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20170117 Council Packet Tuesday, January 17, 2017 Closed Session – 6:00 p.m. Regular Session – 7:00 p.m. Room 102 CALL TO ORDER CLOSED SESSION PERSONNEL REGULAR SESSION ROLL CALL PRAYER PLEDGE OF ALLEGIANCE RECOGNITION POLICE DEPARTMENT – NEW HIRES  GABRIEL HALLAS  DALE JEON  MYLES KLEIN  RYNE KORBUS  BRIAN MARESCO  DANIEL MURPHY  JEFF VON MOSER  NICHOLAS ZEFELDT SWEARING-IN CEREMONY FIRE DEPARTMENT – NEW HIRE  DAVID LENO CITIZEN PARTICIPATION (matters not on the Agenda) CITY CLERK ANNOUNCEMENTS ALDERMEN ANNOUNCEMENTS CLOSED SESSION ACTION: TO BE REPORTED OUT IF NECESSARY | CONSENT AGENDA 1. Approve the Purchase of Replacement Parkway Trees from Participating STC Nurseries and Planting Labor through the West Central Municipal Conference – Suburban Tree Consortium, 2000 Fifth Avenue, River Grove, IL in the Not-to-Exceed Amount of $300,000 for Spring and Late Summer Plantings to be Funded from General Fund, Street Maintenance Division, Tree Plantings 1a. RESOLUTION R-6-17: A Resolution Authorizing the Purchase and Planting of Trees through the West Municipal Conference Suburban Tree Consortium 2. Approve the Three-Year Expenditure of Aggregate Materials and Spoils Disposal Contract with MQ Sewer and Water Contractors, Inc., 4323 North Central Avenue, Chicago, IL in the Amount of $125,380 for 2017. Budgeted Funds – Streets and Grounds Maintenance/Water Systems Maintenance/Sewer Systems Maintenance. 2a. RESOLUTION R-7-17: A Resolution Authorizing the Expenditure of Funds Under a Contract with MQ Sewer and Water Contractors, Inc. 3. Approve Professional Services Consultant Contract Renewal with Kane, McKenna and Associates, Inc. at a Not-to-Exceed Annual Cost of $44,000 3a. RESOLUTION R-8-17: A Resolution Approving a Professional Services Agreement with Kane, McKenna, and Associates, Inc. for TIF Consulting Services 4. Approve Contract with Municipal GIS Partners, Inc., 701 Lee Street, Des Plaines, IL in an Amount Not -to- Exceed $194,406.00 for Geographical Information System (GIS) Staffing and Services. Budgeted Funds – GIS General Fund. 4a. RESOLUTION R-9-17: A Resolution Authorizing the Expenditure of Funds Under a Contract with Municipal GIS Partners, Inc., for Geographic Information System Support Services 5. Approve the 2017 Municipal Estimate of Maintenance Costs in the Amount of $1,671,000 and Adopt the Illinois Department of Transportation (IDOT) Resolution for Maintenance of Streets and Highways 5a. RESOLUTION R-10-17: A Resolution for Maintenance of Streets and Highways by Municipality Under the Illinois Highway Code (17-00000-00-GM) 6. Approve Purchase of Sensus Water Meters in the Amount of $420,000 and Installation Services in the Amount of $100,000 on an As-Needed Basis from their Authorized Distributor, HD Supply Waterworks, Ltd., 220 South Westgate Drive, Carol Stream, IL. Budgeted Funds – Water System Fund/Miscellaneous Contractual Services and Water Meters. 6a. RESOLUTION R-11-17: A Resolution Authorizing a New Agreement with HD Supply Waterworks, Ltd., for the Purchase and Installation of Sensus Water Meters 7. Approve Professional Services Master Contract and Task Order No. 1 in the Amount of $69,000.00 between the City of Des Plaines and Trotter and Associates, Inc., 40W201 Wasco Road, St. Charles, IL. Budgeted Funds – CIP Water/Sewer / Professional Services. 7a. RESOLUTION R-12-17: A Resolution Approving a Master Contract with Trotter and Associates, Inc., for Professional Engineering Services and Task Order No. 1 for Upgrades at the Maple Street Water Plant 8. Authorize the City Clerk to Advertise for Bid the 2017 Restoration and Planting with Installation Contract 9. Authorize the City Clerk to Advertise for Bid the 2017-2019 Fertilizer and Weed Application Contract | 10. SECOND READING – ORDINANCE M-1-17: An Ordinance Amending the City Code to Add One Class A Liquor License 11. Minutes/Regular Meeting – January 3, 2017 12. Minutes/Closed Session – January 3, 2017 END OF CONSENT AGENDA COMMITTEE OF THE WHOLE 1. FINANCE & ADMINISTRATION – Alderman Don Smith, Chair a. Warrant Register in the Amount of $2,242,807.14 – RESOLUTION R-14-17 2. COMMUNITY DEVELOPMENT – Alderman Mike Charewicz, Chair a. Class 6b Classification Renewal for 455 E. Jarvis Avenue, Des Plaines 3. ENGINEERING – Alderman Denise Rodd, Chair a. Discussion Regarding Sidewalk Inspection and Replacement Program 4. LEGAL & LICENSING – Alderman Patricia Haugeberg, Chair a. Resolution Amending Resolution R-179-16 to Authorize Expanded Scope of Services and to Increase the Maximum Amount of Expenditure – RESOLUTION R-15-17 (back-up material to follow) 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 REPOR TED OUT BY THE COMMITTEE CHAIRMAN UNDER “NEW BUSINESS” UNFINISHED BUSINESS N/A NEW BUSINESS: IF REPORTED OUT BY COMMITTEE 1. a. RESOLUTION R-14-17: Warrant Register in the amount of $2,242,807.14 2. a. n/a 3. a. n/a 4. a. RESOLUTION R-15-17: A Resolution Amending Resolution R-179-16 to Authorize Expanded Scope of Services and to Increase the Maximum Amount of Expenditure | MANAGER’S REPORT ALDERMEN COMMENTS MAYORAL COMMENTS ADJOURNMENT City of Des Plaines, in compliance with the America ns With Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in the meeting(s) or have questions about the accessibilit y of the meeting(s) or facilities, contact the ADA Coordinator at 391-5486 to allow the City to make reasonable accommodations for these persons. POLICE DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5400 desplaines.org Date: January 4, 2017 To: Michael G. Bartholomew, City Manager From: William Kushner, Chief of Police Subject: New Hires-Patrol Officers Issue: In order to fill vacancies created by retirements, ensure continuity of operations, and fill all budgeted positions, the following personnel are appointed as patrol officers: Gabriel Hallas Dale Jeon Myles Klein Ryne Korbus Brian Maresco Daniel Murphy Jeff Von Moser Nicholas Zefeldt Recommendation: That these members are congratulated. MEMORANDUM 405 S. River Road Des Plaines, IL 60016 P: 847.391.5333 desplaines.org Date: January 4, 2017 To: Michael Bartholomew, City Manager From: Alan Wax, Fire Chief Subject: Swearing-In of Firefighter/Paramedic Candidate David Leno Issue: The Fire Department has hired new candidate David Leno. He will be starting on January 9, 2017 and we ask that he be introduced and sworn-in at the January 17th City Council meeting. Analysis: Firefighter/Paramedic Candidate Leno will be attending the nine-week fire academy starting on January 16th. Recommendation: I request that the Mayor swear-in Candidate Leno to his new position at the beginning of the City Council meeting on January 17, 2017; and I invite the Mayor, Aldermen, and public to join me in congratulating Candidate Leno on his appointment. PUBLIC WORKS AND ENGINEERING DEPARTMENT 1111 Joseph J. Schwab Road Des Plaines, IL 60016 P: 847.391.5464 desplaines.org Date: December 23, 2016 To: Mike Bartholomew, MCP, LEED-AP, City Manager From: Tom Bueser, Superintendent of General Services Timothy Watkins, Assistant Director of Public Works and Engineering Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Subject: Approve Purchase for Parkway Tree Planting – Suburban Tree Consortium Issue: The approved 2017 budget includes $300,000 in funding for the purchase and planting of parkway trees. Analysis: The City of Des Plaines is a member of the West Central Municipal Conference – Suburban Tree Consortium (STC), which is comprised of 42 communities. The Consortium obtains competitive pricing for all members through a five year contractual program for tree purchasing and planting. This purchase is presented to the City Council as a “not to exceed” budgeted funds expenditure. The number and species of trees to be planted will be determined through resident response and planting areas already suitable for planting. Recommendation: We recommend the purchase of replacement parkway trees from participating STC nurseries and planting labor (by their currently approved vendor-Pugsley and LaHaie) through the West Central Municipal Conference – Suburban Tree Consortium, 2000 Fifth Avenue, Bldg J, River Grove, IL 60171, in the “not to exceed amount” of $300,000 for spring and late summer plantings to be funded from General Fund, Street Maintenance Division, Tree Plantings (100-50-530-0000.6175). Attachments: Resolution R-6-17 Exhibit A – STC Schedule of Prices MEMORANDUM Page 1 of 16 1 CITY OF DES PLAINES RESOLUTION R - 6 - 17 A RESOLUTION AUTHORIZING THE PURCHASE AND PLANTING OF TREES THROUGH THE WEST MUNICIPAL CONFERENCE SUBURBAN TREE CONSORTIUM. 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 $300,000 in the Street Maintenance Division Tree Plantings Fund for use by the Department of Public Works and Engineering during the 2017 fiscal year for the procurement of trees and tree planting services; and WHEREAS, the City is a member of the West Central Municipal Conference Suburban Tree Consortium ("Consortium"), a group of 42 communities created to obtain competitive pricing for the purchase of trees and the procurement tree planting services; and WHEREAS, the City desires to purchase trees through the Consortium that will be planted in parkways throughout the City; and WHEREAS, sufficient funds have been appropriated to purchase and plant the trees; and WHEREAS, the City has determined that the Consortium's purchasing policies satisfy the City's competitive bidding requirements; and WHEREAS, the City Council has determined that it is in the best interest of the City to: purchase trees from nurseries selected by the Consortium (collectively, the “Consortium Nurseries”); and (ii) to procure tree planting services through the landscaping contractor selected by the Consortium, Pugsley and Lahaie, Ltd. (“P&L”), all in accordance with the schedule of prices attached to this Resolution as Exhibit A (“Schedule of Prices”) and in the total not-to- exceed amount of $300,000; 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: AUTHORIZATION TO PROCURE. The City Manager is hereby authorized and directed to execute such documents and make such payments as are necessary to complete the purchase of trees from the Consortium Nurseries and the procurement of tree planting services from P&L in accordance with the Schedule of Prices and in a total amount not to exceed $300,000. Page 2 of 16 2 SECTION 3: 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 _________________, 2017. APPROVED this ___ day of ____________________, 2017. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Purchase of Trees West Municipal Conference Suburban Tree Consortium 2017 Page 3 of 16 Exhibit A Page 4 of 16 Exhibit A Page 5 of 16 Exhibit A Page 6 of 16 Exhibit A Page 7 of 16 Exhibit A Page 8 of 16 Exhibit A Page 9 of 16 Exhibit A Page 10 of 16 Exhibit A Page 11 of 16 Exhibit A Page 12 of 16 Exhibit A Page 13 of 16 Exhibit A Page 14 of 16 Exhibit A Page 15 of 16 E x h i b i t A P a g e 1 6 o f 1 6 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1111 Joseph J. Schwab Road Des Plaines, IL 60016 P: 847.391.5464 desplaines.org Date: December 23, 2016 To: Mike Bartholomew, MCP, LEED-AP, City Manager From: Joel Gehrett, Superintendent of Utility Services 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: Aggregate Materials and Spoils Disposal Contract Issue: The 2017 budget includes funding to purchase aggregate materials for backfilling and disposal of spoils from Public Works excavations. Analysis: On February 17, 2015, the City approved a three-year contract with MQ Sewer and Water Contractors, Inc. for the purchase of aggregate materials and spoil disposal services. 2017 is the third and final year of the current contract. Expenditures under this contract must be approved by the City Council annually based on appropriated and budgeted funds for the current fiscal year. The original contract price for the three-year contract is $360,005.00 with the third year being $125,380. Recommendation: We recommend approval of the year three expenditure of the Aggregate Materials and Spoils Disposal Contract with MQ Sewer and Water Contractors, Inc., 4323 North Central Avenue, Chicago, Illinois 60634, in the amount of $125,380 for 2017. Funding will be from Streets and Grounds Maintenance (100-50- 530-0000.6040), Water Systems Maintenance, (500-00-550-0000.6040) and (500-00-550-0000.7070.075), and Sewer Systems Maintenance (500-00-560-0000.6040) and (500-00-560-0000.7075). Attachments: Attachment 1 - MQ Sewer and Water Contractors, Inc. Contract Resolution R-7-17 MEMORANDUM Page 1 of 12 Attachment 1 Page 2 of 12 Attachment 1 Page 3 of 12 Attachment 1 Page 4 of 12 Attachment 1 Page 5 of 12 Attachment 1 Page 6 of 12 Attachment 1 Page 7 of 12 Attachment 1 Page 8 of 12 Attachment 1 Page 9 of 12 Attachment 1 Page 10 of 12 1 CITY OF DES PLAINES RESOLUTION R - 7 - 17 A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS UNDER A CONTRACT WITH MQ SEWER AND WATER CONTRACTORS, INC. WHEREAS, on February 17, 2015, the City Council adopted R-31-15, approving and authorizing the execution of a three-year contract (“Contract”) with MQ Sewer And Water Contractors, Inc. (“Contractor”), for the purchase and delivery of aggregate materials and the procurement of spoils disposal services (collectively, the "Work") when and as directed by the City; and WHEREAS, the City and the Contractor entered into the Contract as of March 5, 2015; and WHEREAS, the City Council appropriated funds in the Street and Grounds Maintenance, Water Systems Maintenance, and Sewer Systems Maintenance Funds for use by the Department of Public Works and Engineering during the 2017 fiscal year for the performance of the Work; and WHEREAS, the City desires to make expenditures in the not-to-exceed amount of $125,380 during the 2017 fiscal year for the performance of the Work by Contractor under the Contract; and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize the expenditure of the not-to-exceed amount of $125,380 during the 2017 fiscal year for the performance of the Work by Contractor under the Contract; 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 hereby incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: AUTHORIZATION OF EXPENDITURE. The City Council hereby authorizes the expenditure of the not-to-exceed amount of $125,380 during the 2017 fiscal year for the performance of the Work by Contractor under the Contract. Page 11 of 12 2 SECTION 3: 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 __________________, 2017. APPROVED this _____ day of ______________, 2017. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Expenditure of Funds Under Contract with MQ Sewer and Water Contractors (2017) Page 12 of 12 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: December 23, 2016 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Michael McMahon, Community and Economic Development Director Subject: Professional Services Consultant Contract with Kane, McKenna, and Associates, Inc. Issue: Illinois State statute requires municipalities to submit annual Tax Increment Finance (TIF) reports for each redevelopment district to the State Comptroller 180 days after the end of the community’s most recent fiscal year upon completion of the municipal audit. The City of Des Plaines’ annual audit for fiscal year 2016 will be completed by June 30, 2017 with the annual TIF reports initiated immediately thereafter. TIF Annual Reports enable the public and other taxing bodies to review the status of the TIF Districts pursuant to annual intergovernmental Joint Review Board (JRB) meetings, also required by statute. Analysis: The City continuously evaluates the performance of the TIF districts with an effort to readjust plans and goals as feasible in the current improving economy and local real estate market. Translation and expansion of financial data from the audit to these reports requires not only the technical financial knowledge and experience but long-term institutional knowledge of the TIF activities. For these reasons most Illinois municipalities, including Des Plaines, utilize a TIF consultant for reporting and conduct of the JRB meetings. Kane, McKenna, and Associates, Inc (KMA) has historically assisted the City’s preparation of the annual TIF reports. KMA also monitors Equalized Assessed Valuation (EAV) fluctuations and property tax revenue fluctuations allowing to plan TIF budgets. They have also analyzed the financial impacts of specific projects within the TIF districts and updated redevelopment plans to reflect uses currently feasible within the national economy and our local markets. Recommendation: Given KMA’s expertise and detailed knowledge of the City’s TIF Districts, I recommend entering into a contract to prepare the annual TIF Reports for calendar years 2017-2018. This includes retaining KMA for TIF EAV and revenue monitoring, general redevelopment feasibility assessment and specific financial analysis for projects within our five TIF districts. The maximum annual cost is not to exceed $44,000 per year. In previous years the full authorized amount was not expended. Those costs are budgeted within multiple line items within the city budget. The estimate is based upon the following billing schedule: MEMORANDUM Page 1 of 23 Personnel_____________ _Hourly Rate President $200.00/Hour Executive President $175.00/Hour Officers $150.00/Hour Associates $100.00/Hour Research $60.00/Hour Administrative $25.00/Hour Attachments: Attachment 1: Letter of Agreement with Kane, McKenna and Associates, Inc. Attachment 2: Resolution to enter into a two-year TIF Consultant Contract R-8-17 Exhibit A: Professional Services Agreement Page 2 of 23 Attachment 1 Page 3 of 23 Attachment 1 Page 4 of 23 Attachment 1 Page 5 of 23 Attachment 1 Page 6 of 23 Attachment 1 Page 7 of 23 CITY OF DES PLAINES RESOLUTION R - 8 - 17 A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH KANE, MCKENNA, AND ASSOCIATES, INC. FOR TIF CONSULTING 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 has appropriated funds for use during the 2017 fiscal year for the procurement of consulting services related to monitoring, evaluating, and reporting on the performance of the City’s tax increment financing (“TIF”) districts and revenue monitoring and redevelopment feasibility assessment of non-TIF projects ("Services"); and WHEREAS, Kane, McKenna and Associates, Inc. ("Consultant"), has performed the Services for the City over a number of years and has a high degree of familiarity with the City’s seven TIF Districts; and WHEREAS, pursuant to Chapter 10 of Title 1 of the City Code of the City of Des Plaines and Section 7.4(E) of the City’s purchasing policy, the City has determined that the procurement of the Services is not adapted to award by competitive bidding because the Services require a high degree of professional skill; and WHEREAS, the City desires to enter into an agreement with Consultant to procure the Services in the not-to-exceed amount of $44,000 ("Agreement"); and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Agreement with 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 AGREEMENT. The City Council hereby approves the Agreement in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. SECTION 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 only after receipt by the City Clerk of at least two executed copies of the final Agreement from Consultant; provided, however, that if the City Clerk does not receive Attachment 2 Page 8 of 23 such executed copies of the final Agreement from Consultant within 30 days after the date of adoption of this Resolution, then this authority to execute and seal the final Agreement 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 ____________, 2017. APPROVED this _____ day of _____________, 2017. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Agreement with Kane McKenna for TIF Consultant Services 2017 #34910731_v2 Attachment 2 Page 9 of 23 CITY OF DES PLAINES PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is dated as of the ____ day of ___________, 2017, and is by and between the CITY OF DES PLAINES, an Illinois home rule municipal corporation ("City"), and the Consultant identified in Section 1.A of this Agreement. IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in this Agreement, and pursuant to the City’s statutory and home rule powers, the parties agree as follows: SECTION 1. CONSULTANT. A. Engagement of Consultant. The City desires to engage the Consultant identified below to perform and to provide all necessary professional consulting services to perform the work in connection with the project identified below: Consultant Name ("Consultant"): Kane McKenna and Associates Address: 150 North Wacker Drive, Suite 1600 Chicago, Illinois 60606 Telephone No.: (312) 444-1702 Email: rrychlicki@kanemckenna.com Project Name/Description: TIF consulting services for 2017 Agreement Amount: Consultant shall be paid at the hourly rates set forth in the Proposal (defined in Section 1.B of this Agreement), but in no circumstances shall the total aggregate amount for all Services (defined in Section 1.C of this Agreement) exceed $44,000. B. Project Description. Consultant shall, at the City's direction, perform consulting services relating to project revenue analysis, the completion of the redevelopment plan and project, the preparation of annual tax increment allocation financing (“TIF”) reports, and the performance of TIF related project revenue analysis, all as more fully described in the proposal attached to this Agreement as Exhibit A ("Proposal"). Exhibit A Page 10 of 23 C. Representations of Consultant. The Consultant represents that it is financially solvent, has the necessary financial resources, and is sufficiently experienced and competent to perform and complete the consulting services that are set forth in the Proposal ("Services") in a manner consistent with the standards of professional practice by recognized consulting firms providing services of a similar nature. SECTION 2. SCOPE OF SERVICES. A. Retention of the Consultant. The City retains the Consultant to perform, and the Consultant agrees to perform, the Services. B. Services. The Consultant shall provide the Services pursuant to the terms and conditions of this Agreement. C. Commencement; Time of Performance. The Consultant shall commence the Services immediately upon receipt of written notice from the City that this Agreement has been fully executed by the Parties ("Commencement Date"). The Consultant shall diligently and continuously prosecute the Services until midnight on December 31, 2017, or upon the termination of this Agreement by the City ("Time of Performance"). D. Renewal. The City may, at its sole discretion, renew this Agreement for an additional one-year term by providing written notice to the Consultant not less than 30 days before the last day of the Time of Performance. E. Reporting. The Consultant shall regularly report to the City Manager, or his designee, regarding the progress of the Services during the term of this Agreement. SECTION 3. COMPENSATION AND METHOD OF PAYMENT. A. Agreement Amount. The total amount paid by the City for the Services pursuant to this Agreement shall not exceed the amount identified as the Agreement Amount in Section 1.A of this Agreement. No claim for additional compensation shall be valid unless made in accordance with Sections 3.D or 3.E of this Agreement. B. Invoices and Payment. The Consultant shall submit invoices in an approved format to the City for costs incurred by the Consultant in performing the Services. The amount billed in each invoice for the Services shall be based solely upon the rates set forth in the Proposal. The City shall pay to the Consultant the amount billed within 60 days after receiving such an invoice. C. Records. The Consultant shall maintain records showing actual time devoted and costs incurred, and shall permit the City to inspect and audit all data Exhibit A Page 11 of 23 and records of the Consultant for work done pursuant to this Agreement. The records shall be made available to the City at reasonable times during the term of this Agreement, and for one year after the termination of this Agreement. D. Claim In Addition To Agreement Amount. 1. The Consultant shall provide written notice to the City of any claim for additional compensation as a result of action taken by the City, within 15 days after the occurrence of such action. 2. The Consultant acknowledges and agrees that: (a) the provision of written notice pursuant to Section 3.D.1 of this Agreement shall not be deemed or interpreted as entitling the Consultant to any additional compensation; and (b) any changes in the Agreement Amount shall be valid only upon written amendment pursuant to Section 8.A of this Agreement. 3. Regardless of the decision of the City relative to a claim submitted by the Consultant, the Consultant shall proceed with all of the work required to complete the Services under this Agreement, as determined by the City, without interruption. E. Additional Services. The Consultant acknowledges and agrees that the City shall not be liable for any costs incurred by the Consultant in connection with any services provided by the Consultant that are outside the scope of this Agreement (“Additional Services”), regardless of whether such Additional Services are requested or directed by the City, except upon the prior written consent of the City. F. Taxes, Benefits, and Royalties. Each payment by the City to the Consultant includes all applicable federal, state, and City taxes of every kind and nature applicable to the Services, as well as all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or similar benefits, and all costs, royalties, and fees arising from the use on, or the incorporation into, the Services, of patented or copyrighted equipment, materials, supplies, tools, appliances, devices, processes, or inventions. All claims or rights to claim additional compensation by reason of the payment of any such tax, contribution, premium, cost, royalty, or fee are hereby waived and released by the Consultant. G. Final Acceptance. The Services, or, if the Services are to be performed in separate phases, each phase of the Services, shall be considered complete on the date of final written acceptance by the City of the Services or each phase of the Services, as the case may be, which acceptance shall not be unreasonably withheld or delayed. Exhibit A Page 12 of 23 SECTION 4. PERSONNEL; SUBCONTRACTORS. A. Key Project Personnel. The Key Project Personnel identified in the Proposal shall be primarily responsible for carrying out the Services on behalf of the Consultant. The Key Project Personnel shall not be changed without the City's prior written approval. B. Availability of Personnel. The Consultant shall provide all personnel necessary to complete the Services including, without limitation, any Key Project Personnel identified in this Agreement. The Consultant shall notify the City as soon as practicable prior to terminating the employment of, reassigning, or receiving notice of the resignation of, any Key Project Personnel. The Consultant shall have no claim for damages and shall not bill the City for additional time and materials charges as the result of any portion of the Services which must be duplicated or redone due to such termination or for any delay or extension of the Time of Performance as a result of any such termination, reassignment, or resignation. C. Approval and Use of Subcontractors. The Consultant shall perform the Services with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved in advance by the City in writing. All subcontractors and subcontracts used by the Consultant shall be acceptable to, and approved in advance by, the City. The City’s approval of any subcontractor or subcontract shall not relieve the Consultant of full responsibility and liability for the provision, performance, and completion of the Services as required by this Agreement. All Services performed under any subcontract shall be subject to all of the provisions of this Agreement in the same manner as if performed by employees of the Consultant. For purposes of this Agreement, the term “Consultant” shall be deemed also to refer to all subcontractors of the Consultant, and every subcontract shall include a provision binding the subcontractor to all provisions of this Agreement. D. Removal of Personnel and Subcontractors. If any personnel or subcontractor fails to perform the Services in a manner satisfactory to the City and consistent with commonly accepted professional practices, the Consultant shall immediately upon notice from the City remove and replace such personnel or subcontractor. The Consultant shall have no claim for damages, for compensation in excess of the amount contained in this Agreement, or for a delay or extension of the Time of Performance as a result of any such removal or replacement. SECTION 5. CONFIDENTIAL INFORMATION. A. Confidential Information. The term "Confidential Information" shall mean information in the possession or under the control of the City relating to the technical, business, or corporate affairs of the City; City property; user Exhibit A Page 13 of 23 information, including, without limitation, any information pertaining to usage of the City's computer system, including and without limitation, any information obtained from server logs or other records of electronic or machine readable form; and the existence of, and terms and conditions of, this Agreement. City Confidential Information shall not include information that can be demonstrated: (1) to have been rightfully in the possession of the Consultant from a source other than the City prior to the time of disclosure of such information to the Consultant pursuant to this Agreement ("Time of Disclosure"); (2) to have been in the public domain prior to the Time of Disclosure; (3) to have become part of the public domain after the Time of Disclosure by a publication or by any other means except an unauthorized act or omission or breach of this Agreement on the part of the Consultant or the City; or (4) to have been supplied to the Consultant after the Time of Disclosure without restriction by a third party who is under no obligation to the City to maintain such information in confidence. B. No Disclosure of Confidential Information by the Consultant. The Consultant acknowledges that it shall, in performing the Services for the City under this Agreement, have access, or be directly or indirectly exposed, to Confidential Information. The Consultant shall hold confidential all Confidential Information and shall not disclose or use such Confidential Information without the express prior written consent of the City. The Consultant shall use reasonable measures at least as strict as those the Consultant uses to protect its own confidential information. Such measures shall include, without limitation, requiring employees and subcontractors of the Consultant to execute a non-disclosure agreement before obtaining access to Confidential Information. SECTION 6. STANDARD OF SERVICES AND INDEMNIFICATION. A. Representation and Certification of Services. The Consultant represents and certifies that the Services shall be performed in accordance with the standards of professional practice, care, and diligence practiced by recognized consulting firms in performing services of a similar nature in existence at the Time of Performance. The representations and certifications expressed shall be in addition to any other representations and certifications expressed in this Agreement, or expressed or implied by law, which are hereby reserved unto the City. B. Indemnification. The Consultant shall, and does hereby agree to, indemnify, save harmless, and defend the City against all damages, liability, claims, losses, and expenses (including attorneys' fees) that may arise, or be alleged to have arisen, out of or in connection with the Consultant’s performance of, or failure to perform, the Services or any part thereof, or any failure to meet the representations and certifications set forth in Section 6.A of this Agreement. Exhibit A Page 14 of 23 C. Insurance. The Consultant shall provide, at its sole cost and expense, liability insurance in the aggregate amount of $1,000,000, which insurance shall include, without limitation, protection for all activities associated with the Services. The insurance shall be for a minimum of $1,000,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage. The Consultant shall cause the City to be named as an additional insured on the insurance policy described in this Section 6.C. Not later than 10 days after the Commencement Date, the Consultant shall provide the City with either: (a) a copy of the entire insurance policy; or (b) a Certificate of Insurance along with a letter from the broker issuing the insurance policy to the effect that the Certificate accurately reflects the contents of the insurance policy. The insurance coverages and limits set forth in this Section 6.C shall be deemed to be minimum coverages and limits, and shall not be construed in any way as a limitation on the Consultant’s duty to carry adequate insurance or on the Consultant’s liability for losses or damages under this Agreement. D. No Personal Liability. No elected or appointed official or employee of the City shall be personally liable, in law or in contract, to the Consultant as the result of the execution of this Agreement. SECTION 7. CONSULTANT AGREEMENT GENERAL PROVISIONS. A. Relationship of the Parties. The Consultant shall act as an independent contractor in providing and performing the Services. Nothing in, nor done pursuant to, this Agreement shall be construed: (1) to create the relationship of principal and agent, employer and employee, partners, or joint venturers between the City and Consultant; or (2) to create any relationship between the City and any subcontractor of the Consultant. B. Conflict of Interest. The Consultant represents and certifies that, to the best of its knowledge: (1) no elected or appointed City official, employee or agent has a personal financial interest in the business of the Consultant or in this Agreement, or has personally received payment or other consideration for this Agreement; (2) as of the date of this Agreement, neither Consultant nor any person employed or associated with Consultant has any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement; and (3) neither Consultant nor any person employed by or associated with Consultant shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement. C. No Collusion. The Consultant represents and certifies 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 contesting, in accordance Exhibit A Page 15 of 23 with the procedures established by the appropriate revenue act, its liability for the tax or the amount of the tax, as set forth in Section 11-42.1-1 et seq. of the Illinois Municipal Code, 65 ILCS 5/11-42.1-1 et seq.; or (2) a violation of either Section 33E-3 or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq. The Consultant represents that the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the City prior to the execution of this Agreement, and that this Agreement is made without collusion with any other person, firm, or corporation. If at any time it shall be found that the Consultant has, in procuring this Agreement, colluded with any other person, firm, or corporation, then the Consultant shall be liable to the City for all loss or damage that the City may suffer, and this Agreement shall, at the City’s option, be null and void. D. Termination. 1. By City. Notwithstanding any other provision hereof, the City may terminate this Agreement at any time upon 15 days written notice to the Consultant. In the event that this Agreement is so terminated, the Consultant shall be paid for Services actually performed and reimbursable expenses actually incurred, if any, prior to termination, not exceeding the value of the Services completed, which shall be determined on the basis of the rates set forth in the Proposal. 2. By Consultant. In the event that the City violates any material provision of this Agreement, Consultant shall have the option and the right to terminate this Agreement by providing the City with 15 days advance written notice that the Consultant is exercising its termination rights under this Section 7.D.2 ("Termination Notice"); provided, however, that prior to serving a Termination Notice, the Consultant shall provide the City with 15 days written notice and an opportunity to cure the violation. E. Compliance With Laws and Grants. 1. Compliance with Laws. The Consultant shall give all notices, pay all fees, and take all other action that may be necessary to ensure that the Services are provided, performed, and completed in accordance with all required governmental permits, licenses, or other approvals and authorizations that may be required in connection with providing, performing, and completing the Services, and with all applicable statutes, ordinances, rules, and regulations, including, without limitation: any applicable prevailing wage laws; the Fair Labor Standards Act; any statutes regarding qualification to do business; any statutes requiring preference to laborers of specified classes; any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited classification, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the Illinois Human Rights Exhibit A Page 16 of 23 Act, 775 ILCS 5/1-101 et seq. The Consultant shall also comply with all conditions of any federal, state, or local grant received by the City or the Consultant with respect to this Agreement or the Services. Further, the Consultant shall have a written sexual harassment policy in compliance with Section 2-105 of the Illinois Human Rights Act. 2. Liability for Noncompliance. The Consultant shall be solely liable for any fines or civil penalties that are imposed by any governmental or quasi-governmental agency or body that may arise, or be alleged to have arisen, out of or in connection with the Consultant's, or any of its subcontractors, performance of, or failure to perform, the Services or any part thereof. 3. Required Provisions. Every provision of law required by law to be inserted into this Agreement shall be deemed to be inserted herein. F. Default. If it should appear at any time that the Consultant has failed or refused to prosecute, or has delayed in the prosecution of, the Services with diligence at a rate that assures completion of the Services in full compliance with the requirements of this Agreement, or has otherwise failed, refused, or delayed to perform or satisfy the Services or any other requirement of this Agreement (“Event of Default”), and fails to cure any such Event of Default within ten business days after the Consultant’s receipt of written notice of such Event of Default from the City, then the City shall have the right, without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies: 1. Cure by Consultant. The City may require the Consultant, within a reasonable time, to complete or correct all or any part of the Services that are the subject of the Event of Default; and to take any or all other action necessary to bring the Consultant and the Services into compliance with this Agreement. 2. Termination of Agreement by City. The City may terminate this Agreement without liability for further payment of amounts due or to become due under this Agreement after the effective date of termination. 3. Withholding of Payment by City. The City may withhold from any payment, whether or not previously approved, or may recover from the Consultant, any and all costs, including attorneys’ fees and administrative expenses, incurred by the City as the result of any Event of Default by the Consultant or as a result of actions taken by the City in response to any Event of Default by the Consultant. G. No Additional Obligation. The Parties acknowledge and agree that the City is under no obligation under this Agreement or otherwise to negotiate or enter into any other or additional contracts or agreements with the Consultant or with any vendor solicited or recommended by the Consultant. Exhibit A Page 17 of 23 H. City Council Authority. Notwithstanding any provision of this Agreement, any negotiations or agreements with, or representations by the Consultant to, vendors shall be subject to the approval of the City Council. For purposes of this Section 7.H, "vendors" shall mean entities engaged in subcontracts for the provision of additional services directly to the City. The City shall not be liable to any vendor or third party for any agreements made by the Consultant without the knowledge and approval of the City Council. I. Mutual Cooperation. The City agrees to cooperate with the Consultant in the performance of the Services, including meeting with the Consultant and providing the Consultant with such non-confidential information that the City may have that may be relevant and helpful to the Consultant’s performance of the Services. The Consultant agrees to cooperate with the City in the performance and completion of the Services and with any other consultants engaged by the City. J. News Releases. The Consultant shall not issue any news releases, advertisements, or other public statements regarding the Services without the prior written consent of the City Manager. K. Ownership. Designs, drawings, plans, specifications, photos, reports, information, observations, calculations, notes, and any other documents, data, or information, in any form, prepared, collected, or received from the City by the Consultant in connection with any or all of the Services to be performed under this Agreement ("Documents") shall be and remain the exclusive property of the City. At the City’s request, or upon termination of this Agreement, the Consultant shall cause the Documents to be promptly delivered to the City. L. GIS Data. The City has developed digital map information through Geographic Information Systems Technology ("GIS Data") concerning the real property located within the City. If requested to do so by the Consultant, the City agrees to supply the Consultant with a digital copy of the GIS Data, subject to the following conditions: 1. Limited Access to GIS Data. The GIS Data provided by the City shall be limited to the scope of the Services that the Consultant is to provide for the City; 2. Purpose of GIS Data. The Consultant shall limit its use of the GIS Data to its intended purpose of furtherance of the Services; and 3. Agreement with Respect to GIS Data. The Consultant does hereby acknowledge and agree that: Exhibit A Page 18 of 23 a. Trade Secrets of the City. The GIS Data constitutes proprietary materials and trade secrets of the City, and shall remain the property of the City; b. Consent of City Required. The Consultant will not provide or make available the GIS Data in any form to anyone without the prior written consent of the City Manager; c. Supply to City. At the request of the City, the Consultant shall supply the City with any and all information that may have been developed by the Consultant based on the GIS Data; d. No Guarantee of Accuracy. The City makes no guarantee as to the accuracy, completeness, or suitability of the GIS Data in regard to the Consultant’s intended use thereof; and e. Discontinuation of Use. At such time as the Services have been completed to the satisfaction of the City, the Consultant shall cease its use of the GIS Data for any purpose whatsoever, and remove the GIS Data from all of the Consultant's databases, files, and records; and, upon request, an authorized representative of the City shall be afforded sufficient access to the Consultant’s premises and data processing equipment to verify compliance by the Consultant with this Section 7.L.3.e. SECTION 8. GENERAL PROVISIONS. A. Amendment. No amendment or modification to this Agreement shall be effective until it is reduced to writing and approved and executed by the City and the Consultant in accordance with all applicable statutory procedures. B. Assignment. This Agreement may not be assigned by the City or by the Consultant without the prior written consent of the other party. C. Binding Effect. The terms of this Agreement shall bind and inure to the benefit of the City, the Consultant, and their agents, successors, and assigns. D. Notice. All notices required or permitted to be given under this Agreement shall be in writing and shall be delivered (1) personally, (2) by a reputable overnight courier, or by (3) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid. Unless otherwise expressly provided in this Agreement, notices shall be deemed received upon the earlier of: (a) actual receipt; (b) one business day after deposit with an overnight courier, as evidenced by a receipt of deposit; or (c) four business days following deposit in the U.S. mail, as evidenced by a return receipt. By notice complying with the requirements of this Section 8.D, each party shall have the right to change the address or the addressee, Exhibit A Page 19 of 23 or both, for all future notices and communications to the other party, but no notice of a change of addressee or address shall be effective until actually received. Notices and communications to the City shall be addressed to, and delivered at, the following address: City of Des Plaines 1420 Miner Street Des Plaines, IL 60016 Attention: City Manager With a copy to: Holland & Knight LLP 131 S. Dearborn, 30th Floor Chicago, Illinois 60603 Attention: Peter M. Friedman, General Counsel Notices and communications to the Consultant shall be addressed to, and delivered at, the following address: Kane McKenna and Associates 150 N. Wacker Dr., Suite 1600 Chicago, Illinois 60606 Attention: Robert Rychlicki, Exec. Vice President With a copy to: ________________________ ________________________ ________________________ ________________________ E. Third Party Beneficiary. No claim as a third party beneficiary under this Agreement by any person, firm, or corporation shall be made or be valid against the City. F. Provisions Severable. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. G. Time. Time is of the essence in the performance of all terms and provisions of this Agreement. H. Calendar Days and Time. Unless otherwise provided in this Agreement, any reference in this Agreement to "day" or "days" shall mean calendar days and not business days. If the date for giving of any notice required to be given, Exhibit A Page 20 of 23 or the performance of any obligation, under this Agreement falls on a Saturday, Sunday, or federal holiday, then the notice or obligation may be given or performed on the next business day after that Saturday, Sunday, or federal holiday. I. Governing Laws. This Agreement shall be governed by, construed and enforced in accordance with the internal laws, but not the conflicts of laws rules, of the State of Illinois. J. Authority to Execute. 1. The City. The City hereby warrants and represents to the Consultant that the persons executing this Agreement on its behalf have been properly authorized to do so by its corporate authorities. 2. The Consultant. The Consultant hereby warrants and represents to the City that the persons executing this Agreement on its behalf have the full and complete right, power, and authority to enter into this Agreement and to agree to the terms, provisions, and conditions set forth in this Agreement and that all legal actions needed to authorize the execution, delivery, and performance of this Agreement have been taken. K. Entire Agreement. This Agreement constitutes the entire agreement between the parties to this Agreement and supersedes all prior agreements and negotiations between the parties, whether written or oral, relating to the subject matter of this Agreement. L. Waiver. Neither the City nor the Consultant shall be under any obligation to exercise any of the rights granted to them in this Agreement except as it shall determine to be in its best interest from time to time. The failure of the City or the Consultant to exercise at any time any such rights shall not be deemed or construed as a waiver of that right, nor shall the failure void or affect the City's or the Consultant's right to enforce such rights or any other rights. M. Consents. Unless otherwise provided in this Agreement, whenever the consent, permission, authorization, approval, acknowledgement, or similar indication of assent of any party to this Agreement, or of any duly authorized officer, employee, agent, or representative of any party to this Agreement, is required in this Agreement, the consent, permission, authorization, approval, acknowledgement, or similar indication of assent shall be in writing. N. Grammatical Usage and Construction. In construing this Agreement, pronouns include all genders and the plural includes the singular and vice versa. O. Interpretation. This Agreement shall be construed without regard to the identity of the party who drafted the various provisions of this Agreement. Exhibit A Page 21 of 23 Moreover, each and every provision of this Agreement shall be construed as though all parties to this Agreement participated equally in the drafting of this Agreement. As a result of the foregoing, any rule or construction that a document is to be construed against the drafting party shall not be applicable to this Agreement. P. Headings. The headings, titles, and captions in this Agreement have been inserted only for convenience and in no way define, limit, extend, or describe the scope or intent of this Agreement. Q. Exhibits. Exhibit A attached to this Agreement is, by this reference, incorporated in and made a part of this Agreement. In the event of a conflict between an Exhibit and the text of this Agreement, the text of this Agreement shall control. R. Rights Cumulative. Unless expressly provided to the contrary in this Agreement, each and every one of the rights, remedies, and benefits provided by this Agreement shall be cumulative and shall not be exclusive of any other rights, remedies, and benefits allowed by law. S. Counterpart Execution. This Agreement may be executed in several counterparts, each of which, when executed, shall be deemed to be an original, but all of which together shall constitute one and the same instrument. [SIGNATURE PAGE FOLLOWS] Exhibit A Page 22 of 23 IN WITNESS WHEREOF, the Parties have executed this Agreement this ______ day of ________________, 2017. ATTEST: CITY OF DES PLAINES By: By: Gloria J. Ludwig, City Clerk Michael Bartholomew, City Manager ATTEST: CONSULTANT By: By: Title: Its: #49167508_v1 Exhibit A Page 23 of 23 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5390 desplaines.org Date: December 1, 2016 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineering Timothy Oakley, P.E., CFM, Director of Public Works and Engineering Subject: Renewal of Municipal GIS Partners Contract for 2017 Issue: The City’s contract for Geographical Information System (GIS) staffing and services is up for annual renewal in 2017. Municipal GIS Partners (MGP) is the vendor, selected by the GIS Consortium, to provide staffing and technical services for the City’s GIS. Analysis: The City has been a member of the GIS Consortium since 2002. There are now 32 other community members. During the preceding year, MGP completed mapping of the City’s sewer, water, and street lighting systems and has updated the associated atlas books. They also updated the TIF District boundaries and corrected address data, 1- foot elevation contours, zoning districts and the internet webpage with the City’s GIS data. That information is available to all users of the City’s computer system, and the general public at www.gisconsortium.org or on the City’s website under Des Plaines Interactive Map. Recommendation: We recommend approval of the contract with Municipal GIS Partners, Inc., 701 Lee Street, Suite 1020, Des Plaines, IL 60016 in an amount not to exceed $194,406.00. This is a budgeted item from the GIS General Fund. Attachments: Attachment 1 - MGP Supplemental Statement of Work Resolution R-9-17 MEMORANDUM Page 1 of 6 Supplemental Statement of Work Pursuant to and in accordance with Section 1.2 of that certain GIS Consortium Service Provider Contract dated January 1, 2015 (the “Contract”) between the City of Des Plaines, an Illinois municipal corporation (the “Municipality”) and Municipal GIS Partners, Incorporated (the “Consultant”), the parties hereby agree to the following SUPPLEMENTAL STATEMENT OF WORK, effective January 1, 2017 (“SOW”): 1. Description of Additional Services: No additional services beyond such Services described in any previously approved SOWs to the Contract are added by this SOW. 2. Project Schedule/Term: This SOW does not amend or renew the Initial Term set forth in the Contract. For the avoidance of doubt, the Initial Term set forth in the Contract expires three (3) years from the Effective Date of January 1, 2015. 3. Projected Utilization: As set forth in Section 4.1(c) of the Contract, the project utilization shall adjust each calendar year in accordance with the annual rates approved by the Board of Directors of GISC. The projected utilization for the calendar year beginning January 1, 2017 and ending December 31, 2017 is set forth in this SOW as follows: A. 1644 hours of GIS Specialist B. X hours of GIS/RAS Specialist C. 164 hours of Client Account Manager D. 164 hours of GIS Analyst E. 92 hours of GIS Platform Administrator F. 92 hours of GIS Application Developer G. 92 hours of GIS Manager 4. Service Rates: As set forth in Section 4.1(c) of the Contract, the service rates shall adjust each calendar year in accordance with the annual rates approved by the Board of Directors of GISC. The service rates for the calendar year beginning January 1, 2017 and ending December 31, 2017 is set forth in this SOW as follows: A. $ 77.80 per hour for GIS Specialist Attachment 1 Page 2 of 6 B. $ 81.30 per hour for GIS/RAS Specialist C. $ 99.00 per hour for Client Account Manager D. $ 99.00 per hour for GIS Analyst E. $ 123.30 per hour for GIS Platform Administrator F. $ 123.30 per hour for GIS Application Developer G. $ 123.30 per hour for GIS Manager Total Not-to-Exceed Amount for Services (Numbers): $194,406.00. Total Not-to-Exceed Amount for Services (Figures): one hundred ninety-four thousand four hundred six dollars and zero cents. In the event of any conflict or inconsistency between the terms of this SOW and the Contract or any previously approved SOW, the terms of this SOW shall govern and control with respect to the term, projected utilization rates, service rates and scope of services. All other conflicts or inconsistencies between the terms of the Contract and this SOW shall be governed and controlled by the Contract. Any capitalized terms used herein but not defined herein shall have the meanings prescribed to such capitalized term in the Contract. SIGNATURE PAGE FOLLOWS Attachment 1 Page 3 of 6 IN WITNESS WHEREOF, the undersigned have placed their hands and seals hereto as of _____________________, ______. ATTEST: By: ________________________________ Name:______________________________ Its:_________________________________ CITY OF DES PLAINES By:_________________________________ Name:______________________________ Its:_________________________________ ATTEST: By: Name: Donna Thomey Its: Office Administrator CONSULTANT: MUNICIPAL GIS PARTNERS, INCORPORATED By: Name: Thomas Thomey Its: President Attachment 1 Page 4 of 6 1 CITY OF DES PLAINES RESOLUTION R - 9 - 17 A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS UNDER A CONTRACT WITH MUNICIPAL GIS PARTNERS, INC., FOR GEOGRAPHIC INFORMATION SYSTEM SUPPORT 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 of Des Plaines is a member of the Municipal Geographic Information System Consortium ("Consortium"); and WHEREAS, the Consortium has selected Municipal GIS Partners, Inc., of Des Plaines, Illinois ("MGP"), as the provider of geographic information system services (“Services”) for members of the Consortium; and WHEREAS, on January 5, 2015, the City Council adopted R-1-15, approving and authorizing the execution of a three-year contract (“Contract”) with MGP for the procurement of the Services; and WHEREAS, pursuant to the Contract, Contractor agreed to perform the Services during the 2017 fiscal year for an amount not to exceed $194,406.00; and WHEREAS, the City has appropriated funds for use by the Department of Public Works and Engineering during the 2017 fiscal year for the procurement of the Services; and WHEREAS, the City desires to make expenditures in the not-to-exceed amount of $194,406.00 during the 2017 fiscal year for the performance of the Services by MGP under the Contract; and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize the expenditure of the not-to-exceed amount of $194,406.00 during the 2017 fiscal year for the performance of the Services by MPG under the Contract; 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. Page 5 of 6 2 SECTION 2: AUTHORIZATION OF EXPENDITURE. The City Council hereby authorizes the expenditure of the not-to-exceed amount of $194,406.00 during the 2017 fiscal year for the performance of the Services by MGP under the Contract. SECTION 3: 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 _________________, 2017. APPROVED this ___ day of ____________________, 2017. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Expenditure of Funds Under Contract with Municipal GIS Partners for GIS Services 2017 Page 6 of 6 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5390 desplaines.org Date: December 22, 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: 2017 Motor Fuel Tax Maintenance Resolution Section Number 17-00000-00-GM Issue: In order for municipalities to expend Motor Fuel Tax funds on annual maintenance operations, the Illinois Department of Transportation (IDOT) requires a Municipal Estimate of Maintenance Costs and a Resolution for Maintenance of Streets and Highways by Municipality under the Illinois Highway Code. Analysis: The Municipal Estimate of Maintenance Costs itemizes all Motor Fuel Tax maintenance expenditures proposed for 2017 in the City of Des Plaines, which includes Sidewalk Improvements ($750,000), Street Crack Filling ($30,000), Repair and Maintenance of Traffic Signals ($44,000), Electric Energy costs for Street Lighting and Traffic Signals ($232,000), Ice Control ($350,000), Curb Improvements ($225,000) and Material Testing ($40,000). These items and amounts are included in the 2017 Motor Fuel Tax Fund budget and total $1,671,000. Recommendation: We recommend approval of the 2017 Municipal Estimate of Maintenance Costs and adoption of the IDOT Resolution for Maintenance of Streets and Highways. Attachments: Attachment 1 - Municipal Estimate of Maintenance Costs Attachment 2 - IDOT Resolution for Maintenance of Streets & Highways Resolution R-10-17 MEMORANDUM Page 1 of 4 Printed on 1/5/2017 1:24 PM BLR 14231(Rev 02/18/14) Local Public Agency: County: Maintenance Period Preliminary Engineering Engineering Inspection Material Testing Advertising Bridge Inspections Submitted:Approved: Municipal Estimate of Maintenance Costs Cook 1/1/2017 to 12/31/2017 Section Number: Estimated Cost of Maintenance Operations 17-00000-00-GM Des Plaines Maintenance Maint. Group Insp. Req. For Group I, IIA, IIB, or III Est Total Operation Unit Item Operation Cost 1) Sidewalk & Curb Improvements IV Bid out by City (Contract)- 975,000.00 (No. Description)Item Unit Quantity Price Cost - - 17-00000-01-GM - 30,000.00 17-00000-02-GM - 2) Street Crack Filling IIB Bid out by City (Contract) - 3) Repair & Maintenance Traffic Signals II By agreements with IDOT, - 44,000.00 - and Village of Mount Prospect - 17-00000-03-GM Cook County Highway Dept., - 4) Electricity Costs II Street lighting and traffic - 232,000.00 - - 17-00000-04-GM signals - 350,000.00 - 5) Ice Control IIB Salt and CaCL purchase bid - - - - - - - - - - - - - - - - - - - 40,000.00 40,000.00 - Total Estimated Maintenance Operation Cost 1,631,000.00 Estimated Cost MFT Portion Other Funds - Totals: Maintenance Maint Eng Date Date Municipal Official Title Regional Engineer Total Estimated Maintenance Engineering Cost 40,000.00 Total Estimated Maintenance Cost 1,671,000.00 40,000.00 - - 17-00000-05-GM out by City thru CMS - - 40,000.00 40,000.00 Attachment 1 Page 2 of 4 Printed 1/5/2017 BLR 14230 (Rev. 07/15/13) Resolution for Maintenance of Streets and Highways by Municipality Under the Illinois Highway Code BE IT RESOLVED, by the Mayor and City Council of the (Council or President and Board of Trustees) City of Des Plaines , Illinois, that there is hereby (City, Town or Village) (Name) appropriated the sum of $1,671,000.00 of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code from January 1, 2017 (Date) to December 31, 2017 . (Date) BE IT FURTHER RESOLVED, that only those streets, highways, and operations as listed and described on the approved Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that the Clerk shall, as soon a practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department , a certified statement showing expenditures from and balances remaining in the account(s) for this period; and BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit two certified copies of this resolution to the district office of the Department of Transportation, at Schaumburg , Illinois. I, Gloria J. Ludwig Clerk in and for the City (City, Town or Village) of Des Plaines , County of Cook hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Mayor and City Council at a meeting on January 17, 2017 (Council or President and Board of Trustees) Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of . (SEAL) Clerk (City, Town or Village) Approved Regional Engineer Department of Transportation Date Attachment 2 Page 3 of 4 1 CITY OF DES PLAINES RESOLUTION R - 10 - 17 A RESOLUTION FOR MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE (17-00000-00-GM) BE IT RESOLVED, by the Mayor and City Council of the City of Des Plaines, Illinois, that there is hereby appropriated the sum of $1,671,000 of Motor and Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code from January 1, 2017 to December 31, 2017. BE IT FURTHER RESOLVED, that only those streets, highways, and operations as listed and described on the approved Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period specified above. BE IT FURTHER RESOLVED, that the Clerk shall, as soon as practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department, a certified statement showing expenditures from and balances remaining in the account(s) for this period; and BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit two certified copies of this resolution to the district office of the Department of Transportation, at Schaumburg, Illinois. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this ____ day of __________________, 2017. APPROVED this _____ day of ______________, 2017. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Motor Fuel Tax for Street Maintenance IDOT 2017 Page 4 of 4 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1111 Joseph J. Schwab Road Des Plaines, IL 60016 P: 847-391-5464 desplaines.org Date: December 28, 2017 To: Mike Bartholomew, MCP, LEED-AP, City Manager From: Joel Gehrett, 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: 2017 Annual Water Meter Purchase Issue: Annually, the Water Division purchases water meters with automated reading technology for the meter replacement program. The approved 2017 budget amount for the purchase and installation of water meters is $520,000. Analysis: The City maintains a program that standardizes all City water meters using Sensus smart metering devices. Utilizing Sensus meters exclusively helps reduce the number and type of replacement parts we need to keep in stock. The meter reading system is in place and Public Works has actively been replacing water meters throughout the City. In 2012, Council authorized us to enter into an agreement with the local Sensus distributer, HD Supply Waterworks, Ltd., for the purchase and implementation of a fixed base meter reading system and associated water meters. To date, 6,500 of the City’s approximately 16,500 water meters have been replaced with the new fixed-base reading technology. HD Supply Waterworks has provided a proposal for the water meter installations using their Sensus authorized installation contractor, United Meter, Inc. United Meter has performed water meter installations for many municipalities including Wheeling, Morton Grove and Des Plaines. This service would be used on as-needed basis, depending on the complexity and size of the meter being replaced. Recommendation: We recommend the purchase of the Sensus water meters and installation services on an as-needed basis from their authorized distributor, HD Supply Waterworks, Ltd., 220 South Westgate Drive, Carol Stream, Illinois 60188. Source of funding will be the Water System Fund, Miscellaneous Contractual Services (500-00-550-6195) in the amount of $100,000 and Water Meters (500-00-550-7070.070) in the amount of $420,000. Attachments: Resolution R-11-17 Exhibit A – Master Agreement MEMORANDUM Page 1 of 30 1 CITY OF DES PLAINES RESOLUTION R - 11 - 17 A RESOLUTION AUTHORIZING A NEW AGREEMENT WITH HD SUPPLY WATERWORKS, LTD., FOR THE PURCHASE AND INSTALLATION OF SENSUS WATER METERS. __________________________________________ 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, since 2012, the City has been in the process of standardizing all City water meters using Sensus metering devices ("Water Meters") in an effort to reduce the replacement part inventory that the City must retain in stock; and WHEREAS, on November 13, 2012, the City Council adopted Resolution R-140-12, approving an agreement ("Initial Agreement") with HD Supply Waterworks, Ltd. ("Vendor"), and authorizing the purchase and installation of the Water Meters, certain automated meter reading equipment, and repair parts (collectively, the "Water Meter Equipment"); and WHEREAS, on January 6, 2014, the City Council adopted Resolution R-9-14, approving a renewal of the Agreement ("Renewal Agreement"), which: (i) extended the pricing for the Water Meter Equipment set forth in the Agreement through December 31, 2015; and (ii) provided for the continued purchase and installation of the Water Meter Equipment; and WHEREAS, the Renewal Agreement has expired; and WHEREAS, the City desires to enter into a new agreement with Vendor ("2017 Agreement") to: (i) purchase additional Water Meters and Water Meter Equipment from Vendor in the not-to-exceed amount of $420,000; and (ii) procure Water Meter Equipment installation services from Vendor in the not-to-exceed amount of $100,000, for a total not-to-exceed amount of $520,000; and WHEREAS, pursuant to Chapter 10 of Title 1 of the City Code of Des Plaines and the City purchasing policy, the City has determined that the purchase of the Water Meters and Water Meter Equipment from Vendor does not require competitive bidding because the Vendor is the sole source provider for the Water Meters and Water Meter Equipment that satisfy the special parameters required by the City to achieve improved public service and long-term operational efficiencies by the City; and WHEREAS, the City has appropriated sufficient funds in the Water System Fund for use by the Department of Public Works and Engineering for the purchase and installation of the Water Meters and the Water Meter Equipment; and Page 2 of 30 2 WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the 2017 Agreement with the Vendor; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: APPROVAL OF 2017 AGREEMENT. The City Council hereby approves the 2017 Agreement in substantially the form attached to this Resolution as Exhibit A, and in final form approved by the General Counsel. SECTION 3: AUTHORIZATION OF TO EXECUTE 2017 AGREEMENT. The City Council hereby authorizes and directs the City Manager and City Clerk to execute and seal, on behalf of the City, the final 2017 Agreement only after receipt by the City Clerk of at least two executed copies of the 2017 Agreement from Vendor; provided, however, that if the City Clerk does not receive such executed copies of the 2017 Agreement from Vendor within 60 days after the date of adoption of this Resolution, then this authority to execute and seal the 2017 Agreement 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 _________________, 2017. APPROVED this ___ day of ____________________, 2017. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Purchase of Water Meters from HD Supply Waterworks 2017 Page 3 of 30 CITY OF DES PLAINES Revision and Renewal of Master Project Agreement Dated _______________, 20____ HD Supply Waterworks, Ltd. 220 South Westgate Carol Stream, IL 60188 Agreement Number __________ Exhibit A Page 4 of 30 Table of Contents 1. PURPOSE AND SCOPE .....................................................................................................1 2. DEFINITIONS AND TERMINOLOGY .............................................................................1 3. TERM ..................................................................................................................................3 4. HD SUPPLY WATERWORKS’ RESPONSIBILITY ........................................................3 5. CLIENT’S RESPONSIBILITY ...........................................................................................3 6. DEFAULT OF CLIENT ......................................................................................................3 7. DEFAULT OF HD SUPPLY WATERWORKS .................................................................4 8. INSOLVENCY ....................................................................................................................4 9. TAXES, PERMITS, AND FEES .........................................................................................4 10. WARRANTY, REPRESENTATION AND CERTIFICATION .........................................4 11. INDEMNITY .......................................................................................................................4 12. SAFETY ..............................................................................................................................5 13. LIABILITY AND FORCE MAJEURE ...............................................................................5 14. INSURANCE .......................................................................................................................5 15. HAZARDOUS MATERIALS .............................................................................................5 16. CLEANUP ...........................................................................................................................5 17. DELAYS AND ACCESS ....................................................................................................6 18. QUALITY OF MATERIALS ..............................................................................................6 19. RESERVED .........................................................................................................................6 20. LEGAL GOVERNANCE ....................................................................................................6 21. DISPUTE RESOLUTION ...................................................................................................6 22. ASSIGNABILITV ...............................................................................................................7 23. NOTICES .............................................................................................................................7 24. BINDING EFFECT .............................................................................................................7 25. MODIFICATIONS ..............................................................................................................7 26. SEVERABILITY .................................................................................................................7 27. PURCHASE ORDER ..........................................................................................................7 28. RELATIONSHIP OF PARTIES..........................................................................................7 29. CONFLICT OF INTEREST ................................................................................................8 30. NO COLLUSION ................................................................................................................8 Exhibit A Page 5 of 30 #11789006_v3 2 31. THIRD PARTY BENEFICIARY ........................................................................................8 32. TIME ....................................................................................................................................8 33. WAIVER..............................................................................................................................8 APPENDICES Appendix A – Procurement, Installation, and Management Contract Exhibit A-1 – Material Procurement Summary For Installation Contract Exhibit A-2 – Scope of Work Exhibit A-3 – Acceptance Certificate Appendix B – Reserved Appendix C – Reserved Appendix D – Warranty Exhibit D-1 – Manufacturers’ Warranties Exhibit A Page 6 of 30 Revision and Renewal of Master Project Agreement This Revision and Renewal of Master Project Agreement (as hereinafter defined, this “Agreement”) dated as of ______________________ between HD Supply Waterworks, Ltd. (as hereinafter defined, “HD Supply Waterworks”), a limited partnership consisting of HD Supply Waterworks Group, Inc. (limited Partner) and HD Supply GP & Management, Inc. (General Partner), and City of Des Plaines (as hereinafter defined, “Client”). 1. Purpose and Scope. The Agreement is a Master Project Agreement to provide certain Work to Client. HD Supply Waterworks agrees to undertake the necessary Work as specified in this Agreement, and Client agrees to take all actions that are identified in this Agreement and to pay HD Supply Waterworks in the manner contemplated by this Agreement. This Agreement consists of the text set forth herein and the text set forth in each Appendix to this Agreement that is executed and delivered by the Parties. The Appendices checked below are the only Appendices that have been executed and delivered by the Parties as part of this Agreement (provided, however, that Exhibits that are part of a stated Appendix also shall be part of this Agreement): [X] Appendix A--Procurement, Installation and Management Contract [ ] Appendix B--Reserved [ ] Appendix C--Reserved [Xl Appendix D--Warranty 2. Definitions and Terminology. When used in this Agreement or in any of its attachments, the following capitalized terms shall have the respective meanings as follows: “Agreement” shall mean this Master Project Agreement, to include all Appendices and Exhibits that are checked in Section 1 above. “AWWA” shall mean the American Water Works Association. “AMR” shall mean Automatic Meter Reading. “Client” shall mean City of Des Plaines together with its successors. “Factory Installation Recommendation” shall mean guidelines for installation procedures given by the manufacturer of the equipment. “Financing Contract” shall mean any separate financing agreement that may be executed and delivered by the Parties as contemplated by Appendix C to this Agreement, but only to the extent that Section 1 of this Agreement shall indicate that Appendix C applies to this Agreement. Exhibit A Page 7 of 30 #11789006_v3 2 No Financing Contract delivered pursuant to this Agreement shall constitute a part of this Agreement, and this Agreement does not constitute a part of any Financing Contract executed and delivered by the Parties. “Force Majeure” shall mean conditions beyond the reasonable control, or not the result of willful misconduct or negligence of the Party, including, without limitation acts of God, storms, extraordinary weather, acts of government units, strikes or labor disputes, fire, explosions, thefts, vandalism, riots, acts of war or terrorism, non-price related unavailability of Project Materials and Supplies, and unavailability of fuel. “Hazardous Materials” are any materials, substances, chemicals, and wastes recognized as hazardous or toxic (or other interchangeable terms of equal meaning) under applicable laws, regulations, rules, ordinances, and any governmental or authoritative body having jurisdiction over the execution of this Agreement and its attachments. “HD Supply Waterworks” shall mean HD Supply Waterworks, Ltd., a limited liability partnership, together with its successors. “Installation Contract” shall mean the Procurement, Installation, and Management Contract attached to this Agreement as Appendix A, but only to the extent that the Parties have executed and delivered such Appendix A. “Manufacturer Defect” shall mean any fault or defect in materials or workmanship that manifests itself during the Warranty Period and is covered by the manufacturer’s warranty. “Manufacturer’s Warranty Period” shall have the meaning set forth in Appendix D to this Agreement. “Party” shall mean either HD Supply Waterworks, Ltd. or Client. “Project” shall mean the work to be performed by HD Supply Waterworks or its subcontractors as described in this Agreement. “Project Materials and Supplies” shall mean the materials and equipment specified in Appendix A. “RF” shall be interchangeable with the term Radio Frequency. “State” shall mean the State of Illinois in which Client is located. “Third Party” shall mean a person or entity other than Client or HD Supply Waterworks. “Utility Service Area” shall mean the geographic area where the Project will be installed and the Work (and, if applicable, the Services) will be performed. This geographic area shall be specifically defined as any service actively identified for change during the system audit and any other geographic areas including Client’s system that HD Supply Waterworks, Ltd., in its discretion, shall approve in writing for inclusion in the Utility Service Area. Exhibit A Page 8 of 30 #11789006_v3 3 “Warranty Period” shall have the meaning set forth in Appendix D to this Agreement. “Work” shall mean all work required for the completion of HD Supply Waterworks’ obligations under this Agreement, including, to the extent that the Parties execute and deliver the Installation Contract attached hereto as Appendix A, the Work contemplated by the Installation Contract. 3.Term. The Term of this Agreement shall begin on the commencement date as listed in the opening paragraph and, unless earlier terminated in the manner contemplated by this Agreement, shall expire December 31, 2017. Notwithstanding the foregoing, the Client may terminate this Agreement and the Services and Work described herein by giving HD Supply Waterworks 90 days prior written notice of its termination of this Agreement. In the event of termination by Client as aforesaid, HD Supply Waterworks will make commercially reasonable efforts to cancel existing orders and mitigate losses resulting from termination; provide notice of termination to its material suppliers and subcontractors; and refrain from placing any additional orders for materials or services. In the event of termination, Client shall be responsible for special order materials, materials not returnable to the manufacturer for credit, and applicable restocking fees. 4.HD Supply Waterworks’ Responsibility. HD Supply Waterworks shall provide Services, supply Project Materials and Supplies, and do all other Work as described in this Agreement. Without limiting the generality of the foregoing, HD Supply Waterworks shall maintain supervision and be liable for any and all negligent or intentional acts, errors, or omissions of all its subcontractors. Any Work beyond the scope of the Work agreed to herein shall not be considered as part of this Agreement. There shall be no implied or verbal agreements between the Parties relating to the subject matter of this Agreement. 5.Client’s Responsibility. Client shall be responsible for cooperating with HD Supply Waterworks, providing accurate information in a timely manner, and making payment in a timely manner for Work performed, Project Materials and Supplies furnished, or Services rendered. Client shall designate a representative who will be fully acquainted with the Work and will be reasonably accessible to HD Supply Waterworks and its subcontractors, and will have the authority to make decisions on behalf of Client. Client shall provide to HD Supply Waterworks and its subcontractors all information regarding legal limitations, utility locations and other information reasonably pertinent to this Agreement and the Project. Client shall be required to give prompt notice should it become aware of any fault or defect in the Project. 6.Default of Client. The following events shall be considered events of Default of Client: (a) The failure of Client to make payments to HD Supply Waterworks in accordance with the terms of this Agreement; (b) any representation or warranty provided by Client that proves to be materially false or misleading when made and is intentionally made; (c) any material failure of Client to comply with or perform according to the terms of this Agreement or to correct such failure to perform within any cure period specified in this Agreement. If an event of Default by Client occurs, HD Supply Waterworks will exercise any and all remedies available to it under this Agreement. Exhibit A Page 9 of 30 #11789006_v3 4 7.Default of HD Supply Waterworks. The following events shall be considered events of default on the part of HD Supply Waterworks: (a) failure of HD Supply Waterworks to provide adequate personnel, equipment, and supplies in accordance with the provisions and specifications of this Agreement, (b) any failure to promptly re-perform, within a reasonable time, Work or Services that properly were rejected as defective or nonconforming, (c) the failure of HD Supply Waterworks to deliver its Work and Services free and clear of any lien or encumbrance by any subcontractor, laborer, materialman, or other creditor of HD Supply Waterworks, (d) any representation or warranty (other than a warranty as contemplated by Section 10 of this Agreement) provided by HD Supply Waterworks proves to be materially false or misleading when made, (e) any material failure of HD Supply Waterworks to comply with or perform according to the terms of this Agreement or to correct such failure to perform within any cure period specified in this Agreement. In the event of default by HD Supply Waterworks, Client may exercise any and all remedies available to it under this Agreement. 8.Insolvency. In the event that either Party becomes insolvent or makes an assignment for the benefit of creditors or is adjudicated bankrupt or admits in writing that it is unable to pay its debts, or should any proceedings be instituted under any state or Federal Law for relief of debtors or for the appointment of a receiver, trustee, or liquidator of either Party, or should voluntary petition in bankruptcy or a reorganization or any adjudication of either Party as an insolvent or a bankrupt be filed, or should an attachment be levied upon either Party’s equipment and not removed within five (5) days therefrom, then upon the occurrence of any such event, the other Party shall thereupon have the right to cancel this Agreement and to terminate immediately all work hereunder without further obligation. 9.Taxes, Permits, and Fees. HD Supply Waterworks shall be responsible for obtaining all permits and related permit fees associated with the Project. Client shall pay sales, use, consumer, and like taxes, if so required by law. Client shall be responsible for securing at its sole expense any other necessary approvals, easements, assessments, or required zoning changes. HD Supply Waterworks shall be responsible for all taxes measured by HD Supply Waterworks’ income. 10.Warranty, Representation and Certification. HD Supply Waterworks represents and certifies that the Work shall be performed in accordance with the standards of care and diligence practiced by recognized firms in HD Supply Waterworks' industry in performing Work of a similar nature in existence at the time of performance. The representations and certifications expressed shall be in addition to any other representations and certifications expressed in this Agreement, which are hereby reserved unto the Client. In addition, the warranty provided by HD Supply Waterworks and the manufacturer on Project Materials and Supplies, Work, and Services shall be as set forth in Appendix D. 11.Indemnity. Subject to Sections 13 and 14 of this Agreement, HD Supply Waterworks shall indemnify Client and Client's officials, officers, and employees against: (a) all actual and direct damages, liability, claims, losses, and expenses (including reasonable attorneys' fees) to the extent arising out of or in connection with HD Supply Waterworks', and/or subcontractors or material men hired by HD Supply Waterworks, negligent performance of, or negligent failure to perform, the Work or any part thereof, or any negligent failure to meet the representations and certifications expressed in this Agreement; (b) all claims for payment of Exhibit A Page 10 of 30 #11789006_v3 5 subcontractors or material men hired by HD Supply Waterworks for Work relating to the Project. HD Supply Waterworks and Client agree that HD Supply Waterworks is responsible only for damages that result from the negligent or intentional acts, errors, or omissions of HD Supply Waterworks or its subcontractors. HD Supply Waterworks’ indemnity obligation does not extend to warranty claims. 12.Safety. HD Supply Waterworks shall have the primary responsibility for the supervision, initiation, and maintaining all safety precautions and programs necessary to complete its Work associated with the Project. HD Supply Waterworks agrees to comply with all applicable regulations, ordinances, and laws relating to safety. It shall be the responsibility of Client, however, to assure that the sites controlled by Client at which HD Supply Waterworks is expected to do its Work are safe sites. 13.Liability and Force Majeure. Neither HD Supply Waterworks nor Client shall be responsible to each other for any indirect or consequential damages resulting in any form from the Project. Neither HD Supply Waterworks nor Client shall be responsible to each other for injury, loss, damage, or delay that arise from Force Majeure. HD Supply Waterworks shall not be responsible for any equipment or supplies other than Project Equipment and Supplies. 14.Insurance. During the Term of this Agreement HD Supply Waterworks shall maintain and shall assure that its subcontractors maintain insurance as follows: (a) Workers’ compensation insurance (or self-insurance) in accordance with applicable law; (b) Comprehensive general liability insurance of at least 1 million dollars in coverage; (c) Motor vehicle liability insurance of at least $500,000 in coverage. Such coverage may be provided under primary and excess policies. At the request of Client, HD Supply Waterworks shall provide or cause its subcontractor to provide to Client a certificate of insurance with respect to such policies. 15.Hazardous Materials. The Project and the Work expressly excludes any Work or Services of any nature associated or connected with the identification, abatement, cleanup, control, removal, or disposal of Hazardous Materials or substances. Client warrants and represents that, to the best of Client's knowledge, there is no asbestos or other hazardous materials in the Project premises in areas that HD Supply Waterworks shall be required to perform work that in any way will affect HD Supply Waterworks’ ability to complete the Project. If HD Supply Waterworks is made aware or suspects the presence of Hazardous Materials, HD Supply Waterworks reserves the right to stop work in the affected area and shall immediately notify Client. It shall remain Client’s responsibility to correct the condition to comply with local and federal standards and regulations. Client shall remain responsible for any Claims that result from the presence of the Hazardous Materials. 16.Cleanup. HD Supply Waterworks will be responsible for keeping the Project area free from the accumulation of waste materials or trash that result from the Project-related Work. Upon completion of the initial Project-related Work, HD Supply Waterworks will remove all waste Exhibit A Page 11 of 30 #11789006_v3 6 materials, trash, tools, construction equipment and supplies, and shall remove all surplus materials associated with the Project. When disposing of waste materials and trash, HD Supply Waterworks shall be responsible for all costs and compliance with laws, regulations and ordinances. 17.Delays and Access. If conditions arise that delay the commencement, completion, or servicing of the Project as a consequence of Force Majeure or failure of Client to perform its obligation that prevents HD Supply Waterworks or its agents from performing work, then HD Supply Waterworks will notify Client in writing of the existence of delay and the nature of the delay. Client and HD Supply Waterworks will then mutually agree upon any new completion dates, disbursement terms, and payment terms for the Work contemplated by this Agreement. Nothing in the foregoing sentence shall be deemed to relieve Client from its obligation to provide HD Supply Waterworks and its subcontractors reasonable and safe access to facilities that are necessary for HD Supply Waterworks to complete the Work. 18.Quality of Materials. HD Supply Waterworks will use the Project Materials and Supplies specified in Appendix A. Where brand names and part numbers are specified HD Supply Waterworks will use the items listed in Appendix A unless specified items are unavailable or discontinued. In this instance HD Supply Waterworks will work with Client to choose a substitute that is of the same or better quality. Where brand names are not specified, HD Supply Waterworks will choose Project Materials and Supplies that are within industry norms and standards. Should Client require Project Materials and Supplies with specific requirements, Client should make these specifications known in a timely manner. HD Supply Waterworks can use Client-furnished or Client-specific materials; however, Client will need to provide them or pay the difference in price and labor should any exist. Examples of Client specific requirements include but are not limited to country or state of origin, union manufactured, specific brand, or manufacturing process. 19.Reserved. 20.Legal Governance. The laws of the State of Illinois shall govern this Agreement and the relationship of the Parties contemplated hereby. 21.Dispute Resolution. (a) The Parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either Party may initiate negotiations by providing written notice to the other Party, setting forth the subject oath dispute and the relief requested. The recipient of such notice will respond in writing within five business days from receipt with a statement of its position on, and recommended solution to, the dispute. (b) The Parties further agree that in the event any dispute between them relating to this Agreement is not resolved under Section 21(a) exclusive jurisdiction shall be in the trial courts located within the county of the State in which Client has its principal office, any objections as to jurisdiction or venue in such court being expressly waived. (c) All Issues and questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules or Exhibit A Page 12 of 30 #11789006_v3 7 provisions (whether of the State of Illinois or any other jurisdiction) that would cause the application hereto of the laws of any jurisdiction other than the laws of the State of Illinois. 22.Assignabilitv. Neither party may assign, delegate or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party. 23.Notices. All notices and communications related to this Agreement shall be made in following address: If to Client: City of Des Plaines 1420 Miner Street Des Plaines, IL 60016 Attn: City Manager If to HD Supply Waterworks: HD Supply Waterworks 220 South Westgate Dr. Carol Stream, IL 60188 Attn: Tom Whalls 24.Binding Effect. Each of Client and HD Supply Waterworks represents and warrants to the other that this Agreement has been duly authorized, executed and delivered by such Party and constitutes a legal, valid and binding agreement of such Party enforceable against such Party in accordance with its terms. 25.Modifications. This Agreement shall not be modified, waived, discharged, terminated, amended, altered or changed in any respect except by a written document signed and agreed to by both HD Supply Waterworks and Client. 26.Severability. Any term or provision found to be prohibited by law or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without, to the extent reasonably possible, invalidating the remainder of this Agreement. 27.Purchase Order. This Section 27 [ ] shall be applicable, or [ ] shall not be applicable (mark as appropriate). If this section is applicable the Contract Number______ will serve as the initial Purchase Order Number and each additional order as necessary to supply the described materials listed in Exhibit A-1 will follow by adding a 1 sequentially (the next PO shall be _________________). If this clause is not applicable, the Client will provide a purchase order for each purchase, said purchase order is attached as required. Project delays resulting from the failure to release a purchase order will be deemed to be not the fault of the Contractor. 28.Relationship of Parties. HD Supply Waterworks shall act as an independent contractor in providing and performing the Work. Nothing in, or done pursuant to, this Agreement shall be construed: (1) to create the relationship of principal and agent, employer and employee, partners, or joint venturers between the Client and HD Supply Waterworks; or (2) to create any relationship between the Client and any subcontractor of HD Supply Waterworks. Exhibit A Page 13 of 30 #11789006_v3 8 29.Conflict of Interest. HD Supply Waterworks represents and certifies that, to the best of its knowledge: (1) no elected or appointed Client official, employee or agent has a personal financial interest in the business of the HD Supply Waterworks or in this Agreement, or has personally received payment or other consideration for this Agreement; (2) as of the date of this Agreement, neither HD Supply Waterworks nor any person employed or associated with HD Supply Waterworks has any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement; and (3) neither HD Supply Waterworks nor any person employed by or associated with HD Supply Waterworks shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement. 30.No Collusion. HD Supply Waterworks represents and certifies that HD Supply Waterworks 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 HD Supply Waterworks is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of the tax, as set forth in Section 11- 42.1-1 et seq. of the Illinois Municipal Code, 65 ILCS 5/11-42.1-1 et seq.; or (2) a violation of either Section 33E-3 or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq. HD Supply Waterworks represents that the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the Client prior to the execution of this Agreement, and that this Agreement is made without collusion with any other person, firm, or corporation. If at any time it shall be found that HD Supply Waterworks has, in procuring this Agreement, colluded with any other person, firm, or corporation, then HD Supply Waterworks shall be liable to the Client for all loss or damage that the Client may suffer, and this Agreement shall, at the Client’s option, be null and void. 31.Third Party Beneficiary. No claim as a third party beneficiary under this Agreement by any person, firm, or corporation shall be made or be valid against the Client. 32.Time. Time is of the essence in the performance of all terms and provisions of this Agreement. 33.Waiver. Neither the Client nor HD Supply Waterworks shall be under any obligation to exercise any of the rights granted to them in this Agreement except as it shall determine to be in its best interest from time to time. The failure of the Client or HD Supply Waterworks to exercise at any time any such rights shall not be deemed or construed as a waiver of that right, nor shall the failure void or affect the Client's or HD Supply Waterworks’ right to enforce such rights or any other rights. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written. HD SUPPLY WATERWORKS, LTD. By: ___________________________________ Printed name: ___________________________________ Exhibit A Page 14 of 30 #11789006_v3 9 Printed title: ___________________________________ CITY OF DES PLAINES By: ___________________________________ Printed name: Mike Bartholomew Printed title: City Manager Exhibit A Page 15 of 30 1 Appendix A Procurement, Installation, and Management Contract Provider: HD Supply Waterworks, Ltd. (“HD Supply Waterworks”) Client: City of Des Plaines This Procurement, Installation, and Management Contract (the “Installation Contract”) is an Appendix to the Master Project Agreement of even date herewith (the “Master Agreement”) concerning the Project referenced in the Master Agreement. 1. Summary of Work. The Summary of Work for the Project contemplated by the Master Agreement consists of providing Project Materials and Supplies as listed in Exhibit A-1 and installation of a portion of the Project Materials as requested by Client. Summary of Work: Supply and Install Meters/Smartpoints as requested by the City of Des Plaines 2.Project Implementation Period. The Project is scheduled to commence on the date this Agreement is signed and shall conclude on December 31, 2017. 3.Compensation. Client agrees to pay HD Supply Waterworks for the prescribed Project Materials and Supplies and Work as described in Exhibit A-1 and additionally for each supplemental item as proscribed. In addition, Client agrees to pay HD Supply Waterworks for the Work and Services contemplated by this Installation Contract as set forth in the Master Agreement. Payment terms shall be as follows: (a) Payment for Project Materials and Supplies. Client will make payment to HD Supply Waterworks for Project Materials and Supplies within two weeks of the receipt of an invoice for such Project Materials and Supplies (which will be invoiced no more frequently than bi-weekly. No payment shall be made for Project Materials and Supplies, however, until Client shall have issued a related Acceptance Certificate, which Client shall issue promptly following its receipt of Project Materials and Supplies. (b) Draw Schedule. This Section 3(b) [ ] shall be applicable, or [X] shall not be applicable (mark as appropriate) to this Installation Contract. If this Section 3(b) is applicable, HD Supply Waterworks shall be entitled to percentage payment for its Work and Services in accordance with the following draw schedule: Draw Schedule: Project Start Date XX/XX/XXXX % Complete XX/XX/XXXX % XX/XX/XXXX Exhibit A Page 16 of 30 #11789006_v3 2 % XX/XX/XXXX % XX/XX/XXXX No payment shall be made, however, until Client shall have issued an Acceptance Certificate with respect to such Work and Services, which Client shall issue promptly based on achievement of the draw schedule milestones set forth above. HD Supply Waterworks shall be paid for Project Materials and Supplies as set forth in Section 3(a) above. (c) No Draw Schedule. If the Parties have not agreed to a draw schedule in Section 3(b) above, Client shall pay HD Supply Waterworks for all Work and for Services as such Work and Services are performed, with HD Supply Waterworks to bill Client on a bi-weekly basis for all of the foregoing. Client will make payment for all Work and Services performed under this Installation Contract within ten (10) days after receipt of HD Supply Waterworks’ invoice for such Work and Services (which will be invoiced bi-weekly or monthly). No payment shall be made, however, until Client shall have issued an Acceptance Certificate with respect to such Work and Services, which Client shall issue promptly based on achievement of the draw schedule milestones set forth above. HD Supply Waterworks shall be paid for Project Materials and Supplies as set forth in Section 3(a) above. 4.Installation Responsibilities of HD Supply Waterworks. (a) Project Installation. HD Supply Waterworks agrees to do the Work, provide the Services, and furnish the Project Materials and Supplies in accordance with Client’s specifications that are attached to this Installation Contract during the estimated construction period listed above. HD Supply Waterworks will be responsible for installing the Project according to manufacturer standards and such local standards, if any, as are attached hereto as are described below: SEE APPENDIX A-2 HD Supply Waterworks will warrant the Project Materials and Supplies, the Work, and any other Services as provided in Section 10 of the Master Agreement. Client may elect to execute a Service Contract with HD Supply Waterworks for additional maintenance provisions. (b) Water Shutoffs. HD Supply Waterworks, its agents and subcontractors, will be responsible for shutting off the water to each meter serviced as well as notifying each customer of the water shutoff. Some assistance may be required by Client with the notification of its customers. The Installation team will knock on the doors of residential customers as well as leave notifications on their doors. In the case of large commercial customers such as: schools, hospitals, nursing homes or any other commercial customer, special efforts will be made to ensure minimum disruption to their water needs. In order to prevent any damage from running flush valves or any other plumbing fixtures that are sensitive to water shutoffs, HD Supply Waterworks will schedule replacements with these commercial customers and will notify the maintenance personnel when turning the water back on at these facilities. Regardless of any effort of HD Supply Waterworks, ultimate responsibility of any and all fixtures inside buildings will remain the responsibility of the Exhibit A Page 17 of 30 #11789006_v3 3 end user and/or Client as detailed in any Service Contract that exists between Client and its Customers. In the event that the service location lacks a curb stop (or it is defective) or there is a leak, HD Supply or its representative will contact the utility. In this event the Utility will either A) repair the defect themselves and notify HD Supply that the repair has been made or, B) exclude the respective meter change out from project. (c) Meter Boxes, Vaults, and Roadways. HD Supply Waterworks, its agents and subcontractors are responsible for repairing any damages to meter boxes, vaults, and roadways that result from the installation of the Project; provided, however, that HD Supply Waterworks shall not be liable for pre-existing conditions or leaks. HD Supply Waterworks will install new meter boxes as authorized by the Cities representative, which will be plastic boxes with lids. The Client will retain all existing water meters and materials pulled from the ground during the installation. (d) Disposal. The Client will be responsible for the disposal of all waste, debris and materials from the installation of the Project. (e) Liability. HD Supply Waterworks is responsible for any damages that occur within 3” on either side of the water meter resulting from the Project installation. Any damages incurred within this 6” area will be promptly repaired at the expense of HD Supply Waterworks. HD Supply Waterworks is not liable for damages outside the 3” zone, either on the water distribution side or on the customer side incurred from the Project installation including shutoff, temporary outage, and restart of water service. HD Supply Waterworks is not liable for any pre- existing conditions including leaks, faulty workmanship and materials from previous projects or rust. Should such conditions occur (i.e. .leaks) HD Supply Waterworks may document them and at Client’s written request repair them for a negotiated price. (f) Data Management. HD Supply Waterworks or its agents shall be required to acquire certain data as it completes the aforementioned installation work. This data shall include the previous meter reading, the current meter reading, the new meter serial number, the new register serial number and the MIU serial number. This information will be acquired and delivered to the Utility. (g) Non-Covered Work. Contracted meter change outs contemplate a standard meter change out. In the event that locations exist where conditions exist which require nonstandard work (i.e. move a service location, move fences for or other customer structures & items for access, install meters in heavy traffic locations, alleys, parking lots etc.), HD Supply and the Client will discuss pricing and work may proceed from this point or the Client may elect to excuse this work from the project. In any event where safety concerns would cause undue risk to the work Crews. 5.Responsibilities of Client during Installation. Exhibit A Page 18 of 30 #11789006_v3 4 (a) Owner-Furnished Data. Client shall provide HD Supply Waterworks all technical data in Client‘s possession, including previous reports, maps, surveys, and all other information in Client’s possession that HD Supply Waterworks informs Client’s representative is necessary as it relates to Project. Client shall be responsible for identifying the location of meters. Should HD Supply Waterworks require assistance in finding the meter location, Client shall locate the meter in a timely manner. In addition, the Client shall provide a clearly defined list of any meter sites that will be retrofitted with AMR technology, as well as assist in locating and marking these meter sites. (b) Access to Facilities and Property. Client shall make its system facilities and properties available and accessible for inspection by HD Supply Waterworks and affiliates. Client shall allow HD Supply Waterworks permission to store materials at a secure storage location on the Utility property during the tenure of the work. (c) Client Cooperation. Client support will be required during implementation of this Improvement Measure to obtain access to meter boxes/pits and to coordinate utility interruptions. Client will provide notification in its billing to its customers that HD Supply Waterworks is performing the designated work and that possible service interruption may result. Client shall cooperate with HD Supply Waterworks in integrating the Automated Meter Reading route management software with the clients billing and computer system. Any costs associated with changes to the Clients current billing software are not the responsibility of HD Supply Waterworks. Client shall cooperate with HD Supply Waterworks with regard to computer firewall access. (d) Timely Review. That Client through its designated representatives shall examine all invoices, and inspect all completed work by HD Supply Waterworks in a timely manner. In the event that a Client delay results in the lack of a progress payment disbursement, HD Supply Waterworks reserves the right to delay further work without penalty until such time as payments are made. HD Supply Waterworks further reserves all rights and options available to it under the Master Project Agreement. (e) Utility Assistance. The Utility shall assign dedicated personnel work with HD Supply Waterworks installation crews to perform duties to include any necessary field repairs such as meter box, curbstop or backflow replacements, etc., marking of meter locations and advance cleanout of meter boxes. In addition, the Client shall provide a clearly defined list of any meter sites that will be retrofitted with AMR technology, as well as assist in locating and marking these meter sites. Exhibit A Page 19 of 30 #11789006_v3 5 IN WITNESS WHEREOF, the Parties have executed this Installation Contract as of _______________________________. HD SUPPLY WATERWORKS, LTD. By: ___________________________________ Printed name: ___________________________________ Printed title: ___________________________________ CITY OF DES PLAINES By: ___________________________________ Printed name: ___________________________________ Printed title: ___________________________________ Exhibit A Page 20 of 30 1 EXHIBIT A-1 Material Procurement Summary For Installation Contract Provider: HD Supply Waterworks, Ltd. (“HD Supply Waterworks”) Client: City of Des Plaines This Material Procurement Summary is an Exhibit to and hence part of the Installation Contract contemplated by the Master Project Agreement (the “Master Agreement”), and it includes all Project Materials and Supplies to be used in connection with the Work contemplated by the Installation Contract and the Master Agreement, as the same will be identified specifically in future invoices generated by HD Supply Waterworks and attached to each Acceptance Certificate (Exhibit A-3) contained in the Installation Contract. A summary of the Project Materials and Supplies required for the Project is as follows: See Attached. * In the event that City of Des Plaines would like HD Supply Waterworks to provide additional material or work that is not specified in this contract, HD Supply Waterworks and City of Des Plaines will mutually agree on an amount before proceeding. Exhibit A Page 21 of 30 December 30, 2016 City of Des Plaines 1111 Joseph J. Schwab Road Des Plaines, IL 60016 5/8" Sensus iPERL Water Meter $105.00 ea. 3/4"S Sensus iPERL Water Meter (7 1/2"LL)$105.00 ea. 3/4" Sensus iPERL Water Meter (9"LL)$118.00 ea. 1" Sensus iPERL Water Meter $154.00 ea. $372.00 ea. $523.00 ea. $839.00 ea. $968.00 ea. $1,226.00 ea. $2,130.00 ea. $3,675.00 ea. $5,935.00 ea. $102.00 ea. $107.00 ea. $118.00 ea. $110.00 ea. $117.00 ea. $119.00 ea. $128.00 ea. $124.00 ea. $14.00 ea. $16.00 ea. $5,155.00 year United Meter Inc., if the need arises to assist you in your meter changeouts. Attn: Mr. Tim Watkins New 1 1/2" - 2" OMNI R2 Water Meters New 1 1/2" - 6" OMNI C2 Water Meters 6" Sensus OMNI C2 Water Meter 8" Sensus OMNI C2 Water Meter 2" Sensus OMNI C2 Water Meter 3" Sensus OMNI C2 Water Meter HD Supply Waterworks has provided pricing on the following Sensus water meter material firm through December 31, 2017. I have also included pricing from our authorized Sensus installation contractor, 1 1/2" Sensus OMNI C2 Water Meter 520M Dual Port, 3-Wire Pit Version 510M Dual Port, TouchCoupler 6' TRPL 3 Wire Connector 25' TRPL 3 Wire Connector 510M Single Port, 3-Wire 510M Dual Port, 3-Wire 510M Single Port, TouchCoupler 4" Sensus OMNI C2 Water Meter New 5/8"- 1" iPERL Water Meters 1 1/2" Sensus OMNI R2 Water Meter 2" Sensus OMNI R2 Water Meter 17" LL Annual Software Support Sensus Annual SAAS Fee - Water **Coverage from 1/26/17-1/25/18** 520M Single Port, TouchCoupler Pit Version 520M Single Port, 3-Wire Pit Version FlexNet SmartPoints Accessories 520M Dual Port, TouchCoupler Pit Version EXHIBIT A-1 Page 22 of 30Exhibit A $115.00 ea $257.00 ea $267.00 ea $552.00 ea $706.00 ea $1,198.00 ea $2,700.00 ea $150.00 ea $340.00 ea $340.00 ea $760.00 ea $998.00 ea $170.00 ea $180.00 ea $360.00 ea $405.00 ea $46.00 ea $259.00 ea $147.00 ea $103.00 ea $31.00 ea United Meter Inc. assumes no liability on ground wire sizing. Mark Baran Territory Manager Pit installations larger than 4" will be quoted after inspection of existing. Pricing does not include providing Payment/Performance Bond. Remove and Replace Ball Valve 1" Remove and Replace Ball Valve 2" Additional Charge to run New Wire from Meter Inside to SmartPoint Outside Freeze Water Service Line up to 1" Correct Hard Plumbed Meter with Meter Coupling per side We appreciate and trust that our product, prices and service will continue to meet with your approval. Sincerely, Replace 1 1/2" Meter and Install SmartPoint using existing wire. Replace 2" Meter and Install SmartPoint using existing wire. Replace 3" Meter and Install SmartPoint using existing wire. Replace 4" Meter and Install SmartPoint using existing wire. Additional charge per Installation to Replace 3" meter in pit. Additional charge per Installation to Replace 4" meter in pit. Remove and Replace Ball Valve 1 1/2" *** United Meter Inc. Disclosures *** Installation Rates are based on at least 12 appointments per day. Man Hour Labor to Repair and/or Replace Plumbing Installation Rates are for 'Labor Only' to replace meter with same lay length meter. Labor Only to Install Grounding Wire on 5/8" thru 1" meter Remove and Replace Ball Valve 3/4" Replace 6" Meter and Install SmartPoint using existing wire. Additional charge per Installation to Replace 5/8" thru 1" meter in pit. Additional charge per Installation to Replace 1 1/2" meter in pit. Additional charge per Installation to Replace 2" meter in pit. Replace 8" Meter and Install SmartPoint using existing wire. Replace 5/8" thru 1" Meter and Install SmartPoint using existing wire. United Meters, Inc. Installation Rates EXHIBIT A-1 Page 23 of 30Exhibit A 1 EXHIBIT A-2 Scope of Work (Sale through HD SUPPLY WATERWORKS) SmartPointModule Installation Responsibilities HD Supply Waterworks will: 1.The HD Supply Waterworks will train the installation team (Installation subcontractor included) on how to properly program / activate SmartPoint Modules on to the FlexNet system. 2.The HD Supply Waterworks will train the installer (Installation subcontractor included) to properly identify and correct any known problems in the field. This individual will be the primary contact to troubleshoot, identify and correct non reporting SmartPoint Modules and installation errors. 3.Once the installer has completed SmartPoint Module installation the HD Supply Waterworks will work with Sensus to investigate any SmartPoint Modules that have not registered on the network. The City of Des Plaines will: 1.Be responsible to purchase end points and transmitters. 2.Be responsible for quality assurance for their personnel and/or an installation contractor as it relates to proper SmartPoint Module installation. 3.On an ongoing basis, be responsible to visit and troubleshoot SmartPoint Modules that are not reporting into the system. Investigate any non-reporting SmartPoint Modules to ensure that there are no cut wires, improper installations, improper programming and resolve all data entry errors in the system. 4.Coordinate with the HD Supply Waterworks to establish a SmartPoint Module installation schedule, shipment quantities, and overall project timeline. Miscellaneous Responsibilities The City of Des Plaines will: 1.Be responsible for the payment of any taxes, renewal, regulatory or license fees associated with the network hardware and software. 2.Be responsible for applying for and purchasing any needed work permits. Exhibit A Page 24 of 30 1 Exhibit A-3 Acceptance Certificate Client under the Master Project Agreement (the “Master Agreement”) with HD Supply Waterworks hereby certifies: This Acceptance Certificate is a Partial/Final (Circle one) Acceptance Certificate delivered under the Procurement, Installation, and Management Contract (the “Installation Contract”) to which it is attached. 1.The Project Materials and Supplies listed on the attached invoice (or in the event of a final Acceptance Certificate all Project Materials and Supplies provided under the Installation Contract and the Master Agreement), have been delivered to Client. 2.Client has conducted such inspection and/or testing of the Project Materials and Supplies as it deems necessary and appropriate and hereby acknowledges that it accepts the Project Materials and Supplies for all purposes on the date indicated below. The Project Materials and Supplies have been examined and/or tested and are in good operating order and condition and are in all respects satisfactory to the undersigned and comply with the terms of the Installation Contract, subject, however, to the warranty provided in Section 10 of the Master Agreement. Acceptance by the Client shall commence the warranty period for materials and services performed through the date hereof. Client does not waive any other rights to which it would otherwise be entitled under this Agreement. 3.Based on the acceptance set forth herein, Client agrees that the Manufacturer’s Warranty Period on all water meters shall be deemed to have begun on the date when the manufacturer shipped such water meters. 4.Client has examined all Work and Services performed by HD Supply Waterworks and covered by the related invoice or draw requests and finds such Work and Services to have been performed in a workmanlike manner and in accordance with all applicable specifications. Client therefore accepts such Work and Services. Based on the acceptance set forth herein, Client agrees that the Warranty Period for the Work and Services shall end on _____________, 20__ (i.e. one year from the date hereof). 5.The following is a punch list of items left to be completed for current phase or final phase (Circle one) of the Project: Exhibit A Page 25 of 30 #11789006_v3 2 Agreed to and Accepted as of _________________, 20___ by: CITY OF DES PLAINES By: ___________________________________ Printed name: ___________________________________ Printed title: ___________________________________ Exhibit A Page 26 of 30 1 Appendix B Reserved Exhibit A Page 27 of 30 1 Appendix C Reserved Exhibit A Page 28 of 30 1 Appendix D WARRANTY The warranties on water meters included in Project Materials and Supplies, and on Work, and Services shall be as follows: 1.Project Materials and Supplies. (a)General. Water meters and equipment included in Project Materials and Supplies that Client purchases from HD Supply Waterworks are warranted by the manufacturer to be free from Manufacturers’ Defects for the period specified in the manufacturer’s warranty. A copy of the present warranty of each water meter manufacturer that will supply water meters and equipment as part of the Project Materials and Supplies is attached hereto as Exhibit D-1. The term of such manufacturer’s warranty shall be as set forth in such attached warranty (as the same may be changed from time to time during the course of the performance of the Master Agreement, but with changes to apply only to purchases of water meters occurring after the change becomes effective), but generally the start date for water meter warranties is the date of the manufacturer’s shipment of such water meter as noted in the applicable Acceptance Certificate attached to this Agreement as Exhibit A-2 (“Manufacturer’s Warranty Period”). PROJECT MATERIALS AND SUPPLIES OTHER THAN WATER METERS and EQUIPMENT ARE NOT WARRANTED EXCEPT TO THE EXTENT OF ANY APPLICABLE MANUFACTURER’S WARRANTY, IF ANY. HD SUPPLY WATERWORKS DOES NOT PROVIDE ANY SEPARATE WARRANTY FOR PROJECT MATERIALS AND SUPPLIES. (b) HD Supply Waterworks’ Responsibility. Upon any breach of the manufacturer’s warranty on a water meter noticed to HD Supply Waterworks during the applicable Manufacturer’s Warranty Period, HD Supply Waterworks’ sole responsibility shall be to cooperate with Client in arranging for the manufacturer to repair or replace any defective water meter. 2.Work and Services. (a)General. HD Supply Waterworks warrants that all Work and Services provided by HD Supply Waterworks shall be performed by HD Supply Waterworks in accordance with the standards of care and diligence practiced by recognized firms in HD Supply Waterworks' industry in performing Work of a similar nature in existence at the time of performance, with such warranty to expire one year after completion of the work or services (the “Warranty Period”). (b) Exclusive Remedy. Upon any breach of HD Supply Waterworks’ warranty as to Work or Services during the applicable Warranty Period, HD Supply Waterworks’ sole responsibility shall be to perform any corrective Work or Services necessary to bring HD Supply Waterworks’ Work and Services into compliance with such requirements. 3.DISCLAIMER OF FURTHER WARRANTIES. EXCEPT FOR THE FOREGOING EXPRESS WARRANTY, HD SUPPLY WATERWORKS DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL HD SUPPLY WATERWORKS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND. Exhibit A Page 29 of 30 1 Exhibit D-1 Manufacturers’ Warranties Attached to this Exhibit D-1 are the manufacturers’ warranties for each of the following manufacturers of water meters, which are the only brands of water meters that HD Supply Waterworks plans to use in connection with the Project. Exhibit A Page 30 of 30 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1111 Joseph J. Schwab Road Des Plaines, IL 60016 P: 847-391-5464 desplaines.org Date: December 28, 2016 To: Mike Bartholomew, MCP, LEED-AP, City Manager From: Joel Gehrett, 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: Trotter and Associates Inc. Professional Services Master Contract Approval and Approval of Task Order 1 Issue: The contract between the City and Trotter and Associates, Inc. has expired and requires renewal. In addition, we are recommending design services (Task Order 1) for upgrades at the Maple Street water plant. Analysis: Trotter and Associates, Inc. is a regional full service engineering firm specializing in municipal infrastructure development and rehabilitation. They have specialized experience with complex distribution system solutions, new facility design and existing facility retrofit design. Trotter has successfully performed work for the City on previous projects. In addition, they have been consultant to many neighboring communities and is well respected in the region for providing excellent support for engineering services. Task Order #1 includes replacement of the chlorination equipment and associated building upgrades. These upgrades are necessary to remain in compliance with IEPA standards. The cost for Task Order 1 is not to exceed $69,000. Recommendation: We recommend the Professional Services Master Contract between the City of Des Plaines and Trotter and Associates, Inc. 40W201 Wasco Road, Suite D, St. Charles IL 60175 be approved. Additionally, we recommend the approval of Task Order 1 in the amount of $69,000.00. Funding for this contract would be CIP Water/Sewer, Professional Services (580-00-000-0000.6000). Attachments: Resolution R-12-17 Exhibit A – Master Agreement Exhibit B – Task Order #1 MEMORANDUM Page 1 of 33 CITY OF DES PLAINES RESOLUTION R - 12 - 17 A RESOLUTION APPROVING A MASTER CONTRACT WITH TROTTER AND ASSOCIATES, INC., FOR PROFESSIONAL ENGINEERING SERVICES AND TASK ORDER NO. 1 FOR UPGRADES AT THE MAPLE STREET WATER PLANT. WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City desires to retain an engineering firm to perform certain professional engineering services for the City on an as needed basis ("Engineering Services"); and WHEREAS, Trotter and Associates, Inc. ("Consultant"), has performed Engineering Services for the City in the past to the City's satisfaction; and WHEREAS, the City desires to enter into a master contract with Consultant to perform Engineering Services as required by the City ("Master Contract") pursuant to task orders issued by the City in accordance with the Master Contract; and WHEREAS, the City has appropriated funds in the Capital Projects Fund for use by the Department of Public Works and Engineering during the 2017 fiscal year for the replacement of the chlorination equipment and associated building upgrades at the Maple Street water plant ("Design Services"); and WHEREAS, pursuant to Chapter 10 of Title 1 of the City Code of the City of Des Plaines and Section 7.4(E) of the City’s purchasing policy, the City Council has determined that procurement of the Engineering Services is not adapted to award by competitive bidding because the Engineering Services require a high level of professional skill and judgment; and WHEREAS, the City desires to enter into Task Order No. 1 under the Master Contract with Consultant for the performance of the Design Services in the not-to-exceed amount of $69,000.00 ("Task Order No. 1"); and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Master Contract and Task Order No. 1 with Consultant; 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. Page 2 of 33 SECTION 2: APPROVAL OF MASTER CONTRACT. The City Council hereby approves the Master Contract in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. SECTION 3: AUTHORIZATION TO EXECUTE MASTER CONTRACT. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, the final Master Contract only after receipt by the City Clerk of at least two executed copies of the final Master Contract from Consultant; provided, however, that if the City Clerk does not receive such executed copies of the final Master Contract from Consultant within 30 days after the date of adoption of this Resolution, then this authority to execute and seal the final Master Contract shall, at the option of the City Council, be null and void. SECTION 4: APPROVAL OF TASK ORDER NO. 1. The City Council hereby approves Task Order No. 1 in substantially the form attached to this Resolution as Exhibit B, and in a final form to be approved by the General Counsel. SECTION 5: AUTHORIZATION TO EXECUTE TASK ORDER NO. 1. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, final Task Order No. 1 only after receipt by the City Clerk of at least one executed copy of final Task Order No. 1 from Consultant; provided, however, that if the City Clerk does not receive one executed copy of final Task Order No. 1 from Consultant within 30 days after the date of adoption of this Resolution, then this authority to execute and seal final Task Order No. 1 shall, at the option of the City Council, be null and void. SECTION 6: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. [SIGNATURE PAGE FOLLOWS] Page 3 of 33 PASSED this ____ day of __________________, 2017. APPROVED this _____ day of ______________, 2017. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Master Contract with Trotter and Associates, Inc. and Task Order No. 1 for Engineering Services Page 4 of 33 Master Contract Between the City of Des Plaines And Trotter and Associates, Inc. For Professional Engineering Services Exhibit A Page 5 of 33 Master Contract Between the City of Des Plaines And Trotter and Associates, 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 6 of 33 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 7 of 33 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. ..................................................................................................................14 9.11 No Waiver by City. ................................................................................................14 9.12 No Third-Party Beneficiaries. ................................................................................14 9.13 Survival of Terms. .................................................................................................14 9.14 Assignments. ..........................................................................................................14 9.15 Amendments. .........................................................................................................14 9.16 Governing Law. .....................................................................................................15 9.17 Compliance with Laws, Grant Regulations. ..........................................................15 9.18 Representation of No Conflicts. .............................................................................15 9.19 No Collusion. .........................................................................................................15 Exhibit A Page 8 of 33 Master Contract Between The City of Des Plaines And Trotter and Associates, Inc. For Professional Engineering Services This contract (the “Master Contract”) is dated as of January 17, 2017 (the “Effective Date”) and is by and between the City of Des Plaines (the “City”) and Trotter and Associates, 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 $20,000 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, 2020 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 9 of 33 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 10 of 33 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 11 of 33 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 12 of 33 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 13 of 33 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 $20,000 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 14 of 33 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 15 of 33 (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 16 of 33 (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 17 of 33 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 18 of 33 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 19 of 33 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 20 of 33 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. Exhibit A Page 21 of 33 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 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: Trotter and Associates, Inc. Trotter and Associates, Inc. 40W201 Wasco Road Suite D 40W201 Wasco Road Suite D St. Charles, IL 60175 St. Charles, IL 60175 Attn: Mark Sikora, P.E. Attn: Robert Benson, P.E. 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. Exhibit A Page 22 of 33 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 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 Trotter and Associates, Inc. By: ______________________________ By: ______________________________ Name: ______________________________ Name: Mark R. Sikora, P.E. Title: ___City Manager ________________ Title: Vice President Exhibit A Page 23 of 33 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 ___: 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 24 of 33 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 $[20,000], 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 25 of 33 Exhibit A Page 26 of 33 Exhibit A Page 27 of 33 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 28 of 33 CITY CONSULTANT _______________________________ __________________________________ Signature Signature Director of Public Works Trotter and Associates, Inc And Engineering Mark R. Sikora, P.E. ____________________, 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 $[20,000], 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 29 of 33 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY bradtrotterassoc@comcast.net X X x 10000 X x 2000000 X 3/11/16 3/11/17A Jacqui Fenoglio HARTFORD ACCIDENT AND INDEMNITY COMPANY x x X Trotter Associates In 5000000 5000000 83WECRX8614A x 3/11/16 N 3/11/17 395 S. Broadway 60175 Coal City, IL 60416 IL City of Des Plaines Public Works and Engineering Dept 1420 Miner St Des Plaines IL 60016 Attn Director of Public Works and Engineering The City and its officials, employees, agents, and representatives must be covered as additional insured per form CG2010 as respects: liability arising out of the Consultant™s work, including without limitation activities performed by or on behalf of the Consultant and automobiles owned, leased, hired, or borrowed by the Consultant. Coverage must contain no special limitations on the scope of protection afforded to the City or its officials, employees, agents, and representatives. Insureds coverage is primary. 1000000 1000000 1000000 40W201 Wasco Road, Suite D 815 634 3700 12/16/2016 815 634 3737 83SBAFV7857 3/11/1683SBAFV7857 3/11/17A 5,000Med Pay X A 10000 x x Brad Trotter & Associates 1000000 1000000 1000000 2000000 3/11/1683UECPF0515 St. Charles 10000003/11/17 x Exhibit A Page 30 of 33 CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCUR CLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY) LIMITS WC STATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADDL WVDSUBR N / A $ $ (Ea accident) (Per accident) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 12/15/2016 Wine Sergi Insurance1000 E. Warrenville RoadSuite 101Naperville IL 60563 Trotter and Associates, Inc.40W201 Wasco Road, Suite DSt. Charles IL 60175 Crum & Forster 630-513-6600 630-513-6399 christinec@winesergi.com TROAS01 247333760 A Professional Liability PKC102390 4/7/2016 4/7/2017 AggregateOccurrence $3,000,000$3,000,000 City of Des PlainesPublic Works and Engineering Department1420 Miner StreetDes Plaines IL 60016 Exhibit A Page 31 of 33 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 January 17, 2017 between the City of Des Plaines (the “City”) and Trotter and Associates, Inc. (the “Consultant”), the Parties agree to the following Task Number 1: 1. Contracted Services: Engineering Services for Maple St. Pumping Station and Reservoir Gas Chlorination System Improvements consisting of a two-feed gas chlorination system, chlorine booster pumps systems, cylinder scales, scrubbers, ventilation systems, and controls modifications as required to implement the desired improvements. The system shall be generally similar to the system in place at the Central Road Pump Station. 2. Project Schedule: Assuming February 7 start: Preliminary design (50%) plans and specifications submitted to City 45 days after direction to proceed (March 24, 2017 +/-). Semi Final design (95%) plans and specifications submitted to City 45 days after receipt of preliminary design comments (May 23, 2017 +/-). Final Design Plans and Specifications complete and ready for bid 15 days after receipt of final comments (June 21, 2017 +/-). 3. Project Completion Date: All Contracted Services must be completed on or before: April 17, 2018 4. Project Specific Pricing (if applicable): • Design: For design phase services our compensation shall be Time and Material not to exceed $45,000.00. • Bidding: For Bidding phase services our compensation shall be Time and Material not to exceed $6,500.00. • Construction Phase Services: (part time), our compensation shall be Time and Material not to exceed $17,500.00. • Reimbursables: Per the attached schedule 5. Additional Changes to the Master Contract (if applicable): Outside services, if any, will be passed through to the City without markup. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED [signature page follows] Exhibit B Page 32 of 33 City of Des Plaines Professional Services Master Contract Professional Engineering Services -2- CITY CONSULTANT _______________________________ __________________________________ Signature Signature Director of Public Works And Engineering Mark R Sikora, P.E. ____________________, 20____ January 17, 2017 Date If greater than, $[2,500], the City Manager’s signature is required. ______________________________________ Signature City Manager ____________________, 20____ Date If compensation greater than $[20,000], 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 B Page 33 of 33 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1111 Joseph J. Schwab Road Des Plaines, IL 60016 P: 847.391.5464 desplaines.org Date: December 21, 2016 To: Mike Bartholomew, MCP, LEED-AP, City Manager From: Tom Bueser, Superintendent of General Services Joel Gehrett, 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: Advertise for Bid – 2017 Restoration and Planting with Installation Contract Issue: Specifications for the 2017 Restoration and Planting with Installation service contract has been completed and the project will need to be advertised for bid. Analysis: Various parkways throughout the City require restoration due to excavation of water main breaks, sewer repairs, tree stump removals and snow plow damage. This work is required throughout the year on an as needed basis. Included in this year’s contract will be the purchase and installation costs for various planting projects/improvements throughout the City as needed. Recommendation: We recommend the 2017 Restoration and Planting with Installation contract be advertised for bid. Source of funding will be the Water and General Funds. A bid opening date of February 9, 2017 is proposed. MEMORANDUM Page 1 of 1 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1111 Joseph J. Schwab Road Des Plaines, IL 60016 P: 847.391.5464 desplaines.org Date: December 21, 2016 To: Mike Bartholomew, MCP, LEED-AP, City Manager From: Tom Bueser, Superintendent of General Services Timothy Watkins, Assistant Director of Public Works and Engineering Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Subject: Advertise for Bid – Fertilizer and Weed Control Application Issue: The 2017 Budget includes funding to perform weed control and fertilizer applications at various locations throughout the City. Analysis: This contract will carry a three (3) year term and require a vendor to apply: •Broadleaf weed control to all sites and fertilizer to selected high profile sites such as main arterial roads, fire stations, and the TIF 1 District. •Growth regulator applications at retention areas. •Riverwalk treatment application and special project items. Recommendation: We recommend the 2017-2019 Fertilizer and Weed Application contract be advertised for bid. A bid opening date of February 9, 2017 is proposed. MEMORANDUM Page 1 of 1 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5301 desplaines.org Date: December 16, 2016 To: Honorable Aldermen From: Matthew J. Bogusz, Local Liquor Commissioner Cc: Vickie Baumann, Secretary/Licensing Division Subject: Liquor License Request for a New License Increase Attached please find a Liquor License request for the following applicant: Maraca’s Club Inc 959 S Elmhurst Rd Class A – Tavern seats 250 or less (consumption on premises) Increase from 30 to 31 The complete application packet is on file in the Community and Economic Development Department. The required posting will be completed on January 3, 2017 and all necessary fees have been secured. This request will come before you on the Consent Agenda of the City Council meeting of Tuesday January 3, 2017. Matthew J. Bogusz Mayor Local Liquor Commissioner Attachments: Ordinance Application Packet 1 CITY OF DES PLAINES ORDINANCE M - 1 - 17 AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS A LIQUOR LICENSE. ______ WHEREAS, Maraca’s Club, Inc. ("Applicant"), submitted an application to the Department of Community and Economic Development for a new Class A (Tavern) liquor license for the premises located at 959 S. Elmhurst Rd, Des Plaines, Illinois ("Premises"), pursuant to Chapter 4 of Title 4 of the Des Plaines City Code ("City Code"); and WHEREAS, the City desires to issue one Class A liquor license to the Applicant for the Premises; and WHEREAS, the City Council has determined that it is in the best interest of the City to grant the Applicant a Class A liquor license for the Premises; NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as the findings of the City Council. SECTION 2: APPROVAL OF LIQUOR LICENSE. The City Council hereby grants the Applicant a Class A Liquor License for the Premises. SECTION 3: FEE SCHEDULE. Section 1, titled “Fee Schedule,” of Chapter 18, titled "Schedule of Fees," of Title 4, titled “Business Regulations,” of the City Code is hereby amended further to read as follows: 4-18-1: FEE SCHEDULE: Section Fee Description Number Term Fee New 4-4-5A License Fees and Number Class Number Term Initial Fee Annual Fee Class A 3031 Annual $3,850.00 $1,925.00 [The remainder of the Fee Schedule is unchanged.] 2 SECTION 4: SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. SECTION 5: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form according to law. PASSED this _____day of ____________, 2017. A P P R O V E D this _____ day of ____________, 2017. V O T E : AYES _____ NAYS _____ ABSENT ______ M A Y O R ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2017. C I T Y C L E R K P e t e r M . F r i e d m a n , G e n e r a l C o u n s e l [Deleted text is struck through; inserted text is bold and double underlined.] DP-Ordinance Add One Class A Liquor License for Maraca’s Club Inc. 959 S Elmhurst Rd 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org Date: January 5, 2017 To: Michael G. Bartholomew, City Manager From: Dorothy Wisniewski, Assistant City Manager/Director of Finance Subject: Resolution R-14-17, January 17, 2017 Warrant Register Recommendation: I recommend that the City Council approve the January 17, 2017 Warrant Register Resolution R-14-17. Warrant Register……………………………$2,242,807.14 Estimated General Fund Balance Balance as of 11/30/2016: $22,454,110 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 23 CITY OF DES PLAINES RESOLUTION R-14-17 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. January 17, 2017 Page 2 of 23 Line # 1 4160 6552 Kassaraba, Andrew Refund 12/28/16 Refund of Real Estate Transfer Tax 340.00 2 4160 6553 Scheffler, Gerard Refund 12/28/16 Refund of Real Estate Transfer Tax 480.00 3 4400 6536 Jais, Joseph 2016-01100167 Sewer Permit Refund Issued 11/17/2016 300.00 4 4630 6550 Schellenberger, Eugene 16-0028024 Medical Reimbursement for DOS 07/18/2016 93.27 5 4631 1459 Blue Cross Blue Shield of Illinois 16-0014807 Medical Reimbursement for DOS 04/16/2016 157.34 6 4631 5106 United Health Care 16-0041141 Medical Reimbursement for DOS 10/13/2016 377.00 7 4750 1201 Sprint 1420 Miner Ref Refund of Prepaid Rent on 1420 Miner Street Lease 32,598.36 34,345.97 8 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 (3.90) 9 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 647.68 643.78 10 6000 1210 Sterling Codifiers 18586 2017 Hosting Fee for City Code on Website 500.00 11 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 62.62 562.62 1,206.40 12 6009 1073 Bartel, Raymond 16-24 Legal Services 12/15- 12/22/2016 1,910.00 13 6120 1139 Cook County of Illinois 29011302016 Recording Fees-License Agreements, Liens & Declaration 11/14 & 11/30 222.00 2,132.00 14 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 38.01 15 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 228.06 Division: 230 - Information Technology Communication Services Communication Services City Administration Division: 220 - Legal Legal Fees - Admin Recording Fees Total 220 - Legal Professional Services Communication Services Total 120 - City Clerk Total 10 - Elected Office Division: 110 - Legislative Communication Services Communication Services Total 110 - Legislative Division: 120 - City Clerk Nonresident Ambulance Fees Nonresident Ambulance Fees Rental Income Total 00 - Non Departmental Elected Office Fund: 100 - General Fund Department: 00 - Non Departmental Real Estate Transfer Tax Real Estate Transfer Tax Building Permits Resident Ambulance Fees City of Des Plaines Warrant Register 01/17/2017 Account Vendor Invoice Invoice Description Amount Page 3 of 23 Line # City of Des Plaines Warrant Register 01/17/2017 Account Vendor Invoice Invoice Description Amount 16 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 49.64 17 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 481.66 18 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 38.01 19 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 400.14 1,235.52 20 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 62.62 21 7000 1220 Runco Office Supply 670301-0 3 Packs of Photo Paper 72.12 134.74 22 5315 3600 Rogers, Edward TRP 2016 Fall Tuition Reimbursement for Fall 2016 Courses 1,539.00 23 7000 1220 Runco Office Supply 670182-0 4 Binders & 1 Calendar 21.12 24 7000 1220 Runco Office Supply 670182-1 1 Calendar 17.48 25 7000 1220 Runco Office Supply 670408-0 12 Binders & 1 Pair of Scissors 65.75 1,643.35 26 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 62.62 27 6530 1070 Park Ridge Taxi & Livery LTD 00002344 Subsidized Taxi Voucher Program November 2016 M- 12-11 54.40 28 6535 1076 Sam's Club Direct 000000 GLVITE Youth Commission 12/19/2016 "Pay It Forward" Supplies 49.34 29 6535 1514 Chicago Mercantile Exchange Inc 1330 38 Youth Commission T-Shirts 174.02 30 6535 1514 Chicago Mercantile Exchange Inc 1332 15 Youth Commission Signs 75.00 31 6550 1070 Park Ridge Taxi & Livery LTD 00002344 Subsidized Taxi Voucher Program November 2016 M- 12-11 1,089.00 32 6550 3344 Taxi One of Des Plaines Inc 39 Subsidized taxi Voucher Program November 2016 M- 12-11 117.00 1,621.38 6,766.99Total 20 - City Administration Finance Subsidy - Youth Commission Subsidy - Youth Commission Subsidy - Youth Commission Subsidy - Senior Citizen Cab Service Subsidy - Senior Citizen Cab Service Total 260 - Health & Human Services Office Supplies Total 250 - Human Resources Division: 260 - Health & Human Services Communication Services Subsidy - Community Outreach Total 240 - Media Services Division: 250 - Human Resources Tuition Reimbursements Office Supplies Office Supplies Communication Services Total 230 - Information Technology Division: 240 - Media Services Communication Services Office Supplies Communication Services Communication Services Communication Services Page 4 of 23 Line # City of Des Plaines Warrant Register 01/17/2017 Account Vendor Invoice Invoice Description Amount 33 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 90.50 34 6110 1233 Press Tech Inc 39507 7K Envelopes (Return & Window Type) 859.00 35 7000 1644 Warehouse Direct Inc 3308629-0 4 Lamps, 1 Hand Vac, 4 Desk Pads, Organizer, Etc 403.25 36 7000 1644 Warehouse Direct Inc 3309976-0 1 Wipe Erase Board and 1 Cork Board 123.91 37 7000 1644 Warehouse Direct Inc 3311796-0 1 Carton of Letter Size Storage Boxes 64.45 38 7000 1644 Warehouse Direct Inc 3313012-0 1 Carton of Legal Size Storage Boxes 74.13 39 7000 1644 Warehouse Direct Inc C3308629-0 Return of 1 Wipe Board & 1 Cork Board (123.91) 40 7320 1644 Warehouse Direct Inc 3308629-0 4 Lamps, 1 Hand Vac, 4 Desk Pads, Organizer, Etc 247.41 41 7320 1644 Warehouse Direct Inc 3315449-0 2 Chairmats 251.26 42 7320 6532 Crowd Control Warehouse 62947 6 Belt Barriers and Sign Adapter for Cashier Area 1,243.00 3,233.00 43 6000 3309 Elevator Inspection Services Inc 64737 Two Elevator Inspections 12/08/2016 150.00 44 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 538.97 45 6105 1370 Microsystems Inc I000075852 Scan Years 1941-1995 Plans/Permits-Str Names Ltrs O-P 11/3-12/16 2,619.57 46 6110 1233 Press Tech Inc 39577 1 Box of Business Cards 20.00 47 7000 1066 Office Depot 887341732001 Post-It Notes, Tabs, Whiteout 54.38 48 7000 1066 Office Depot 887341927001 Wall Calendar 8.63 49 7000 1066 Office Depot 888624511001 Two Cases of Copy Paper 39.50 50 7000 1066 Office Depot 888624603001 1 New "Date Received" Stamp 76.49 51 7000 1066 Office Depot 888924126001 1 Wrist Rest/Mouse Pad 14.95 52 7320 1066 Office Depot 888924216001 1 Printing Calculator 37.99 53 7320 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 237.48 3,797.96 Division: 420 - Planning & Zoning Office Supplies Office Supplies Office Supplies Equipment < $5,000 Equipment < $5,000 Total 410 - Building & Code Enforcement Professional Services Communication Services Records Preservation Printing Services Office Supplies Office Supplies Equipment < $5,000 Equipment < $5,000 Total 30 - Finance Community Development Division: 410 - Building & Code Enforcement Office Supplies Office Supplies Office Supplies Office Supplies Office Supplies Equipment < $5,000 Communication Services Printing Services Page 5 of 23 Line # City of Des Plaines Warrant Register 01/17/2017 Account Vendor Invoice Invoice Description Amount 54 6195 4070 Cerabona, Gale M 64 Planning and Zoning Board Meeting Minutes 12/13/2016 81.25 55 7000 1066 Office Depot 888624511001 Two Cases of Copy Paper 39.50 120.75 3,918.71 56 5320 4281 Watkins, Timothy Reimb 12/20/2016 Reimb for AWWA Monthly Meeting Fee 12/20/2016 - Asst Dir of PW 40.00 57 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 121.71 58 6025 1172 Third Millennium Associates Inc 20172 Utility Bill Rendering 12/14/2016 498.45 59 7500 1172 Third Millennium Associates Inc 20172 Utility Bill Rendering 12/14/2016 21.04 681.20 60 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 427.13 61 6110 1106 Chromatech Printing Inc 7266/24563 Printing Floodplain Protection Letters 12/02/2016 1,596.00 62 7000 1066 Office Depot 886307076001 1-2017 Wall Calendar 8.63 63 7200 2314 Kara Co Inc 324183 15-Field Books, 5-Measuring Tapes & Wheels 165.96 64 7200 1644 Warehouse Direct Inc C3298869-0 5 - Field Diaries Returned- Wrong Size (168.84) 2,028.88 65 6195 1060 Municipal GIS Partners Inc 3385 GIS Staffing and Services 12/01-12/31/2016 15,783.11 15,783.11 66 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 455.78 67 6195 5139 All Cleaners Incorporated 121616-Desplain-Sidewalk Snow Removal & De- icing 12/16 & 12/17/2016 260.00 68 6195 5139 All Cleaners Incorporated 121716-Desplain-Sidewalk Snow Removal & De- icing - 12/17 & 12/18/2016 200.00 69 6195 5139 All Cleaners Incorporated 121816-Desplain-Sidewalk Snow Removal & De- Icing - 12/18/2016 260.00 Miscellaneous Contractual Miscellaneous Contractual Services Miscellaneous Contractual Division: 520 - Geographic Information Systems Miscellaneous Contractual Total 520 - Geographic Information Systems Division: 530 - Street Maintenance Communication Services Printing Services Office Supplies Other Supplies Other Supplies Total 510 - Engineering Administrative Services Postage & Parcel Total 100 - Administration Division: 510 - Engineering Communication Services Total 40 - Community Development Public Works & Engineering Division: 100 - Administration Conferences Communication Services Miscellaneous Contractual Services Office Supplies Total 420 - Planning & Zoning Page 6 of 23 Line # City of Des Plaines Warrant Register 01/17/2017 Account Vendor Invoice Invoice Description Amount 70 6195 5139 All Cleaners Incorporated 122316- Desplaine Sidewalk De-icing 12/23 - 12/24/2016 60.00 71 6195 3361 G&L Contractors Inc 27486 Snow Plowing - 12/04, 12/10- 12/12/2016 17,640.00 72 6325 1044 H&H Electric Co 27224 Streetlight Repair - River & Algonquin - 12/02/2016 290.00 73 7020 1703 Prosafety Inc 2/832050 2 Pairs of Gloves 25.90 74 7030 2287 Kron, Frank Reimb 12/13/16 2016 Tool Allowance 425.00 75 7035 1043 WW Grainger Inc 9307442831 Calcium Chloride Pump - PW 1,050.60 76 7055 1086 Arrow Road Construction 62158MB 2.09 Tons Asphalt - 12/15/2016 161.07 77 7055 1086 Arrow Road Construction 62164MB 2.31 Tons Asphalt - 12/16/2016 178.03 78 7055 1086 Arrow Road Construction 62171MB 2.36 Tons of Hot Mix Asphalt - Pothole Patch 12/20/2016 181.88 79 7055 1174 3M Company SS42330 1 Roll of Sign Material 539.64 80 7055 1174 3M Company SS42332 1 Roll of White Sign Material 1,593.75 81 7160 1194 Sicalco LTD 66004 3,985 Gals Calcium Chloride Delivered 12/20/2016 2,424.08 25,745.73 82 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 217.92 83 6115 6539 Gould, Alec J Reimb 11/01/2016 CDL Reimbursement - Expires 07/28/2020 30.00 84 6135 6408 NES Rentals 58644801 Rental Lift - Monopole Install - 09/13 - 09/20/2016 2,520.87 85 6135 6408 NES Rentals 62297601 Credit - Overcharge for Rental 12/20/2016 (695.00) 86 6145 5343 ABC Commercial Inc 2016-12-21 Custodial Services - December 2016 4,424.70 87 6195 1029 Cintas #22 022405765 Mat Rental - City Hall/Metra Station - 12/14/2016 290.03 88 6195 1029 Cintas #22 022408834 Mat Rental - City Hall 12/21/2016 218.87 89 6195 6420 International Exterminator Company Inc 12-427 Pest Control - Police Dept. - 09/16/2016 187.00 90 6195 6420 International Exterminator Company Inc 12-428 Pest Control - Police Dept. - 10/14/2016 138.00 91 6195 6420 International Exterminator Company Inc 12-429 Pest Control - Police Dept. - 11/11/2016 112.00 Miscellaneous Contractual Miscellaneous Contractual Services Miscellaneous Contractual Services Miscellaneous Contractual Services Communication Services Licensing/Titles Rentals - Equipment Rentals - Equipment Custodial Services Miscellaneous Contractual Street Sign Street Sign Supplies Ice Control Total 530 - Street Maintenance Division: 535 - Facilities & Grounds Maintenance Supplies - Safety Supplies - Tools Supplies - Equipment R&M Supplies - Street R&M Supplies - Street R&M Supplies - Street R&M Miscellaneous Contractual Miscellaneous Contractual R&M Street Lights Page 7 of 23 Line # City of Des Plaines Warrant Register 01/17/2017 Account Vendor Invoice Invoice Description Amount 92 6195 6420 International Exterminator Company Inc 12-431 Pest Control - City Hall - 11/08/2016 292.00 93 6315 1025 Bedco Inc 093826 Service Call - No Heat Fire Station 63 - 12/10/2016 600.00 94 6315 1025 Bedco Inc 093848 Repair Heater - Fire Station 63 - 12/14/2016 360.00 95 6315 1025 Bedco Inc 093849 Service Call Basement Heat - City Hall - 12/13/2016 360.00 96 6315 1025 Bedco Inc 093853 Service Call for Heat - City Hall - 12/16/2016 165.00 97 6315 1277 Overhead Door Solutions Inc 11089 Service Call - Fire Station 63 11/16, 12/01, 12/05/2016 2,290.00 98 6315 1237 Pro-Line Door Systems Inc 77886 Emergency Door Repair at Fire Station #61 on 09/30/2016 2,879.00 99 6315 5698 Doors Done Right Inc 8239 8457 Door Repair - City Hall - 12/232016 445.00 100 6315 5698 Doors Done Right Inc 8425 Door Removal and Install - Food Pantry 12/16/2016 3,400.00 101 7025 1029 Cintas #22 022405766 Soap, Degreaser, Hand Towels, Toilet Paper - PW 202.87 102 7025 1029 Cintas #22 022408832 Soap, Paper Towels, Toilet Paper, Air Freshener - PW 129.10 103 7045 2480 Just Faucets 172618 Gasket with Washers, Slip - City Hall 9.25 104 7045 1047 Home Depot Credit Svcs 5583211 Tile Sample - City Hall 16.96 105 7045 1047 Home Depot Credit Svcs 8010131 6 Spools Wire Various Colors, Conduit & 2 Couplings-PW Improv 290.77 106 7045 1057 Menard Incorporated 85819 Duplex Electric Cover - City Hall 5.76 107 7045 1057 Menard Incorporated 85835 Insulation, Pipe Wrap, Joint Tape - City Hall Lunchroom 51.68 108 7045 1057 Menard Incorporated 86668 Grommet Kit and Grommets for Flag - Police Dept 8.98 109 7045 1057 Menard Incorporated 87651 Screen Door-Station 63 363.37 110 7045 1057 Menard Incorporated 87708 2 Toilet Paper Kits 3.46 111 7045 1043 WW Grainger Inc 9308655555 Coffee Maker Part - Police Dept 2.49 112 7140 1033 ComEd 0459113083- 12/16 Electricity Service 11/11- 12/13/2016 13,035.99 113 7320 1057 Menard Incorporated 87448 Humidifier - PW 169.99 114 7320 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 237.48 Electricity Equipment < $5,000 Equipment < $5,000 City Hall City Hall Public Works Fire Station #63 City Hall Police Other Supplies - Custodial Supplies - Custodial City Hall City Hall Public Works Other City Hall City Hall Fire Station #63 Fire Station #61 City Hall Miscellaneous Contractual Services Other Page 8 of 23 Line # City of Des Plaines Warrant Register 01/17/2017 Account Vendor Invoice Invoice Description Amount 32,763.54 115 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 118.21 116 6135 1029 Cintas #22 022404172 Fleet Mechanic Uniform Rental - 12/12/2016 117.25 117 6135 1029 Cintas #22 022407256 Fleet Mechanic Uniform Rental - 12/19/2016 127.60 118 6195 1741 Praxair Distribution Inc 75527412 Rental of Acetylene and Oxygen Tanks - 12/22/2016 449.71 119 6305 1203 Standard Industrial & Automotive Equipment Inc 24494 Service Call to Repair Truck Lift - 12/16/2016 701.50 120 7030 6224 Bumper to Bumper 408-1054838 Battery Pack - PW Shop Tool 168.89 121 7030 6224 Bumper to Bumper 408-1054949 Booster Pack - PW Shop Tool 119.95 122 7030 2012 Gard Specialists Co Inc 99364 25 Roll Disks - PW Fleet 92.25 123 7030 4868 Hunt, Woody R Reimb 2016 2016 Tool Reimbursement 425.00 124 7040 5035 Northwest Trucks Inc 01P417421 2 Control Valve Arm Assemblies - PW 5092/5090 45.62 125 7040 5035 Northwest Trucks Inc 01P417541 Stabilizer Links, Nuts, Bushings, and Washers - Fire 7703 284.64 126 7040 5638 Castle Chevrolet North 108586 2 Fuel Lines - IT 2004 124.93 127 7040 5638 Castle Chevrolet North 108673 Window Regulator and 2 Nuts - Police 6912 144.55 128 7040 1078 Acme Truck Brake & Supply Co 1263510136 (4) 2.5 Gals Exhaust Fluid - PW 5089/5090/5091/5042 50.68 129 7040 1078 Acme Truck Brake & Supply Co 1263560103 Cable, Air Dryer, Drain Valve, Check Valve, Fittings - Fire 7602 900.91 130 7040 6244 Valvoline LLC 131777204 16 Cases Windshield Washer Solvent & 4 Cases of Oil - Stock 242.00 131 7040 1071 Pomp's Tire Service Inc 280065542 2 Steer Tires - PW Stock 751.96 132 7040 4280 Rush Truck Centers of Illinois Inc 3004832024 ABS Brake Ring - PW 5079 21.82 133 7040 4280 Rush Truck Centers of Illinois Inc 3004904328 Fuel Pump Primer Kit - PW 5051 129.86 134 7040 6224 Bumper to Bumper 408-1050284 2 Horn Ball Bearings - Fire 7601 146.85 135 7040 6224 Bumper to Bumper 408-1053019 2 Cases Fuel Additive - Fire 7509 192.00 136 7040 6224 Bumper to Bumper 408-1053920 2 Plow Lights - PW 5077/Stock 199.90 Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Tools & Hardware Supplies - Tools & Hardware Supplies - Tools Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle R&M Communication Services Rentals - Uniforms Rentals - Uniforms Miscellaneous Contractual R&M Equipment Supplies - Tools Total 535 - Facilities & Grounds Maintenance Division: 540 - Vehicle Maintenance Page 9 of 23 Line # City of Des Plaines Warrant Register 01/17/2017 Account Vendor Invoice Invoice Description Amount 137 7040 6224 Bumper to Bumper 408-1054456 2 Rotors, Brake Pads, Trans Fluid, Oil - Police 6002 249.13 138 7040 6224 Bumper to Bumper 408-1054742 Snowplow Light Kit - PW Stock 99.95 139 7040 6224 Bumper to Bumper 408-1054929 Pigtail and Socket - PW 5080 10.89 140 7040 1643 Golf Mill Ford 409554P Fuel Cap Housing - Police 6012 70.86 141 7040 1643 Golf Mill Ford 409620P Shifter Cable - Police 6056 32.58 142 7040 1643 Golf Mill Ford 410270P Side Steps - PW 5044 319.20 143 7040 1071 Pomp's Tire Service Inc 410434392 2 Tires - Fire 7703 807.16 144 7040 4328 Batteries Plus Bulbs 490-103498-01 (3) 12V Batteries - Fire 7502/Stock 266.75 145 7040 1053 Kimball Midwest 5316761 12 Hydraulic Fittings, 350 Cable Ties - PW Stock 225.95 146 7040 1053 Kimball Midwest 5316842 600 Washers, Bolts, Fuses, Electrical Tape & Connectors - PW 216.34 147 7040 1053 Kimball Midwest 5326175 Plow Bolts, Hydraulic Fittings, Hydraulic Hose - PW Stock 703.35 148 7040 5731 Advance Auto Parts 6027635074021 Filters: 9 Fuel, 5 Air & 3 Oil - PW Stock 234.96 149 7040 5731 Advance Auto Parts 6027635634500 12 Gallons of Antifreeze - PW 5091/5090/5092 56.88 150 7040 5731 Advance Auto Parts 6027635720393 2 Hydraulic, 2 Air, 2 Fuel Filters - PW 5005 110.66 151 7040 1670 Arlington Power Equipment Inc 708704 Guard Tube, Drive Mount, Spinner Motor & Hub & Couplings-PW 5067 1,508.83 152 7040 1057 Menard Incorporated 87314 3 Tubs Wax, Glass Cleaner, Clorox & Protective Wipes - PW 32.24 153 7040 1057 Menard Incorporated 87560 300 Wire Ties - PW 11.91 154 7040 1057 Menard Incorporated 87658 Grip Tape, Nozzles - PW 43.38 155 7040 2170 Tennant Sales & Service Co 914272417 Hood Hinge - PW 5019 69.65 156 7040 2170 Tennant Sales & Service Co 914287434 Returned Hood Hinge - PW 5019 (68.41) 157 7040 1526 Global Emergency Products Inc AG53245 Seat Cushion - Fire 7801 411.18 158 7040 1575 Pirtek O'Hare S2402840.001 Hydraulic Hose Assembly - PW 5037 81.77 159 7040 1575 Pirtek O'Hare S2407732.001 3 Pressure Washer Hoses - PW 5PW1 273.90 Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle Supplies - Vehicle R&M Supplies - Vehicle Supplies - Vehicle Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle R&M Page 10 of 23 Line # City of Des Plaines Warrant Register 01/17/2017 Account Vendor Invoice Invoice Description Amount 160 7120 1417 Petroleum Traders Corp 1083868 5,003 Gallons of Gasoline Delivered 12/20/2016 7,610.41 161 7130 1417 Petroleum Traders Corp 1083869 3,000 Gallons of Diesel Fuel - Delivered 12/20/2016 5,325.75 162 7320 1609 Harbor Freight Tools USA Inc 783910 Floor Jack for Mounting Snow Plows - PW 99.99 24,361.34 101,363.80 163 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 257.90 164 7320 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 237.48 495.38 165 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 1,658.73 166 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 136.83 167 7320 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 237.48 2,033.04 168 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 1,418.56 169 7320 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 237.48 1,656.04 170 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 563.58 171 7320 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 237.48 801.06 4,985.52 Total 630 - Support Services Total 60 - Police Department Department: 65 - Emergency Management Agency Equipment < $5,000 Total 620 - Criminal Investigation Division: 630 - Support Services Communication Services Equipment < $5,000 Communication Services Equipment < $5,000 Total 610 - Uniformed Patrol Division: 620 - Criminal Investigation Communication Services Communication Services Equipment < $5,000 Total 100 - Administration Division: 610 - Uniformed Patrol Communication Services Total 540 - Vehicle Maintenance Total 50 - Public Works & Engineering Police Department Division: 100 - Administration Gasoline Diesel Equipment < $5,000 Page 11 of 23 Line # City of Des Plaines Warrant Register 01/17/2017 Account Vendor Invoice Invoice Description Amount 172 5325 3429 Carroll, Beverly S EMDC 16-4 Training Services Dec 2016- Mandated NIMS for Employees 2,100.00 173 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 346.82 174 7200 1047 Home Depot Credit Svcs 6030772 12 Dz Hand Warners/4 100 Feet Ropes/2 Ice Coolers 319.81 175 7300 1489 JG Uniforms Inc 12151 13 Pair of Uniform Pants & 5 Polo Shirts 558.00 176 8010 1389 Garvey's Office Products Inc PINV1262478 1 File Cabinet 582.82 3,907.45 177 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 270.48 178 6110 1233 Press Tech Inc 39523 1 Box of Business Cards 20.00 290.48 179 5325 2417 Orland Fire Protection District 10775 Blue Card Class 12/05- 12/07/2016 - 1 Paramedic 410.00 180 5330 1267 Northwest Community Hospital E170007 In-Station Con't Ed Classes & Admin Fee for Aug-Oct 2016 3,338.00 181 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 741.98 182 6305 1080 Air One Equipment Inc 118665 8 SCBA Cylinder Hydrotests 12/21/2016 248.50 183 7035 2240 United Radio Communications 204000584-1 10 Acoustic Tube Earpiece for Radios 252.00 184 7035 1003 AFC International Inc 48463 SCBA Bottle Parts-O-Rings, Valves, Stems, Gauge Assys 397.18 185 7035 1047 Home Depot Credit Svcs 5132685 Misc Equipment Improvement Parts for Sta 63 256.32 186 7200 1076 Sam's Club Direct 7479 10 Cases Water for Fire Trucks 29.90 187 7200 3297 Bound Tree Medical LLC 82352377 1 Oxygen Bag & 1 EMS Bag 321.98 188 7200 3297 Bound Tree Medical LLC 82357158 1 Trauma Bag 369.99 189 7200 1571 Welding Industrial Supply R 2008917 15 Oxygen Cylinders-Nov 2016 177.93 190 7300 1080 Air One Equipment Inc 118625P 1 Pair Ultimate Power FF Boots - 1 Paramedic 396.00 191 7300 1080 Air One Equipment Inc 118664 4 Black & 2 White Helmet Shields 1,380.00 Uniforms Uniforms Supplies - Equipment R&M Supplies - Equipment R&M Other Supplies Other Supplies Other Supplies Other Supplies Division: 710 - Emergency Services Training In-Service Training Communication Services R&M Equipment Supplies - Equipment R&M Fire Department Division: 100 - Administration Communication Services Printing Services Total 100 - Administration Communication Services Other Supplies Uniforms Furniture & Fixtures Total 65 - Emergency Management Agency Training Page 12 of 23 Line # City of Des Plaines Warrant Register 01/17/2017 Account Vendor Invoice Invoice Description Amount 192 7300 3212 On Time Embroidery Inc 36168 5 FF Class A Cap Badge-5 New Recruits 295.00 193 7300 3212 On Time Embroidery Inc 36257 Class "A" Uniform Items for 1 New Paramedic 661.00 194 7300 3212 On Time Embroidery Inc 36258 Class "A" Uniform Items for 1 New Paramedic 661.00 195 7300 3212 On Time Embroidery Inc 36286 Class "A" Uniform Items for 1 New Paramedic 661.00 196 7300 3212 On Time Embroidery Inc 37632 Class "A" Uniform Items for 1 New Paramedic 608.00 197 7300 3212 On Time Embroidery Inc 37633 Class "A" Uniform Items for 1 New Paramedic 602.00 198 7300 3212 On Time Embroidery Inc 37750 3 Polos, 1 Nameplate, 1 Tactical Jacket, 1 Job Shirt -1 Engineer 322.00 199 7300 3212 On Time Embroidery Inc 37874 2 4-Pocket Pants - 1 Engineer 104.00 200 7320 1080 Air One Equipment Inc 118203 2 Pairs TRT Boots 605.45 201 7320 1003 AFC International Inc 48464 SCBA Eqpt-O-Rings, Diaphragms, LDV Holders, Straps 1,418.61 202 7320 5036 Rescue Direct Inc 66240 2 Harnesses, 2 Rescue Helmets 1,006.17 203 8010 1557 Abt Electronics & Appliances 1201601LHAG New 36" Dual Fuel Range/6 Burner Stove for Sta 62 8,218.00 23,482.01 204 5325 2036 Fire Investigators Strike Force Dec 14, 2016 "Year in Review" Seminar 12/14/2016-2 Div Chiefs & 1 PT Insp 75.00 205 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 158.91 206 7200 4095 Promos 911 Inc 6439 1000 Mood Pens & 1200 Stock Helmets for Public Education 1,552.79 1,786.70 25,559.19 207 5310 1076 Sam's Club Direct CF161204- 7664688 2017 Annual Administrative Fee for Sam's Club Direct 50.00 208 6015 1027 Call One 12-15-2016 Communications Service 12/15/2016-01/14/2017 3,948.06 Overhead Membership Dues Communication Services Communication Services Other Supplies Total 720 - Fire Prevention Total 70 - Fire Department Equipment < $5,000 Furniture & Fixtures Total 710 - Emergency Services Division: 720 - Fire Prevention Training Uniforms Uniforms Uniforms Uniforms Equipment < $5,000 Equipment < $5,000 Uniforms Uniforms Uniforms Uniforms Page 13 of 23 Line # City of Des Plaines Warrant Register 01/17/2017 Account Vendor Invoice Invoice Description Amount 209 6015 1201 Sprint 1420 Miner Cr Partial Bill Credit on 1420 Miner Street Lease (465.75) 3,532.31 188,819.34 210 6145 5343 ABC Commercial Inc 2016-12-21 Custodial Services - December 2016 720.30 211 6150 5139 All Cleaners Incorporated 121616-Desplain-Sidewalk Snow Removal & De- icing 12/16 & 12/17/2016 5,400.00 212 6150 5139 All Cleaners Incorporated 121716-Desplain-Sidewalk Snow Removal & De- icing - 12/17 & 12/18/2016 2,700.00 213 6150 5139 All Cleaners Incorporated 121816-Desplain-Sidewalk Snow Removal & De- Icing - 12/18/2016 5,400.00 214 6150 5139 All Cleaners Incorporated 122316- Desplaine Sidewalk De-icing 12/23 - 12/24/2016 2,700.00 215 6150 5399 Beary Landscape Management 38684 City Hall Alley Winter Planter Display - 11/22/2016 539.07 216 6150 5399 Beary Landscape Management 39343 Lee Street Winter Planter Decorations - 12/09/2016 1,850.00 217 6195 1029 Cintas #22 022405765 Mat Rental - City Hall/Metra Station - 12/14/2016 73.61 218 6195 1029 Cintas #22 022408833 Mat Rental - Metra Station - 12/21/2016 149.86 219 6195 1025 Bedco Inc 093819 Repair Heater - Metro Square Parking Garage - 11/30/2016 498.00 220 6195 1025 Bedco Inc 093847 Service Call No Heat - Miner St - 12/15/2016 360.00 221 6195 1025 Bedco Inc 093850 Service Call - Train Station - 12/14/2016 480.00 222 6195 6420 International Exterminator Company Inc 12-430 Pest Control - Train Station - 10/20/2016 296.00 223 6195 6420 International Exterminator Company Inc 12-432 Pest Control @ Paroubek Park - 11/15/2016 189.00 224 6195 3326 A-1 Roofing Co 24298 Roof Repair at 1486 Miner Street - 10/27/2016 650.00 225 6195 5175 Nite Lite Signs & Balloons Inc 43827 Heating Rental For Holiday Tree Lighting 12/01- 12/03/2016 651.00 226 6195 1178 Trugreen Limited Partnership 58186598 Lawn Service - TIF 1 Due to Weather - 12/01/2016 199.95 Miscellaneous Contractual Services Miscellaneous Contractual Si Miscellaneous Contractual Services Miscellaneous Contractual SiMiscellaneous Contractual ServicesMiscellaneous Contractual Services Miscellaneous Contractual Services Miscellaneous Contractual Si City Maintenance City Maintenance City Maintenance City Maintenance Miscellaneous Contractual Miscellaneous Contractual Total 100 - General Fund Fund: 201 - TIF #1 Downtown Fund Custodial Services City Maintenance City Maintenance Communication Services Total 90 - Overhead Page 14 of 23 Line # City of Des Plaines Warrant Register 01/17/2017 Account Vendor Invoice Invoice Description Amount 227 6325 1044 H&H Electric Co 27223 Streetlight Repair - Metro Square - 12/01/2016 165.50 228 7050 1644 Warehouse Direct Inc 3307590-0 Garage Can Liners - Downtown 318.54 229 8100 6474 Maglin Corporation USIP-001054 6 Decorative Benches for TIF 1 and Delivery 11,166.40 34,507.23 230 6330 2032 Mount Prospect, Village of 2016-00550004 Wolf & Feehanville Traffic Signal 07/01-09/30/2016 115.73 231 7140 1033 ComEd 0193753007- 12/16 Electricity Service 11/10- 12/13/2016 72.22 232 7140 1033 ComEd 2943015087- 12/16 Electricity Service 11/17- 12/20/2016 19,933.87 233 7160 6461 Compass Minerals America Inc 71567043 217.64 Tons Bulk Rock Salt Delivered 12/13/2016, R-144- 16 9,219.77 234 7160 6461 Compass Minerals America Inc 71568067 41.88 Tons Bulk Rock Salt Delivered 12/14/2016, R-144- 16 1,778.23 235 7160 6461 Compass Minerals America Inc 71569119 11 Loads of Rock Salt - Delivered 12/15/2016 9,914.84 236 7160 6461 Compass Minerals America Inc 71571337 7 Loads of Bulk Rock Salt - Delivered 12/19/2016 6,240.77 237 7160 6461 Compass Minerals America Inc 71572326 131.25 Tons Bulk Rock Salt Delivered 12/20/2016, R-144- 16 5,577.10 238 7160 6461 Compass Minerals America Inc 71573627 137.24 Tons Bulk Rock Salt Delivered 12/21/2016, R-144- 16 5,827.21 239 7160 6461 Compass Minerals America Inc 71574823 85.76 Tons Bulk Rock Salt Delivered 12/22/2016, R-144- 16 3,641.38 240 7160 6461 Compass Minerals America Inc 71574824 88.19 Tons Bulk Rock Salt Delivered 12/22/2016, R-144- 16 3,744.55 66,065.67 241 6000 1394 Gewalt Hamilton Associates Inc 4816.200-8 Lee @ Forest Traffic Signalization Ph 2 10/24- 11/20/2016 4,317.80 4,317.80 4,317.80 Total 2520 - Capital Grants Total 250 - Grant Projects Fund Ice Control Total 230 - Motor Fuel Tax Fund Fund: 250 - Grant Projects Fund Program: 2520 - Capital Grants Professional Services Ice Control Ice Control Ice Control Ice Control Ice Control Ice Control Fund: 230 - Motor Fuel Tax Fund R&M Traffic Signals Electricity Electricity Ice Control R&M Street Lights Supplies - Streetscape Improvements Total 201 - TIF #1 Downtown Fund Page 15 of 23 Line # City of Des Plaines Warrant Register 01/17/2017 Account Vendor Invoice Invoice Description Amount 242 6015 1027 Call One 12-15-2016 Communications Service 12/15/2016-01/14/2017 13,665.93 13,665.93 243 6035 5067 Regional Emergency Dispatch Center 164-17-12 Dispatch Service December 2016 R-141-13 47,824.12 47,824.12 61,490.05 244 6000 6463 Manhard Consulting Ltd 20669 Consulting-Stormwater Mgmt Permitting Assist 11/01- 11/25/2016 4,030.00 245 6000 1394 Gewalt Hamilton Associates Inc 4816.200-8 Lee @ Forest Traffic Signalization Ph 2 10/24- 11/20/2016 4,317.80 246 6000 2436 Haeger Engineering LLC 79276 2017 CIP Topographic Survey & Drafting 11/01-11/30/2016 19,796.00 247 6000 2436 Haeger Engineering LLC 79283 2015 Benchmark Verification & Re-establishment 03/01- 12/13/2016 555.00 248 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 225.87 249 6025 1172 Third Millennium Associates Inc 20172 Utility Bill Rendering 12/14/2016 249.22 250 7065 1086 Arrow Road Construction 62158MB 2.09 Tons Asphalt - 12/15/2016 112.72 251 7065 1086 Arrow Road Construction 62164MB 2.31 Tons Asphalt - 12/16/2016 124.58 252 7065 1086 Arrow Road Construction 62171MB 2.36 Tons of Hot Mix Asphalt - Pothole Patch 12/20/2016 127.28 253 7320 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 199.99 254 7500 1172 Third Millennium Associates Inc 20172 Utility Bill Rendering 12/14/2016 10.52 255 8100 1328 John Neri Construction Company Inc 2015-B-P8 R-52-16- 2015 CIP Algonquin Rd Sewer 11/18-12/31/2016 198,191.13 256 8100 1067 Orange Crush 2016-A-P8 Contractor-2016 CIP Street & Utility Contract A 11/18- 12/31/2016 R-73-16 30,626.72 Supplies - Capital Maintenance Equipment < $5,000 Postage & Parcel Improvements Improvements Professional Services Professional Services Communication Services Administrative Services Supplies - Capital Maintenance Supplies - Capital Maintenance Total 280 - Emergency Telephone System Fund Fund: 400 - Capital Projects Fund Professional Services Professional Services Communication Services Total 60 - Police Department Department: 70 - Fire Department Dispatch Services Total 70 - Fire Department Fund: 280 - Emergency Telephone System Fund Department: 60 - Police Department Page 16 of 23 Line # City of Des Plaines Warrant Register 01/17/2017 Account Vendor Invoice Invoice Description Amount 257 8100 1067 Orange Crush 2016-B-P8 Contractor- 2016 CIP Street & Utility Contract B 12/2- 12/13/2016 R-79-16 23,724.04 282,290.87 258 8015 1564 EJ Equipment Inc E00216 Purchased a Cues Sewer Televising Truck with Trade In, R-123-16 264,392.98 264,392.98 259 6140 5109 Konica Minolta Premier Finance 66101375 Jan 2017 Konica Copier Lease Exp 9/30/2017 (Year 3 of 3) 4,533.00 4,533.00 260 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 27.75 27.75 261 5310 1563 American Water Works Assoc (AWWA) 7001216406 Renewal 10/01/2016- 09/30/2017 Water Plant Night Operator 83.00 262 5310 1563 American Water Works Assoc (AWWA) 7001287505 Renewal 03/01/2017- 02/28/2018 Water Maint Foreman 83.00 263 6015 1027 Call One 12-15-2016 Communications Service 12/15/2016-01/14/2017 366.62 264 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 839.47 265 6195 1467 HBK Water Meter Service Inc 16-925 Meter Test - 12/09/2016 152.25 266 6195 4321 Luppino Plumbing & Sewer Co 5393 Service Call - Plumbing Work on 12/08/2016 255.00 267 6195 1303 HD Supply Waterworks LTD G594649 UMI Installed 1 Water Meter - 11/23/2016 535.00 268 6195 1303 HD Supply Waterworks LTD G594739 UMI Surveyed 4 Locations for Water Meter Install - 11/23/2016 453.00 269 6195 1303 HD Supply Waterworks LTD G594905 UMI Installed 4 Water Meters - 12/22/2016 2,643.00 270 6195 1303 HD Supply Waterworks LTD G594988 UMI Installed 2 Water Meters - 11/01/2016 & 11/03/2016 1,130.00 Miscellaneous Contractual Services Miscellaneous Contractual Miscellaneous Contractual Services Membership Dues Communication Services Communication Services Miscellaneous Contractual Miscellaneous Contractual Miscellaneous Contractual Division: 510 - Engineering Communication Services Total 510 - Engineering Division: 550 - Water Systems Membership Dues Fund: 420 - IT Replacement Fund Leases Total 420 - IT Replacement Fund Fund: 500 - Water/Sewer Fund Non Departmental Total 400 - Capital Projects Fund Fund: 410 - Equipment Replacement Fund Equipment Total 410 - Equipment Replacement Fund Improvements Page 17 of 23 Line # City of Des Plaines Warrant Register 01/17/2017 Account Vendor Invoice Invoice Description Amount 271 6195 1303 HD Supply Waterworks LTD G595085 UMI Installed 2 Water Meters - 12/22/2016 579.00 272 6195 1303 HD Supply Waterworks LTD G595197 UMI Installed 2 Water Meters - 12/02/2016 1,737.00 273 6300 6540 SyTech Inc DesPlaines12161 6 SCADA Software Maintenance Agreement 01/06/2017- 01/06/2018 300.00 274 6300 1303 HD Supply Waterworks LTD G492301 Repair Sensus Hand Held Meter Reading Device - 11/29/2016 495.00 275 7040 1078 Acme Truck Brake & Supply Co 1263500230 Light, Light Housing and Grommets - Water 9034 136.77 276 7040 6224 Bumper to Bumper 408-1053507 6 Gallons Antifreeze - Water 9024 46.74 277 7040 1643 Golf Mill Ford 410269P Mirror - Water 9034 154.29 278 7040 1053 Kimball Midwest 5316761 12 Hydraulic Fittings, 350 Cable Ties - PW Stock 48.42 279 7040 1053 Kimball Midwest 5316842 600 Washers, Bolts, Fuses, Electrical Tape & Connectors - PW 72.11 280 7070 1709 Ziebell Water Service Products Inc 235977-000 Operating Nut for Valve Repair - PW 65.00 281 7070 1057 Menard Incorporated 87605 2 Bags of Salt for Driveway - PW 16.78 282 7120 1417 Petroleum Traders Corp 1083868 5,003 Gallons of Gasoline Delivered 12/20/2016 1,489.96 283 7130 1417 Petroleum Traders Corp 1083869 3,000 Gallons of Diesel Fuel - Delivered 12/20/2016 397.81 284 7140 1033 ComEd 4436122006- 12/16 Electricity Service 11/10- 12/13/2016 6,638.80 285 7150 1082 Alexander Chemical Corporation SCL 10015238 Deposit Refund for 10 Cylinders - 12/06/2016 (1,000.00) 286 7150 1082 Alexander Chemical Corporation SLS 10053471 10 Cylinders Chlorine - 11/30/2016 2,350.00 287 7320 1043 WW Grainger Inc 9307046756 2 Portable Heaters - PW 267 167.36 20,235.38 288 6015 1027 Call One 12-15-2016 Communications Service 12/15/2016-01/14/2017 386.51 289 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 372.47 290 6340 6494 American Underground Incorporated 8346 Sewer Cleaning and Televising 2017 CIP 12/16/2016 5,686.54 291 6505 6547 Westfall, Margaret SLP16-032 Sewer Rebate 12/23/2016 75.00 292 6505 6543 Letts, Charles A SLP16-033 Sewer Rebate 12/23/2016 1,692.00 293 6505 6486 Donsky, Jason SLP16-034 Sewer Rebate 12/23/2016 88.50 294 6505 6545 Reichl, George J SLP16-035 Sewer Rebate 12/23/2016 1,800.00 Communication Services R&M Sewer System Subsidy - Sewer Subsidy - Sewer Subsidy - Sewer Subsidy - Sewer Water Treatment Chemicals Equipment < Total 550 - Water Systems Division: 560 - Sewer Systems Communication Services Other Other Gasoline Diesel Electricity Water Treatment Chemicals R&M Software Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Vehicle Supplies - Vehicle R&M Supplies - Vehicle R&M Miscellaneous Contractual Miscellaneous Contractual R&M Software Page 18 of 23 Line # City of Des Plaines Warrant Register 01/17/2017 Account Vendor Invoice Invoice Description Amount 295 6510 2246 Priore, Robert FRP16-025 Flood Rebate 12/23/2016 1,260.00 296 6510 6546 Schnulle, Carol M FRP16-026 Flood Rebate 12/23/2016 2,000.00 297 6510 6544 Bilotich, Jeffrey FRP16-027 Flood Rebate 12/23/2016 2,000.00 298 6510 6542 Feliciano, Maria L FRP16-028 Flood Rebate 12/23/2016 750.00 299 7030 1057 Menard Incorporated 87461 Snow Shovels, Propane 51.85 300 7035 2053 USA Bluebook 127039 1 Pack of 20 Push Camera Guides 93.95 301 7040 6224 Bumper to Bumper 408-1054741 2 Snow Plow Lights - Stock 199.90 302 7040 1053 Kimball Midwest 5316761 12 Hydraulic Fittings, 350 Cable Ties - PW Stock 48.42 303 7040 1053 Kimball Midwest 5316842 600 Washers, Bolts, Fuses, Electrical Tape & Connectors - 72.11 304 7075 1057 Menard Incorporated 87461 Snow Shovels, Propane Torches, 4 Space Heaters - PW 84.70 305 7120 1417 Petroleum Traders Corp 1083868 5,003 Gallons of Gasoline Delivered 12/20/2016 518.45 306 7130 1417 Petroleum Traders Corp 1083869 3,000 Gallons of Diesel Fuel - Delivered 12/20/2016 50.23 17,230.63 307 6000 1356 MWH Americas Inc 1734341 Task Order #1-Water System Operation Analysis thru 12/02/2016 955.84 308 8100 1067 Orange Crush 2016-A-P8 Contractor-2016 CIP Street & Utility Contract A 11/18- 12/31/2016 5,841.74 6,797.58 44,291.34 309 6015 1552 Verizon Wireless 9776983838 Cell Phone Service 11/14- 12/13/2016 19.95 310 6025 1172 Third Millennium Associates Inc 20172 Utility Bill Rendering 12/14/2016 1,169.43 311 7500 1172 Third Millennium Associates Inc 20172 Utility Bill Rendering 12/14/2016 49.35 1,238.73 45,530.07 312 4665 6551 Musham, Vijay Kumav Refund 12/19/16 Refund of Parking Permit 12/19/2016 175.00 313 6015 1027 Call One 12-15-2016 Communications Service 12/15/2016-01/14/2017 776.31 Parking Fees Communication Services Postage & Parcel Total 30 - Finance Total 500 - Water/Sewer Fund Fund: 510 - City Owned Parking Fund Total 00 - Non Departmental Department: 30 - Finance Communication Services Administrative Services Total 560 - Sewer Systems Division: 580 - CIP - Water/Sewer Professional Services Improvements Total 580 - CIP - Water/Sewer Supplies - Vehicle Supplies - Vehicle R&M Supplies - Vehicle R&M Supplies - Sewer System Gasoline Diesel Subsidy - Flood Subsidy - Flood Subsidy - Flood Subsidy - Flood Supplies - Tools Supplies - Equipment R&M Page 19 of 23 Line # City of Des Plaines Warrant Register 01/17/2017 Account Vendor Invoice Invoice Description Amount 314 6015 1027 Call One 12-15-2016 Communications Service 12/15/2016-01/14/2017 152.79 315 6320 6524 MSA Safety Inc 98758717 Repaired CO2 Sensors - Library - 12/06/2016 1,110.00 316 7060 1043 WW Grainger Inc 9311952064 47 Light Bulbs - Metro Deck 503.73 2,717.83 317 5570 1089 Autokrafters of Des Plaines 11/23/2016 Vehicle Repair 11/23/2016 Unit #62 - RD1623188 6,141.76 6,141.76 318 2460 6538 St George Ukrainian Orthodox Church 2016-01300110 Temporary Tent Refund Issued 10/14/2016 200.00 319 2460 6537 J Divita & Associates 2016-07000126 Temporary Trailer Refund Issued 07/11/2016 1,000.00 320 2460 3368 Insure Now Inc 2016-08000045 Temporary Banner Refund Issued 08/08/2016 200.00 321 2460 2040 Maryville Academy 2016-08000252 Temporary Tent Refund Issued 09/02/2016 200.00 322 2460 5332 HMX Touhy Avenue LLC 2016-08000306 Temporary Tent Refund Issued 09/02/2016 200.00 1,800.00 962,606.61Grand Total Refundable Bonds Refundable Bonds Refundable Bonds Refundable Bonds Refundable Bonds Total 700 - Escrow Fund Fund: 600 - Risk Management Fund Self Insured P&L Expense Total 600 - Risk Management Fund Fund: 700 - Escrow Fund Communication Services R&M Parking Lots Supplies - Parking Total 510 - City Owned Parking Fund Page 20 of 23 Line # 323 4300 6188 Lucero, Felipe Repl Refund Vehicle Sticker Refund 06/08/2016 - Repl Check 30.00 30.00 324 6015 1533 Wide Open West LLC 11526044Dec201 6A Internet/Cable Service 12/21/2016-01/20/2017 95.00 325 6015 1533 Wide Open West LLC 11526044Dec201 6E Internet/Cable Service 12/21/2016-01/20/2017 (830.00) 326 6015 1032 Comcast Cable 12/11/2016 x1141 Internet/Cable Service 12/18/2016-01/17/2017 246.72 (488.28) (488.28) 327 6015 1533 Wide Open West LLC 11526044Dec201 6B Internet/Cable Service 12/21/2016-01/20/2017 1,915.31 328 6015 1533 Wide Open West LLC 11526044Dec201 6C Internet/Cable Service 12/21/2016-01/20/2017 1,644.15 3,559.46 3,101.18 329 7110 1064 Nicor 12/13/16 x550488 Natural Gas Service 11/11- 12/13/2016 106.88 330 7110 1064 Nicor 12/13/16 x603131 Natural Gas Service 11/11- 12/13/2016 85.67 192.55 331 6195 6541 Krueger-Warme, Phyllis R Refund 12/21/16 FEMA 1935 Grant - Flood Insurance Reimbursement 1,309.85 1,309.85 1,309.85 332 6015 1533 Wide Open West LLC 11526044Dec16A Internet/Cable Service 12/21/2016-01/20/2017 (21.28) Division: 550 - Water Systems Communication Services Fund: 250 - Grant Projects Fund Program: 2520 - Capital Grants Miscellaneous Contractual Total 2520 - Capital Grants Total 250 - Grant Projects Fund Fund: 500 - Water/Sewer Fund Total 100 - General Fund Fund: 201 - TIF #1 Downtown Fund Natural Gas Natural Gas Total 201 - TIF #1 Downtown Fund Total 20 - City Administration Communication Services Communication Services Total 90 - Overhead Overhead Division: 230 - Information Technology Communication Services Communication Services Communication Services Total 230 - Information Technology Fund: 100 - General Fund Department: 00 - Non Departmental Vehicle Licenses Total 00 - Non Departmental City Administration City of Des Plaines Warrant Register 01/17/2017 Account Vendor Invoice Invoice Description Amount Manual Checks Page 21 of 23 Line # City of Des Plaines Warrant Register 01/17/2017 Account Vendor Invoice Invoice Description Amount Manual Checks 333 6015 1533 Wide Open West LLC 11526044Dec201 6D Internet/Cable Service 12/21/2016-01/20/2017 420.00 334 7110 1064 Nicor 12/15/16 x400005 Natural Gas Service 11/14- 12/14/2016 80.35 335 7110 1064 Nicor 12/16/16 x054542 Natural Gas Service 11/15- 12/15/2016 3,014.90 336 7110 1064 Nicor 12/19/16 x500005 Natural Gas Service 11/16- 12/19/2016 693.72 337 7110 1064 Nicor 12/19/16 x500009 Natural Gas Service 11/16- 12/19/2016 140.38 4,328.07 4,328.07 8,931.65 Natural Gas Total 500 - Water/Sewer Fund Grand Total Communication Services Natural Gas Natural Gas Natural Gas Total 550 - Water Systems Page 22 of 23 Amount Transfer Date Automated Accounts Payable 962,606.61$ **1/17/2017 Manual Checks 8,931.65$ **12/30/2016 Payroll 1,264,289.31$ 1/6/2017 -$ Electronic Transfer Activity: Bank of America Credit Card -$ Chicago Water Bill ACH -$ Postage Meter Direct Debits 6,000.00$ *12/30/2016 Utility Billing Refunds 979.57$ 12/22/2016 First Merit Bank Fees -$ IMRF Payments -$ FEMA Buyouts -$ Debt Service -$ Employee Medical Trust -$ Total Cash Disbursements:2,242,807.14$ * Multiple transfers processed on and/or before date shown ** See attached report Adopted by the City Council of Des Plaines This Seventeenth Day of January 2017 Ayes ______ Nays _______ Absent _______ Gloria J. Ludwig, City Clerk Matthew J. Bogusz, Mayor City of Des Plaines Warrant Register 01/17/2017 Summary RHS Payout Page 23 of 23 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: December 27, 2016 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager Michael McMahon, Community and Economic Development Director From: Lauren Pruss, Economic Development Coordinator Subject: Class 6b Renewal Resolution Request – 455 E. Jarvis Ave. – Northwest Millwork (5th Ward) Issue: Hybiak Family Limited Partnership and Richard E. Hybiak Declaration of Trust has filed an application requesting a City resolution in support of its Class 6b Tax Incentive renewal application (Attachment 1). The subject property was granted a 6b beginning in 2006 in support of the portion of the property which included a 12,000 square foot addition and new 3,000 (+/-) square foot mezzanine. If approved, the 6b renewal would only apply for this portion of the subject property. Analysis: The subject property is an approximately 1.81 acre parcel of land developed with a 38,050 square foot industrial building that is leased to Northwest Millwork, a manufacturer of custom millwork, doors, windows and hardware. Northwest Millwork has been a longstanding tenant in Des Plaines for 33 years, currently generating over $6,000,000 in annual sales and over $120,000 in annual sales tax directly to the City. Recently hiring two residents from Des Plaines, the business has 24 full-time employees. The Applicant has taken good care of the subject property. When Northwest Millwork outgrew the facility, the Applicant renovated and expanded the facility instead of relocating to a new location. The Applicant also built two additions to the building: one in 1986 and one in 2006. The Applicant plans to spend approximately $20,000 to $50,000 to provide maintenance work to the roof and the heating equipment at the subject property within the next 12 to 24 months, and create approximately 6 construction jobs while doing so. Assessment of Tax Impact Scenarios: 1. Property Taxes in 2016 as-is in 11th Year of 6b Incentive: $73,820 2. Estimated Property Taxes occupied as-is without a 6b: $86,851 3. Estimated Property Taxes without a 6b and total vacancy: $36,914 4. Estimated Property Taxes for proposed improvements occupied with a 6b: $67,305 5. Estimated 2016 Sales Tax to City: $120,000 Northwest Millwork suffered significant hardship during the economic recession, only beginning to stabilize in 2014. The owner, Richard Hybiak, personally supported the business during the recession, contributing in excess of $500,000 in personal finances to cover business losses. Now that the business is profitable once again, he would like to continue to grow the business and hire new employees, but contends that the loss of the 6b incentive would prevent this and could even force the business to shut down. If this were to occur, it MEMORANDUM Page 1 of 22 would result in vacancy of the building and a significant drop in property tax revenue. Additionally, Northwest Millwork generates over $120,000 in annual sales tax that would be lost as well. Cook County’s Class 6b economic development tool is intended to encourage industrial investment by offering a real estate tax incentive that lowers property taxes to ensure that Cook remain competitive with neighboring DuPage County property tax rates. A Class 6b incentive requires a resolution of consent from municipalities. Qualified industrial properties are assessed at 10% of market value for the first 10 years, 15% in the 11th year and 20% in the 12th year. Normally such properties are assessed at 25% of market value. Outside of a significant capital reinvestment in an already occupied property, it has been City policy to support 6b requests only for substantial renovation of vacant property or full redevelopment in an effort to encourage reinvestment in the City’s most blighted industrial properties. Recommendation: Given that the applicant does not intend to substantially renovate the subject property, I am unable to recommend approval of the requested property tax incentive. Attachments: Attachment 1: Resolution Request with Estimated Improvement Costs and Sales Tax Information Attachment 2: Estimated Tax Projections Attachment 3: Location Map Page 2 of 22 A t t a c h m e n t 1 P a g e 3 o f 2 2 A t t a c h m e n t 1 P a g e 4 o f 2 2 A t t a c h m e n t 1 P a g e 5 o f 2 2 A t t a c h m e n t 1 P a g e 6 o f 2 2 A t t a c h m e n t 1 P a g e 7 o f 2 2 A t t a c h m e n t 1 P a g e 8 o f 2 2 A t t a c h m e n t 1 P a g e 9 o f 2 2 A t t a c h m e n t 1 P a g e 1 0 o f 2 2 A t t a c h m e n t 1 P a g e 1 1 o f 2 2 A t t a c h m e n t 1 P a g e 1 2 o f 2 2 A t t a c h m e n t 1 P a g e 1 3 o f 2 2 A t t a c h m e n t 1 P a g e 1 4 o f 2 2 A t t a c h m e n t 1 P a g e 1 5 o f 2 2 A t t a c h m e n t 1 P a g e 1 6 o f 2 2 A t t a c h m e n t 1 P a g e 1 7 o f 2 2 A t t a c h m e n t 1 P a g e 1 8 o f 2 2 A t t a c h m e n t 1 P a g e 1 9 o f 2 2 A t t a c h m e n t 1 P a g e 2 0 o f 2 2 Ta x Ye a r 1 20 1 4 T a x Ra t e 2 0 1 4 M u l t i p l i e r Es t i m a t e d Ef f e c t i v e Ta x R a t e 2 Es t i m a t e d M a r k e t V a l u e B a s e d on t h e 2 0 1 5 C o o k C o u n t y Bo a r d o f R e v i e w C e r t i f i e d Ma r k e t V a l u e w i t h F u l l Oc c u p a n c y a n d $ 2 0 , 0 0 0 i n Im p r o v e m e n t s 3 Ye a r o f Pr o p o s e d Re n e w e d In c e n t i v e 4 As s e s s m e n t Le v e l W i t h o u t a Cl a s s 6 b Re n e w a l Es t i m a t e d A s s e s s e d Va l u e W i t h o u t a Cl a s s 6 b R e n e w a l Es t i m a t e d T a x e s Wi t h o u t a C l a s s 6b R e n e w a l Es t i m a t e d M a r k e t V a l u e B a s e d on t h e 2 0 1 5 C o o k C o u n t y Bo a r d o f R e v i e w C e r t i f i e d Ma r k e t V a l u e w i t h a R e d u c t i o n Ba s e d o n 1 0 0 % V a c a n c y 3 As s e s s m e n t Le v e l W i t h o u t a Cl a s s 6 b Re n e w a l 4 Es t i m a t e d A s s e s s e d Va l u e W i t h o u t a C l a s s 6b R e n e w a l Es t i m a t e d T a x Wi t h o u t a C l a s s 6 b Re n e w a l Es t i m a t e d M a r k e t V a l u e B a s e d on t h e 2 0 1 4 C o o k C o u n t y Bo a r d o f R e v i e w C e r t i f i e d Ma r k e t V a l u e w i t h F u l l Oc c u p a n c y a n d $ 2 0 , 0 0 0 i n Im p r o v e m e n t s 3 Ye a r o f Pr o p o s e d Re n e w e d In c e n t i v e 1 As s e s s m e n t Le v e l W i t h a Cl a s s 6 b Re n e w a l Es t i m a t e d A s s e s s e d Va l u e W i t h a C l a s s 6b R e n e w a l Es t i m a t e d T a x e s Wi t h a C l a s s 6 b Re n e w a l 20 1 6 1 0 . 8 5 9 % 2 . 7 2 5 3 2 9 . 5 9 4 % $ 1 , 1 7 3 , 9 0 3 11 t h 2 1 . 2 4 9 1 % $ 2 4 9 , 4 4 4 $7 3 , 8 2 0 $4 9 8 , 9 4 4 25 . 0 0 0 0 % $ 1 2 4 , 7 3 6 $3 6 , 9 1 4 $1 , 1 7 3 , 9 0 3 1s t 19 . 3 7 3 7 % $ 2 2 7 , 4 2 8 $6 7 , 3 0 5 20 1 7 1 0 . 8 5 9 % 2 . 7 2 5 3 2 9 . 5 9 4 % $ 1 , 1 7 3 , 9 0 3 1 2 t h 2 3 . 1 2 4 6 % $ 2 7 1 , 4 6 0 $8 0 , 3 3 6 $4 9 8 , 9 4 4 25 . 0 0 0 0 % $ 1 2 4 , 7 3 6 $3 6 , 9 1 4 $1 , 1 7 3 , 9 0 3 2n d 1 9 . 3 7 3 7 % $ 2 2 7 , 4 2 8 $6 7 , 3 0 5 20 1 8 1 0 . 8 5 9 % 2 . 7 2 5 3 2 9 . 5 9 4 % $ 1 , 1 7 3 , 9 0 3 n/ a 2 5 . 0 0 0 0 % $ 2 9 3 , 4 7 6 $8 6 , 8 5 1 $4 9 8 , 9 4 4 25 . 0 0 0 0 % $ 1 2 4 , 7 3 6 $3 6 , 9 1 4 $1 , 1 7 3 , 9 0 3 3r d 1 9 . 3 7 3 7 % $ 2 2 7 , 4 2 8 $6 7 , 3 0 5 20 1 9 1 0 . 8 5 9 % 2 . 7 2 5 3 2 9 . 5 9 4 % $ 1 , 1 7 3 , 9 0 3 n/ a 2 5 . 0 0 0 0 % $ 2 9 3 , 4 7 6 $8 6 , 8 5 1 $4 9 8 , 9 4 4 25 . 0 0 0 0 % $ 1 2 4 , 7 3 6 $3 6 , 9 1 4 $1 , 1 7 3 , 9 0 3 4t h 1 9 . 3 7 3 7 % $ 2 2 7 , 4 2 8 $6 7 , 3 0 5 20 2 0 1 0 . 8 5 9 % 2 . 7 2 5 3 2 9 . 5 9 4 % $ 1 , 1 7 3 , 9 0 3 n/ a 2 5 . 0 0 0 0 % $ 2 9 3 , 4 7 6 $8 6 , 8 5 1 $4 9 8 , 9 4 4 25 . 0 0 0 0 % $ 1 2 4 , 7 3 6 $3 6 , 9 1 4 $1 , 1 7 3 , 9 0 3 5t h 1 9 . 3 7 3 7 % $ 2 2 7 , 4 2 8 $6 7 , 3 0 5 20 2 1 1 0 . 8 5 9 % 2 . 7 2 5 3 2 9 . 5 9 4 % $ 1 , 1 7 3 , 9 0 3 n/ a 2 5 . 0 0 0 0 % $ 2 9 3 , 4 7 6 $8 6 , 8 5 1 $4 9 8 , 9 4 4 25 . 0 0 0 0 % $ 1 2 4 , 7 3 6 $3 6 , 9 1 4 $1 , 1 7 3 , 9 0 3 6t h 1 9 . 3 7 3 7 % $ 2 2 7 , 4 2 8 $6 7 , 3 0 5 20 2 2 1 0 . 8 5 9 % 2 . 7 2 5 3 2 9 . 5 9 4 % $ 1 , 1 7 3 , 9 0 3 n/ a 2 5 . 0 0 0 0 % $ 2 9 3 , 4 7 6 $8 6 , 8 5 1 $4 9 8 , 9 4 4 25 . 0 0 0 0 % $ 1 2 4 , 7 3 6 $3 6 , 9 1 4 $1 , 1 7 3 , 9 0 3 7t h 1 9 . 3 7 3 7 % $ 2 2 7 , 4 2 8 $6 7 , 3 0 5 20 2 3 1 0 . 8 5 9 % 2 . 7 2 5 3 2 9 . 5 9 4 % $ 1 , 1 7 3 , 9 0 3 n/ a 2 5 . 0 0 0 0 % $ 2 9 3 , 4 7 6 $8 6 , 8 5 1 $4 9 8 , 9 4 4 25 . 0 0 0 0 % $ 1 2 4 , 7 3 6 $3 6 , 9 1 4 $1 , 1 7 3 , 9 0 3 8t h 1 9 . 3 7 3 7 % $ 2 2 7 , 4 2 8 $6 7 , 3 0 5 20 2 4 1 0 . 8 5 9 % 2 . 7 2 5 3 2 9 . 5 9 4 % $ 1 , 1 7 3 , 9 0 3 n/ a 2 5 . 0 0 0 0 % $ 2 9 3 , 4 7 6 $8 6 , 8 5 1 $4 9 8 , 9 4 4 25 . 0 0 0 0 % $ 1 2 4 , 7 3 6 $3 6 , 9 1 4 $1 , 1 7 3 , 9 0 3 9t h 1 9 . 3 7 3 7 % $ 2 2 7 , 4 2 8 $6 7 , 3 0 5 20 2 5 1 0 . 8 5 9 % 2 . 7 2 5 3 2 9 . 5 9 4 % $ 1 , 1 7 3 , 9 0 3 n/ a 2 5 . 0 0 0 0 % $ 2 9 3 , 4 7 6 $8 6 , 8 5 1 $4 9 8 , 9 4 4 25 . 0 0 0 0 % $ 1 2 4 , 7 3 6 $3 6 , 9 1 4 $1 , 1 7 3 , 9 0 3 10 t h 1 9 . 3 7 3 7 % $ 2 2 7 , 4 2 8 $6 7 , 3 0 5 20 2 6 1 0 . 8 5 9 % 2 . 7 2 5 3 2 9 . 5 9 4 % $ 1 , 1 7 3 , 9 0 3 n/ a 2 5 . 0 0 0 0 % $ 2 9 3 , 4 7 6 $8 6 , 8 5 1 $4 9 8 , 9 4 4 25 . 0 0 0 0 % $ 1 2 4 , 7 3 6 $3 6 , 9 1 4 $1 , 1 7 3 , 9 0 3 11 t h 2 1 . 2 4 9 1 % $ 2 4 9 , 4 4 4 $7 3 , 8 2 0 20 2 7 1 0 . 8 5 9 % 2 . 7 2 5 3 2 9 . 5 9 4 % $ 1 , 1 7 3 , 9 0 3 n/ a 2 5 . 0 0 0 0 % $ 2 9 3 , 4 7 6 $8 6 , 8 5 1 $4 9 8 , 9 4 4 25 . 0 0 0 0 % $ 1 2 4 , 7 3 6 $3 6 , 9 1 4 $1 , 1 7 3 , 9 0 3 12 t h 2 3 . 1 2 4 6 % $ 2 7 1 , 4 6 0 $8 0 , 3 3 6 $1 , 0 2 2 , 6 7 0 $4 4 2 , 9 7 3 $8 2 7 , 2 0 9 Th e a b o v e e s t i m a t e s a r e s p e c u l a t i v e , a n d s h o u l d b e t r e a t e d a s s u c h . No t e s : To t a l E s t i m a t e d T a x e s ( 2 0 1 6 t o 2 0 2 7 ) No t e 1 : Th e a b o v e i s b a s e d o n t h e a s s u m p t i o n t h a t t h e C l a s s 6 b T a x I n c e n t i v e f o r t h e s u b j e c t p r o p e r t y w i l l b e r e n e w e d i n 2 0 1 6 . No t e 2 : Th e 2 0 1 4 E f f e c t i v e T a x R a t e ( t h e 2 0 1 4 t a x r a t e x t h e 2 0 1 4 m u l t i p l i e r ) w a s n o t i n c r e a s e d t o a c c o u n t f o r p o s s i b l e i n c r e a s e s i n t h e E f f e c t i v e T a x R a t e b e t w e e n 2 0 1 4 a n d 2 0 2 7 . No t e 3 : Th e s u b j e c t p r o p e r t y ' s 2 0 1 5 C o o k C o u n t y B o a r d o f R e v i e w C e r t i f i e d M a r k e t V a l u e i s $ 1 , 1 5 3 , 9 0 3 . No t e 4 : W i t h o u t a r e n e w a l , t a x y e a r 2 0 1 5 i s s c h e d u l e d t o b e t h e 1 1 t h y e a r o f t h e i n c e n t i v e a n d t a x y e a r 2 0 1 6 i s s c h e d u l e d t o b e t h e 1 2 t h y e a r o f t h e i n c e n t i v e . A c c o r d i n g l y , t h e a s s e s s m e n t l e v e l w i t h o u t a r e n e w a l f o r t a x y e a r 2 0 1 6 w i l l l i k e l y b e a r o u n d 2 1 . 2 4 9 1 % ( b a s e d o n t h e 2 0 1 5 a s s e s s m e n t l e v e l ) a n d t h e as s e s s m e n t l e v e l w i t h o u t a r e n e w a l f o r t a x y e a r 2 0 1 7 w i l l b e a r o u n d 2 3 . 1 2 4 6 % ( b a s e d o n t h e 2 0 1 5 a s s e s s m e n t l e v e l ) . T h e a b o v e a s s e s s m e n t l e v e l s f o r s a i d t a x y e a r s , h o w e v e r , a r e l i s t e d a t 2 5 % . Th i s i s b a s e d o n t h e f a c t t h a t w h e n a p r o p e r t y b e c o m e s f u l l y v a c a n t , t h e A s s e s s o r ' s O f f i c e d e a c t i v a t e s t h e in c e n t i v e u n t i l t h e p r o p e r t y b e c o m e s r e o c c u p i e d . P l e a s e n o t e t h a t A s s e s s o r ' s O f f i c e s t i l l c o u n t s t h o s e y e a r s w h e n i n c e n t i v e i s d e a c t i v a t e d a s p a r t o f t h e i n c e n t i v e ' s t e r m . A c c o r d i n g l y , w i t h o r w i t h o u t d e a c t i v a t i o n , t a x y e a r 2 0 1 7 w i l l b e t h e l a s t y e a r o f t h e i n c e n t i v e u n l e s s i t i s r e n e w e d . $3 8 4 , 2 3 6 Pr o p e r t y T a x R e v e n u e G e n e r a t e d f r o m t h e R e n e w a l o f t h e P r o p e r t y ' s C l a s s 6 b T a x I n c e n t i v e : 12 Y e a r I m p a c t C h a r t To t a l E s t i m a t e d T a x e s ( 2 0 1 6 t o 2 0 2 7 ) 45 5 E a s t J a r v i s A v e n u e Es t i m a t e d T a x e s w i t h a C l a s s 6 b R e n e w a l an d A p p r o x i m a t e l y $ 2 0 , 0 0 0 i n I m p r o v e m e n t s Es t i m a t e d T a x e s w i t h o u t a C l a s s 6 b R e n e w a l an d w i t h T o t a l V a c a n c y To t a l E s t i m a t e d T a x e s ( 2 0 1 6 t o 2 0 2 7 ) (P I N : 0 9 - 3 0 - 4 0 0 - 0 1 2 - 0 0 0 0 ) De s P l a i n e s , I l l i n o i s Es t i m a t e d T a x e s w i t h o u t a C l a s s 6 b R e n e w a l an d A p p r o x i m a t e l y $ 2 0 , 0 0 0 i n I m p r o v e m e n t s 3/ 2 3 / 2 0 1 6 Pa g e 1 o f 1 Attachment 2 Page 21 of 22 Location Map Attachment 3 Page 22 of 22 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5390 desplaines.org Date: January 3, 2017 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: Sidewalk Program Inspection and Replacement Discussion Issue: As part of the 2017 Budget Hearing process, Alderman Brookman requested that the City’s sidewalk replacement program guidelines be reviewed and discussed at a future City Council meeting. Analysis: The purpose of the City of Des Plaines Sidewalk Program is to repair or replace hazardous sidewalks within the rights-of-way of the City. On an annual basis, locations for sidewalk replacements are determined from two sources: 1) notice of a hazardous condition from the public and/or employees, and 2) in connection with the City’s street improvement program. Once the City is put on notice of a sidewalk defect or trip hazard, the location is recorded along with the date of notice and programmed for repair/replacement on a “first come – first served” basis as the sidewalk replacement budget allows. Severe defects are ramped with asphalt or ground flush as an interim measure. The waiting list for this type of replacement is approximately one year based on the current funding level. Sidewalks are also replaced in connection with streets proposed for improvement under the annual capital improvement program. Sidewalks along streets slated for rehabilitation or reconstruction are inspected for defects and the locations are included for replacement in the overall construction project for the respective streets. Below is a funding history for the City’s Sidewalk Program: Year Amount Budgeted 2017 $1,000,000 2016 $700,000 2015 $750,000 2014 $850,000 2013 $850,000 2012 and Prior $250,000/year MEMORANDUM Page 1 of 12 The City owns and maintains 300 miles of sidewalk. The cost for replacement is approximately $200,000 per mile of sidewalk, resulting in a total asset cost of $60 million. Staff had requested a recent Sidewalk Replacement Program Survey to the NWMC and have attached the results. Two additional municipal surveys related to public sidewalks are also attached. Recommendation: We recommend discussion of the City’s Sidewalk Inspection and Replacement Program. Attachments: Attachment 1 – NWMC Sidewalk Replacement Survey Results, October 2016 Attachment 2 – NWMC Sidewalk Replacement Cost Participation, May 2016 Attachment 3 – NWMC Sidewalk Replacement and Grinding, November 2015 Attachment 4 – City of Des Plaines Concrete Program Guidelines Page 2 of 12 Si d e w a l k Re p l a c e m e n t Su r v e y October 2016 Mu n i c i p a l i t y Ci t y I n s p e c t i o n - If y e s , Fr e q u e n c y o f In s p e c t i o n ? Po l i c e R e p o r t – T r i p & F a l l Re q u e s t – El e c t e d Of f i c i a l Re q u e s t - Pr o p e r t y Ow n e r Ot h e r (S p e c i f y ) Ca p i t a l Im p r o v e m e n t Fu n d s CD B G Fu n d s Co s t S h a r i n g wi t h P r o p e r t y Ow n e r s , I f s o co s t s h a r e pe r c e n t a g e ? MF T Fu n d s TI F Fu n d s Ot h e r (S p e c i f y ) 3. H o w m u c h i s ty p i c a l l y b u d g e t e d an n u a l l y f o r H a z a r d o u s Si d e w a l k Re p l a c e m e n t ? 4. H o w m u c h i s ty p i c a l l y b u d g e t e d an n u a l l y f o r A D A Si d e w a l k Co m p l i a n c e ? 5. Do you have a Hazardous Sidewalk Replacement Priority Policy? Describe or Attach Policy.Specific ADA ProjectsIncluded to current annual concrete programIncluded to other CIP project when located within CIP project limits Other (Specify) Bu f f a l o G r o v e Al l , d o n o t kn o w % Ye s . N o . N o . No . N o . $3 0 0 , 0 0 0 $5 0 , 0 0 0 Yes, attached.Yes.Yes. Ca r p e n t e r s v i l l e 9 9 % 1% 40 % 1 5 % N o c o s t s h a r e . 4 0 % 5 % De s P l a i n e s 5, o n l y i n s p e c t s wh e n l o c a t i o n i s ca l l e d i n . 1 0 % 10 % 7 5 % 5% 5% 0 85 % 5% , i f el i g i b l e . 0 $7 5 0 , 0 0 0 0 See attached.0 5%95% Ev a n s t o n 90 % 10 % (p e d e s t r i a n s ) . 1 0 0 % 50 % $1 5 0 , 0 0 0 No.100% Ha n o v e r P a r k 50 % e v e r y o t h e r ye a r . 10 % 10 % 3 0 % No . 90 % 5 % 5% g e n e r a l fu n d . $ 5 0 k $1 0 k Spend whole budget every year on most hazardous locations found during inspection. In house crews take care of resident complaints.50%50% Hi g h l a n d P a r k 7 5 % , Q u a r t e r l y . 1 0 % 0 1 5 % 10 0 % 0 0 0 0 0 $8 1 , 0 0 0 $9 , 0 0 0 Yes, attached.0 50%50%0 La k e Z u r i c h 83 % E v e r y 3 ye a r s . 5% 2% 1 0 % 90 % 10 % $2 5 0 , 0 0 0 $5 , 0 0 0 50%50% Li b e r t y v i l l e Y e s - A n n u a l l y . Y e s . Ye s . Y e s . St a f f No t i f i c a t i o n . 1 0 0 % Ye s - 5 0 % - i f ju s t i f i e d . $6 5 , 0 0 0 $2 0 , 0 0 0 N o . 100% - with Road Program. Li n c o l n w o o d E v e r y 3 y e a r s . 1 % 20 % 2 0 % $7 0 , 0 0 0 - $ 8 0 , 0 0 0 Sa m e b u d g e t $7 0 , 0 0 0 - $ 8 0 , 0 0 0 5%Varies between year. Mo r t o n G r o v e Mi n i m u m . M i n i m u m . 7 5 % St a f f R e q u e s t 25 % Mi n i m u m . Ge n e r a l Fu n d s . $ 9 0 , 0 0 0 - $ 1 4 0 , 0 0 0 In c l u d e d w i t h ha z a r d o u s s i d e w a l k pr o g r a m . See attached.10%80%10% No r t h b r o o k 7 5 % Ra r e . R a r e . 2 5 % Al l s i d e w a l k re p l a c e m e n t co m e s f r o m th e g e n e r a l fu n d . $1 2 5 , 0 0 0 w e d o n ' t di f f e r e n t i a t e b e t w e e n si d e w a l k t h a t n e e d s t o b e re p l a c e d d u e t o a g e a n d th a t w h i c h i s h a z a r d o u s . $ 1 0 , 0 0 0 No.Depressed corner ramps. No r t h f i e l d A n n u a l 9 9 % 1 % 95 % 50 % i f re p l a c e d f o r ae s t h e t i c s . $1 5 , 0 0 0 De p e n d e n t o n r o a d pr o j e c t s . See attached.20%80% Paving Pa l a t i n e On c e e v e r y 5 - 1 0 ye a r s . 1% 0 9 9 % 88 % 0 1 2 % 0 0 0 $1 7 0 , 0 0 0 0 See attached.25%75% Pa r k R i d g e 9 5 % 2% 3% Sk o k i e On c e p e r y e a r Pe r z o n e ( 6 zo n e s t o t a l ) . V a r i o u s . V a r i o u s . V a r i o u s . 5% 5% 5 0 % 0 % 0 % $2 5 0 , 0 0 0 $3 0 0 , 0 0 0 Yes, Trip hazards will be replaced at 50% cost share with the resident. Warranty work for new construction of sidewalk (10 years since construction date) that has settled will be 100% village cost.100%3 St r e a m w o o d 9 0 % - 7 y e a r s . 1 % 2% 7% 90 % 10 % $2 0 0 , 0 0 0 No t t r a c k e d . No.0 50%50% Ve r n o n H i l l s Sp r i n g e v e r y ye a r . Ye s . Ye s . Ye s , i f wa r r a n t e d . 0 0 0 0 0 G e n e r a l F u n d . $ 7 5 , 0 0 0 0 We do not have a Village Board approved sidewalk replacement policy.The Village does not have any barrier curbs that need to be depressed. Yes.Yes, ADA panels are replaced within the yearly Road Rehabilitation programs. 0 Wh e e l i n g A n n u a l . Ye s . $4 0 , 0 0 0 In c l u d e d i n # 3 . Yes.Yes. Wi l m e t t e 73 % ( 2 0 % o f Vi l l a g e a n n u a l l y ) . < 1 % <1 % 2 5 % 41 % 59 % $1 7 0 , 0 0 0 Sa m e b u d g e t a s # 3 Sidewalk priority is generally given to worst first, or trip hazards typically 1.5" and greater. Compliance issues are addressed when another project (road, maintenance, etc.) is done adjacent to the area.70%30% 1. H o w i s H a z a r d o u s S i d e w a l k n o t e d f o r r e p l a c e m e n t ? ( P e r c e n t ) 2 . H a z a r d o u s S i d e w a l k R e p l a c e m e n t F u n d i n g S o u r c e ? ( P e r c e n t ) 6. How is ADA compliance being achieved? (Percentage) At t a c h m e n t 1 Page 3 of 12 Public Sidewalk Replacement Survey April 2016 Municipality Yes.No, the City pays 100% Arlington Heights No, the City pays 100% Bannockburn No, the City pays 100% Barrington No, the City pays 100% Bartlett Yes. We will replace damaged/deteriorated sidewalk at 100% Village cost but if residents want other sections replaced we share in the cost at 50/50. Buffalo Grove Yes. The Village reviews and if it warrants replacement the Village will pay up to the Village’s current contract price for replacement. Carpentersville No, the City pays 100% Des Plaines No, the City pays 100% Evanston Yes.50% City share / 50% resident share. Fox Lake No, the City pays 100% Glencoe No, the City pays 100% Glenview No, the City pays 100% Grayslake Yes. The Village will invoice each property owner for 50% of the cost of their sidewalk portion. Hoffman Estates No, the City pays 100% Kenilworth No, the City pays 100% We used to send out voluntary donation letters but the calls we received complaining about us asking for funding caused us to fade out the program over the course of three years. Lake Forest No, the City pays 100% Lake Zurich No, the City pays 100% Lincolnshire No, the City pays 100% Morton Grove Yes.50/50 Mount Prospect Yes. The resident pays approximately 50% of the cost of the concrete only. The Village pays the remaining cost of the concrete and any other pay items that are part of the contract. Niles No, the City pays 100% Northfield Yes. 50/50 for resident wanting sidewalks replaced because of aesthetics. Village pays 100% for all other sidewalk replacements. Palatine Yes No, the City pays 100% The Village conducts a hazardous sidewalk replacement program to address offsets greater than 7/8”. This is fully Village funded by the Village on a 7 year cycle. Should there be a defect in an area not being treated by the fully funded program, residents can accelerate replacements for qualifying sidewalk squares at a 50/50 cost share. Park Ridge Yes.50/50 Rolling Meadows No, the City pays 100% Skokie Yes.50/50 Streamwood No, the City pays 100% Vernon Hills No, the City pays 100% Wheeling No, the City pays 100% Wilmette No, the City pays 100% Winnetka No, the City pays 100% Does your community have a city / resident cost share for public sidewalk replacement? If yes, what is the split? Attachment 2 Page 4 of 12 Sidewalk Survey November 2015 Municipality Does your community perform sidewalk grinding or precision concrete cutting to eliminate trip hazards? Do you perform this work in lieu of sidewalk removal and replacement? Do you perform this task in- house or contract the work out? If contracted out what firm(s) have you used in the past? Arlington Heights Grinding yes. Cutting not yet but it is under consideration. No in addition to, not in lieu of. Grinding is performed in-house. N/A. Barrington Yes, mostly grinding, we have cut in the past but only once.Yes, also do mud jacking.Both. Work done several years ago, and cannot find contractor info. Buffalo Grove Yes. No, we perform both based on circumstances.Both.Safe Step. Carpentersville Yes. Prior to 2016 we did both. For 2016, yes.Contract.Safestep. Cary Yes - starting this process for the first time during this fiscal year. No - this is intended to supplement our annual replacement program and address minor areas of displacement. In-house. Deerfield No. The Village of Deerfield currently removes and replaces sidewalks. We remove and replace in house. N/A. Des Plaines Sidewalk grinding or temporary asphalt ramps, depending on condition. No, they are performed as an interim measure until sidewalk replacement can take place. In-house. Evanston No - We patch with asphalt and replace using a 50/50 cost share with residents. Only as emergency repairs.Patching is in-house. Glencoe Not yet. We anticipate in the future. Not in lieu. It would be done as a temporary means prior to sidewalk removal. If done, we would utilize a contractor. Not available at this time. Glenview No.N/A.N/A.N/A. Grayslake No. No; we do annual removals and replacements. Contract the work out. Mondi Construction. Hanover Park No.N/A.N/A.N/A. Hoffman Estates We have used a grinding method and a cutting method in years past. In 2015, we initiated a mudjacking contractor. No, in addition to removal and replacement. Contract work out. Sidewalk Cutting: Sidewalks Plus USA, Ltd. Mudjacking: Triple AAA Concrete. Lake Forest No. Lake Zurich Yes. Yes for trip hazards 1/2 inch or smaller. In-house. N/A. Libertyville Sidewalk grinding. No, this activity supplements our removal & replacement program. Both.Safe-Step. Lincolnshire N/A. We do not have residential sidewalks.N/A.N/A.N/A. Lincolnwood Public Works will cold patch sidewalks until early late-spring early-fall when a contractor is hired to grind. Yes, generally do not do sidewalk replacements unless there is a water main break. Patching done in-house, grinding contracted out. Schroeder & Schroeder was used for 2015 (847) 933-0526 Mount Prospect Yes we grind and ramp sidewalks. Yes, we ramp or grind the trip hazard and inform when our paving/sidewalk trip hazard program will be in the area. We also offer share cost immediately. In-house. Niles No. No. N/A. N/A. Northbrook Sidewalk grinding is performed on offsets generally 1” or less. Greater offsets are ramped with asphalt until the sidewalk can be removed and replaced. Yes, however some more extensive grinding may also require replacement at a later date. In-house. N/A. Palatine Grinding.Yes for smaller offsets.In-house.N/A. Park Ridge No.No.N/A.N/A. Prospect Heights Yes.No we do both.In-house. Rolling Meadows Grind in house to remove hazard until the following years R & R program. Temporary.In-house for emergency only. Schaumburg Yes.Both.In-house. Streamwood We have completed one concrete cutting project in the past 5 years. No, we have an annual concrete program which includes removal and replacement. The one project we completed was contracted out. Sidewalk Plus USA LLC. Wheeling The Village of Wheeling performs utilizes both sidewalk grinding and precision concrete cutting to eliminate trip hazards. This work is performed in addition to sidewalk removal and replacement. The precision concrete cutting is contracted out, but Public Works does have the equipment to perform isolated grinding of displaced sidewalks. The Village of Wheeling has utilized Safe Step of Hortonvill, Wisconsin. Wilmette No. Winnetka No.No.N/A.N/A. Attachment 3 Page 5 of 12 CITY OF DES PLAINES-CONCRETE PROGRAM SIDEWALK, CURB AND DRIVEWAY GUIDELINES SUMMARY AND INTENT OF PROJECT The City of Des Plaines Curb and Sidewalk Program is intended to repair hazardous sidewalk and curb locations within the right-of-way. Driveway aprons are not included in the program. The locations are generated primarily by resident requests, and repaired after evaluation by the Public Works and Engineering Department in a "first come-first serve" order. The purpose of the program is to repair specific locations of immediate concern, not necessarily entire blocks or streets. Additional locations will not be added due to proximity of scheduled and/or budgeted work. These locations will be added to the inspection list and be completed when budgeting allows. Any hazardous locations that are unable to be repaired due to available funds will be temporarily patched by the Public Works Division until funding becomes available. EVALUATION NOTES 1. Sidewalks, Carriage walks, and Service walks. a. Sidewalks with trip hazards, major cracks, significant spalling and other deterioration should be replaced. b. Trip hazards are defined as more than 1 1/8” height differential. A rule of thumb is if you can easily catch your foot dragging it over the area, the square should be replaced. c. Major cracks where there is a piece of concrete missing or the expansion joint has eroded away and a huge gap is left should be replaced. If there is a small crack (hairline) in the sidewalk and no settling or spalling has occurred, the walk should not be replaced. If it appears that further deterioration will occur or the parkway is beginning to settle, the walk should be replaced. d. Areas that contain significant spalling or pitting shall be replaced. e. Sidewalks being replaced shall be finished to match the adjacent areas. i. If matching the adjacent areas results in improper drainage or new trip hazards, the Engineer shall replace the surrounding areas as needed. A minimum of one extra square of sidewalk should be removed and replaced in order to transition to the correct slope. This includes both service walks in the parkway and private property. ii. Replacement of service walks will be allowed up to a maximum of 6 feet outside the right-of- way. If the condition of the surrounding area is so poor that this limit needs to be exceeded, the Engineer shall contact the resident to discuss the situation. 2. Curbs. a. Curbs with cracking, settlement, drainage problems, or significant spalling and other deterioration should be replaced. Rolled curbs in good condition with no drainage problems will not be replaced. b. Cracks in the curb should be replaced only if further deterioration is likely or there is evidence that the curb might settle. c. Curbs that have settled and resulted in obvious low spots should be replaced. Curbs that have raised up shall also be replaced. d. Drainage problems will typically require some survey. The Engineer shall determine the direction of flow and replace the area needed. The area may require a catch basin to be installed and tied into the nearest storm sewer. e. Most curbs with significant spalling or deterioration have been damaged by snow plows. Typically large 8-12” pieces of the curb will be missing and these areas should be replaced. If the curb is in generally good condition and is missing a short section, only the missing section should be replaced. f. New curbs shall be replaced as a depressed curb if the driveway apron is also being replaced. At locations where the concrete apron is in good condition, new curbs shall be replaced as a mountable or rolled curb provided that the flow line is at the proper elevation to provide positive drainage. Attachment 4 Page 6 of 12 g. New curbs shall be finished to match the existing curb and/or apron elevations. Curbs replaced on over-laid streets shall be finished to match the existing curb, and over-laid with the appropriate thickness of asphalt. h. Tie bars will be required for integral curb and gutter. 3. Driveway Aprons. a. Typically, entire driveway aprons will not be replaced. Depending on the nature and extent of work around the apron and the existing apron condition, the Engineer may replace the apron entirely or only partially. This applies to both the curb and sidewalk work adjacent to the driveway aprons. b. Apron replacement should be done only if one of the following conditions is met: i. The existing driveway apron is old, cracking and deteriorated to the point where a patch cannot be made such as: asphalt driveways that are completely alligatored, concrete with cracks and settlement, or any material that has completely deteriorated or has obvious drainage problems. ii. A utility structure such as a sewer manhole, water valve vault or water service box located within the apron and requires adjustment. iii. The entire apron should be replaced where both adjacent curb and sidewalk are being replaced. c. New aprons shall be constructed in concrete per current City standards. d. Partial apron replacement should be done where the existing aprons are in generally good condition. i. For asphalt aprons, approximately 2’ behind the curb or sidewalk should be repaired (either full depth or surface removal and replacement). The Engineer will determine the exact limits for repairs based on the condition of the driveway. This also applies to repairs on the private side of the driveway as necessary. ii. For concrete aprons, the repairs shall extend to the closest joint (typically 5-6’ behind the curb or walk). If there is no joint, the Engineer will direct the contractor to saw cut the limit. Any repair section smaller than 4’ should be checked for proper drainage and shall not cause additional bumps or trip hazards. e. The allowable limit of replacement outside the right-of-way is 6 feet. If the existing driveway condition is completely deteriorated, the Engineer shall contact the resident to discuss the situation. 4. Pavement Patches. a. Asphalt streets should be repaired to fix any overcuts for placing curb forms or spalling caused by the removal and replacement of the curb. Depending on the existing condition of the street either a full depth patch or surface patch may be required. b. Full depth asphalt repairs will require 4” of stone base and 6” asphalt in two lifts. The patch shall be a minimum of 2’ wide, and extend the entire length of the curb replacement area. All limits shall be cleanly saw cut. c. Surface repairs will require only the 2” surface course to be removed and replaced. Width and length may vary depending on the extent of surface spalling that occurred when the curb was removed. This can be used for areas where the curb was removed cleanly with little or no damage to the existing pavement. Surface removal can be done by mechanical grinder or saw cut and removed by hand. d. For concrete streets with asphalt overlays, the new curb shall match the existing curb, and the flow line shall be overlaid for positive drainage. Tie bars shall be drilled and grouted into the adjacent pavement. If an over cut is necessary, the concrete shall be poured monolithically with the curb and gutter. Asphalt shall be overlaid after the concrete has cured. Attachment 4 Page 7 of 12 PRIVATE AND ADDITIONAL WORK 1. Private work is defined as any work on private property that is the outside allowable project limits and beyond intent of the program. a. The maximum allowable limit to be included in the project (at no cost to the resident) is 6 feet outside the right-of-way. Any areas beyond this limit will be considered private work. b. All private work areas will require the homeowner to acquire a building permit, hire a licensed contractor, and arrange for review and inspection through Community Development. 2. Additional work is defined as areas within the City right of way that are requested for improvements by a resident but do not qualify for repairs. a. If the Engineer determines that the additional work does not qualify for repairs, the resident will be given the option to pay for the improvement. The Engineer will prepare a cost estimate agreement for the resident to sign. b. If agreed to, the work will be included in the project, and the City will invoice the resident. c. No additional work will be performed prior to the agreement form signed by the resident and received by the Engineer. Attachment 4 Page 8 of 12 Examples Figure 1 – Sidewalk Trip Hazard (1 1/8” or Greater) The sidewalk squares should be replaced from the trip hazard to the cracks. If proper drainage is achieved, the new walk should be finished to meet the service walk. Depending on the grades, the adjacent square of service walk may need to be replaced also. QUALIFIES Figure 2 – Crack in Sidewalk Although this sidewalk is cracked, it is not a trip hazard. The crack is beginning to spall, but not severely. The Engineer may decide to replace this walk depending on factors such as potential future deterioration, loose concrete material, or evidence of settlement. DOES NOT QUALIFY Figure 3 – Deteriorated Sidewalk Obvious deterioration like this should be replaced. QUALIFIES Figure 4 – Tilting Sidewalk This sidewalk should be replaced. Rebar should be placed in the new section of walk due to the adjacent sewer manhole. QUALIFIES Attachment 4 Page 9 of 12 Examples (continued) QUALIFIES Figure 6 – Cracked Sidewalk and Apron The sidewalk squares are cracked and settled and should be replaced. The Apron is also in poor condition and should be replaced. DOES NOT QUALIFY Figures 7 & 8 – Hairline Crack in Sidewalk There is a small crack in this sidewalk, but the walk is in good condition and does not need to be replaced. The crack is not a trip hazard, and there are no signs of spalling, chipping or further deterioration. Figure 5 – Pitted Sidewalk This walk should be replaced. Note that the adjacent driveway apron will need to be patched due to its poor condition. QUALIFIES Attachment 4 Page 10 of 12 Examples (continued) QUALIFIES Figures 11 & 12 - Deteriorated Curb, Asphalt Apron (Before and After) Although this curb is not in poor condition, there are several chips and spalls that were patched with asphalt. Only this short section of curb should be replaced. Care should be taken to protect both the street and driveway since both are in good condition. In this case, the new curb should not be depressed. QUALIFIES QUALIFIES Figure 9 - Deteriorated Curb, Asphalt Apron The curb should be replaced through the entire driveway. The apron is in good enough condition to repair behind the curb with an asphalt patch. The street will require a patch that extends out to incorporate the pavement crack. QUALIFIES Figure 10 – Broken Curb, Concrete Apron The broken section of curb should be replaced. The driveway apron is in good condition and should not be replaced. The street is in good condition, and the contractor should aim for minimal damage to the street when removing the curb. Attachment 4 Page 11 of 12 Examples (continued) Figures 13 & 14 - Deteriorated Curb and Cracked Apron The curb should be replaced at a minimum through the left half of the driveway. The apron is in poor condition and should be replaced also. Note that the sidewalk has already been replaced through the driveway. The curb should be replaced as a depressed curb instead of a rolled curb. The street will require a full depth patch where the curb is deteriorated. QUALIFIES Figures 15 & 16 – Rolled Curb in Good Condition These are two examples of rolled curb that is in good condition. The aprons are also in good condition. No replacement should be done. DOES NOT QUALIFY Attachment 4 Page 12 of 12