/2014 23.09 72 20 7200 Other Supplies 2016 Sign A Rama 30630 Sign Holder Price Difference for Frame Rails 15.48 73 20 7200 Other Supplies 1046 Hinckley Spring Water Co 2566782 071914 Water Supply 07/17/2014 44.07 74 20 7320 Equipment < $5,000 1035 Dell Marketing LP XJFRKW645 Laptop Loaner Bag 44.49 75 20 7320 Equipment < $5,000 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 (5,200.00) 76 20 7500 Postage & Parcel 1041 Federal Express 2-725-80749 Delivery Service 06/24- 07/17/2014 66.18 77 20 8010 Furniture & Fixtures 1066 Office Depot 1687531521 1 Office Chair, Folders, Mousepad, Desk Pad, Organizer 139.50 78 Total 20 - City Administration 30,552.94 80 Finance 81 30 6015 Communication Services 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 196.60 82 30 6110 Printing Services 1142 Copyset Center 41087 2 Boxes Business Cards 20.00 83 30 6110 Printing Services 1142 Copyset Center 41115 3 Boxes Business Cards 20.00 84 30 7000 Office Supplies 1066 Office Depot 719463999001 Copy Paper, Tape, Ink Refi;ls, Etc. 76.93 85 Total 30 - Finance 313.53 87 Community Development 88 40 5310 Membership Dues 1447 International Code Council Inc 3011927 ICC One Year Membership 8/01/2014-7/31/2015 100.00 89 40 6000 Professional Services 1941 Global industrial Equipment 106795110 Return Fee 3/20/2014 for 750 RPZ Vac Breakers 360.00 * On-going City litigation items provided separately to the City Counc 1. Page 5 of 24 90 40 6000 Professional Services 3309 Elevator Inspection Services Inc 46502 Elevator Plan Review 7/29/2014 40.00 91 40 6000 Professional Services 3309 Elevator Inspection Services Inc 46374 Elevator Inspections July 10-11, 2014 348.00 92 40 6000 Professional Services 3309 Elevator Inspection Services Inc 46351 Elevator Inspections 7/10/2014 150.00 93 40 6000 Professional Services 4910 Teska Associates, Inc 5110 OSLAD Grant 5/1-6/18/2014 1,750.00 94 40 6005 Legal Fees 3447 Holland & Knight LLP 3070853 6-14 Non -Retainer Property Enforcement Matters 852.00 95 40 6015 Communication Services 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 659.85 96 40 6015 Communication Services 1552 Verizon Wireless 9728597066 CeII Phone Service 06/14- 07/13/2014 140.01 97 40 6100 Publication of Notices 1050 Journal & Topics 161022 Zoning Board of Appeals Legal Notices 7/11/2014 189.72 98 40 6100 Publication of Notices 1050 Journal & Topics 161023 TIF Legal Notice 7/16/2014 577.44 99 40 6105 Records Preservation 1370 Microsystems 1000070774 Historical Microfiche Letter "B" 5/15/2014 1,294.20 100 40 6110 Printing Services 1142 Copyset Center 41115 3 Boxes Business Cards 40.00 101 40 7000 Office Supplies 1066 Office Depot 720644921001 Two Chairmats 7/15/2014 109.97 102 40 7000 Office Supplies 1066 Office Depot 720644754001 Copy Paper & Legal Pads 44.99 103 40 7000 Office Supplies 1066 Office Depot 720644754001 Copy Paper & Legal Pads 87.74 104 40 7200 Other Supplies 1046 Hinckley Spring Water Co 11174875 071914 Water Supply 7/17/2014 32.17 105 40 7500 Postage & Parcel 1041 Federal Express 2-725-73980 Delivery Service 07/11/2014 47.74 106 Total 40 - Community Development 6,823.83 108 Public Works & Engineering 109 50 6015 Communication Services 1552 Verizon Wireless 9728597066 CeII Phone Service 06/14- 07/13/2014 415.51 110 50 6015 Communication Services 1552 Verizon Wireless 9728597066 CeII Phone Service 06/14- 07/13/2014 27.49 111 50 6015 Communication Services 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 18.43 112 50 6015 Communication Services 1552 Verizon Wireless 9728597066 CeII Phone Service 06/14- 07/13/2014 414.23 113 50 6110 Printing Services 1142 Copyset Center 41087 2 Boxes Business Cards 20.00 114 50 6115 Licensing/Titles 4868 Hunt, Woody R Reimb 07/31/14 CDL Reimb - Expires 02/03/2016 50.00 115 50 6145 Custodial Services 1227 Perfect Cleaning Service 38827 Custodial Services July 2014 3,243.34 116 50 6170 Tree Maintenance 1176 Trees "R" Us Inc 16464 Ash Tree Removal Contract 2014 List 6/5/14 28,336.60 117 50 6195 Miscellaneous Contractual Services 1029 Cintas #22 022770965 Uniform and Mat Rental - 7/21 76.99 118 50 6195 Miscellaneous Contractual Services 1074 Rosborough Partners Inc 89949 Bush Replacement at Cumberland Station 06/25/2014 2,903.00 119 50 6195 Miscellaneous Contractual Services 1074 Rosborough Partners Inc 90042 Annual Flowers Planted at NW Hwy/Mt. Prospect 06/11- 06/27/2014 3,611.95 120 50 6195 Miscellaneous Contractual Services 1178 Trugreen 22267358 2014 Fertilizer and Weed Control -7/24 199.95 121 50 6195 M'scellaneous Contractual Services 1178 Trugreen 21653845 2014 Fert'lizer and Weed Control - 7/11/2014 3,139.72 * On-going City litigation items provided separately to the Cty Counci' Page 6 of 24 City of Des Plaines Warrant Register 08/18/2014 Vendor oice Desc Amo 122 50 6195 Miscellaneous Contractual Services 2224 Midwest Lamp Recycling Inc 23251 Electronic Collection - 7/17/2014 2,391.71 123 50 6195 Miscellaneous Contractual Services 1029 Cintas #22 022774066 Uniform and Mat Rental 07/28/2014 76.99 124 50 6195 Miscellaneous Contractual Services 1029 Cintas #22 022774066 Uniform and Mat Rental 07/28/2014 141.92 125 50 6195 Miscellaneous Contractual Services 1029 Cintas #22 022770965 Uniform and Mat Rental - 7/21 158.81 126 50 6195 Miscellaneous Contractual Services 1044 H&H Electric Co 23063 2014 Streetlight Maintenance - 5/28/14 391.01 127 50 6195 Miscellaneous Contractual Services 1044 H&H Electric Co 23065 2014 Streetlight Maintenance - 5/29/14 1,307.40 128 50 6195 Miscellaneous Contractual Services 1044 H&H Electric Co 23064 2014 Streetlight Maintenance - 5/29/14 1,398.95 129 50 6195 Miscellaneous Contractual Services 1044 H&H Electric Co 23062 2014 Streetlight Maintenance - 5/6/14 601.50 130 50 6305 R&M Equipment 3213 Ehrhardt's RV Trailer Sales 25630 Repair on 07/14/2014 PW Red Landscape Trailer 150.00 131 50 6305 R&M Equipment 1505 Clifford -Wald & Co IN00084896 KIP 3000 Maintenance Agreement 7/17-10/16/2014 205.00 132 50 6310 R&M Vehicles 1525 Hastings Air -Energy Control 152384 Replace Pressure Sensor 07/21/2014 - Engine 64 173.95 133 50 6310 R&M Vehicles 1643 Golf Mill Ford 521388 Engine Repair 07/11/2014 - Police 52 117.95 134 50 6310 R&M Vehicles 1674 Spring -Align of Palatine, Inc 96825 Repair Spring 07/01/2014 - PW 240 1,365.13 135 50 6310 R&M Vehicles 4884 Hydraulic Pneumatic Corporation 24750 Repair Hydraulic Cylinder 07/30/2014 - PW 281 2,110.00 136 50 6315 City Hall 1025 Bedco Inc 19307 2014 HVAC Maintenance 7/18/14 385.00 137 50 6315 City Hall 1025 Bedco Inc 19309 2014 HVAC Maintenance- 7/21/14 440.00 138 50 6315 City Hall 1025 Bedco Inc 19324 2014 HVAC Maintenance- 7/22/14 677.70 139 50 6315 City Hall 1025 Bedco Inc 19297 Cooling Tower Chemicals for 2014 920.25 140 50 6315 City Hall 1025 Bedco Inc 19305 HVAC Maintenance - City Hall 07/16/2014 880.00 141 50 6315 City Hall 1025 Bedco Inc 19306 HVAC Maintenance - City Hall 07/09/2014 89.80 142 50 6315 Public Works 1237 Pro Line Door Systems Inc 71288 Overhead Door Repair at PW 7/24/14 1,305.17 143 50 6315 Fire Station #1 1237 Pro Line Door Systems Inc 71258 Overhead Door Repair 7/21/14 891.26 144 50 6315 Fire Station #1 4722 Hydrological Solutions Inc CW2203 Balance 2 Replacement Flood Bladders For Fire Station 1 on 07/23/2014 12,207.75 145 50 6315 Fire Station #1 1277 Overhead Door Solutions inc 8338 Bay Door Repair 07/18/2014 - Fire Station 1 712.00 146 50 6315 Fire Station #1 1525 Hastings Air -Energy Control 152348 Replace Lower Flex of AC 07/18/2014 - Pre Station 1 517.95 147 50 6315 Fire Station #3 1525 Hastings Air -Energy Control 152385 Replace Lower Flex of AC 07/21/2014 - Fire House 3 391.95 ' On-going City litigation items provided separate'y to the City Co ncil. Page 7 of 24 City of Des Plaines Warrant Register 08/18/2014 Vendor -f• Amount 148 50 6315 Other 1025 Bedco Inc 19308 2014 HVAC Maintenance - 7/18/14 378.05 149 50 6315 Other 1025 Bedco Inc 19297 Cooling Tower Chemicals for 2014 920.25 150 50 6315 Other 1025 Bedco Inc 19305 HVAC Maintenance - City Hall 07/16/2014 880.00 151 50 6315 Other 1025 Bedco Inc 19306 HVAC Maintenance - City Hall 07/09/2014 89.80 152 50 7000 Office Supplies 1066 Office Depot 724227385001 Pens, Chair Cushion & Batteries 118.32 153 50 7020 Supplies - Safety 1703 Prosafety Inc 2/784780 30 Safety Vests 317.95 154 50 7025 Supplies - Custodial 1029 Cintas #22 022774067 Soap, Floor Cleaner, Paper Towels, Etc. 137.24 155 50 7025 Supplies - Custodial 1029 Cintas #22 022770966 Custodial Supplies 07/21/2014 52.49 156 50 7030 Supplies - Tools & Hardware 1013 Ace Des Plaines Inc 231828 Batteries - PW - Shop 19.97 157 50 7030 Supplies - Tools & Hardware 1741 Praxair Distribution Inc 49980121 Acetylene Tank Rental 7/20/14 387.74 158 50 7035 Supplies - Equipment R&M 1054 Lee Auto Parts 408-868933 Driveline - Fire 56 27.19 159 50 7035 Supplies - Equipment R&M 1054 Lee Auto Parts 408-867974 3 -Brake Fluid - Fire 56 32.57 160 50 7035 Supplies - Equipment R&M 1054 Lee Auto Parts 408-867991 Brake Hose, 14 Fuel Line - Fire 56 75.84 161 50 7035 Supplies - Equipment R&M 1054 Lee Auto Parts 408-869737 Fuel Line - Fire E62 8.45 162 50 7035 Supplies - Equipment R&M 1054 Lee Auto Parts 408-868572 2 Brake Line - Fire 56 4.86 163 50 7035 Supplies - Equipment R&M 1670 Arlington Power Equipment Inc 604052 Starter Grip, V Belt - PW - 222 67.68 164 50 7035 Supplies - Equipment R&M 1670 Arlington Power Equipment Inc 597809 Spacer - PW 20.40 165 50 7035 Supplies - Equipment R&M 1670 Arlington Power Equipment Inc 603516 Roller Deck - PW Stock 19.65 166 50 7035 Supplies - Equipment R&M 1670 Arlington Power Equipment Inc 603720 2 Fan Hub Assemblies, 2 Fans - PW Stock 113.60 167 50 7035 Supplies - Equipment R&M 2313 City Electric Supply (CES) DEP/027118 2 Light Bulbs - Fire 81 55.56 168 50 7040 Supplies - Vehicle R&M 1013 Ace Des Plaines Inc 231641 Bolts and Fasteners - PW 27.63 169 50 7040 Supplies - Vehicle R&M 1013 Ace Des Plaines Inc 231717 2 Pk. Vinyl Letters/Num - PW 6.59 170 50 7040 Supplies - Vehicle R&M 1053 Kimball Midwest 3686585 Cables, Nuts, Bolts, Misc - PW- Shop Supplies 583.52 171 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-871041 Outer Tie Rod - PW 245 109.99 172 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-871503 Wiper Motor - Police 70 138.79 173 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-870826 Radiator - Police 1 170.09 174 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-871878 Seam Seal, Paint, Caulking Gun - PW 360 27.46 " On-going City litigation terns provided separately to the City Council. Page 8 of 24 City of Des Plaines : Register 08/18/2014 Invoice voice Desc Amount 175 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-869669 24 ISO Heet, 12 Fuel Inj Cleaner - PW Shop Stock 181.38 176 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-871958 2 Wiper Blades - Police 2 16.18 177 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-872054 Blower Motor - PW 260 19.99 178 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-872126 Brake Rotor, 2 Caliper, Gas Magnum -PW 283 435.54 179 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-872107 Relay - Police 17 6.09 180 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-871062 Filters - 6 Oil, Air, 5 Fuel - Police stock 114.49 181 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-870979 Upper/Lower Radiator Hose - Police 1 52.98 182 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-871591 Fuel Cap - PW 295 13.69 183 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-859516 Compressor, Sensor - PW 312 242.78 184 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-854735 Belt Tensioner - PW 250 59.79 185 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-864384 Credit - Grease, Bolts, Grease Gun (50.75) 186 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-839069CR Credit Due to Duplicate Payment - PW (255.77) 187 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-871064 Fuel Filter - Stock 14.12 188 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-872059 Credit - Idler Pulley - PW (20.89) 189 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-864303 Grease, Bolts, Grease Gun, Etc. for Stock 50.75 190 50 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 520922 Brake Pads, Rotor - PW 311 66.98 191 50 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 522507 Filters - Oil, Fuel, Air - PW 273 / Stock 326.42 192 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-872263 Oil - Police 71 10.09 193 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-872202 3 -Sway Bar - Police 85/Stock 38.97 194 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-854428 24 - Brake Cleaner - PW Supplies 57.60 195 50 7040 Supplies - Vehicle R&M 1202 Standard Equipment Co C94368 Bracket, Gutter Broom, Misc Parts PW 333 4,565.74 196 50 7040 Supplies - Vehicle R&M 1202 Standard Equipment Co C91839 Fan - PW Sweeper 141 16,439.31 197 50 7040 Supplies - Vehicle R&M 1526 Global Emergency Products Inc AG40718 Motor Subassy 12 V - Fire E63 879.45 198 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-856107 Parking Brake Shoes - PW 210 37.99 199 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-856225 Fuel Cap - Police 59 12.39 200 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-863880 Antifreeze - Fire - 64 Station 3 29.94 201 50 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 358383P 2 Tubes, 3 Shaft, Hose - PW 251 635.34 • On-going City litigation items provided separate y to the Gty Counc.I. Page 9 of 24 City of Des Plaines Warrant Register 08/18/2014 _ Vendor _ Invoice Invoice Desc WI qi 202 50 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 358387P 2 Aerial Without Cable - Police 69 Stock 30.18 203 50 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 357957P Tube 2 Clamp, 2 Bushing - PW 283 83.20 204 50 7040 Supplies - Vehicle R&M 1078 Acme Truck Brake & Supply Co 1242040022 Air Dryer, Misc Parts - PW 270/Stock 380.49 205 50 7040 Supplies - Vehicle R&M 1078 Acme Truck Brake & Supply Co 1242110031 Deflector Bracket - PW 360 5.28 206 50 7040 Supplies - Vehicle R&M 1202 Standard Equipment Co C93124 Gutter Broom - PW 333 409.40 207 50 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound LLC 607815 Compressor, Accumulator, Misc - Fire A71 332.96 208 50 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound LLC 609311 Compressor Tube - Fire A71 194.92 209 50 7040 Supplies - Vehicle R&M 1674 Spring -Align of Palatine, Inc 97068 4 U -Bolts, 2 Center Bolts, 2 Springs - PW 245 531.07 210 50 7040 Supplies - Vehicle R&M 1526 Global Emergency Products Inc AG40722 Handle Paddle, Latch, Gasket Paddle - Fire E62 144.75 211 50 7040 Supplies - Vehicle R&M 1535 Wipeco Inc 0049840 -IN Rags - PW Shop 570.00 212 50 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 358184P Switch - PW 251 35.22 213 50 7040 Supplies - Vehicle R&M 1710 Cumberland Servicenter Inc 333463 Safety Lane - PW 270 23.50 214 50 7040 Supplies - Vehicle R&M 1739 Morton Grove Automotive Inc 54246 Pump - Fire E63 Replace Solinad Switch Fire Tower 63 315.50 215 50 7040 Supplies - Vehicle R&M 2028 Northwest Electrical Supply 17170717 4 Lamps - Fire - 81 86.10 216 50 7040 Supplies - Vehicle R&M 1643 Golf MiII Ford CM357957P Credit - Plunger - PW 283 (16.24) 217 50 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford CM337567P Credit for Returned Part - PW (6.40) 218 50 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound LLC 608680 Filters, Element Gasket Kit - Police Stock 530.16 219 50 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-196481 Idler Pulley - PW - Engineering 20.98 220 50 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-197764 5 Ball Joint, Stabilizer - PW 251 738.80 221 50 7040 Supplies - Vehicle R&M 4280 Rush Truck Centers of Illinois Inc 12205174 Bracket - PW 270 152.29 222 50 7040 Supplies - Vehicle R&M 4328 Batteries Pius Bulbs 490-232820 7 -12V Batteries - PW Stock 648.70 223 50 7040 Supplies - Vehicle R&M 1674 Spring -Align of Palatine, Inc 97089 2 Shackle, 2 Bolts w/Nuts and Washers PW 245 78.18 224 50 7040 Supplies - Vehicle R&M 1699 Metal Supermarkets 951-57271 Steel Sheet - PW 360 115.40 225 50 7045 Supplies - Building R&M 1018 Anderson Lock Company LTD 0849199 3 Keys- Clerk/911 16.50 226 50 7045 Supplies - Building R&M 1057 Menards 40810 Primer - Finance 27.96 227 50 7045 Supplies - Building R&M 1057 Menards 40765 2 Doors, Molding, Stain, Shims - Finance 269.10 228 50 7045 Supplies - Bui:ding R&M 1057 Menards 40687 Paint, Misc Painting Supplies - Finance 107.14 ' On -gong City ',ligation items provided separately to the City Council. Page 10 of 24 City of Des Plaines Warrant Register 08/18/2014 On-going City litigation items provided separate;y to the City Counci.. Page 11 of 24 Vendor Invoice voice Desc Amount 229 50 7045 Supplies - Building R&M 1057 Menards 41066 Frame, Shims, Adhesive 18.42 230 50 7045 Supplies - Building R&M 1057 Menards 40541 Conduit, Metal Studs, Screws - Finance 70.89 231 50 7045 Supplies - Building R&M 1057 Menards 40546 Credit Drywall - Building Supplies (39.84) 232 50 7045 Supplies - Building R&M 1057 Menards 40551 Drywall - Finance 24.42 233 50 7045 Supplies - Building R&M 1057 Menards 40393 3 Steel Studs, Faucet, Misc - Finance 35.00 234 50 7045 Supplies - Building R&M 1057 Menards 41085 4 Units Paint, Fuel for Nail Gun 109.84 235 50 7045 Supplies - Building R&M 1527 Sherwin Williams 0398-8 3 Gallons of Paint for PW 118.17 236 50 7045 Supplies - Building R&M 1550 Addison Building Material Co 779841 Lumber & Metal Studs - Finance 46.09 237 50 7045 Supplies - Building R&M 2480 Just Faucets 157823 2 Faucet - City Hall 138.88 238 50 7045 Supplies - Building R&M 1057 Menards 40353 16- Drywall, Metal Studs, Outlets, Wire - Finance 231.90 239 50 7045 Supplies - Building R&M 1057 Menards 40229 2 Pipes, 2 Couplings, 2 Elbows 127.08 240 50 7055 Supplies - Street R&M 1086 Arrow Road Construction 46978MB 2014 Hot Mix Asphalt Purchase 7/18 R-83-14 252.00 241 50 7055 Supplies - Street R&M 1086 Arrow Road Construction 47041MB 2014 Hot Mix Asphalt Purchase- 7/21 R-83-14 47.50 242 50 7055 Supplies - Street R&M 1086 Arrow Road Construction 4708MB 2014 Hot Mix Asphalt Purchase- 7/22/14 R-83-14 1,264.00 243 50 7055 Supplies - Street R&M 1086 Arrow Road Construction 47154M8 2014 Hot Mix Asphalt Purchase- 7/24, R-83-14 344.00 244 50 7055 Supplies - Street R&M 1086 Arrow Road Construction 47119MB 2014 Hot Mix Asphalt Purchase- 7/23, R-83-14 663.00 245 50 7055 Supplies - Street R&M 1086 Arrow Road Construction 47189MB Hot Mix Asphalt - 07/25/14 R- 83-14 528.50 246 50 7055 Supplies - Street R&M 1086 Arrow Road Construction 46858MB Hot Mix Asphalt - 07/15/14 R- 83-14 590.50 247 50 7055 Supplies - Street R&M 1086 Arrow Road Construction 46942MB Hot Mix Asphalt - 07/17/14 R- 83-14 871.50 248 50 7120 Gasoline 1014 Al Warren Oil Company Inc 10855371 Unleaded Fuel Purchase 07/21/2014 11,780.37 249 50 7130 Diesel 1014 Al Warren Oil Company Inc 10855372 Diesel Fuel Purchase 07/21/2014 5,821.02 250 50 7140 Electricity 1033 ComEd 2607132134-07/14 Electricity 06/06/14-07/08/14 180.49 251 50 7140 Electricity 1033 ComEd 0459113083-07/14 Electricity 06/18/14-07/17/14 8,448.18 252 50 7140 Electricity 1033 ComEd 4974507003-07/14 Electricity 06/09/14-07/10/14 343.81 253 50 7300 Uniforms 1705 Sears Commercial One T000010 Credit - PW - Streets and Grounds (9.88) 254 50 7300 Uniforms 1705 Sears Commercial One T000017 Credit - PW - Streets and Grounds (10.30) 255 50 7300 Uniforms 1705 Sears Commercial One T020227 1 Pair Shoes - Streets & Grounds 111.55 On-going City litigation items provided separate;y to the City Counci.. Page 11 of 24 City of Des Plaines Warrant Register 08/18/2014 262 Police Department Vendor Invoice T646215 Invoice Desc Amount 256 50 7300 Uniforms 1705 Sears Commercial One 4 Pair Jeans for Uniforms - Streets & Grounds 107.96 257 50 7300 Uniforms 1705 Sears Commercial One T859223 1 Pair Shoes - Streets & Grounds 154.05 258 50 7320 Equipment < $5,000 1013 Ace Des Plaines Inc 232349 5/8" Drill Bit - PW - Shop 18.09 259 50 7320 Equipment < $5,000 1450 Terrace Supply Co 418464 Shop Tools - PW 488.56 260 Total 50 - Public Works & Engineering 9728597066 139,939.52 262 Police Department 263 60 5310 Membership Dues 1724 IL Law Enforcement Alarm System DUES4043 ILEAS Annual Membership Dues Sept 2014 -Sept 2015 360.00 264 60 5325 Training 2391 IL Assoc of Technical Accident Investigators 09/15/2014 Accident Investigation Training Conference Sept 15-19, 2014 300.00 265 60 5325 Training 1239 Public Agency Training Council 180756 Arson Class Sept 3-5, 2014 (1) Attendee 295.00 266 60 6015 Communication Services 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 250.39 267 60 6015 Communication Services 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 382.26 268 60 6015 Communication Services 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 1,366.16 269 60 6015 Communication Services 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 588.17 270 60 6195 Miscellaneous Contractual Services 1572 LexisNexis Risk Data Management Inc 1037713- 20140630 Investigations Database June 2014 351.65 271 60 6195 Miscellaneous Contractual Services 1077 Shred -it USA - Chicago 9403916644 Shredding Services at PD July 15, 2014 110.98 272 60 6195 Miscellaneous Contractual Services 1077 Shred -it USA - Chicago 9403948114 Shredding Services at PD July 22, 2014 102.59 273 60 6195 Miscellaneous Contractual Services 1077 Shred -it USA - Chicago 9403929586 Shredding Console Delivery July 17, 2014 75.00 274 60 6195 Miscellaneous Contractual Services 1817 Aftermath Inc JC2014-3446 Bio -Hazard Cleaning Squad #67 July 15, 2014 105.00 275 60 7000 Office Supplies 1389 Garvey's Office Products PINV806159 Tape, Batteries, Pens, Markers 140.74 276 60 7000 Office Supplies 1389 Garvey's Office Products PINV807297 2 Reams of Green Copy Paper 17.58 277 60 7000 Office Supplies 1076 Sam's Club Direct 0967 Copy Paper, Paper Clips, Post -It Notes 389.47 278 Total 60 - Police Department 4,834.99 280 ' Emergency Management Agency 281 65 6015 Communication 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 263.56 Services 07/13/2014 282 65 7200 Other Supplies 1643 Golf Mill Ford 357623P 3 Keys for Volunteers Vehicles 215.88 283 65 7200 Other Supplies 4092 FulLife Safety Center 26298 24 Wand Flashlights for 119.28 Volunteers 284 65 7300 Uniforms 1236 Proforma 0718002179 20 Uniform Shirts for Fire Corps 699.20 Volunteers 285 65 7300 Uniforms 4092 Fuilife Safety Center 26119 48 Uniform Shirts for Fire Corps 325.40 Volunteers On-going City itigation items provided separately to the City Counc',I. Page 12 of 24 City of Des Plaines Warrant Register 08/18/2014 290 Vendor Invoice voice Des ' Amoun. 286 65y 7550 Miscellaneous Expenses 1076 Sam's Club Direct 4906 Ice for Volunteers Rehab 07/16/2014 31.80 287 65 7550 Miscellaneous Expenses 1076 Sam's Club Direct 4908 Water & Gatorade for Volunteers Rehab 07/16/2014 219.76 288 Total 65 - Emergency Management Agency Training 1,874.88 290 Fire Department 291 70 5325 Training 3515 Across the Street Productions 12-2082 Hazard Zone Management 50- Hour Online Training -10 FFs 3,465.00 292 70 5325 Training 3515 Across the Street Productions 12-2108 Hazard Zone Management 50- Hour Online Training -1 Add'I FF 346.50 293 70 5325 Training 4914 Tinley Park , Village of 14-0003 Nozzle Forward Class 08/14- 08/15/2014 (1) Attendee 175.00 294 70 5325 Training 1551 IL Fire Inspectors Assoc 16213 (2) Adv Legal Aspects Class 09/17/2014 190.00 295 70 5345 Post -Employment Exams 1015 Alexian Brothers Corporate Health Svcs 533932 5 Annual Physicals 07/01, 07/02, 07/07, 07/09 & 07/21/2014 1,311.00 296 70 6015 Communication Services 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 240.16 297 70 6015 Communication Services 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 736.86 298 70 6015 Communication Services 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 135.14 299 70 6110 Printing Services 1611 Allegra Marketing, Print & Mail 74373 60 Pocket Paramedic SOP Books 237.00 300 70 6305 R&M Equipment 1519 Sensit Technologies 0198551 -IN Repairs To HazMat Sensors 07/25/2014 321.44 301 70 6305 R&M Equipment 1519 Sensit Technologies 0198552 -IN Air Monitor Tube Repairs 07/25/2014 78.00 302 70 6305 R&M Equipment 2501 Fire Service Management LLC 14042 2 Repairs & Cleaning Of TurnOut Gear 07/09/2014 374.61 303 70 7000 Office Supplies 1220 Runco Office Supply 582737-0 6 2 -Tier Literature Holders 89.25 304 70 7000 Office Supplies 1066 Office Depot 721781676001 Paper Clips & Binder Clips 14.17 305 70 7025 Supplies - Custodial 1304 HP Products 12038917 6 Deodorizing Urinal Screens 7.80 306 70 7035 Supplies - Equipment R&M 1013 Ace Des Plaines Inc 232446 Fittings For Coffee Maker-Sta 2 11.71 307 70 7035 Supplies - Equipment R&M 1013 Ace Des Plaines Inc 232450 Fitting For Coffee Maker-Sta 2 5.42 308 70 7200 Other Supplies 1147 Zoll Medical Corp 2144948 5 Replacement Batteries For Cardiac Monitors 622.63 309 70 7200 Other Supplies 1306 Henry Schein Inc 1416851-01 Intermediate Trauma Bag 297.00 310 70 7200 Other Supplies 1306 Henry Schein Inc 16933983 Credit For Return Of Naloxone (199.50) 311 70 7200 Other Supplies 1571 Welding Industrial Supply Corp 1643514 Oxygen Cylinder June 2014 165.53 312 70 7200 Other Supplies 1747 Murphy's Contractors Equipment Inc 168559 3-14" Metal Cutting Saw Blades 428.00 313 70 7200 Other Supplies 1747 Murphy's Contractors Equipment 169027 4 Carbide Tip Saw Blades 196.00 314 70 7200 Other Supplies 1046 Hinckley Spring Water Co 10804116 071914 Water Supply (Credit) 07/15/2014 (6.62) On-going City litigattion Items provided separately to the C ty Council. Page 13 of 24 City of Des Plaines Warrant Register 08/18/2014 L _ Vendor. - Invoice 9491093820 Invoice Desc . . _ 2 Boxes Ear Plugs & Labels Amount 106.06 315 70 7300 Uniforms 1043 Grainger 316 70 7320 Equipment < $5,000 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 187.49 317 70 7320 Equipment < $5,000 1076 Sam's Club Direct 2230 Purchased Repl Microwave-Sta 2 149.98 318 70 7320 Equipment < $5,000 2440 DJS Scuba Locker Inc 3836 Dry Suit With Latex Hood & Suspenders 1,708.95 319 70 7320 Equipment < $5,000 2440 DJS Scuba Locker Inc 3837 Dry Suit With Latex Hood & Suspenders 1,708.95 320 70 7320 Equipment < $5,000 3727 Northern Safety Company Inc 900989581 24 Neoprene HazMat Gloves 153.36 321 Total 70 - Fire Department 6150 13,256.89 323 Overhead 324 90 6195 Miscellaneous Contractual Services 1022 Azavar Technologies 10298 Utility Tax Audit for July 2014 2,234.70 325 Total 90 - Overhead 6150 2,234.70, 327 Total 100 - General Fund 205,162.07 330 Fund: 201- TIF Al Downtown Fund 331 00 6145 Custodial Services 1227 Perfect Cleaning Service 38827 Custodial Services July 2014 1,666.66 332 00 6150 City Maintenance 1074 Rosborough Partners Inc 90292 Landscaping City Hall 07/15/2014 360.00 333 00 6150 City Maintenance 1074 Rosborough Partners Inc 90293 Ellinwood Ave - Landscaping 336.00 334 00 6150 City Maintenance 1074 Rosborough Partners Inc 90291 Northwest Hwy- Landscaping 07/15/2014 1,173.00 335 00 6150 City Maintenance 1074 Rosborough Partners Inc 90294 Metro Square - Landscaping 07/15/2014 253.00 336 00 6150 City Maintenance 1074 Rosborough Partners Inc 90290 Metra Station - Landscaping 07/15/2014 215.00 337 00 6150 City Maintenance 1074 Rosborough Partners Inc 90289 Library Plaza - Landscaping 07/15/2014 242.00 338 00 6195 Miscellaneous Contractual Services 1029 Cintas #22 022770963 Mat Rental - City Hall 7/21/14 30.42 339 00 6195 Miscellaneous Contractual Services 1515 White Way Sign & Maintenance Co CD2008094385 Electric Sign Maintenance - July 71.67 340 00 6195 Miscellaneous Contractual Services 1544 Fox Valley Fire & Safety 845202 Repair Sprinkle System 07/03/2014 - Municipal Garage 506.00 341 00 7140 Electricity 1033 ComEd 5310658082-07/14 Electricity 06/10/14-07/10/14 37.64 342 00 7140 Electricity 1033 ComEd 5310657021-07/14 Electricity 06/10/14-07/10/14 44.02 343 00 7140 Electricity 1033 ComEd 0392121005-07/14 Electricity 06/09/14-07/09/14 155.32 344 00 7140 Electricity 1033 ComEd 6045062008-07/14 Electricity 06/09/14-07/09/14 96.49 345 00 7140 Electricity 1033 ComEd 0237106099-07/14 Electricity 06/10/14-07/10/14 298.21 346 00 7140 Electricity 1033 ComEd 0445091056-07/14 Electricity 06/09/14-07/09/14 245.33 347 Total 00 - Non Departmental 5,730.76 On -gong City litigation items provided separate'y to the City Council. Page 14 of 24 City of Des Plaines Warrant Register OW Q/7n1 n Vendor Invoice Invoice Desc Amount 349 Total 201 - TIF #1 Downtown Fund 5,730.76 352 Fund: 204 - TIF #4 Five Comers Fund 353 00 8100 Improvements 1067 Orange Crush 2013 -A -P9 2013 CIP St & Utility Improvements 06/05- 07/25/2014 137,314.28 354 Total 00 - Non Departmental 4581 G&M Cement Construction Inc 137,314.28 356 Total 204 - TIF #4 Five Corners Fund 137,314.28 357 Fund: 206 - TIF #6 Mannheim/Higgins Fund 358 00 6005 Legal Fees 3447 Holland & Knight LLP 3070849 6-14 Non -Retainer TIF #6 Matters 5,282.50 359 Total 00 - Non Departmental 6155 5,282.50 361 Total 206 - TIF #6 Mannheim/Higgins Fund 5,282.50 364 Fund: 230 - Motor Fuel Tax Fund 365 00 6000 Professional Services 1120 Chicago Testing Laboratory Inc 14EG70902 2014 CIP Concrete Geotechnical Testing 06/02- 06/27/2014 2,447.50 366 00 6155 Sidewalk Improvements 4581 G&M Cement Construction Inc 2014-0-P3 2014 CIP Concrete Improvements 07/01- 07/31/2014 265,629.24 367 00 7140 Electricity 1033 ComEd 3471079047-07/14 Electricity 06/10/14-07/10/14 35.72 368 00 7140 Electricity 1033 ComEd 2644104014-07/14 Electricity 06/09/14-07/08/14 258.68 369 00 7140 Electricity 1033 ComEd 1273119011-07/14 Electricity 06/06/14-07/08/14 1,724.72 370 00 7140 Electricity 1033 ComEd 2943015087-07/14 Electricity 06/20/14-07/22/14 16,932.06 371 00 7140 Electricity 1033 ComEd 0193753007-07/14 Electricity 06/13/14-07/15/14 81.74 372 00 7140 Electricity 1033 ComEd 0725000037-07/14 Electricity 06/10/14-07/10/14 19.24 373 00 7140 Electricity 1033 ComEd 3657136067-07/14 Electricity 06/09/14-07/10/14 224.09 374 00 8100 Improvements 4581 G&M Cement Construction Inc 2014-0-P3 2014 CIP Concrete Improvements 07/01- 07/31/2014 60,012.63 375 Total 00 - Non Departmental 347,365.62 377 Total 230 - Motor Fuel Tax Fund 347,365.62 380 Fund: 240 - CDBG Fund 381 00 6555 Subsidy - Emergency Shelter 1170 Harbour Inc, The Apr -Jun 2014 E Comprehensive Services to Homeless Youth April -June 2014 110.00 382 00 6560 Subsidy - Shared Housing 1169 Center of Concern Apr -Jun 2014 S Applicant Screening, Matching, and Monitoring April -June 2014 1,550.00 383 00 6565 Subsidy - Day Care Assistance 1104 CEDA Northwest Self-help Center Inc Apr -Jun 2014 D Child Care April -June 2014 1,916.00 384 00 6570 Subsidy - Residential Rehab 1264 North West Housing Partnership Apr -Jun 2014 HR Home Repair Program April- June 2014 2,700.00 On-going City litigation items provided separateiy to the City Council Page 15 of 24 City of Des Plaines egister 08/18/2014 Invoice Invoice Des Amount 385 00 6570 Subsidy - Residential Rehab 1264 North West Housing Partnership Apr -Jun 2014 H Homebuyer Education Workshop April -June 2014 500.00 386 00 6580 Subsidy - Housing Counsel 1104 CEDA Northwest Self-help Center Inc Apr -Jun 2014 H Housing Counseling April -June 2014 1,400.00 387 00 6585 Subsidy - Homeless Prevention 1169 Center of Concern Apr -Jun 2014 H Case Management and Direct Client Assistance April -June 2014 1,758.00 388 00 6590 Subsidy - Employment Counseling 1104 CEDA Northwest Self-help Center Inc Apr -Jun 2014 S Senior Employment April -June 2014 1,430.00 389 00 6595 Subsidy - Affordable Housing 1104 CEDA Northwest Self-help Center Inc Apr -Jun 2014 A Transitional Living April -June 2014 500.00 390 Total 00 - Non Departmental 407 11,864.00 392 Total 240 - CDBG Fund 11,864.00 394 Fund: 250 - Grant Projects Fund 395 00 6000 Professional Services 4908 John Nelson - Architect, Inc. May 20, 2014 Retainer For Architect For Garage Lean -To Sta 3 - Reimbursed 1,200.00 396 Total 00 - Non Departmental 7300 1,200.00 398 Total 250 - Grant Projects Fund 1,200.00 401 Fund: 260 - Asset Seizure Fund 402 00 5325 Training 4651 Perspectives 78833 Training for 911 Dispatchers July 14, 2014 1,300.00 403 00 7300 Uniforms 3014 Motorola Solutions Inc 13020190 25 Portable Radio Holders 666.25 404 00 7320 Equipment < $5,000 1118 Chicago Communications LLC 262243 20 Earpieces for Portable Radios 398.00 405 00 8020 Vehicles 1745 Suburban Accents Inc 21306 Decals for Squad Cars - Stock 88.00 406 00 8020 Vehicles 1745 Suburban Accents Inc 21295 Graphics for EMA Squad 575.00 407 Total 00 - Non Departmental 3,027.25 409 N/A 2484 Seized/Pending 1320 IL State Police 14-06610 Forfeiture Award 347.00 Const. Observation 2013 CIP Cont B 05/26-06/22/2014 32,160.50 417 Forfeit 6015 Communication Services 1552 Verizon Wireless 9728597066 410 Total N/A 418 347.00 412 Total 260 - Asset Seizure Fund 3,374.25 415 Fund: 400 - Capital Projects Fund 416 00 6000 Professional Services 1394 Gewalt Hamilton Associates Inc 4684.400-8 Const. Observation 2013 CIP Cont B 05/26-06/22/2014 32,160.50 417 00 6015 Communication Services 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 218.13 418 00 8100 Improvements 1067 Orange Crush 2013 -A -P9 2013 CIP St & Utility Improvements 06/05- 07/25/2014 217,455.29 419 00 8100 Improvements 1067 Orange Crush 2014 -A -P2 Construction -2014 CIP St & Utility 06/27-07/18/2014 67,149.72 420 00 8100 Improvements 1067 Orange Crush 2014 -C -P2 Construction 2014 CIP Street & Utility 07/01-07/29/2014 114,317.31 On-going City litigation items provided separate y to the City Courcil. Page 16 of 24 City of Des Plaines Warrant Register 08/18/2014 Invoice Desc_ Amount 421 00 8100 Improvements 1364 Martam Construction 2013 -D -P5 2013 CIP Rear Yard Drainage Improv 07/01-07/31/2014 3,282.48 422 Total 00 - Non Departmental Dell Latitude E7440 Laptop for 6th Floor 434,583.43 424 Total 400 - Capital Projects Fund 434,583.43 427 Fund: 420 - IT Replacement Fund 428 00 8005 Computer Hardware 1035 Dell Marketing LP XJFRR5RM4 Dell Latitude E7440 Laptop for 6th Floor 1,597.39 429 00 8005 Computer Hardware 1035 Dell Marketing LP XJFWRP924 2 External Laptop Drives & 1 Laptop Case 150.77 430 00 8005 Computer Hardware 4288 Burwood Group Incorporated INV20784 Purchase of Cisco Switches & Servers R-127-14 15,792.80 431 00 8005 Computer Hardware 4288 Burwood Group Incorporated INV20785 Purchase of Cisco Switches & Servers R-127-14 17,995.12 432 Total 00 - Non Departmental 6015 35,536.08 434 Total 420 - IT Replacement Fund 35,536.08 435 Fund: 500 - Water/Sewer Fund 436 00 4601 New Construction - Sale of Water 4920 HR Stewart Plumbing Inc. 20140300001 Hydrant Refund 07/29/2014 (41.18) 437 00 5325 Training 1252 NIPSTA 12670 Supervisor Training 5/15/2014 (2 Attendees) 100.00 438 00 6015 Communication Services 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 625.28 439 00 6015 Communication Services 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 180.13 440 00 6015 Communication Services 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 98.05 441 00 6180 Water Sample Testing 1642 Suburban Laboratories, Inc 114037 Water Testing 7/10 576.00 442 00 6195 Miscellaneous Contractual Services 1019 Anderson Pest Solutions 3046497 Pest Control - July - Sewer 185.00 443 00 6305 R&M Equipment 1225 Patten Industries Inc PM600234460 Annual Water Plant Testing 06/25/2014 2,976.00 444 00 6305 R&M Equipment 1225 Patten Industries Inc PM600234461 Annual Water Plant Generator Testing 06/25/2014 158.00 445 00 6505 Subsidy - Sewer Lateral Program 4896 Czech, Josephine SLP14-029 Sewer Rebate 7/24/2014 2,000.00 446 00 6505 Subsidy - Sewer Lateral Program 4897 Woods, Michael SLP14-031 Sewer Rebate 7/24/2014 100.00 447 00 6505 Subsidy - Sewer Lateral Program 4898 Kilikev'ce, Shawn SLP14-025 Sewer Rebate 6/24/2014 2,000.00 448 00 6510 Subsidy - Flood Assistance 4890 Rumisek, Edward FRP14-043 Flood Rebate 7/23/2014 429.00 449 00 6510 Subsidy - Flood Assistance 4891 Beck, Edward FRP14-041 Flood Rebate 7/23/2014 2,000.00 450 00 6510 Subsidy - Flood Assistance 4892 Berry, Justin FRP14-040 Flood Rebate 7/23/2014 2,000.00 • On-going City litigation items provided separately to the City Courcil. Page 17 of 24 City of Des Plaines Register 08/18/2014 • On-going City litigation items provided separate'y to the City Counc 1. Page 18 of 24 , Invoice FRP14-044 Invoice Desc__ Flood Rebate 7/17/2014 _. _� Amount 1,975.50 451 00 6510 Subsidy - Flood Assistance 4893 Strand, Ursula 452 00 7020 Supplies - Safety 1703 Prosafety Inc 2/784110 4 Pair Safety Boot, 1 Case Blue Marking Flags 488.00 453 00 7030 Supplies - Tools & Hardware 1013 Ace Des Plaines Inc 232364 15Qt. Bucket 10.85 454 00 7030 Supplies - Tools & Hardware 1047 Home Depot Credit Svcs 7084088 2 - Pushbrooms, Aluminum Scoop, Sealant 114.01 455 00 7030 Supplies - Tools & Hardware 1057 Menards 40666 Hammer Drill Bit, 2 Propane Gas, 3 HD Magnet, Etc. 57.27 456 00 7030 Supplies - Tools & Hardware 1057 Menards 41044 25 Hooks, Chisel, Nylon Brush, Drill Bit, Seal n Save 59.52 457 00 7050 Supplies - Streetscape 1757 JCK Contractors Inc 15010 40 Cu. Yds. Topsoil 650.00 458 00 7070 Water Meters 1303 HD Supply Waterworks LTD C694071 (1) 6" Water Meter 3,675.00 459 00 7070 Other 1047 Home Depot Credit Svcs 9011916 4 Bags of Concrete 15.81 460 00 7070 Other 1057 Menards 40703 4- Galvanized Reducers 8.36 461 00 7070 Other 1072 Prairie Material Sales Inc 885670567 2 Cu. Yds. Concrete 278.00 462 00 7070 Other 1072 Prairie Material Sales Inc 885688884 1.25 Cu.Yds Concrete 164.38 463 00 7070 Other 1072 Prairie Material Sales Inc 885665491 4.5 Cu. Yds. Concrete 656.75 464 00 7070 Other 1303 HD Supply Waterworks LTD C679001 12 - Curb Box Repair Parts 308.22 465 00 7070 Other 1303 HD Supply Waterworks LTD C719591 2 - Hydraulic Wrenches 85.88 466 00 7070 Other 3217 Ozinga Ready Mix Concrete Inc 438466 3 Cu.Yds. Concrete 456.00 467 00 7075 Supplies - Sewer System Maintenance 3214 Kieft Brothers Inc 203760 4 - Flat Top Covers for Stock 550.00 468 00 7075 Supplies - Sewer System Maintenance 3214 Kieft Brothers Inc 203354 720 - Cement Brinks for Stock 532.80 469 00 7075 Supplies - Sewer System Maintenance 3214 Kieft Brothers Inc 203846 35 - 1" Concrete Ring, 14 - 3" Concrete Ring, 6 Flat Top Covers 2,077.35 470 00 7075 Supplies - Sewer System Maintenance 4093 HDS White Cap Construction Supply 10001945889 3 Bundles of Concrete Forming Stakes 64.38 471 00 7120 Gasoline 1014 Al Warren Oil Company Inc 10855371 Unleaded Fuel Purchase 07/21/2014 2,617.86 472 00 7120 Gasoline 1014 Al Warren Oil Company Inc 10855371 Unleaded Fuel Purchase 07/21/2014 1,963.39 473 00 7130 Diesel 1014 Al Warren Oil Company Inc 10855372 Diesel Fuel Purchase 07/21/2014 1,293.56 474 00 7130 Diesel 1014 Al Warren Oil Company Inc 10855372 Diesel Fuel Purchase 07/21/2014 970.17 475 00 7140 Electricity 1033 ComEd 3240002012-06/14 Electricity 05/30/14-06/30/14 137.36 476 00 7140 Electricity 1033 ComEd 2038128006-07/14 Electricity 06/05/14-07/08/14 49.98 477 00 7140 Electricity 1033 ComEd 6331089024-07/14 Electricity 06/04/14-07/08/14 356.57 478 00 7140 Electricity 1033 ComEd 0096017042-07/14 Electricity 06/09/14-07/10/14 1,625.96 479 00 7140 Electricity 1033 ComEd 5814097012-07/14 Electricity 06/10/14-07/10/14 72.09 480 00 7140 Electricity 1033 ComEd 5060090016-07/14 Electricity 06/11/14-07/11/14 225.63 481 00 7140 Electricity 1033 ComEd 0575134020-07/14 Electricity 06/04/14-07/07/14 210.51 482 00 7140 Electricity 1033 ComEd 4995025051-07/14 Electricity 06/09/14-07/09/14 37.88 • On-going City litigation items provided separate'y to the City Counc 1. Page 18 of 24 Amount 483 00 7140 Electricity 1033 ComEd 4436122006-07/14 Electricity 06/18/14-07/18/14 2,097.32 484 00 7140 Electricity 1033 ComEd 3461136053-07/14 Electricity 06/09/14-07/08/14 28.05 485 00 7140 Electricity 1033 ComEd 3526009006-07/14 Electricity 06/09/14-07/10/14 123.77 486 00 7140 Electricity 1033 ComEd 0640144010-07/14 Electricity 06/09/14-07/10/14 104.65 487 00 7140 Electricity 1033 ComEd 2148094073-07/14 Electricity 06/11/14-07/11/14 48.82 488 00 7140 Electricity 1033 ComEd 0762050019-07/14 Electricity 06/11/14-07/11/14 18.69 489 00 7140 Electricity 1033 ComEd 0718079040-07/14 Electricity 06/09/14-07/09/14 31.34 490 00 7140 Electricity 1033 ComEd 2382141015-07/14 Electricity 06/09/14-07/09/14 32.63 491 00 7140 Electricity 1033 ComEd 1602149012-07/14 Electricity 06/06/14-07/08/14 242.55 492 00 7140 Electricity 1033 ComEd 2902009038-07/14 Electricity 06/04/14-07/08/14 222.58 493 00 7140 Electricity 1033 ComEd 6152054027-07/14 Electricity 06/09/14-07/09/14 14,277.61 494 00 7140 Electricity 1033 ComEd 522273006-07/14 Electricity 06/04/14-07/08/14 186.39 495 00 7140 Electricity 1033 ComEd 5646761001-07/14 Electricity 06/05/14-07/07/14 29.80 496 00 7140 Electricity 1033 ComEd 3526170000-07/14 Electricity 06/04/14-07/07/14 58.67 497 00 7150 Water Treatment Chemicals 2661 Hach Company 8925583 DPD Free Chlorine - Water Treatment 372.47 498 00 7300 Uniforms 1705 Sears Commercial One T216063 2 Pair Jeans & 3 Shirts for Uniforms - Sewer 140.97 499 00 8100 Improvements 1067 Orange Crush 2013 -A -P9 2013 CIP St & Utility Improvements 06/05- 07/25/2014 (195,009.26) 500 00 8100 Improvements 1067 Orange Crush 2014 -A -P2 Construction -2014 CIP St & Utility 06/27-07/18/2014 187,933.59 501 Total 00 - Non Departmental 46,115.96 503 30 6015 Communication 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 18.01 Electricity 06/09/14-07/09/14 221.78 512 Services 7140 Electricity 07/13/2014 0354464001-07/14 504 30 7500 Postage & Parcel 1041 Federal Express 2-725-80749 Delivery Service 06/24- 113.43 Electricity 06/10/14-07/10/14 22.32 514 00 7140 Electricity 07/17/2014 4722388001-07/14 505 Total 30 - Finance 515 131.44 507 Total 500 - Water/Sewer Fund L 46,247.40 510 Fund: 510 - City Owned Parking Fund 511 00 7140 Electricity 1033 ComEd 5310303000-07/14 Electricity 06/09/14-07/09/14 221.78 512 00 7140 Electricity 1033 ComEd 0354464001-07/14 Electricity 06/09/14-07/09/14 2,890.41 513 00 7140 Electricity 1033 ComEd 4974385007-07/14 Electricity 06/10/14-07/10/14 22.32 514 00 7140 Electricity 1033 ComEd 4722388001-07/14 Electricity 06/09/14-07/09/14 17.63 515 00 7140 Electricity 1033 ComEd 4791127023-07/14 Electricity 06/10/14-07/10/14 2,647.63 516 00 7140 Electricity 1033 ComEd 2239082030-07/14 Electricity 06/10/14-07/10/14 871.36 517 Total 00 - Non Departmental 6,671.13 519 Total 510 - City Owned Parking Fund 6,671.13 On-going City itigatlon items provided separately to the City Council. Page 19 of 24 Amount 522 Fund: 520 - Metra Leased Parking Fund 530 00 523 00 7140 Electricity 1033 ComEd 5310666002-07/14 Electricity 06/10/14-07/10/14 1,160.51 524 Total 00 - Non Departmental 6015 Communication Services 1552 Verizon Wireless 1,160.51 526 Total 520 - Metra Leased Parking Fund 1,160.51 529 Fund: 590 - DPECC - DP Emergency Comm Center 530 00 6005 Legal Fees 3447 Holland & Knight LLP 3070860 6-14 Non -Retainer ETSB Restructuring 360.00 531 00 6015 Communication Services 1552 Verizon Wireless 9728597066 Cell Phone Service 06/14- 07/13/2014 171.91 532 00 6015 Communication Services 1265 Northern Illinois Police Alarm Sys 9725 Language Lines Translation Services June 2014 115.20 533 00 6015 Communication Services 1265 Northern Illinois Police Alarm Sys 9711 Language Lines Translation Service April/May 2014 405.80 534 00 6110 Printing Services 1119 Chicago Office Technology Group 330903 Copy Fees 223272A 6/22/14 to 7/22/14 101.77 535 00 6195 Miscellaneous Contractual Services 1077 Shred -it USA - Chicago 9403939827 Shredding Service 7/21/14 44.80 536 00 6305 R&M Equipment 1621 AT&T Global Services Inc SB806042 Viper Telephone Maintenance 8/3/14 to 9/2/14 1,895.56 537 00 7000 Office Supplies 1066 Office Depot 724233219001 Highlighters, CD -R, Correction Tape, Post -its 154.21 538 00 7000 Office Supplies 1644 Warehouse Direct 2386768-0 Copy Paper. Ink Refill 34.21 539 ! Total 00 - Non Departmental 3,283.46 541 Total 590 - DPECC - DP Emergency Comm Center 3,283.46 544 Fund: 600 - Risk Management Fund 545 00 5350 Substance Abuse Program 1015 Alexian Brothers Corporate Health Svcs 532863 DPPD Random Screening 07/07/2014 75.00 546 00 5545 MICA Deductible 1061 Municipal Insurance Cooperative 014736 049808 MICA Deductible 12/01/2011 475.00 547 00 5545 MICA Deductible 1061 Municipal Insurance Cooperative 015563 049809 MICA Deductible 03/05/2014 1,000.00 548 00 5555 Workers' Comp Expense 1657 Richard, Thomas 07/15-07/28/14 Workers Compensation 07/15- 07/28/14 989.12 549 00 5565 Claims Administration Fee 2243 Sedgwick CMS 61034245 Unemployment Admin Srvcs 07/19/2014-10/19/2014 550.00 550 00 6005 Legal Fees 3447 Holland & Knight LLP 3070855 6-14 Non -Retainer PSEBA Proceedings 1,628.90 551 Total 00 - Non Departmental 4,718.02 553 Total 600 - Risk Management Fund 4,718.02 557 Fund: 700 - Escrow Fund 558 N/A 2226 Special Events - July 4th 2016 Sign A Rama 30617 4th of July Parade Signs 961.00 559 N/A 2430 Escrow - Police Items 1320 IL State Police June 2014 City Background Check Services June 2014 for City Fingerprints 79.50 • On-going City Litigation items provided separate'y to the City Council. Page 20 of 24 City of Des Plaines Warrant Register 08/18/2014 Vendor Invoice Invoice Des Amount 560 N/A 2430 Escrow - Police Items 1320 IL State Police June 2014 Liquor Background Check Services June 2014 Liquor Fingerprints 535.50 561 N/A 2464 Hydrant Deposits 4920 HR Stewart Plumbing Inc. 20140300001 Hydrant Refund 07/29/2014 1,100.00 562 N/A 2486 Additional Contracts - Engineering 1067 Orange Crush 2014 -C -P2 Construction 2014 CIP Street & Utility 07/01-07/29/2014 326.01 563 N/A 2486 Additional Contracts - Engineering 4581 G&M Cement Construction Inc 2014-0-P3 2014 CIP Concrete Improvements 07/01- 07/31/2014 8,231.98 564 N/A 2493 Escrow Projects 3703 Johnson, Mitchell 07/20/2014 Scriptwriting for Restaurant Week 07/20/2014 30.00 565 N/A 2493 Escrow Projects 3703 Johnson, Mitchell 07/23/2014A Pre -Production for Restaurant Week 07/23/2014 18.75 566 N/A 2493 Escrow Projects 4086 Cumbee, Adam 07/23/2014 Pre -Production for Restaurant Week 07/23/2014 10.00 567 N/A 2493 Escrow Projects 4086 Cumbee, Adam 07/25/2014 Photos for Restaurant Week 07/25/2014 45.00 568 N/A 2493 Escrow Projects 4272 Cosgriff, Bryan 07/23/2014 Pre -Production for Restaurant Week 07/23/2014 10.00 569 N/A 2493 Escrow Projects 4838 Orr, Timothy J 07/23/2014 Pre -Production for Restaurant Week 07/23/2014 10.00 570 Total N/A 11,357.74 572 Total 700 - Escrow Fund 11,357.74 574 Grand Total 1,260,851.25 On-going City 1-tigation items provided separately to the City Councii. Page 21 of 24 City of Des Plaines Warrant Register - 08/18/2014 Manual Checks Line # 575 Org Account Vendor Invoice Fund: 100 - General Fund Invoice Desc Amount Supplies - Street R&M 576 20 6015 Communication Services 1032 Comcast Cable 07/11/14 x1141 Internet/Cable Service 07/18- 08/17/2014 209.50 577 20 6015 Communication Services 1533 Wide Open West 07/22/14 x6044 Internet/Cable Service 07/21- 08/20/2014 93.00 578 Total 20 - City Administration 07/15/2014 302.50 580 50 7055 Supplies - Street R&M 1047 Home Depot Credit Svcs 4014910 Flood Lights Sign @ Rand & 179.94 584 Total 60 - Police Department 2471 16.73 4297 Des Plaines Photo Enforcement 170560028904386 Wolf 100.00 581 Total 50 - Public Works & Engineering 602 179.94 583 60 6015 Communication Services 1032 Comcast Cable 07/18/14 x6724 Internet/Cable Service August 2014 16.73 584 Total 60 - Police Department 2471 16.73 586 65 6015 Communication Services 1032 Comcast Cable 07/22/14 x6716 Internet/Cable Service August 2014 14.64 587 Total 65 - Emergency Management Agency 2471 14.64 589 N/A 2471 Red Light Payable 4297 Des Plaines Photo Enforcement Program 170560028975680 5 Red Light Cash Payment 07/23/2014 100.00 590 N/A 2471 Red Light Payable 4297 Des Plaines Photo Enforcement 170560028904386 Red Light Cash Payment 100.00 Natural Gas Service 06/16- 07/15/2014 23.07 602 Total 00 - Non Departmental Program 2 07/15/2014 258391994 591 N/A 2471 Red Light Payable 4297 Des Plaines Photo Enforcement 170560028726059 Red Light Cash Payment 100.00 Program 5 07/25/2014 592 N/A 2471 Red Light Payable 4297 Des Plaines Photo Enforcement 170560028972592 Red Light Cash Payment 100.00 Program 9 07/25/2014 N/A 2471 Red Light Payable 4894 Martinez -Hernandez, Guillermo Refund 07/25/14 Duplicate Payment for Red 100.00 593 Light Violation #1705600288626253 594 Total N/A 500.00 596 Total 100 - General Fund 1,013.81 599 Fund: 201- TIF #1 Downtown Fund 60000 00 7110 Natural Gas 1064 Nicor 07/15/14 x603131 Natural Gas Service 06/13- 07/15/2014 39.41 601 00 7110 Natural Gas 1064 Nicor 07/15/14 x550488 Natural Gas Service 06/16- 07/15/2014 23.07 602 Total 00 - Non Departmental 6140 62.48 604 Total 201- TIF #1 Downtown Fund 62.48 607 Fund: 420 - IT Replacement Fund 608 00 6140 Leases 1068 PNC Equipment Finance 4913519 Copier Lease 124827000 08/22- 09/21/2014 1,897.00 609 00 6140 Leases 1068 PNC Equipment Finance 4912284 Copier Lease 130562000 08/20- 09/19/2014 540.00 610 00 6140 Leases 1420 US Bancorp Equipment Finance Inc 258391994 E3500 Copier Lease 07/22- 08/21/2014 349.00 611 Total 00 - Non Departmental 2,786.00 613 Total 420 - IT Replacement Fund 2,786.00 Page 22 of 24 City of Des Plaines Warrant Register - 08/18/2014 Manual Checks Vendor Invoice Invoice Des Amount 615 Fund: 500 - Water/Sewer Fund 616 00 6015 Communication Services 1032 Comcast Cable 07/20/14 x6216 Internet/Cable Service 07/27- 08/26/2014 89.85 617 00 7110 Natural Gas 1064 Nicor 07/16/14 x400005 Natural Gas Service 06/17- 07/16/2014 86.46 618 00 7110 Natural Gas 1064 Nicor 07/18/14 x500005 Natural Gas Service 06/19- 07/18/14 153.36 619 00 7110 Natural Gas 1064 Nicor 07/18/14 x500009 Natural Gas Service 06/19- 07/18/2014 23.07 620 Total 00 - Non Departmental 4823 Schiff, David K 352.74 622 30 6025 Administrative Services 1034 Suwinski, Daniel W 07/10-07/24/2014 Water Meter Reads 07/10- 07/24/2014 815.63 623 30 6025 Administrative Services 1042 Musillami, Frank 07/10-07/24/2014 Water Meter Reads 07/10- 07/24/2014 419.13 624 30 6025 Administrative Services 1051 Kallio, Jukka 07/10-07/24/2014 Water Meter Reads 07/10- 07/24/2014 686.16 625 30 6025 Administrative Services 1608 Fox, Saul 07/10-07/24/2014 Water Meter Reads 07/10- 07/24/2014 1,438.09 626 30 6025 Administrative Services 4823 Schiff, David K 07/10-07/24/2014 Water Meter Reads 07/10- 07/24/2014 926.37 627 Total 30 - Finance 4,285.38 629 Total 500 - Water/Sewer Fund 4,638.12 632 Fund: 590 - DPECC - DP Emergency Comm Center 633 00 6015 Communication Services 1009 AT&T 847Z97367007-14 Communication Service 07/16- 08/15/2014 389.44 634 00 6015 Communication Services 1009 AT&T 773R06175107-14 Communication Service 07/16- 08/15/2014 624.06 635 00 6015 Communication Services 1032 Comcast Cable 07/15/14 x6740 Internet/Cable Service 06/30- 08/29/14 449.70 636 00 6140 Leases 1068 PNC Equipment Finance 4912285 Copier Lease 130670000 08/20- 09/19/2014 96.00 637 Total 00 - Non Departmental 1,559.20 639 Total 590 - DPECC - DP Emergency Comm Center 1,559.20 642 Fund: 700 - Escrow Fund 643 N/A 2493 Escrow Projects 4916 Murray, Don & Mary 08/01/2014 2014 Mayor's Curb Appeal Challenge Winner - Most Improved 1,000.00 644 N/A 2493 Escrow Projects 4917 Brown, Dan & Linda 08/01/2014 2014 Mayor's Curb Appeal Challenge 2nd Place - Most Improved 500.00 645 N/A 2493 Escrow Projects 4918 White, Robert 08/01/2014 2014 Mayor's Curb Appeal Challenge 2nd Place - Best Curb Appeal 500.00 646 N/A 2493 Escrow Projects 4919 Hardwick, Stan 08/01/2014 2014 Mayor's Curb Appeal Challenge Winner - Best Curb Appeal 1,000.00 647 Total N/A 3,000.00 649 Total 700 - Escrow Fund 3,000.00 651 Grand Total 13,059.61 Page 23 of 24 City of Des Plaines Warrant Register - 08/18/2014 Summary Automated Accounts Payable Manual Checks Payroll Electronic Transfer Activity: Bank of America Credit Card Chicago Water Bill ACH Postage Meter Direct Debits Utility Billing Refunds First Merit Bank Fees Discovery Benefits Admn Fees IMRF Payments Debt Service Employee Medical/Dental Trust Total Cash Disbursements: Amount Transfer Date $ 1,260,851.25 $ 13,059.61 $ 1,215,996.76 ** ** 8/18/2014 8/1/2014 8/8/2014 $ $ - $ $ 3,796.22 7/24/2014 $ $ 865.60 7/25/2014 $ 195,924.90 8/7/2014 $ $ 652,450.64 * 8/1/2014 $ 3,342,944.98 * Multiple transfers processed on and/or before date shown ** See attached report Adopted by the City Council of Des Plaines This Eighteenth Day of August 2014 Ayes Nays Absent Gloria J. Ludwig, City Clerk Matthew J. Bogusz, Mayor Page 24 of 24 er,TO xir DES PLAINES ILLINOIS Committee of the Whole Item # 1 b City of Des Plaines Finance Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5325 Fax: 847-391-5402 MEMORANDUM Date. August 8, 2014 To: Michael G. Bartholomew, City Manager From: Dorothy Wisniewski, Assistant City Manager/Director of Finance�D Subj: 2013 Comprehensive Annual Financial Report (CAFR) Issue: To report on the annual audit conducted by the independent auditing firm of Crowe Horwath LLP and documented in the Comprehensive Annual Financial Report (CAFR) for the year ended December 31, 2013. Analysis: An independent audit of the City's financial information is one of the major responsibilities of the City's finance department. The approval of the CAFR is as significant as the approval of the Annual Operating Budget. The independent audit plays an important role in public sector finance by verifying the credibility of the local government's ability to provide accurate and comprehensive financial reporting. The City hires an independent auditing firm to conduct an annual audit in accordance with the auditing standards generally accepted in the United States of America. The audit includes examining on a test basis, evidence supporting the amounts and disclosures in the financial statements. The audit also includes assessing the accounting principles used and significant estimates made by the City management, as well as evaluating the overall financial statement presentation. The management staff assumes full responsibility for the completeness and reliability of all of the information presented in the CAFR. To provide a reasonable basis for making these representations, management has established a comprehensive internal control framework that is designed to protect the government's assets from loss, theft, or misuse. For the 2013 fiscal year, the following audits have been conducted for the City of Des Plaines: Comprehensive Annual Financial Report (CAFR) — the CAFR serves as the government's complete accounting of its "net worth." The CAFR is similar to the Annual Financial Report (AFR) that publicly traded corporations are required to issue each year and furnish to its shareholders based on the Securities and Exchange Commission (SEC) regulations. For the fiscal year ended December 31, 2013 the City of Des Plaines' CAFR received an "unqualified opinion" An "unqualified Page 1 of 2 opinion" or "clean opinion" implies that in the independent auditors' opinion the financial statements are fairly presented in all material respects in conformity with the generally accepted accounting principles. Additionally, the Government Finance Officers Association (GFOA) awarded the City of Des Plaines' 2012 CAFR a certificate of achievement award for the 33rd consecutive year. Recommendation: Attached is a copy of the above mentioned report for the fiscal year ended December 31, 2013 which provide the essential financial indicators to be used on an ongoing basis as well as the basis for the 2015 Budget document. Attachments: Comprehensive Annual Financial Report for the year ended December 31, 2013 (to be provided under separate cover) Page 2 of 2 DES PLAINES CHICAGOI.AND'S CITY OF DESTINY Committee of the Whole Item # 2a City of Des Plaines Community & Economic Development Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5306 - Fax: 847-827-2196 MEMORANDUM Date: August 6, 2014 To: Michael G. Bartholomew, MCP, TEED AP, City Manager George Sakas, Director From: Chan Yu, Associate Planner Subj: Business Assistance Program Approval — Forever Yogurt, Metropolitan Square Issue: The Business Assistance Program (R-135-14) requires City Council approval on ali applications with a project award amount of over $10,000.00. Analysis: The applicant Yogura Swirls Inc., DBA Forever Yogurt has applied for the Interior Build -Out Program to establish a frozen yogurt cafe in Metropolitan Square at 1512 Market Street, between Potbelly and Panera Bread. The proposed scope of work includes for example: electrical, plumbing, HVAC, floor preparation and drywall (Attachment 1). The three bids received for the comprehensive build -out work ranges from $154,136.50 to $202,276.00. Forever Yogurt has chosen Retail and Restaurant Contractors (RRC) LLC's $154,136.50 bid to complete the project (Attachment 2). The Interior Build -Out Program allows businesses to be reimbursed for up to 50% of the costs incurred, with a maximum award amount of $15,000.00. Thus, the project reimbursement sum for consideration is $15,000.00. Staff visited the project location and reviewed the proposed scope of work with the applicant. A picture of the space can be found in Attachment 3. Recommendation: I recommend the City Council approve the Business Assistance Interior Build -Out Program applicant for reimbursement not to exceed $15,000.00 based upon project completion. Attachments: Attachment 1: Interior Build -Out Program Application (Forever Yogurt at i 512 Market Street) Attachment 2: Applicant Bids Received Attachment 3: Photo of Proposed Area for Improvement (08/06'14) Resolution R -l67-14 Page 1 of 16 DES PLAINES CHICAGOLAND'S CITY OF DESTINY Applicant Name: REMINDER: Application must be approved prior to starting the project. For assistance, please contact Chan Yu, Associate Planner at cvulade pIaines.org or (847) 391-5381 Please remember, the Business Incentive and Facade Programs are for food/beverage/sales tax generating businesses. Des Plaines Business Assistance Program Application l4rda R11 -Li Business Name: Vit ji} ( 1 I,.) t • /10 1? PA/eg. 7p GA,) r 1. Des ?IA 1 t..► es Address: IS 1Z tliw Business Phone: —4-13 - 3011 — 211 2. 3 Email: ta. 124 der.,62.. VOgurta . US Det P1Aties (L. Gico /IQ Alternative Phone: —4'4-3 5 9 q •- Zo / S Fax: iVfi Business Regulation Certificate (check one): nYes, the certificate number is j'No, 1 have applied on 4' Z7-1.4 I am the (check one) of the business property: Ej Property Owner or 2f Tenant if you are a tenant, please provide a project consent letter from the property owner. lease agreement., and complete the following information of the property owner. Name: w G a-olep I i AN is A 1'e LLC Address: �/O/ CON.!)re5 AVf /4.►u1" t 33 rc1 •P[ooy Phone: ($I) 321- -33= Fax: Email: A A L ar t llir @ W Cc..,apt-rue oS irt7u 1P . f.12M When does the lease expire? use 2-oZ4 Austt N "1"-Y —4 -g? -01 Disclaimer All grant awards are subject to funding by City Council during the budget process in each fiscal year. City Council reserves the right to discontinue this program at any time for any reason without notice. Attachment 1 Page 2 of 16 Business Incentive Project Information Please submit a contractor's work proposal narrative, detailed cost estimate and illustration with dimensions. Description of the project: Gotip !i? TQ 7-42.40/ter fN rein or SIV ire Butt ti - our• 1.NCIv 411..10 Arlt .2ieG- ne-AA1 p(Jr►b1N� 1 -ti �ri teGhp i C.41311 f,aor K. ` Estimated cost (quote from contractor): Anticipated start date of project: Anticipated completion date of project: Business Incentive Program Rules /sy, X36. Please initial each line after reading, understanding and agreeing to: git Applicants must install at least $1,500 in eligible improvements. Q. Businesses may apply for one grant award per business over the life of the program. Y Businesses have (6) six months after "Letter of Approval and Notice to Proceed" to complete the project. Pitt If any business chooses to accept the grant award they must agree not to remove program items for any reason without limitation for a period of (5) five years after receiving the grant money. Pa. If any business removes said items for any reason in this (5) five year period they must re pay the entire grant award in full with -in (30) thirty days of removal. Applicants must receive a "Letter of Approval and Notice to Proceed" and secure all necessary permits before work may begin. _ 1 have received the "Business incentive Program Guidelines". 1 have received the "Business Incentive Program Administrative Procedure". Appli signature Attachment 1 Date /az/ 2o/y Page 3 of 16 Attachment 1 1 1 t r• Page 4 of 16 Proposal Submitted To: Rick Ricci Job location: Forever Yogurt Des Plaines Franchisee Address: Forever Yogurt Des Plaines Metropolitan Square Job Specs:1500 sq ft Franchisor. Forever Yagcrt Date: 7/1/14 Interior remodel Scope of Work Stare front to be remodeled by landlord installers. Framing - ell new interior walls including utility chase walls per plans / curved yogurt wall to have cut outs for (8) yogurt machines and overhead soffit with 3 5/8" steel studding and track / frame new circular soffit over cash wrap. / Install new interior doors as needed. Tenant to furnish all exterior doors and hardware as needed. General Contractor not responsible for installation of any exterior locks or exterior door hardware. Drywall, mud and tape - hang 5/8" gypsum drywall an all new interior walls and tape and mud and sand walls to a paint ready finish. / FM drywall over radius framing at cash wrap. Electrical — disconnect and remove any unused receptacles. switches or any other device / Supply and install all necessary wiring to new fixtures per plans and design standards to front counter. all equipment locations. (8) yogurt machines (I) CATS date cable for front counter / Electrician end fire to follow engineered drawings / Tenant to provide lighting fixtures. Tenant responsible for low voltage wiring install and hardware including new internet data lines. PDS. music system and surveillance camera system. Plumbing — supply and install all necessary underg^ound drainage and hat and cold plumbing / Tenant to provide new plumbing fixtures including all sinks. faucets and manifold piping for yogurt machines as shown in plans. GC to supply and install locally approved interior passive grease interceptor 2 3 -bay sink location /Tenant to provide new water heater / Install necessary water requirements for yogurt machine chiller system. Installation of chiller unit and chiller piping by tenant / Tenant to supply glycol chiding system and manifold as needed. / Tenant to furnish and install sprinkler system as required by landlord or city buhding code. Mechanical — FBI all additional ductwork components per plans to make 10096 operational. Tenant to provide a0i RTU units and heater. In the event that HVAC is not operational due to RFU or furnace failure. tenant to provide these replacement units. Fire Suppression — Fire suppression allowance to be provided by Tenant for fire alarm or sprinkler system as determined by local budding department. Fire and sprinlder permits and installation not included. 215 W Ohlo, Suite 1W 1 Retail and Restaurant Contractors LLC Attachment 2 Page 5 of 16 Palnnt R Wall covering - install wall coverings in entire space per plans and par DS. Wallpaper covering supplied by general contractor. Supply end paint entire space to match Forever Yogurt specs. No decals or graphic materials included in this bid. General contractor to F 6 I wallpaper and wall finishes, namely tile. paint. reclaimed lumber and decorative metal paneling. lila - FBI 6" x 24" floor tile in customer area par plans and 6" x 6" quarry tile per plans / F6I all ceramic base per plans. / F 6 I glass tide along yogurt machine wall shown on plans. Millwork/Carpentry - Supply and install ell millwork per plans. (Millwork will have a min. 4 week lead time). Includes front counter, back counter. cup dispenser and seating ledge. F6I new reclaimed lumber on face of all cabinetry end millwork components. Tenant to provide menuboard and menuboard graphics. Ceiling - supply and install new grid and 2'x4' gypsum vinyl tiles in kitchen area and bathroom/ supply and install 2'x4' grid and 2'x4' Armstrong ceiling tiles in customer area as needed in kitchen and bathroom. Open ceiling with painted ceiling finish in customer areas. Full Restaurant Setup - Assemble and install all customer area chairs and tables. Install new sneeze guard per plans. Tenant to provide ell sneezeguards and restaurant equipment. General Canditien: - dumpster, mobilization. storage. equipment. general labor. site supervision. project management, construction materials, door and hardware. Additional Notes Retail and Restaurant Contractors (RRC) offers turn -key speedy build outs, with everything included in the price leaving very little financial guess work throughout the construction process. RRC takes All the construction stress and aggravation away from the franchisee. leaving any and BD construction challenges up to us. This gives the franchisee complete freedom to continue with their day to day activities, Job Schedule r RRC Build -Out 6-8 weeks after 6-8 week construction timeline Construction Start Data Anttctpatad Cin End Date: Retail and Restaurant Contractors will be charged MOO for every day construction occurs past the anticipated construction end date. However. Retail and Restaurant Contractors will not be charged a late penalty fee for all delays secondary to Homewood budding department inspector construction revision requests, health inspector revision requests. inspector scheduling delays or unforeseen circumstances such as natural disaster, fire or other calamities IL215 W Ohio, Suite 1W 1 Retail and Restaurant Contractors LLC Attachment 2 Page 6 of 16 Sub — Contractor/Cost Break Dawn General ....... 44.100.00 Site Work...._ ............. ...... _._......................... _$10,750.00 Miliwerk.._..._.._...._......._ ................_...._. $13,x00.00 Door and Fromm."... ..... 3,000.00 Finishes........................._....._...._._._...._._...._S 28,286.50 Plumbing. ...•••••••••••••••• •••••••••••••••••••••••••••••••••••••••S 25,500110 Electrical ..._...�.�._._.._......_......._...._._$18,500.00 HVAC ..._. ...... _...._...._._...._._... .._$10,000.00 6C Fee •••••••••••••••••••••••••••••••• ....... ••••••••••HS LOOM° 215 W Ohio, Suite 1W I Retail and Restaurant Contractors LLC Attachment 2 Page 7 of 16 Exceptions g Y fees. business license fee or of work in this proposal, will be / roofing not included. I. Store owner to pay for any utility costs. water and sewer impact fees, architectural fees. building permit other city fees if applicable. 2. Any removal of hazardous materials. such as asbestos or lead paint is not included in this proposal. 3. Any items the building ar health department requires after their plan check that is not part of our scope done at an additional cost. 4. Alterations or additions to existing structure of the building are landlord's or franchisee's responsibihty 5. No interior or exterior signage included. S. NI Forever Yogurt wail art, decals graphics. signage are not included in this bid. 7. Electrical panels and transformer to remain es -is provided by landlord. 8. Price does not include security fees. or police details. 9. Tenant to pay for all fire proofing of floors, walls and beams. RRC will warranty your store for ane year from the date of completion. This will included anything that might occur due to our initial buikl-out. Does not include wear and tear damages. However, we will be more than happy to fix any damages on either location at any point due to customer ane employee wear and tear. Total Coubsct Pry S 154.13a50 Payments to be made as follows: 30% initial deposit prior to start of construction 2596 progress payment after trades rough inspection 2596 progress payment prior to final inspection 20% final payment after final budding and final trades inspections You are now entering into a construction agreement. By signing below you understand and agree to all the above information. You agree to follow the proper procedures given by Retail and Restaurant Contractors LLC throughout the entire construction process. RRC will do everything possible to execute a timely professional store build -out. Coordination can be maintained on a daily basis through RRC's field superintendent. RRC will not be held responsible for over scheduled store delivery due to any orders and deliveries. RRC prides itself on a speedy build -out. however keeping quality to the highest level. Authorized franchisee Signature: Date: Franchisee Printed Name Date Authorized Signature: RRC LLC Data: Privacy Agreement the franchisee understands that ell the information In this proposal is confidential and far na reason this proposal ar any of the above figures will be 215 W Ohio, Suite 1W 1 Retail and Restaurant Contractors LLC Page 8 of 16 G July 9, 2014 Mr. Riccardo Ricci Rickriccinet@gmail.com C: 773-391-2423 Re: Forever Yogurt Metropolitan Square, Suite B-105, Des Plaines, IL 60016 Dear Mr. Ricci, Thank you for allowing G2 Builders to submit our proposal on the new tenant's build out for 1,489 S.F. Forever Yogurt in Des Plaines, IL. We have prepared a complete price breakdown attached herein for your review. We have prepared our proposal according to the drawings prepared by Simon Architectural Group dated 6.11.2014. CONSTRUCTION The terms of our contractual agreement will be based on a Lump Sump Price construction contract, utilizing the AIA Abbreviated Standard Form of Agreement between Owner and Contractor, which will include a lump sum fixed fee. LUMP SUM PRICE ......................................................... $ 202,276.00 ($135.85/SF) All of us at G2 would be thrilled to be the builder on this project. No one will give Forever Yogurt more attention and we will work tirelessly to get your project done on time, on budget with the highest level of quality. We hope we can show you what we can do. If you ever have any questions, please call Oscar at 630-289-7304 anytime, day or night. Sincerely, G2 Builders, LLC Oscar Garcia President Cc: Ms. Alexa Boro, New Business Development 1300 Greenbro k 8 , Suite 101 5807 Park ii Hanover Park44 tient „y, 44 Forever Yogurt - 1,489 S.F. Tenant's Buildout Metropolitan Square, Suite 8;105, Des Plaines, IL 60016 Costs/SF 12.36 123.49 135.85 Attachment 2 Page 10 of 16 BUILDING SHELL IN A TOTALS Carpentry - 440 440 Finish Carpentry - 18,666 18,666 Access Panel 300 - 300 Fire Stopping/Sealants & Caulking 856 856 1,712 Doors/Frames & Hardware - 4,850 4,850 Framing & Drywall - 10,634 10,634 Floor Preparation - 521 521 Acoustical Ceiling - 1,470 1,470 Solid Surface Countertop - 9,095 9,095 Tiling- 21,335 21,335 FRP & Misc. Steel - 10,660 10,660 Rubber F:ooring - 216 216 Painting - 3,061 3,061 Wall Coverings - 12,452 12,452 Toilet Partitions & Accessories - 1,900 1,900 Specialties - 945 945 Fire Protection - 2,382 2,382 Plumbing 8,740 30,300 39,040 HVAC - 8,217 8,217 { Electrical 6,200 19,485 25,685 Fire Alarm - 1,712 1,712 Subtotal 16,096 159,197 175,293 General Conditions 1,253 12,389 13,642 Permit Fee (Allowance) - 1,802 1,802 Insurance 173 1,734 1,907 Overhead & Profit 876 8,756 9,632 Totals 18,398 183,878 202,276 Costs/SF 12.36 123.49 135.85 Attachment 2 Page 10 of 16 j Forever Yogurt - 1,489 S.F. Tenant's Buildout Metropolitan Square, Suite B-105, Des Plaines, IL 60016 Pricing Summary (July 9, 2014) ALTERNATES ADD / DEDUCT AMOUNT 11. Furnish and Install Grease Interceptor ADD 3,000 CLARIFICATIONS & EXCLUSIONS a. We have not included any Architectural and Engineering Fees, Utility Fees and any Testing Service Fees. b. The work is based on using G2's contractors. All roof penetrations to be resealed by Landlord's roofing contractor. c. The work will take one and half months (6 weeks) to complete and this is not including any design, shop drawings review and approaval time. d. We have exicuded Low Voltage in our work scope. e. The Owner will provide all lighting fixtures and other equipment listed on A-1.1 Equipment List shown as "furnished by Tenant". This proposal contains confidential information and is intended only for the party named. The information contained herein is the property of G2 Builders, LLC This document shall not be copied, altered, or disseminated without the express consent of G2 Builders, LLC. Attachment 2 Page 11 of 16 GLOBAL DEVELOPMENT CORP. 1901 S. Calumet Ave #902 CHICAGO, IL 60616 July 1, 2014 FOREVER YOGURT DesPlaines IL ATTN : Ricki Ricc General Contractor JD 312-656-7487 THE SCOPE OF THE CONSTRUCTION TO CONSIST OF: \\.\1 i., ,N 111 1.\\( 1-1.c1(M BUILD ALL WALLS AS PER SPECIFICATION DRYWALL, TAPE AND PRIME ALL WALLS AND CEILING PAINT WALLS WHERE NEEDED FURNIS AND INSTALL BRICK IT WALL DECOR PROVIDE AND INSTALL FRP PER PLAN. PROVIDE AND INSTALL WALL AND FLOOR TILES PER PLAN. INSTALL ALL EQUIPMENT AND SINKS PROVIDED BY OWNER FURNISH AND INSTALL METAL DECORE PANELS FURNISH AND INSTALL DOORS AND HARDWARE FURNISH AND INSTALL BATHROOM ACCESSORIES PROVIDE ACOUSTICAL CEILING IN BACK ROOM AND WASHROOMS PROVIDE AND INSTALL RECLAIM LUMBER PER PLAN. PROVIDE AND INSTALL ALL MILLWORK PER PLAN. 111( 1R1( \I PROVIDE POWER TO ALL THE EQUIPMENT PROVIDE AND INSTALL ALL LIGHT FIXTURES PER PLAN. PROVIDE AND INSTALL EMERGENCY AND EXIT SIGNS PER PLAN. PROVIDE ELECTRICAL PANEL PER PLAN. PROVIDE ELECTRICAL TO OUTDOOR SIGNAGE ELECTRIC TO WALKEN COOLER PROVIDE ELECTRICAL TO THE TAYLOR MACHINES PROVIDE FIRE ALARAM PER PLAN. x'11 \Ili,\i, 2 ADA RESTROOMS PER PLAN PROVIDE WATER/DRAM AND VENT FOR 3CMP SINK, MOP SINK, VEGGIE SINK, HAND SINK INSTALL ALL SINKS PROVIDED BY OWNER PROVIDE SPRINKLE SYSTEM PER PLAN. PROVIDE AND INSTALL GREASE TRAP PER PLAN. PROVIDE AND INSTALL 50 GALLON HOT WATER TANK Attachment 2 Page 12 of 16 \II (11 \\I(' \I. PROVIDE DUCTWORK FOR 7.5 TON HVAC UNIT PER PLAN. BATHROOM EXHAUST INSTALL COOLERS WITH TOP MOUNT COMPRESSORS. NOT ROOF MOUNT OR SPLIT SYSTEM CLEAN THE STORE Dispose all construction debree and clean up the store RECEIVE THE DELIVERY FROM ROAD SIDE. ( MUST HAVE LIFT GATE SERVICE ) TOTAL PROJECT COST WITH LABOR AND MATERIAL : $168,500 EXCLUSION : PERMIT FEES 400AMP ELECTRIC SERVICE STORE FRONT CONCRETE SLAB DEMISING WALL CONSTRUCTION TIME : 6 WEEKS FROM START OF CONSTRUCTION. PAYMENT SCHEDULE: 1ST PAYMENT : 25% DEPOSITE TO PROCEED. 2ND PAYMENT : 25% AFTER ALL ROUGH INSPECTIONS PASSED. 3RD PAYMENT : 25% AFTER WALL AND FLOOR FINISHES AND DROP CEILING INSTALLED. 4Th PAYMENT : 15% AFTER ALL EQUIPMENT INSTALLATION AND PRIOR TO FINAL INSPECTION. 5Th PAYMENT : 10% DUE AFTER FINAL INSPECTION Attachment 2 Page 13 of 16 Attachment 3 — Photo of Proposed Area for Improvement (1501 Market St.) • Attachment 3 Page 14 of 16 CITY OF DES PLAINES RESOLUTION R - 167 - 14 A RESOLUTION APPROVING A BUSINESS ASSISTANCE PROGRAM (INTERIOR BUILD -OUT PROGRAM) GRANT FOR 1512 MARKET STREET. WHEREAS, the City has appropriated funds for use by the Community and Economic Development Department during the 2014 fiscal year for the disbursement of Business Assistance Program (Interior Build -Out Program) ("Program ") grants; and WHEREAS, the Program offers grants to reimburse businesses for 50 percent of the cost of an interior build -out of eligible commercial properties located within the City, up to a total amount of $15,000; and WHEREAS, Yogura Swirls, Inc., d/b/a Forever Yogurt ("Applicant"), has applied for a Program grant ("Grant") to complete the interior build -out of the commercial property located at 1512 Market Street within the City ("Subject Property"); and WHEREAS, the estimated cost of the proposed improvements at the Subject Property is $154,136.50; and WHEREAS, the City desires to approve the Grant in an amount not to exceed $15,000 to reimburse the Applicant for a portion of the cost of the proposed improvements at the Subject Property; and WHEREAS, the City Council has determined that is in the best interest of the City to approve and authorize the Grant in an amount not to exceed $15,000 to reimburse the Applicant for a portion of the cost of the proposed improvements at the Subject Property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DES PLAINES, COOK COUNTY, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: APPROVAL OF GRANT. The City Council hereby approves the Grant in an amount not to exceed $15,000 to reimburse the Applicant for a portion of the cost of the proposed improvements at the Subject Property in accordance with Program guidelines. 1 Resolution Page 15 of 16 SECTION 3: AUTHORIZATION OF GRANT. The City Council hereby authorizes and directs the City Manager to take all necessary and appropriate action to reimburse the Applicant in an amount not to exceed $15,000 for a portion of the cost of the proposed improvements at the Subject Property in accordance with Program guidelines. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2014. APPROVED this day of , 2014. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel Legal\Res\2014\DP-Resolution Approving the BAP Application for Forever Yogurt 1512 Market St #31988728_v1 2 Resolution Page 16 of 16 DES P[AIN(S CHICAGOLAND'S CITY Of DESTINY Committee of the Whole Item # 2b City of Des Plaines Community & Economic Development Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5306 - Fax: 847-827-2196 MEMORANDUM Date: August 6, 2014 To: Michael G. Bartholomew, MCP, TEED AP, City Manager George Sakas, Director From: Chan Yu, Associate Planner Subj: Business Assistance Program Approval — The Local, Downtown Train Station Issue: The Business Assistance Program (R-135-14) requires City Council approval on all applications with a project award amount of over $10,000.00. Analysis: The applicant, The Local Coffee Tea and Sweets, LLC (The Local) has applied for the Interior Build -Out Program to construct a coffee shop in the downtown Metra train station. As shown in the August 4th, 2014 City Council packet, the proposed scope of work includes: front counter, dividing wall, soft lighting installation, electrical and plumbing work (Attachment 1). The three bids received for the comprehensive build -out work ranges from $38,525.00 to $35,000.00. The Local has chosen All Trade Electrical and Construction's $35,000.00 bid to complete the project (Attachment 2). The Interior Build -Out Program allows businesses to be reimbursed for up to 50% of the costs incurred, with a maximum award amount of $15,000.00. Thus, the project reimbursement sum for consideration is $15,000.00. The applicant has reviewed the bidding process and proposed work with staff on numerous occasions. Staff anticipates a bona fide coffee shop with the work proposed through the program and list of equipment already purchased by The Local (Attachment 3). The Committee of the Whole discussion at the August 4, 2014 City Council meeting confirmed general support for the Business Assistance Program application for The Local. Pictures of the current condition can be found in Attachment 4. Recommendation: I recommend the City Council approve the Business Assistance Interior Build -Out Program applicant for reimbursement not to exceed $15,000.00 based upon project completion. Attachments: Attachment 1: Interior Build -Out Program Application (The Local at 1501 Miner Street) Attachment 2: Applicant Bids Received Attachment 3: The Local Equipment List (already purchased non -program eligible items) Attachment 4: Photos of Proposed Area for Improvement (07 30/14) Reso;ution R-168-14 Page 1 of 11 r -g) [ [ P[ AIN , Business Incentive Program Application Applicant Name: ?fid 6A.1 h r1 r1 1 Business Nante: _ C� Ff �[ s �-Le Address: /5 c' / ,T/.✓cam S 7. A: _ -4' S I[ 6c• / �. _ Business Phone: 65'17-5 2i.—o5l'�'1{+?'_ Alternative Phone: 7"f ' 7yt - y r /` Lmail /NtZ0CAe [i,30;) Ca M4M _ Fax: Business Regulation Certificate (circle one): Yes, the certi/Icate number is _ 6 SS No. I have applied on _ C I am the (circle onc) of the business property: Property Owner or &72.).". 1)' you arc & tenant, please provide amt jee4! Conscnl lettct from t rlrop rte vyaker. lass i agmmcnt, and complete the following intimation of the property owner. Name: _ Ci Ty _at I)e ?JaLA, ✓c S Address: Phone: Fax: 1�inail: When does the lease expire? Adopted 11-7-2011 (R-138-111 Attachment 1 Page 2 of 11 Irterictr I(1tproac+ttcn1 Project inlornt;t1iori Pic:ts,• submit a contractor's ‘vurk proposal narrative, dermied dimensions. Please bristly describe your projccl below: 1)esci triton o1 the project • et, % 1 1 ; 40 Estimated cost (quote from contractor):,, ov.� t' Anticipated start date of project: A'(si 2 o 2i l y Anticipated completion date of project: SLP r / 7 , L u t i 6 96'✓!t :so `- Df Business Incentive Program Rules !'lease initial each line alter reading, understanding and agreeing to: Applicants must install at least $1,500 in eligible improvements. Businesses may apply for one grant award per business over the life of the program. Businesses have (6) six months after "Letter of Approval and complete the project. If any business chooses to accept the grant award they must program items for any reason without limitation for a period receiving the grant money. If any business removes said items for any reason in this (5) must re pay the entire grant award in full with -in (30) thirty d Applicants must receive a "Letter of Approval and Notice to all necessary permits before work may begin. 1 have received the "Business Incentive Program Guidelines". Notice to Proceed" to agree not to remove of (5) five years after five year period they ays of retfioval. Proceed" and secure 1 have received the "Business Incentive Program Administrative Procedure". plicant signature Attachment 1 3.; y 2.4 2 o/y Date Page 3 of 11 All Trade Electrical and Construction, inc. 2609 PoplarView Bend. Elgin, IL 60120 Bill To: Coffe Stand. 501 Miner St Des Plaines IL Proposal Proposal Date: 7/26/2014 Proposal #: 42 Project: Description Total To preform the following work according to the print dated June ,23,2014 by James Metropulos Associates and supply and install the following : All equipment and any necessary water faust and electrical end cords needed will be supplied by others. All permit fees and inspection costs will paid by others. Existing station waiting area will be barracked with 2x4 by 8 foot high plastic walls. 1 -replace front entrance station wall with new plywood painted design. 2 -new front counter and with corian top surface . 3 -new back counter (supplied by others) with corian top surface. 4 -one new dividing wad with tile installed by us (tile and material by others). 5 -install 2-tv menu viewers,and power only for front signage. 6 -new epoxy floor in front and back of space about 350 square feet. 7 -supply all plumbing drains and water stop valves with back flow preventer ,hook up of all plumbing fixtures,as shown on print. 8 -supply electrical power to ad equipment as shown on print. 9 -install new track lighting over front counter (track and fixtures with camps by others) 10 -will install all equipment as shown on print (equipment supplied by others) 11 -supply and install 6 -new can lighting in ceiling service area. 12 -install new drywall on side walls of serving area. 13 -install cameras in new coffee space (equipment supplied by others ) "" no charge on me" total amount : 35,000.00 Total $35,000.00 Attachment 2 Page 4 of 11 COMMERCIAL OONiZ111UCUA rI ina M 1 July 6, 2014 New Coffee Stand Des Plaines Metra Station 1501 Miner Street Des Plaines, IL RBR, Hereby agrees to perform all work and supply all materials as specified below and will follow the detail in the Architectural plans provided by: James Metropulos, ALA Architect, 1901 Palmgren Drive, Glenview, IL 60025 (847) 657-7230. In pages 1 and 2. Dated: June 23, 20:4. All work shall be in substantial conformance with this proposal with no material deviations or changes, unless agreed upon by RBR and the customer. All work to be done according to the codes and ordinances of the City of Des Plaines RBR will provide a Certificate of Insurance RBR to provide the necessary bonds, and licenses required to obtain the building permit. The building permit and permit fee is not part of this bid. The customer is responsible to pay all costs assodated with the permit. The project to be personally supervised by Tom Scanlon with site visits daily as needed. Progress meetings will be held with the John Grammittis, and any other involved staff as needed Any additional work mus: be agreed upon and signed off before it is performed. RBR will supply written change requests if needed All labor carries a (I) one year guarantee New Coffee Stand: General Conditions, Preparation, and Demolition: All work to be done in substantial conformance with architectural plans. Including, but not limited to the clarification of items listed below: Build a temporary partition wall separating the new Coffee Shop and Metra Lobby Break up concrete floor as need for installation of new floor drains Open ceilings as needed for the new electric and plumbing Framing: All work to be done in substantial conformance with architectural plans. Including, but not limited to the clarification of items listed below: • Frame out all new metal stud walls as per the plan Plumbing: All work to be done in substantial conformance with architectural plans. Including, but not limited to the clarification of items listed below: • Furnish labor and matenals to install new hot and cold copper water supplies to all of the new plumbing locations as called out in the plans • New hot water lines are to be tied into the existing hot water heater • Furnish and install new wall and floor drains as called out in the plans • Install new vent lines as needed The vent lines will be connected into the existing roof vent that has been terminated Attachment 2 Page 5 of 11 July 6, 2014 New Coffee Stand Des Plaines Metra Station 1501 Miner Street Des Plaines, IL Electrical: All work to be done in substantial conformance with architectural plans. Including, but not limited to the clarification of items listed below: • Furnish and install new outlets, and switches as per the plan • Run necessary electrical as need to power all of the new custom supplied app:iances • Install necessary electrical for customer supplied low voltage fixtures and signage • Furnish labor to install customer supplied surface mounted light fixtures • No changes to the service are included. All electrical is to be tied into the existing service panel • No phone lines, cable line, TV lines, alarm system, speaker systems, or intercoms are included in this bid Drywall: All work to be done in substantial conformance with architectural plans. Including, but not limited to the clarification of items listed below: • Furnish and install new drywall on the new walls • Patch and repair the existing drywall ceilings as needed • Tape, patch, sand and prime the walls and ceilings making paint ready for others Finish Work: • Patch and finish the sections of the concrete floors that were broken up for the new plumbing • Furnish labor to install customer supplied porcelain tile on the new drywall walls • Furnish and install new baseboards and trims as need • Furnish labor to install the new customer supplied sinks faucets • Finish painting is not part of this bid. Painting to be done by other Finish cabinetry, countertops, display cases, all appliances, i.e. refrigerators, icemakers, etc...or labor nstall any of these items are included in this bid Grinding, polishing, and finishing of the concrete floors are to be done by others and are not part of thi bid • No changes to the interior and exterior doors and windows • Remove the temporary partition wall Clean up all construction debris Total for entire project as stated above $ 35,300 Attachment 2 Page 6 of 11 Page 7 of 11 DYROS Inc. CONSTRUCTION Commercial Industrial New Coffee Stand / Des Plaines Metra Station 1501 Miner Street Des Plaines, IL QUOTE DATE: SUBMITTED BY: EMAIL: July 25, 2014 Ted Fotos Ted@)Dvros.net DESCRIPTION SCOPE OF WORK COST Provide all labor, material, and equipment to perform the following items of work: Build a temporary partition wall separating the new Coffee Shop and Metra Lobby Break up concrete floor as need for installation of new floor drains Open ceilings as needed for the new electric and plumbing Frame out all new metal stud walls as per the plan $5,500.00 Demolition and Framing Furnish labor and materials to install new hot and cold copper water supplies to all of the new plumbing locations as called out in the plans Plumbing New hot water lines are to be tied into the e'dstlng hot water heater Furnish and install new wall and floor drains as called out in the plans Instali new vent lines as needed The vent lines will be connected into the existing roof vent that has been terminated $ 9,850.00 Furnish and install new outlets, and switches as per the plan Run necessary electrical as need to power all of the new custom supplied appliances Install necessary electrical for customer supplied low voltage fixtures and signage Electrical Furnish labor to install customer supplied surface mounted Tight fixtures No changes to the service are induded. All electrical is to be tied into the existing service panel No phone lines, cable line, TV lines, alarm system, speaker systems, or intercoms are induded in this bid $8,275.00 Furnish and install new drywall on the new walls Drywall Patch and repair the existing drywall celings as needed Tape, patch, sand and prime the walls and ceilings making paint ready for others _ $ 4,200.00 Patch and finish the sections of the concrete floors that were broken up for the new plumbing Furnish labor to Install customer supplied porcelain tile on the new drywall walls Furnish and install new baseboards and trims as need Fumish labor to install the new customer supplied sinks faucets Finish painting is not part of this bid. Painting to be done by other Finish Work Rnish cabinetry, countertops, display cases, all appliances, i.e. refrigerators, icemakers, etc...or labor to install any of these items are induded in this bid Grinding, polishing, and finishing of the concrete floors are to be done by others No changes to the interior and exterior doors and windows Remove the temporary partition wall Clean up all construction debris $10,700.00 Total ( $38,525.00 145 Randall Street Elk Grove Village, IL PH 847.593.9797 FAX 847.593.9805 Page 7 of 11 The Local Coffee Tea & Sweets Equipment List 1. True Refrigerator TAC-30GS $4,950.00 2. Custom Glass Donut Display Case $850.00 3. Ipad POS System $1,400.00 4. Espresso Rinser $260.00 5. Nuovo Simonelli Espresso Machine Aurelia Il $10,120.00 6. 2 Mazzer Doser Espresso Grinders $1,550.00 7. 2 Sirman Sirio Mixers $440.00 8. Ice Bin $570.00 9. Hand Sink w/ Splash Guards $100.00 10. Fetco Coffee Brewer CBS -2032e $1,400.00 11. Bunn Coffee Grinder 01 $880.00 12. ZummoJuicer Z14C $6,100.00 13. 2 Samsung 32" TV's $1,300.00 14. 3 Compartment Sink $500.00 15. Manitowoc UD -0240A Neo Ice Machine $1,820.00 16. True Undercounter Refrigerator TUC -27G $1,700.00 17. True Upright Double Door Refrigerator T -49G -LD $4,400.00 18. Ice Coffee Kegerator $660.00 19. Culligan Commercial Purification water system $4,500.00 20. Custom Cabinetry (espresso color) $2,800.00 21. Quartz Custom counter tops (Installed) $3,835.00 22. White Subway tile for back wall (Uninstalled) $465.00 Estimated Total $50,600.00 I'm sure the way things are going this list will grow. This price does NOT include any of the build out. Things that will remain in the shop are numbers. 2,4,8,9,14,19,20,21,22. Plus all the construction. Attachment 3 Page 8 of 11 Attachment 4 — Photos of Proposed Area for Improvement (Metra Train Station) Attachment 4 CITY OF DES PLAINES RESOLUTION R - 168 - 14 A RESOLUTION APPROVING A BUSINESS ASSISTANCE PROGRAM (INTERIOR BUILD -OUT PROGRAM) GRANT FOR 1501 MINER STREET. WHEREAS, the City has appropriated funds for use by the Community and Economic Development Department during the 2014 fiscal year for the disbursement of Business Assistance Program (Interior Build -Out Program) ("Program") grants; and WHEREAS, the Program offers grants to reimburse businesses for 50 percent of the cost of an interior build -out of eligible commercial properties located within the City, up to a total amount of $15,000; and WHEREAS, The Local Tea and Sweets, LLC, d/b/a The Local ("Applicant"), has applied for a Program grant ("Grant") to complete the interior build -out of the commercial property located at 1501 Miner Street within the City ("Subject Property"); and WHEREAS, the estimated cost of the proposed improvements at the Subject Property is $35,000; and WHEREAS, the City desires to approve the Grant in an amount not to exceed $15,000 to reimburse the Applicant for a portion of the cost of the proposed improvements at the Subject Property; and WHEREAS, the City Council has determined that is in the best interest of the City to approve and authorize the Grant in an amount not to exceed $15,000 to reimburse the Applicant for a portion of the cost of the proposed improvements at the Subject Property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DES PLAINES, COOK COUNTY, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as fmdings of the City Council. SECTION 2: APPROVAL OF GRANT. The City Council hereby approves the Grant in an amount not to exceed $15,000 to reimburse the Applicant for a portion of the cost of the proposed improvements at the Subject Property in accordance with Program guidelines. 1 Resolution Page 10 of 11 SECTION 3: AUTHORIZATION OF GRANT. The City Council hereby authorizes and directs the City Manager to take all necessary and appropriate action to reimburse the Applicant in an amount not to exceed $15,000 for a portion of the cost of the proposed improvements at the Subject Property in accordance with Program guidelines. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this _ day of , 2014. APPROVED this _ day of , 2014. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel Legal\Res\2014\DP-Resolution Approving the BAP Application for The Local 1501 Miner St #31988738_v1 2 Resolution Page 11 of 11 CITY Of Si ji N4, ee DES PLAINES ILLINOIS Committee of the Whole Item # 2c City of Des Plaines Community Development Planning & Zoning Division 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5306 Fax: 847-827-2196 MEMORANDUM Date: To: From: Subject: July 30, 2014 Michael G. Bartholomew, MCP, LEED AP, City Manager George Sakas, AICP, Director of Community and Economic Development Scott Mangum, AICP, Senior Planner Consideration of Variance Request, 1784 Forest Avenue (Case #14-040-V) Issue: The petitioner is requesting variations to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow construction of an approximately 1,160 square foot accessory structure including a garage and attached patio cover with a 3' side yard setback, where a maximum of 720 square feet is allowed for a detached accessory structure and a minimum 5' side yard setback is required in the R-1 Zoning District. Analysis: Address: Existing Zoning: PIN: Petitioner: Owner(s): 1784 Forest Avenue R-1, Single Family Residential District 09-21-305-064-0000 Dominika Ostrowski, 1784 Forest Avenue, Des Plaines, IL 60018 Dominika Ostrowski, 1784 Forest Avenue, Des Plaines, IL 60018 In reviewing this variation request, staff has considered the following information: The approximately 16,000 square -foot property has 63 feet of frontage on Forest Avenue. The width of the 265 -foot deep property begins to taper at a point approximately 209 feet from the front property line to a width of 42.6 feet at the rear property line. Overall, the lot size is conforming and exceeds both the minimum lot width (55' would be required ofa new subdivision), and lot size (6,875 square feet would be required of a new subdivision). The property is improved with a one-story brick approximately 1,225 square -foot single-family residence with a side driveway and approximately 360 square -foot (18 -feet by 20 -feet) rear detached two -car garage. The variations requested are to authorize a new 1,160 square foot accessory structure that is larger than the maximum 720 square feet allowed with a 3 -foot setback from the east side property line. The Page 1 of 17 proposed structure would have an interior area of 960 square -feet (24 -feet by 40 -feet) in addition to a 20 -foot by 10 -foot roofed patio area. The proposed building height to the midpoint of the garage roof would be 13.5 feet and 16 -feet to the ridge. The applicant states the need for additional storage space for work equipment and vehicles as reasons for the request. Recommendation: At its July 29, 2014 meeting the Zoning Board of Appeals denied (5-0) the Standard Variation request for a 3 -foot side -yard setback for an accessory structure. At its July 29, 2014 meeting the Zoning Board of Appeals voted (3-2) to recommend that the City Council deny the Major Variation for an oversized accessory structure. Staff recommended that the Zoning Board of Appeals deny the variation requests because the proposed size of the accessory structure is considerably larger than the typical residential accessory structure and the footprint would be similar in size to the primary structure. Additionally, Section 8.8- 7 of the Zoning Ordinance limits the number of vehicles used by a home occupation to not more than one. The existing garage location is in compliance with the minimum side yard setback regulations and the lot width exceeds the minimum required lot width, so there does not appear to be a hardship to justify the setback variation request. Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the City Council has the authority to approve, approve subject to conditions, or disapprove the above-mentioned variance for the size of an accessory structure in R-1 zoning district. Staff requests that this item be placed on the Committee of the Whole agenda at the August 18, 2014 City Council meeting. Attachments: Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: Petitioner's Variance Application Location Map Site and Context Photos Draft Minutes of the July 29, 2014 Zoning Board of Appeals Hearing Letter from Zoning Board of Appeals to the Mayor Exhibits: Exhibit A: Plat of Survey prepared by United Survey Service, LLC, and dated April 29, 2005. Exhibit B: Site Plan submitted by Dominika Ostrowski on June 27, 2014. Exhibit C: Accessory structure elevation submitted by Dominika Ostrowski on July 7, 2014. Page 2 of 17 • DO NOT WRITE IIN�THIS AREA, -/FOR OFFICE USE ONLY CASE NUMBER: - O V - �/ DATE FILED (k 121 1 A— TYPE OF VARIATION: Minor 0 Standard ❑ Major !g Sign 0 Ilcense Agreement ❑ License Agreement for: Lawn Sprinkler ❑ Mailbox ❑ Special Paving ❑ Fee Paid/Receipt Number: Amount: 4 fj0 0 Date: (f 1) f4 Legal Notice Publication Date: , published in the: Journal Topics Scheduled hearing date: � (l q 9.0 at 7:30 P.M. in Room 102, City Hall Action by Zoning Administrator/Zoning Board of Appeals/City Council: A Variation to Sections) of the City of Des Plaines Zoning Ordinance (adopted : 998), is requested in confomtity with the powers vested in the Zoning Administrator/Zoning Board of Appeals/City Council, to permit the Variation on the property legally described as: (See legal description on Plat of Survey supplied by applicant) and commonly known as: 1104 FOREST , Des Plaines, Cook County, Illinois. (Subject property address) Variation being requested: 1(4 x 110 p p1(k1 Li: rlr2_ toh. "ctn.si- i ole. . Applicant(s) Name:301Y11 N 1 K R OTC GJSItignature �l u 1� Telephrn (4} 111- L 11 Fax: ( 841) r9C;1 067— Jo( e, Mailing Address: 1184 FQ E s i #UE 4 SES PLV l N€ S 1L bC01' Property Owner(s) Name: A N 9 RZ,J OSTIZQL 13ignature �V U ,' x J Tele22(.4)phon1 iQ 0 - 6°10 Fax: (847 aC"1 - 6101 Mailing Address: _ c i lU-: 0 r 5AU4.-c l 0 L a L . ] L C� vW2,. 43S !h✓e Is the Contact Person e: Appl icant,`or Owner ❑ 3 - Attachment 1 Page 3 of 17 Address of; roPerty: 1184 FOR.t5f Des Plaines, IL. 600 '8 Property Tax Number: - C9 - - Obq — 0000 (From tax bill or township assessor's office) Applicant's interest in the property: D sole owner ❑ lessee ❑ contract purchaser 0 other (explain):__ _ _ _ _ -- Present Zoning Classification of Property: Current Use of Property: Proposed Use of Property: TRLt4T ,ORMATION Name(s) of Trust Beneficiary (ies)* Address (es) of Trust Beneficiary (ies)* * All applications involving property held by a land trust must be signed by the trust officer of the institution holding the trust as the owner of the property. Additionally, the trust beneficiary and his/her current address must be disclosed on this form. The application must also be accompanied by the following: A certified copy of the trust agreement. c A letter from the trustee certifying that the beneficiary as shown on this application is correct and disclosing any beneficiary changes or lack thereof during the 12 months preceding the filing of this application. IF YOU ARE FILING A LICENSE AGREEMENT, PLEASE PROCEED TO PAGES. -a- Attachment 1 Page 4 of 17 REASONS FOR VARIATION REQUEST Before answering the following questions, read the Notice to Applicants be?ow. Notice to Applicants A Variation is a zoning adjustment, which permits changes of certain zoning requirements where individual properties are unduly burdened by the strict application of the zoning standards. The power to vary is restricted and the degree of variation is limited to the minimum change necessary to overcome hardship of the property. A Variation : ecognizes that the same zoning district requirements do not affect all properties equally; the intention of it is to allow changes to properties where the re is a hardship to enjoy equal opportunities with similarly zoned properties. You must prove in making your case that special circumstances or unusual conditions affect your property. These must result in uncommon hardship and unequal treatment under the strict application of the Zoning Ordinance. Where hardship conditions extend to other properties, a variation cannot be granted. You must prove that the combination of the Zoning Ordinance and the uncommon conditions of your property prevents you from making any reasonable use of your land as permitted under the current zoning district. No variation may be granted which would adversely affect surrounding property or the general neighborhood. All variations must be in harmony with the intent and purpose of the Zoning Ordinance. In order for the Zoning Administrator, staff and Zoning Board of Appeals to understand your reasons for requesting a variation(s) please answer the following questions completely. 1. What would you describe as the hardship(s) that prevent you from being able to carry out the strict letter of the provisions of the Zoning Ordinance? (Explain in l)�-�rUCIC S t Ve,rti Li mi} I sfn'c� pard nq . lspace o pu,f 14, +wo cams) also aII eguprnevi4 Nucied for work . no a Iovroe pi ece of_ Fir)perkt 2. How do the site conditions prevent the reasonable use of your land under the terms of the Zoning Ordinance? (Expain in Detail) 3. To the best of your knowledge, can you affirm that the physical condition of your property was not created by an action of anyone having property interests in the land after the Zoning Ordinance of 1998 was adopted, or as the result of other governmental action, or was created by natural forces: Ye No ❑ If no, please exp' ain in detail. Attachment 1 Page 5 of 17 4. _-::ow would the denial of the variation deprive you from rights ,Lnjoyed by other persons subject to the same provisions? (Explain in Detail) Vent t V ed reed l* ,•, . +lave nuc. -1- l ow9e coca rd . Needsrce h sb•e 'J 1 car, L4Y%4 v 1 (ids s 5. Is the requested variation the minimum measure of relief necessary to alleviate the alleged hardship or difficulty presented by the strict application of the Zoning Ordinance? (Explain in Detail) Yes 6. Will the granting of the variation be in harmony with the neighborhood and the provisions of the Zoning Ordinance from which it is being sought? (Explain in Detail) 'fes - itLj 1p+ doesY1 '4 rtu SI/bars ory ' des hereby certify that all of the above statements and those contained in any papers or plans submitted herewith are true to the best of my knowledge and belief. Furthermore, I consent to the entry in or upon the premises described in the application, by any authorized official of the City of Des Plaines, for the purpose of posting, maintaining, and removing public hearing notices as may be required, as well as conducting site analysis. (Signature of Applicant or Authorized Agent) (Date) (Signature of r wner) (Date) -5- Attachment 1 Page 6 of 17 Attachment 2, Location Map - 1784 Forest Avenue Prepared by Community and Economic Development Department: SM, July 23, 2014 Attachment 2 Page 7of17 ttachment Attachment 3 Page 8 of 17 Case #14-039-V 2600 S. Des Plaines River Road Case #14-040•V 1784 Forest Avenue July 29, 2014 Page 1 DES PLAINES ZONING BOARD MEETING JULY 29, 2014 MINUTES The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Tuesday, July 29, 2014, at 7:30 p.m. in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD PRESENT: Szabo, Saletnik, Hofherr, Schell, Porada ABSENT: Seegers, Catalano ALSO PRESENT: Scott Mangum, Senior Planner, Department of Community & Economic Development Chan Yu, Associate Planner, Department of Community & Economic Development Gale Cerabona, Recording Secretary Acting Chair Szabo called the meeting to order at 7:33 p.m. Acting Chair Szabo read this evening's cases, noting the 14-039-V case is recommended for continuance to the next meeting, August 12, 2014, as additional information is required from the Applicant. A motion was made by Board Member Hofherr, seconded by Board Member Saletnik to continue Case 14- 039-V, 2600 S. Des Plaines River Road to the August 12, 2014 Zoning Board of Appeals meeting. AYES: Hofherr, Saletnik, Schell, Porada, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** APPROVAL OF MINUTES: A motion was made by Board Member Hofherr, seconded by Board Member Schell, to approve the meeting minutes of June 24, 2014. AYES: Hofherr, Schell, Saletnik, Porada, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Attachment 4 Page 9 of 17 Case #14-039-V 2600 S. Des Plaines River Road Case #14-040-V 1784 Forest Avenue July 29, 2014 Page 2 NEW BUSINESS 1. Address: 1784 Forest Avenue Case Number: 14-040-V Petitioner is requesting variations to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow construction of an approximately 1,160 square foot accessory structure including a garage and attached patio cover with a 3' side yard setback, where a maximum of 720 square feet is allowed for a detached accessory structure and a minimum 5' side yard setback is required in the R-1 Zoning District. PIN: 09-21-305-064-0000 Petitioner: Dominika Ostrowski, 1784 Forest Avenue, Des Plaines, IL 60018 Owner: Dominika Ostrowski, 1784 Forest Avenue, Des Plaines, 1L 60018 Acting Chair Szabo swore in Petitioners Dominika & Andy Ostrowski, 1784 Forest Avenue, Des Plaines, IL 60018. Mrs. Ostrowski stated they are trying to build a garage for existing vehicles, one cargo van & two cars, along with work equipment. Mrs. Ostrowski continued that they would like these items housed in the garage rather than outside; need something big enough to accommodate everything including a second cargo van that they intent to purchase. Acting Chair Szabo asked the Board if there are any questions. Board Member Porada asked Staff if there are two variations. Mr. Mangum advised — yes. Board Member Porada then noted to Petitioners that the existing garage is 5 ft. from the property line. He asked, due to the driveway touching the property line, if it is preferable to build the garage closer to the property line & add a fire wall. Mr. Ostrowski advised — the existing 18' by 20' garage is too small to fit two cars. Acting Chair Szabo asked the Board if there are any further questions. Board Member Hofherr asked Petitioners, regarding the location & its inconvenience, if they thought of moving the garage back toward the rear of the lot and maintain the 5 ft. setback instead of 3 ft. Mrs. Ostrowski stated that, based on their plan, they also want a maintain space in the rear yard. Acting Chair Szabo asked the Board if there are any questions. There were none. Acting Chair Szabo asked Mr. Mangum to summarize the staff report. Issue: Petitioner is requesting variations to Section 8.1-3 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow construction of an approximately 1,160 square foot accessory structure including a garage and attached patio cover with a 3' side yard setback, where a maximum of 720 square feet is allowed for a detached accessory structure and a minimum 5' side yard setback is required in the R-1 Zoning District. Analysis: Address 1784 Forest Avenue Existing Zoning R-1, Single Family Residential District Petitioner Dominika Ostrowski, 1784 Forest Avenue, Des Plaines, IL 60018 Attachment 4 Page 10 of 17 Case #14-039-V 2600 S. Des Plaines River Road Case #14-040-V 1784 Forest Avenue July 29, 2014 Page 3 Owner(s): Dominika Ostrowski, 1784 Forest Avenue, Des Plaines, IL 60018 PIN 09-21-305-064-0000 In reviewing this variation request, staff has considered the following information: The approximately 16,000 square -foot property has 63 feet of frontage on Forest Avenue. The width of the 265 -foot deep property begins to taper at a point approximately 209 feet from the front property line to a width of 42.6 feet at the rear property line. Overall, the lot size is conforming and exceeds both the minimum lot width (55' would be required of a new subdivision), and lot size (6,875 square feet would be required of a new subdivision). The property is improved with a one-story brick approximately 1,225 square -foot single- family residence with a side driveway and approximately 360 square -foot (18 -feet by 20 -feet) rear detached two -car garage. The variations requested are to authorize a new 1,160 square foot accessory structure that is larger than the maximum 720 square feet allowed with a 3 -foot setback from the east side property line. The proposed structure would have an interior area of 960 square -feet (24 -feet by 40 -feet) in addition to a 20 -foot by 10 - foot roofed patio area. The proposed building height to the midpoint of the garage roof would be 13.5 feet and 16 -feet to the ridge. The applicant states the need for additional storage space for work equipment and vehicles as reasons for the request. Recommendation: Staff recommends denial of the above -requested variations for the side setback and accessory structure size variations based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The proposed size of the accessory structure is considerably larger than the typical residential accessory structure and the footprint would be similar in size to the primary structure. Additionally, Section 8.8-7 of the Zoning Ordinance limits the number of vehicles used by a home occupation to not more than one. The existing garage location is in compliance with the minimum side yard setback regulations and the lot width exceeds the minimum required lot width, so there does not appear to be a hardship to justify the setback variation request. Zoning Board of Appeals Procedure: Under Section 3.6-7 of the Zoning Ordinance (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or disapprove the above-mentioned variances for size and location of an accessory structure in the R-1 zoning district. The City Council has the final authority on the major variation requests. Acting Chair Szabo asked if anyone in the audience is in favor of or objects. Two individuals raised their hands & came forward: • Scott Beller, 1744 Forest Avenue Acting Chair Szabo swore in the audience member. Mr. Beller stated he has lived in the area for 26 years, & advised the flood plain has risen. He stated that he is not opposed to his neighbors building the garage, but he would like to see it offset as the current paving is not permeable. Mr. Mangum responded — there is not a restriction on Attachment 4 Page 11 of 17 Case #14-039-V 2600 S. Des Plaines River Road Case #14-040-V 1784 Forest Avenue July 29, 2014 Page 4 impervious paving. Mr. Beller stated he would like the City to look into permeable paving requirements. Mrs. Ostrowski stated she is not in the flood zone, & she also gets rain. Mr. Beller identified that more than 1,000 sq. ft. is not permeable, & it affects all neighbors. • Jeff White, 1714 Forest Avenue Acting Chair Szabo swore in the audience member. Mr. White advised he did not view the plan to see if there's compensatory storage. Acting Chair Szabo shared the plan with Mr. White. Board Member Saletnik commented that there are other things than building on the block that promote flooding. He recommends setting the home back to achieve the goal, & noted that permeable surface is an option. He continued that due to the 65 ft. wide lot, a hardship must be provided, advising that perhaps with a better plan these variations wouldn't need to occur. He believes that whatever is done, building of a garage is inconsequential regarding flooding (noting the Army Corps of Engineers is involved). Acting Chair Szabo suggested paving brick as another option. Board Member Hofherr asked Petitioners: • if they have one or two vehicles. Petitioners advised they have three + one. Board Member Hofherr advised that one work vehicle is allowed and others are not allowed on the property. Mr. Mangum concurred stating that one home or business vehicle only is allowed. Mrs. Ostrowski reminded that all of the items are currently outside. • how many years they've lived there. Applicants responded since 2005. Mr. Mangum noted the distance between the home & garage is 38 ft., stating the drawing is not to scale. Acting Chair Szabo asked the Board if there are any further questions or discussion. Staff reminded this is a recommendation to City Council. Board Member Saletnik stated there have been a large number of oversized garages with zero lot -line clearances. He shared with the Applicants that the things against them are: • a 65 -ft. wide lot while others have 50 -ft. wide lots • a home business with two vehicles Acting Chair Szabo suggested a commercial location for the Applicants to park the vehicles. Board Member Porada recommended there be two motions. Board Member Saletnik advised the Applicants that because it's a 65 -ft. wide lot, it is difficult to grant. Attachment 4 Page 12 of 17 Case #14-039-V 2600 S. Des Plaines River Road Case # 14-040-V 1784 Forest Avenue July 29, 2014 Page 5 A motion was made by Board Member Saletnik, seconded by Board Member Hofberr, to deny the side -yard setback variation. AYES: Hofherr, Schell, Saletnik, Porada, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** A motion was made by Board Member Saletnik to approve the oversized garage due to precedence & being in character with the community. Motion failed as there was no second. A motion was made by Board Member Ho&err, seconded by Board Member Schell, to recommend denial of the size of the garage. AYES: Hofherr, Schell, Porada NAYES: Saletnik, Szabo ***MOTION FAILED 3-2*** Acting Chair Szabo stated this will be shared with City Council. OLD BUSINESS There was no Old Business. Mr. Mangum advised that the next meeting will be on August 12, 2014. ADJOURNMENT A motion was made by Board Member Schell, seconded by Board Member Hofherr, to adjourn the meeting at 8:07 p.m. On a voice vote, the motion carried unanimously. Sincerely, Gale Cerabona, Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners Attachment 4 Page 13 of 17 CITY OF ttoi DES PLAINES ILLINOIS July 29, 2014 Mayor Bogusz and Des Plaines City Council CITY OF DES PLAINES City of Des Plaines Community Development Planning & Zoning Division 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5306 Fax: 847-827-2196 Subject: Zoning Board of Appeals, 1784 Forest Avenue, Case # 14-040-V RE: Request to authorize a standard variation for setback of an accessory structure and a major variation for the size of an accessory structure Honorable Mayor and Members of the Des Plaines City Council: The Zoning Board of Appeals met on July 29, 2014 to consider the above petition. The Zoning Board of Appeals submits the following: 1. Mrs. Dominika Ostrowski and Mr. Andrzej Ostrowski, petitioners, presented the pertinent facts. 2. The Community and Economic Development Department recommended denial of the variation requests. 3. Two members of the public spoke with concerns regarding storm water impacts of the proposal. 4. The Zoning Board of Appeals denied (5-0) the Standard Variation request for a 3 -foot side -yard setback for an accessory structure. The Zoning Board of Appeals voted (3-2) to recommend that the City Council deny the Major Variation for the size of an accessory structure. Respectfully submitted, Jim Szabo Des Plaines Zoning Board of Appeals, Acting Chairman cc: City Officials Aldermen Zoning Board of Appeals Commissioners Petitioners Recording Secretary File Attachment 5 Page 14 of 17 It1AR. .V11i11 ',W. tr. II b I .A 1 • CIA CV ',. li ma 12005 - 136201 1 .N1f .al l• UNITED SURVEY SERVICE LLC. CONSTRUCTION ANp9.AND SURVEYORS 9681 ELMS TERRACE DESPLAINES. IL 60016 TEL . 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Page 17 of 17 UNFINISHED BUSINESS p*Y OF tt� DES PLAINES ILLINOIS City of Des Plaines Finance Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5325 Fax: 847-391-5402 MEMORANDUM Date: August 7, 2014 To: Michael Bartholomew, City Manager From: Dorothy Wisniewski, Finance Director Subj: Ordinance M-28-14 As Amended Regarding General Obligation Refunding Bonds, Series 2014 Issue: During the August 4, 2014 City Council Meeting, the City Council approved Ordinance M- 28-14 for the 2014 Series Refunding Bonds. At the August 18, 2014 City Council meeting the Ordinance will be presented as Amended on Second Reading under Unfinished Business. Analysis: The 2014 Series Bond sale will occur the morning of August 18, 2014. All of the bond schedules will be compiled and the Ordinance will be updated with the final numbers. The Ordinance as Amended will be presented and handed out to the City Council during the meeting. Recommendation: I recommend that the City Council approve Ordinance M-28-14 As Amended on August 18, 2014 and approve the final version of the Ordinance. Attachments: August 4, 2014 City Council Agenda Packet CITY OF It 15 k DES PLAINES ILLINOIS City of Des Plaines Finance Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5300 Fax: 847-391-5402 MEMORANDUM Date: July 22, 2014 To: Michael G. Bartholomew, City Manager From: Dorothy Wisniewski, Director of Finance Subj: Issuance of 2014 General Obligation Refunding Bonds and Providing for the Redemption of the Outstanding Bonds Issue: For the City Council to authorize the reduction of the City's outstanding debt burden through early payoff and refunding of the following outstanding General Obligation (G.O.) Bonds: • Refund and redeem $1.94M of the Taxable G.O. Bonds, Series 2003C (TIF #6) • Refund and redeem $2.67M of the G.O. Bonds, Series 2005A (TIF #3) • Refund and redeem $2.855M of the G.O. Bonds, Series 2005D (Library Portion) • Redeem (Early Pay -Off) $3.15M of the G.O. Bonds, Series 2005D (Sewer Portion) Analysis: Interest rates continue to be at record low levels creating a favorable opportunity for the City to use bond refinancing as a debt management tool. Utilizing such action will provide interest cost savings, reduce the outstanding debt and ease the burden of annual debt service payments for the City. Table 1 below summarizes the outstanding balances after December 1, 2013 payments as well as the funding sources and maturity dates. The last column in the table provides the recommended course of action. Table 1 Bond Funding Principal Amount Maturity Proposed Issue Source Purpose Outstanding Date Action 2003C TIF #6 Redevelopment Project Costs 1,940,000 12/1/2021 Refund 2005A TIF #3 Redevelopment Project Costs 2,670,000 12/1/2022 Refund 2005D CIP - Library Finance of the Library Building 2,855,000 12/1/2018 Refund 2005D CIP - Capital Wastewater Management Projects 3,150,000 12/1/2018 Early Pay -Off Total Outstanding Amount 10,615,000 Benchmarks: When evaluating the pertinence of the debt refunding, the following three key benchmarks must be taken into consideration in making a decision: Page 1 of 35 • Net present value (NPV) savings (net of all issuance costs and any cash contribution to the refunding) should be at least 3-5 percent of the refinanced bonds. • Present value savings must exceed twice the costs of the issue. • There should be no extensions to existing maturity dates. Refunding: As noted in Table 1 above and Table 2 below, the 2003C, 2005A and 2005D Series of Bonds are callable and therefore can be refunded for interest rate savings. Table 2 below summarizes the outstanding principal balances of the bonds earmarked for 2014 refunding as well as funding sources, maturity dates and estimated savings. Table 2 Bond Issue 2003C 2005A 2005D Total Funding Source TIF #6 TIF #3 CIP - Library Principal Amount Outstanding 1,940,000 2,670,000 2,855,000 Maturity Date 12/1/2021 12/1/2022 12/1/2018 Proposed Estimated Bond Savings % of NPV Series 163,000 8.40% 2014A 273,000 10.20% 2014B 185,000 6.50% 2014B 7,465,000 621,000 The remaining $1.94M of Taxable G.O. Bonds, Series 2003C were issued to finance redevelopment project costs in TIF #6. The outstanding principal balance will be refunded with $2.03M Taxable G.O. Refunding Bonds, Series 2014A and the original maturity date of December 1, 2021. This refunding will result in estimated savings of $163K or 8.4% of the refunded principal. The callable $2.67M of G.O. Bonds, Series 2005A were issued to finance redevelopment project costs in TIF #3. The callable $2.855M of G.O. Bonds, Series 2005D were issued to refund bonds issued in 1998 to finance the Des Plaines Public Library. The new $5.77M G.O. Refunding Bonds, Series 2014B with the original maturity dates of December 1, 2022 and December 1, 2018 will result in an estimated savings of $458K or 10.2% and 6.5% respectively of the refunded principal. The 2014 refunding will satisfy all three key benchmarks outlined above: • NPV savings is projected to be at an average of 8.4% of the refinanced bonds — above the 3% to 5% recommended amount. • Present value savings are estimated at $621K — well above the recommended two times the cost of issuance ($92K) amount. • The current maturity date will remain unchanged. Redemption (Early Pay-off): The callable $3.15M G.O. Bonds, Series 2005D (Sewer Portion) were issued to refund 1998 bonds issued to finance wastewater management projects with the maturity date of December 1, 2018. By calling these bonds early and paying them off, the City will save approximately $468K in interest payments. The total amount needed to pay off this debt on September 4, 2014 is estimated at $3.22M and would be funded by a transfer from the General Fund to the Capital Projects fund. Paying this debt early will alleviate approximately $880K in expenditures within the Capital Projects fund to utilize towards future capital improvements on an annual basis. Page 2 of 35 Table 3 Bond Funding Principal Amount Maturity Estimated Issue Source Outstanding Date Savings 2005D CIP 3,150,000 12/1/2018 468,000 Total 3,150,000 An Ordinance to refund the remaining Taxable G.O. Bonds, Series 2003C ('1'lr#6), and the remaining G.O. Bonds, Series 2005A (TIF #3) and Series 2005D (Library Portion) will be presented to the City Council at the August 4, 2014 meeting for the issuance of General Obligation Refunding Bonds, Series 2014A and Series 2014B. The total savings generated from the refunding and the early pay-off is $1.1M. Recommendation: I recommend that the City Council approve the attached Ordinance authorizing the issuance of General Obligation Refunding Bonds, Series 2014A and Series 2014B and providing for the redemption of outstanding G.O. Bonds, Series 2005D (Sewer Portion). Attachments: Ordinance M-28-14: Authorizing the issuance of General Obligation Refunding Bonds of 2014 of the City of Des Plaines, IL and providing for redemption of outstanding bonds of the City. Page 3 of 35 CITY OF DES PLAINES ORDINANCE M - 28 - 14 ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS OF 2014 OF THE CITY OF DES PLAINES, ILLINOIS AND PROVIDING FOR THE REDEMPTION OF OUTSTANDING BONDS OF THE CITY Adopted by the City Council on August 18, 2014 Published in Pamphlet Form by the authority of the City Council on August 19, 2014. Page 4 of 35 CITY OF DES PLAINES ORDINANCE M - 28 - 14 ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS OF 2014 OF THE CITY OF DES PLAINES, ILLINOIS AND PROVIDING FOR THE REDEMPTION OF OUTSTANDING BONDS OF THE CITY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AS FOLLOWS: Section 1. Authority and Purposes. This ordinance is adopted pursuant to Section 6 of Article VII of the Illinois Constitution of 1970 for the purpose of authorizing general obligation bonds of the City (the "2014 Bonds") for the refunding and redemption of (A) the $1,940,000 outstanding principal amount of the Taxable General Obligation Bonds, Series 2003C, of the City (the "TIF 2003C Bonds") and (B) $2,670,000 outstanding principal amount of General Obligation Bonds, Series 2005A, of the City consisting of the principal installments for the years 2017 to 2022, both inclusive (the "TIF 2005A Bonds") and (C) $2,855,000 outstanding principal amount of the General Obligation Refunding Bonds, Series 2005D, of the City constituting a portion of the bonds of such Series maturing in the years 2015 to 2018, both inclusive (the "Library 2005D Bonds" and together with the TIF 2003C Bonds and the TIF 2005A Bonds, the "Prior Bonds") and for the purpose of appropriating funds for the redemption of $3,150,000 outstanding principal amount of the General Obligation Refunding Bonds, Series 2005D, of the City constituting a portion of the bonds of such Series maturing in the years 2015 to 2018, both inclusive (the "Sewer 2005D Bonds"). The TIF 2003C Bonds were issued for the purpose of financing Redevelopment Project Costs as defined in the Tax Increment Allocation Redevelopment Act, 65 Illinois Page 5 of 35 Compiled Statutes 5/11-74.4 (the "Redevelopment Act") and included in the redevelopment plan heretofore adopted by the City with respect to a tax increment redevelopment project area heretofore established by the City pursuant to the Redevelopment Act and designated as "TIF Redevelopment Project Area No. 6." The TIF 2005A Bonds were issued for the purpose of financing Redevelopment Project Costs included in the redevelopment plan heretofore adopted by the City with respect to a tax increment redevelopment project area heretofore established by the City pursuant to the Redevelopment Act and designated as "TIF Redevelopment Project Area No. 3." The Library 2005D Bonds were issued to refund bonds issued in 1998 to finance the Des Plaines Public Library and the Sewer 2005D Bonds were issued to refund bonds issued in 1998 to finance wastewater management projects. The 2014 Bonds shall be issued as two separate series: the Taxable General Obligation Refunding Bonds, Series 2014A (the "2014A Bonds") authorized pursuant to Section 4 of this ordinance and the General Obligation Refunding Bonds, Series 2014B (the "2014B Bonds") authorized pursuant to Section 5 of this ordinance. Section 2. Payment and Refunding Plan. The City hereby elects to redeem the Prior Bonds and the Sewer 2005D Bonds at the redemption price equal to the principal amount thereof to be redeemed together with interest thereon to the date fixed for redemption. The redemption date for the TIF 2003C Bonds shall be October 7, 2014. The redemption date for the TIF 2005A Bonds, the Library 2005D Bonds and the Sewer 2005D Bonds shall be December 1, 2014. -2- Page 6 of 35 The Mayor, the Director of Finance and the other officers of the City are authorized and directed to do, or cause to be done, all things necessary to accomplish the payment and refunding plan as set forth in this Section. Section 3. $ Appropriations and Bond Maturity Allocations. (A) The sum of is appropriated for and allocated to the refunding of the $1,940,000 outstanding principal amount of the TIF 2003C Bonds allocated to the payment of Redevelopment Project Costs of TIF Redevelopment Project Area No. 6. Such appropriation shall be funded by the issuance of the 2014A Bonds. (B) The sum of $ is appropriated for and allocated to the refunding of the $ outstanding principal amount of the TIF 2005A Bonds allocated to the payment of Redevelopment Project Costs of TIF Redevelopment Project Area No. 3. Such appropriation shall be funded by the issuance of $ principal amount of the 2014B Bonds maturing in the following years and in the following principal amounts: Year Principal Amount 2014 2015 2016 2017 2018 2019 2020 2021 2022 $ ,000 ,000 ,000 ,000 ,000 ,000 ,000 ,000 ,000 (C) The sum of $ is appropriated for and allocated to the refunding of the $ outstanding principal amount of the Library 2005D Bonds allocated to the financing of the Des Plaines Public Library. Such appropriation -3- Page 7 of 35 shall be funded by the issuance of $ ,000 principal amount of the 2014B Bonds maturing in the following years and in the following principal amounts: Year Principal Amount 2014 $ ,000 2015 ,000 2016 ,000 2017 ,000 2018 ,000 (D) The sum of $ (the "Appropriation Amount") is appropriated to the funding of the redemption price and associated costs of the redemption of the Sewer 2005D Bonds. Such appropriation shall be funded from available general funds of the City. (E) The 2014A Bonds designated in paragraph (A) of this Section constitute obligations issued pursuant to the Redevelopment Act and payable from the moneys in the Special Tax Allocation Fund established by the City with respect to TIF Redevelopment Project Area No. 6. The 2014B Bonds designated in paragraph (B) of this Section constitute obligations issued pursuant to the Redevelopment Act and payable from the moneys in the Special Tax Allocation Fund established by the City with respect to TIF Redevelopment Project Area No. 3. Section 4. Authorization and Terms of 2014A Bonds. For the purpose of financing the appropriation made pursuant to paragraph (A) of Section 3 of this ordinance, and pursuant to the home rule powers of the City to incur debt payable from ad valorem property tax receipts, unlimited tax general obligation bonds of the City are authorized to be issued and sold in an aggregate principal amount of $ ,000, and shall be designated "Taxable General Obligation Refunding Bonds, Series 2014A" (the -4- Page 8 of 35 "2014A Bonds"). The 2014A Bonds shall be issuable in the denominations of $5,000 or any integral multiple thereof and may bear such identifying numbers or letters as shall be useful to facilitate the registration, transfer and exchange of 2014A Bonds. Unless otherwise determined in the order to authenticate the 2014A Bonds, each 2014A Bond delivered upon the original issuance of the 2014A Bonds shall be dated as of its date of original issuance. Each 2014A Bond thereafter issued upon any transfer, exchange or replacement of 2014A Bonds shall be dated so that no gain or Toss of interest shall result from such transfer, exchange or replacement. The 2014A Bonds shall mature (without option of prior redemption) on December 1 in each year shown in the following table in the respective principal amount set forth opposite each such year and the 2014A Bonds maturing in each such year shall bear interest at the respective rate per annum set forth opposite such year: Year Principal Amount Interest Rate 2014 $ ,000 . % 2015 ,000 2016 ,000 2017 ,000 2018 ,000 2019 ,000 2020 ,000 2021 ,000 Each 2014A Bond shall bear interest from its date, computed on the basis of a 360 day year consisting of twelve 30 day months and payable in lawful money of the United States of America on December 1, 2014 and semiannually thereafter on each June 1 and December 1 at the rates per annum herein determined. Section 5. Authorization and Terms of 2014B Bonds. For the purpose of financing the appropriations made pursuant to paragraph (B) and paragraph (C) of -5- Page 9 of 35 Section 3 of this ordinance, and pursuant to the home rule powers of the City to incur debt payable from ad valorem property tax receipts, unlimited tax general obligation bonds of the City are authorized to be issued and sold in an aggregate principal amount of $ ,000, and shall be designated "General Obligation Refunding Bonds, Series 2014B" (the "2014B Bonds"). The 2014B Bonds shall be issuable in the denominations of $5,000 or any integral multiple thereof and may bear such identifying numbers or letters as shall be useful to facilitate the registration, transfer and exchange of 2014B Bonds. Unless otherwise determined in the order to authenticate the 2014B Bonds, each 2014B Bond delivered upon the original issuance of the 2014B Bonds shall be dated as of its date of original issuance. Each 2014B Bond thereafter issued upon any transfer, exchange or replacement of 2014B Bonds shall be dated so that no gain or loss of interest shall result from such transfer, exchange or replacement. The 2014B Bonds shall mature (without option of prior redemption) on December 1 in each year shown in the following table in the respective principal amount set forth opposite each such year and the 2014B Bonds maturing in each such year shall bear interest at the respective rate per annum set forth opposite such year: Year Principal Amount Interest Rate 2014 $ ,000 2015 ,000 2016 ,000 2017 ,000 2018 ,000 2019 ,000 2020 ,000 2021 ,000 2022 ,000 -6- Page 10 of 35 Each 2014B Bond shall bear interest from its date, computed on the basis of a 360 day year consisting of twelve 30 day months and payable in lawful money of the United States of America on December 1, 2014 and semiannually thereafter on each June 1 and December 1 at the rates per annum herein determined. Section 6. Payment Provisions. The principal of the 2014 Bonds shall be payable in lawful money of the United States of America upon presentation and surrender thereof at the principal corporate trust office of Amalgamated Bank of Chicago, in the City of Chicago, Illinois, which is hereby appointed as bond registrar and paying agent for the 2014 Bonds. Interest on the 2014 Bonds shall be payable on each interest payment date to the registered owners of record thereof appearing on the registration books maintained by the City for such purpose at the principal corporate trust office of the bond registrar, as of the close of business on the 15th day of the calendar month next preceding the applicable interest payment date. Interest on the 2014 Bonds shall be paid by check or draft mailed to such registered owners at their addresses appearing on the registration books or by wire transfer pursuant to an agreement by and between the City and the registered owner. Section 7. Sale and Delivery. The 2014A Bonds are hereby sold to , as purchaser, at a price of $ and accrued interest from their date to the date of delivery and payment therefor. The 2014B Bonds are hereby sold to , as purchaser, at a price of $ and accrued interest from their date to the date of delivery and payment therefor. The Official Statement prepared with respect to the 2014 Bonds is approved and "deemed final" as of its date for purposes of Securities and -7- Page 11 of 35 Exchange Commission Rule 15c2-12 promulgated under the Securities Exchange Act of 1934. The Mayor, City Clerk and other officials of the City are authorized and directed to do and perform, or cause to be done or performed for or on behalf of the City each and every thing necessary for the issuance of the 2014 Bonds, including the proper execution and delivery of the 2014 Bonds and the Official Statement. Section 8. Execution and Authentication. Each 2014 Bond shall be executed in the name of the City by the manual or authorized facsimile signature of its Mayor and the corporate seal of the City, or a facsimile thereof, shall be thereunto affixed or otherwise reproduced thereon and attested by the manual or authorized facsimile signature of its City Clerk. In case any officer whose signature, or a facsimile of whose signature, shall appear on any 2014 Bond shall cease to hold such office before the issuance of the 2014 Bond, such 2014 Bond shall nevertheless be valid and sufficient for all purposes, the same as if the person whose signature, or a facsimile thereof, appears on such 2014 Bond had not ceased to hold such office. Any 2014 Bond may be signed, sealed or attested on behalf of the City by any person who, on the date of such act, shall hold the proper office, notwithstanding that at the date of such 2014 Bond such person may not have held such office. No recourse shall be had for the payment of any 2014 Bonds against any officer who executes the 2014 Bonds. Each 2014 Bond shall bear thereon a certificate of authentication executed manually by the bond registrar. No 2014 Bond shall be entitled to any right or benefit -8- Page 12 of 35 under this ordinance or shall be valid or obligatory for any purpose until such certificate of authentication shall have been duly executed by the bond registrar. Section 9. Transfer, Exchange and Registry. The 2014 Bonds shall be negotiable, subject to the provisions for registration of transfer contained herein. Each 2014 Bond shall be transferable only upon the registration books maintained by the City for that purpose at the principal corporate trust office of the bond registrar, by the registered owner thereof in person or by his attorney duly authorized in writing, upon surrender thereof together with a written instrument of transfer satisfactory to the bond registrar and duly executed by the registered owner or his duly authorized attorney. Upon the surrender for transfer of any such 2014 Bond, the City shall execute and the bond registrar shall authenticate and deliver a new 2014 Bond or 2014 Bonds registered in the name of the transferee, of the same series, aggregate principal amount, maturity and interest rate as the surrendered bond. 2014 Bonds, upon surrender thereof at the principal corporate trust office of the bond registrar, with a written instrument satisfactory to the bond registrar, duly executed by the registered owner or his attorney duly authorized in writing, may be exchanged for an equal aggregate principal amount of 2014 Bonds of the same series, maturity and interest rate and of the denominations of $5,000 or any integral multiple thereof. For every such exchange or registration of transfer of 2014 Bonds, the City or the bond registrar may make a charge sufficient for the reimbursement of any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such -9- Page 13 of 35 exchange or transfer. No other charge shall be made for the privilege of making such transfer or exchange. The provisions of the Illinois Bond Replacement Act shall govem the replacement of lost, destroyed or defaced 2014 Bonds. The City and the bond registrar may deem and treat the person in whose name any 2014 Bond shall be registered upon the registration books as the absolute owner of such 2014 Bond, whether such 2014 Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of or interest thereon and for all other purposes whatsoever, and all such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such 2014 Bond to the extent of the sum or sums so paid, and neither the City nor the bond registrar shall be affected by any notice to the contrary. Section 10. General Obligations. The full faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on the 2014 Bonds. The 2014 Bonds shall be direct and general obligations of the City, and the City shall be obligated to levy ad valorem taxes upon all the taxable property in the City for the payment of the 2014 Bonds and the interest thereon, without limitation as to rate or amount. Section 11. Form of Bonds. Each series of the 2014 Bonds shall be issued as fully registered bonds and shall be in substantially the following form, the blanks to be appropriately completed when the 2014 Bonds are printed: -10- Page 14 of 35 No. United States of America State of Illinois County of Cook CITY OF DES PLAINES [TAXABLE] GENERAL OBLIGATION REFUNDING BOND, SERIES [2014A] [2014B] INTEREST RATE MATURITY DATE DATED DATE CUSIP . % December 1, , 2014 250217 REGISTERED OWNER: Cede & Co. PRINCIPAL AMOUNT: The CITY OF DES PLAINES, a municipal corporation and a home rule unit of the State of Illinois situate in the County of Cook, acknowledges itself indebted and for value received hereby promises to pay to the registered owner of this bond, or registered assigns, the principal amount specified above on the maturity date specified above, and to pay interest on such principal amount from the date hereof at the interest rate per annum specified above, computed on the basis of a 360 day year consisting of twelve 30 day months and payable in lawful money of the United States of America on December 1, 2014 and semiannually thereafter on June 1 and December 1 in each year until the principal amount shall have been paid, to the registered owner of record hereof as of the 15th day of the calendar month next preceding such interest payment date, by wire transfer pursuant to an agreement by and between the City and the registered owner, or otherwise by check or draft mailed to the registered owner at the address of such owner appearing on the registration books maintained by the City for such purpose -11- Page 15 of 35 at the principal corporate trust office of Amalgamated Bank of Chicago, in the City of Chicago, Illinois, as bond registrar or its successor (the "Bond Registrar"). This bond, as to principal when due, will be payable in lawful money of the United States of America upon presentation and surrender of this bond at the principal corporate trust office of the Bond Registrar. The full faith and credit of the City are irrevocably pledged for the punctual payment of the principal of and interest on this bond according to its terms. This bond is one of a series of bonds issued in the aggregate principal amount of $ ,000, which are authorized and issued under and pursuant to Section 6 of Article VII of the Illinois Constitution of 1970 and under and in accordance with an ordinance adopted by the City Council of the City on August 18, 2014 and entitled: "Ordinance Authorizing the Issuance of General Obligation Refunding Bonds of 2014 of the City of Des Plaines, Illinois and Providing for the Redemption of Outstanding Bonds of the City." This bond is issued in part in accordance with the provisions of the Tax Increment Allocation Redevelopment Act, 65 Illinois Compiled Statutes 5/11-74.4, and for the purpose of refunding bonds issued for the purpose of financing redevelopment project costs. This bond is transferable only upon such registration books by the registered owner hereof in person, or by his attorney duly authorized in writing, upon surrender hereof at the principal corporate trust office of the Bond Registrar together with a written instrument of transfer satisfactory to the Bond Registrar duly executed by the registered owner or by his duly authorized attorney, and thereupon a new registered bond or bonds, in the authorized denominations of $5,000 or any integral multiple thereof and of -12- Page 16 of 35 the same aggregate principal amount, maturity and interest rate as this bond shall be issued to the transferee in exchange therefor. In like manner, this bond may be exchanged for an equal aggregate principal amount of bonds of the same maturity and interest rate and of any of such authorized denominations. The City or the Bond Registrar may make a charge sufficient for the reimbursement of any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange of this bond. No other charge shall be made for the privilege of making such transfer or exchange. The City and the Bond Registrar may treat and consider the person in whose name this bond is registered as the absolute owner hereof for the purpose of receiving payment of, or on account of, the principal and interest due hereon and for all other purposes whatsoever. This bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been duly executed by the Bond Registrar. It is hereby certified, recited and declared that all acts, conditions and things required to be done, exist and be performed precedent to and in the issuance of this bond in order to make it a legal, valid and binding obligation of the City have been done, exist and have been performed in regular and due time, form and manner as required by law, and that the series of bonds of which this bond is one, together with all other indebtedness of the City, is within every debt or other limit prescribed by law. -13- Page 17 of 35 IN WITNESS WHEREOF, the City of Des Plaines has caused this bond to be executed in its name and on its behalf by the manual or facsimile signature of its Mayor, and its corporate seal, or a facsimile thereof, to be hereunto affixed or otherwise reproduced hereon and attested by the manual or facsimile signature of its City Clerk. Dated: , 2014 CERTIFICATE OF AUTHENTICATION This bond is one of the [Taxable] General Obligation Refunding Bonds, Series [2014A] [2014B], described in the within mentioned Ordinance. AMALGAMATED BANK OF CHICAGO, as Bond Registrar By Authorized Signer -14- CITY OF DES PLAINES Mayor Attest: City Clerk Page 18 of 35 ASSIGNMENT For value received the undersigned sells, assigns and transfers unto the within bond and hereby irrevocably constitutes and appoints attorney to transfer the said bond on the books kept for registration thereof, with full power of substitution in the premises. Dated Signature Guarantee: -15- Page 19 of 35 Section 12. Levy and Extension of Taxes. (A) For the purpose of providing the money required to pay the interest on the 2014 Bonds when and as the same falls due and to pay and discharge the principal thereof as the same shall mature or become due, there is hereby levied upon all the taxable property in the City, in each year while any of the 2014 Bonds shall be outstanding, a direct annual tax sufficient for that purpose in addition to all other taxes, as follows: Tax Levy Year 2014 2015 2016 2017 2018 2019 2020 2021 A Tax Sufficient to Produce (B) Interest or principal coming due at any time when there shall be insufficient funds on hand from the taxes herein levied to pay the same shall be paid promptly when due from current funds on hand in advance of the collection of the taxes herein levied; and when said taxes shall have been collected, reimbursement shall be made to the said funds in any amounts thus advanced. (C) As soon as this ordinance becomes effective, a copy thereof certified by the City Clerk, which certificate shall recite that this ordinance has been duly adopted, shall be filed with the County Clerk of Cook County, Illinois, who is hereby directed to ascertain the rate per cent required to produce the aggregate tax hereinbefore provided to be levied in the years 2014 to 2021, inclusive, and to extend the same for collection on the tax books in connection with other taxes levied in said years, in and by the City for general corporate purposes of the City, and in said years such annual tax shall be -16- Page 20 of 35 levied and collected in like manner as taxes for general corporate purposes for said years are levied and collected and, when collected, such taxes shall be used for the purpose of paying the principal of and interest on the 2014 Bonds as the same become due and payable. Section 13. Tax Allocation Funds. Each Tax Allocation Fund (each a "Tax Allocation Fund") heretofore established by the City with respect to the two redevelopment project areas described in Section 1 of this ordinance shall be maintained and administered by the City in accordance with the provisions of the Redevelopment Act. Moneys held in a Tax Allocation Fund and the taxes and other moneys to be deposited therein pursuant to the Redevelopment Act are hereby pledged for the payment of Redevelopment Project Costs of the related redevelopment project and as security for the payment of the particular 2014 Bonds allocated to such redevelopment project area pursuant to Section 3 of this ordinance. Each such pledge is subject to the limitation that moneys not required, pledged, earmarked or otherwise designated for the payment and securing of obligations and anticipated redevelopment project costs shall be calculated annually and designated as "surplus" funds in accordance with Section 11-74.4-7 of the Redevelopment Act. Nothing herein contained shall restrict the power of the City to pledge such moneys and taxes for the benefit and security of the holders of additional bonds issued pursuant to the Redevelopment Act; to subordinate existing pledges of such moneys or to alter the use and distribution of moneys in the Tax Allocation Fund to the extent such alteration shall be made in furtherance of the purposes of the Redevelopment Act and the applicable Redevelopment Plan. Moneys -17- Page 21 of 35 held in any Tax Allocation Fund that are to be used for the payment of the principal of and interest on the 2014 Bonds allocated to such redevelopment project area pursuant to Section 3 of this ordinance may be deposited in the 2014 Debt Service Fund established by this ordinance and upon such deposit such moneys shall be used solely for the payment of such principal and interest. Section 14. Taxes Levied for Payment of Prior Bonds. After the issuance of the 2014 Bonds, the Director of Finance of the City shall file with the County Clerk of Cook County, a certificate listing the Prior Bonds and the taxes theretofore levied for the payment of the principal of and interest on the Prior Bonds payable after December 1, 2014 and said certificate shall direct the abatement of such taxes. Any taxes collected by the City with respect to Prior Bonds from the 2013 tax levy year or earlier tax levy years shall be deposited into the 2014 Debt Service Fund. Section 15. Escrow Deposit Agreement. The form of 2014 Escrow Deposit Agreement, dated as of August 1, 2014, by and between the City and Amalgamated Bank of Chicago, in the City of Chicago, Illinois, as Escrow Agent, on file in the office of the City Clerk and presented at this meeting, is hereby approved. The proper officers of the City are authorized and directed to execute and deliver the 2014 Escrow Deposit Agreement on behalf of the City. Section 16. Application of Appropriation Amount and Bond Proceeds. (A) The Appropriation Amount (to the extent required) shall be deposited into the 2014 Escrow Fund maintained under the 2014 Escrow Deposit Agreement and applied to pay the interest on and redemption price of the Sewer 2005D Bonds. -18- Page 22 of 35 (B) The proceeds of sale of the 2014A Bonds shall be deposited as follows: 1. To the Taxable Account of the 2014 Escrow Fund, the amount necessary to provide for the payment of the interest on and redemption price of the TIF 2003 Bonds. 2. To the 2014 Expense Fund established by this ordinance, the amount of such proceeds of sale remaining after the foregoing deposit. (C) The proceeds of sale of the 2014B Bonds shall be deposited as follows: 1. To the Tax Exempt Account of the 2014 Escrow Fund, the amount necessary to provide for the payment of the interest on and redemption price of the TIF 2005A Bonds and the Library 2005D Bonds. 2. To the 2014 Expense Fund, the amount of such proceeds of sale remaining after making the foregoing deposit. Section 17. Debt Service Fund. The "2014 Debt Service Fund" is hereby established as a special fund of the City. Moneys derived from taxes levied pursuant to paragraph (A) of Section 12 of this ordinance (the "Tax Receipts") are appropriated and set aside for the purpose of paying principal of and interest on the 2014 Bonds when and as the same come due. All of such moneys, and all other moneys to be used for the payment of the principal of and interest on the 2014 Bonds, shall be deposited in the 2014 Debt Service Fund, which shall be administered as a bona fide debt service fund under the Internal Revenue Code of 1986. On or prior to the date of issuance of the 2014 Bonds, the City shall deposit into the 2014 Debt Service Fund an amount sufficient to provide for the punctual payment of -19- Page 23 of 35 the principal of and interest on the 2014 Bonds that will be due and payable on December 1, 2014. The Tax Receipts and the moneys deposited or to be deposited into the 2014 Debt Service Fund, are pledged as security for the payment of the principal of and interest on the 2014 Bonds. This pledge is made pursuant to Section 13 of the Local Government Debt Reform Act and shall be valid and binding from the date of issuance of the 2014 Bonds. All Tax Receipts and the moneys held in the 2014 Debt Service Fund shall immediately be subject to the lien of the pledge without any physical delivery or further act and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the City irrespective of whether such parties have notice thereof. Section 18. Expense Fund. The "2014 Expense Fund", is hereby established as a special fund of the City. Moneys in the 2014 Expense Fund shall be used for the payment of costs of issuance of the 2014 Bonds, but may hereafter be reappropriated and used for other purposes if such reappropriation is permitted under Illinois law and will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the 2014B Bonds. Section 19. Investment Regulations. No investment shall be made of any moneys in the 2014 Escrow Fund, the 2014 Debt Service Fund or the 2014 Expense Fund except in accordance with the tax covenants set forth in Section 20 of this ordinance. All income derived from any investments in respect of moneys or securities in any Fund maintained under this ordinance shall be credited in each case to the Fund in which such moneys or securities are held. -20- Page 24 of 35 Any moneys in any Fund may be invested in United States Treasury Securities, State and Local Government Series, pursuant to the regulations of the United States Treasury Department, Bureau of Public Debt. The Director of Finance and agents designated by her are hereby authorized to submit, on behalf of the City, subscriptions for such United States Treasury Securities and to request redemption of such United States Treasury Securities. Section 20. Tax Covenants. The City shall not take, or omit to take, any action lawful and within its power to take, which action or omission would cause interest on any 2014B Bond to become subject to federal income taxes in addition to federal income taxes to which interest on such 2014B Bond is subject on the date of original issuance thereof. The City shall not permit any of the proceeds of the 2014B Bonds, or any facilities financed with such proceeds, to be used in any manner that would cause any 2014B Bond to constitute a "private activity bond" within the meaning of Section 141 of the Internal Revenue Code of 1986. The City shall not permit any of the proceeds of the 2014B Bonds or other moneys to be invested in any manner that would cause any 2014B Bond to constitute an "arbitrage bond" within the meaning of Section 148 of the Internal Revenue Code of 1986 or a "hedge bond" within the meaning of Section 149(g) of the Internal Revenue Code of 1986. The City shall comply with the provisions of Section 148(f) of the Internal Revenue Code of 1986 relating to the rebate of certain investment earnings at periodic intervals to the United States of America. -21- Page 25 of 35 Section 21. Bank Qualified Designation. The City hereby designates the 2014B Bonds as "qualified tax-exempt obligations" as defined in Section 265(b)(3)(B) of the Internal Revenue Code of 1986. The City represents that the reasonably anticipated amount of tax-exempt obligations that are required to be taken into account for the purpose of Section 265(b)(3)(C) of the Code and will be issued by or on behalf of the City and all subordinate entities of the City during 2014 does not exceed $10,000,000. The City covenants that it will not designate and issue more than $10,000,000 aggregate principal amount of tax-exempt obligations in the year in which the 2014B Bonds are issued. For purposes of the two preceding sentences, the term "tax-exempt obligations" includes "qualified 501(c)(3) bonds" (as defined in the Section 145 of the Internal Revenue Code of 1986) but does not include other "private activity bonds" (as defined in Section 141 of the Internal Revenue Code of 1986). Section 22. Continuing Disclosure. For the benefit of the beneficial owners of the 2014 Bonds, the City covenants and agrees to provide to the Municipal Securities Rulemaking Board (the "MSRB") for disclosure on the Electronic Municipal Market Access ("EMMA") system, in an electronic format as prescribed by the MSRB, (i) an annual report containing certain financial information and operating data relating to the City and (ii) timely notices of the occurrence of certain enumerated events. All documents provided to the MSRB shall be accompanied by identifying information as prescribed by the MSRB. The annual report shall be provided to the MSRB for disclosure on EMMA within 210 days after the close of the City's fiscal year. The information to be contained in the annual report shall consist of the annual audited financial statement of the City and such -22- Page 26 of 35 additional information as noted in the Official Statement under the caption "Continuing Disclosure." Each annual audited financial statement will conform to generally accepted accounting principles applicable to governmental units and will be prepared in accordance with standards of the Governmental Accounting Standards Board. If the audited financial statement is not available, then an unaudited financial statement shall be included in the annual report and the audited financial statement shall be provided promptly after it becomes available. The City, in a timely manner not in excess of ten business days after the occurrence of the event, shall provide notice to the MSRB for disclosure on EMMA of any failure of the City to provide any such annual report within the 210 day period and of the occurrence of any of the following events with respect to the 2014 Bonds: (1) principal and interest payment delinquencies; (2) non payment related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax-exempt status of the 2014 Bonds, or other events affecting the tax-exempt status of the 2014 Bonds; (7) modifications to rights of bondholders, if material; (8) bond calls, if material; (9) defeasances; (10) release, substitution or sale of property securing repayment of the 2014 Bonds, if material; (11) rating changes; (12) tender offers; (13) bankruptcy, insolvency, receivership or similar event of the City; (14) the consummation of a merger, -23- Page 27 of 35 consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (15) appointment of a successor or additional trustee or the change of name of a trustee, if material. For the purposes of the event identified in clause (13), the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for the City in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan or reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. It is found and determined that the City has agreed to the undertakings contained in this Section in order to assist participating underwriters of the 2014 Bonds and brokers, dealers and municipal securities dealers in complying with Securities and Exchange Commission Rule 15c2 -12(b)(5) promulgated under the Securities Exchange Act of 1934. The Director of Finance or her designee is authorized and directed to do and perform, or cause to be done or performed, for or on behalf of the City, each and every thing necessary to accomplish the undertakings of the City contained in this -24- Page 28 of 35 Section for so long as Rule 15c2 -12(b)(5) is applicable to the 2014 Bonds and the City remains an "obligated person" under the Rule with respect to the 2014 Bonds. The undertakings contained in this Section may be amended by the City upon a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of the obligated person, or type of business conducted, provided that (a) the undertaking, as amended, would have complied with the requirements of Rule 15c2 -12(b)(5) at the time of the primary offering, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances and (b) in the opinion of nationally recognized bond counsel selected by the City, the amendment does not materially impair the interests of the beneficial owners of the 2014 Bonds. Section 23. Bond Registrar. The City covenants that it shall at all times retain a bond registrar with respect to the 2014 Bonds, that it will maintain at the designated office of such bond registrar a place where 2014 Bonds may be presented for payment and registration of transfer or exchange and that it shall require that the bond registrar maintain proper registration books and perform the other duties and obligations imposed upon the bond registrar by this ordinance in a manner consistent with the standards, customs and practices of the municipal securities business. The bond registrar shall signify its acceptance of the duties and obligations imposed upon it by this ordinance by executing the certificate of authentication on any 2014 Bond, and by such execution the bond registrar shall be deemed to have certified to the City that it has all requisite power to accept, and has accepted such duties and obligations not only with respect to the 2014 Bond so authenticated but with respect to -25- Page 29 of 35 all the 2014 Bonds. The bond registrar is the agent of the City and shall not be liable in connection with the performance of its duties except for its own negligence or default. The bond registrar shall, however, be responsible for any representation in its certificate of authentication on the 2014 Bonds. The City may remove the bond registrar at any time. In case at any time the bond registrar shall resign or shall be removed or shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or if a receiver, liquidator or conservator of the bond registrar, or of its property, shall be appointed, or if any public officer shall take charge or control of the bond registrar or of its property or affairs, the City covenants and agrees that it will thereupon appoint a successor bond registrar. The City shall mail notice of any such appointment made by it to each registered owner of 2014 Bonds within twenty days after such appointment. Section 24. Book -Entry System. In order to provide for the initial issuance of the 2014 Bonds in a form that provides for a system of book -entry only transfers, the ownership of one fully registered 2014 Bond for each maturity of each series of the 2014 Bonds, in the aggregate principal amount of such maturity, shall be registered in the name of Cede & Co., as a nominee of The Depository Trust Company, New York, New York, as securities depository for the 2014 Bonds. The City Finance Director is authorized to execute and deliver on behalf of the City such letters to, or agreements with, the securities depository as shall be necessary to effectuate such book -entry system. In case at any time the securities depository shall resign or shall become incapable of acting, then the City shall appoint a successor securities depository to -26- Page 30 of 35 provide a system of book -entry only transfers for the 2014 Bonds, by written notice to the predecessor securities depository directing it to notify its participants (those persons for whom the securities depository holds securities) of the appointment of a successor securities depository. If the system of book -entry only transfers for the 2014 Bonds is discontinued, then the City shall issue and the bond registrar shall authenticate, register and deliver to the beneficial owners of the 2014 Bonds, bond certificates in replacement of such beneficial owners' beneficial interests in the 2014 Bonds, all as shown in the records maintained by the securities depository. Section 25. Defeasance and Payment of Bonds. (A) If the City shall pay or cause to be paid to the registered owners of the 2014 Bonds, the principal and interest due or to become due thereon, at the times and in the manner stipulated therein and in this ordinance, then the pledge of taxes, securities and funds hereby pledged and the covenants, agreements and other obligations of the City to the registered owners and the beneficial owners of the 2014 Bonds shall be discharged and satisfied. (B) Any 2014 Bonds or interest installments appertaining thereto, whether at or prior to the maturity date of such 2014 Bonds, shall be deemed to have been paid within the meaning of paragraph (A) of this Section if there shall have been deposited in trust with a bank, trust company or national banking association acting as fiduciary for such purpose either (i) moneys in an amount which shall be sufficient, or (ii) "Federal Obligations" as defined in paragraph (C) of this Section, the principal of and the interest on which when due will provide moneys which, together with any moneys on deposit with such fiduciary at the same time for such purpose, shall be sufficient, to pay when -27- Page 31 of 35 due the principal of and interest due and to become due on said 2014 Bonds on and prior to the applicable maturity date thereof. (C) As used in this Section, the term "Federal Obligations" means (i) non - callable, direct obligations of the United States of America, (ii) non -callable and non - prepayable, direct obligations of any agency of the United States of America, which are unconditionally guaranteed by the United States of America as to full and timely payment of principal and interest, (iii) non -callable, non -prepayable coupons or interest installments from the securities described in clause (i) or clause (ii) of this paragraph, which are stripped pursuant to programs of the Department of the Treasury of the United States of America, or (iv) coupons or interest installments stripped from bonds of the Resolution Funding Corporation. Section 26. Ordinance to Constitute a Contract. The provisions of this ordinance shall constitute a contract between the City and the registered owners of the 2014 Bonds. Except as otherwise provided in this ordinance and the Redevelopment Act with respect to the pledge of money in any Tax Allocation Fund, any pledge made in this ordinance and the provisions, covenants and agreements herein set forth to be performed by or on behalf of the City shall be for the equal benefit, protection and security of the owners of any and all of the 2014 Bonds. All of the 2014 Bonds, regardless of the time or times of their issuance, shall be of equal rank without preference, priority or distinction of any of the 2014 Bonds over any other thereof except as expressly provided in or pursuant to this ordinance. This ordinance shall constitute full authority for the issuance of the 2014 Bonds and to the extent that the provisions of this ordinance conflict with the provisions of any -28- Page 32 of 35 other ordinance or resolution of the City, the provisions of this ordinance shall control. If any section, paragraph or provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this ordinance. In this ordinance, reference to an officer of the City includes any person holding that office on an interim basis and any person delegated the authority to act on behalf of such officer. Section 27. Publication. The City Clerk is hereby authorized and directed to publish this ordinance in pamphlet form and to file copies thereof for public inspection in her office. -29- Page 33 of 35 Section 28. Effective Date. This ordinance shall become effective upon its passage and approval. PASSED this 18th day of August, 2014. APPROVED this 18th day of August, 2014. VOTE: AYES (SEAL) Attest: NAYS ABSENT Mayor Approved as to form: City Clerk Peter M. Friedman, General Counsel Published in pamphlet form this 19th day of August, 2014. City Clerk -30- Page 34 of 35 CERTIFICATE I, Gloria J. Ludwig, City Clerk of the City of Des Plaines, Illinois, hereby certify that the foregoing ordinance entitled: "Ordinance Authorizing the Issuance of General Obligation Refunding Bonds of 2014 of the City of Des Plaines, Illinois and Providing for the Redemption of Outstanding Bonds of the City," is a true copy of an original ordinance that was duly adopted by the recorded affirmative votes of a majority of the members of the City Council of the City at a meeting thereof that was duly called and held at 8:00 p.m. on August 18, 2014, in the Council Chambers at City Hall, and at which a quorum was present and acting throughout, and that said copy has been compared by me with the original ordinance signed by the Mayor on August 18, 2014, and thereafter published in pamphlet form on August 19, 2014 and recorded in the Ordinance Book of the City and that it is a correct transcript thereof and of the whole of said ordinance, and that said ordinance has not been altered, amended, repealed or revoked, but is in full force and effect. I further certify that the agenda for said meeting included the ordinance as a matter to be considered at the meeting and that said agenda was posted at least 48 hours in advance of the holding of the meeting in the manner required by the Open Meetings Act, 5 Illinois Compiled Statutes 120 and was continuously available for public review during the 48 hour period preceding the meeting. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City, this day of , 2014. (SEAL) -31- US 100669078v1 224503-00048 7/24/2014 1:57 PM City Clerk Page 35 of 35