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03/21/2016 Monday, March 21, 2016 Closed Session – 6:00 p.m. Regular Session – 7:00 p.m. Room 102 CALL TO ORDER CLOSED SESSION (material to be sent under separate cover) COLLECTIVE BARGAINING PERSONNEL – CITY MANAGER REVIEW REGULAR SESSION ROLL CALL PRAYER PLEDGE OF ALLEGIANCE PRESENTATION LIFE SAVING AWARD – OFFICER HARRISON AND SERGEANT DVORAK PUBLIC HEARING SUBSTANTIAL AMENDMENT OF PY 2015-2019 CONSOLIDATED PLAN/PY 2015 ACTION PLAN CITIZEN PARTICIPATION (matters not on the Agenda) CITY CLERK ANNOUNCEMENTS ALDERMEN ANNOUNCEMENTS | CONSENT AGENDA 1. Approve Professional Services Agreement with V3 Companies of Illinois, Ltd., 7325 Janes Avenue, Woodridge, IL in the Not-to-Exceed Amount of $142,355.00 (Task Order 5 under the Master Contract) for Purposes of Engineering Services and Conducting the S-Curve Pedestrian/Bike Underpass Feasibility Study. Budgeted Funds – Capital Projects Fund. 1a. RESOLUTION R-55-16/S-Curve Pedestrian/Bike Underpass Feasibility Study 2. Award Bid for Repair and Utility Location of Street Lights and Underground Wiring to H&H Electric, 2830 Commerce Street, Franklin Park, IL. Budgeted Funds – Street/Grounds Maintenance Division/Repairs & Maintenance - $25,000 and TIF #1 - $20,000 2a. RESOLUTION R-56-16/Bid Award for Repair and Utility Location of Street Lights and Underground Wiring 3. Award Bid for the 2016 Purchase of Hot Mix Asphalt to Arrow Road Construction Company, 3401 S. Busse Road, Mt. Prospect, IL in the Not-to-Exceed Amount of $170,000. Budgeted Funds – Street Maintenance Supplies/Street R&M - $100,000 and Capital Projects Supplies/Capital Maintenance Account - $70,000. 3a. RESOLUTION R-57-16/Bid Award for 2016 Hot Mix Asphalt Purchase 4. Approve Professional Services Master Contract for the Purposes of Leak Detection, Valve Assessment, and Fire Flow Testing Services with M.E. Simpson Co., Inc., 3406 Enterprise Avenue, Valparaiso, IN. No Cost Associated with Master Contract – Work Performed will Require Separate Task Orders and Follow Pricing Schedule in Master Contract. 4a. RESOLUTION R-59-16/Master Contract with M.E. Simpson Co. Inc. 5. Approve Collective Bargaining Agreement with the Metropolitan Alliance of Police (MAP), Des Plaines Command Chapter No. 241 5a. RESOLUTION R-60-16/MAP 241 Collective Bargaining Agreement 6. Authorize City Clerk to Advertise for Bid 2016 Concrete Improvements – MFT-16-00000-01-GM 7. Authorize City Clerk to Advertise for Bid 2016 CIP Street & Utility Improvements – Contract A 8. Authorize City Clerk to Advertise for Bid 2016 CIP Street & Utility Improvements – Contract B 9. Minutes/Regular Meeting – February 16, 2016 (deferred from March 7, 2016 City Council Agenda) 10. Minutes/Regular Meeting – March 7, 2016 END OF CONSENT AGENDA | COMMITTEE OF THE WHOLE 1. FINANCE & ADMINISTRATION – Alderman Don Smith, Chair a. Warrant Register in the Amount of $5,311,840.27 – RESOLUTION R-58-16 2. COMMUNITY DEVELOPMENT – Alderman Mike Charewicz, Chair a. Map Amendment and Conditional Use Permit for Commercial School at 1870 Busse Highway, Case #16-003-MAP-CU, 1st Ward – ORDINANCE Z-5-16 b. An Ordinance Amending the Zoning Ordinance of 1988 to Permit Breweries and Distilleries with Accessory Taverns and Restaurants (Case #15-068-TA) – ORDINANCE Z-6-16 and An Ordinance Amending the City Code’s Liquor Control Regulations to Allow Brewpubs, Breweries, and Distilleries to Obtain Licenses to Sell Liquor – ORDINANCE M-11-16 c. An Ordinance Amending the Liquor License Regulations to Permit Public Entities to Serve Alcohol on Premises – ORDINANCE M-10-16 IF NO ACTION IS TAKEN UNDER NEW BUSINESS, THESE ITEMS WILL APPEAR ON THE FOLLOWING 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. a. SECOND READING – ORDINANCE M-9-16/Approve Ordinance Amending Section 5 of Chapter 7 of Title 1 of the City Code Regarding Elected Official Salaries and Compensation NEW BUSINESS: IF REPORTED OUT BY COMMITTEE 1. a. RESOLUTION R-58-16/Warrant Register in the amount of $5,311,840.27 2. a. ORDINANCE Z-5-16/Approve Map Amendment and Conditional Use Permit for Commercial School at 1870 Busse Highway, Case #16-003-MAP-CU, 1st Ward b. ORDINANCE Z-6-16/Approve Ordinance Amending the Zoning Ordinance of 1988 to Permit Breweries and Distilleries with Accessory Taverns and Restaurants (Case #15-068-TA) and An Ordinance Amending the City Code’s Liquor Control Regulations to Allow Brewpubs, Breweries, and Distilleries to Obtain Licenses to Sell Liquor – ORDINANCE M-11-16 c. ORDINANCE M-10-16/Approve Ordinance Amending the Liquor License Regulations to Permit Public Entities to Serve Alcohol on Premises | MANAGER’S REPORT ALDERMEN COMMENTS MAYORAL COMMENTS ADJOURNMENT City of Des Plaines, in compliance with the Americans With Disabilities Act, requests that persons with disabilities, who req uire certain accommodations to allow them to observe and/or participate in the meeting(s) 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. COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: March 10, 2016 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager George Sakas, AICP, Community and Economic Development Director From: Lauren Pruss, AICP, Economic Development Coordinator Davorka Kirincic, AICP, Associate Planner / CDBG Administrator Subject: Public Hearing on the Substantial Amendment to Consolidated Plan and Action Plan based on joining Cook County HOME Consortium Issue: In accordance with the U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnerships Program regulatory guidance, the City of Des Plaines elected to join local Cook County HOME Consortium adopting Resolution R-95-15 on May 18, 2015. As a result, the City of Des Plaines will coordinate its planning and reporting with Cook County. The City will be a participating community in the Cook County Consolidated Plan, and the City of Des Plaines will terminate its separate 2015 - 2019 Consolidated Plan as of September 30, 2016. Analysis: The City Council’s approval to participate in the HOME Consortium increases the amount of funding distributed to the HOME Consortium and provides additional HOME benefits to the City. The City has been directed by Cook County that this action requires the City to amend the existing Consolidated Plan and Annual Action Plan to identify this change which is considered a substantial amendment (Attachment 2). The City of Des Plaines will continue to plan, draft and approve Annual Action Plans, Comprehensive Annual Performance and Evaluation Reports (CAPER), financial reports, etc. as required by HUD. However, certain plans and reports, including the City’s Annual Action Plans, will be submitted to Cook County which will then submit them to U.S. Department of Housing and Urban Development (HUD) along with the County’s own plans and documents. In accordance with the City’s Public Participation Plan, all substantial amendments to the CDBG Consolidated and Action Plan must be approved by the City Council. The City published a legal notice for substantial amendment in Des Plaines Journal on March 4, 2016 for public comment. Recommendation: No action is necessary tonight other than holding the Public Hearing. The public comment period closes on Aril 25, 2016. Consideration of the proposed amendment is scheduled for City Council on May 2, 2016. MEMORANDUM Page 1 of 5 Attachments: Attachment 1: Legal Notice Attachment 2: Draft Substantial Amendment Page 2 of 5 LEGAL NOTICE SUBSTANTIAL AMENDMENT Des Plaines 2015 – 2019 Consolidated Plan and 2015 Annual Action Plan The City of Des Plaines proposes to amend its 2015 – 2019 Consolidated Plan and 2015 Annual Action Plan as follows: 1. As a result of the City of Des Plaines having joined the Cook County HOME Consortium, the City of Des Plaines will coordinate its planning and reporting with Cook County. The City will be a participating community in the Cook County Consolidated Plan, and the City of Des Plaines’ 2015-2019 will terminate its separate 2015 – 2019 Consolidated Plan as of September 30, 2016. 2. The City of Des Plaines will continue to plan, draft and approve Annual Action Plans, Comprehensive Annual Performance and Evaluation Reports (CAPER), financial reports, etc. as required by HUD. However, certain plans and reports, including the City’s Annual Action Plans, will be submitted to Cook County which will then submit them to U.S. Department of Housing and Urban Development (HUD) along with the County’s own plans and documents as well as the plans and documents of the other municipalities that are participants in the Cook County HOME Consortium. An important part of the process of developing the original 2015 – 2019 Consolidated Plan, Annual Action Plans, and this Substantial Amendment is to allow citizen participation and input. CITIZEN QUESTIONS AND COMMENTS Citizens are invited and encouraged to submit written comments on the Substantial Amendment to the Des Plaines 2015 – 2019 Consolidated Plan and 2015 Annual Action Plan (Available March 4, 2016) during the public comment period beginning Monday, March 21, 2016 and ending Monday, April 25, 2016. A summary of all questions and concerns received will be included in the final Substantial Amendment submitted to Council for adoption on May 2, 2016 and afterward send to the HUD. Copies of the draft will be available March 4, 2016 at: Des Plaines Civic Center Community and Economic Development (3rd Floor Counter) 1420 Miner St., Des Plaines, IL. 60016 Des Plaines Public Library (Information Desk) 1501 Ellinwood St., Des Plaines, IL. 60016 Attachment 1 Page 3 of 5 Personal copies can be obtained by contacting the CDBG Coordinator at (847) 391-5381 or online at: www.desplaines.org/cdbglegalnotice Written comments can be sent to the attention of the CDBG Coordinator at the Civic Center, Community and Economic Development and will receive a written response within 15 days of receipt. Citizens will also have the opportunity to present comments at the public meeting described below. PUBLIC HEARING A public hearing on the Amendment of Consolidated Plan/Action Plan will be held by the City Council at the following time and location: Monday, March 21, 2016 7:00 p.m. Des Plaines Civic Center 1420 Miner Street, Room 102 The City of Des Plaines encourages all interested persons, groups, and organizations to make comments at this hearing. If requested a minimum of five (5) working days prior to the public hearing, the City will attempt to make available foreign language and sign language interpreters for non-English speaking and hearing impaired persons wishing to participate in the public hearing. Attachment 1 Page 4 of 5 Appendix - F Draft Substantial Amendment Consolidated Plan 164 OMB Control No: 2506-0117 (exp. 07/31/2015) SUBSTANTIAL AMENDMENT Des Plaines 2015 – 2019 Consolidated Plan and 2015 Annual Action Plan The City of Des Plaines proposes to amend its 2015 – 2019 Consolidated Plan and 2015 Annual Action Plan as follows: 1. As a result of the City of Des Plaines having joined the Cook County HOME Consortium, the City of Des Plaines will coordinate its planning and reporting with Cook County. The City will be a participating community in the Cook County Consolidated Plan, and the City of Des Plaines’ 2015-2019 will terminate its separate 2015 – 2019 Consolidated Plan as of September 30, 2016. 2. The City of Des Plaines will continue to plan, draft and approve Annual Action Plans, Comprehensive Annual Performance and Evaluation Reports (CAPER), financial reports, etc. as required by HUD. However, certain plans and reports, including the City’s Annual Action Plans, will be submitted to Cook County which will then submit them to U.S. Department of Housing and Urban Development (HUD) along with the County’s own plans and documents as well as the plans and documents of the other municipalities that are participants in the Cook County HOME Consortium. Attachment 2 Page 5 of 5 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5390 desplaines.org Date: March 3, 2016 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 Subject: S-Curve Ped/Bike Feasibility Study – Consultant Contract Issue: A qualifications-based process was employed in selecting an engineering design consultant to conduct an S-Curve Pedestrian/Bicycle Underpass Feasibility Study. A pedestrian/bicycle underpass would remove a key barrier and provide safe access for pedestrian and bicycle travel between downtown Des Plaines and areas west. The project would also provide a regional benefit, removing a barrier in the envisioned 20-mile Northwest Highway Regional Bicycle Corridor connecting six suburban transit-oriented downtown districts with the greater City of Chicago bike network. Analysis: Proposal packages were received from seven companies. A committee consisting of Public Works & Engineering and Community & Economic Development staff reviewed the proposals and narrowed the list to what we determined to be the three most-qualified companies (Civiltech, TranSystems, and V3). Interviews were then conducted with the teams from each of these three companies. In the end, the staff committee agreed upon V3 Companies of Illinois as the best team for this project based upon their related experience, assembled team, project approach, and our past positive experience in working with the company. Recommendation: We recommend acceptance of the proposal from V3 Companies of Illinois. Ltd., 7325 Janes Avenue, Woodridge, IL 60517 in the not-to-exceed amount of $142,355.00 for engineering services for conducting an S-Curve Pedestrian/Bicycle Feasibility Study. Source of funding would be budgeted Capital Projects Funds. Attachments: Attachment 1 – Request for Proposal Resolution R-55-16 Exhibit A – Master Contract Exhibit B - Task Order No. 5 with Proposal MEMORANDUM Page 1 of 45 Public Works & Engineering 1420 Miner Street, Des Plaines, IL 60016 P: 847.391.5390 | W: desplaines.org October 20, 2015 Reference: Request for Proposal for Design Engineering Services Northwest Highway S-Curve Ped-Bike Underpass Feasibility Study A. Introduction and Overview The City of Des Plaines is inviting qualified firms to submit proposals for a feasibility study of constructing a pedestrian/bicycle culvert underpass and connecting sidepath at the Northwest Highway “S-Curve” railroad crossing. Under existing conditions, Northwest Highway (US Route 14) descends beneath a 1930’s timber railroad bridge that carries the crossing of two major rail lines – the Union Pacific-Milwaukee rail line and the Canadian National rail line. The location is further complicated by the presence of the Union Pacific-Northwest line to the immediate south of the bridge crossing. In 2002 a feasibility study was performed to evaluate the potential to straighten Northwest Highway and replace the timber railroad structure at this location. The feasibility study also evaluated the potential to further grade separate of one of the railroad lines to eliminate rail congestion at this location. The Illinois Department of Transportation, the City and the railroads were involved with this study. While feasible from an engineering standpoint, the projects were prohibitively expensive with insufficient benefit. So there is no current prospect for these full bridge replacement projects. Furthermore, in the wake of issues with objects falling from the timber bridge onto traffic below, the railroads invested in excess of a million dollars to improve the structure and do not have any plans for replacement of the structure. Given the horizontal and vertical curvature of the roadway, combined with a lack of shoulder space, pedestrian and bicycle travel through the crossing is not currently feasible. However, due to demand and a lack of convenient detours, bicycles have been observed through the underpass and pedestrians have reportedly trespassed along/across the tracks in order to traverse the area. This proposed underpass would remove a key barrier and provide safe access for pedestrian and bicycle travel between downtown Des Plaines and areas west. The project would also provide a regional benefit, removing a barrier in the envisioned 20-mile Northwest Highway Regional Bicycle Corridor connecting six suburban transit-oriented downtown districts with the greater City of Chicago Bike Network. The feasibility study for the Northwest Highway S-Curve Ped-Bike Underpass is anticipated to include but not be limited to: coordination with the railroads and with IDOT; preliminary structural evaluation of the existing railroad structure for a potential culvert underpass, review and topographic survey of the proposed alignment; coordination with utilities with regard to conflicts; evaluation of potential alternatives and estimates of cost for the alternatives. However, the actual scope will be worked out with the selected engineering firm. Attachment 1 Page 2 of 45 Request for Proposals Page 2 of 4 Des Plaines – NW Hwy S-Curve Ped-Bike Underpass Feasibility Study Since the underpass will not work in isolation, the study is to include the provision of sidepath through the length of the S-curve. The anticipated project limits will be Western Avenue at the east, and the Dayton Freight/PACE Bus driveways at the west. Throughout planning discussions, the north side of Northwest Highway has been envisioned as the most feasible for the underpass and for connecting to the existing street/sidewalk network. However, this is also open to change if the study suggests otherwise. Attachment 1 Page 3 of 45 Request for Proposals Page 3 of 4 Des Plaines – NW Hwy S-Curve Ped-Bike Underpass Feasibility Study B. Submission Requirements Responses to this RFP should include the following: 1. Firm Description 2. History of the Firm 3. Detailed listing of work on similar projects 4. Project Approach and Timeline 5. Key Individual Resumes of the individuals to be assigned to the project 6. List and Qualifications of Sub consultants (i.e., Landscape Architect, Lighting, etc.) 7. Organizational Structure of Project Team 8. IDOT Consultant Prequalification 9. Professional References (at least 3) C. Submission Deadline Proposals must be submitted no later than 4:30 pm on Friday, November 20, 2015. Proposals are to be submitted in electronic format (.pdf preferred) to the following email address with the following subject line: Engineering@desplaines.org Subject line: Des Plaines – RFP - NW Hwy S-Curve Ped-Bike Underpass Feasibility Study The City email system will accept in excess of 10MB per email. If file size is an issue please contact us to arrange for alternate means of transferring the file. We will send you a confirmation response to your email, verifying that it was received. Note that the response is not automatic and so it will not be immediate. No hardcopies need to be submitted. D. Selection Process The Consultant selection process will involve an evaluation and ranking of the RFP by the City with reference to, but not limited to, the following selection criteria: 1. The professional and technical competence and related experience of the firm, including the Project Manager and other key project participants, in organizing and completing similar pedestrian/bicycle projects. 2. Experience in working with railroads since the feasibility of any facility will be dependent upon their participation. Successful experience in working with the Union Pacific and/or the Canadian National/Wisconsin Central Railroads will be particularly valued. 3. Sufficient staff resources to be able to complete the project design in a timely manner. 4. The reputation of the firm or organization based on references. Depending upon the results of the initial selection process, interviews may or may not be conducted with the top-ranked firms. The goal will be to award a contract in early 2016, with work to begin thereafter. Attachment 1 Page 4 of 45 Request for Proposals Page 4 of 4 Des Plaines – NW Hwy S-Curve Ped-Bike Underpass Feasibility Study E. Contact for Inquiries Regarding this Request Questions and/or comments regarding this request can be directed to: Derek Peebles, P.E. 847-391-5389 dpeebles@desplaines.org F. Other Background Information 1. US Route 14 at the Union Pacific and Wisconsin Central Railroad Crossings – Bridge Reconstruction Feasibility Study – June 2002 [pdf posted as part of this RFP package at www.desplaines.org/bids] 2. 2011 Active Transportation Plan - City of Des Plaines www.desplaines.org/bikenetwork 3. 2010 Regional Bicycle Plan - Northwest Municipal Conference www.nwmc-cog.org/Transportation/Bike-Planning.aspx 4. 2012 Northwest Highway Bicycle Facility Plan - Northwest Municipal Conference www.nwmc-cog.org/Transportation/Bike-Planning.aspx By: Timothy P. Oakley, P.E., CFM Director of Public Works and Engineering City of Des Plaines Attachment 1 Page 5 of 45 CITY OF DES PLAINES RESOLUTION R - 55 - 16 A RESOLUTION APPROVING TASK ORDER NO. 5 WITH V3 COMPANIES OF ILLINOIS, 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, on June 17, 2015, the City entered into a Master Contract with V3 Companies of Illinois, Ltd. ("Consultant"), to perform certain engineering services for the City as such services are needed over time, which Master Contract is attached to this Resolution as Exhibit A; and WHEREAS, the City desires to construct a pedestrian and bicycle underpass and sidepath at the Northwest Highway “S-Curve” Railroad Crossing in the City (“Work”); and WHEREAS, the City has appropriated funds for use by the Department of Public Works and Engineering during the 2016 fiscal year for the procurement of a feasibility study related to the Work (“Services”); and WHEREAS, pursuant to Chapter 10 of Title 1 of the City Code of the City of Des Plaines and the City’s purchasing policy, the City Council has determined that the procurement of the Services does not require competitive bidding because the Services require a high degree of professional skill where the ability or fitness of the individual plays an important part; and WHEREAS, the City sought proposals from qualified consultants for the performance of the Services; and WHEREAS, Consultant submitted a proposal in the not-to-exceed amount of $142,355 to perform the Services; and WHEREAS, the City has a satisfactory relationship with the Consultant, which has satisfactorily performed engineering services for the City in the past; and WHEREAS, the City desires to enter into Task Order No. 5 under the Master Contract for the procurement of the Engineering Services from Consultant in the not-to-exceed amount of $142,355 ("Task Order No. 5"); and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into Task Order No. 5 with Consultant; Page 6 of 45 2 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 TASK ORDER NO. 5. The City Council hereby approves: (a) Task Order No. 5 in substantially the form attached to this Resolution as Exhibit B, and in a final form to be approved by the General Counsel, and (b) performance of the Services by Consultant pursuant to the terms of Task Order No. 5 and the Master Contract in the not-to-exceed amount of $142,355. SECTION 3: AUTHORIZATION TO EXECUTE TASK ORDER NO. 5. 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. 5 only after receipt by the City Clerk of at least one executed copy of final Task Order No. 5 from Consultant; provided, however, that if the City Clerk does not receive one executed copy of final Task Order No. 5 from Consultant within 60 days after the date of adoption of this Resolution, then this authority to execute and seal final Task Order No. 5 shall, at the option of the City Council, be null and void. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this _____ day of ____________, 2016. APPROVED this _____ day of _____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Task Order No 5 with V-3 Companies for S-Curve Ped-Bike Feasibility Study #39751202_v2 Page 7 of 45 Master Contract Between the City of Des Plaines And V3 Companies of Illinois, Ltd. For Professional Engineering Services Exhibit A Page 8 of 45 Exhibit A Page 9 of 45 Exhibit A Page 10 of 45 Exhibit A Page 11 of 45 Exhibit A Page 12 of 45 Exhibit A Page 13 of 45 Exhibit A Page 14 of 45 Exhibit A Page 15 of 45 Exhibit A Page 16 of 45 Exhibit A Page 17 of 45 Exhibit A Page 18 of 45 Exhibit A Page 19 of 45 Exhibit A Page 20 of 45 Exhibit A Page 21 of 45 Exhibit A Page 22 of 45 Exhibit A Page 23 of 45 Exhibit A Page 24 of 45 Exhibit A Page 25 of 45 Exhibit A Page 26 of 45 City of Des Plaines Professional Services Master Contract Professional Engineering Services -1- 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 Consultant Name (the “Consultant”), the Parties agree to the following Task Number 5: 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] S-Curve Pedestrian/Bicycle Feasibility Study (See Exhibit B) Exhibit A Page 27 of 45 Exhibit A Page 28 of 45 Exhibit A Page 29 of 45 Exhibit A Page 30 of 45 Exhibit A Page 31 of 45 Exhibit A Page 32 of 45 TASK ORDER NO. 5 TO MASTER CONTRACT BETWEEN THE CITY OF DES PLAINES AND V3 COMPANIES OF ILLINOIS, LTD. FOR PROFESSIONAL ENGINEERING SERVICES In accordance with Section 1.2 of the Master Contract dated June 17, 2015 between the City of Des Plaines (the “City”) and V3 Companies of Illinois, Ltd., 7325 Janes Avenue, Woodridge, IL 60517 (the “Consultant”), the Parties agree to the following Task Number 5: 1. Contracted Services: The Consultant will perform the services described in the "Scope of Services" set forth in the “Proposal for Professional Services, S-Curve Pedestrian/Bicycle Feasibility Study, Task Order #5,” submitted to the City, and dated March 3, 2016 ("Proposal"). 2. Project Schedule (attach schedule if appropriate): Anticipated Schedule is included in the attached proposal as Attachment 5. 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 an hourly rate basis plus reimbursable expenses, but in no event will the compensation paid to the Consultant exceed $142,355.00, all as set forth in the Proposal under the section titled "Professional Fee." 5. Additional Changes to the Master Contract (if applicable): Not applicable. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED Exhibit B Page 33 of 45 CITY CONSULTANT _______________________________ __________________________________ Signature Signature Director of Public Works & Engineering _George Schober____________________ Name (Printed or Typed) ____________________, 2016 March 3, 2016 Date Date If greater than, $2,500, the City Manager’s signature is required. ______________________________________ Signature City Manager ____________________, 2016 Date If greater than $20,000, the City Council must approve the Task Order in advance and the City Manager's signature is required. _______________________________________ Signature City Manager ____________________, 2016 Date #26478055_v1 Exhibit B Page 34 of 45 V3 COMPANIES • 7325 JANES AVENUE, WOODRIDGE, IL 60517 • PH: 630.724.9200 • FX: 630.724.9202 • V3CO.COM VISIO, VERTERE, VIRTUTE … THE VISION TO TRANSFORM WITH EXCELLENCE March 3, 2016 Derek Peebles, P.E. Civil Engineer Public Works and Engineering Department 1420 Miner Street Des Plaines, IL 60016 Re: Proposal for Professional Services S-Curve Pedestrian/Bicycle Feasibility Study Task Order #5 Dear Mr. Peebles: V3 Companies of Illinois, Ltd. (V3) is pleased to submit this proposal to provide engineering services to the City of Des Plaines. Detailed work items for this project are included in Attachment 1 - Scope of Work for your reference. Estimated costs necessary to complete each item are included as Attachment 2 – Breakdown of Costs. Billing rates for the project will in in accordance with the Master Service agreement and are included as Attachment 3 – V3 Companies 2015 Billing Rates. We have also included our direct expense rate for this Work order at Attachment 4 – V3 Companies Direct Expense Rates. The anticipate schedule for this Task Order is outline on Attachment 5 – Anticipated Project Timeline. We appreciate the opportunity to present this proposal to the City. We are available to answer any questions or to further expand upon this submittal. Please contact me by telephone at (630) 291-0064 or by email at gschober@v3co.com to provide clarifications or additional information regarding the services that we can offer the City on this project. Sincerely, V3 COMPANIES OF ILLINOIS, LTD. George J. Schober, P.E. Senior Project Manager GJS/gjs Attachments Exhibit B Page 35 of 45 Task 1 – Project Kickoff and Early Coordination V3 will collect existing conditions information for the study area including, available contours and topo surveys, right of way and property information, floodplain mapping, wetland delineations and mapping, environmental incident locations, utility data and record drawings for the roadways, sidewalks, bridges and other facilities that could potentially be impacted by any of the alternatives. All of the information will be compiled into a single CADD drawing for use in developing and evaluating alternatives. A kickoff meeting will be held with the City staff and the stakeholders. The first hour of the meeting will be held with the City staff only and will focus on the administration and goals of the project from the City’s perspective. The second half of the meeting will include all of the stakeholders. We will review the project goals and brainstorm regarding the project goals, alternatives analysis criteria. We anticipate that the following agencies and stakeholders will be involved: • Des Plaines Bike and Pedestrian Advisory Committee • Pace • Metra • Union Pacific (UP) Railroad • Canadian National (CN) Railroad • Canadian Pacific (CP) Railroad (if necessary) • City of Des Plaines (CoDP) • Commonwealth Edison (ComEd) • Illinois Department of Transportation (IDOT) At this meeting we will also review the alternatives that we have presented below as well as any other potential alternatives that we identify subsequent to the submittal of this proposal. We will also discuss and review the goals of the project to educate and develop a consensus within the stakeholder group. A detailed list of goals and set of evaluation criteria will also be developed through coordination with the Stakeholders (The fee for stakeholder meetings is included in Task 7) Task 2 – Alternative Development Since it may be difficult and/or costly to provide a crossing beneath the existing Northwest Highway Bridge Structure, we recommend exploring multiple alternatives to determine which alternative will be the most cost effective. We have outlined a few potential alternatives below for consideration. Since some of the alternatives will have sub alternatives (such as an over or under rail alternative), we will evaluate each alternative in discrete segments so that we can easily compare and contrast different combinations of segments with the stakeholder group. We have attached Exhibit 1 – Potential Alternative Path Locations, to illustrates the alternatives that we suggest for consideration as part of this project. The segments that we will evaluate may include: Segments of Alternative 1 A. Trail along Northwest Highway - Pace driveway to CN Line B. Crossing beneath existing bridge structure of the CN Line C. Trail along Northwest Highway - CN Rail Line and the UP Milwaukee Line D. Crossing Beneath existing bridge structure UP Milwaukee Line E. Trail along Northwest Highway - UP Milwaukee Line to Western Avenue Exhibit B Page 36 of 45 Segments of Alternative 1A A. Trail along Northwest Highway - Pace driveway to CN Line B. Crossing of the CN Line at grade C. Trail along Northwest Highway - CN Rail Line and the UP Milwaukee Line D. Crossing of the UP Milwaukee Line at grade E. Trail along Northwest Highway - UP Milwaukee Line to Western Avenue Segments of Alternative 1B A. Trail along Northwest Highway - Pace driveway to CN Line B. Crossing of the CN Line with new bridge structure over the CN Line C. Trail along Northwest Highway - CN Rail Line and the UP Milwaukee Line D. Crossing of the UP Milwaukee Line with new bridge structure over the UP Milwaukee Line E. Trail along Northwest Highway - UP Milwaukee Line to Western Avenue Segments of Alternative 2 A. Trail along the south side of Weller Creek - Northwest Highway to CN Line B. Crossing beneath the CN at existing Weller Creek Structure C. Trail Along the west side of ComEd Property - Weller Creek to Northwest Highway Segments of Alternative 3 A. Trail along the south side of Seegers Road - Northwest Highway to east of the CN Line B. Trail along the south side of Seegers Road - East of the CN Line to Rand Road C. Trail along the south side of Rand Road - Seegers Road to west of Campground Road D. Trail along east edge of ComEd Facility - Rand Road to the UP Milwaukee Line E. Trail grade separation over the UP Milwaukee Line F. Trail grade separation beneath the UP Milwaukee Line G. Trail in vacant parcel on Western Avenue - UP Milwaukee Line to Sidewalk on Western Avenue H. Improvements to Sidewalk on Western Avenue - Harding Avenue to Northwest Highway I. Trail along the west side of ComEd Property - Seegers Road to Weller Creek J. Trail Crossing over Weller Creek Segments of Alternative 4 A. Trail along the east side of the CN Line from Seegers Road to Weller Creek B. Bridge over Weller Creek Exhibit B Page 37 of 45 Segments of Alternative 5 A. Trail along the north side of the UP Northwest Line - Pace driveway to the UP Milwaukee Line B. Trail along the north side of the UP Northwest Line - UP Milwaukee Line grade separation C. Trail along the north side of the UP Northwest Line - UP Milwaukee Line to the CN Line D. Trail along the north side of the UP Northwest Line - CN Line grade separation E. Trail along the north side of the UP Northwest Line - CN Line to Western Avenue Task 3 – Alternative Evaluation Once the alternatives have been identified, we will perform a critical flaw evaluation to determine if each of the alternatives identified meet all of the goals of the Project. Alternatives that do not meet all of the Project goals (as determined during Task 1) will be dropped from further consideration. Each of the alternatives that pass the critical flaw evaluation will be developed and reviewed to determine the advantages and impacts along with the costs for each alternative. Each of the alternatives will be ranked based on an objective set of criteria that will be developed during the initial stakeholder meeting. The criteria may include: • Path Length • Meets AASHTO guidelines • Meets PROWAG guidelines • Wetland Impacts • Floodplain Impacts • Stormwater Impacts • Property Impacts • Potential Maintenance costs • Cost Task 4 – Draft Report Preparation A draft report will be prepared which presents the layout and cross sections for each of the proposed alternatives and a summary of the advantages and impacts of each. The draft report will be distributed to the stakeholder group for their review in advance of a second meeting with the stakeholders. At the second stakeholder meeting, V3 will present each of the alternatives that were developed and collect feedback from the group regarding the advantages or impacts that were not identified in the draft report. The rankings and the report will then be updated to reflect the feedback received at the second stakeholder meeting and the report will be redistributed. (The fee for stakeholder meetings is included in Task 7) The report is anticipated to include the following sections and Exhibits: • Introduction to the Project • Alternative Development • Evaluation & Costs • Preferred Alternative • Recommendations • Conclusions • Exhibits Exhibit B Page 38 of 45 o Project Location Map o Alternative Alignments o Alternative Path Typical Cross Sections o Rail Crossing (Bridge or Tunnel) Typical Sections o Cost Opinions of Alternatives Task 5 – Development of Preferred Alternative Based on the final rankings and feedback from the stakeholders, a preferred alternative will be selected and developed to a point that all impacts, property acquisition and all associated costs can be identified in detail. A detailed layout plan, typical cross sections, and cross sections will be prepared along with a detailed quantity take off for all major items of the proposed work. Once the preferred alternative has been developed, we will organize and hold a third meeting with the stakeholder group to present the preferred alternative and its costs. We will discuss any impacts to property and all necessary property acquisition and permits that will be required for its implementation. We will encourage feedback from the stakeholder group and any issues uncovered during this meeting will be addressed prior to issuing a final report. (The fee for stakeholder meetings is included in Task 7) Task 6 – Final Report Upon the completion of the third stakeholder meeting, we will compile all of the information regarding the results of the study into a final report document. The final report will be distributed to the stakeholder group for a final review and approval. Task 7 – Coordination, Meetings, Project Administration & Quality Assurance V3 will organize, prepare for and hold the following meetings (also listed above): 1. Initial Stakeholder Meeting (1 each) 2. Alternative Development Stakeholder Meeting (1 each) 3. Preferred Alternative Stakeholder Meeting (1 each) 4. Engineering Committee Meeting (1 each) 5. City Council Meeting (1 each) 6. City Staff Meetings (3 each) 7. Public Involvement Event (1 each) In addition, V3 will make one presentation of the findings of the feasibility study to the City of DesPlaines City Council upon completion of the study. V3 will also coordinate with the various funding agencies and provide guidance to the City regarding applicable funding sources for his project. We will develop a project specific quality assurance plan for this project which will be executed by senior staff. This plan will include independent quality assurance reviews of all designs, cost opinions and reports produced for this study. V3 will provide regular feedback to the City’s staff regarding the progress of this project and will invoice the project on a monthly basis. Exhibit B Page 39 of 45 Pr o j e c t M a n a g e r Se n i o r E n g i n e e r Pr o j e c t E n g i n e e r Es t i m a t o r Te c h n i c i a n Ad m i n . A s s i s t . D i v i s i o n D i r e c t o r Se n i o r P r o j e c t Ma n a g e r Se n i o r R R En g i n e e r Se n i o r S t r u c t u r a l En g i n e e r Pr o j e c t E n g i n e e r D es i g n E n g i n e e r CA D D T e c h . I Su r v e y o r Man- hours Estimated Fees 1 Project Kickoff and Early Coordination 8 0 4 0 0 6 0 9 8 0 0 4 4 0 500.00$ 43 5,150.00$ Data Collection 4 2 1 4 4 4 Develop Detailed Project Goals 4 2 4 2 Develop Detailed Alternative Analysis Criteria Matrix 4 2 4 2 2 Alternative Development 12 12 40 0 36 0 0 24 24 40 64 48 0 0 250.00$ 300 33,370.00$ Develop Alterantives and Prepare Preliminary Designs 8 8 8 40 40 Develop rail Crossing Alterantive Designs (Tunneling)12 12 40 36 4 8 Develop rail Crossing Alterantive Designs (Bridge Structures)4 8 32 8 8 Perform Critical Flaw Analysis 8 16 3 Alternative Analysis 16 16 24 80 0 0 0 20 16 16 64 40 0 0 250.00$ 292 34,026.00$ Analyze each alternative based on the criteria Developed during Task 1 16 16 24 16 8 8 40 16 Prepare Concept Level Alternative Cost Opinions 80 4 8 8 24 24 4 Draft Report Preparation 8 8 32 0 36 8 0 20 8 0 32 0 16 0 500.00$ 168 19,364.00$ Develop / Format Report Exhibits 4 4 16 36 4 16 16 Write Alternative Development and Analysis Sections of the Report 4 4 16 8 16 8 16 5 Development of Preferred Alternative 4 0 8 8 0 0 0 8 0 0 16 20 8 0 250.00$ 72 8,250.00$ Update Designs based on feedback from Stakeholders 4 8 4 8 12 8 Update Cost Opinions 8 4 8 8 6 Final Report 6 0 10 0 4 12 0 20 0 0 8 0 8 0 1,000.00$ 68 9,526.00$ Update Report Exhibits based on Stakeholder Feedback 2 4 4 4 8 4 4 Update Report -Write Prefered Alternative, Recommendation and Conculsions sections, update report based on Alternative Design Changes 4 6 8 12 4 4 7 Coordination,Meetings,Project Administration &Quality Assurance 12 0 0 0 0 0 16 52 0 0 28 0 10 0 1,000.00$ 118 20,224.00$ Kickoff meeting and Initial Stakeholder Coordination (1 Each)4 4 4 1,988.00$ Stakeholder Meetings (2 Each)8 8 8 4 4,256.00$ Staff hour Estimate By firm and Staff Title Direct Costs (Outside Consultants,P rinting /Mileage) Total By Task Hatch Mott MacDonald V3 Companies Task Exhibit B Page 40 of 45 Pr o j e c t M a n a g e r Se n i o r E n g i n e e r Pr o j e c t E n g i n e e r Es t i m a t o r Te c h n i c i a n Ad m i n . A s s i s t . D i v i s i o n D i r e c t o r Se n i o r P r o j e c t Ma n a g e r Se n i o r R R En g i n e e r Se n i o r S t r u c t u r a l En g i n e e r Pr o j e c t E n g i n e e r D es i g n E n g i n e e r CA D D T e c h . I Su r v e y o r Man- hours Estimated Fees Staff hour Estimate By firm and Staff Title Direct Costs (Outside Consultants,P rinting /Mileage) Total By Task Hatch Mott MacDonald V3 Companies Task Public Involvement Event (1 Each)4 4 4 1,480.00$ City Council Meeting (1 Each)4 4 2 1,340.00$ Engineering Committee Meeting (1 Each)4 4 City Staff Meetings (3 Each)12 4 2,720.00$ Project Administration 16 3,040.00$ Quality Assurance Reviews 16 3,200.00$ -$ Total Project Estimated Cost 66 36 118 88 76 26 16 153 56 56 212 112 46 0 1,875.00$ 1061 138,675.00$ Optional Services Pick-up survey at Tunnel & Bridge Locations 16 32 48 3,680.00$ 0 -$ 0 0 0 0 0 0 0 0 0 0 0 0 16 32 -$ 48 3,680.00$ Subtotal (hours):66 36 118 88 76 26 16 153 56 56 212 112 62 32 Avg Hourly Billing Rate $197.00 $185.00 $96.00 $113.00 $106.00 $60.00 $200.00 $190.00 $190.00 $130.00 $110.00 $85.00 $70.00 $80.00 Total:$13,002 $6,660 $11,328 $9,944 $8,056 $1,560 $3,200 $29,070 $10,640 $7,280 $23,320 $9,520 $4,340 $2,560 $1,875.00 Salary Cost $140,480.00 Direct Costs $1,875.00 Total Cost $142,355.00 $48,990 $91,490.00 Exhibit B Page 41 of 45 Exhibit B Page 42 of 45 ATTACHMENT 4 V3 Companies Direct Expense Rates for Work Order #5 ITEM DESCRIPTION CONTRACT RATE UNIT Vehicle Mileage (per GOVERNOR’S TRAVEL CONTROL BOARD)Up to state rate maximum $0.54 mile Vehicle Owned or Leased $32.50/half day (4 hours or less) or $65/full day $65.00 Day Tolls (per toll)Actual cost Actual Cost Each Parking Actual cost Actual Cost Each Overnight Delivery/Postage/Courier Service Actual cost Actual Cost Each Copies of Deliverables - 8.5x11 B&W Impressions (Outside/Inside)Per Page $0.06 per page Copies of Deliverables - Half Size Bond (Outside/Inside)Per Page $0.30 per page Color Display Boards (6 sq ft typical)Per Board $40.00 Each Copies of Deliverables - 8.5x11 Color Impressions (Outside/Inside)Per Page $0.60 per page Report Binding (Outside/Inside) Per Report $6.00 Each Premium Portion of Overtime Actual cost (1.5x rate) (Only if required and approved in writing by the City)Actual Cost per hour Exhibit B Page 43 of 45 Project Schedule The following is a presentation of our anticipated project timeline, which is based on reasonable review times for each of the involved stakeholder agencies. Task Start Date Completion Date Notice to Proceed March 22, 2016 Project kickoff meeting (Des Plaines) March 28, 2016 April 1, 2016 Data Collection March 23, 2016 April 8, 2016 Topographic Survey (if necessary) March 23, 2016 April 8, 2016 Stakeholder Meeting – Alternative Brainstorming April 4, 2016 April 8, 2016 Alternative Development April 18, 2016 May 16, 2016 Cost Opinion Development May 16, 2016 May 27, 2016 Stakeholder Meeting – Alternative Recommendations May 30, 2016 June 3, 2016 Preferred Alternative Development June 6, 2016 June 24, 2016 Preferred Alternative Cost Opinion Development June 27, 2016 July 8, 2016 Stakeholder Meeting – Preferred Alt. Presentation July 11, 2016 July 15, 2016 Prepare Feasibility Study Report July 18, 2016 July 29, 2016 Final Report Review by Stakeholders August 1, 2016 August 19, 2016 Address Report Comments August 22, 2016 September 2, 2016 Issue Final Report September 5, 2016 September 9, 2016 Exhibit B Page 44 of 45 %L N H ( [ K L E L W  G J Q                30 Ex h i b i t B Page 45 of 45 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1111 Joseph J. Schwab Road Des Plaines, IL 60016 P: 847.391.5464 desplaines.org Date: March 8, 2015 To: Mike Bartholomew, MCP, LEED-AP, City Manager From: Tom Bueser, Superintendent of General Services Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Timothy Watkins, Assistant Director of Public Works and Engineering Subject: Bid Award – Repair and Utility Location of Street Lights and Underground Wires Issue: The City Council authorized the advertisement for the multi-year streetlight maintenance, repair, and location of underground wiring bid at its January 19, 2016 meeting. Analysis: One response was received from three vendors who downloaded the specifications on the City’s website. The bid was opened by the City Clerk at the 3/7/16 City Council meeting. H&H Electric was the sole bidder and has been the successful low bidder for several years. H&H’s labor rates for 2016 through 2018 are $75.00 per hour for straight time and $112.50 for overtime (Mon-Fri 3:30 pm to 7 am and weekends). The bid specifications stipulate that materials and parts markup cannot exceed 15% over the contractor’s actual cost. We have been very satisfied with H&H Electric’s response time and workmanship in the past. Recommendation: We recommend award of the bid for repair and utility location of street lights and underground wiring to H&H Electric, 2830 Commerce Street, Franklin Park, IL 60131, at the following costs: Labor 7:00 a.m. – 3:30 p.m. Monday through Friday $75.00 per hour Labor 3:30 p.m. – 7:00 a.m. nights and weekends $112.50 per hour Bucket/Lift Truck $90.00/hour Service Truck $1.00/hour Backhoe $1.00/hour Air Compressor $1.00/hour Trencher $1.00/hour Pickup Truck $1.00/hour MEMORANDUM Page 1 of 14 Source of funding this contract would be budgeted Street/Grounds Maintenance Division, Repairs and Maintenance account (100-50-530-0000.6325) in the amount of $25,000 and TIF #1 account (201-00-000- 0000.6325) in the amount of $20,000 for a total of $45,000. Attachments: Resolution R-56-16 Exhibit A – Contract Page 2 of 14 1 CITY OF DES PLAINES RESOLUTION R - 56 - 16 A RESOLUTION APPROVING AN AGREEMENT WITH H&H ELECTRIC CO. FOR STREETLIGHT, UTILITY, AND OTHER ELECTRICAL REPAIR WORK. 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 funds in the Streets/Grounds Maintenance Fund and the TIF #1 Fund for use by the Public Works and Engineering Department during the 2016 fiscal year for the procurement of streetlight, utility, and other electrical repair work as needed by the City ("Work"); and WHEREAS, Pursuant to Chapter 10 of Title 1 of the City of Des Plaines City Code and the City’s purchasing policy, City staff invited bids for the procurement of the Work for a period of three years; and WHEREAS, the City received one bid, which was opened on March 7, 2016; and WHEREAS, H&H Electric Co. ("Contractor") submitted the lowest responsible bid for the Work; and WHEREAS, the City desires to enter into a three-year contract with Contractor for the performance of Work at the time and material costs set forth in Contractor’s bid and in the not-to- exceed amount of $45,000 per year, subject to the appropriation of funds for the Work by the City Council in future fiscal years ("Contract"); and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Contract with Contractor; 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 CONTRACT. The City Council approves the Contract in substantially the form attached to this Resolution as Exhibit A, and in a final form approved by the General Counsel. Page 3 of 14 2 SECTION 3: AUTHORIZATION TO EXECUTE CONTRACT. The City Council authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, the final Contract. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this _____ day of ____________, 2016. APPROVED this _____ day of _____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Agreement with H&H Electric for Repair & Utility Location of Street Lights and Underground Wires 2016 #39751195_v2 Page 4 of 14 Exhibit A Page 5 of 14 Exhibit A Page 6 of 14 Exhibit A Page 7 of 14 Exhibit A Page 8 of 14 Exhibit A Page 9 of 14 Exhibit A Page 10 of 14 Exhibit A Page 11 of 14 Exhibit A Page 12 of 14 Exhibit A Page 13 of 14 Exhibit A Page 14 of 14 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1111 Joseph J. Schwab Road Des Plaines, IL 60016 P: 847.391.5464 desplaines.org Date: March 10, 2016 To: Mike Bartholomew, MCP, LEED-AP, City Manager From: Tom Bueser, Superintendent of General Services Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Timothy Watkins, Assistant Director of Public Works and Engineering Subject: Bid Award –Hot Mix Asphalt Issue: The 2016 City budget includes funding in the Street/Grounds Division, Street Repair and Maintenance account for the purchase of Hot Mix Asphalt (HMA) material from an outside vendor to make street repairs as needed. City Council gave authorization to advertise for bid for unit pricing of hot mix asphalt at the February, 16, 2016 Council meeting. Analysis: The 2015 HMA purchase was bid with an opening date of March 10, 2016. The material will be picked up at the vendor’s plant by Public Works vehicles and applied to the street. Two bids were received from qualified vendors. Arrow Road Construction Company was the lowest responsible bidder as shown in the bid tabulation below: COMPANY Price per Ton IDOT Spec. Hot Mix Estimated Quantity Price Per Ton Modified Surface Hot Mix Estimated Quantity Extension Per Estimated Quantity Arrow Road Construction Co. $47.00 200 tons $43.65 2,500 tons $118,525 Orange Crush, LLC $46.88 200 tons $43.88 2,500 tons $119,076 Recommendation: We recommend award of the bid for the 2016 purchase of hot mix asphalt to Arrow Road Construction Company, 3401 S. Busse Road, PO Box 334, Mt. Prospect, IL 60056 in the not-to-exceed amount of $170,000. This material will be funded from the Street Maintenance Supplies – Street R&M account (100- 50-530-0000.7055) in the amount of $100,000 and the Capital Projects Supplies – Capital Maintenance account (400-00-000-0000.7065) in the amount of $70,000. Attachments: Resolution R-57-16 Exhibit A – Arrow Road Construction Company Contract MEMORANDUM Page 1 of 11 1 CITY OF DES PLAINES RESOLUTION R - 57 - 16 A RESOLUTION APPROVING AN AGREEMENT FOR THE PURCHASE OF HOT MIX ASPHALT FROM ARROW ROAD CONSTRUCTION, CO. 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 funds in the Street Maintenance Supplies fund and the Capital Projects Supplies fund for use by the Public Works and Engineering Department during the 2016 fiscal year for the purchase of: (i) hot mix asphalt meeting IDOT specifications ("IDOT Spec. Asphalt"); and (ii) modified surface hot mix asphalt (“Modified Surface Asphalt”); and WHEREAS, pursuant to Chapter Ten of Title One of the City of Des Plaines City Code, the City issued an invitation for bids for the purchase of the IDOT Spec. Asphalt and Modified Surface Asphalt; and WHEREAS, the City received two bids, which were opened on March 10, 2016; and WHEREAS, Arrow Road Construction, Co. ("Vendor"), submitted the lowest responsible bid in the amounts of: (i) $47 per ton for IDOT Spec. Asphalt; and (ii) $43.65 per ton for Modified Surface Asphalt; and WHEREAS, the City desires to enter into an agreement with Vendor for the purchase of IDOT Spec. Asphalt in the amount of $47 per ton and Modified Surface Asphalt in the amount of $43.65 per ton, all in the not-to-exceed amount of $170,000 ("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 for the purchase of the IDOT Spec. Asphalt and the Modified Surface Asphalt in the not-to-exceed amount of $170,000; 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 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. Page 2 of 11 2 SECTION 3: 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. 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 ____________, 2016. APPROVED this _____ day of _____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Agreement for Purchase of Hot Mix Asphalt from Arrow Construction Co. 2016 Page 3 of 11 Exhibit A Page 4 of 11 Exhibit A Page 5 of 11 Exhibit A Page 6 of 11 Exhibit A Page 7 of 11 Exhibit A Page 8 of 11 Exhibit A Page 9 of 11 Exhibit A Page 10 of 11 E x h i b i t A P a g e 1 1 o f 1 1 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1111 Joseph J. Schwab Road Des Plaines, IL 60016 P: 847.391.5464 desplaines.org Date: March 3, 2016 To: Mike Bartholomew, MCP, LEED-AP, City Manager From: Richard Valent, Superintendent of Utility Services Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Timothy Watkins, Assistant Director of Public Works and Engineering Subject: M.E. Simpson Co., Inc. Professional Services Master Contract Approval Issue: The City would like to enter a Professional Services Master Contract with M.E. Simpson Co., Inc. for leak detection, valve assessment, and fire flow testing services. Analysis: M.E. Simpson Co., Inc. has previously provided leak detection and valve assessment services to the City and we would like to incorporate fire flow testing services as well. Prior services have been performed satisfactorily with detailed deliverables and acceptable pricing. M.E. Simpson Co., Inc. is well respected in the industry for these services and is utilized by many neighboring municipalities. Recommendation: We recommend that the Professional Engineering Services between the City of Des Plaines and M.E. Simpson Co., Inc., 3406 Enterprise Avenue, Valparaiso, IN 46383 be approved. There is no cost associated with this master contract. Attachments: Resolution R-59-16 Exhibit A - Agreement MEMORANDUM Page 1 of 27 CITY OF DES PLAINES RESOLUTION R - 59 - 16 A RESOLUTION APPROVING A MASTER CONTRACT WITH M.E. SIMPSON CO., INC., 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 retain an engineering firm to perform engineering services for the City as such services are needed over time ("Engineering Services"); and WHEREAS, M.E. Simpson Co., 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 Chapter 10 of Title 1 of the City Code of the City of Des Plaines, the City’s purchasing policy, and the Master Contract; and WHEREAS, the City Council has determined that is in the best interest of the City to enter into the Master Contract 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: 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 Master Contract from Consultant; provided, however, that if the City Clerk does not receive such executed copies of the Master Contract from Consultant within 30 days after the date of adoption of this Resolution, then this authority to execute and seal the Master Contract shall, at the option of the City Council, be null and void. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. Page 2 of 27 2 PASSED this _____ day of ____________, 2016. APPROVED this _____ day of _____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Master Contract with ME Simpson for Professional Engineering Services #39751210_v2 Page 3 of 27 Master Contract Between the City of Des Plaines And M.E. Simpson Co., Inc. For Professional Engineering Services Exhibit A Page 4 of 27 City of Des Plaines Professional Services Master Contract Professional Engineering Services i Master Contract Between the City of Des Plaines And M.E. Simpson Co., 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..................................................................1 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. .......................................................................................................................2 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 Exhibit A Page 5 of 27 City of Des Plaines Professional Services Master Contract Professional Engineering Services ii 3.8 Suspension of Services, Project. ..............................................................................6 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 ......................................................................................................10 8.1 Master Contract is At-Will. ....................................................................................10 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. ...........................................................11 Exhibit A Page 6 of 27 City of Des Plaines Professional Services Master Contract Professional Engineering Services iii ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS .......................12 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. ..............................................................................................12 9.7 Confidential Information. ......................................................................................13 9.8 Ownership of Data and Documents. ......................................................................13 9.9 Copyrights and Patents. .........................................................................................13 9.10 Notices. ..................................................................................................................13 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. ..........................................................14 9.18 Representation of No Conflicts. .............................................................................15 9.19 No Collusion. .........................................................................................................15 Exhibit A Page 7 of 27 City of Des Plaines Professional Services Master Contract Professional Engineering Services -1- Master Contract Between The City of Des Plaines And M.E. Simpson Co., Inc. For Professional Engineering Services This contract (the “Master Contract”) is dated as of [insert date] (the “Effective Date”) and is by and between the City of Des Plaines (the “City”) and M.E. Simpson Co., 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 on December 31, 2014 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. 1.6 Responsibility of Consultant to Perform. The Consultant must provide all personnel necessary to complete the Services. The Consultant must perform the Services with its Exhibit A Page 8 of 27 City of Des Plaines Professional Services Master Contract Professional Engineering Services -2- 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. 2.3 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, Exhibit A Page 9 of 27 City of Des Plaines Professional Services Master Contract Professional Engineering Services -3- 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 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. Exhibit A Page 10 of 27 City of Des Plaines Professional Services Master Contract Professional Engineering Services -4- 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 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. Exhibit A Page 11 of 27 City of Des Plaines Professional Services Master Contract Professional Engineering Services -5- 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. (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. Exhibit A Page 12 of 27 City of Des Plaines Professional Services Master Contract Professional Engineering Services -6- 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 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. Exhibit A Page 13 of 27 City of Des Plaines Professional Services Master Contract Professional Engineering Services -7- 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. (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. Exhibit A Page 14 of 27 City of Des Plaines Professional Services Master Contract Professional Engineering Services -8- (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. (f) 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. Exhibit A Page 15 of 27 City of Des Plaines Professional Services Master Contract Professional Engineering Services -9- (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 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 Exhibit A Page 16 of 27 City of Des Plaines Professional Services Master Contract Professional Engineering Services -10- 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. 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 Exhibit A Page 17 of 27 City of Des Plaines Professional Services Master Contract Professional Engineering Services -11- 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 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 Exhibit A Page 18 of 27 City of Des Plaines Professional Services Master Contract Professional Engineering Services -12- 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 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 Exhibit A Page 19 of 27 City of Des Plaines Professional Services Master Contract Professional Engineering Services -13- 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. 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: with a copy to: City of Des Plaines City of Des Plaines Public Works and Engineering Department 1420 Miner Street Exhibit A Page 20 of 27 City of Des Plaines Professional Services Master Contract Professional Engineering Services -14- 1420 Miner Street Des Plaines, Illinois 60016 Des Plaines, Illinois 60016 Attn: City Manager Attn: Director of Public Works And Engineering If to the Consultant: with a copy to: M.E. Simpson Co., Inc. M.E. Simpson Co., Inc. 3406 Enterprise Avenue 3406 Enterprise Avenue Valparaiso, IN 46383 Valparaiso, IN 46383 Attn: John H. Van Arsdel Attn: Mike Simpson 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 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 Exhibit A Page 21 of 27 City of Des Plaines Professional Services Master Contract Professional Engineering Services -15- 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 M.E. Simpson Co., Inc. By: ______________________________ By: ______________________________ Name: Mike Bartholomew Name: ______________________________ Title: City Manager Title: ______________________________ Exhibit A Page 22 of 27 City of Des Plaines Professional Services Master Contract Professional Engineering Services -1- 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 M.E. Simpson Co., 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] Exhibit A Page 23 of 27 City of Des Plaines Professional Services Master Contract Professional Engineering Services -2- CITY CONSULTANT _______________________________ __________________________________ Signature Signature Director of Public Works __________________________________ And Engineering Name (Printed or Typed) ____________________, 20____ ____________________, 20____ Date Date If greater than, $[2,500], 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 Exhibit A Page 24 of 27 City of Des Plaines Professional Services Master Contract Professional Engineering Services -1- 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 M.E. Simpson staff times the appropriate category’s billing rate as shown below. M.E. Simpson Hourly Rates - 2016 Normal Business Hours (6:30am – 4:30pm) Field Teams (includes vehicles and equipment) - $225 per hour Administration (includes oversight and QA/QC) - $75 per hour Emergency After Hours (4:30pm – 6:30am, weekends and holidays) Field Teams (includes vehicles and equipment) - $295 per hour Administration (including oversight and QA/QC) - $80 per hour Billing rates for subsequent years will be adjusted to reflect annual salary rate adjustments. Exhibit A Page 25 of 27 City of Des Plaines Professional Services Master Contract Professional Engineering Services Task Change Order: Task Number ___ -1- 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] Exhibit A Page 26 of 27 City of Des Plaines Professional Services Master Contract Professional Engineering Services Task Change Order: Task Number ___ -2- CITY CONSULTANT _______________________________ __________________________________ Signature Signature Director of Public Works __________________________________ And Engineering Name (printed or typed) ____________________, 20____ ____________________, 20____ Date Date If compensation increase greater than $[2,500], then 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 #10250753_v1 Exhibit A Page 27 of 27 Human Resources 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5486 desplaines.org Date: March 11, 2016 To: Michael G. Bartholomew, City Manager From: John Light, Director of Human Resources Re: Collective Bargaining Agreement (CBA) Ratification – MAP #241 ____________________________________________________________________________________ Issue: The contract with the City of Des Plaines Metropolitan Alliance of Police Des Plaines Command Chapter #241 expired December 31, 2014. The parties have been in negotiations on a successor agreement since prior to December 31, 2014. The negotiating teams reached tentative agreements in early 2016 and the Union Membership has ratified the proposed Contract in February 2016 by a unanimous vote (10-0). Analysis: The Contract applies to 10 members of the Police Department holding the rank of Sergeant. Significant provisions of the Contract include the following: 1.Term: Two (2) Year Contract (January 1, 2015 – December 31, 2016). Bargaining of a successor agreement will likely begin this fall. 2.Wages: Annual wage adjustments compare favorably to external comparables and are similar to other settled contracts for internal public safety comparables. a.2015 – 2.5% retroactive for active employees to January 1, 2015 b. 2016 – 2.5% Internal Public Safety Comparables Public Safety Group 2015 2016 IAFF (Fire Fighters) 2.50% 2.50% MAP #240 (Police Officers) 2.25% 2.25% MAP #241 (Police Command) 2.50% 2.50% 3.Uniforms: The uniform allowance for the position of Detective Sergeant was reduced by $100.00 annually. Recommendation: I recommend the Council approve the proposed agreement between the City of Des Plaines and the Metropolitan Alliance of Police Des Plaines Command Chapter #241. Attachments: Attachment 1 – Resolution R-60-16 approving a Collective Bargaining Agreement with the Metropolitan Alliance of Police Des Plaines Command Chapter No. 241 Exhibit A – Collective Bargaining Agreement between The City of Des Plaines and The Metropolitan Alliance of Police Des Plaines Command Chapter #241 MEMORANDUM Page 1 of 38 1 CITY OF DES PLAINES RESOLUTION R - 60 - 16 A RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT WITH THE METROPOLITAN ALLIANCE OF POLICE DES PLAINES COMMAND CHAPTER NO. 241. WHEREAS, the City is a home rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois of 1970 authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the police personnel in the ranks of Sergeant and Lieutenant employed by the City of Des Plaines ("Police Personnel") are represented by the Metropolitan Alliance of Police Des Plaines Command Chapter No. 241 ("Union"); and WHEREAS, the City and the Union desire to enter into a two-year collective bargaining agreement regarding the terms of employment of the Police Personnel by the City ("Agreement"); and WHEREAS, the Union membership voted to ratify the Agreement on February 24, 2016; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Agreement with the Union; 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 AGREEMENT. The City Council approves the Agreement by and between the City and the Union in substantially the form attached to this Resolution as Exhibit A. SECTION 3: EXECUTION OF AGREEMENT. The City Manager and the City Clerk are authorized and directed to execute and seal, on behalf of the City, the Agreement upon receipt by the City Clerk of at least one original copy of the Agreement executed by the Union; provided, however, that if the executed copy of the Agreement is not received by the City Clerk within 60 days after the effective date of this Resolution, then this authority to execute and attest shall, at the option of the City Council, be null and void. Attachment 1 Page 2 of 38 2 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 ____________, 2016. APPROVED this _____ day of _____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Collective Bargaining Agreement With Metropolitan Alliance of Police Local 241 #39762025_v1 Attachment 1 Page 3 of 38 {00310983.DOC v. 1 } COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DES PLAINES AND THE METROPOLITAN ALLIANCE OF POLICE DES PLAINES COMMAND CHAPTER #241 JANUARY 1, 2015 – DECEMBER 31, 2016 Exhibit A Page 4 of 38 {00310983.DOC v. 1 }2 CITY OF DES PLAINES and THE METROPOLITAN ALLIANCE OF POLICE DES PLAINES COMMAND CHAPTER #241 PREAMBLE This Agreement made this ____ day of 2012 2015, by and between the CITY OF DES PLAINES, hereinafter referred to as the “City,” and the METROPOLITAN ALLIANCE OF POLICE DES PLAINES COMMAND CHAPTER #241 hereinafter referred to as the “Chapter,” WITNESS TO: WHEREAS, it is the intent and purpose of this Agreement to promote and improve employee relations between the City and its employees; aid toward the economical and efficient operation of the City; make reasonable provisions for the safety and health of the employees; accomplish and maintain the higher efficiency and quality of work performance; provide methods for a prompt and peaceful adjustment of grievances; insure against any interruption of work, slowdown or other interference with work performance; strengthen good will, mutual respect, and cooperation; and set forth the agreement covering general rates of pay, hours of work and certain other conditions of employment to be observed between the parties to this Agreement. NOW, THEREFORE, the parties agree as follows: Exhibit A Page 5 of 38 {00310983.DOC v. 1 }3 ARTICLE I RECOGNITION Section 1.1. Recognition The City recognizes the Chapter as the sole and exclusive bargaining agent with respect to wages, hours and certain other conditions of employment for all police personnel in the ranks of Sergeant and Lieutenant employed by the City of Des Plaines, but excluding all police personnel in the rank of Patrol Officer, Commander, Deputy Chief and Chief of Police and all other positions employed by the City of Des Plaines, as well as supervisory, managerial and confidential employees as defined by the Act. Section 1.2. Sole Collective Bargaining Agent The City will bargain with no other bargaining representative with respect to this bargaining unit during the term of this Agreement and further agrees not to enter into any other agreements or contracts with its employees, individually or collectively, which in any way conflict with the terms and provisions of this Agreement. Section 1.3. Management Rights Except to the extent expressly abridged by a specific provision of this Agreement, the Chapter recognizes and agrees that the City reserves and retains, solely and exclusively, all of its rights to manage the affairs of the City, as such rights existed prior to the execution of this Agreement with the Chapter. The sole and exclusive rights and responsibilities of management which are not abridged by this Agreement shall include, but are not limited to, the right to determine the existence or non-existence of facts which are the basis of a City or management decision; to establish or continue policies, practices and procedures for the conduct of the business of the City and its Police Department and from time to time to change or abolish such policies, practices or procedures; the right to determine and from time to time re-determine the methods, equipment, Exhibit A Page 6 of 38 {00310983.DOC v. 1 }4 facilities and materials to be employed; to determine the number of hours per day or per week operations must be carried on; to determine qualifications for work; to assign work to such employees in accordance with the requirements determined by the City; to establish and change schedules and assignments; to hire, transfer, promote, or otherwise relieve employees from duty for legitimate reasons; to make and enforce reasonable rules; to suspend, discharge or otherwise to take such measures as the City may determine to be necessary for the orderly, safe and efficient operation of the City and its several departments. All of the rights, functions and prerogatives of the City and its designated management which are not expressly and specifically restricted or modified by an explicit provision of this Agreement are reserved and retained exclusively by the City and shall not be subject to arbitration. In no event shall any right, function or prerogative of the City and its designated management ever be deemed or construed to have been modified or impaired by any past practice or course of conduct, or otherwise than by an explicit provision of this Agreement. Section 1.4. Dues Deduction Upon receipt of a signed authorization from an employee, the City agrees for the duration of this Agreement to deduct from such employee’s pay, uniform monthly Chapter dues. The Chapter will notify the City in writing of the amount of the union dues to be deducted. Deductions shall be made on the second City payday of each month and shall be remitted, together with an itemized statement, to the Treasurer of the Chapter by the 15th day of the month following the month in which the deduction is made. The Chapter shall indemnify the City and hold it harmless against any and all claims, demands, suits, or other forms of liability that may arise out of, or by reason of, any action taken by the City for the purpose of complying with the provisions of this Article. Exhibit A Page 7 of 38 {00310983.DOC v. 1 }5 ARTICLE II FAIR SHARE Section 2.1. Fair Share Any present officer who is not a member of the Union shall, as a condition of employment, be required to pay a fair share (not to exceed the amount of Union dues) of the cost of the collective bargaining process, contract administration in pursuing matters affecting wages, hours, and other conditions of employment, but not to exceed the amount of dues uniformly required of members. All officers hired on or after the effective date of this Agreement and who have not made application for membership shall, on or after the thirtieth (30th) day of their promotion, also be required to pay a fair share as defined above. With respect to any officer on whose behalf the Employer has not received a written authorization as provided for above, the Employer shall deduct from the wages of the officer the fair share financial obligation including any retroactive amount due and owing, and shall forward said amount to the Union on the tenth (10th) day of the month following the month in which the deduction is made, subject only to the following: 1. The Union has certified to the Employer that the affected officer has been delinquent in his obligations for at least thirty (30) days; 2. The Union has certified to the Employer that the affected officer has been notified in writing of the obligation and the requirement for each provision of this Article and that the employee has been advised by the Union of his obligations pursuant to this Article and of the manner in which the Union has calculated the fair share fee; 3. The Union has certified to the Employer that the affected officer has been given a reasonable opportunity to prepare and submit any objections to the payment and has been afforded an opportunity to have said objections adjudicated before an impartial arbitrator assigned by the Exhibit A Page 8 of 38 {00310983.DOC v. 1 }6 employee and the Union for the purpose of determining and resolving any objections the officer may have to the fair share fee. A. RELIGIOUS OBJECTIONS The obligation to pay a fair share fee to the Union shall not apply to any employee, who on the basis of a bona fide religious tenet, teaching or a church or religious body of which such employee is a member, objects to the payment of a fair share fee to the Union. Upon proper substantiation and collection of the entire fee, the Union will make payment on behalf of the employee to a non-religious charitable organization mutually agreed to by the objecting employee and the Union. If the employee and the Union are unable to agree upon a non-religious charitable organization, the organization shall be determined in accordance with the procedures established by the Illinois State Labor Relations Board. B. INDEMNIFICATION The Union agrees to indemnify and save the City harmless against any claims, demands, suits or other form of liability which may arise by reason of any action taken or omitted by the Union or City in complying with the provisions of this Article. The foregoing indemnification clause shall not require the Union to indemnify or hold the City harmless in the event the City initiates a cause of action against the Union, unless the City initiates such an action in response to a claim or cause of action initiated by another party. ARTICLE III CONFLICT WITH LAW Section 3.1. Conflict of Law If any provisions of this Agreement are subsequently declared by legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes or ordinances, Exhibit A Page 9 of 38 {00310983.DOC v. 1 }7 all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. Section 3.2. Non-Discrimination There shall be no discrimination because of race, color, religion, sex, national origin, disabilities, Chapter membership or Chapter activities. Grievances alleging a violation of this Section 3.2 shall not be appealed to the arbitration step of the Grievance Procedure. ARTICLE IV WORK INTERRUPTION Section 4.1. Work Interruption During the period of this Agreement, the Chapter, its officers, representatives and members shall not authorize, instigate, cause, aid, encourage, ratify or condone, nor shall an employee take part in any work interruption, slow-down, stoppage of work including mass sick calls, boycott, picketing or other interruption of or interference with the operation of the City or City properties. Failure or refusal on the part of an employee to comply with any provision of this Article shall be cause for whatever disciplinary action, including suspension or discharge, is deemed necessary by the City, and the City shall have the right to take such disciplinary action in addition to all other rights and remedies which the City may have or to which it is entitled, both at law and in equity. The City will not lock out any employees during the term of this Agreement as a result of a labor dispute with the Chapter. Exhibit A Page 10 of 38 {00310983.DOC v. 1 }8 ARTICLE V GRIEVANCE PROCEDURE Section 5.1. Procedure Should any dispute arise between the City and the Chapter and the City and any of its employees involving the interpretation or application of any of the specific provisions of this Agreement, any matter involving the violation of any of the specific provisions of this Agreement or the written reprimand of an employee such dispute shall be settled in accordance with the following procedure: STEP 1. Between the employee and his immediate supervisor. If the Grievance is not satisfactorily settled within fourteen (14) calendar days after presentation of the grievance, it shall be reduced to writing indicating the article and Section violated and the remedy sought, dated and signed by the employee and the immediate supervisor on a form provided for the purpose, and appealed to Step 2 within fourteen (14) calendar days of the receipt of the immediate supervisor’s answer. STEP 2. Between the Division Commander Deputy Chief, the employee and the Chapter representative within fourteen (14) calendar days from the date of its appeal from Step 1. If the grievance is not satisfactorily settled within fourteen (14) calendar days of its presentation in Step 2, it may be appealed to Step 3 within fourteen (14) calendar days of receipt of the Division Commander’s Deputy Chief’s answer. STEP 3. Between the Chief, the employee and the Chapter representative within fourteen (14) calendar days from its appeal from Step 2. If the grievance is not satisfactorily settled within fourteen (14) calendar days of its presentation in Step 3, the Chapter may appeal the grievance to Step 4 within fourteen (14) calendar days of the receipt of the Chiefs answer. Exhibit A Page 11 of 38 {00310983.DOC v. 1 }9 STEP 4. Between the City Manager or designee, the employee and the Chapter Representative within fourteen (l4) calendar days from its appeal from Step 3. If the grievance is not satisfactorily settled within fourteen (14) calendar days of its presentation in Step 4, the Chapter may appeal the grievance to arbitration within twenty-one (21) calendar days of the receipt of the last answer given by the City. STEP 5. In the event the grievance has not been satisfactorily settled, the grievance may be submitted to an impartial arbitrator. The party requesting arbitration shall request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. All persons on such list shall be members of the National Academy of Arbitrators. Within twenty-one (21) days of receipt of the list of arbitrators, the parties shall alternately strike three names each until one name alone remains. The person whose name remains shall be the arbitrator. Awards of the arbitrator shall be final and binding and shall determine the subject of the arbitration for the duration of this Agreement. Jurisdiction of the arbitrator shall be only in regard to the particular dispute before him, and he shall have no power or authority to add to, subtract from, modify or change in any way any of the terms of this Agreement, or to write any new clause, change an existing clause, or write a new Agreement, nor shall he establish wage scales, change any wages or rates of pay. The arbitrator shall have no power to pass upon any subject not specifically provided for in this Agreement or any function that belongs to the City or its designated management as provided for in Article I, Section 1.3. If the grievance concerns matters not covered by this Agreement, it shall be returned by the arbitrator to the parties without decision. Each party shall assume the cost of presenting its case before the arbitrator. The expenses and fees of the arbitrator shall be shared jointly by both parties. Exhibit A Page 12 of 38 {00310983.DOC v. 1 }10 The City shall have the right to sue at law or in equity in any court of competent jurisdiction, federal or state, to enforce this Agreement or to recover for any breach or violation thereof. Section 5.2. Timeliness of Grievances All grievances shall be presented within fourteen (14) calendar days after the cause of the grievance arises or said grievance shall be deemed abandoned. All grievances must be appealed and all answers given within the time limits established in each step of the grievance procedure or they shall be considered settled on the basis of the City’s last answer. Exceptions to these time limits may be agreed to in writing by the parties. If the City fails to provide an answer within the time limits so provided, the Chapter may immediately appeal to the next Step. When the grievant is informed by the employer’s representative at any Step that such representative lacks authority to resolve the grievance, the grievant may immediately proceed to the next higher Step. All grievance discussions and investigations shall take place in a manner which does not interfere with City operations. Section 5.3. Right to File Grievances The Chapter, or any member thereof, shall have the right to prosecute grievances under this Agreement, but only the Chapter shall have the right to take to arbitration any grievance which is otherwise arbitrable under this Agreement. Section 5.4. Police and Fire Commission If the grievance concerns discipline in excess of a five (5) day suspension or discharge for cause, the employee must elect, within 21 days, whether to proceed before the Board of Fire and Police Commissioners or to proceed through the grievance procedure. In the event the employee elects to proceed under the grievance procedure, he shall indicate in writing his choice and specifically waive any right he might otherwise have to proceed before the Board of Fire and Police Commissioners or to proceed to court to review a decision of the Board of Exhibit A Page 13 of 38 {00310983.DOC v. 1 }11 Fire and Police Commissioners. In the event the employee elects to proceed before the Board of Fire and Police Commissioners, he shall indicate in writing his choice and specifically waive any right he might otherwise have to proceed under the grievance procedure. Other matters subject to the jurisdictions of the Board of Fire and Police Commissioners are not subject to this grievance procedure. It is further understood that nothing in this Agreement shall limit the right of the Chief to suspend an employee for up to five (5) days, nor shall this Agreement limit the right of such employee so suspended to appeal to the Board of Fire and Police Commissioners within twenty-four hours after such suspension for a review thereof. If a supervisor meets with an employee for the purpose of discussing a disciplinary matter that might lead to disciplinary action against that employee that would be subject to the jurisdiction of the Des Plaines Board of Fire and Police Commissioners, the employee, if he/she so desires, shall have the right to have the presence of a local Chapter representative at such meeting. If a local Chapter representative is asked to attend such a meeting, he/she shall attend as an observer only unless the parties agree that the Chapter representative may participate. The Chapter’s representative and said employee shall be allowed a reasonable time together to discuss the matters involved. Section 5.5. Purge of Field File The City agrees that copies of all minor reprimands on file for a period of twenty-four (24) months or more shall be removed from the supervisor’s “field file.” Such materials may be retained by the City in a separate file, but will not be relied upon as a basis for future disciplinary action against the officer who received the minor reprimand. As used herein, “minor reprimand” shall mean any disciplinary action which has not resulted in either a suspension by the Chief or written charges before the Board of Fire and Police Commissioners or arbitrator. Exhibit A Page 14 of 38 {00310983.DOC v. 1 }12 All sergeants covered by this Agreement shall receive written notice of any entry into the supervisor’s field file within a reasonable period of time of such entry, not to exceed seven (7) days. ARTICLE VI COMPENSATION Section 6.1 Wages All bargaining unit employees shall be compensated in accordance with the Pay Plan set forth in Appendix A attached hereto and made part hereof. Employees covered by this Agreement who are still on the active payroll as of the beginning of the next payroll period following ratification of this Agreement by both parties shall receive a retroactive payment based upon the difference between what they were paid in wages between January 1, 2015 and the beginning of said payroll period and the wages they would have received during the same period of time based upon the applicable salary ranges set forth in this Agreement, provided that any employee who was promoted or retired in good standing after January 1, 2015, but before this Agreement was ratified by both parties shall also be eligible to receive retroactive pay based on the hours worked between January 1, 2015 and the date of promotion or retirement. Such retroactive pay shall be made on an hour for hour basis for all hours paid (including overtime hours) since January 1, 2015. In the event that the Pay Plan is implemented after January 1, 2015 then all compensated hours shall be retroactive to the new pay rate for said period. In the event this Agreement is not ratified or resolved by January 1, 2015, The City shall, within forty five (45) days of the effective date of this Agreement, pay to each employee all retroactive wages for all hours compensated, including but not limited to regular and overtime hours, vacation, holiday and sick leave hours. Exhibit A Page 15 of 38 {00310983.DOC v. 1 }13 This section Unless otherwise specified, nothing in this Agreement shall not be construed or interpreted as applying to or making retroactive any other economic or non-economic provision or term of this Agreement. Section 6.2. Performance Appraisals All employees who are hired, transferred or assigned to one of the above job classifications shall receive no less than Step A of the salary range for the classification to which they are assigned. Advancement from one step to another within the salary range shall be made on the basis of periodic performance appraisals. Such performance appraisals shall be made once per year and prior to an employee’s anniversary date. Each performance appraisal shall be discussed with the employee along with the reasons for the granting or denial of a scheduled step increase. Each employee, upon request, will be furnished with a copy of his previous performance appraisal along with a written statement of the reason for granting or denying any step increase. Section 6.3 Advancement in Salary Schedule Sergeants in Step A will advance to Step B after twelve (12) months continuous employment by the City in the rank of Sergeant. Lieutenants in Step A will advance to Step B after twelve (12) months continuous employment by the City in the rank of Lieutenant. Lieutenants in Step B will advance to Step C after twenty-four (24) months continuous employment by the City in the rank of Lieutenant. Effective January 1, 2012 and for the remainder of the term of the contract, Sergeants in Step A shall be eligible for advancement to Step B after twelve (12) months continuous employment by the City. Sergeants in step B shall be eligible for advancement to Step C after twenty-four (24) continuous employment by the City. Sergeants in Step C shall be eligible for Exhibit A Page 16 of 38 {00310983.DOC v. 1 }14 advancement to Step D after thirty-six (36) months continuous employment by the City. Lieutenants will advance as previously noted in this section. Section 6.4. Denial of Step Advancement If an employee believes that the denial of advancement in the schedule is arbitrary, capricious or constitutes an abuse of managerial discretion, the employee may file a grievance at Step 3 of the grievance procedure set forth in Article V of this Agreement within one week after receiving notification of the denial. If an employee is denied advancement in the salary schedule, the employee may request that such denial be reviewed six months after denial. Employees granted advancement as a result of such six-month review, shall be thereafter eligible for advancement to the next regularly scheduled step. Section 6.5. Court Pay Effective February 1, 2011 An employee shall be paid at one and one-half (1.5) times their hourly rate of pay for a minimum of three (3) hours for an initial court appearance and any additional court appearances during their off-duty hours. In the event that an employee is required to make additional Court appearances on any one day beyond the first half-day, he/she will be paid at one and one-half (1.5) times their hourly rate of pay for a minimum of three (3) hours for any and all appearances during the second half-day, if the second half-day falls within his/her off-duty hours. Court pay shall also apply when employees are subpoenaed as a witness or complainant, or ordered to appear at a criminal or civil proceeding that arose out of their duties as a police officer for the City. Employees shall receive Court pay for these proceedings and any witness fees paid to such officer shall be remitted to the City. If witness fees are greater than Court pay, employees shall retain the witness fee and Court pay shall not apply. Any employee on the day shift who is held over for Court shall be compensated at the overtime rate as opposed to applying for Court pay. Any employee who is subpoenaed as a witness Exhibit A Page 17 of 38 {00310983.DOC v. 1 }15 in an administrative hearing, while off duty, shall receive a minimum of two (2) hours as overtime pay; provided however, that an employee who is the defendant or subject of an administrative hearing receives neither Court pay nor overtime pay. Section 6.6. Uniform Allowance The City shall provide to each employee on active duty status (full-duty or temporary light- duty) an annual uniform allowance as follows: Detective Sergeant: $875.00 $775.00 Patrol Sergeant: $775.00 Replacements of damaged uniforms shall be made on a depreciated value amount. Section 6.7. Differential Pay Effective for the term of this Agreement, employees who work the midnight shift, 2230- 0630 hours or 2300-0700 hours shall receive a one hundred dollar ($100.00) shift differential per month and shall be pro-rated. Section 6.8. Longevity Pay Employees in the following classifications with the continuous unbroken service records shall receive a longevity payment as follows: RANK 10 YEARS 15 YEARS 20 YEARS Lieutenant $1,062 $2,178 $3,346 Sergeant $935 $1,919 $2,950 Effective January 1, 2012 employees who are hired after November 1, 1996 shall receive longevity payment pursuant to the following table: Exhibit A Page 18 of 38 {00310983.DOC v. 1 }16 RANK 10 YEARS 15 YEARS 20 YEARS Lieutenant $1,000 $1,500 $2,000 Sergeant $1,000 $1,500 $2,000 Section 6.9. Bilingual Bonus Any officer covered by this Agreement who is certified (per department policy) as fluent in Spanish or Polish shall receive a $60.00 differential pay per month beginning after his or her probationary period. ARTICLE VII OVERTIME AND SCHEDULING Section 7.1 Schedule of Work Insofar as practical, the regular day off schedules utilized for employees covered by this Agreement shall continue for the term of this Agreement; however, the Chief may request changes by written notice to the Union for negotiations. Section 7.2 Overtime Pay One and one-half times the regular hourly rate shall be paid for all “hours worked” in excess of eight (8) hours per day (except where necessary because of a normal shift change or where the parties have agreed to modify the work schedule), all hours worked on a seventh consecutive workday where the employee was actually in attendance for the previous six days and not receiving callback or overtime pay, or all hours in excess of 48 hours in an employee’s workweek where the employee was actually in attendance and not receiving callback or overtime pay (except where necessary because of a normal shift change). For the purpose of this Section only, the regular hourly rate shall be determined by dividing the employee’s base annual salary as provided for in Article VI, Section 6.1, by 2080. The above overtime rate will not apply to voluntary changes in the regular day Exhibit A Page 19 of 38 {00310983.DOC v. 1 }17 off schedule effected in accordance with customary procedures by the Department or to changes in the regular day off schedule made by the City to comply with the contract provisions concerning the Christmas and New Years holidays. Overtime pay as it relates to consecutive work days shall not apply beyond the seventh consecutive work day. For example, an officer is scheduled and works eight consecutive work days, the first six of which are paid at straight time. The hours worked on the seventh consecutive work day would be paid at overtime. The hours worked on the eighth consecutive work day would be paid at straight time. A regular day off (“RDO”), even when worked by an officer on call back, shall be considered a day off and shall be considered a break in the number of consecutive days worked. An officer who is scheduled to work and works on his day off (call back), will still receive pay at the call back rate (one and one-half times the regular hourly rate) regardless of the number of consecutive days worked. Compensation shall not be paid more than once for the same hours under any provision of this Article or Agreement. Section 7.3 Hours Worked Holiday, personal, vacation, funeral, compensatory and sick time paid for but not worked during an employee’s regular work week shall be considered hours worked toward an employee’s required 2080 hours for a year but will not be considered hours worked for the purpose of computing overtime pay. Section 7.4. Call Back Pay Employees who are called in to report to work outside their regular scheduled working hours for that day shall receive a minimum of two (2) hours work or two (2) hours pay in lieu Exhibit A Page 20 of 38 {00310983.DOC v. 1 }18 thereof at one and one-half times the regular hourly rate as defined above. Call-back in excess of two (2) hours shall be calculated from the time that the Sergeant/Lieutenant arrives at the police station to report to duty until he/she is relieved of duty. This provision does not pertain to a Sergeant/Lieutenant who has arrived at the police station prior to his/her duty day and is requested to go on duty early. Section 7.5. Standby Pay Employees who are designated to be on standby and are restricted in their activity by the City shall receive two (2) hours pay at their overtime rate of pay for each 24 hour period or any part thereof. Section 7.5. Shift Exchange Employees may temporarily exchange shifts for a stated purpose provided the exchange has been approved by the Chief or his designee. Such approval shall not be unreasonably withheld or denied. Shift exchange is a privilege that shall not interfere with the operation of the City or result in the payment of overtime. Section 7.6. Shift Schedule The City agrees to maintain an eight (8) hour workday schedule during the term of this agreement, unless the parties mutually agree to modify the same. Section 7.7. Compensatory Time Employees who are entitled to overtime pay may elect compensatory time at time and one- half the overtime hours actually worked in lieu of payment, to a maximum accrual of eighty (80) hours, under the following conditions: A. The election to accrue compensatory time for overtime hours in lieu of payment must be made by an employee prior to the time the overtime hours are actually worked. The Chief of Police or his designee must approve the election. The election to accrue compensatory time Exhibit A Page 21 of 38 {00310983.DOC v. 1 }19 includes the designation of holiday pay under Section 9.4 as compensatory time (on an hour for hour basis, converting overtime to straight time) in lieu of payment within the limits established by Section B. B. An employee shall have until December 31st in which to use, or be paid, for any compensatory time hours accrued during that calendar year. Payment for the previous years unused compensatory time shall be paid to an officer no later than the first payroll in February. C. Compensatory time shall be granted upon the employee’s request at a time and in an amount which are mutually agreed upon by the employee and the Chief of Police or his designee. Section 7.8. Carryover of RDO’s All employees covered by this agreement will be allowed to carry over no more than ten (10) regular days off into the following new calendar year. Exceptions to the above can be made on a case-by-case basis upon written application and approval by the Chief of Police or his designee. ARTICLE VIII INSURANCE BENEFITS Section 8.1. Health Insurance Subject to the conditions of this Article, the City shall provide a health insurance program to regular full-time employees meeting the eligibility requirements of the program and certain benefits to their dependents, with an aggregate lifetime cap of $3,000,000. The City agrees that it shall not, on its own accord, reduce the health insurance benefits described in this Article during the term of the Agreement. Section 8.2 Employee Contribution to Health Insurance Premiums The City and each covered employee shall contribute, on a per-pay-period basis, a percentage of the unit cost for each health insurance plan option as described below: Exhibit A Page 22 of 38 {00310983.DOC v. 1 }20 Plan Option City Contribution Employee Contribution PPO Option #1 90% 10% HMO 95% 5% Dental Option #1 90% 10% Beginning January 1, 2013 and for the duration of this agreement, During the term of this Agreement the City and each covered employee shall contribute, on a per-pay-period basis, a percentage of the unit cost for each health insurance plan option as described below: Plan Option City Contribution Employee Contribution PPO Option #1 88% 12% HMO 93% 7% Dental Option #1 88% 12% The unit cost for each health insurance plan option shall be determined by the City’s broker/consultant on a yearly basis and implemented effective January 1, for each year the Agreement is in effect. Except for the year beginning January 1, 2013, Eemployee contributions toward the unit cost for each health insurance plan option shall not increase by more than 15% from one year to the next during the term of this Agreement. The City may, at its discretion, add, drop, or otherwise change additional plan options other than those listed above on a yearly basis and implement these changes effective January 1, for each year the Agreement is in effect. Section 8.3 Prescription Drug Benefit Through and including December 31, 2012, the prescription drug benefit for the PPO and HMO options shall consist of a three-tier formulary with the following employee co-pays: PPO: Retail Rx Mail-Order Rx $10 Generic $15 Generic $20 Formulary Brand $30 Formulary Brand $40 Non-Formulary Brand $45 Non-Formulary Brand HMO: Retail Rx Mail-Order Rx $5 Generic $5 Generic $10 Formulary Brand $10 Formulary Brand $25 Non-Formulary Brand $25 Non-Formulary Brand Exhibit A Page 23 of 38 {00310983.DOC v. 1 }21 Beginning January 1, 2013 and for the duration of this agreement, the prescription drug benefit for the PPO and HMO options shall consist of a three-tier formulary with the following employee co-pays: PPO: Retail Rx Mail-Order Rx $15 Generic $20 Generic $25 Formulary Brand $35 Formulary Brand $45 Non-Formulary Brand $50 Non-Formulary Brand HMO: Retail Rx Mail-Order Rx $10 Generic $10 Generic $15 Formulary Brand $15 Formulary Brand $30 Non-Formulary Brand $30 Non-Formulary Brand Effective January 1, 2016 PPO: Retail Rx Mail-Order Rx $10 Generic $10 Generic $25 Formulary Brand $35 Formulary Brand $40 Non-Formulary Brand $50 Non-Formulary Brand 80% for specialty medications with a maximum out of pocket of $200 per prescription, maximum annual out of pocket of $1,000. HMO: Retail Rx Mail-Order Rx $10 Generic $10 Generic $25 Formulary Brand $35 Formulary Brand $40 Non-Formulary Brand $50 Non-Formulary Brand 80% for specialty medications with a maximum out of pocket of $200 per prescription, maximum annual out of pocket of $1,000. The prescription drug benefit claims administrator shall determine the placement of each prescription drug within the appropriate tier of the formulary. Section 8.4. Flexible Benefit #125 Plan The Flexible Benefit #125 Plan will allow for pre-tax deductions (per pay period) by each covered employee for the purpose of contributing toward health insurance premiums, reimbursement of medical and dental expenses, qualified child-care expenses, and other eligible Exhibit A Page 24 of 38 {00310983.DOC v. 1 }22 expenses defined by the Internal Revenue Service (IRS). This program will be offered as long as allowed by the IRS and amended as necessary to reflect changes in the law. Section 8.5. Employee Life Insurance The City shall provide a life insurance plan with a benefit of $100,000 for each covered employee. Section 8.6. Killed in the Line of Duty Benefits Health insurance coverage for a spouse and/or dependent(s) of an employee killed in the line of duty shall be provided and paid for by the City, for a period of up to 3 years or as otherwise provided by law, unless the spouse remarries or the spouse and/or dependent(s) are covered under a separate insurance policy, in which instance the City shall pay the remainder of that which is not covered by the spouse’s or dependent’s separate insurance policy or as otherwise required by law. Section 8.7 Retiree Health Savings (RHS) Plan The City shall establish and maintain a Retiree Health Savings (RHS) plan for use upon retirement toward eligible health-related expenses defined by the Internal Revenue Service. Annually, employee’s sick leave days accrued in excess of 90 days but less than 120 days shall be paid at a rate of 75%, and the remaining 25% of sick leave days accrued shall be added to the employee’s accumulated unused sick days up to 120 days. Sick leave days accrued in excess of 120 days shall be paid at a rate of 75%. Upon retirement, or duty disability retirement, payment for unused sick leave shall be at a rate of 25% for the first 45 days and 75% for days over 45, and 100% pay for any unused vacation and personal days. These monies (annual payments and the payment upon retirement) shall be paid by the City on behalf of each contributing employee into an individual RHS account and made available upon retirement or duty disability retirement. Section 8.8. City Discretion to Select Carrier Exhibit A Page 25 of 38 {00310983.DOC v. 1 }23 The manner in which the benefits covered in this Article will be provided shall be a matter of the City’s discretion; i.e., an insurance carrier of its choice, self-insuring or any other manner deemed appropriate. Section 8.9. Dental Insurance. During the term of this Agreement the City agrees to offer employees, under the same terms and conditions that are offered to non-represented City employees, the opportunity to participate in the City’s dental insurance. Effective January 1, 2015, employees shall pay twelve (12) percent of the cost of dental insurance, if selected. ARTICLE IX HOLIDAYS AND PERSONAL LEAVE Section 9.1. Holidays The following days, or days substituted therefore, shall be considered to be holidays: New Year’s Day President’s Day Martin Luther King, Jr. Day Memorial Day Independence Day Labor Day Columbus Day Veterans’ Day Thanksgiving Day Friday after Thanksgiving Christmas Day Employees assigned to patrol duties shall observe the holiday on the day the City observes the holiday, except for News Years Day, Independence Day, and Christmas Day, on which the actual calendar day of the holiday shall be observed. All other bargaining unit employees shall observe the holiday on the day the City observes the holiday. Exhibit A Page 26 of 38 {00310983.DOC v. 1 }24 Section 9.2. Holiday Scheduling Insofar as practical, normal work schedules will be revised so that employees will not be assigned to work on both Christmas Day (including Christmas Eve) and New Year’s Day (including New Year’s Eve). Rank seniority shall prevail, including scheduled vacation days of all sergeants. Section 9.3. Holiday Pay Eligibility To be eligible for holiday pay the employee must meet the following conditions: (1) Work the employee’s scheduled work day before and the employee’s scheduled work day immediately following the holiday; (2) Report for work and actually work on the holiday if scheduled to work. Upon proper evidence submitted and, when circumstances warrant, the immediate supervisor may grant an excused absence for either the day before or the day immediately after the holiday. Section 9.4. Scheduling Holidays, Holiday Pay and Holiday Overtime All employees will be scheduled as a holiday regular day off on City recognized holidays per Section 9.1. herein. Normal day off rotation would determine what employees are scheduled to work a specific holiday. If an employee works a holiday, the employee will receive regular pay plus time and one-half for all hours worked on scheduled holidays, including overtime hours. Section 9.5 Personal Leave All employees covered by this Agreement shall annually accrue personal leave as follows: Continuous Years of Service Annual Personal Leave Accrual 1 Year to 4 Years 1 day 5 Years to 9 Years 2 days 10 Years to 14 Years 3 days 15 Years to 19 Years 4 days 20+ Years 5 days Exhibit A Page 27 of 38 {00310983.DOC v. 1 }25 Personal leave days shall be taken in the anniversary year in which the employee becomes eligible and shall not be accumulated from one anniversary year to the next. In no event shall more than five (5) personal leave days be granted in any one calendar year. Section 9.7. Personal Leave Eligibility To be eligible for personal leave accrual an employee must be in the regular active employment of the City and shall have worked a minimum of 60% of the scheduled days of work exclusive of sick leave in the twelve (12) months immediately prior to his employment anniversary date. Section 9.8. Pay Out of Accrued Personal Leave Upon Retirement Upon retirement or duty disability retirement, any accrued and unused personal leave shall be paid at 100% of the employee’s hourly rate of pay into a Retiree Health Savings (RHS) plan in accord with Article VIII, Section 8.7. Exhibit A Page 28 of 38 {00310983.DOC v. 1 }26 ARTICLE X VACATION Section 10.1 Vacation Accrual Continuous Years of Service Annual Vacation Accrual 1 Year to 4 Years 10 days 5 Years to 9 Years 15 days 10 Years to 14 Years 17 days 15 Years to 19 Years 20 days 20 Years to 24 Years 23 days 25 Years + 25 days Section 10.2 Vacation Eligibility To be eligible for a vacation accrual an employee must be in the regular active employment of the City and shall have worked a minimum of 60% of the scheduled days of work exclusive of sick leave in the twelve months immediately prior to his employment anniversary. Section 10.3. Vacation Pay Vacation pay shall be computed at the regular straight time hourly rate of the classification in which an employee is employed immediately preceding his vacation. Section 10.4 Vacation Scheduling and Accumulation The vacation season shall be from January 1st through December 31st of any calendar year. Vacations shall insofar as possible, be granted by the City at times most desired by the employees. Vacations during any one period shall be limited to such numbers and classifications as not to interfere with the normal conduct of the City. When more vacations are requested than can be granted for any one period, preference will be given to the employee with the most seniority. The final right, however, of scheduling vacations is reserved to the City to insure the efficient and continuous operation of the City. Vacations shall not be cumulative from one anniversary year to the next and in no event shall more than five (5) weeks vacation be granted in any one calendar year. Exhibit A Page 29 of 38 {00310983.DOC v. 1 }27 Section 10.5. Holidays During Vacations When a holiday falls within an employee’s regularly scheduled vacation, he shall receive his holiday pay including time off and such day shall not be counted as a day of vacation. Section 10.6. Pay Out of Accrued Vacation Upon Retirement Upon retirement or duty disability retirement, any accrued and unused vacation leave shall be paid at 100% of the employee’s hourly rate of pay into a Retiree Health Savings (RHS) plan in accord with Article VIII, Section 8.7. ARTICLE XI SICK LEAVE Section 11.1. Definition and Accumulation “Sick Leave” as used herein shall mean any illness or injury not compensated for by Workers’ Compensation. Each permanent full-time employee shall be eligible for sick leave of one day for each completed month of service cumulative up to a maximum of nine hundred and sixty (960) hours. Section 11.2. Accrual of Sick Leave An employee absent from work on legal holidays, during sick leave, vacation, for disability arising from injuries sustained in the course of his employment, or on special leave of absence with pay shall continue to accumulate sick leave at the regularly prescribed rate during such absence as though he was employed subject, however, to the maximum limitation herein provided. Section 11.3. Sick Leave Usage An employee eligible for sick leave with pay may use such sick leave upon approval of his department head for absence of regular working days due to illness, injury, exposure to contagious disease which could be communicated to other employees, or to illness or death in the employee’s immediate family. Any employee requesting sick leave shall inform the on duty shift commander of Exhibit A Page 30 of 38 {00310983.DOC v. 1 }28 the fact and the reason therefore as soon as possible but no later than one hour prior to scheduled duty. Failure to do so may be cause for denial of sick leave and pay. To be eligible for sick leave with pay any absence of three (3) or more regular work days must be substantiated by a certificate from the employee’s physician, or such other evidence as the City may require. With regard to all sick leave, the City has the right to check on the welfare of the employee to determine the extent of illness. Absence for a fraction of a day that is chargeable to sick leave in accordance with these provisions shall be charged proportionately in an amount not smaller than one-fourth day. An employee reporting off sick on the day of any duty assignment shall have one day deducted from his total accumulated sick leave. Section 11.4. Sick Leave Incentive Effective January 1, 2015 through December 31, 2015, an employee shall accrue an additional twelve (12) hours of sick leave for each six (6) consecutive month period in which there is no absence (excluding duty injury on duty days off) from work due to sick leave or for personal reasons with or without pay. Effective January 1, 2016, all employees who would have received the additional twelve (12) hour accrual, but for the change in covered period, shall receive such twelve (12) hours and then if an employee has no absence (excluding duty injury on duty days off) from work due to sick leave or for personal reasons with or without pay during the period January 1 through the following June 30th or during the period July 1 through the following December 31st, then such employee shall accrue an additional twelve (12) hours of sick leave for each six (6) month period so entitled. Exhibit A Page 31 of 38 {00310983.DOC v. 1 }29 ARTICLE XII FUNERAL LEAVE Section 12.1. Funeral Leave Each employee shall be entitled to funeral leave of three (3) consecutive calendar days following the death of any of the following relatives not chargeable to sick leave: mother, father, spouse, child (including miscarriage), brother, sister, mother-in-law, father-in-law, grandchild, grandparent, grandparent-in-law, brother-in-law, sister-in-law, step-mother, step-father, step-brother, step-sister, step-son and step-daughter, aunt and uncle. Requests to use funeral days other than as provided in this Article may be approved at the discretion of the Chief of Police or his designee. An employee shall be paid his regular straight time rate for only those days taken for funeral leave which fall on a regularly scheduled work day. ARTICLE XIII LEAVES OF ABSENCE Section 13.1. Medical Leave of Absence and FMLA An employee may apply for a medical leave of absence in accordance with City policy, and in compliance with the requirements under the Family and Medical Leave Act (FMLA) of 1993. During the term of the FMLA leave, the City will maintain the employee’s health insurance coverage under their group plan, under the same terms offered to employees not on leave. Upon return to work an employee shall be returned to the former job or as close as possible to a job of like seniority, status and pay provided the employee meets the City’s physical standards of employment. If circumstances warrant, and with physician certification, the City may extend a leave of absence for medical reasons for a definite period beyond the accumulated sick leave and FMLA requirements. However, it shall be the employee’s responsibility to pay for health insurance premiums during the extension period if coverage is desired. While the City will make a reasonable effort to accommodate leave extensions, such requests will be granted or not wholly at the Exhibit A Page 32 of 38 {00310983.DOC v. 1 }30 discretion of the City. At the end of any such leave extension, the City will not have any obligation to provide an equivalent or any other job to the extended leave-taking employee; however, prior to the granting of any such leave extension, the employee and the Police Chief will discuss probable job availability anticipated at the end of the leave extension. Section 13.2. General Leave of Absence The City may grant a leave of absence without pay for personal reasons not to extend ten (10) working days in any calendar year. The employee must submit his request in writing through his immediate supervisor. The supervisor will review the request initially and forward his recommendation to the Police Chief for consideration. The Police Chief will then advise the employee of his determination. Section 13.3. Unpaid Leave of Absence An unpaid leave of absence in excess of ten (10) days must be accompanied by a written statement as to reason for the request and period of leave requested. The City Manager, in consultation with the Police Chief, may authorize special leaves of absence without pay for any period not to exceed three calendar months in any one calendar year for purposes of attending training in subjects related to the work of an employee and which will benefit the employee and the City; urgent personal business requiring the employee’s attention for an extended period; and for purposes other than the foregoing that are deemed beneficial to the City Service. The City Manager, in consultation with the Police Chief, may grant leaves of absence without pay in excess of the limitations herein prescribed for purposes that are deemed beneficial to the City Service. Exhibit A Page 33 of 38 {00310983.DOC v. 1 }31 ARTICLE XIV MISCELLANEOUS Section 14.1. Board of Fire and Police Commissioners The City agrees that, during the term of this Agreement it will not repeal its Board of Fire and Police Commissioners. Section 14.2. Chapter Business After the conclusion of roll call, and provided that reasonable advance notice is given to the Watch Commander by an Chapter Officer of the Des Plaines Chapter and further provided that the Watch Commander consents, any such local Chapter officer may discuss Chapter business at the station with any other officer, so long as all police officers are at their respective posts of duty promptly at the beginning of their shift. It is understood and agreed that the required consent of the Watch Commander will not be withheld unreasonably by him. Notwithstanding anything herein to the contrary, no such discussion shall be allowed and any discussion in progress may be ordered terminated if in the reasonable judgment of the Watch Commander, a police related emergency exists. Section 14.3. Travel Expense Reimbursement In the event an employee is required to attend a school requiring overnight stay, with the department’s approval, and where the meals are not provided, he/she shall receive the same rates received by all other employees of the City. No money for meals will be provided for schools to which an employee commutes on a daily basis. In addition, any employee attending school as aforesaid, shall be entitled to be reimbursed a sum equal to the IRS allowance per mile if the Chief or other appropriate superior grants permission for such employee to use his own personal automobile in going to or from such school. If the school is two (2) weeks or longer in duration, the Exhibit A Page 34 of 38 {00310983.DOC v. 1 }32 employee will be reimbursed for travel for one (1) vehicle for two (2) round trips during the course of the school out-of-state air travel for schools of two (2) weeks or longer will be decided on a case- by-case basis. Section 14.4. Pagers Bargaining unit employees shall be issued and wear pagers with voice mail capability. The City shall pay the monthly charge for such pagers. Employees may be responsible for a fifty percent (50%) replacement cost contribution for all pagers that are lost/damaged due to employee’s negligence. This section shall be applied on a case by case basis and shall be applied only after the employee is allowed to provide any and all reasonable explanations for said loss. Section 14.4. Training Time A Sergeant/Lieutenant working the midnight shift., 2200-0630 hours or 2100-0530 hours, will not be subject to a one (1) day training course during this shift of duty, unless he/she voluntarily attends the training course. Any Sergeant/Lieutenant on the midnight shift who attends a training course of two (2) days or more and who is required to report to duty less than eight (8) hours between the end of the instruction day and the start of the midnight shift shall be paid time and a half for any hours less than the eight (8) hours between assignments. Section 14.5. Drug Testing Policy The “Drug Policy” is a part of this Agreement in its entirety as an addendum to this Agreement. Exhibit A Page 35 of 38 {00310983.DOC v. 1 }33 ARTICLE XV UNIFORM POLICE OFFICER’S DISCIPLINARY ACT Section 15.1. Uniform Police Officer’s Disciplinary Act The parties agree that the provisions of 50 ILCS 725/1 are hereby incorporated as part of this Agreement. Section 15.2. Right to Representation The City agrees that bargaining unit employees shall be afforded “Weingarten Rights” under the Illinois Public Labor Relations Act. ARTICLE XVI COMPLETE AGREEMENT Section 16.1. Complete Agreement The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that all understandings and agreement arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Chapter, for the life of this Agreement, each voluntarily and unqualifiedly waive the right, and each agree that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered by this Agreement or with respect to any subject or matter not specifically referred to or covered by this Agreement even though such subject may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement except as otherwise expressly provided in this Agreement. This Agreement sets forth the full and complete understandings of the parties hereto and cancels and supersedes any and all agreements heretofore entered into by and between the parties and cancels and supersedes any City rules, regulations, policies and past practices, written or oral. Exhibit A Page 36 of 38 {00310983.DOC v. 1 }34 ARTICLE XVII DURATION Section 17.1 Duration This Agreement shall become effective upon execution by the parties herein and shall be in effect from January 1, 2015 2011 through midnight, December 31, 2016 2014. This Agreement shall continue in full force and effect until December 31, 2016 2014, and shall automatically be renewed from year to year thereafter unless either party shall notify the other in writing at least one hundred twenty (120) days prior to the anniversary date that it desires to modify this Agreement. In the event that such notice is given, negotiations shall begin no later than sixty (60) days prior to the anniversary date. This Agreement will remain in effect during negotiations or impasse proceedings concerning a successor agreement. After receiving approval of the City Council and after ratification by the Chapter membership, the following execution is made. METROPOLITAN ALLIANCE OF POLICE CITY OF DES PLAINES, DES PLAINES COMMAND CHAPTER #241 a municipal corporation By: By: Carol Dougherty, Chapter President Matthew Bogusz, Mayor City of Des Plaines By: Attest: Joseph Andalina, President M.A.P. , City Clerk City of Des Plaines Exhibit A Page 37 of 38 {00310983.DOC v. 1 }35 Appendix A Sergeants 1/1/2014 1/1/2015 1/1/2016 1/1/2017 2.50% 2.50% 2.50% step A $ 100,844 $ 103,365 $105,949 $ 108,598 step B $ 102,446 $ 105,007 $107,632 $ 110,323 step C $ 104,048 $ 106,649 $109,315 $ 112,048 step D $ 105,651 $ 108,292 $111,000 $ 113,775 Lieutenants step A $ 106,368 $ 109,027 $111,753 $ 114,547 step B $ 111,849 $ 114,645 $117,511 $ 120,449 step C $ 117,323 $ 120,256 $123,262 $ 126,344 Exhibit A Page 38 of 38 PUBLIC WORKS AND ENGINEERING DEPARTMENT Des Plaines, IL 60016 P: 847.391.5464 desplaines.org Date: March 8, 2016 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 Subject: Bid Notices for 2016 CIP Concrete Improvements - MFT-16-00000-01-GM, 2016 CIP Street & Utility Improvements-Contract A and 2016 CIP Street & Utility Improvements-Contract B _____________________________________________________________________________ Issue: Plans and specifications for three 2016 Capital Improvement Program (CIP) projects are nearing completion. They will be ready for bid within the coming weeks. Project Name: 2016 CIP Concrete Improvements- MFT-16-00000-01-GM LOCATION LIMITS ACTIVITY Laurel/Graceland Prairie—Marion Alley Reconstruction Linden/Orchard Riverview—Alley Alley Reconstruction Various Various Curb Replacement Various Various Sidewalk Replacement Project Name: 2016 CIP, Contract A LOCATION LIMITS ACTIVITY Grant Dr West Southeast—Northwest Reconstruction, 8” Water Main, Storm Sewer Northwest Pl W Grant—W Villa Reconstruction, 8” Water Main, Storm Sewer Good Ave Ballard—Church Rehabilitation, 8” Water Main Acres Ln Miner—Dead End Resurface, 8” Water Main MEMORANDUM Page 1 of 2 Project Name: 2016 CIP, Contract B LOCATION LIMITS ACTIVITY Cambridge Rd Wisconsin—Miner Reconstruction, 8” Water Main, Storm Sewer Cornell Ave State—Princeton Reconstruction, 8” Water Main, Storm Sewer Cornell Ave Princeton—Harvard Resurface, 8” Water Main Analysis: The activity descriptions for the proposed work are as follows: • Alley reconstruction projects consist of removing existing pavement and constructing porous concrete pavement. • Street reconstruction projects include replacement and widening of pavement and base, replacement of curb and gutter, driveway aprons and various sidewalk, and re-grading of parkways. • Street rehabilitation projects (for streets with existing curb and gutter) include replacement of pavement, driveway aprons, and various curbs, and repair of trip hazardous sidewalk. • Street rehabilitation projects (for streets without existing curb and gutter) include replacement and widening of pavement, replacement of driveway aprons, and re-grading of drainage swales. No new curb and gutter will be constructed. • Street resurface projects consist of replacing only the surface layer of the asphalt pavement. • Storm sewer projects are part of the City’s Storm Water Master Plan and include the installation of new storm sewers. • Water main projects include the installation of new water mains and connection of individual water services to the new main. Water services will be interrupted at various times and locations. Recommendation: We recommend the following projects be advertised for bid. 1) 2016 CIP Concrete Improvements - MFT-16-00000-01-GM. Budgeted Funds -Motor Fuel Tax Fund, CDBG Fund and Capital Projects Fund 2) 2016 CIP Street & Utility Improvements - Contract A Budgeted Funds - Capital Improvement Projects Fund and Water Fund 3) 2016 CIP Street & Utility Improvements - Contract B Budgeted Funds - Capital Improvement Projects Fund and Water Fund Page 2 of 2 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, MARCH 7, 2016 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Bogusz at 7:01 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, March 7, 2016. ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith and Charewicz. A quorum was present. Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski, Director of Community and Economic Development Sakas, Fire Chief Wax, Director of Human Resources Light, Police Chief Kushner, Director of Public Works and Engineering Oakley, and General Counsel Friedman. PRAYER AND PLEDGE: The opening prayer was given by Alderman Rodd, followed by the Pledge of Allegiance to the Flag of the United States of America. PRESENTATIONS: Resident Adrian Menzel addressed the City Council presenting an update on his Lego project and thanked everyone who contributed to its success. Resident Zachary Stellberg addressed the City Council reporting on the progress of the Ad Hoc Committee regarding the city, city branding and revitalization and presented its recommendations. CITY CLERK ANNOUNCEMENTS: Open Sole Bid: City Clerk Ludwig addressed the City Council announcing the opening of the sole bid received by the City Clerk’s Office for the Barracuda Backup Server on February 18, 2016, read the bid and referred it to Staff. Open Sole Bid: City Clerk Ludwig addressed the City Council announcing the opening of the sole bid received by the City Clerk’s Office for Streetlight Repair and Utility Locates on February 4, 2016, read the bid and referred it to Staff. City Clerk Ludwig announced several community events occurring during the month of March. CONSENT AGENDA: Motion by Rodd, seconded by Sayad, to establish the Consent Agenda. Motion declared carried. Motion by Robinson, seconded by Charewicz, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Page 2 of 9 3/7/16 Staff recommendations and requests were approved; Resolutions R-41-16, R-42- 16, R-44-16, R-45-16, R-46-16, R-48-16, R-49-16, R-51-16, R-52-16, R-53-16 and R-54-16 were adopted; Ordinances M-6-16 and M-7-16 were adopted. APPROVE CHANGE ORDERS/ NORTHWEST WATER COM. PROJECT: Consent Agenda 1a Resolution R-41-16 Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to approve change orders with MWH Americas, Inc., 175 West Jackson Boulevard, Suite 1900, Chicago, Illinois in the amounts of $28,040 and $18,800 related to design modifications to the Northwest Water Commission Alternative Water Supply Project (Budgeted Funds – CIP Water-Sewer Fund/Professional Services); and further recommend to adopt Resolution R-41- 16, A RESOLUTION APPROVING CHANGE ORDER TO NO. 1 TO TASK ORDER NO. 4 UNDER A MASTER CONTRACT WITH MWH AMERICAS, INC., FOR ENGINEERING DESIGN SERVICES. Motion declared carried as approved unanimously under Consent Agenda. APPROVE CHANGE ORDERS/ NORTHWEST WATER COM. PROJECT: Consent Agenda 1b Resolution R-51-16 Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to approve change orders with MWH Americas, Inc., 175 West Jackson Boulevard, Suite 1900, Chicago, Illinois in the amounts of $28,040 and $18,800 related to design modifications to the Northwest Water Commission Alternative Water Supply Project (Budgeted Funds – CIP Water-Sewer Fund/Professional Services); and further recommend to adopt Resolution R-51- 16, A RESOLUTION APPROVING CHANGE ORDER NO. 1 TO TASK ORDER NO. 6 UNDER A MASTER CONTRACT WITH MWH AMERICAS, INC., FOR ENGINEERING DESIGN SERVICES. Motion declared carried as approved unanimously under Consent Agenda. APPROVE PURCHASE/ AMMUNITION/ POLICE DEPT.: Consent Agenda Resolution R-42-16 Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to approve purchase of ammunition for the Police Department via Illinois State Bid from Ray O’Herron’s Co. Inc. and Kiesler Police Supply, Inc. in a not-to-exceed amount of $50,000 (Budgeted Funds – Police Department Support Services/Supplies for Police Range); and further recommend to adopt Resolution R-42-16, A RESOLUTION AUTHORIZING THE PURCHASE OF AMMUNITION FROM RAY O’HERRON CO., INC., AND KIESLER POLICE SUPPLY, INC. Motion declared carried as approved unanimously under Consent Agenda. APPROVE PURCHASE/ BALLISTIC VESTS/ POLICE DEPT.: Consent Agenda Resolution R-44-16 Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to approve purchase of ballistic vests via Illinois State Bid from Uniform Den East, 5802 N. 2nd Street, Loves Park, Illinois in an amount not-to- exceed $31,960 to be paid from Asset Forfeiture Funds at no cost to the City; and further recommend to adopt Resolution R-44-16, A RESOLUTION APPROVING THE PURCHASE OF BALLISTIC PROTECTIVE GEAR FROM UNIFORM DEN EAST, INC. Motion declared carried as approved unanimously under Consent Agenda. Page 3 of 9 3/7/16 APPROVE LABOR INSTALLATION COSTS/ REPLACEMENT SQUAD VEHICLES/ POLICE DEPT.: Consent Agenda Resolution R-45-16 Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to approve labor installation costs for transfer and new equipment for nine (9) replacement squad vehicles for the Police Department from sole source provider Havey Communications, 28835 Herky Drive, #117, Lake Bluff, Illinois 60044 in an amount not-to-exceed $40,510.00 (Budgeted Funds – Police Department Equipment Replacement Fund and Asset Forfeiture Funds); and further recommend to adopt Resolution R-45-16, A RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLATION OF POLICE VEHICLE EQUIPMENT FROM HAVEY COMMUNICATIONS, INC. Motion declared carried as approved unanimously under Consent Agenda. AWARD BID/ 2016-2017 PURCHASE UNLEADED GAS AND DIESEL FUEL: Consent Agenda Resolution R-46-16 Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to award bid for the 2016-17 purchase of unleaded gasoline and diesel fuel to Petroleum Traders Corporation, 7120 Point Inverness Way, Fort Wayne, Indiana per unit prices submitted in a not-to-exceed amount of $431,000 for Gasoline and $178,200 for Diesel (Budgeted Funds – General Vehicle Maintenance/Water/Sewer/Gasoline and General Vehicle Maintenance/Water/Sewer/Diesel); and further recommend to adopt Resolution R-46-16, A RESOLUTION APPROVING AN AGREEMENT WITH PETROLEUM TRADERS CORPORATION FOR THE PURCHASE OF UNLEADED GASOLINE AND DIESEL FUEL. Motion declared carried as approved unanimously under Consent Agenda. AWARD BID/ NIMBLE STORAGE HARD DRIVE/ IT DEPT.: Consent Agenda Resolution R-48-16 Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to award bid for the Nimble Storage Hard Drive to the Burwood Group, Inc., 125 S. Wacker Drive, Chicago, Illinois in a not-to-exceed amount of $67,897.63 (Budgeted Funds – IT Replacement/Computer Hardware Account); and further recommend to adopt Resolution R-48-16, A RESOLUTION APPROVING A CONTRACT WITH BURWOOD GROUP, INC., FOR THE PURCHASE OF A HARD DRIVE. Motion declared carried as approved unanimously under Consent Agenda. AWARD BID/ 2016 PARKWAY RESTORATION SERVICES: Consent Agenda Resolution R-49-16 Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to award bid for 2016 parkway restoration services to second lowest bidder, TNT Landscape Construction, Inc., 847 S. Randall Road, Elgin, Illinois in the amount of $36,437.50 (Budgeted Funds – R&M Water Distribution and General Fund/Miscellaneous Contractual Services); and further recommend to adopt Resolution R-49-16, A RESOLUTION APPROVING AN AGREEMENT WITH TNT LANDSCAPE CONSTRUCTION, INC., FOR PARKWAY RESTORATION SERVICES. Motion declared carried as approved unanimously under Consent Agenda. AWARD BID/ Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to award bid for the 2015 CIP, Contract B – Algonquin Road Page 4 of 9 3/7/16 2015 CIP, CONTRACT B – ALGONQUIN RD. SANITARY SEWER PROJECT: Consent Agenda Resolution R-52-16 Sanitary Sewer Diversion Project Alternate #1 to John Neri Construction, Inc., 770 Factory Road, Addison, Illinois 60101 in the amount of $4,827,722.50 (Budgeted Funds – Capital Projects); and further recommend to adopt Resolution R-52-16, A RESOLUTION APPROVING AN AGREEMENT WITH JOHN NERI CONSTRUCTION CO., INC., FOR THE CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS THROUGH THE 2015 CAPITAL IMPROVEMENT PROGRAM, CONTRACT B. Motion declared carried as approved unanimously under Consent Agenda. APPROVE TASK ORDER NO. 2/ AERIAL PHOTOGRAPHY AND MAPPING: Consent Agenda Resolution R-53-16 Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to approve Task Order No. 2 with Ayres Associates, Inc., 5201 East Terrace Drive, Suite 200, Madison, Wisconsin in the amount of $43,779.00 for Aerial Photography and Mapping (Budgeted Funds – General Fund – Geographic Information Systems); and further recommend to adopt Resolution R-53-16, A RESOLUTION APPROVING TASK ORDER NO. 2 WITH AYRES ASSOCIATES, INC., FOR AERIAL PHOTOGRAPHY AND PLANIMETRIC MAPPING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. APPROVE FURNISHING/ INSTALLATION COSTS/ LASERFICHE SOFTWARE/ IT DEPT.: Consent Agenda Resolution R-54-16 Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to approve furnishing and installation costs of Laserfiche Avante Software by the City’s sole value added reseller TKB Associates, Inc., 9459 Enterprise Drive, Mokena, Illinois in a not-to-exceed amount of $35,935.00 (Budgeted Funds – IT Replacement/Computer Software); and further recommend to adopt Resolution R-54-16, A RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLATION OF LASERFICHE AVANTE SOFTWARE LICENSES FROM TKB ASSOCIATES, INC. Motion declared carried as approved unanimously under Consent Agenda. ADVERTISE BID/ CONTRACTUAL STREET CRACK SEALING – 2016: Consent Agenda Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to authorize City Clerk to advertise for bid Contractual Street Crack Sealing for 2016. Motion declared carried as approved unanimously under Consent Agenda. ADVERTISE BID/ TWO REPLACEMENT TRUCKS/ PUBLIC WORKS DEPT.: Consent Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to authorize City Clerk to advertise for bid Two (2) Replacement F-450 Trucks Utilized for Hauling and Snow and Ice Control Operations within the Public Works and Engineering Department. Motion declared carried as approved unanimously under Consent Agenda. Page 5 of 9 3/7/16 Agenda ADVERTISE BID/ PURCHASE AMBULANCE/ FIRE DEPT.: Consent Agenda Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to authorize City Clerk to advertise for bid the purchase of an ambulance for the Fire Department (Budgeted Funds – Fire Equipment Replacement Fund). Motion declared carried as approved unanimously under Consent Agenda. ADVERTISE BID/ REPLACE SEWER TELEVISING TRUCK/ PUBLIC WORKS DEPT.: Consent Agenda Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to authorize City Clerk to advertise for bid the Replacement of the Public Works Sewer Televising Truck. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE M-6-16 2016 APPROPRIATION ORDINANCE: Consent Agenda Moved by Robinson, seconded by Charewicz, to concur with Staff recommendation to adopt the 2016 Appropriation Ordinance; and further recommend to place on First Reading Ordinance M-6-16, AN ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE EXPENSES OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR MUNICIPAL PURPOSES DESIGNATED AS THE “ANNUAL APPROPRIATION ORDINANCE” FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE M-7-16 TEXT AMENDMENT/ CITY CODE/ PORTABLE STORAGE CONTAINERS: Moved by Robinson, seconded by Charewicz, to adopt Ordinance M-7-16, AN ORDINANCE AMENDING THE DES PLAINES CITY CODE AND THE ZONING ORDINANCE OF 1988 REGARDING THE PLACEMENT OF STORAGE CONTAINERS IN RIGHTS-OF-WAY AND ON RESIDENTIAL PROPERTY (CASE #16-007-TA). Motion declared carried as approved unanimously under Consent Agenda. MINUTES: The Minutes of the Regular Meeting of the City Council held February 16, 2016 were deferred to the March 21, 2016 Regular Council Meeting without objection. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION – Alderman Smith, Chair WARRANT REGISTER: Moved by Haugeberg, seconded by Chester, to recommend to the City Council approval of the March 7, 2016 – Warrant Register, in the total amount of Page 6 of 9 3/7/16 $5,341,823.65; and further recommend that Resolution R-50-16 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY SERVICES – Alderman Chester, Chair DISCUSSION/ IMPACT OF STATE FUNDING REDUCTIONS ON LOCAL SERVICE AGENCIES: Alderman Chester requested a number of social service agencies to attend the Council meeting to provide information regarding the effects of the State budget impasse in Springfield, and associated funding reductions, are impacting services provided at the local level in Des Plaines. Chief Wax addressed the Committee of the Whole providing information about social services. Alderman Chester read a letter from the Maine Community Youth Assistance Foundation (MCYAF) Executive Director Teri Collins. Mr. Michael Waters, Regional Director of Catholic Charities, addressed the Committee of the Whole giving details of services provided and commenting on the effects of the State budget impasse. Ms. Stephanie Johnson, Director of Government Relations of Catholic Charities, addressed the Committee of the Whole giving details of services provided and commenting on the effects of the State budget impasse. Mr. Eric Homer, Director of Programs for the Center of Concern, addressed the Committee of the Whole giving details of services provided and commenting on the effects of the State budget impasse. Mr. Jordan Luhr, Executive Director of the North Shore Senior Center, addressed the Committee of the Whole giving details of services provided and commenting on the effects of the State budget impasse. Discussion was held regarding additional funding for social service agencies. Staff was directed to provide additional information regarding the cost of administration for each agency to the Council. Resident Wayne Serbin addressed the Committee of the Whole referring to an article in the Wall Street Journal which discussed the inadequate recovery of the economy; he stated that many people are suffering. PUBLIC SAFETY – Alderman Sayad, Chair AMENDMENT/ TITLE 3, CH. 3, FIRE DEPT./ AMBULANCE FEE/ INCREASE AMBULANCE : Fire Chief Wax gave a Power Point presentation regarding an increase in Ambulance Transport Fees and answered questions from the Aldermen. Discussion was held. Staff was directed to provide additional information from the result of the survey of 107 Fire Departments. Page 7 of 9 3/7/16 AMBULANCE FEE/ INCREASE AMBULANCE : (Cont’d) Moved by Rodd, seconded by Smith, to recommend to the City Council approval of Ordinance M-8-16 at appropriate time this evening. Motion declared carried. MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. UNFINISHED BUSINESS: ORDINANCE M-2-16 AMEND CITY CODE/ MOTOR FUEL TAX/ ADD COMPRESSED NATURAL GAS CATEGORY: Discussion was held. Moved by Charewicz, seconded by Robinson, to adopt Ordinance M-2-16, AN ORDINANCE AMENDING TITLE 15 OF THE DES PLAINES CITY CODE REGARDING MOTOR FUEL TAX. Upon roll call, the vote was: AYES: 5-Haugeberg, Robinson, Smith, Charewicz, Bogusz NAYS: 4-Rodd, Sayad, Brookman, Chester ABSENT: 0-None Motion declared carried. NEW BUSINESS: WARRANT REGISTER: Resolution R-50-16 Moved by Smith, seconded by Haugeberg, to concur with the consensus reached by the Committee of the Whole and to adopt Resolution R-50-16, 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. Total: $5,341,823.65. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. AMENDMENT/ TITLE 3, CH. 3, FIRE DEPT./ AMBULANCE FEE/ INCREASE AMBULANCE : Ordinance M-8-16 Moved by Sayad, seconded by Robinson, to concur with the consensus reached by the Committee of the Whole and to place on First Reading Ordinance M-8- 16, AN ORDINANCE AMENDING SECTION 3-3-8(B). Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Page 8 of 9 3/7/16 It was the consensus of the Council to place Ordinance M-8-16 on Second Reading at a Regular Council Meeting in April, 2016. APPROVE ORDINANCE AMENDING SECTION 5/ CH. 7/ CITY CODE/ ELECTED OFFICIALS SALARIES AND COMPENSATION: Ordinance M-9-16 It was the consensus of the City Council to waive the Council Rules to allow public input. Resident Mary Rohde addressed the City Council commenting in favor of allowing the insurance benefits for Elected Officials. Resident Norbert Paprocki addressed the City Council commenting against allowing the insurance benefits for Elected Officials. Discussion was held. Moved by Haugeberg, seconded by Charewicz, to place on First Reading Ordinance M-9-16, AN ORDINANCE AMENDING SECTION 5 OF CHAPTER 7 OF TITLE 1 OF THE CITY CODE REGARDING ELECTED OFFICIAL SALARIES AND COMPENSATION. Moved by Rodd, seconded by Smith, to amend the motion to place on First Reading Ordinance M-9-16 by terminating the health, dental and life insurance benefits to Elected Officials as of the end of their respective terms, 2017 and 2019. Upon roll call, the vote was: AYES: 2-Rodd, Smith NAYS: 6-Haugeberg, Robinson, Sayad, Brookman, Chester, Charewicz ABSENT: 0-None Motion declared failed. Roll call on the original motion to place on First Reading Ordinance M-9-16, AN ORDINANCE AMENDING SECTION 5 OF CHAPTER 7 OF TITLE 1 OF THE CITY CODE REGARDING ELECTED OFFICIAL SALARIES AND COMPENSATION. Upon roll call, the vote was: AYES: 6-Haugeberg, Robinson, Sayad, Brookman, Chester, Charewicz NAYS: 2-Rodd, Smith ABSENT: 0-None Motion declared carried. ADJOURNMENT: Moved by Chester, seconded by Charewicz, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:25 p.m. Page 9 of 9 3/7/16 Gloria J. Ludwig, MMC – CITY CLERK APPROVED BY ME THIS DAY OF , 2016 ______________________________ Matthew J. Bogusz, MAYOR FINANCE DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org Date: March 9, 2016 To: Michael G. Bartholomew, City Manager From: Dorothy Wisniewski, Assistant City Manager/Director of Finance Subject: Resolution R-58-16, March 21, 2016 Warrant Register Recommendation: I recommend that the City Council approve the March 21, 2016 Warrant Register Resolution R-58-16. Warrant Register……………………………$5,311,840.27 MEMORANDUM Estimated General Fund Balance Balance as of 01/31/2016: $8,999,192 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 1st & 2nd installments of property tax revenue. Page 1 of 25 CITY OF DES PLAINES RESOLUTION R-58-16 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. March 21, 2016 Page 2 of 25 Line #Invoice Invoice Desc Amount 1 2 4160 Real Estate Transfer Tax Refund 03/01/16 Real Estate Transfer Tax Refund 03/01/2016 12.00 3 4210 Personal Property Replacement Tax 1st Qtr 2016 1st Qtr 2016 PPRT Allocation 23,247.00 4 4300 Vehicle Licenses Refund 02/17/16 Vehicle Sticker Refund 02/17/2016 15.00 5 4400 Building Permits 2016-01000080 Sewer Permit Refund 02/29/2016 300.00 6 4400 Building Permits 2016-01000080 Sewer Permit Refund 02/29/2016 300.00 7 4400 Building Permits 2016-01000081 Sewer Permit Refund 02/29/2016 300.00 8 4400 Building Permits 2016-01000004 Sewer Permit Refund 02/29/2016 300.00 9 4400 Building Permits 2016-01000130 Sewer Permit Refund 02/29/2016 300.00 10 4400 Building Permits 2016-02000042 Sewer Permit Refund 02/29/2016 300.00 11 4400 Building Permits 2016-01000130 Sewer Permit Refund 02/29/2016 300.00 12 4500 Court costs, Fees & Charges P0230716 Overpayment for Parking Ticket P0230716 40.00 13 4500 Court costs, Fees & Charges P0195524 Overpayment for Parking Ticket P0195524 128.00 14 25,542.00 15 16 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 624.69 17 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 59.91 18 684.60 19 6000 Professional Services 003181935 Alterations to CARS Week Ending 02/28/2016 480.00 20 6000 Professional Services 045588 Travel Time 9/28/2015 - 9/29/2015 640.00 21 6000 Professional Services 046068 Travel Expenses 9/28/2015 - 9/29/2015 626.24 22 6000 Professional Services 041862 Travel Expenses 03/16/2015 - 03/19/2015 1,639.66 23 6005 Legal Fees 3303909 1-16 Non-Retainer Litigation*156.00 24 6005 Legal Fees 3303910 1-16 Non-Retainer Litigation*585.00 25 6005 Legal Fees 3303892 1-16 Non-Retainer Litigation*912.50 26 6005 Legal Fees 3303888 1-16 Non-Retainer IEMA and FEMA Review 2,734.00 27 6005 Legal Fees JAN 2016 RET January 2016 Retainer 18,500.00 28 6005 Legal Fees 3303888 1-16 Non-Retainer IEMA and FEMA Review 442.00 29 6009 Legal Fees - Admin Hearings/Prosecutions 3303908 1-16 Non-Retainer Admin Hearings 988.00 City of Des Plaines Warrant Register 03/21/2016 20 3447 Holland & Knight LLP 20 3447 Holland & Knight LLP 20 3447 Holland & Knight LLP 20 3447 Holland & Knight LLP 20 3447 Holland & Knight LLP 20 1257 New World Systems Corp 20 3447 Holland & Knight LLP 20 3447 Holland & Knight LLP 20 5950 Creative Circle 20 1257 New World Systems Corp 20 1257 New World Systems Corp 10 1552 Verizon Wireless 10 1552 Verizon Wireless Total 10 - Elected Office 00 6002 Angelove Inc 00 6003 Young, James K Total 00 - Non Departmental Elected Office 00 5163 Kerr Mechanical 00 5260 Scottish Plumber LLC 00 1656 Bishop Plumbing Inc 00 4803 Roto Rooter Services Company 00 4803 Roto Rooter Services Company 00 4951 Village Sewer & Plumbing 00 4999 Des Plaines Public Library 00 6001 Figueroa, Maria T 00 5997 VC Plumbing Org Account Vendor Fund: 100 - General Fund 00 6000 Kukankos, John A Page 3 of 25 * On-going City litigation items provided separately to the City Council Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 03/21/2016 Org Account Vendor 30 6009 Legal Fees - Admin Hearings/Prosecutions 3303901 1-16 Non-Retainer Admin Hearings 306.00 31 6009 Legal Fees - Admin Hearings/Prosecutions 16-4 Legal Services 02/18- 02/29/2016 1,377.50 32 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 517.16 33 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 393.90 34 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 114.03 35 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 76.02 36 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 228.06 37 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 59.91 38 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 59.91 39 6110 Printing Services IN370559 Copy Charges 01/22/2016 - 02/21/2016 V7253 V8271 X7254 149.23 40 6300 R&M Software 043386 Software for "Work Order" Module in Logos 9,480.00 41 6300 R&M Software 044711 Receivables Software Interface 5,000.00 42 6300 R&M Software 045637 Software Maintenance 12/1/2015 - 12/31/2015 120.00 43 6300 R&M Software 046216 Software Maintenance Renewal 1/1/16 - 12/31/16 117,157.00 44 6305 R&M Equipment 708680 Barracuda Support Renewal Model 300 1/02/2016 - 1/2/2017 1,207.00 45 6305 R&M Equipment B04639318 8 Cisco Smartnet Hardware Maint Renewals 01/19/2016- 01/18/2017 18,395.76 46 6550 Subsidy - Senior Citizen Cab Service 98060 Taxi Cab Subsidy- January/February 2016 M-12-11 279.00 47 7000 Office Supplies 641274-0 Keyboard Wristrest 12.13 48 7000 Office Supplies 641069-0 Book Log, Mousepad, Post-It Notes 31.91 49 7000 Office Supplies C 641069-0 Return Mousepad (12.99) 50 7000 Office Supplies 641248-0 Pencils, Pencil Sharpener, Binder 28.11 51 7000 Office Supplies 640564-0 Calculator, Photo Paper, Shutter Stamp 64.47 52 7000 Office Supplies 640636-0 Cork Board, Push Pins, Cups 108.81 53 7000 Office Supplies 37707 1 Box of Business Cards for Events Coordinator 20.00 54 7005 Printer Supplies IN00095248 Printhead for PW Plotter 289.84 55 7005 Printer Supplies IN00095246 6 Ink Cartridges for PW Plotter 386.34201505 Clifford-Wald & Co 20 1220 Runco Office Supply 20 1233 Presstech Inc 20 1505 Clifford-Wald & Co 20 1220 Runco Office Supply 20 1220 Runco Office Supply 20 1220 Runco Office Supply 20 1421 American Charge Service 20 1220 Runco Office Supply 20 1220 Runco Office Supply 20 5934 Tyler Technologies Inc 20 2664 Speedlink Solutions Inc 20 4715 SHI International Corporation 20 1257 New World Systems Corp 20 1257 New World Systems Corp 20 1257 New World Systems Corp 20 1552 Verizon Wireless 20 1552 Verizon Wireless 20 1119 Chicago Office Technology Group Inc 20 1552 Verizon Wireless 20 1552 Verizon Wireless 20 1552 Verizon Wireless 20 1073 Bartel, Raymond 20 1552 Verizon Wireless 20 1552 Verizon Wireless 20 3447 Holland & Knight LLP Page 4 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 03/21/2016 Org Account Vendor 56 7005 Printer Supplies 14052 HP LaserJet 500 Transfer Belt For Detectives 597.00 57 7310 Publications #978129 2/6/16 Daily Herald 02/06-08/05/2016 for Media Services 99.80 58 184,249.30 59 60 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 182.40 61 6110 Printing Services 37747 4K City Hall #10 Window Envelopes 463.00 62 6110 Printing Services 6983/24271 1000 Vehicle License Applications 478.00 63 7000 Office Supplies 825295828001 2 Cases of Copy Paper, 1 Dz Legal Writing Pads, Etc 98.97 64 1,222.37 65 66 5335 Travel Expenses Reimb 2/11/2016 Reimb Parking at Retail Live Event for EDC Coordinator 02/11/2016 25.00 67 6000 Professional Services 103558771 Available Commercial Space Database March 2016 334.40 68 6000 Professional Services 57845 Elevator Inspection 02/13/2016 75.00 69 6000 Professional Services 57890 Elevator Permit Plan Review 02/19/2016 40.00 70 6000 Professional Services 57885 17 Elevator Inspections 02/09- 02/12/2016 493.00 71 6000 Professional Services 57804 27 Elevator Inspections 02/02- 02/04/2016 783.00 72 6000 Professional Services 57756 2 Elevator Inspections 02/04/2016 150.00 73 6000 Professional Services 16-164 Phase 1 Environmental Audit Lee and Prospect 03/01/2016 2,450.00 74 6005 Legal Fees 3305802 1-16 Non-Retainer Property Enforcement Matters 6,351.00 75 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 484.56 76 6110 Printing Services 78809 500 Two-Part Inspection Forms 169.08 77 6195 Miscellaneous Contractual Services 50 Planning and Zoning Board of Appeals Meeting and Minutes 2/23/16 100.00 78 7000 Office Supplies 825138455001 Post-It Notes, Tape, Pens and Notebooks 30.16 79 7000 Office Supplies 825775181001 3 Staple Removers 1.59 80 7000 Office Supplies 825635510001 Copy Paper, Inspection Paper, Gluesticks 100.30 81 7000 Office Supplies 825635510001 Copy Paper, Inspection Paper, Gluesticks 37.49 82 7000 Office Supplies 825775253001 Date Stamp and Scissors 02/22/2016 50.48 40 1066 Office Depot 40 1066 Office Depot 40 1066 Office Depot 40 1066 Office Depot 40 1066 Office Depot 40 1552 Verizon Wireless 40 1665 Classic Graphic Ind Inc 40 4070 Cerabona, Gale M 40 3309 Elevator Inspection Services Inc 40 4721 Midwest Environmental Consulting Services Inc 40 3447 Holland & Knight LLP 40 3309 Elevator Inspection Services Inc 40 3309 Elevator Inspection Services Inc 40 3309 Elevator Inspection Services Inc 40 5086 Pruss, Lauren 40 5215 CoStar Realty Information Inc 40 3309 Elevator Inspection Services Inc 30 1106 Chromatech Printing Inc 30 1066 Office Depot Total 30 - Finance Community Development Total 20 - City Administration Finance 30 1552 Verizon Wireless 30 1233 Presstech Inc 20 1820 Datasource, Ink 20 1069 Paddock Publications Inc Page 5 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 03/21/2016 Org Account Vendor 83 7000 Office Supplies 825138455001 Post-It Notes, Tape, Pens and Notebooks 30.00 84 11,705.06 85 86 5325 Training 13070 CFA Software Training for Fleet Foreman - 01/13/2016 1,395.00 87 5325 Training Reimb 10/16/15 EVT Certification Classes 10/12- 10/16/2015 100.00 88 6000 Professional Services 13053.01-01 Phase 1 of Monument Sign Design - 10/01/2015 - 02/15/2016 3,993.70 89 6000 Professional Services 13053.02-01 Public Works Entrance Monument Sign Design 10/01/2015-02/15/2016 1,953.70 90 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 48.55 91 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 154.26 92 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 413.58 93 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 385.95 94 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 145.27 95 6040 Waste Hauling & Debris Removal 855179 151 Used Tire Recycling - 02/17/2016 342.76 96 6040 Waste Hauling & Debris Removal 404802 Used Oil Recycling - 02/16/2016 50.00 97 6040 Waste Hauling & Debris Removal 26252 Light Bulb and Battery Recycling - 02/22/2016 705.61 98 6040 Waste Hauling & Debris Removal 0551-012337961 Residential Refuse Collection February 2016 R-35-14 251,270.00 99 6135 Rentals - Uniforms 022275895 Fleet Mechanics Uniform Rental - 02/22/2016 98.01 100 6135 Rentals - Uniforms 022272830 Fleet Mechanics Uniform Rental - 02/15/2016 98.01 101 6145 Custodial Services 2016-02-12 Custodial Services - February 2016 4,424.70 102 6190 Tow/Storage/Abandone d Fees 111364 Tow Service to Repair Shop - PW 5011 02/08/2016 190.00 103 6195 Miscellaneous Contractual Services 21559 Access Control PW - 02/26 - 03/01/2016 1,920.00 104 6195 Miscellaneous Contractual Services 128076 Temporary Restroom - PW 01/22 - 02/18/2016 480.00 105 6195 Miscellaneous Contractual Services 8851 Repair Burnt Switch PW - 02/25/2016 1,935.00 106 6195 Miscellaneous Contractual Services 8853 Inspect Switch at PW 02/25/2016 483.00 107 6195 Miscellaneous Contractual Services 022276835 Mat Rental - City Hall/Metra Station 02/23/2016 275.10 108 6195 Miscellaneous Contractual Services 022273775 Mat Rental - City Hall 02/16/2016 163.62 109 6195 Miscellaneous Contractual Services 3664997 Public Works Pest Control 02/16/2016 56.50501019 Anderson Pest Solutions 50 4583 Argon Electric Company, Inc 50 1029 Cintas #22 50 1029 Cintas #22 50 5162 Allied Central Security & Alarm Inc 50 5951 Hoving Pit Stop Inc 50 4583 Argon Electric Company, Inc 50 1029 Cintas #22 50 5343 ABC Commercial Inc 50 5874 Suburban Towing & Recovery Inc 50 2224 Midwest Lamp Recycling Inc 50 1021 Arc Disposal-Republic Svc #551 50 1029 Cintas #22 50 1552 Verizon Wireless 50 2214 Liberty Tire Recycling 50 5763 Excel Environmental Inc 50 1552 Verizon Wireless 50 1552 Verizon Wireless 50 1552 Verizon Wireless 50 4210 Lakota Group, The 50 4210 Lakota Group, The 50 1552 Verizon Wireless Total 40 - Community Development Public Works & Engineering 50 1556 CFA Computerized Fleet Analysis 50 2025 Dahlgren, John 40 1066 Office Depot Page 6 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 03/21/2016 Org Account Vendor 110 6195 Miscellaneous Contractual Services 128076 Temporary Restroom - PW 01/22 - 02/18/2016 480.00 111 6195 Miscellaneous Contractual Services 021616-Desplaine Sidewalk Salting - 02/16/2016 60.00 112 6195 Miscellaneous Contractual Services 122915-Desplaine Sidewalk Snow Shoveling 12/28 - 12/29/2015 260.00 113 6195 Miscellaneous Contractual Services 128076 Temporary Restroom - PW 01/22 - 02/18/2016 480.00 114 6305 R&M Equipment 20835 Repair to Drive on Lift 2 - 01/21/2016 285.00 115 6310 R&M Vehicles 119966 Pre-Season Repairs on Woodchipper 02/04/2016 - PW 5040 756.85 116 6310 R&M Vehicles 670223 Replaced Valves & Coils 02/15/2016 - PW 5011 1,693.55 117 6310 R&M Vehicles BC2752 Replaced 8 Tires - Water 9035 / PW 5081 02/15/2016 910.00 118 6315 City Hall 093292 Repair Heater in Chill Room - City Hall 02/24/2016 1,400.00 119 6315 City Hall 093285 No Heat in Chiller Room at City Hall - 02/17/2016 240.00 120 6315 City Hall 093270 Replaced Air Fan Motor - City Hall 6th Floor - 02/13/2016 2,359.40 121 6315 City Hall 093268 Preventative Maintenance - City Hall - 02/08/2016 364.80 122 6315 City Hall 093269 Replace Air Fan Motor - City Hall 3rd Floor - 02/09/2016 1,425.20 123 6315 City Hall 093264 Repair Noise from Dampers - City Hall 6th Floor - 02/08/2016 240.00 124 6315 City Hall 093265 Repair Heater - City Hall 5th Floor - 02/10/2016 240.00 125 6315 City Hall 093263 Repair Compressor - City Hall - 02/09/2016 493.40 126 6315 City Hall 093262 Repair Heat - City Hall Lobby - 02/08/2016 180.00 127 6315 City Hall 4562 Replace Coffee Maker Water Line - EMA 02/23/2016 630.00 128 6315 Public Works 02/10/2016 Block Removal and Lentil Install - PW 02/10/2016 1,400.00 129 6315 Public Works 165710 Fire Extinguisher Certification for PW - 02/10/2016 941.70 130 6315 Police 65368 Repair 2 IT Receptacles - Police 02/08/2016 540.00 131 6315 Police 7899 Repair Door at Police 02/18/2016 580.00 132 6315 Fire Station #63 76133 Repair Garage Door - Fire Station 63 02/09/2016 299.06 133 6315 Other 093293 Repair Water Leak at History Society 03/23/2016 259.15 134 6315 EMA 165709 Fire Extinguishing Certification for EMA 02/10/2016 416.55 50 1025 Bedco Inc 50 1742 Fredriksen Fire Equipment Co 50 5737 Jamerson & Bauwens Electrical Contractors Inc 50 5698 Doors Done Right Inc 50 1237 Pro-Line Door Systems Inc 50 4584 Aggressive Plumbing Systems Inc 50 5814 SafeWay Tuckpointing Company 50 1742 Fredriksen Fire Equipment Co 50 1025 Bedco Inc 50 1025 Bedco Inc 50 1025 Bedco Inc 50 1025 Bedco Inc 50 1025 Bedco Inc 50 1025 Bedco Inc 50 1025 Bedco Inc 50 1025 Bedco Inc 50 1025 Bedco Inc 50 1085 Alexander Equipment Company Inc 50 1088 Atlas Bobcat LLC 50 1088 Atlas Bobcat LLC 50 5139 All Cleaners Incorporated 50 5951 Hoving Pit Stop Inc 50 1203 Standard Industrial & Automotive Equipment Inc 50 5951 Hoving Pit Stop Inc 50 5139 All Cleaners Incorporated Page 7 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 03/21/2016 Org Account Vendor 135 6315 Civic Center Parking Deck 25327 Light Repairs - Civic Center Parking Deck - 12/02/2015 699.78 136 6315 Civic Center Parking Deck 25326 Install Junction Box - Civic Deck 12/01/2015 457.18 137 6325 R&M Street Lights 25327 Light Repairs - Civic Center Parking Deck - 12/02/2015 1,502.53 138 7025 Supplies - Custodial 022276837 Paper Towels, Soap, Cleaning Solution, Toilet Paper - PW 195.13 139 7025 Supplies - Custodial 022273761 Soap, Cleaner, Paper Towels, Toilet Paper, Air Freshener - PW 139.55 140 7025 Supplies - Custodial 154390 3 Gallons of Cleaner - City Hall 41.00 141 7030 Supplies - Tools & Hardware 71886 2 EZ Lock Metal Cut Wheels, Mandrels, Rotary Tools - PW 156.20 142 7030 Supplies - Tools & Hardware 70977 Wheel Barrow Tray, Handle and Parts - PW 58.82 143 7030 Supplies - Tools & Hardware 71823 10 Metal Studs, 4 Recessed Lights, Rotary Tool Kit - PW 84.99 144 7030 Supplies - Tools & Hardware 91501 Cutoff Wheels, Grinding Wheel - Tools 74.65 145 7035 Supplies - Equipment R&M 71010 Pail, Galvanized Tee, Ball Valve - Chloride Tank PW 44.38 146 7040 Supplies - Vehicle R&M 87556-00 6 Red and 4 Yellow Lights - Fire Stock 89.37 147 7040 Supplies - Vehicle R&M 742252 23 Filters, 6 Brake Pads, and 2 Rotors - Police Stock 1,003.61 148 7040 Supplies - Vehicle R&M 732048 4 EGR Valves - Fire and Police Stock 9.48 149 7040 Supplies - Vehicle R&M 732048 4 EGR Valves - Fire and Police Stock 9.48 150 7040 Supplies - Vehicle R&M 738153 6 Filter Kits, 10 Filters, Hose Assembly - Fire 7704 557.76 151 7040 Supplies - Vehicle R&M 738729 Exhaust Fluid - Fire 7703 19.22 152 7040 Supplies - Vehicle R&M 738959 Exhaust Fluid - Fire 7702 19.22 153 7040 Supplies - Vehicle R&M 739166 60 Wiper Blades - Police and Fire Stock 293.70 154 7040 Supplies - Vehicle R&M 739166 60 Wiper Blades - Police and Fire Stock 293.70 155 7040 Supplies - Vehicle R&M 000219481 5 Wiper Blades, 10 Light Bulbs - Fire Stock 63.15 156 7040 Supplies - Vehicle R&M 392678P Side Entry Steps - PW 5064 288.00 157 7040 Supplies - Vehicle R&M 392416P 2 Body Mouldings - Police 6910 192.15 158 7040 Supplies - Vehicle R&M 392673P Light Harness - Police 6909 398.30 159 7040 Supplies - Vehicle R&M CM392673P Return Light Harness - Police 6909 (398.30) 160 7040 Supplies - Vehicle R&M 1260410025 2 Fan Belts - PW Stock 106.82 161 7040 Supplies - Vehicle R&M 131503957 Antifreeze, Washer Fluid, Maxlife Oil - Police Stock 1,433.32 50 1078 Acme Truck Brake & Supply Co 50 1087 Ashland Inc 50 1643 Golf Mill Ford 50 1643 Golf Mill Ford 50 1643 Golf Mill Ford 50 1673 Chicago Parts & Sound LLC 50 1677 Wholesale Direct Inc 50 1643 Golf Mill Ford 50 1673 Chicago Parts & Sound LLC 50 1673 Chicago Parts & Sound LLC 50 1673 Chicago Parts & Sound LLC 50 1673 Chicago Parts & Sound LLC 50 1673 Chicago Parts & Sound LLC 50 1673 Chicago Parts & Sound LLC 50 1057 Menards Incorporated 50 1671 Terminal Supply Company 50 1673 Chicago Parts & Sound LLC 50 1057 Menards Incorporated 50 1057 Menards Incorporated 50 2012 Gard Specialists Co Inc 50 1029 Cintas #22 50 5699 March Industries Inc 50 1057 Menards Incorporated 50 1044 H&H Electric Co 50 1044 H&H Electric Co 50 1029 Cintas #22 50 1044 H&H Electric Co Page 8 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 03/21/2016 Org Account Vendor 162 7040 Supplies - Vehicle R&M BC2829 3 Oil Filters, 2 Fuel Filters, 2 Filters - PW 5011 158.80 163 7040 Supplies - Vehicle R&M 4726514 Stainless Steel Screws, Nuts and Washers - Stock 139.15 164 7040 Supplies - Vehicle R&M 4723265 Drill Bits, Hydraulic Fittings, Fuse Holders, Pipe Solvents 292.40 165 7040 Supplies - Vehicle R&M 4722961 Washers, Nuts, Clamps, Electrical Connectors, Shrink Tubing 489.28 166 7040 Supplies - Vehicle R&M 408-995618 Air Filter - PW Stock 18.91 167 7040 Supplies - Vehicle R&M 408-995616 Air Filter - PW Stock 18.91 168 7040 Supplies - Vehicle R&M 408-996014 Air Filter - PW 5061 8.69 169 7040 Supplies - Vehicle R&M 408-996013 Oil Filter - PW 5061 9.44 170 7040 Supplies - Vehicle R&M 408-995634 Oil Filter - PW 5039 8.07 171 7040 Supplies - Vehicle R&M 408-995539 3 Oil Filters, Fuel Filter, Air Filter - PW 5039 125.96 172 7040 Supplies - Vehicle R&M 71324 RV Antifreeze. 3 Odor Eliminators - PW Plows 24.21 173 7040 Supplies - Vehicle R&M 593812 2 Air, Oil, Hydraulic Filters - PW 5041 168.89 174 7040 Supplies - Vehicle R&M 408-996666 4 Brake Rotors, Brake Pads - Water 9025 454.12 175 7040 Supplies - Vehicle R&M 410355500 2 Tires - Fire 7601 1,490.00 176 7040 Supplies - Vehicle R&M 1260610014 2 Brake Rotors, 2 Calipers, 2 Brake Pads, 2 Pad Sets - Fire 7601 1,988.71 177 7040 Supplies - Vehicle R&M 408-993346 Return 2 Core Credit Calipers & Master Cylinder - Unit 2001 (165.99) 178 7040 Supplies - Vehicle R&M 408-993673 Return Pulley, Tensioner - Purchase Belts, Weld Skincard- PW 5076 (74.91) 179 7040 Supplies - Vehicle R&M 408-993133 Fuel Filter - PW 5041 32.01 180 7040 Supplies - Vehicle R&M 408-993447 Pulley, Serpentine Belt, Tensioner - PW 5076 162.47 181 7040 Supplies - Vehicle R&M 408-993448 4 Wheel Nuts - ENG 2009 12.80 182 7040 Supplies - Vehicle R&M 408-993296 2 Brake Rotors, Brake Pads - ENG 2009 188.17 183 7040 Supplies - Vehicle R&M 408-993282 V Belts, 5 Quarts Transmission Fluid - Police 6068 71.67 184 7040 Supplies - Vehicle R&M 408-994033 Ignition Coil - PW 5024 46.99 185 7040 Supplies - Vehicle R&M 408-994130 White Paint - Fire 7802 14.29 186 7040 Supplies - Vehicle R&M 408-994249 Solenoid - PW 5067 15.28 50 1054 Lee Auto Parts 50 1054 Lee Auto Parts 50 1054 Lee Auto Parts 50 1054 Lee Auto Parts 50 1054 Lee Auto Parts 50 1054 Lee Auto Parts 50 1054 Lee Auto Parts 50 1054 Lee Auto Parts 50 1054 Lee Auto Parts 50 1071 Pomp's Tire Service Inc 50 1078 Acme Truck Brake & Supply Co 50 1054 Lee Auto Parts 50 1057 Menards Incorporated 50 1062 NAPA of Des Plaines 50 1054 Lee Auto Parts 50 1054 Lee Auto Parts 50 1054 Lee Auto Parts 50 1054 Lee Auto Parts 50 1054 Lee Auto Parts 50 1054 Lee Auto Parts 50 1054 Lee Auto Parts 50 1053 Kimball Midwest 50 1053 Kimball Midwest 50 1053 Kimball Midwest 50 1088 Atlas Bobcat LLC Page 9 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 03/21/2016 Org Account Vendor 187 7040 Supplies - Vehicle R&M 408-995744 2 Sway Bar Kits - PW 5024 80.18 188 7040 Supplies - Vehicle R&M 408-994657 50/50 Antifreeze - Fire 7802 38.34 189 7040 Supplies - Vehicle R&M 408-995382 Serpentine Belt, Belt Tensioner, Pulley, Stabilizer - PW 5064 113.36 190 7040 Supplies - Vehicle R&M 408-995750 Return Cylinder - PW 5064 (31.99) 191 7040 Supplies - Vehicle R&M 408-996939 Wiper Blades - Police 6056 10.99 192 7040 Supplies - Vehicle R&M 408-996309 2 Oil Filters, Air, Fuel Filters - PW 5006 49.95 193 7040 Supplies - Vehicle R&M 408-996925 Micro V Belt - Police 6056 16.59 194 7040 Supplies - Vehicle R&M 408-996433 String for Shop - PW 14.39 195 7040 Supplies - Vehicle R&M 408-996851 3 Wiper Blades - PW 5085 Sweeper 139.17 196 7040 Supplies - Vehicle R&M 408-996926 2 V Belts- Police Stock 33.18 197 7040 Supplies - Vehicle R&M C042004815:01 Intake Throttle Valve - Fire 7603 270.25 198 7040 Supplies - Vehicle R&M IV29788 2 Plow Blades - PW 5082/5083 2,239.75 199 7040 Supplies - Vehicle R&M 553056 Filter - PW 5019 222.49 200 7040 Supplies - Vehicle R&M 97653953 Aerosol Cans of Lubricant and Cleaner - PW Shop 185.00 201 7040 Supplies - Vehicle R&M 6238965 9 LED Lights - Fire 7601 965.00 202 7040 Supplies - Vehicle R&M 10004627015 Replacement Wheel Barrow - PW 199.99 203 7040 Supplies - Vehicle R&M 2479-258069 Stabilizer - PW 5064 38.21 204 7040 Supplies - Vehicle R&M 2479-257933 Return Serpentine Belt - PW 5078 (24.79) 205 7040 Supplies - Vehicle R&M 2479-257860 2 Serpentine Belts - PW 5078 48.66 206 7040 Supplies - Vehicle R&M 3001582416 Pulley, Tensioner, Water Pumps - PW 5037 488.17 207 7040 Supplies - Vehicle R&M 3001431719 Return Core and Clamps - PW 5082/Water 9032 (361.28) 208 7040 Supplies - Vehicle R&M 3001596038 Fan Belt - PW 5037 157.32 209 7040 Supplies - Vehicle R&M 1359197 Salt Deflector - PW 5015 91.56 210 7040 Supplies - Vehicle R&M 490-102539-01 (2) 12V Batteries - Stock 179.70 211 7045 Supplies - Building R&M 2136831 3 Urinals, 3 Urinal Fixtures, 2 Water Coolers - PW Restrooms 7,196.81 212 7045 Supplies - Building R&M 72096 2 Reciprocating Blades, Door Bottom, Particle Brd-History Museum 49.11 213 7045 City Hall 97651835 Air Freshener - City Hall 126.50 50 5805 Banner Plumbing Supply Co Inc 50 1057 Menards Incorporated 50 5214 State Industrial Products 50 4280 Rush Truck Centers of Illinois Inc 50 4304 Auto Truck Group 50 4328 Batteries Plus Bulbs 50 3518 O'Reilly Auto Parts 50 4280 Rush Truck Centers of Illinois Inc 50 4280 Rush Truck Centers of Illinois Inc 50 4093 HDS White Cap Construction Supply 50 3518 O'Reilly Auto Parts 50 3518 O'Reilly Auto Parts 50 5436 Scrubber City Incorporated 50 5214 State Industrial Products 50 2329 Federal Signal Corp Emergency Products 50 1054 Lee Auto Parts 50 5823 Interstate Power Systems Inc 50 5985 Winter Equipment Company Inc 50 1054 Lee Auto Parts 50 1054 Lee Auto Parts 50 1054 Lee Auto Parts 50 1054 Lee Auto Parts 50 1054 Lee Auto Parts 50 1054 Lee Auto Parts 50 1054 Lee Auto Parts 50 1054 Lee Auto Parts 50 1054 Lee Auto Parts Page 10 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 03/21/2016 Org Account Vendor 214 7045 City Hall DEP/031644 Cat 5 Cable - IT 57.80 215 7045 City Hall 71035 2 Outlets and 2 Plates - City Hall 19.52 216 7045 City Hall 71036 Smoke Alarm - City Hall 17.76 217 7045 City Hall 71604A 16 Steel Switch Plates - City Hall 22.13 218 7045 City Hall 41516 Police Records Signage for Lobby 15.75 219 7045 City Hall 642345-0 Lobby Signage - 1 Free-Standing Sign for Early Voting 228.44 220 7045 Public Works 0213-4 (5) Gallons of Paint, 2 Paint Rollers - PW 195.88 221 7045 Public Works T602290 TV Mount - PW Break Room 155.99 222 7045 Public Works 71775 6 Pieces of Durock, 10 Metal Corners, Screws, Tape - PW 142.99 223 7045 Public Works 72037 Return 2 Boxes of Tapcon Screws - PW (26.88) 224 7045 Public Works 72011 8 Pieces Drywall, 2 Rolls Floor Protectant, 2 Boxes Tapcons PW 236.44 225 7045 Public Works 72036 2 Boxes of Tapcons, Vinyl J Bead - PW 28.67 226 7045 Public Works 71388 Tile Adhesive - PW 27.99 227 7045 Public Works 71425 2 Nozzles and Tape for PW Wash Bay 32.94 228 7045 Public Works 72038 2 Boxes of Flathead Tapcons - PW 26.88 229 7045 Public Works 71474 2 Extension Cords, Tuff Grip Fish Wire, Electrical Tape - PW 179.18 230 7045 Public Works 71472 Dishwasher Connector, Caulk, Anchors, Eye Bolts and Nuts - PW 35.52 231 7045 Public Works 71711 PVC Pipe, PVC Primer, All Purpose Cement, Screws PW 25.73 232 7045 Public Works 71823 10 Metal Studs, 4 Recessed Lights, Rotary Tool Kit - PW 158.14 233 7045 Public Works 71382 30 Metal Studs, 5 Boxes of Ceramic Tiles, Wooden Screws - PW 350.69 234 7045 Public Works 71172 Countertops - PW Lunchroom 704.47 235 7045 Public Works 71020 60 Steel Studs and Screws - PW 275.16 236 7045 Public Works 70955 2 Caulk Gun Nozzles, Razors, Scrapper, Toggle Bolts- PW 27.13 237 7045 Public Works 70838 2 Wood Studs, Durabond - PW 10.82 238 7045 Public Works 160755 Aqua-KEM - PW Restroom 25.98 239 7045 Public Works 676689 2.5 Cubic Yards Concrete for PW Floor Delivered on 02/02/2016 525.00 240 7045 Public Works DEP/032047 12 Quad Boxes for PW 597.36 50 3213 Ehrhardt's RV Trailer Sales 50 3217 Ozinga Ready Mix Concrete Inc 50 2313 City Electric Supply (CES) 50 1057 Menards Incorporated 50 1057 Menards Incorporated 50 1057 Menards Incorporated 50 1057 Menards Incorporated 50 1057 Menards Incorporated 50 1057 Menards Incorporated 50 1057 Menards Incorporated 50 1057 Menards Incorporated 50 1057 Menards Incorporated 50 1057 Menards Incorporated 50 1057 Menards Incorporated 50 1057 Menards Incorporated 50 1057 Menards Incorporated 50 1057 Menards Incorporated 50 1057 Menards Incorporated 50 1527 Sherwin Williams 50 1705 Sears Commercial One 50 1057 Menards Incorporated 50 1057 Menards Incorporated 50 1017 Alphagraphics 50 1220 Runco Office Supply 50 2313 City Electric Supply (CES) 50 1057 Menards Incorporated 50 1057 Menards Incorporated Page 11 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 03/21/2016 Org Account Vendor 241 7045 Public Works DEP/032260 Conduit and 50 Conduit Connectors - PW 131.59 242 7045 Public Works DEP/031801 16 Light Bulbs - PW 9.76 243 7045 Public Works DEP/031670 125 V Plug - PW 11.75 244 7045 Public Works DEP/032148 2 Chrome Outlet Plates, GFI Outlet Plate - PW 4.65 245 7045 Public Works 153551 2 Garbage Cans with Lids - PW Breakroom 359.62 246 7045 Public Works 153403 Shower Basin - PW Restroom 159.00 247 7045 Public Works 153218 2 Garbage Cans with Lids - PW Locker Room 359.62 248 7045 Fire Station #61 7058731 Re-Key Storage Room - Fire Station 61 02/25/2016 232.70 249 7050 Supplies - Streetscape 25844 12 Replacement American Flags 852.54 250 7055 Supplies - Street R&M 56921MB 3.48 Tons of Cold Patch Asphalt - Utility Repairs - 02/03/2016 455.88 251 7055 Street Light Supplies DEP/032166 10 Fuses for Light Poles 107.80 252 7055 Street Sign Supplies 85653 50 Road Marker Posts 1,795.40 253 7120 Gasoline 25596-1 5,008 Gallons of Unleaded Fuel Purchase and Delivered 02/17/2016 4,783.38 254 7130 Diesel 25598-1 3,000 Gallons of Diesel Fuel Purchase and Delivered 02/17/2016 3,867.42 255 7140 Electricity 0459113083-02/16 Electricity Service 01/19- 02/16/2016 15,828.70 256 7140 Electricity 4974507003-02/16 Electricity Service 01/12- 02/10/2016 413.45 257 7140 Electricity 2607132134-02/16 Electricity Service 01/08- 02/09/2016 276.17 258 7300 Uniforms T380003 2 Shirts, Jeans - Building Foreman 147.40 259 7320 Equipment < $5,000 9760463896 Cell Phone Service 01/14- 02/13/2016 99.98 260 7320 Equipment < $5,000 CFQ2724 IT Server Tower - PW 1,426.10 261 8005 Computer Hardware B04625131 Canon Image Dr-630C Scanner for PW 2,640.00 262 352,145.49 263 264 5325 Training 6448 Supervision of Police Personnel 09/12-09/23/2016 for 1 Sgt 1,000.00 265 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 297.92 266 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 956.01 267 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 1,367.94 268 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 497.36 60 1552 Verizon Wireless 60 1552 Verizon Wireless 60 1552 Verizon Wireless Total 50 - Public Works & Engineering Police Department 60 1661 Northwestern University Center for Public Safety 60 1552 Verizon Wireless 50 1552 Verizon Wireless 50 1026 CDW LLC 50 4715 SHI International Corporation 50 1033 ComEd 50 1033 ComEd 50 1705 Sears Commercial One 50 5415 Gas Depot Inc 50 5415 Gas Depot Inc 50 1033 ComEd 50 1086 Arrow Road Construction 50 2313 City Electric Supply (CES) 50 1732 Traffic Control & Protection Inc 50 5699 March Industries Inc 50 1018 Anderson Lock Company LTD 50 2438 Flag Lady Corp The 50 2313 City Electric Supply (CES) 50 5699 March Industries Inc 50 5699 March Industries Inc 50 2313 City Electric Supply (CES) 50 2313 City Electric Supply (CES) 50 2313 City Electric Supply (CES) Page 12 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 03/21/2016 Org Account Vendor 269 6110 Printing Services 45667 1,085 Arrest/Court Envelope Jackets for Patrol Division 950.00 270 6110 Printing Services 37653 1 Box of Business Cards 20.00 271 6110 Printing Services 37774 1 Box of Business Cards 20.00 272 6185 Animal Control 12115 Stray Animals February 2016 279.40 273 6195 Miscellaneous Contractual Services INV72575 Crate Rental for Records Move 12/04-12/14/2015 195.00 274 6195 Miscellaneous Contractual Services 9409417101 Shredding Service PD 02/12/2016 137.39 275 6195 Miscellaneous Contractual Services 9409516458 Shredding Service PD 02/19/2016 137.39 276 6195 Miscellaneous Contractual Services 02656471 Investigations Database 01/26- 02/25/2016 262.36 277 6305 R&M Equipment 102590 Service Call 1/25/16 (Low Audio on Camera System) 120.00 278 6310 R&M Vehicles Jan 2016 Police 52 Squad Car Washes January 2016 for Police 260.00 279 7000 Office Supplies PINV1109836 12 Cases of Copy Paper, 4 Label Cartridges 674.14 280 7000 Office Supplies PINV1111453 2 Spindles of CDRs, 1 Box CD Envelopes, 2 Boxes Post-It Flags 372.72 281 7000 Office Supplies PINV1106895 One 3" Binder, 1 Dz Pens, 1 Dz Correction Tape Rolls 49.30 282 7000 Office Supplies CM155912 Returned 1 Wall File Tray (7.24) 283 7000 Office Supplies PINV1113481 3 Boxes of 6 Section Pressboard Classification Folders 131.97 284 7015 Supplies - Police Range 0294003-IN 15 Shooting Glasses, 12 Paper Targets, Plastic Head Target 516.00 285 7200 Other Supplies 0718002436 2 Lifesaving Awards 344.66 286 7200 Other Supplies 468902 1 Antiseptic Bio Hand Cleaner 64 Oz 27.40 287 7200 Other Supplies 12145198.01 10 Soft Tactical Tourniquets 299.90 288 7300 Uniforms 14075 Retirement Badge & Case for Sgt 151.10 289 7300 Uniforms 1610229-IN 3 ANSI Lime Traffic Vests 134.97 290 7300 Uniforms 1610230-IN Five MK3 Mace Cases 149.95 291 7320 Equipment < $5,000 6230 Pro Guard Bumper Kit for Squad #58 279.00 292 7525 Meals 5478 5 Cases Welches Juice, 8 Cases Hot Pockets-Prisoner Meals 145.74 293 9,770.38 294 295 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 383.61 296 7320 Equipment < $5,000 9760463896 Cell Phone Service 01/14- 02/13/2016 819.94 297 1,203.55Total 65 - Emergency Management Agency Total 60 - Police Department Emergency Management Agency 65 1552 Verizon Wireless 65 1552 Verizon Wireless 60 1244 Ray O'Herron Company Inc 60 1045 Havey Communications 60 1076 Sam's Club Direct 60 1722 Brownells Inc 60 1117 Chicago Badge & Insignia Co 60 1244 Ray O'Herron Company Inc 60 2883 Law Enforcement Targets Inc 60 1236 Proforma 60 1121 Chief Supply Corp 60 1389 Garvey's Office Products Inc 60 1389 Garvey's Office Products Inc 60 1389 Garvey's Office Products Inc 60 1036 Des Plaines Car Wash 60 1389 Garvey's Office Products Inc 60 1389 Garvey's Office Products Inc 60 1077 Shred-It USA LLC 60 1517 Trans Union LLC 60 3653 Active Alarm Company Inc 60 4125 Golf Rose Boarding & Grooming 60 5890 Rentacrate LLC 60 1077 Shred-It USA LLC 60 1142 Copyset Center 60 1233 Presstech Inc 60 1233 Presstech Inc Page 13 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 03/21/2016 Org Account Vendor 298 299 5325 Training Petty Cash-Fire Petty Cash Reimb for 2015 20.00 300 5325 Training Petty Cash-Fire Petty Cash Reimb for 2015 20.00 301 5325 Training 47686 Ice Dive Class - 3 Paramedics 02/25-02/26/2016 825.00 302 5325 Training Reimb 01/05/2016 Reimburse for Promo Workshop Class 02/23 & 2/24/2016 300.00 303 5325 Training 2016 Spring Symp Spring Symposium-Fire Chief 03/03/2016 60.00 304 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 239.64 305 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 170.82 306 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 736.80 307 6195 Miscellaneous Contractual Services 9409514112 On-Site Shredding 02/19/2016 53.66 308 6310 R&M Vehicles Jan 2016-Fire 2 Car Washes-Jan 2016 10.00 309 7035 Supplies - Equipment R&M Petty Cash-Fire Petty Cash Reimb for 2015 14.98 310 7035 Supplies - Equipment R&M Petty Cash-Fire Petty Cash Reimb for 2015 5.49 311 7035 Supplies - Equipment R&M Petty Cash-Fire Petty Cash Reimb for 2015 8.98 312 7200 Other Supplies Petty Cash-Fire Petty Cash Reimb for 2015 3.00 313 7200 Other Supplies Petty Cash-Fire Petty Cash Reimb for 2015 13.21 314 7200 Other Supplies Petty Cash-Fire Petty Cash Reimb for 2015 13.99 315 7200 Other Supplies 17231567 4 Extinguisher Can Harnesses 169.51 316 7200 Other Supplies 0901989 3 EMS Lock Box Keys 11.40 317 7300 Uniforms O 30247 Sew on 107 Patches 01/06/2016 451.00 318 7300 Uniforms 30443 1 Job Shirt for 1 Inspector 65.00 319 7300 Uniforms 29306 4 Shirts for 1 Part-Time Inspector 168.00 320 7320 Equipment < $5,000 5206 New Vacuum-Sta 61 579.52 321 7320 Equipment < $5,000 S7810 2 Dry Suits 3,860.00 322 7320 Equipment < $5,000 Petty Cash-Fire Petty Cash Reimb for 2015 20.99 323 7320 Equipment < $5,000 Petty Cash-Fire Petty Cash Reimb for 2015 17.95 324 7320 Equipment < $5,000 Petty Cash-Fire Petty Cash Reimb for 2015 15.89 325 7,854.83 326 327 7000 Office Supplies 825295828001 2 Cases of Copy Paper, 1 Dz Legal Writing Pads, Etc 5.49 328 5.49 329 594,383.07 330 331 6000 Professional Services 31769820001 Task Order #3 01/01-1/31/2016 1,373.40 Total 100 - General Fund Fund: 201 - TIF #1 Downtown Fund 00 2785 Walker Parking Consultants Total 70 - Fire Department Overhead 90 1066 Office Depot Total 90 - Overhead 70 1801 Petty Cash 70 1801 Petty Cash 70 1801 Petty Cash 70 3212 On Time Embroidery Inc 70 3619 Vacuum Experts 70 5244 American Diving Supply 70 1018 Anderson Lock Company LTD 70 3212 On Time Embroidery Inc 70 3212 On Time Embroidery Inc 70 1801 Petty Cash 70 1801 Petty Cash 70 1148 WS Darley & Co 70 1801 Petty Cash 70 1801 Petty Cash 70 1801 Petty Cash 70 1077 Shred-It USA LLC 70 1036 Des Plaines Car Wash 70 1801 Petty Cash 70 1552 Verizon Wireless 70 1552 Verizon Wireless 70 1552 Verizon Wireless 70 2440 DJS Scuba Locker Inc 70 5999 Dillon, Terry 70 1482 Metropolitan Fire Chiefs Association of Illinois Fire Department 70 1801 Petty Cash 70 1801 Petty Cash Page 14 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 03/21/2016 Org Account Vendor 332 6005 Legal Fees 3305801 1-16 Non-Retainer TIF #1 Matters 195.00 333 6145 Custodial Services 2016-02-12 Custodial Services - February 2016 720.30 334 6150 City Maintenance 021616-Desplaine Sidewalk Salting - 02/16/2016 2,700.00 335 6150 City Maintenance 122915-Desplaine Sidewalk Snow Shoveling 12/28 - 12/29/2015 5,400.00 336 6195 Miscellaneous Contractual Services 3664998 Pest Control at Metra Station 02/16/2016 36.00 337 6195 Miscellaneous Contractual Services 022273774 Mat Rental - Metra Station 02/16/2016 44.04 338 6195 Miscellaneous Contractual Services 022276835 Mat Rental - City Hall/Metra Station 02/23/2016 44.04 339 6325 R&M Street Lights 25327 Light Repairs - Civic Center Parking Deck - 12/02/2015 1,204.73 340 6601 Subsidy - Business Assistance BAP 02/29/2016 Awning Business Assistance Grant 02/29/2016 3,780.00 341 7140 Electricity 0237106099-02/16 Electricity Service 01/12- 02/11/2016 340.04 342 7140 Electricity 0445091056-02/16 Electricity Service 01/12- 02/11/2016 335.58 343 7140 Electricity 0392121005-02/16 Electricity Service 01/12- 02/11/2016 198.50 344 7140 Electricity 6045062008-02/16 Electricity Service 01/12- 02/10/2016 119.19 345 7140 Electricity 5310658082-02/16 Electricity Service 01/12- 02/11/2016 54.16 346 7140 Electricity 5310657021-02/16 Electricity Service 01/12- 02/11/2016 45.71 347 16,590.69 348 16,590.69 349 350 6000 Professional Services 127665 Engr Svcs - Orchard Place Reconstruction 01/01- 01/30/2016 25,573.06 351 6005 Legal Fees 3303895 1-16 Non-Retainer TIF #7 Matters 30,724.00 352 56,297.06 353 56,297.06 354 355 7140 Electricity 0193753007-12/15 Electricity Service 11/11- 12/14/2015 77.24 356 7140 Electricity 0193753007-02/16 Electricity Service 01/15- 02/16/2016 74.47 357 7140 Electricity 3471079047-02/16 Electricity Service 01/11- 02/11/2016 44.83 358 7140 Electricity 0725000037-02/16 Electricity Service 01/12- 02/12/2016 7.23 00 1033 ComEd 00 1033 ComEd 00 1033 ComEd Total 00 - Non Departmental Total 207 - TIF #7 Mannheim/Higgins South Fund: 230 - Motor Fuel Tax Fund 00 1033 ComEd Total 201 - TIF #1 Downtown Fund Fund: 207 - TIF #7 Mannheim/Higgins South 00 1123 Christopher B Burke Engineering LTD 00 3447 Holland & Knight LLP 00 1033 ComEd 00 1033 ComEd Total 00 - Non Departmental 00 1033 ComEd 00 1033 ComEd 00 1033 ComEd 00 1044 H&H Electric Co 00 4439 Square Deal Shoe Store 00 1033 ComEd 00 1019 Anderson Pest Solutions 00 1029 Cintas #22 00 1029 Cintas #22 00 5343 ABC Commercial Inc 00 5139 All Cleaners Incorporated 00 5139 All Cleaners Incorporated 00 3447 Holland & Knight LLP Page 15 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 03/21/2016 Org Account Vendor 359 7140 Electricity 3657136067-02/16 Electricity Service 01/12- 02/10/2016 295.71 360 7140 Electricity 2644104014-02/16 Electricity Service 01/08- 02/09/2016 436.57 361 7160 Ice Control 5400997481 7 Loads of Bulk Rock Salt Delivered 02/16/2016 9,812.15 362 7160 Ice Control 5400994829 3 Loads of Bulk Rock Salt Delivered 02/12/2016 4,443.32 363 7160 Ice Control 5400993125 12 Loads of Bulk Rock Salt delivered 02/11/2016 17,246.57 364 32,438.09 365 32,438.09 366 367 6570 Subsidy - Residential Rehab HR Program 02/16 Home Repair Program 02/24/2016 20,000.00 368 6570 Subsidy - Residential Rehab HR Program 03/16 Home Repair Program 03/01/2016 885.00 369 20,885.00 370 20,885.00 371 372 6000 Professional Services 67247 Engr Services - Ballard Road Sidewalk/Sidepath 01/01- 01/30/2016 2,000.00 373 6000 Professional Services 37709950 R-180-14 Const. Engr-River Rd Recon Ph 2 01/01-01/29/2016 67,693.87 374 69,693.87 375 69,693.87 376 377 6000 Professional Services C16-022 Design Development for Police Dept. 2nd Floor 02/25/2016 2,760.00 378 6115 Licensing/Titles 73464W-B 2016 Late Fee Due to Vehicle Not Passing Emissions 20.00 379 6195 Miscellaneous Contractual Services 00347626 Vet Exam & Medication for Police Canine 02/18/2016 22.75 380 7300 Uniforms 41383 40 Black Watch Hats W/DPPD Embroidery 900.00 381 7300 Uniforms 41384 Ballistic Vest Cover for New Sgt 165.00 382 7320 Equipment < $5,000 65343 Computer Mount for Animal Control Vehicle 610.00 383 4,477.75 384 4,477.75 Total 00 - Non Departmental Total 260 - Asset Seizure Fund 00 1489 JG Uniforms Inc 00 1489 JG Uniforms Inc 00 1384 Future Link of Illinois Inc 00 1112 Architectural Consulting Group LTD 00 1744 IL Secretary of State 00 1266 Northwest Animal Hospital PC 00 1163 URS Corp Total 00 - Non Departmental Total 250 - Grant Projects Fund Fund: 260 - Asset Seizure Fund Total 00 - Non Departmental Total 240 - CDBG Fund Fund: 250 - Grant Projects Fund 00 1199 Spaceco Inc Total 230 - Motor Fuel Tax Fund Fund: 240 - CDBG Fund 00 1264 North West Housing Partnership 00 1264 North West Housing Partnership 00 1372 Morton Salt 00 1372 Morton Salt Total 00 - Non Departmental 00 1033 ComEd 00 1033 ComEd 00 1372 Morton Salt Page 16 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 03/21/2016 Org Account Vendor 385 386 6005 Legal Fees 3303906 1-16 Non-Retainer ETSB Restructuring 104.00 387 104.00 388 6305 R&M Equipment 90028016 Computer Hardware Maintenance 911 Backup Center, February 2016 200.00 389 200.00 390 304.00 391 392 6000 Professional Services 127664 Engr Svcs-Storm Water Impr Jarvis Fargo River 01/01- 01/30/2016 1,926.00 393 6000 Professional Services 31769820001 Task Order #3 01/01-1/31/2016 686.60 394 6000 Professional Services 77948A 2015 Benchmark Verification 01/01-01/31/2016 4,491.25 395 6000 Professional Services 116298 Engr Srvs. 2015 CRS Program Recertification 01/05- 01/30/2016 337.43 396 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 217.74 397 9260 Transfer to Grant Projects Fund 67247 Engr Services - Ballard Road Sidewalk/Sidepath 01/01- 01/30/2016 500.00 398 8,159.02 399 8,159.02 400 401 8015 Equipment QA3017 2 Skid Steer Leases - 2016 4,500.00 402 8020 Vehicles 015431 Accident Repair for Sweeper #225/5056 on 02/17/2016 15,490.25 403 19,990.25 404 19,990.25 405 406 8000 Computer Software 046719 Time and Attendance Interface Module 4,860.00 407 8000 Computer Software 046461 Milestone Billing Project Completion 05/04-11/06/2015 27,540.00 408 8005 Computer Hardware IN00095243 PW Printer-Plotter HP T2530 6,495.00 409 38,895.00 410 38,895.00 00 1505 Clifford-Wald & Co Total 00 - Non Departmental Total 420 - IT Replacement Fund Total 410 - Equipment Replacement Fund Fund: 420 - IT Replacement Fund 00 1257 New World Systems Corp 00 1257 New World Systems Corp 00 1088 Atlas Bobcat LLC 00 4998 Perr Truck & Trailer Body Inc Total 00 - Non Departmental 00 1199 Spaceco Inc Total 00 - Non Departmental Total 400 - Capital Projects Fund Fund: 410 - Equipment Replacement Fund 00 2436 Haeger Engineering LLC 00 5659 V3 Companies of Illinois Ltd 00 1552 Verizon Wireless Total 280 - Emergency Telephone System Fund Fund: 400 - Capital Projects Fund 00 1123 Christopher B Burke Engineering LTD 00 2785 Walker Parking Consultants Total 00 - Non Departmental 60 2933 SMS Systems Maintenance Services Inc Total 60 - Police Department Fund: 280 - Emergency Telephone System Fund 00 3447 Holland & Knight LLP Page 17 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 03/21/2016 Org Account Vendor 411 412 4601 New Construction - Sale of Water Refund 02/22/16 Hydrant Refund 02/22/2016 (737.80) 413 5310 Membership Dues 7001161517 Membership Renewal 05/01/2016-04/30/2017- Foreman 83.00 414 6000 Professional Services 1704630 TO #7-Central Rd Construction Oversight 01/02-01/29/2016 R- 84-15 63,007.24 415 6000 Professional Services 1704634 Task Order #8 On-Call SCADA Support, 10/31/15-1/29/16 R- 135-13 1,057.00 416 6000 Professional Services 1704637 Peterson Lake Pump Station Eng Services TO #9 01/02- 1/29/2016 2,872.00 417 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 97.92 418 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 851.23 419 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 254.05 420 6025 Administrative Services 160206 Water Meter Reading Services 02/10-02/25/2016 6,649.62 421 6195 Miscellaneous Contractual Services 4148.413-1A Consulting Services - Water Quality Testing 01/01- 01/24/2016 2,235.00 422 6195 Miscellaneous Contractual Services 128076 Temporary Restroom - PW 01/22 - 02/18/2016 480.00 423 6195 Miscellaneous Contractual Services 128076 Temporary Restroom - PW 01/22 - 02/18/2016 480.00 424 6310 R&M Vehicles BC2752 Replaced 8 Tires - Water 9035 / PW 5081 02/15/2016 910.00 425 6510 Subsidy - Flood Assistance FRP16-004 Flood Rebate 03/01/2016 2,000.00 426 7020 Supplies - Safety 2/817700 24 Pairs of Safety Glasses & Gloves 167.20 427 7040 Supplies - Vehicle R&M 55995 Alternator - Sewer 8020 185.00 428 7040 Supplies - Vehicle R&M 408-996011 2 Oil Filters, 2 Fuel Filters, Air Filter - Sewer 8006 98.15 429 7040 Supplies - Vehicle R&M 408-996024 U - Joint - Sewer 8028 15.39 430 7040 Supplies - Vehicle R&M 408-993845 Resistor, Blower with Cage - Sewer 8006 58.60 431 7040 Supplies - Vehicle R&M 408-993803 Resistor - Sewer 8006 18.81 432 7040 Supplies - Vehicle R&M 595068 2 Air Filters, Oil and Fuel Filters - Sewer 8020 125.82 433 7040 Supplies - Vehicle R&M 1260570134 4 Oil Fill Caps - Sewer 8020 48.88 434 7040 Supplies - Vehicle R&M 1260480146 2 Brake Clevis - Sewer 8020 9.62 435 7040 Supplies - Vehicle R&M 6027527678207 Return Rod End - Sewer 8027 (102.95) 00 1078 Acme Truck Brake & Supply Co 00 1078 Acme Truck Brake & Supply Co 00 5731 Advance Auto Parts 00 1054 Lee Auto Parts 00 1054 Lee Auto Parts 00 1062 NAPA of Des Plaines 00 1739 Morton Grove Automotive Inc 00 1054 Lee Auto Parts 00 1054 Lee Auto Parts 00 1088 Atlas Bobcat LLC 00 5998 Horwitz, Robert M 00 1703 Prosafety Inc 00 1394 Gewalt Hamilton Associates Inc 00 5951 Hoving Pit Stop Inc 00 5951 Hoving Pit Stop Inc 00 1552 Verizon Wireless 00 1552 Verizon Wireless 00 5939 Rickman Contract Services Inc 00 1356 MWH Americas Inc 00 1356 MWH Americas Inc 00 1552 Verizon Wireless 00 5755 Krusinski Construction Co 00 1563 American Water Works Assoc (AWWA) 00 1356 MWH Americas Inc Fund: 500 - Water/Sewer Fund Page 18 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 03/21/2016 Org Account Vendor 436 7040 Supplies - Vehicle R&M 3001733464 Thermostat - Sewer 8020 75.75 437 7040 Supplies - Vehicle R&M 3001657890 Water Pump, Pulley, Tensioner - Sewer 8020 488.17 438 7040 Supplies - Vehicle R&M 392769P 2 Power Steering Hoses - Water 9019 174.42 439 7040 Supplies - Vehicle R&M 392570P Transmission Cooler Line - Water 9019 182.62 440 7040 Supplies - Vehicle R&M 392411P Radiator, Muffler, Filter Assembly, Tubes, Hose - Water 9019 1,928.22 441 7040 Supplies - Vehicle R&M 408-996067 Return V Belt, and Compressor - Water 9016 (37.29) 442 7040 Supplies - Vehicle R&M 408-995032 2 Serpentine Belts, A/C Compressor - Water 9016 231.17 443 7040 Supplies - Vehicle R&M 408-996687 2 Tie Rods, 2 Lower & 2 Upper Ball Joint - Water 9025 440.15 444 7040 Supplies - Vehicle R&M 408-994501 2 Air, Oil, Hydraulic Filters - Water 9009 172.65 445 7040 Supplies - Vehicle R&M 408-992981 2 Air Filters - Water 9014 67.73 446 7040 Supplies - Vehicle R&M 408-992982 Hydraulic, Oil Filters - Water 9014 104.92 447 7040 Supplies - Vehicle R&M 408-993916 Flasher Directional - Water 9022 17.19 448 7040 Supplies - Vehicle R&M 408-995766 Orifice Tube, Compressor, Drier, Pulley, Mini Lamp - Water 9016 83.96 449 7040 Supplies - Vehicle R&M 408-995768 Return Accumulator and Orifice Tube - Water 9016 (38.58) 450 7040 Supplies - Vehicle R&M 6027527329991 Alternator - Water 201 114.99 451 7070 Other E955203 Emergency Water Main Repair Materials - Shagbark 6,154.30 452 7075 Supplies - Sewer System Maintenance 97637886 Grease Solvent 364.00 453 7120 Gasoline 25596-1 5,008 Gallons of Unleaded Fuel Purchase and Delivered 02/17/2016 321.96 454 7120 Gasoline 25596-1 5,008 Gallons of Unleaded Fuel Purchase and Delivered 02/17/2016 1,039.01 455 7130 Diesel 25598-1 3,000 Gallons of Diesel Fuel Purchase and Delivered 02/17/2016 312.20 456 7130 Diesel 25598-1 3,000 Gallons of Diesel Fuel Purchase and Delivered 02/17/2016 205.21 457 7140 Electricity 2038128006-02/16 Electricity Service 01/08- 02/09/2016 49.91 458 7140 Electricity 3526009006-02/16 Electricity Service 01/08- 02/10/2016 84.68 459 7140 Electricity 0640144010-02/16 Electricity Service 01/11- 02/10/2016 64.91 00 1033 ComEd 00 1033 ComEd 00 1033 ComEd 00 5415 Gas Depot Inc 00 5415 Gas Depot Inc 00 5415 Gas Depot Inc 00 1303 HD Supply Waterworks LTD 00 5214 State Industrial Products 00 5415 Gas Depot Inc 00 1054 Lee Auto Parts 00 1054 Lee Auto Parts 00 5731 Advance Auto Parts 00 1054 Lee Auto Parts 00 1054 Lee Auto Parts 00 1054 Lee Auto Parts 00 1054 Lee Auto Parts 00 1054 Lee Auto Parts 00 1054 Lee Auto Parts 00 1643 Golf Mill Ford 00 1643 Golf Mill Ford 00 1054 Lee Auto Parts 00 4280 Rush Truck Centers of Illinois Inc 00 4280 Rush Truck Centers of Illinois Inc 00 1643 Golf Mill Ford Page 19 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 03/21/2016 Org Account Vendor 460 7140 Electricity 2148094073-02/16 Electricity Service 01/12- 02/12/2016 134.76 461 7140 Electricity 5060090016-02/16 Electricity Service 01/08- 02/09/2016 137.91 462 7140 Electricity 0575134020-02/16 Electricity Service 01/05- 02/04/2016 138.39 463 7140 Electricity 4995025051-02/16 Electricity Service 01/08- 02/09/2016 32.85 464 7140 Electricity 3461136053-02/16 Electricity Service 01/06- 02/05/2016 32.36 465 7140 Electricity 6331089024-02/16 Electricity Service 01/07- 02/08/2016 477.71 466 7140 Electricity 5814097012-02/16 Electricity Service 01/11- 02/11/2016 31.85 467 7140 Electricity 0762050019-02/16 Electricity Service 01/08- 02/09/2016 71.17 468 7140 Electricity 3240002012-02/16 Electricity Service 12/30//2015- 02/01/2016 627.66 469 7140 Electricity 0096017042-02/16 Electricity Service 01/07- 02/08/2016 1,371.77 470 7140 Electricity 6152054027-02/16 Electricity Service 01/08- 02/09/2016 9,373.00 471 7140 Electricity 4436122006-02/16 Electricity Service 01/19- 02/17/2016 2,589.13 472 7140 Electricity 5646761001-02/16 Electricity Service 01/05- 02/04/2016 31.05 473 7140 Electricity 2902009038-02/16 Electricity Service 01/07- 02/08/2016 574.62 474 7140 Electricity 5222730006-02/16 Electricity Service 01/08- 02/09/2016 255.27 475 7140 Electricity 1602149012-02/16 Electricity Service 01/08- 02/09/2016 263.72 476 7140 Electricity 3526170000-02/16 Electricity Service 01/07- 02/08/2016 176.97 477 7140 Electricity 0718079040-02/16 Electricity Service 01/07- 02/08/2016 124.01 478 7140 Electricity 2382141015-02/16 Electricity Service 01/07- 02/08/2016 82.28 479 7200 Other Supplies 0961365-001 1 Box of Vehicle Inspection Sleeves 25.49 480 7320 Equipment < $5,000 9760463896 Cell Phone Service 01/14- 02/13/2016 237.48 481 8015 Equipment QA3017 2 Skid Steer Leases - 2016 4,500.00 482 8100 Improvements CRPS Imp-P6 Central Rd Pump Station Facility Imp 02/01-02/19/2016 - Pymt 6 398,395.08 483 8100 Improvements NWC-P2 NWC Conveyance Line Project 01/30-2/26/2016 Payment 2 1,407,711.15 484 8100 Improvements 95644 CRPS Bolted Pressure Switch Replacement 18,835.00 485 1,939,696.71 00 5974 Climate Pros Incorporated Total 00 - Non Departmental 00 1088 Atlas Bobcat LLC 00 5440 Manusos General Contracting Inc 00 5772 Berger Excavating Contractors Inc 00 1033 ComEd 00 1754 Logsdon Office Supply 00 1552 Verizon Wireless 00 1033 ComEd 00 1033 ComEd 00 1033 ComEd 00 1033 ComEd 00 1033 ComEd 00 1033 ComEd 00 1033 ComEd 00 1033 ComEd 00 1033 ComEd 00 1033 ComEd 00 1033 ComEd 00 1033 ComEd 00 1033 ComEd 00 1033 ComEd 00 1033 ComEd 00 1033 ComEd 00 1033 ComEd 00 1033 ComEd Page 20 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 03/21/2016 Org Account Vendor 486 6015 Communication Services 9760463896 Cell Phone Service 01/14- 02/13/2016 18.08 487 18.08 488 1,939,714.79 489 490 6320 R&M Parking Lots 968343 Repair Radio at Library Garage 12/16/15 202.00 491 7060 Supplies - Parking Lots DES/032070 30 Bulbs, 4 Photoeyes and 2 Breakers 693.69 492 7060 Supplies - Parking Lots DEP/032173 Ballasts & Breakers 395.46 493 7060 Supplies - Parking Lots DES/031867 91 Light Bulbs 872.45 494 7060 Supplies - Parking Lots DEP/031830 4 Exit Signs for Metro Garage 202.46 495 7140 Electricity 4791127023-02/16 Electricity Service 01/07- 02/09/2016 4,716.30 496 7140 Electricity 0354464001-02/16 Electricity Service 01/12- 02/11/2016 6,440.15 497 7140 Electricity 4974385007-02/16 Electricity Service 01/12- 02/11/2016 23.75 498 7140 Electricity 4722388001-02/16 Electricity Service 01/07- 02/08/2016 19.74 499 7140 Electricity 2239082030-02/16 Electricity Service 01/12- 02/10/2016 890.78 500 7140 Electricity 5310303000-02/16 Electricity Service 01/12- 02/11/2016 282.49 501 14,739.27 502 14,739.27 503 504 7140 Electricity 5310666002-02/16 Electricity Service 01/07- 02/09/2016 1,220.94 505 1,220.94 506 1,220.94 507 508 5555 Workers' Comp Expense FSPBM3768448 Workers Compensation Expense for 02/06/2016 598.16 509 5555 Workers' Comp Expense 02/09-02/22/2016 Workers Compensation 02/09- 02/22/2016 989.12 510 6005 Legal Fees 3303903 1-16 Non-Retainer PSEBA Proceedings 2,282.50 511 3,869.78 512 3,869.78 00 1715 First Script Network Services Inc 00 1657 Richard, Thomas 00 3447 Holland & Knight LLP Total 00 - Non Departmental Total 600 - Risk Management Fund 00 1033 ComEd Total 00 - Non Departmental Total 520 - Metra Leased Parking Fund Fund: 600 - Risk Management Fund 00 1033 ComEd Total 00 - Non Departmental Total 510 - City Owned Parking Fund Fund: 520 - Metra Leased Parking Fund 00 1033 ComEd 00 1033 ComEd 00 1033 ComEd 00 2313 City Electric Supply (CES) 00 1033 ComEd 00 1033 ComEd 00 2313 City Electric Supply (CES) 00 2313 City Electric Supply (CES) 00 2313 City Electric Supply (CES) Total 30 - Finance Total 500 - Water/Sewer Fund Fund: 510 - City Owned Parking Fund 00 1544 Fox Valley Fire & Safety Company Inc 30 1552 Verizon Wireless Page 21 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 03/21/2016 Org Account Vendor 513 514 4764 Medical PPO Retiree Refund 02/01/16 Medical Premium Refund 02/01/2016 664.70 515 664.70 516 664.70 517 518 2445 Escrow - Fire Department Donations 26544 88 Hi-Visibility Coats-Donation Fund 22,099.44 519 2460 Refundable Bonds 2015-05000166 Temporary Tent Refund 02/18/2016 200.00 520 2464 Hydrant Deposits Refund 02/22/16 Hydrant Refund 02/22/2016 1,100.00 521 23,399.44 522 23,399.44 523 GRAND TOTAL 2,845,722.73 Total 610 - Health Benefits Fund N/A 5755 Krusinski Construction Co Total N/A Fund: 610 - Health Benefits Fund N/A 3212 On Time Embroidery Inc N/A 4245 Islamic Community Center Total 700 - Escrow Fund 00 6005 Heavey, John Total 00 - Non Departmental Fund: 700 - Escrow Fund Page 22 of 25 Line #Invoice Invoice Desc Amount 524 525 6015 Communication Services 02/22/2016 x6044 Internet/Cable Service 02/21- 03/20/2016 95.00 526 95.00 527 6015 Communication Services 02/18/2016 x6724 Internet/Cable Service Mar 2016 16.76 528 16.76 529 6015 Communication Services 02/22/2016 x6716 Internet/Cable Service March 2016 14.66 530 14.66 531 6115 Licensing/Titles 3/21/16-3/20/20 Lead Instructor 0001098482 - License for Div Chief of EMS 40.00 532 40.00 533 6015 Communication Services 02/02/2016 x1246 Internet/Cable Service Feb 2016 1,644.15 534 1,644.15 535 2471 Red Light Payable 170560036816035 3 Red Light Cash Payment 02/26/2016 100.00 536 100.00 537 1,910.57 538 539 7110 Natural Gas 02/15/16 x603131 Natural Gas Service 01/14/2016-02/12/2016 48.83 540 7110 Natural Gas 02/15/16 x550488 Natural Gas Service 01/14/2016-02/15/2016 124.81 541 173.64 542 173.64 543 544 6195 Miscellaneous Contractual Services 485 Bellaire FEMA Property 2015 1st INST COOK CTY RE TAXES 2,219.90 545 2,219.90 546 2,219.90 547 548 6015 Communication Services 847Z97367002-16 Communication Service 02/16- 03/15/2016 389.95 549 389.95 550 389.95 Org Account Vendor City of Des Plaines Warrant Register - 03/21/2016 Manual Checks Fund: 100 - General Fund 20 1533 Wide Open West Total 20 - City Administration 60 1032 Comcast Cable Total 60 - Police Department 65 1032 Comcast Cable Total 65 - Emergency Management Agency 70 1472 IL Department of Public Health Total 70 - Fire Department 90 1533 Wide Open West Total 90 - Overhead N/A 4297 Des Plaines Photo Enforcement Program Total N/A Total 100 - General Fund Fund: 201 - TIF #1 Downtown Fund 00 1064 Nicor 00 1064 Nicor Total 00 - Non Departmental Total 201 - TIF #1 Downtown Fund Fund: 250 - Grant Projects Fund 00 1139 Cook County of Illinois Total 00 - Non Departmental Total 250 - Grant Projects Fund Fund: 280 - Emergency Telephone System Fund 60 1009 AT&T Total 60 - Police Department Total 280 - Emergency Telephone System Fund Page 23 of 25 Line #Invoice Invoice Desc AmountOrgAccount Vendor City of Des Plaines Warrant Register - 03/21/2016 Manual Checks 551 552 6015 Communication Services 02/20/2016 x6216 Internet/Cable Service 02/27- 03/26/2016 109.85 553 7110 Natural Gas 02/17/16 x400005 Natural Gas Service 01/15/2016-02/17/2016 78.62 554 7110 Natural Gas 02/18/16 x500009 Natural Gas Service 01/19/2016-02/18/2016 130.92 555 7110 Natural Gas 02/18/16 x500005 Natural Gas Service 01/19/2016-02/18/2016 436.86 556 756.25 557 756.25 558 559 6525 Subsidy - Transfer to PSEBA Nov2015toFeb201 6 PSEBA Settlement Reimbursement Nov 2015-Feb 2016 6,530.05 560 6,530.05 561 6,530.05 562 GRAND TOTAL 11,980.36 Fund: 500 - Water/Sewer Fund 00 1032 Comcast Cable Total 00 - Non Departmental Total 610 - Health Benefits Fund 00 1064 Nicor 00 1064 Nicor 00 1064 Nicor Total 00 - Non Departmental Total 500 - Water/Sewer Fund Fund: 610 - Health Benefits Fund 00 6004 Brown, James Page 24 of 25 Amount Transfer Date Automated Accounts Payable 2,845,722.73$ **3/21/2016 Manual Checks 11,980.36$ **3/8/2016 Payroll 1,253,779.52$ 3/4/2016 445,043.79$ 2/26/2016 Electronic Transfer Activity: Bank of America Credit Card -$ Chicago Water Bill ACH -$ Postage Meter Direct Debits -$ Utility Billing Refunds -$ First Merit Bank Fees -$ IMRF Payments 154,815.47$ 2/9/2016 Debt Service -$ TIF #7 Land Purchase 600,000.00$ 3/8/2016 Employee Medical/Dental Trust 498.40$ *3/9/2016 Total Cash Disbursements:5,311,840.27$ * Multiple transfers processed on and/or before date shown ** See attached report Adopted by the City Council of Des Plaines This Twenty-First Day of March 2016 Ayes ______ Nays _______ Absent _______ Gloria J. Ludwig, City Clerk Matthew J. Bogusz, Mayor City of Des Plaines Warrant Register 03/21/2016 Summary RHS Payout Page 25 of 25 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: February 24, 2016 To: Michael G. Bartholomew, MCP, LEED AP, City Manager George Sakas, AICP, Director of Community and Economic Development From: Scott Mangum, AICP, Senior Planner Subject: Map Amendment from M-2 to C-3 and Conditional Use Permit for a Commercial School, 1870 Busse Highway, Case #16-003-MAP-CU, 1st Ward Issue: The petitioner is requesting an Amendment to the Official Des Plaines Zoning Map, as amended, to reclassify the property from the M-2, General Manufacturing Zoning District to the C-3, General Commercial Zoning District and a Conditional Use Permit under Section 12-7-3-F.3 of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of an esthetics and massage therapy school (Commercial School) in the C-3 District. Analysis: Petitioner Daniel Dowd for The New Age Spa Institute, Inc. 1651 Elk Boulevard, Des Plaines, IL 60016 Owner Harris Bank of Hinsdale Trust No. L-3923, 1810 Harwood Avenue, Homewood, IL 60430 PIN 09-21-107-011-0000, 09-21-107-019-0000 Proposed Use Commercial School (Esthetics and Massage School) Existing Use Office Building Surrounding Land Use North: Institutional (School) East: Single-Family Residential South: Light Industrial West: Commercial/Commercial Storage Existing Zoning M-2, General Manufacturing MEMORANDUM Page 1 of 29 Surrounding Zoning North: I-1, Institutional East: R-1, Single-Family Residential South: M-1, Limited Manufacturing West: M-2, General Manufacturing Street Classification The adjacent section of Busse Highway is identified as a collector road in the Comprehensive Plan. Comprehensive Plan The Comprehensive Plan recommends Low-Density Mixed Use for this site. In reviewing the map amendments and variation requests, staff has considered the following information: The petitioner, the New Age Spa Institute, has applied for a Map Amendment and Conditional Use Permit to relocate a Commercial School, esthetics and massage therapy, from a one-story, 3,100 square-foot office building at 1651 Elk Boulevard to the two-story, approximately 10,000 square-foot building at 1870 Busse Highway. Conditional Use Permits were granted in 2007 (Case #07-051-CU) and 2010 (Case #10-064-CU) to authorize the operation of the esthetics school and the addition of massage instruction at the 1651 Elk Boulevard location within the C-3 Zoning District. Commercial Schools are a conditional use within the C-3 Zoning District, but are not a permitted use in the M-2 Zoning District. According to Section 12-7-5.A of the Zoning Ordinance, the purpose of the C-3 General Commercial District is to accommodate a variety of businesses in locations to serve the community. The existing building would be in compliance with the C-3 bulk standards. The New Age Spa Institute, Inc., states in the Plan of Operation that they would offer the classes in the following area of study: 1. Licensed Esthetician; 2. Licensed Esthetics Instructor; 3. Licensed Nail Technician; 4. Licensed Nail Technology Instructor; 5. Licensed Massage Therapist; and 6. Advanced continuing education courses. The proposed hours of operation are from 9:00 a.m. to 9:00 p.m. Monday through Thursday, and 9:00 a.m. to 3:00 p.m. Friday through Sunday. The Institute would have no more than three employees and a maximum of 20 students at any one time. A clinic would be open to the public on a limited basis for the students to practice their skills in the areas of esthetics, nail technology, and massage therapy. This proposed commercial school is required to have one parking space for each employee, (there would be a maximum of three on site at any one time); one space for each three students (there would be a maximum of 20 students in school at any one time). Approximately six additional spaces would be required for the massage and skin care clinic areas. In consideration of the above, it was calculated that approximately 16 parking spaces would be necessary where the petitioner’s site plan shows 35 spaces. The irregularly shaped approximately 23,454 square foot lot (0.54 acres) is located on the north side of Busse Highway and has approximately 108 feet of street frontage with one curb cut. The applicant’s request for a waiver of the traffic study requirement has been granted by the Engineering Division due to a number of factors, including: the educational facility would generate a small amount of traffic for the context location; the use is going into an existing building; the zoning parking requirements fall well within the existing parking lot capacity; Busse Highway has significant excess capacity (3,200 ADT over four travel lanes); and Miner/Busse is proposed to be signalized within the next couple of years which will ease existing difficult Page 2 of 29 NB-WB left turns at that intersection. Standards for a Zoning Map Amendment To analyze this map amendment request, the standards for amendments contained in Section 12-3-7.E of the Zoning Ordinance are used. Following is a discussion of those standards: 1. Whether the proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan. The 2007 City of Des Plaines Comprehensive Plan recommends Low-Density Mixed Use for this site. The proposed commercial zoning and use of the site is more similar to the recommended future land use category and more compatible with the adjacent residential and institutional land uses than a number of uses that could be located within the existing M-2 Zoning District. 2. Whether the proposed amendment is compatible with the current conditions and the overall character of existing developments in the immediate vicinity of the subject property. The current conditions around the facility include a mix of industrial, commercial, educational, and single- family residential uses. The proposed commercial school within an existing office building is more compatible with the adjacent residential and institutional land uses than a number of uses that could be located within an M-2 Zoning District. 3. Whether the proposed amendment is appropriate considering the adequacy of public facilities and services available to the subject property. The public facilities and the public services provided by the City of Des Plaines are expected to be adequate. If the zoning amendment is approved, no expansion of public facilities or services is anticipated. 4. Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction. The proposed use of the site would change from a commercial office use to a commercial school where surrounding properties are a mix of residential, commercial, educational, and industrial. The amendment is not anticipated to have an adverse effect on the property values. 5. Whether the proposed amendment reflects responsible standards for development and growth. The proposed map amendment to reclassify the property to C-3, General Commercial does not directly reflect the proposed future land use of the area as Community Commercial, however, the location of the proposed use could act as a transition between the manufacturing and residential zoning districts and would be similar to an adjacent educational use. Conditional Use Findings: As required by Section 12-3-4.E (Standards for Conditional Uses) of the Zoning Ordinance, the proposed development is reviewed below: 1. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: A Commercial School is a Conditional Use in the proposed C-3, General Commercial Zoning District, as specified in Section 12-7-3.K of the 1998 City of Des Plaines Zoning Ordinance, as amended. Page 3 of 29 2. The proposed Conditional Use is in accordance with the objectives of the City’s Comprehensive Plan: Comment: The 2007 Comprehensive Plan recommends low-density mixed-use for the site. The proposed commercial zoning and use of the site is more similar to the recommended future land use category and more compatible with the adjacent residential and institutional land uses than a number of uses that could be located within the existing M-2 Zoning District. 3. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Comment: The proposed Commercial School is located on Busse Highway, a collector road that currently has an auto-oriented character. The proposed commercial school within an existing office building is more compatible with the adjacent residential and institutional land uses than a number of uses that could be located within an M-2 Zoning District. 4. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the Commercial School are anticipated to be hazardous or disturbing to the surrounding neighborhood. 5. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: After reviewing the petitioner’s plans, the proposed Conditional Use would be served adequately by essential public facilities and it would not overburden existing public services. 6. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Comment: The proposed Conditional Use would appear to have adequate public facilities; it would not create a burden on public facilities nor would it be a detriment to the economic well-being of the community. 7. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: Following review of the petitioner’s operations with the City’s Engineering Division, the proposed Commercial School is not anticipated to create additional traffic, noise, or odors that could be detrimental to surrounding land uses. 8. The proposed Conditional Use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: The proposed project would utilize the existing curb cut on Busse Highway for access. Based on an evaluation of the existing conditions and plans provided, staff does not find any evidence for potential interference with traffic patterns. 9. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, Page 4 of 29 or historic features of major importance: Comment: No significant remodeling or demolition of the existing building is proposed. The proposed plan would not cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. 10. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: It appears that the proposed conditional use complies with all additional regulations within the Zoning Ordinance. Recommendations: At its February 23, 2016 meeting the Planning and Zoning Board recommended (4-0) that the City Council approve the above-mentioned Conditional Use permit for the establishment of a Commercial School subject to the following condition of approval: 1. Hours of operation shall be limited to 9:00 a.m. to 9:00 p.m. I recommend approval of the Map Amendment from M-2 to C-3 and Conditional Use Permit for the establishment of a Commercial School, based on review of the information presented by the applicant and the findings made above, as specified in Sections Section 12-3-7.E (Standards for Amendments) and 12-3-4.E (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to the above-mentioned condition of approval. Under Sections 12-3-7.D (Amendments) and 12-3-4.D of the Zoning Ordinance (Conditional Uses) the City Council has the authority to approve, approve subject to conditions, or deny the above-mentioned Map Amendment from M-2 to C-3 and Conditional Use Permit for the establishment of a Commercial School. It is requested that this item be placed on the Committee of the Whole agenda at the March 21, 2016 City Council meeting. SM/sm Attachments: Attachment 1: Letter from the Planning and Zoning Board to the Mayor Attachment 2: Location Map Attachment 3: Site and Context Photos Attachment 4: Plan of Operation Attachment 5: February 23, 2016 Draft Planning and Zoning Board Meeting Minutes Exhibits: Ordinance authorizing a Map Amendment from M-2 to C-3 and Conditional Use Permit to authorize a Commercial School at 1870 Busse Highway. Exhibit A: Plat of Survey for 1870 Busse Road prepared by MM Surveying Co., Inc., and dated January 29, 2016. Exhibit B: Site Plan prepared by T.A.P Architects, Ltd, and dated January 8, 2016. Exhibit C: Proposed Floor Plans prepared by T.A.P Architects, Ltd, and dated January 8, 2016. Exhibit D: Unconditional Agreement and Consent. Page 5 of 29 Community & Economic Development 1420 Miner Street, Des Plaines, IL 60016 P: 847.391.5380 | W: desplaines.org February 23, 2016 Mayor Bogusz and Des Plaines City Council CITY OF DES PLAINES Subject: Zoning Board of Appeals, 1870 Busse Highway, Case # 16-003-MAP-CU, 1st Ward RE: Request for a Map Amendment from M-2 to C-3 and a Conditional Use Permit to operate a Commercial School Honorable Mayor and Members of the Des Plaines City Council: The Zoning Board of Appeals met on February 23, 2016 to consider the above petition. The Planning and Zoning Board submits the following: 1. Mr. Daniel Dowd, attorney for the petitioner, and Ms. Monika Machej, petitioner, presented the pertinent facts. 2. The Community and Economic Development Department recommended approval of the requested Map Amendment and Conditional Use Permit, subject to one condition of approval. 3. Two members of the public spoke with concerns about the proposal, including parking and lighting. 4. The Planning and Zoning Board recommended (4-0) that the City Council approve the Map Amendment and Conditional Use Permit to authorize operation of a Commercial School, subject to one condition of approval. Respectfully submitted, James Szabo, Des Plaines Planning and Zoning Board, Chairman cc: City Officials Aldermen File Attachment 1 Page 6 of 29 84 8 1887 93 2 94 8 93 3 1883 91 6 18 4 0 1891 18 7 7 92 4 94 1 92 5 91 7 88 8 86 5 90 1 90 8 94 9 84 1 95 7 89 6 85 7 90 0 89 7 83 2 84 0 88 0 18 7 0 84 9 82 0 18 6 9 87 2 86 4 85 6 90 9 94 0 96 5 18 7 1 - 1 8 7 3 88 1 18 6 1 - 1 8 6 5 18 0 0 ± Prepared by Community and Economic Development Department: SM, February 11, 2016 ^_ Attachment 2, Location Map - 1870 Busse Highway ± Bus s e H i g h w a y R-1M-2 Ma s o n L a n e M-1 I-1 Attachment 2 Page 7 of 29 1564 Rand Rd, looking Southwest 1870 Busse Highway 1870 Busse Highway Attachment 3 1870 Busse Highway 1870 Busse Highway A t t a c h m e n t 3 P a g e 8 o f 2 9 Attachment 4 Page 9 of 29 Case #16-003-MAP-CU-1870 Busse Highway-MAP Amendment & Conditional Use Permit Case #16-004-V-200 W. Jarvis-Variation Request Case #15-068-TA-Citywide-Zoning Ordinance Text Amendments February 23, 2016 Page 1 DES PLAINES PLANNING AND ZONING BOARD MEETING FEBRUARY 23, 2016 MINUTES The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday, February 23, 2016, at 7 p.m. in Room 102 of the Des Plaines Civic Center. ZONING BOARD PRESENT: Saletnik, Schell, Yi, Szabo ABSENT: Catalano, Hofherr, Green ALSO PRESENT: George Sakas, AICP, Director/Community & Economic Development Scott Mangum, AICP, Senior Planner/Community & Economic Development Gale Cerabona/Recording Secretary Chairman Szabo called the meeting to order at 7:02 p.m. and read this evening’s cases. Roll call was conducted. APPROVAL OF MINUTES A motion was made by Board Member Saletnik, seconded by Board Member Yi, to approve the minutes of January 26, 2016, as presented. AYES: Saletnik, Yi, Schell, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** PUBLIC COMMENT There were no comments. NEW BUSINESS 1. Training – Schedule Date for Workshop – March 8 Chairman Szabo asked if there are any conflicts. Senior Planner Mangum advised that the funding via CMAP is not available at this time (due to the state’s budget situation) and that the training would be rescheduled in the future. 2. Addresses: 1870 Busse Highway Case Number: 16-003-MAP-CU Attachment 5 Page 10 of 29 Case #16-003-MAP-CU-1870 Busse Highway-MAP Amendment & Conditional Use Permit Case #16-004-V-200 W. Jarvis-Variation Request Case #15-068-TA-Citywide-Zoning Ordinance Text Amendments February 23, 2016 Page 2 Petitioner is requesting an Amendment to the Official Des Plaines Zoning Map, as amended, to reclassify the property from the M-2, General Manufacturing Zoning District to the C-3, General Commercial Zoning District and a Conditional Use Permit under Section 12-7-3-F.3 of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of an esthetics and massage therapy school (Commercial School) in the C-3 District. PINs: 09-21-107-011-0000, 09-21-107-019-0000 On the following described property: PARCEL 1: THE EAST 64 FEET, AS MEASURED ON THE NORTH LINE THEREOF, OF THAT PART OF LOT 167 IN TOWN OF RAND IN SECTION 21, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE WEST LINE OF SAID LOT 167,456.14 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE EAST ON A LINE PARALLEL WITH THE NORTH LINE OF SAID LOT 167,240.24 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID LOT 167,289.30 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF BUSSE HIGHWAY; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF BUSSE HIGHWAY, 301.37 FEET MORE OR LESS, TO THE WEST LINE OF SAID LOT 167; THENCE NORTH ON THE WEST LINE OF SAID LOT 167,100 FEET MORE OR LESS TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE WEST 22 FEET OF LOT 24 IN COUNTY CLERK’S SUBDIVISION OF UNSUBDIVIDED LANDS IN THE NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE NORTH 456.14 FEET OF LOT 24 AND NORTH OF THE NORTHERLY LINE OF BUSSE HIGHWAY, ALSO KNOWN AS THAT PART WHICH LIES SOUTH OF THE NORTH 456.14 FEET OF LOT 24, IN COUNTY CLERK’S SUBDIVISION OF UNSUBDIVIDED LANDS IN THE NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 41 NORTH RANGE 12, EAST OF THE THIRD PRINCIPAL MERDIIAN AND NORTH OF THE NORTHERLY LINE OF BUSSE HIGHWAY OF A STRIP OF LAND 22 FEET WIDE WEST OF AND ADJOINING LOTS 20 TO 36, BOTH INCLUSIVE, AND LOT 39 IN ALBERT E. CLARK’S SUBDIVISION OF THE EAST 350 FEET OF THE WEST 372 FEET OF LOT 24 IN COUNTY CLERK’S SUBDIVISION OF UNSUBDIVIDED LANDS IN THE NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERDIAN AND PART OF LOT 169 IN TOWN OF RAND LYING NORTH OF THE AFORESAID TRACT AND SOUTH OF CENTER OF MINER STREET, CITY OF DES PLAINES, ALL IN COOK COUNTY, ILLINOIS. Petitioner: Daniel Dowd for The New Age Spa Institute, Inc., 1651 Elk Blvd., Des Plaines, IL 60016 Owner: Harris Bank of Hinsdale Trust No. L-3923, 1810 Harwood Ave., Homewood, IL 60430 Chairman Szabo swore in Daniel Dowd, 701 Lee Street, Suite 790, Des Plaines, IL attorney for The New Age Spa Institute, Inc., 1651 Elk Blvd., Des Plaines, IL 60016 who introduced himself & Monica Machej, one of the Shareholders. Mr. Dowd advised that this New Age Spa is in another location, and due to its success, needs a larger location. He noted attendees at the Spa include participants, 3 employees, and 20 students. Hours of Attachment 5 Page 11 of 29 Case #16-003-MAP-CU-1870 Busse Highway-MAP Amendment & Conditional Use Permit Case #16-004-V-200 W. Jarvis-Variation Request Case #15-068-TA-Citywide-Zoning Ordinance Text Amendments February 23, 2016 Page 3 Operation are from 9 a.m.-9 p.m. Monday-Thursday and 9 a.m.-3 p.m. Friday-Sunday. Mr. Dowd stated there is more than adequate parking (35 spaces on-site). He noted this is in the M-2 District. Ms. Machej advised this is an esthetics and teaching institute with international accreditation. Attendees at the school are between 30-45 years of age. She noted there is another location in Arlington Heights. Students must achieve 200 hours (per the State of IL). Ms. Machej concluded that medical aesthetics training is forthcoming and a trend now. Chairman Szabo asked if the Board has any questions. Board Member Schell asked what medical esthetics is. Ms. Machej advised – those who receive anti-aging services (i.e. botox, microdermabrasion, lasers, medical peels, etc.). She noted she organized a 500-person convention in Northbrook with 14 speakers, etc. There is 100% enrollment with passing grades. Chairman Szabo asked if the audience is in favor or objects to this proposal. The following came forward and were sworn in: • Bill Maher, 872 Mason Lane Mr. Maher asked if the City verified the number of parking spaces available for the site. He also noted there are 22 students at the facility and asked if they will have clients (for massage, botox therapy). Mr. Maher is concerned that the neighbors know the extent of this proposal. Senior Planner Mangum advised there are 35 parking spaces shown (vs. 16 required by code) and 20 students on-site. Ms. Machej stated when 10 students are working on their licensing, they would be performing services on each other and families. She noted it is training only. A Physician or RN would be working on the patients. Ms. Machej advised there has never been parking issues. • Kathy Cruz, 888 Mason Lane Ms. Cruz asked/stated: o if anyone from the City verified the 35 parking spaces. Senior Planner Mangum advised the site plan indicates such. o this is in a residential area; don’t know if this is a good fit for a 7-day/week operation o if there will be a change with the lighting. Ms. Machej stated – no. Mr. Dowd advised – whatever the code allows. o how long the course lasts. Ms. Machej advised – it depends (some are seeking 750 credit hours); there are evening and weekend classes. Senior Planner Mangum advised – there are maximum light levels. He noted lighting cannot spill over beyond 0.1 foot candles. Mr. Dowd reminded this is currently a manufacturing district. Chairman Szabo asked Staff to provide the Staff Report. Issue: The petitioner is requesting an Amendment to the Official Des Plaines Zoning Map, as amended, to reclassify the property from the M-2, General Manufacturing Zoning District to the C-3, General Commercial Zoning District and a Conditional Use Permit under Section 12-7-3-F.3 of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the operation of an esthetics and massage therapy school (Commercial School) in the C-3 District. Attachment 5 Page 12 of 29 Case #16-003-MAP-CU-1870 Busse Highway-MAP Amendment & Conditional Use Permit Case #16-004-V-200 W. Jarvis-Variation Request Case #15-068-TA-Citywide-Zoning Ordinance Text Amendments February 23, 2016 Page 4 Analysis: Petitioner Daniel Dowd for The New Age Spa Institute, Inc. 1651 Elk Boulevard, Des Plaines, IL 60016 Owner Harris Bank of Hinsdale Trust No. L-3923, 1810 Harwood Avenue, Homewood, IL 60430 PIN 09-21-107-011-0000, 09-21-107-019-0000 Proposed Use Commercial School (Esthetics and Massage School) Existing Use Office Building Surrounding Land Use North: Institutional (School) East: Single-Family Residential South: Light Industrial West: Commercial/Commercial Storage Existing Zoning M-2, General Manufacturing Surrounding Zoning North: I-1, Institutional East: R-1, Single-Family Residential South: M-1, Limited Manufacturing West: M-2, General Manufacturing Street Classification The adjacent section of Busse Highway is identified as a collector road in the Comprehensive Plan. Comprehensive Plan The Comprehensive Plan recommends Low-Density Mixed Use for this site. In reviewing the map amendments and variation requests, staff has considered the following information: The petitioner, the New Age Spa Institute, has applied for a Map Amendment and Conditional Use Permit to relocate a Commercial School, esthetics and massage therapy, from a one-story, 3,100 square-foot office building at 1651 Elk Boulevard to the two-story, approximately 10,000 square-foot building at 1870 Busse Highway. Conditional Use Permits were granted in 2007 (Case #07-051-CU) and 2010 (Case #10-064-CU) to authorize the operation of the esthetics school and the addition of massage instruction at the 1651 Elk Boulevard location within the C-3 Zoning District. Commercial Schools are a conditional use within the C- 3 Zoning District, but are not a permitted use in the M-2 Zoning District. According to Section 12-7-5.A of the Zoning Ordinance, the purpose of the C-3 General Commercial District is to accommodate a variety of Attachment 5 Page 13 of 29 Case #16-003-MAP-CU-1870 Busse Highway-MAP Amendment & Conditional Use Permit Case #16-004-V-200 W. Jarvis-Variation Request Case #15-068-TA-Citywide-Zoning Ordinance Text Amendments February 23, 2016 Page 5 businesses in locations to serve the community. The existing building would be in compliance with the C-3 bulk standards. The New Age Spa Institute, Inc., states in the Plan of Operation that they would offer the classes in the following area of study: 1. Licensed Esthetician; 2. Licensed Esthetics Instructor; 3. Licensed Nail Technician; 4. Licensed Nail Technology Instructor; 5. Licensed Massage Therapist; and 6. Advanced continuing education courses. The proposed hours of operation are from 9:00 a.m. to 9:00 p.m. Monday through Thursday, and 9:00 a.m. to 3:00 p.m. Friday through Sunday. The Institute would have no more than three employees and a maximum of 20 students at any one time. A clinic would be open to the public on a limited basis for the students to practice their skills in the areas of esthetics, nail technology, and massage therapy. This proposed commercial school is required to have one parking space for each employee, (there would be a maximum of three on site at any one time); one space for each three students (there would be a maximum of 20 students in school at any one time). Approximately six additional spaces would be required for the massage and skin care clinic areas. In consideration of the above, it was calculated that approximately 16 parking spaces would be necessary where the petitioner’s site plan shows 35 spaces. The irregularly shaped approximately 23,454 square foot lot (0.54 acres) is located on the north side of Busse Highway and has approximately 108 feet of street frontage with one curb cut. The applicant’s request for a waiver of the traffic study requirement has been granted by the Engineering Division due to a number of factors, including: the educational facility would generate a small amount of traffic for the context location; the use is going into an existing building; the zoning parking requirements fall well within the existing parking lot capacity; Busse Highway has significant excess capacity (3,200 ADT over four travel lanes); and Miner/Busse is proposed to be signalized within the next couple of years which will ease existing difficult NB-WB left turns at that intersection. Standards for a Zoning Map Amendment To analyze this map amendment request, the standards for amendments contained in Section 12-3-7.E of the Zoning Ordinance are used. Following is a discussion of those standards: 1. Whether the proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan. The 2007 City of Des Plaines Comprehensive Plan recommends Low-Density Mixed Use for this site. The proposed commercial zoning and use of the site is more similar to the recommended future land use category and more compatible with the adjacent residential and institutional land uses than a number of uses that could be located within the existing M-2 Zoning District. Attachment 5 Page 14 of 29 Case #16-003-MAP-CU-1870 Busse Highway-MAP Amendment & Conditional Use Permit Case #16-004-V-200 W. Jarvis-Variation Request Case #15-068-TA-Citywide-Zoning Ordinance Text Amendments February 23, 2016 Page 6 2. Whether the proposed amendment is compatible with the current conditions and the overall character of existing developments in the immediate vicinity of the subject property. The current conditions around the facility include a mix of industrial, commercial, educational, and single- family residential uses. The proposed commercial school within an existing office building is more compatible with the adjacent residential and institutional land uses than a number of uses that could be located within an M-2 Zoning District. 3. Whether the proposed amendment is appropriate considering the adequacy of public facilities and services available to the subject property. The public facilities and the public services provided by the City of Des Plaines are expected to be adequate. If the zoning amendment is approved, no expansion of public facilities or services is anticipated. 4. Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction. The proposed use of the site would change from a commercial office use to a commercial school where surrounding properties are a mix of residential, commercial, educational, and industrial. The amendment is not anticipated to have an adverse effect on the property values. 5. Whether the proposed amendment reflects responsible standards for development and growth. The proposed map amendment to reclassify the property to C-3, General Commercial does not directly reflect the proposed future land use of the area as Community Commercial, however, the location of the proposed use could act as a transition between the manufacturing and residential zoning districts and would be similar to an adjacent educational use. Conditional Use Findings: As required by Section 12-3-4.E (Standards for Conditional Uses) of the Zoning Ordinance, the proposed development is reviewed below: 1. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: A Commercial School is a Conditional Use in the proposed C-3, General Commercial Zoning District, as specified in Section 12-7-3.K of the 1998 City of Des Plaines Zoning Ordinance, as amended. 2. The proposed Conditional Use is in accordance with the objectives of the City’s Comprehensive Plan: Comment: The 2007 Comprehensive Plan recommends low-density mixed-use for the site. The proposed commercial zoning and use of the site is more similar to the recommended future land use category and more compatible with the adjacent residential and institutional land uses than a number of uses that could be located within the existing M-2 Zoning District. Attachment 5 Page 15 of 29 Case #16-003-MAP-CU-1870 Busse Highway-MAP Amendment & Conditional Use Permit Case #16-004-V-200 W. Jarvis-Variation Request Case #15-068-TA-Citywide-Zoning Ordinance Text Amendments February 23, 2016 Page 7 3. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Comment: The proposed Commercial School is located on Busse Highway, a collector road that currently has an auto-oriented character. The proposed commercial school within an existing office building is more compatible with the adjacent residential and institutional land uses than a number of uses that could be located within an M-2 Zoning District. 4. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the Commercial School are anticipated to be hazardous or disturbing to the surrounding neighborhood. 5. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: After reviewing the petitioner’s plans, the proposed Conditional Use would be served adequately by essential public facilities and it would not overburden existing public services. 6. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Comment: The proposed Conditional Use would appear to have adequate public facilities; it would not create a burden on public facilities nor would it be a detriment to the economic well-being of the community. 7. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: Following review of the petitioner’s operations with the City’s Engineering Division, the proposed Commercial School is not anticipated to create additional traffic, noise, or odors that could be detrimental to surrounding land uses. 8. The proposed Conditional Use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: The proposed project would utilize the existing curb cut on Busse Highway for access. Based on an evaluation of the existing conditions and plans provided, staff does not find any evidence for potential interference with traffic patterns. 9. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Attachment 5 Page 16 of 29 Case #16-003-MAP-CU-1870 Busse Highway-MAP Amendment & Conditional Use Permit Case #16-004-V-200 W. Jarvis-Variation Request Case #15-068-TA-Citywide-Zoning Ordinance Text Amendments February 23, 2016 Page 8 Comment: No significant remodeling or demolition of the existing building is proposed. The proposed plan would not cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. 10. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: It appears that the proposed conditional use complies with all additional regulations within the Zoning Ordinance. Recommendation: The Community Development Department recommends approval of the Map Amendment from M-2 to C-3 and Conditional Use Permit for the establishment of a Commercial School, based on review of the information presented by the applicant and the findings made above, as specified in Sections Section 12-3-7.E (Standards for Amendments) and 12-3-4.E (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to the following condition of approval: 1. Hours of operation shall be limited to 9:00 a.m. to 9:00 p.m. Planning and Zoning Board Procedure: Under Sections 12-3-7.D (Amendments) and 12-3-4.D (Conditional Uses) of the Zoning Ordinance the Planning and Zoning Board has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above-mentioned Map Amendment and Conditional Use Permit requests for the establishment of a Commercial School. The City Council has the final authority on the project. Chairman Szabo asked if the Board has any questions. Board Member Saletnik reminded the audience that the traffic study was waived due to this being a non- heavy traffic area. He also noted lighting is regulated by code. Chairman Szabo advised the property was operating on Elk Boulevard with no parking concerns. A motion was made by Board Member Saletnik, seconded by Board Member Schell, to recommend approval to City Council of the MAP changes from the M-2 District to the C-3 District and the Conditional Use Permit including a condition regarding hours of service. AYES: Saletnik, Schell, Yi, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Chairman Szabo advised Petitioner a recommendation will be submitted to City Council. 3. Addresses: 200 W. Jarvis Avenue Case Number: 16-004-V Attachment 5 Page 17 of 29 1 CITY OF DES PLAINES ORDINANCE Z - 5 - 16 AN ORDINANCE APPROVING A ZONING MAP AMENDMENT AND CONDITIONAL USE PERMIT FOR A COMMERCIAL SCHOOL AT 1870 BUSSE HIGHWAY, DES PLAINES, ILLINOIS (CASE #16-003-MAP-CU) WHEREAS, The New Age Spa Institute, Inc (“Petitioner”), is the contract purchaser of the property commonly known as 1870 Busse Highway, Des Plaines, Illinois ("Subject Property"); and WHEREAS, the Subject Property is located in the M-2 General Manufacturing Zoning District of the City ("M-2 District"); and WHEREAS, the Petitioner desires to operate a Commercial School on the Subject Property; and WHEREAS, pursuant to Section 12-7-4.E of the Des Plaines Zoning Ordinance of 1998, as amended ("Zoning Ordinance"), Commercial Schools are not permitted within the M-2 District; and WHEREAS, the Petitioner desires to amend the “Zoning Map of the City of Des Plaines” (“Zoning Map”) to rezone the Subject Property from the M-2 District to the C-3 District (“Proposed Map Amendment”); and WHEREAS, pursuant to Section 12-7-3.F.3 of the Zoning Ordinance, the operation of a Commercial School is permitted in the C-3 General Commercial District (“C-3 District”) only with a conditional use permit; and WHEREAS, pursuant to Sections 12-3-7 and 12-3-4 of the Zoning Ordinance, the Petitioner filed, with the consent of the owner of the Subject Property, an application to the City of Des Plaines Department of Community and Economic Development (“Department”) for the approval of: (i) the Proposed Map Amendment; and (ii) for a conditional use permit to allow the operation of a Commercial School on the Subject Property (“Conditional Use Permit”); and WHEREAS, Harris Bank of Hinsdale owns the Subject Property as trustee under Trust No. L-3923 and has consented to the Petitioner’s application; and WHEREAS, the Petitioner's application was referred by the Department to the Planning and Zoning Board of the City of Des Plaines ("PZB") within 15 days after the receipt thereof; and WHEREAS, within 90 days after the date of the Petitioner's application a public hearing was held by the PZB on February 23, 2016 pursuant to notice published in the Journal on February 5, 2016; and Page 18 of 29 2 WHEREAS, notice of the public hearing was mailed to all owners of property located within 300 feet of the Subject Property; and WHEREAS, during the public hearing, the PZB heard competent testimony and received evidence with respect to how the Petitioner intended to satisfy and comply with the applicable provisions of the Zoning Ordinance. The PZB filed a written report with the City Council on February 23, 2016, summarizing the testimony and evidence received by the PZB and stating the PZB's recommendation, by a vote of 4-0, to approve the Proposed Map Amendment and Conditional Use Permit; and WHEREAS, the Petitioner made certain representations to the PZB with respect to the proposed Conditional Use Permit and the Proposed Map Amendment which representations are hereby found by the City Council to be material and upon which the City Council relies in granting this request for the Conditional Use Permit and Proposed Map Amendment, subject to certain terms and conditions; and WHEREAS, the City Council has considered the written report of the PZB, together with the applicable standards for conditional use permits and map amendments set forth in the Zoning Ordinance, and the Community and Economic Development Staff Memorandum dated February 24, 2016, including the attachments and exhibits thereto, and has determined that it is in the best interest of the City and the public to grant the Petitioner's application in accordance with the provisions of this Ordinance; 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 recitals set forth above are incorporated herein by reference and made a part hereof, the same constituting the factual basis for this Ordinance. SECTION 2. LEGAL DESCRIPTION OF SUBJECT PROPERTY. The Subject Property is depicted on that certain "Plat of Survey" prepared by MM Surveying Co., Inc., consisting of one sheet, and with a latest revision date of dated January 29, 2016, attached to and, by this reference, made a part of this Ordinance as Exhibit A, and is legally described as follows: PARCEL 1: THE EAST 64 FEET, AS MEASURED ON THE NORTH LINE THEREOF, OF THAT PART OF LOT 167 IN TOWN OF RAND IN SECTION 21, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE WEST LINE OF SAID LOT 167,456.14 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE EAST ON A LINE PARALLEL Page 19 of 29 3 WITH THE NORTH LINE OF SAID LOT 167,240.24 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID LOT 167,289.30 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF BUSSE HIGHWAY; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF BUSSE HIGHWAY, 301.37 FEET MORE OR LESS, TO THE WEST LINE OF SAID LOT 167; THENCE NORTH ON THE WEST LINE OF SAID LOT 167,100 FEET MORE OR LESS TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE WEST 22 FEET OF LOT 24 IN COUNTY CLERK’S SUBDIVISION OF UNSUBDIVIDED LANDS IN THE NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE NORTH 456.14 FEET OF LOT 24 AND NORTH OF THE NORTHERLY LINE OF BUSSE HIGHWAY, ALSO KNOWN AS THAT PART WHICH LIES SOUTH OF THE NORTH 456.14 FEET OF LOT 24, IN COUNTY CLERK’S SUBDIVISION OF UNSUBDIVIDED LANDS IN THE NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 41 NORTH RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN AND NORTH OF THE NORTHERLY LINE OF BUSSE HIGHWAY OF A STRIP OF LAND 22 FEET WIDE WEST OF AND ADJOINING LOTS 20 TO 36, BOTH INCLUSIVE, AND LOT 39 IN ALBERT E. CLARK’S SUBDIVISION OF THE EAST 350 FEET OF THE WEST 372 FEET OF LOT 24 IN COUNTY CLERK’S SUBDIVISION OF UNSUBDIVIDED LANDS IN THE NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF LOT 169 IN TOWN OF RAND LYING NORTH OF THE AFORESAID TRACT AND SOUTH OF CENTER OF MINER STREET, CITY OF DES PLAINES, ALL IN COOK COUNTY, ILLINOIS. PIN: 09-21-107-011-0000, 09-21-107-019-0000 Commonly known as 1870 Busse Highway, Des Plaines, Illinois. SECTION 3. APPROVAL OF PROPOSED MAP AMENDMENT. Subject to and contingent upon the conditions restrictions, limitations, and provisions set forth in Section 5 of this Ordinance, and pursuant to Section 12-3-7 of the Zoning Ordinance, the City Council has considered the factors relevant to the approval of map amendments and has determined that the procedure for the review of map amendments has been followed. The City Council hereby Page 20 of 29 4 approves the Proposed Map Amendment, and the Zoning Map is hereby amended to rezone the Subject Property from the M-2 District to the C-3 District. SECTION 4. CONDITIONAL USE PERMIT. Subject to and contingent upon the conditions, restrictions, limitations and provisions set forth in Section 5 of this Ordinance, the City Council hereby grants the Petitioner the Conditional Use Permit to allow the operation of a Commercial School on the Subject Property. The Conditional Use Permit granted by this Ordinance is consistent with and equivalent to a "special use" as referenced in Section 11-13-25 of the Illinois Municipal Code, 65 ILCS 5/11-13-25. SECTION 5. CONDITIONS. The Proposed Map Amendment granted in Section of this Ordinance and the Conditional Use Permit granted in Section 4 of this Ordinance are expressly subject to and contingent upon the following conditions, restrictions, limitations, and provisions: A. Compliance with Plans. The development, use, and maintenance of the Subject Property shall be in strict compliance with the following plans, except for minor changes and site work approved by the Director of the Department in accordance with all applicable City codes, ordinances, and standards, including, without limitation, Sections 3.4-8, "Limitations on Conditional Uses," and 3.4-9, "Effect of Approval," of the Zoning Ordinance. 1. The site plan prepared by T.A.P. Architects, Ltd., consisting of one sheet, and dated January 8, 2016, a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit B; and 2. The first and second floor plan prepared by T.A.P. Architects, Ltd., consisting of one sheet, and dated January 8, 2016, attached to and, by this reference, made a part of this Ordinance as Exhibit C; B. Additional Conditions. The development, use, and maintenance of the Subject Property shall be subject to and contingent upon compliance with the additional condition that the hours of operation of the Commercial School on the Subject Property shall not begin before 9:00 a.m. or end after 9:00 p.m. on any day. Page 21 of 29 5 SECTION 6. NONCOMPLIANCE. A. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of, any of the provisions of this Ordinance shall be fined not less than seventy five dollars ($75.00) or more than seven hundred and fifty dollars ($750.00) for each offense. Each and every day that a violation of this Ordinance is allowed to remain in effect shall constitute a complete and separate offense. In addition, the appropriate authorities of the City may take such other action as they deem proper to enforce the terms and conditions of this Ordinance, including, without limitation, an action in equity to compel compliance with its terms. Any person, firm or corporation violating the terms of this Ordinance shall be subject, in addition to the foregoing penalties, to the payment of court costs and reasonable attorneys’ fees. B. In the event that the Petitioner fails to develop or maintain the Subject Property in accordance with the plans submitted, the requirements of the Zoning Ordinance, or the conditions set forth in Section 5 of this Ordinance, the Conditional Use Permit granted in Section 4 of this Ordinance may be revoked after notice and hearing before the Zoning Administrator of the City, all in accordance with the procedures set forth in Section 12-4-7 of the Zoning Ordinance. In the event of revocation, the development and use of the Subject Property will be governed solely by the regulations of the C-3 District. Further, in the event of such revocation of the Conditional Use Permit, the City Manager and City's General Counsel are hereby authorized and directed to bring such zoning enforcement action as may be appropriate under the circumstances. The Petitioner acknowledges that public notices and hearings have been held with respect to the adoption of this Ordinance, has considered the possibility of the revocation provided for in this Section, and agrees not to challenge any such revocation on the grounds of any procedural infirmity or any denial of Page 22 of 29 6 any procedural right, provided that the notice and hearing required by Section 12-4-7 of the Zoning Ordinance is provided to the Petitioner. SECTION 7. EFFECTIVE DATE. A. This Ordinance shall be in full force and effect only after the occurrence of the following events: 1. its passage and approval by the City Council in the manner provided by law; 2. its publication in pamphlet form in the manner provided by law; 3. the filing with the City Clerk by the Petitioner of an unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance, and demonstrating the Petitioner's consent to its recordation. Said unconditional agreement and consent shall be in substantially the form attached to, and by this reference made a part of, this Ordinance as Exhibit D; and 4. at the Petitioner's sole cost and expense, the recordation of this Ordinance together with such exhibits as the City Clerk deems appropriate, with the Office of the Cook County Recorder. B. In the event that the Petitioner does not file with the City Clerk a fully executed copy of the unconditional agreement and consent referenced in Section 7.A.3 of this Ordinance, within 60 days after the date of passage of this Ordinance by the City Council, the City Council shall have the right, in its sole discretion, to declare this Ordinance null and void and of no force or effect. SECTION 8. 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. [SIGNATURE PAGE FOLLOWS] Page 23 of 29 7 PASSED this _____day of ____________, 2016. APPROVED this _____ day of ____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT ______ MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2016. CITY CLERK Peter M. Friedman, General Counsel I, __________________________, being the owner or other party in interest of the property legally described within this Ordinance, having read a copy of the Ordinance, do hereby accept, concur and agree to develop and use the Subject Property in accordance with the terms of this Ordinance. Dated: (Signature) DP-Ordinance Approving a Map Amendment and Conditional Use Permit (CUP) for a Commercial School at 1870 Busse Highway #39627309_v2 Page 24 of 29 Exhibit A P a g e 2 5 o f 2 9 Exhibit B P a g e 2 6 o f 2 9 Exhibit C P a g e 2 7 o f 2 9 11 EXHIBIT D UNCONDITIONAL AGREEMENT AND CONSENT TO: The City of Des Plaines, Illinois ("City"): WHEREAS, The New Age Spa Institute, Inc. (“Petitioner”), applied to the City of Des Plaines for: (i) a map amendment to rezone that certain property known as 1870 Busse Highway, Des Plaines, Illinois (“Subject Property”) from the M-2 General Manufacturing District to the C- 3 General Commercial District (“Map Amendment”); and (ii) a conditional use permit to allow the operation of a Commercial School on the Subject Property ("Conditional Use Permit"); and WHEREAS, Ordinance No. Z-__-16 adopted by the City Council of the City of Des Plaines on , 2016 ("Ordinance"), grants approval of the Map Amendment and the Conditional Use Permit, subject to certain conditions; and WHEREAS, Harris Bank of Hinsdale owns the Subject Property as trustee under Trust No. L-3923 and has consented to the Petitioner’s application; and WHEREAS, Petitioner and Owner desire to evidence to the City their unconditional agreement and consent to accept and abide by each of the terms, conditions, and limitations set forth in the Ordinance, and their consent to recording the Ordinance and this Unconditional Agreement and Consent against the Subject Property; NOW, THEREFORE, Petitioner and Owner do hereby agree and covenant as follows: 1. Petitioner and Owner hereby unconditionally agree to accept, consent to and abide by all of the terms, conditions, restrictions, and provisions of that certain Ordinance No. Z-___-16, adopted by the City Council on _______________, 2016. 2. Petitioner and Owner acknowledge and agree that the City is not and shall not be, in any way, liable for any damages or injuries that may be sustained as a result of the City's review and approval of any plans for the Subject Property, or the issuance of any permits for the use and development of the Subject Property, and that the City's review and approval of any such plans and issuance of any such permits does not, and shall not, in any way, be deemed to insure Petitioner and Owner against damage or injury of any kind and at any time. 3. Petitioner and Owner acknowledge that the public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, have considered the possibility of the revocation provided for in the Ordinance, and agree not to challenge any such revocation on the grounds of any procedural infirmity or any denial of any procedural right, provided that the procedures required by Section 12-4-7 of the City's Zoning Ordinance are followed. Exhibit D Page 28 of 29 12 4. Petitioner and Owner agree to and do hereby hold harmless and indemnify the City, the City's corporate authorities, and all City elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with (a) the City's review and approval of any plans and issuance of any permits, (b) the procedures followed in connection with the adoption of the Ordinance, (c) the development, construction, maintenance, and use of the Subject Property, and (d) the performance by Petitioner and Owner of their obligations under this Unconditional Agreement and Consent. 5. Petitioner and Owner hereby agree to pay all expenses incurred by the City in defending itself with regard to any and all of the claims mentioned in this Unconditional Agreement and Consent. These expenses shall include all out-of- pocket expenses, such as attorneys' and experts' fees, and shall also include the reasonable value of any services rendered by any employees of the City. ATTEST: THE NEW AGE SPA INSTITUTE, INC. By: SUBSCRIBED and SWORN to before me this _______ day of ___________________, 2016. ____________________________________ Notary Public ATTEST: HARRIS BANK OF HINSDALE as trustee under Trust No. L-3923 By: SUBSCRIBED and SWORN to before me this _______ day of ___________________, 2016. ____________________________________ Notary Public Exhibit D Page 29 of 29 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: March 10, 2016 To: Michael G. Bartholomew, MCP, LEED AP, City Manager George Sakas, AICP, Director of Community and Economic Development From: Lauren Pruss, AICP, Economic Development Coordinator Subject: Amendments to the Des Plaines City Zoning Code’s Commercial and Manufacturing Districts Use Matrixes and Definitions (Case #15-068-TA) and the Liquor Control Chapter of the City Code’s Business Regulations (Title 4) to allow Breweries, Brewpubs, and Distilleries. Citywide. Issue: The City has received preliminary inquiries for opening microbrewery-type restaurants common in neighboring communities. Although our zoning ordinance permits brewing operations in our manufacturing zones, it does not permit small scale brewing within restaurants. It also does not clearly allow the currently popular situation where a brewery has a restaurant and retail outlet on site within a manufacturing zone. Eventually a viable establishment will seek to open in Des Plaines and we will need to change our zoning code adding weeks of delay to their opening. It is clear we must proactively amend our code to permit these popular and desirable uses. Analysis: Staff has worked with the City’s legal counsel to develop proposed definitions and locational restrictions for brewpubs, breweries, and distilleries. The definitions have been written to align with the Illinois Liquor Control Act which provides for the quantity of alcohol that can be produced on site. Brewpubs are more limited in their production capacity than breweries and distilleries. The definitions further clarify that all three uses may also include the accessory uses of tavern, class A restaurant, and retail goods to provide flexibility supporting the popular trend. The proposed ordinance accomplishes the following: •Brewpubs permitted in all of commercial zones except the C-1. C-1 zones are small neighborhood convenience uses. Brewpubs are treated as class A restaurants and similar to taverns recognizing that brewpubs are comparable in operation and traffic characteristics. •Breweries and Distilleries would be permitted in the M-2 and M-3 zones, but conditional in the M-1 Limited Manufacturing Zone. M-1 districts adjoin residential neighborhoods where these larger-scale activities might have a negative impact. •Our liquor control code accommodates licenses for these uses, but the proposed definition amendments make issuance clear and coordinated with the zoning code. All three uses, brewpubs, breweries and distilleries will be expressly restricted from obtaining a 4:00 a.m. liquor license. MEMORANDUM Page 1 of 17 Recommendation: At its February 23, 2016 meeting the Planning and Zoning Board unanimously recommended (7-0) that the City Council approve the above-mentioned Text Amendment to the Zoning Ordinance (Title 12). The Community and Economic Development Committee at the March 21, 2016 Committee of the Whole Meeting is the first public consideration of Title 4 amendments regarding the liquor control regulations. CED and legal staff propose these amendments based on research of surrounding jurisdictions and considering the City’s existing land use and liquor control policies. I recommend adoption of both the Zoning Code and Liquor Code amendment ordinances. Attachments: Attachment 1: Letter from the Planning and Zoning Board to the Mayor Attachment 2: February 23, 2016 Draft Planning and Zoning Board Meeting Minutes including the staff report. Exhibits: Exhibit A: An Ordinance Amending the Des Plaines City Code and the Zoning Ordinance of 1988 Regarding Breweries, Brewpubs, and Distilleries Exhibit B: An Ordinance Amending the City Code Relating to the Sale of Liquor by Brewpubs, Breweries, and Distilleries Page 2 of 17 Community & Economic Development 1420 Miner Street, Des Plaines, IL 60016 P: 847.391.5380 | W: desplaines.org February 23, 2016 Mayor Bogusz and Des Plaines City Council CITY OF DES PLAINES Subject: Zoning Board of Appeals, Citywide Text Amendment, Case # 15-068-TA RE: Amendments to the Commercial and Manufacturing Districts Use Matrixes, Off Street Parking and Loading Facilities, and Definitions of Title 12 of the Des Plaines City Code to address Breweries, Brewpubs, and Distilleries. Honorable Mayor and Members of the Des Plaines City Council: The Zoning Board of Appeals met on February 23, 2016 to consider the above petition. The Planning and Zoning Board submits the following: 1. The Community and Economic Development Department presented the pertinent facts and recommended approval of the requested Variations. 2.No members of the public spoke regarding the proposal. 3.The Planning and Zoning Board recommended (4-0) that the City Council approve the proposed zoning text amendments regarding breweries, brewpubs and distilleries. Respectfully submitted, James Szabo, Des Plaines Planning and Zoning Board, Chairman cc: City Officials Aldermen File Page 3 of 17Attachment 1 Page 3 of 17 Case #16-003-MAP-CU-1870 Busse Highway-MAP Amendment & Conditional Use Permit Case #16-004-V-200 W. Jarvis-Variation Request Case #15-068-TA-Citywide-Zoning Ordinance Text Amendments February 23, 2016 Page 11 A motion was made by Board Member Saletnik, seconded by Board Member Schell, to approve the setback variation as requested. AYES: Saletnik, Schell, Yi, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** 4.Addresses: Citywide Case Number: 15-068-TA City initiated Text Amendments are proposed to the Commercial and Manufacturing Districts Use Matrixes (Tables 12-7-3.K and 12-7-4.K), Off Street Parking and Loading Facilities (Section 12-9-7), and Definitions (Section 12-13-3), of Title 12 of the Des Plaines City Code (the City of Des Plaines 1998 Zoning Ordinance, as amended,) to address Breweries, Brewpubs, and Distilleries. Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016 Senior Planner Mangum explained the existing Districts and noted current trends regarding local brewing, etc. He noted parking, definitions of Brewpubs, and Distilleries would be included. Senior Planner Mangum stated Breweries and Distilleries would be allowed in the M-2 and M-3 Districts with a Conditional Use requirement in the M-1 District. He discussed public tours, number of gallons, etc. Brewpubs would be permitted in most Commercial Districts similar to Taverns and Class A Restaurants. Senior Planner Mangum advised no one has requested to build as of yet, however, it is a good time to contemplate amendments now. The Staff Report is as follows: Issue: This is a City-initiated petition for Text Amendments to the City of Des Plaines 1998 Zoning Ordinance, as amended, involving various Articles to specifically allow Brewpubs, Breweries, and Distilleries within the Zoning Ordinance. Analysis: General Information Petitioner City of Des Plaines, Community and Economic Development Department1420 Miner Street, Des Plaines, IL 60016 Address Citywide Case Number 15-068-TA Page 4 of 17Attachment 2 Page 4 of 17 Case #16-003-MAP-CU-1870 Busse Highway-MAP Amendment & Conditional Use Permit Case #16-004-V-200 W. Jarvis-Variation Request Case #15-068-TA-Citywide-Zoning Ordinance Text Amendments February 23, 2016 Page 12 Background Information The applicant, the City of Des Plaines, and the property owner, Rosemont Park District, request approval to reclassify the zoning of the property at the Northeast Corner of Higgins Road and Orchard Place to the C-3, General Commercial District, and resubdivide the property into three parcels of land. The purpose of the request is to facilitate the transfer of the majority of the property from the Rosemont Park District to the City of Des Plaines. In addition, the request will allow proposed Lot 3, which accommodates the existing Billboard on the site, to be retained by the Rosemont Park District, and permit the Billboard to remain on the site. The creation of Lot 3 will also require the approval of a variance of the requirement that a lot front upon a dedicated, public street. The southern portion of the property is currently within the R-1, Single-Family Residential Zoning District while the northern portion of the site is zoned C-2, Limited Office Commercial. The approximately 3.55 acre property, comprised of eight PINs, is located East of Orchard Place, South of I-90, North of Higgins Road and West of the Canadian National Railroad Tracks with 354.49 feet of frontage on Higgins Road and 708.44 feet of frontage on Orchard Place. Higgins-Willow Creek bisects the property and a portion of the property on either side of the creek is located within the Floodway. The property was acquired by the Park District in 1999 and 2002. The majority of the property was rezoned from the C-2, Limited Office Commercial District to the R-1 Zoning District in 2005 (Ordinance Z-11-05, Zoning Case# 05-024-A). A Billboard that is located at the northern portion of Parcel A is scheduled to be removed due to I-90, Jane Addams roadway construction by the Illinois Tollway Authority. A recently approved Text Amendment to the Zoning Ordinance (Ordinance Z-15-15, Zoning Case #15-006-TA) allows such impacted nonconforming Billboard signs to be relocated within 500-feet of the original sign location within one-year, subject to location requirements in Table 11.6.B of the Zoning Ordinance, including that Billboards must be located a minimum of 300-feet from a residential property line. According to Section 7.5-1 of the Zoning Ordinance, the purpose of the C-3 District is to accommodate a variety of businesses in locations to serve the community of Des Plaines. To properly evaluate the text amendment requests, the standards below, which are contained in Section 3.7-5 of the Zoning Ordinance, must be employed. Following is a discussion of those standards: A. Whether the proposed amendments are consistent with the goals, objectives and policies contained in the Comprehensive Plan: Comment: The City of Des Plaines Comprehensive Plan, adopted by the City Council in 2007, does not address these changes in detail. B. Whether the proposed amendments are compatible with the current conditions and the overall character of existing developments in the immediate area: Page 5 of 17Attachment 2 Page 5 of 17 Case #16-003-MAP-CU-1870 Busse Highway-MAP Amendment & Conditional Use Permit Case #16-004-V-200 W. Jarvis-Variation Request Case #15-068-TA-Citywide-Zoning Ordinance Text Amendments February 23, 2016 Page 13 Comment: The proposed amendments to the Zoning Ordinance restate and clarify existing regulations within the Zoning Ordinance. Staff does not believe there are significant changes in the substance of policies or regulations proposed. C. Whether the amendments are appropriate considering the adequacy of public facilities and services available to the property: Comment: The proposed amendments are not anticipated to have a significant effect on public facilities or services. D. Whether the proposed amendments will have an adverse effect on the value of properties throughout the jurisdiction: Co mme nt: The majority of the proposed amendments are not substantive in nature and should not have an adverse effect on the value of properties. E. Whether the proposed amendments reflects responsible standards for development and growth: Comment: This zoning text amendments do not appear to directly conflict with the City’s Comprehensive Plan, the official policy guide to future land use, development, and conservation amendments would not appear to be in conflict with responsible standards for development and growth. The proposed amendments are part of Recommendation: Based on the above analysis, the Community and Economic Development Department recommends approval of proposed text amendments. Plan Commission Procedure: Under Section 3.7-4 of the Zoning Ordinance (Amendments) the Plan Commission may vote to recommend approval, approval with modifications, or disapproval. The City Council has the final authority on Amendments to the Zoning Ordinance. Board Member Schell stated Tasting Rooms would be included. Chairman Szabo asked if there are establishments that make hard liquor. Board Member Schell stated there is one in Evanston. Senior Planner Mangum advised this amendment would allow Distilleries with an accessory tavern or restaurant (retail goods, etc.). Board Member Saletnik shared he wonders what precipitated this. He advised he supports this wholeheartedly as it would promote a vibrant downtown, etc. Director Sakas stated there were some initial requests (though the Code wasn’t amended yet); the conversation is being started now. Board Member Saletnik reminded it is sad that the downtown area never got off the ground. He suggested this is a good way to open the door/lay the groundwork. He suggested perhaps a small Distillery could be available in an Entertainment District. Page 6 of 17Attachment 2 Page 6 of 17 Case #16-003-MAP-CU-1870 Busse Highway-MAP Amendment & Conditional Use Permit Case #16-004-V-200 W. Jarvis-Variation Request Case #15-068-TA-Citywide-Zoning Ordinance Text Amendments February 23, 2016 Page 14 Director Sakas informed there are Tasting Rooms for flavoring vodka, etc. Chairman Szabo asked if that would be a Special or Conditional Use Permit. Director Sakas advised that hasn’t arisen as of yet. A motion was made by Board Member Schell, seconded by Board Member Saletnik, to recommend approval of the Text Amendment to City Council to include Breweries, Brewpubs, and Distilleries as presented. AYES: Schell, Saletnik, Yi, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** OLD BUSINESS There was no Old Business. ADJOURNMENT A motion was made by Board Member Saletnik, seconded by Board Member Schell, to adjourn the meeting at 8 p.m. On a voice vote, the motion carried unanimously. Sincerely, Gale Cerabona Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners Page 7 of 17Attachment 2 Page 7 of 17 1 CITY OF DES PLAINES ORDINANCE Z - 6 - 16 AN ORDINANCE AMENDING THE TEXT OF THE CITY ZONING ORDINANCE REGARDING BREWPUBS, BREWERIES, AND DISTILLERIES. WHEREAS, the City is a home rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, the "Des Plaines Zoning Ordinance of 1998," as amended ("Zoning Ordinance"), is codified as Title 12 of the City Code of the City of Des Plaines, as amended; and WHEREAS, Sections 12-7-3 and 12-7-4 of the Zoning Ordinance set forth the land uses that are permitted within the City’s commercial and manufacturing zoning districts, respectively (“Land Use Regulations”); and WHEREAS, Section 12-9-7 of the Zoning Ordinance establishes the number of off-street parking spaces that must be provided by various types of land uses located within the City (“Off Street Parking Regulations”); and WHEREAS, Section 12-13-3 of the Zoning Ordinance defines certain terms used throughout the Zoning Ordinance (“Definitions”); and WHEREAS, the City desires to amend the Land Use Regulations, the Off Street Parking Regulations, and the Definitions to permit: (i) the operation of taverns and restaurants with accessory breweries within the commercial zoning districts of the City; and (ii) the operation of breweries and distilleries with accessory taverns, restaurants, and retail stores within the manufacturing districts of the City (collectively, "Text Amendments"); and WHEREAS, a public hearing by the Planning and Zoning Board (“PZB”) to consider the Text Amendments was duly advertised in the Journal on ______________, and held on February 23, 2016; and WHEREAS, the PZB voted to recommend approval of the Text Amendments by a vote of seven to zero, which recommendation the PZB forwarded in writing to the City Council on February 23, 2016; and WHEREAS, the City Council has considered the factors set forth in Section 12-3-7.E, titled "Standards for Amendments," of the Zoning Ordinance; and WHEREAS, the City Council has determined that it is in the best interest of the City to adopt the Text Amendments as set forth in this Ordinance; Page 8 of 17Exhibit A Page 8 of 17 2 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 recitals set forth above are incorporated herein by reference and made a part hereof. SECTION 2. FINDING OF COMPLIANCE. The City Council finds that consideration of the Text Amendment has complied with the provisions of Section 12-3-7 of the Zoning Ordinance. SECTION 3. COMMERCIAL DISTRICT REGULATIONS. The City Council amends Section 12-7-3, titled “Commercial District Regulations,” of Chapter 7, titled "Districts," of the Zoning Ordinance to read as follows: “12-7-3: COMMERCIAL DISTRICTS REGULATIONS: * * * K. Commercial Use Matrix: TABLE 3 COMMERCIAL DISTRICTS USE MATRIX P = Permitted use C = Conditional use permit required Uses C- 1 C-2 C- 3 C- 4 C- 5 C- 6 C-7 * * * Brewpub P6 P P P P P6 Brewery * * * Distillery * * * Restaurant Class A CP6 P P P P P Class B P P P P6 * * * Notes: 1. Reserved. 2. When an accessory use only. Page 9 of 17Exhibit A Page 9 of 17 3 3. When above the first floor only. 4. On sites of 20,000 square feet or more. 5. On sites of 25,000 square feet or more. For proposed sites of less than 25,000 square feet but more than 22,000 square feet, the city council may consider additional factors, including, but not limited to, traffic, economic and other conditions of the area, or proposed business and site plan issues in considering whether to grant a conditional use for a used car business of less than 25,000 square feet but more than 22,000 square feet. 6. When incorporated within, or accessory to, an office/hotel use. 7. Where the dry cleaning establishment has a floor area greater than 1,500 square feet. 8. Where the dwelling unit is located on the same lot of record as, and subordinate to, the childcare center and the childcare center proprietor resides in the dwelling unit. 9. When located south of Touhy Avenue. 10. Except on Miner Street, Ellinwood Street or Lee Street. 11. Outdoor kennels are not allowed. 12. Outdoor runs are allowed. 13. When an accessory use to a financial institution.” SECTION 4. MANUFACTURING DISTRICT REGULATIONS. The City Council amends Section 12-7-4, titled “Manufacturing District Regulations,” of Chapter 7, titled "Districts," of the Zoning Ordinance to read as follows: “12-7-4: MANUFACTURING DISTRICTS REGULATIONS K. Commercial Use Matrix: TABLE 5 MANUFACTURING DISTRICTS USE MATRIX P = Permitted use C = Conditional use permit required Uses M-1 M-2 M-3 * * * Brewpub Brewery C P P * * * Distillery C P P * * * Notes: 1. All domestic pet services shall be at least 300 feet from any residential dwelling. Page 10 of 17Exhibit A Page 10 of 17 4 2. Outdoor kennels are not allowed. 3. Outdoor runs are allowed.” SECTION 5. OFF STREET PARKING REQUIREMENTS. The City Council amends Section 12-9-7, titled “Off Street Parking Requirements,” of Chapter 9, titled “Off Street Parking and Loading Facilities,” of the Zoning Ordinance to read as follows: “12-9-7: OFF STREET PARKING REQUIREMENTS: The parking and loading requirements applicable in each district are set forth below: * * * Commercial Uses * * * Brewpubs When Class A Restaurant Is Principal Use 1 space for every 100 square feet of net floor area devoted to class A restaurant use, or 1 space for every 4 seats located within the floor area devoted to class A restaurant use, whichever is greater; plus 1 space for every 3 employees; plus 1 space for every 1,000 square feet of gross floor area designated for brewery use. When Tavern Is Principal Use 1 space for every 150 square feet of net floor area devoted to tavern use; plus 1 space for every 3 employees; plus 1 space for every 1,000 square feet of gross floor area designated for brewery use. * * * Page 11 of 17Exhibit A Page 11 of 17 5 Industrial Uses Breweries 1 space for every 1,000 square feet of gross floor area. Breweries with Accessory Tavern 1 space for every 1,000 square feet of gross floor area, plus 1 space for every 150 square feet of net floor area designated for accessory use. Breweries with Accessory Class A Restaurant 1 space for every 1,000 square feet of gross floor area, plus 1 space for every 100 square feet of net floor area designated for accessory use, or 1 space for every 4 seats, whichever is greater, plus 1 space for every 3 employees. Distilleries 1 space for every 1,000 square feet of gross floor area. Distilleries with Accessory Tavern 1 space for every 1,000 square feet of gross floor area, plus 1 space for every 150 square feet of net floor area designated for accessory use. Distilleries with Accessory Class A Restaurant 1 space for every 1,000 square feet of gross floor area, plus 1 space for every 100 square feet of net floor area designated for accessory use, or 1 space for every 4 seats, whichever is greater, plus 1 space for every 3 employees. * * * ” Page 12 of 17Exhibit A Page 12 of 17 6 SECTION 6. DEFINITION OF TERMS. The City Council hereby amends Section 12-13-3, titled “Definition of Terms,” of Chapter 13, titled “Definitions,” of the Zoning Ordinance to read as follows: “12-13-3: DEFINITION OF TERMS: For the purposes of this title, the following terms shall have the following meanings: * * * BREWERY: Any class of brewer or craft brewer licensed to manufacture beer under the Illinois Liquor Control Act of 1934, 235 ILCS 5/1 et seq. When a brewery is the principal use, it may include one or more of the following uses as accessory uses: (1) a tavern; (2) a class A restaurant; and (3) an establishment that sells at retail goods, products, and merchandise related to marketing or promoting the brewery or its accessory uses. BREWPUB: A class A restaurant or tavern that includes a brewery as an accessory use and that satisfies the definition of “brew pub” set forth in the Illinois Liquor Control Act of 1934, 235 ILCS 5/1 et seq. A brewpub may also include, as an accessory use, an establishment that sells at retail goods, products, and merchandise related to marketing or promoting the brewpub. * * * DISTILLERY: Any class of distiller or craft distiller licensed to manufacture spirits by distillation under the Illinois Liquor Control Act of 1934, 235 ILCS 5/1 et seq. When a distillery is the principal use, it may include one or more of the following accessory uses: (1) a tavern; (2) a class A restaurant; and (3) an establishment that sells at retail goods, products, and merchandise related to marketing or promoting the distillery or its accessory uses. * * *” SECTION 7. 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 8. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. Page 13 of 17Exhibit A 7 PASSED this day of , 2016 APPROVED this day of , 2016 VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ____ day of _______________, 2016 CITY CLERK Peter M. Friedman, General Counsel [NOTE: Deleted Language is Struck Through. New Language is Bolded and Double Underlined.] #39722270_v1 Page 14 of 17Exhibit A 1 CITY OF DES PLAINES ORDINANCE M - 11 - 16 AN ORDINANCE AMENDING THE CITY CODE RELATING TO THE SALE OF LIQUOR BY BREWPUBS, BREWERIES, AND DISTILLERIES WHEREAS, the City is a home rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, Chapter 4 of Title 4 of the City Code of the City of Des Plaines, as amended, regulates the sale of alcoholic liquors within the City and prohibits the service of alcohol without a license issued by the City (“Liquor Control Regulations”); and WHEREAS, the City desires to amend the Liquor Control Regulations to permit the sale of alcoholic beverages by brewpubs and breweries and distilleries with accessory taverns and restaurants; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the Liquor Control Regulations as set forth in this Ordinance; 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: DEFINITIONS. Section 2, titled "Definitions," of Chapter 4, titled "Liquor Control," of Title 5, titled "Business Regulations," of the City Code is amended to read as follows: "4-4-2: DEFINITIONS: A. The words and phrases defined in 235 Illinois Compiled Statutes 5/1-3, as amended (liquor control act of 1934), are hereby made a part of this chapter. B. “Brewery” means any class of brewer or craft brewer licensed to manufacture beer under the Illinois Liquor Control Act of 1934, 235 ILCS 5/1 et seq. When a brewery is the principal use, it may include a tavern or a class A restaurant, as those terms are defined in Section 12-13-3 of this Code, as accessory uses. A brewery with an accessory tavern is eligible to obtain the following classes of liquor licenses authorizing the sale of alcoholic liquor by the tavern, provided that the tavern complies with the applicable requirements set forth in Section 4-4-4 of this Code: class A, class AB, class F, and class H. A brewery with an accessory class A restaurant is Page 15 of 17Exhibit B 2 eligible to obtain the following classes of liquor licenses authorizing the sale of alcoholic liquor by the class A restaurant, provided that the class A restaurant complies with the applicable requirements set forth in Section 4-4-4 of this Code: class E, class F, and class H. A brewery is not eligible to obtain a class J license under any circumstance. C. “Brewpub” means a tavern or class A restaurant, as those terms are defined in Section 12-3-3 of this Code, that includes a brewery as an accessory use and that satisfies the definition of “brew pub” set forth in the Illinois Liquor Control Act of 1934, 235 ILCS 5/1 et seq. When a tavern is the principal use, a brewpub is eligible to obtain the following classes of liquor licenses authorizing the sale of alcoholic liquor by the tavern, provided that the tavern complies with the applicable requirements set forth in Section 4-4-4 of this Code: class A, class AB, class F, and class H. When a class A restaurant is the principal use, a brewpub is eligible to obtain the following classes of liquor licenses authorizing the sale of alcoholic liquor by the class A restaurant, provided that the class A restaurant complies with the applicable requirements set forth in Section 4-4-4 of this Code: class E, class F, and class H. A brewpub is not eligible to obtain a class J license under any circumstance. D. "Coffee shop" means a place of business that: 1) is registered in accordance with chapter 1 of this title; 2) opens to the public for business each day not later than seven o'clock (7:00) A.M. and remains open to the public for business continuously for not less than ten (10) hours; and 3) is engaged in the primary business of the sale, over a counter located at the point of sale where customers place orders, of: a) coffee, tea, coffee based beverages, tea based beverages, and other beverages prepared on the premises for consumption on or off the premises where served; and b) food items, including baked goods, sandwiches, and salads, primarily prepared off premises for consumption on or off the premises where served. The sale or service of alcoholic liquor at any coffee shop located within the city is prohibited except pursuant to a class P coffee shop license. No coffee shop located within the city is eligible for any class of liquor license other than a class P coffee shop license. E. “Distillery” means any class of distiller or craft distiller licensed to manufacture spirits by distillation under the Illinois Liquor Control Act of 1934, 235 ILCS 5/1 et seq. When a distillery is the principal use, it may include a tavern or a class A restaurant, as those terms are defined in Section 12-13-3 of this Code, as accessory uses. A distillery with an accessory tavern is eligible to obtain the following classes of liquor licenses authorizing the sale of alcoholic liquor by the tavern, provided that the tavern complies with the applicable requirements set forth in Section 4-4-4 of this Code: class A, class AB, class F, and class H. A distillery with an accessory class A restaurant is eligible to obtain the following classes of liquor licenses authorizing the sale of alcoholic liquor by the class A Page 16 of 17Exhibit B 3 restaurant, provided that the class A restaurant complies with the applicable requirements set forth in Section 4-4-4 of this Code: class E, class F, and class H. A distillery is not eligible to obtain a class J license under any circumstance.” SECTION 3: 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 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form according to law. PASSED this _____day of ____________, 2016. APPROVED this _____ day of ____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT ______ MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2016. CITY CLERK Peter M. Friedman, General Counsel [NOTE: Deleted language is struck through; inserted language is bold and double underlined.] #39721875_v1 Page 17 of 17Exhibit B COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: March 10, 2016 To: Michael G. Bartholomew, MCP, LEED AP, City Manager George Sakas, AICP, Director of Community and Economic Development From: Lauren Pruss, AICP, Economic Development Coordinator Subject: Amendment to the Definition for Class K Governmental Facilities License of Title 4, Chapter 4, Section 4 Issue: The Des Plaines Park District has requested approval to sell alcoholic beverages at their Lake Park facility during the normal hours of operation from 7:00 a.m. through dusk. The current definition restricts sales to prearranged events which include food service. Analysis: Staff has determined that any prearranged events selling alcoholic beverages sponsored by the Des Plaines Park District would be regulated by the provisions of a Class D Special Occasion License. To permit the Park District’s request, a minor amendment is proposed to the definition of a Class K Governmental Facilities License. The amendment will remove the language restricting the Class K license to special events. Recommendation: I recommend that the City Council approve M-10-16, which will allow for the future approval of a Class K liquor license for alcohol consumption at Lake Park. Exhibits: Exhibit A: Ordinance M-10-16 Amending the City Code Relating to Liquor Licenses Issued to Units of Local Government MEMORANDUM Page 1 of 4 1 CITY OF DES PLAINES ORDINANCE M - 10 - 16 AN ORDINANCE AMENDING THE CITY CODE RELATING TO LIQUOR LICENSES ISSUED TO UNITS OF LOCAL GOVERNMENT WHEREAS, the City is a home rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, Chapter 4 of Title 4 of the City Code of the City of Des Plaines, as amended ("City Code"), regulates the sale of alcoholic liquors within the City and prohibits the service of alcohol without a license issued by the City; and WHEREAS, Section 4-4-4 of the City Code establishes certain license classifications for the service of liquor within the City; and WHEREAS, pursuant to Section 4-4-4 of the City Code, a unit of local government may obtain a Class K liquor license to sell alcohol at special events, subject to certain conditions and restrictions (“Class K Regulations”); and WHEREAS, the City desires to amend Section 4-4-4 of the City Code to update the Class K Regulations and permit the sale of alcoholic beverages by units of local government, whether or not a special event is held; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend Section 4-4-4 of the City Code as set forth in this Ordinance; 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: CLASS K GOVERNMENTAL FACILITIES LICENSE. Section 4, titled "Classification of Licenses; Description," of Chapter 4, titled "Liquor Control," of Title 5, titled "Business Regulations," of the City Code is amended to read as follows: "4-4-4: CLASSIFICATION OF LICENSES; DESCRIPTION: The city’s classes of liquor licenses are as follows: * * * Page 2 of 4Exhibit A 2 CLASS K GOVERNMENTAL FACILITIES LICENSE: This license may be granted to a municipal corporation, unit of local government, school district or special district (the "governmental body") and shall authorize the sale of alcoholic liquor for consumption in buildings owned or leased by such governmental body (the "facility"), subject to the applicable provisions of this Section 4-4-4. The A class K license shall permit the sale of alcoholic liquor during prearranged events for consumption on the premises of the facility identified in the liquor license and only when which include the service of food food service is available. A representative or employee of the governmental body must be present throughout every such event on the licensed premises at all times that alcoholic liquor is served in accordance with Section 4-4-10 of this Code. A quarterly report of preceding events shall be submitted to the local liquor control commissioner within fifteen (15) days of the end of each calendar quarter. The quarterly report shall be signed by an authorized official of the governmental body and shall include the date and time of each event at which liquor was sold, the number of guests present and the nature, sponsor and caterer of the event. A. No such facility shall have a cocktail lounge or other similar area devoted primarily to the service and consumption of alcoholic liquor only, and it shall be unlawful to sell alcoholic liquor of any kind for carryout consumption off such premises. B. For purposes of the application required by section 4-4-7 of this chapter, the applicant shall be the governmental body. The application shall state the office address of the applicant, the names and residence addresses of all members of the governing board, and the names and residence addresses of the officers or employees who are authorized to be present at all events on the licensed premises. Subsections 4-4-7A2, A3, A7, A8 and A9 of this chapter shall not apply to class K licenses, but shall apply to class K - subsidiary licenses. C. The provisions of this chapter shall apply to class K licenses insofar as they may be applicable to a governmental body. * * *” [Inserted text is bold and double-underlined; deleted text is struck through.] SECTION 3: 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. Page 3 of 4Exhibit A 3 SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form according to law. PASSED this _____day of ____________, 2016. APPROVED this _____ day of ____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT ______ MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2016. CITY CLERK Peter M. Friedman, General Counsel DP-Ordinance Amending Section 4-4-4 of the City Code to Amend the Definition of Class K Government Facilities Liquor License #39719545_v2 Page 4 of 4Exhibit A Office of General Counsel 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org Date: February 29, 2016 To: Mayor, Aldermen, and City Clerk City Manager From: Peter Friedman, General Counsel Subject: Ordinance on Elected Official Salaries Issue: Pursuant to the "Local Government Officer Compensation Act" (“Compensation Act”), the compensation of elected officers of local governments (including home rule governments) "shall be fixed at least 180 days before the beginning of the terms of the officers whose compensation is to be fixed." 50 ILCS 145/2. Pursuant to Division 50 (titled “Compensation”) of Article 3.1 of the Illinois Municipal Code, members of the City Council and the City Clerk “shall receive the salary and other compensation that is fixed by ordinance.” 65 ILCS 5/3.1-50-5 and 3.1- 50-10. Analysis: During their respective terms of office members of the City Council and the City Clerk (“Elected Officials”), and their respective qualified family members, may receive health, dental, and life insurance coverage benefits by participating in the health, dental, and life insurance programs that the City makes available to City employees. For participating Elected Officials and qualified family members, the City pays premiums for the applicable health, dental, and life insurance program consistent with the payments made for such programs on behalf of City employees (“Insurance Benefits"). Neither the Insurance Benefits nor participation in the City’s health, dental, and life insurance plans is intended to be provided to former elected officials. The Insurance Benefits have been provided to Elected Officials for over 30 years. Recommendation: If the City Council desires to maintain the provision of Insurance Benefits for Election Officials, we recommend that the City Council adopt the attached Ordinance. Attachments: Ordinance M-9-16 MEMORANDUM 1 Page 1 of 3 PF CITY OF DES PLAINES ORDINANCE M - 9 - 16 AN ORDINANCE AMENDING SECTION 5 OF CHAPTER 7 OF TITLE 1 OF THE CITY CODE REGARDING ELECTED OFFICIAL SALARIES AND COMPENSATION WHEREAS, the City is a home rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, Section 1-7-5 of the City Code of the City of Des Plaines, as amended ("City Code"), sets the salaries and compensation of the Mayor, the Aldermen, and the City Clerk (collectively "Elected Officials"); and WHEREAS, the City Council has determined that it is in the best interest of the City to amend Section 1-7-5 of the City Code as set forth in this Ordinance to further codify the long- standing provision of health, dental, and life insurance benefits as part of the salaries and compensation of the Elected Officials; 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: ELECTION OFFICIAL SALARIES AND COMPENSATION. Section 5, titled "Official Salaries," of Chapter 7, titled "City Officials," of Title 1, titled "Administrative," of the City Code is hereby amended by adding a new Subsection D to Section 5, which new Subsection D shall be as follows: "1-7-5: OFFICIAL SALARIES: * * * * D. Additional Compensation: The Mayor and Aldermen and City Clerk shall, during their respective terms of office, be eligible to participate, along with their families, in the health, dental, and life insurance programs offered to all City employees. For any such participant, the City will pay premiums for the applicable health, dental, and life insurance program consistent with the payments made by the City on behalf of City employees for such program, and any such participant shall be required to pay premium costs, deductibles, co-pays, co-insurance, and charges in excess of applicable coverage limitations that are in effect from time-to-time during the term of their participation in the programs as provided to all City employees.” 1 Page 2 of 3 SECTION 3: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. [Note: Deleted language is Struck Through. New Language is Bolded and Double Underlined.] PASSED this _____ day of _________________, 2016. APPROVED this _____ day of ___________________, 2016. VOTE: AYES ______ NAYS ______ ABSENT ______ MAYOR ATTEST: _______________________________ CITY CLERK Published in pamphlet form this Approved as to form: ____ day of ____________, 2016. ________________________________ CITY CLERK Peter M. Friedman, General Counsel DP-Ordinance Amending Section 1-7-5 of the City Code Regarding Election Official Salaries and Compensation #39507709_v2 2 Page 3 of 3