20190122 Council Packet
Tuesday, January 22, 2019
Closed Session – 6:00 p.m.
Regular Session – 7:00 p.m.
Room 102
CALL TO ORDER
CLOSED SESSION
PURCHASE OR SALE OF PROPERTY
LEASE OF PROPERTY
IMMINENT OR PROBABLE LITIGATION
REGULAR SESSION
ROLL CALL
PRAYER
PLEDGE OF ALLEGIANCE
RECOGNITION
LIFE-SAVING AWARDS TO OFFICER ARMSTRONG, OFFICER SKOTNICKI, &
OFFICER ZERBE
MR. MARK PYTLEWICZ FOR ACTIONS TAKEN AT DECEMBER 2018 STRUCTURE FIRE
CITIZEN PARTICIPATION
(matters not on the Agenda)
CITY CLERK ANNOUNCEMENTS
ALDERMEN ANNOUNCEMENTS
|
CONSENT AGENDA
1. RESOLUTION R-25-19: Approving Task Order No. 6 Under the Master Contract with SPACECO, Inc., for
Design Engineering Services in a Not-to-Exceed Amount of $30,000. Budgeted Funds – Capital Projects
Fund.
2. RESOLUTION R-26-19: Approving a Master Contract for Professional Engineering Services with M.E.
Simpson Co., Inc.
3. RESOLUTION R-27-19: Authorizing the Expenditure of Funds Under a Lease with Konica Minolta Premier
Finance and a Services Agreement with Konica Minolta Business Solutions USA, Inc., in the Amount of
$49,644.00. Budgeted Funds – IT Replacement/Leases.
4. RESOLUTION R-30-19: Approving an Intergovernmental Agreement with the County of Cook on Behalf of
the Cook County Sheriff Department for the Sheriff’s Work Alternative Program
5. Authorize the City Clerk to Bid the Streetlight Repair and Utility Location of Underground Wiring Contract
6. Authorize the City Clerk to Bid Construction Contracts and Services for the Des Plaines Theatre Interior
Rehabilitation
7. Authorize the City Clerk to Bid the TIF #1 Downtown Streetscape, Phase V Project
8. Minutes/Regular Meeting – January 7, 2019
END OF CONSENT AGENDA
COMMITTEE OF THE WHOLE
1. FINANCE & ADMINISTRATION – Alderman Mike Charewicz, Chair
a. Warrant Register in the Amount of $3,050,849.86 – RESOLUTION R-28-19
2. COMMUNITY DEVELOPMENT – Alderman Dick Sayad, Chair
a. Consideration of Business Assistance Program for Façade, Awning, and Seating for Charcoal Delights,
1090 East Oakton Street, Des Plaines, IL in the Amount of $28,989.33 – RESOLUTION R-29-19
b. Consideration of Approval and Adoption of the 2018 Comprehensive Plan for the City of Des Plaines
– ORDINANCE M-3-19 (tabled from the December 3, 2018 City Council Agenda)
3. PUBLIC SAFETY – Alderman Denise Rodd, Chair
a. Consideration of an Amendment to the City Code Regarding the Removal of Snow and Ice from the
Public Rights-of-Way – ORDINANCE M-2-19, As Amended (deferred from the January 7, 2019
City Council Agenda)
|
IF NO ACTION IS TAKEN UNDER NEW BUSINESS, THESE ITEMS WILL APPEAR ON THE
FOLLOWING CONSENT AGENDA OR UNFINISHED BUSINESS. IF IT IS NECESSARY TO TAKE
ACTION ON ANY OF THESE ITEMS THIS EVENING, THEY MUST BE REPORTED OUT BY THE
COMMITTEE CHAIRMAN UNDER “NEW BUSINESS”
UNFINISHED BUSINESS
1. SECOND READING – ORDINANCE M-1-19, As Amended: Amending Chapter 7 of Title 4 of the City of
Des Plaines City Code Regarding the Sale and Purchase of Tobacco and Alternative Nicotine Products
NEW BUSINESS: IF REPORTED OUT BY COMMITTEE
1. a. RESOLUTION R-28-19: Warrant Register in the Amount of $3,050,849.86
2. a. RESOLUTION R-29-19: Approving Business Assistance Program Grants for Façade Rehabilitation,
Awning Replacement, and Outdoor Dining
b. ORDINANCE M-3-19: Adopting a Comprehensive Plan for the City of Des Plaines
3. a. ORDINANCE M-2-19, As Amended: Amending Section 8-1-11 of the City of Des Plaines City Code
Regarding the Removal of Snow and Ice from Public Rights-of-Way
MANAGER’S REPORT
ALDERMEN COMMENTS
MAYORAL COMMENTS
ADJOURNMENT
City of Des Plaines, in compliance with the Americans With Disabilities Act, requests that persons with disabilities, who req uire
certain accommodations to allow t hem to observe and/or participate in the meeting(s) or have questions about the accessibility of the
meeting(s) or facilities, contact the ADA Coordinator at 391 -5486 to allow the City to make reasonable accommodations for these
persons.
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5400
desplaines.org
Date: January 9, 2019
To: Michael G. Bartholomew, City Manager
From: William Kushner, Chief of Police
Subject: Presentation of Life Saving Awards
Issue: Multiple 911 calls were received about a vehicle proceeding erratically southbound on River Road.
Several of the callers expressed concerns that the driver was suffering some type of medical emergency. At
approximately 1884 River Road, the vehicle swerved into oncoming traffic, resulting in a head on collision
injuring occupants of both vehicles.
Officer Adam Skotnicki was the first to arrive and observed a citizen performing CPR on the driver of the
striking vehicle. Officer Skotnicki relayed pertinent information over the radio, and took over chest
compressions. The subject was gray in color and unresponsive.
Officers Jimmy Armstrong and Kevin Zerbe arrived on scene; Officer Armstrong assisted with CPR while
Officer Zerbe prepared the portable AED from his squad car. After repeated attempts at resuscitation, the
subject opened his eyes and began breathing spontaneously.
DPFD personnel arrived on scene and transported the subject to the hospital for further treatment.
Because of their quick and decisive actions and coordinated efforts, these officers were able to save the
subject’s life.
Recommendation: That these officers be congratulated for their efforts. .
FIRE DEPARTMENT
405 S. River Road
Des Plaines, IL 60016
P: 847.391.5333
desplaines.org
Date: January 10, 2019
To: Michael Bartholomew, City Manager
From: Alan Wax, Fire Chief
Subject: Recognition of Citizen Mark Pytlewicz for Assistance at Structure Fire in December
Issue: Fourth Ward Resident Mark Pytlewicz assisted in getting residents out of a structure prior to the arrival
of the Fire Department. We wish to recognize him for his willingness to get involved and take action.
Analysis: During the afternoon of December 15, 2018, the Fire and Police Departments responded to a well-
advancing structure fire in a single-family home in the 600 block of West Millers Rd. Mr. Pytlewicz, who is
a firefighter in a neighboring community, lives south of that location – across the Commonwealth Edison
power-line easement. He was off-duty and home that day, and he observed the fire from his house. He
immediately ran across the field toward the growing fire at the rear of the home.
As he approached, he observed the fire increasing rapidly at the rear of the occupancy. He also saw the
homeowner attempt to extinguish the fire with a garden hose and then “disappear” into the smoke. When he
arrived, Mr. Pytlewicz could not locate the homeowner. Assuming the homeowner returned inside, Mr.
Pytlewicz entered the front of the structure, met the homeowner, and directed the homeowner to leave.
Continuing further into smoke that had banked-down to a level of six feet from the floor, Mr. Pytlewicz met
other family members carrying belongings and instructed them to exit, following them out.
Recommendation: I recommend that the Mayor, Council, Staff, and public join our Department in thanking
Mr. Pytlewicz for his willingness to get involved and take action despite personal risk, in the spirit of the fire
service, and in true Des Plaines neighborly fashion. We will present him a Certificate of Appreciation at the
Council meeting.
MEMORANDUM
PUBLIC WORKS AND
ENGINEERING DEPARTMENT
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5390
desplaines.org
Date: December 21, 2019
To: Michael G. Bartholomew, MCP, LEED-AP, City Manager
From: Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineering
Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works & Engineering
Subject: 2019 CIP Contract C Design Engineering Services
Issue: Due to the volume of this year’s projects, we currently do not have enough staff to adequately provide
design engineering for the 2019 CIP Contract C Street and Utility Improvements project. The design services
would include the preparation of the construction plans and specifications for the project.
Analysis: We requested proposals from four engineering firms and received three responses. SPACECO,
Inc. submitted the lowest cost proposal as shown below. We have had a positive working relationship with
the consultant and they have performed satisfactorily in the past. Therefore, we would like to secure their
services for this task.
SPACECO Inc. $30,000 lump sum
Haeger Engineering $37,500 plus approximately $750.00 reimbursable expenses
Gewalt Hamilton Associates, Inc. $91,800 plus $700.00 reimbursable expenses
Recommendation: We recommend approval of Task Order No. 6 under the Master Contract with SPACECO,
Inc., 9575 West Higgins Road, Suite 700, Rosemont, IL 60018 for design engineering services in a not to
exceed amount of $30,000. Source of funding would be Capital Projects Fund.
Attachments:
Resolution R-25-19
Exhibit A – Task Order No. 6
MEMORANDUM
Page 1 of 11
1
CITY OF DES PLAINES
RESOLUTION R - 25 - 19
A RESOLUTION APPROVING TASK ORDER NO. 6 WITH
SPACECO, INC. FOR PROFESSIONAL ENGINEERING
SERVICES.
WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City
to contract with individuals, associations, and corporations in any manner not prohibited by law
or ordinance; and
WHEREAS, the City has appropriated funds in the Capital Projects Fund during the 2019
fiscal year for the procurement of design services in connection with the 2019 Capital
Improvement Program, Contract C Street and Utility Improvements (“Services”); and
WHEREAS, on June 5, 2017, the City Council approved Resolution No. R-105-17, which
authorized the City to enter into a master contract ("Master Contract") with SPACECO, Inc.
("Consultant") for the performance of engineering services for the City as such services are
needed over time; and
WHEREAS, pursuant to Chapter 10 of Title 1 of the City Code of the City of Des Plaines
and the City’s purchasing policy, the City Council has determined that procurement of the Services
does not require competitive bidding because the Services require a high degree of professional
skill where the ability or fitness of the individual plays an important part; and
WHEREAS, the City requested a proposal from Consultant to perform the Services; and
WHEREAS, Consultant submitted a proposal in the not-to-exceed amount of $30,000 to
perform the Services; and
WHEREAS, the City desires to enter into Task Order No. 6 under the Master Contract for
the procurement of the Services from Consultant in the not-to-exceed amount of $30,000 ("Task
Order No. 6"); and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into Task Order No. 6 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 11
2
SECTION 2: APPROVAL OF TASK ORDER NO. 6. The City Council hereby
approves Task Order No. 6 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 TASK ORDER NO. 6. 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. 6 only after receipt by the City Clerk of at least one
executed copy of Task Order No. 6 from Consultant; provided, however, that if the City Clerk
does not receive one executed copy of Task Order No. 6 from Consultant within 60 days after the
date of adoption of this Resolution, then this authority to execute and seal Task Order No. 6 will,
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 ____________, 2019.
APPROVED this _____ day of _____________, 2019.
VOTE: AYES _____ NAYS _____ ABSENT _____
MAYOR
ATTEST: Approved as to form:
CITY CLERK Peter M. Friedman, General Counsel
DP-Resolution Approving Task Order No. 6 – Design Services 2019 CIP Contract C
Page 3 of 11
TASK ORDER NO. 6
TO MASTER CONTRACT BETWEEN THE CITY OF DES PLAINES
AND SPACECO, INC.
FOR PROFESSIONAL ENGINEERING SERVICES
In accordance with Section 1.2 of the Master Contract dated June 5, 2017 between the City of Des
Plaines (the “City”) and SPACECO, Inc., 9575 West Higgins Road, Suite 700, Rosemont, IL
60018 (the “Consultant”), the Parties agree to the following Task Order Number 6:
1. Contracted Services:
The Consultant will perform the services described in the "Professional Engineering
Services Proposal, 2019 CIP Contract C, Des Plaines, Illinois, (SPACECO Project 10531)"
prepared by Consultant, submitted to the City, and dated December 19, 2018 ("Proposal").
2. Project Schedule (attach schedule if appropriate):
3. Project Completion Date:
The Consultant will diligently and continuously prosecute the Services until their
completion.
4. Project Specific Pricing (if applicable):
In exchange for the Contracted Services the Consultant will receive compensation on a
hourly rate basis in the amounts set forth in the Pricing Schedule attached to the Master Contract
as Attachment B, but in no event will the compensation paid to the Consultant exceed $30,000.00,
all set forth in the Proposal.
5. Additional Changes to the Master Contract (if applicable):
In the event of a conflict between any provision of the Proposal and this Task Order No.
6 of the Master Contract, this Task Order No. 6 and the Master Contract will control.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED
Exhibit A Page 4 of 11
2
CITY CONSULTANT
_______________________________ __________________________________
Signature Signature
Director of Public Works & Engineering __________________________________
Name (Printed or Typed)
____________________, 2019 ____________________, 2019
Date Date
If greater than, $2,500, the City Manager’s signature is required.
______________________________________
Signature
City Manager
____________________, 2019
Date
If greater than $20,000, the City Council must approve the Task Order in advance and the City
Manager's signature is required.
_______________________________________
Signature
City Manager
____________________, 2019
Date
#26478055_v1
Exhibit A Page 5 of 11
December 19, 2018
VIA EMAIL
Mr. Jon Duddles, P.E.
Assistant Director of Public Works and Engineering
City of Des Plaines
1420 Miner Street
Des Plaines, IL 60016
Phone: 847-391-5464
Email: jduddles@desplaines.org
RE: PROFESSIONAL ENGINEERING SERVICES PROPOSAL
2019 CIP CONTRACT C
DES PLAINES, ILLINOIS
(SPACECO Project No. 10531)
Dear Jon:
In response to your request, SPACECO, Inc. is pleased to provide you with this
proposal for professional engineering services related to the 2019 Capital Improvement
Program – Contract C project in Des Plaines, Illinois. The project includes eight streets
identified on your Request for Proposal dated December 4, 2018. The purpose of
these services is to provide final engineering design, construction plans and
specifications for the grading, paving, watermain, storm sewer, and drainage aspects
of the proposed development. The following describes our Understanding of the
Assignment, Scope of Services, and Fee.
UNDERSTANDING OF THE ASSIGNMENT
• Spaceco shall retain the services of a soils testing firm to determine subsurface
information and conditions.
• A topographic survey is complete and will be provided by the City in AutoCAD Civil
3D format. Structure inventory is complete as well.
• All plan sheets shall be compatible with and delivered in AutoCAD Civil 3D format.
Exhibit A Page 6 of 11
2
• The following streets and anticipated improvements are included:
➢ Apple Creek Ln from Bussy Hwy to Dead End (Approx. 800 L.F.)
o Reconstruction and 8” watermain replacement
➢ Third Ave from Wayne to Algonquin (Approx. 460 L.F.)
o Reconstruction and 8” watermain replacement
➢ Villa Dr East from Southeast Pl to Northwest Pl (Approx. 1,500 L.F.)
o Reconstruction, 8” watermain replacement, storm sewer improvements
➢ Walnut Ct from Southeast Pl to Third Ave (Approx. 320 L.F.)
o Reconstruction and 8” watermain replacement
➢ Lyman Ave from Prairie Ave to Dempster St (Approx. 600 L.F.)
o Reconstruction and 8” watermain replacement
➢ Lyman Ave from Lechner Ave to Church St (Approx. 450 L.F.)
o Reconstruction and 8” watermain replacement
➢ Oakwood Ct from Northeast Pl to Third Ave (Approx. 310 L.F.)
o Resurface and 8” watermain replacement
➢ University St from Bellaire to Dead End (Approx. 380 L.F.)
o Reconstruction, 8” watermain replacement, storm sewer improvements
THE WORK
We will prepare the following for the grading, paving, watermain, storm sewer, and
drainage aspects of the proposed development:
• Final Engineering
• IEPA/IHPA/IDNR Permitting as Necessary
• IDOT Permitting is Not Anticipated or Included
SPACECO is also available to perform construction observation, layout staking, and
record drawings, for which the scope and fees can be agreed upon later.
ASSUMPTIONS
In preparing this proposal, we have attempted to provide you with a complete package
of the engineering services anticipated at this point in time. In doing so, we have
made some assumptions, based on the available information, which will need to be
Exhibit A Page 7 of 11
3
verified during the engineering process. If any findings differ from these assumptions,
additional design may be needed, which will be considered in a separate agreement for
services after the limits of work are clarified.
• There will be no modifications to existing adjacent streets. Therefore, no access
permits will be obtained from IDOT or Cook County for this development.
• The utilities to be used have adequate capacity and are immediately adjacent to the
parcel.
• Proposed storm sewer sizing will be determined by the City. No storm sewer
capacity analysis will be required.
• The sewers will flow by gravity with no lift stations.
• There will be no encroachment into the 100-year floodplain.
• Dry Utilities will not require relocation coordination.
PROVIDED BY OTHERS
• Soils Investigation (Soil and Material Consultants, Attached)
• Lighting Plan, if required
• Topographic survey with grades (3D CAD file) and utility rims/inverts
SCOPE OF BASIC SERVICES
TASK 1.0 – FINAL ENGINEERING & PERMITTING: This task will consist of the
preparation of the design documents for submittal to the municipality and permit
applications to the regulatory agencies that govern the work.
Preparation of Plan Drawings: The plan drawings will include the final design drawings,
technical specifications, and other documentation for the final design of on-site
engineering improvements. The plans will be in English units of measurement. This
work will include; plan notes, typical sections, plan & profile sheets, cross-sections,
demolition plan, water distribution, water service, sanitary sewers, storm sewers,
paving for roadways/parking areas, grading, erosion control, details, pavement
marking/signing, and earthwork calculations. Our design of underground utilities will
be up to five feet from the outside of the building wall for service connections.
Construction specifications will be shown on the drawings for storm sewer, sanitary
sewer, watermain, pavement and grading. We will reference the "Standard
Exhibit A Page 8 of 11
4
Specifications for Road and Bridge Construction" adopted April 1, 2016 by the Illinois
Department of Transportation, and the latest edition of the "Standard Specifications for
Water and Sewer Main Construction in Illinois". SPACECO, Inc.'s preparation of the
specifications shall not be construed to relieve the Contractor in any way from his sole
responsibility for the quality and workmanship of the work and for strict compliance
with the permitted plans and specifications.
Soil Erosion and Sediment Control Plan: We will prepare a Soil Erosion and Sediment
Control Plan for inclusion into the Final Engineering Plans. We will also file with the
Illinois Environmental Protection Agency (IEPA) a National Pollutant Discharge
Elimination Systems (NPDES) Notice of Intent (NOI) form for the grading activities. The
plan will include the appropriate notes, details, and specifications that are the
anticipated minimum initial controls and measures that will be required during the
duration of construction activities until the site is stabilized and the Notice of
Termination (NOT) form is filed. This plan is an integral component of the Storm Water
Pollution Prevention Plan (SWPPP) that the IEPA requires as part of the NPDES NOI
filing. We assume that the Client is familiar with the requirements of the IEPA NPDES
and SWPPP programs and that you will be undertaking the required reporting,
monitoring, and maintenance aspects of the programs. If requested, SPACECO, Inc.
can provide the required reporting and monitoring work under a separate agreement of
services.
SPACECO is not responsible for implementation of the Storm Water Pollution
Prevention Plan (SWPPP), including maintenance and/or repair of soil erosion and
sediment control measures, for compliance with the General NPDES Permit for Storm
Water Discharges from Construction Site Activities.
Opinion of Probable Construction Cost: Based upon the information contained in the
final design documents, we will prepare one opinion of probable construction cost for
the site improvements.
Permit Applications: We will prepare permit applications for watermain and soil-
disturbing activities for submittal to the IEPA. Permit application fees are not included
in our fee. This does not warrant that such approval will be obtained.
IHPA & IDNR Permit Applications: We will submit an initial application to the Illinois
Historic Preservation Agency (for cultural resources) and to the Illinois Department of
Natural Resources (for endangered species) to determine if additional studies will be
required. These permit applications are a prerequisite for the NPDES ILR10 permit.
TASK 2.0 – CONTRACT DOCUMENTS & BIDDING ASSISTANCE: We will provide
construction contract and bidding assistance based on the City’s stock bid package.
We will summarize the bids and provide a bid comparison spreadsheet to the owner.
SPACECO, Inc. is not responsible for contractor negotiations or awarding contracts. At
your request we will address contractor questions and make necessary clarification to
Exhibit A Page 9 of 11
5
contract documents, prepare necessary addenda to contract documents, and address
and work to resolve civil related questions raised by the governing authorities.
TASK 3.0 – CONSULTATION/MEETINGS/CONFERENCE CALLS: SPACECO, Inc. will
provide consultation including attendance at group meetings or conference calls with
the Client, municipal staff, governmental agencies and utility companies to properly
advise the Client of the engineering concerns. This task will be billed at an hourly rate
on a Time and Materials basis.
SUPPLEMENTAL SERVICES
Normal and customary engineering and surveying services do not include service in
respect to the following categories of work which are usually referred to as
Supplemental Services. If the Client shall so advise SPACECO, Inc., we shall perform
or obtain from others such services. SPACECO, Inc. will be paid on an hourly basis or
based on subsequent proposal/contract agreements, at the option of Client. Additional
Supplemental Services for the project include, but are not limited to the following:
• Services due to major changes in the general scope of the project.
• Revising studies, reports, and design documents which the Client, the municipality,
and/or other governmental agencies have previously approved.
• Providing Engineering Design and Construction Services for:
• Unusual or unanticipated improvements.
• Additional off-site improvements requested by the Client or
governmental agencies.
• Improvements necessary to the project development beyond those being
included under Basic Services herein.
• Lift stations.
• Retaining walls over three feet in height.
• Railroad grade crossings, signals, or gates.
• Site lighting.
• Landscaping, berms or tree replacement.
• Wetland permitting.
• Traffic impact studies, capacity analyses, warrant studies, intersection
design studies, construction documents for any traffic control devices
(signals, etc.).
• Providing construction observation in support of the engineering plans. Visiting the
site for preparing punchlists, reductions of Letter of Credit or for comparing the
Contractor's invoices against the approved final design plans and the Engineer's
quantity take-offs.
• Giving testimony as an expert witness for the Client in litigation or other court
proceedings involving this project.
• Environmental assessments, geotechnical investigations.
Exhibit A Page 10 of 11
6
FEES
Amount
Task 1.0 – Final Engineering & Permitting $30,000 Lump Sum
Task 2.0 – Contract Documents & Bidding Assistance Included
Task 3.0 – Consultation/Meetings/Conference Calls Included
Reimbursable Expenses Included
Our services will be invoiced monthly on a percent complete basis. Payments are due
within thirty days after invoicing. Work identified as payable on an hourly basis will be
billed to you at the rates specified on the enclosed Schedule of Charges for
Professional Services.
We will establish our contract in accordance with the City of Des Plaines Master
Contract.
If this proposal meets with your approval, please sign and return to us for our files.
Sincerely,
SPACECO, Inc.
William B. Loftus, P.E.
President
c: R. Stawik, T. Ward - SPACECO, Inc.
File Copy
ACCEPTED FOR: __________________________________________________
BY: __________________________________________________
TITLE: __________________________________________________
DATE: __________________________________________________
Exhibit A Page 11 of 11
PUBLIC WORKS AND
ENGINEERING DEPARTMENT
1111 Joseph J. Schwab Road
Des Plaines, IL 60016
P: 847.391.5464
desplaines.org
Date: January 3, 2019
To: Michael G. 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: M.E. Simpson Co., Inc. Professional Services Master Contract Approval
Issue: The Public Works and Engineering Department requests to enter into a 3-year Master Contract with
M.E. Simpson Co., Inc. for professional engineering services. Their current contract expired on December
31, 2018.
Analysis: M.E. Simpson Co., Inc. has successfully provided leak detection, valve assessment and fire flow
services to the City. The Master Contract allows the City to enter into professional service Task Order
agreements with the consultant to perform a variety of engineering services. The Task Order agreements are
presented individually for approval.
Recommendation: We recommend approval of the Master Contract Professional Engineering Services
between the City of Des Plaines and M.E. Simpson Co., Inc., 3406 Enterprise Avenue, Valparaiso, IN
46383.
Attachments:
Resolution R-26-19
Exhibit A – Master Contract
MEMORANDUM
Page 1 of 27
1
CITY OF DES PLAINES
RESOLUTION R - 26 - 19
A RESOLUTION APPROVING A MASTER CONTRACT
WITH M.E. SIMPSON CO., INC. FOR PROFESSIONAL
ENGINEERING SERVICES.
WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City
to contract with individuals, associations, and corporations in any manner not prohibited by law
or ordinance; and
WHEREAS, the City desires to retain an engineering firm to perform engineering services
for the City as such services are needed over time ("Engineering Services"); and
WHEREAS, M.E. Simpson Co., Inc. ("Consultant") has performed Engineering Services
for the City in the past to the City’s satisfaction; and
WHEREAS, the City desires to enter into a master contract with Consultant to perform
Engineering Services as required by the City ("Master Contract") pursuant to task orders issued
by the City in accordance with Chapter 10 of Title 1 of the City Code of the City of Des Plaines,
the City’s purchasing policy, and the Master Contract; and
WHEREAS, in accordance with Chapter 10 of Title 1 of the City Code of the City of Des
Plaines and the City purchasing policy, City staff has determined that the procurement of the
Engineering Services does not require competitive bidding because the Engineering Services
require a high degree of professional skill and judgment where the ability or fitness of the
individual plays an important part; and
WHEREAS, the City Council has determined that is in the best interest of the City to enter
into the Master Contract with Consultant;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des
Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows:
SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part
of, this Resolution as findings of the City Council.
SECTION 2: APPROVAL OF MASTER CONTRACT. The City Council hereby
approves the Master Contract in substantially the form attached to this Resolution as Exhibit A,
and in a final form to be approved by the General Counsel.
SECTION 3: AUTHORIZATION TO EXECUTE MASTER CONTRACT. The City
Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on
behalf of the City, the final Master Contract only after receipt by the City Clerk of at least two
executed copies of the Master Contract from Consultant; provided, however, that if the City Clerk
Page 2 of 27
2
does not receive such executed copies of the Master Contract from Consultant within 30 days after
the date of adoption of this Resolution, then this authority to execute and seal the Master Contract
shall, at the option of the City Council, be null and void.
SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from
and after its passage and approval according to law.
PASSED this _____ day of ____________, 2019.
APPROVED this _____ day of _____________, 2019.
VOTE: AYES _____ NAYS _____ ABSENT _____
MAYOR
ATTEST: Approved as to form:
CITY CLERK Peter M. Friedman, General Counsel
DP-Resolution Approving Master Contract with ME Simpson for Professional Engineering Services 2019
Page 3 of 27
Master Contract
Between the City of Des Plaines
And M.E. Simpson Co., Inc.
For Professional Engineering Services
Exhibit A Page 4 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
i
Master Contract
Between the City of Des Plaines
And M.E. Simpson Co., Inc.
For Professional Engineering Services
TABLE OF CONTENTS
Page
ARTICLE 1. THE SERVICES ........................................................................................................1
1.1 Intent; Conflicts. ......................................................................................................1
1.2 Task Orders. .............................................................................................................1
1.3 Project Time. ............................................................................................................1
1.4 Term; Extensions. ....................................................................................................1
1.5 No Guarantee of Work; Other Contracts. ................................................................1
1.6 Responsibility of Consultant to Perform..................................................................1
1.7 Financial Ability to Perform. ....................................................................................2
ARTICLE 2. COMPENSATION AND PAYMENT ......................................................................2
2.1 Pricing Schedule. .....................................................................................................2
2.2 Monthly Payment; Invoices. ....................................................................................2
2.3 Taxes. .......................................................................................................................3
2.4 Final Payment. .........................................................................................................3
2.5 Deductions. ..............................................................................................................3
2.6 Use of Deducted Funds. ...........................................................................................3
2.7 Keeping Books and Accounts. .................................................................................3
ARTICLE 3. PERFORMANCE OF PROJECT AND SERVICES ................................................4
3.1 Standard of Performance..........................................................................................4
3.2 Correction of Defects. ..............................................................................................4
3.3 Risk of Loss. ............................................................................................................4
3.4 Opinions of Probable Cost. ......................................................................................4
3.5 Responsibility for Work by Contractors. .................................................................4
3.6 City Responsibilities. ...............................................................................................5
3.7 Time of the Essence. ................................................................................................6
Exhibit A Page 5 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
ii
3.8 Suspension of Services, Project. ..............................................................................6
ARTICLE 4. TASK CHANGE ORDERS; DELAYS .....................................................................6
4.1 Task Change Orders. ................................................................................................6
4.2 Revision Notices. .....................................................................................................6
4.3 Disagreements over Task Change Order Terms. .....................................................6
4.4 No Change in Absence of Task Change Order. .......................................................6
4.5 Delays. .....................................................................................................................7
ARTICLE 5. INSURANCE .............................................................................................................7
5.1 Insurance. .................................................................................................................7
5.2 Scope of Coverage. ..................................................................................................7
5.3 Minimum Limits of Coverage. ................................................................................7
5.4 Deductibles and Self-Insured Retentions. ................................................................8
5.5 Additional Requirements. ........................................................................................8
5.6 Verification of Coverage..........................................................................................9
5.7 Sub-Consultants and Suppliers. ...............................................................................9
ARTICLE 6. INDEMNIFICATION ................................................................................................9
6.1 Agreement to Indemnify. .........................................................................................9
6.2 Notice of Claim to Consultant. ..............................................................................10
6.3 No Limit Based on Insurance. ...............................................................................10
6.4 Withholding Payment. ...........................................................................................10
6.5 Limit on Duty to Indemnify. ..................................................................................10
ARTICLE 7. INFORMAL DISPUTE RESOLUTION .................................................................10
7.1 Dispute Resolution Panel. ......................................................................................10
7.2 Communications in Nature of Settlement. .............................................................10
7.3 Performance of Services. .......................................................................................10
ARTICLE 8. TERMINATION ......................................................................................................11
8.1 Master Contract is At-Will.....................................................................................11
8.2 Termination by City for Breach. ............................................................................11
8.3 City Remedies. .......................................................................................................11
8.4 Termination for Convenience. ...............................................................................11
8.5 Termination by Consultant for Breach. .................................................................11
8.6 Termination by Consultant without Cause. ...........................................................12
Exhibit A Page 6 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
iii
ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS .......................12
9.1 Consultant as Independent Consultant. ..................................................................12
9.2 Compliance with Laws; Communications with Regulators...................................12
9.3 Consultant Payments; Waivers of Liens. ...............................................................12
9.4 Permits and Licenses..............................................................................................12
9.5 Safety; Hazardous Materials. .................................................................................12
9.6 Intellectual Property. ..............................................................................................13
9.7 Confidential Information. ......................................................................................13
9.8 Ownership of Data and Documents. ......................................................................13
9.9 Copyrights and Patents. .........................................................................................13
9.10 Notices. ..................................................................................................................14
9.11 No Waiver by City. ................................................................................................14
9.12 No Third-Party Beneficiaries. ................................................................................14
9.13 Survival of Terms. .................................................................................................14
9.14 Assignments. ..........................................................................................................14
9.15 Amendments. .........................................................................................................14
9.16 Governing Law. .....................................................................................................14
9.17 Compliance with Laws, Grant Regulations. ..........................................................15
9.18 Representation of No Conflicts. .............................................................................15
9.19 No Collusion. .........................................................................................................15
Exhibit A Page 7 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-1-
Master Contract
Between The City of Des Plaines
And M.E. Simpson Co., Inc.
For Professional Engineering Services
This contract (the “Master Contract”) is dated as of January 22, 2019 (the “Effective
Date”) and is by and between the City of Des Plaines (the “City”) and M.E. Simpson Co., Inc. (the
“Consultant”).
In consideration of the mutual covenants and promises contained herein, the parties agree as
follows:
ARTICLE 1. THE SERVICES
1.1 Intent; Conflicts. It is the intent of the parties that this Master Contract govern the
relationship of the parties. Specific terms related to a project will be contained in a task order as
provided in Section 1.2. In the event of a conflict between the provisions of this Master Contract
and any task order, then provisions of this Master Contract will apply and control.
1.2 Task Orders. The Consultant will perform services for the City from time to time
as set forth in written task orders issued by the City on a project-by-project basis (the “Services”),
provided, however, that any task order in an amount exceeding $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 three years after the Effective Date unless terminated earlier pursuant to Article 8 of
this Master Contract (the “Term”). All terms of this Master Contract, including without
limitation pricing terms, are firm during the Term, unless a change is explicitly agreed to by the
City in a Task Order. The Parties may extend this Contract for two additional one-year periods
(each an “Extended Term”). Pricing terms may be adjusted by agreement at the beginning of an
Extended Term.
1.5 No Guarantee of Work; Other Contracts. This Master Contract does not guarantee
that the Consultant will be awarded Projects by the City, and the City has no duty or obligation
to award Projects to the Consultant. Also, the City may enter into master contracts with other
consultants, pursuant to which the City may award work from time to time at the City’s
discretion.
Exhibit A Page 8 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-2-
1.6 Responsibility of Consultant to Perform. The Consultant must provide all
personnel necessary to complete the Services. The Consultant must perform the Services with
its own personnel and under the management, supervision, and control of its own organization
unless otherwise approved by the City in writing. All sub-consultants and supplies used by the
Consultant in the performance of Services must be acceptable to, and approved in advance by,
the City. The City’s approval of any sub-consultant or supplier will not relieve the Consultant
of full responsibility and liability for the provision, performance, and completion of the Services
in full compliance with, and as required by or pursuant to, this Master Contract and the relevant
Task Order. All Services performed by any sub-consultant or supplier are subject to all of the
provisions of this Master Contract and the relevant Task Order in the same manner as if
performed directly by the Consultant. If any sub-consultant or supplier fails to properly perform
any Services undertaken by it in compliance with this Master Contract or the relevant Task
Order, then the Consultant, immediately on notice from the City, must remove that sub-
consultant or supplier and undertake the Services itself or replace the sub-consultant or supplier
with a sub-consultant or supplier acceptable to the City. The Consultant will have no claim for
damages, for compensation in excess of the Compensation, or for delay or extension of the
Project Schedule as a result of any such removal or replacement.
1.7 Financial Ability to Perform. Each time when executing a Task Order, the
Consultant represents and declares that it is financially solvent, has the financial resources
necessary, has sufficient experience and competence, and has the necessary capital, facilities,
organization, and staff necessary to provide, perform, and complete the Project set forth in the
Task Order in full compliance with, and as required by or pursuant to, the Task Order and this
Master Contract
ARTICLE 2. COMPENSATION AND PAYMENT
2.1 Pricing Schedule. As compensation for the performance of the Services
(“Compensation”), the City will pay the Consultant the amounts set forth in Attachment B
attached to and by this reference incorporated into this Master Contract (the “Pricing Schedule”).
The Parties may agree to different or additional pricing terms in a Task Order (“Project-Specific
Pricing”). Except for the Compensation and any Project-Specific Pricing, the City will have no
liability for any expenses or costs incurred by the Consultant.
2.2 Monthly Payment; Invoices. The Compensation for a Project will be paid in
monthly installments. The Consultant must submit to the City, on a monthly basis unless the
Parties agree in a Task Order to a different schedule, a written invoice for payment for completed
work. The City may specify the specific day of the month on or before which invoices must be
filed. Each invoice must be accompanied by receipts, vouchers, and other documents as
necessary to reasonably establish the Consultant’s right to payment of the Compensation stated
in the invoice. In addition, each invoice must include (a) employee classifications, rates per
hour, and hours worked by each classification and, if the Project is to be performed in separate
phases, for each phase, (b) total amount billed in the current period and total amount billed to
date and, if the Project is to be performed in separate phases, for each phase, and (c) the estimated
percent completion of the Project and, if the Project is to be performed in separate phases, for
each phase.
Exhibit A Page 9 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-3-
2.3 Taxes. The Compensation includes applicable federal, State of Illinois, and local
taxes of every kind and nature applicable to the services provided by the Consultant and all taxes,
contributions, and premiums for unemployment insurance, old age or retirement benefits,
pensions, annuities, or other similar benefits. The Consultant will never have a claim or right to
claim additional compensation by reason of the payment of any such tax, contribution, premium,
costs, royalties, or fees.
2.4 Final Payment. A Project, or a phase of a Project, will be considered complete on
the date of final written acceptance by the City of the Services or the relevant phase of the
Services. Services related to a submission of the Consultant will be deemed accepted by the City
if the City does not object to those Services in writing within 30 days after the submission by the
Consultant of an invoice for final acceptance and payment. The City will make final payment
to the Consultant within 30 days after final acceptance of the Services and any Project-Specific
Compensation, after deducting therefrom charges, if any, as provided in this Master Contract or
the relevant Task Order (“Final Payment”). The acceptance by the Consultant of Final Payment
will operate as a full and complete release of the City by the Consultant of and from any and all
lawsuits, claims, or demands for further payment of any kind for the Services encompassed by
the Final Payment.
2.5 Deductions. Notwithstanding any other provision of this Master Contract, the City
may deduct and withhold from any payment or from Final Payment such amounts as may
reasonably appear necessary to compensate the City for any loss due to (1) Services that are
defective, nonconforming, or incomplete, (2) liens or claims of lien, (3) claims against the
Consultant or the City made by any of the Consultant’s sub-consultants or suppliers or by other
persons about the Services, regardless of merit, (4) delay by the Consultant in the completion of
the Services, (5) the cost to the City, including without limitation reasonable attorneys’ fees, of
correcting any of the matters stated in this Section or exercising any one or more of the City’s
remedies set forth in Section 8.3 of this Master Contract. The City will notify the Consultant in
writing given in accordance with Section 9.10 of this Master Contract of the City’s determination
to deduct and withhold funds, which notice will state with specificity the amount of, and reason
or reasons for, such deduction and withholding.
2.6 Use of Deducted Funds. The City will be entitled to retain any and all amounts
withheld pursuant to Section 2.5 above until the Consultant either has performed the obligations
in question or has furnished security for that performance satisfactory to the City. The City will
be entitled to apply any money withheld or any other money due to the Consultant to reimburse
itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, and
reasonable attorneys’ fees (collectively “Costs”) incurred, suffered, or sustained by the City and
chargeable to the Consultant under this Contract.
2.7 Keeping Books and Accounts. The Consultant must keep accounts, books, and
other records of all its billable charges and costs incurred in performing Services in accordance
with generally accepted accounting practices, consistently applied, and in such manner as to
permit verification of all entries. The Consultant must make all such material available for
inspection by the City, at the office of the Consultant during normal business hours during the
Exhibit A Page 10 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-4-
Term and for a period of three years after termination of this Master Contract. Copies of such
material must be furnished to the City at the City’s request and expense.
ARTICLE 3. PERFORMANCE OF PROJECT AND SERVICES
3.1 Standard of Performance. The Consultant must perform the Services in a manner
consistent with the degree of care and skill ordinarily exercised by members of the same
profession currently practicing under similar circumstances in the Chicago Metropolitan Region
(the “Standard of Performance”). All Services must be free from defects and flaws, must
conform to the requirements of this Master Contract and applicable Task Order, and must be
performed in accordance with the Standard of Performance. The Consultant is fully and solely
responsible for the quality, technical accuracy, completeness, and coordination of all Services,
unless specifically provided otherwise in a Task Order.
3.2 Correction of Defects. The Consultant must provide, for no additional
Compensation and at no separate expense to the City, all work required to correct any defects or
deficiencies in the performance of Services, regardless of whether the defect or deficiency relates
to the work of the Consultant or of the Consultant’s sub-consultants or suppliers, so long as that
notice of the defects is given by the City to the Consultant within two years after completion of
the Services.
3.3 Risk of Loss. The Consultant bears the risk of loss in providing all Services. The
Consultant is responsible for any and all damages to property or persons caused by any
Consultant error, omission, or negligent act and for any losses or costs to repair or remedy any
work undertaken by the City based on the Services as a result of any such error, omission, or
negligent act. Notwithstanding any other provision of this Master Contract or any Task Order,
the Consultant’s obligations under this Section 3.3 exist without regard to, and may not be
construed to be waived by, the availability or unavailability of any insurance, either of the City
or the Consultant, to indemnify, hold harmless, or reimburse the Consultant for damages, losses,
or costs.
3.4 Opinions of Probable Cost. The Parties recognize that neither the Consultant nor
the City has control over the costs of labor, materials, equipment, or services furnished by others
or over competitive bidding, market or negotiating conditions, or construction contractors’
methods of determining their prices. Accordingly, any opinions of probable costs provided
under this Master Contract or a Task Order are considered to be estimates only, made on the
basis of the Consultant’s experience and qualifications, and those opinions represent the
Consultant’s best judgment as an experienced and qualified professional, familiar with the
industry. The Consultant does not guaranty that proposals, bids, or actual costs will not vary
from the opinions prepared by the Consultant.
3.5 Responsibility for Work by Contractors. Except as provided in a Task Order, and
subject to the next sentence of this Section 3.5, the Consultant is not responsible for a contractor’s
construction means, methods, techniques, sequences or procedures, time of performance,
compliance with law, or safety precautions and programs, and the Consultant does not guarantee
the performance of a contractor. Nothing in the previous sentence may be construed or applied
Exhibit A Page 11 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-5-
to limit the responsibility of the Consultant to properly perform, or the liability of the Consultant
for failure to properly perform, all of the Services required by the Consultant under this Master
Contract or a Task Order, which Services may include contract and work oversight, inspections
of work performed by a contractor, contract compliance services, and similar services.
3.6 City Responsibilities. Except as provided in this Master Contract or in a Task
Order, the City, at its sole cost and expense, will have the following responsibilities:
(a) To designate a person with authority to act as the City’s representative on each
Project. In the absence of a written designation, the City’s representative will be the City’s
Director of Public Works and Engineering. The City’s representative will have the authority to
act on behalf of the City as provided in a Task Order, except on matters that require approval of
the City Council.
(b) To provide to the Consultant all criteria and information about the requirements for
a Project or Services, including, as relevant, the City’s objectives and constraints, schedule, space,
capacity and performance requirements, and budgetary limitations.
(c) To provide to the Consultant existing studies, reports, and other available data
relevant to a Project.
(d) To arrange for access to, and make provisions for the Consultant to enter on, public
and private property as reasonably required for a Project.
(e) To provide, as relevant, surveys describing physical characteristics, legal
limitations, and utility locations for a Project and the services of other consultants when the
services of other consultants are requested by the Consultant and are necessary for the performance
of the Services.
(f) To provide structural, mechanical, chemical, air and water tests, tests for hazardous
materials, and other laboratory and environmental tests, inspections, and reports required by law
to be provided by the City in connection with a Project, except the extent such tests, inspections,
or reports are part of the Services.
(g) To review reports, documents, data, and all other information presented by the
Consultant as appropriate.
(h) To provide approvals from all governmental authorities having jurisdiction over a
Project when requested by the Consultant, except the extent such approvals are part of the Services.
(i) To provide, except as provided under Article 5 and Article 6 of this Master
Contract, all accounting, insurance, and legal services as may be necessary from time to time in
the judgment of the City to protect the City’s interests with respect to a Project.
(j) To attend Project-related meetings.
Exhibit A Page 12 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-6-
(k) To give prompt written notice to the Consultant whenever the City observes or
otherwise becomes aware of any development that affects the scope or timing of Services, except
that the inability or failure of the City to give any such a notice will not relieve the Consultant of
any of its responsibilities under this Master Contract or any Task Order.
3.7 Time of the Essence. Time is of the essence for each Project and all activities with
regard to the performance of a Project.
3.8 Suspension of Services, Project. The City, at any time and for any reason, may
suspend work on any or all Services or Project by issuing a written work suspension notice to
the Consultant. The Consultant must stop the performance of all Services within the scope of
the suspension notice until the City directs the Consultant in writing to resume performance.
ARTICLE 4. TASK CHANGE ORDERS; DELAYS
4.1 Task Change Orders. The City, from time to time, may issue a written order
modifying or otherwise changing the scope of the Services included in a Task Order (a “Task
Change Order”) provided, however, that any Task Change Order in an amount exceeding
$10,000 must be approved by the City Council. The Task Change Order will be generally in the
form attached to and by this reference incorporated into this Master Contract as Attachment C.
The Consultant may request a Task Change Order based on a material change to a Project or any
Services required as part of a Project. A Task Change Order may include additions to and
deletions from the Services and will include any equitable increases or decreases to the
Compensation for the Project.
4.2 Revision Notices. Within 10 days after the date of a Task Change Order, and in
any event before the Consultant begins work on any changed Services, the Consultant must
notify the City in writing if the Consultant desires a revision to the Task Change Order (a
“Revision Notice”). The Revision Notice must clearly state the Consultant’s requested revisions
and the reasons for the revisions. If the City agrees to any revision, then the City will issue a
revised Task Change Order in a form acceptable to the Parties. If the Consultant does not submit
a Revision Notice within the 10-day period, then the Consultant will be deemed to have accepted
the Task Change Order and the Task Change Order will be final.
4.3 Disagreements over Task Change Order Terms. If the City and the Consultant
cannot agree on the proposed revisions to the Compensation or Project Schedule terms of a Task
Change Order, then the Parties will apply the dispute resolution provisions of this Master
Contract in order to reach agreement. In that event, the Consultant must proceed diligently with
the revised Services as directed by City pending resolution of the disagreement. The Consultant
will be compensated equitably for the work the Consultant undertakes during the disagreement
resolution process.
4.4 No Change in Absence of Task Change Order. No claim for an adjustment in
Compensation or Project Schedule will be made or allowed unless it is embodied in a Task
Change Order signed by the City and the Consultant. If the Consultant believes it is entitled to
an adjustment in the Compensation or Project Schedule terms that has not been included, or fully
Exhibit A Page 13 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-7-
included, in a Task Change Order, then the Consultant may submit to the City a written request
for the issuance of, or revision of, a Task Change Order including the desired adjustment. The
Consultant’s request must be submitted before the Consultant proceeds with any Services for
which an adjustment is desired.
4.5 Delays. If a delay in providing Services results from one or more causes that could
not be avoided or controlled by the Consultant, then the Consultant may be entitled to an
extension of the Project Schedule for a period of time equal to that delay, or an adjustment in
Compensation for extra costs related to the delay, or both. The Consultant must notify the City
in writing within 10 days after the start of the delay and again in writing within 10 days after the
delay has ended (the “Delay Period”). The first notice must state the cause or causes of the delay
and the impact of the delay on providing Services. The second notice must state the cause or
causes of the delay, the length of the day, the reasons why the delay disrupted performance of
the Services and the Consultant’s request, if any, for a change in Compensation or Project
Schedule. If the Consultant fails to submit notices as provided in this Section 4.5, then the
Consultant will be deemed to have waived any right to an adjustment in Compensation for the
Services.
ARTICLE 5. INSURANCE
5.1 Insurance. The Consultant must procure and maintain, for the duration of this
Master Contract, insurance as provided in this Article 5.
5.2 Scope of Coverage.
(a) Commercial General Liability. Insurance Services Office Commercial General
Liability occurrence form CG 0001, on a form at least as broad as the attached sample endorsement
including ISO Additional Insured Endorsement CG 2010 (Exhibit A), CG 2026(Exhibit B).
(b) Automobile Liability. Insurance Service Office Business Auto Liability coverage
form number CA 0001, Symbol 01 “Any Auto.”
(c) Professional Liability. Indemnification and defense for injury or damage arising
out of negligent acts, errors, or omissions in providing professional services.
(d) Workers’ Compensation and Employers’ Liability. Workers’ Compensation as
required by the Workers’ Compensation Act of the State of Illinois and Employers’ Liability
insurance.
5.3 Minimum Limits of Coverage.
(a) Commercial General Liability. $1,000,000 combined single limit per occurrence
for bodily injury and for property damage and $1,000,000 per occurrence for personal injury. The
general aggregate must be twice the required occurrence limit. Minimum General Aggregate must
be no less than $2,000,000 or a project-contract specific aggregate of $1,000,000.
Exhibit A Page 14 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-8-
(b) Business Automobile Liability. $1,000,000 combined single limit per accident for
bodily injury and property damage.
(c) Workers’ Compensation and Employers’ Liability. Workers’ Compensation
Coverage with statutory limits and Employers’ Liability limits of $500,000 per accident.
(d) Professional Liability. $1,000,000 each claim with respect to negligent acts, errors,
and omissions in connection with all professional services to be provided under this Master
Contract and any Task Order, with a deductible not-to-exceed $150,000 without prior written
approval.
5.4 Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the option of the City, either the
insurer must reduce or eliminate such deductibles or self-insured retentions with respect to the
City and its officials, employees, agents, and representatives or the Consultant must procure a
bond guaranteeing payment of losses and related investigation, claim administration, and defense
expenses. This provision does not apply to Paragraph 5.3(d) above.
5.5 Additional Requirements. The insurance policies must contain, or be endorsed to
contain, the following provisions:
(a) Commercial General Liability and Automobile Liability Coverage. The City and
its officials, employees, agents, and representatives must be covered as additional insured as
respects: liability arising out of the Consultant’s work, including without limitation activities
performed by or on behalf of the Consultant and automobiles owned, leased, hired, or borrowed
by the Consultant. Coverage must contain no special limitations on the scope of protection
afforded to the City or its officials, employees, agents, and representatives.
(b) Primary Coverage. The insurance coverage must be primary with respect to the
City and its officials, employees, agents, and representatives. Any insurance or self-insurance
maintained by the City and its officials, employees, agents, and representatives will be excess of
the Consultant’s insurance and will not contribute with it.
(c) Reporting Failures. Any failure to comply with reporting provisions of any policy
must not affect coverage provided to the City and its officials, employees, agents, and
representatives.
(d) Severability of Interests/Cross Liability. The insurance must contain a Severability
of Interests/Cross Liability clause or language stating that the insurance will apply separately to
each insured against whom claim is made or suit is brought, except with respect to the limits of
the insurer’s ability.
(e) Umbrella Policies. If any commercial general liability insurance is being provided
under an excess or umbrella liability policy that does not “follow form,” then the Consultant must
name the City and its officials, employees, agents, and representatives as additional insureds under
the umbrella policy.
Exhibit A Page 15 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-9-
(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.
(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
Exhibit A Page 16 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-10-
employees or sub-consultants or that may in any way result therefrom, except only Claims arising
out of the sole legal cause of the City; and
(b) Against all injuries, deaths, loss, damages, claims, suits, liabilities, judgments,
costs, and expenses (collectively “General Liability Claims”), that may in any way accrue against
the Indemnified Parties or any one of them arising in whole, or in part, or in consequence of the
negligent act or omission of the Consultant or its employees or sub-consultants other than any
professional Service or that may in any way result therefrom, except only General Liability Claims
arising out of the sole legal cause of the City.
6.2 Notice of Claim to Consultant. The City must provide notice of a Claim to the
Consultant within 10 business days after the City acquires knowledge of that Claim.
6.3 No Limit Based on Insurance. The Consultant expressly acknowledges and agrees
that any performance bond or insurance policy required by this Contract, or otherwise provided
by the Consultant, will in no way limit the responsibility to indemnify and defend the
Indemnified Parties or any one of them.
6.4 Withholding Payment. To the extent that any payment is due to the Consultant
under this Contract, the City may withhold that payment to protect itself against any loss until
all claims, suits, or judgments have been settled or discharged and evidence to that effect has
been furnished to the satisfaction of the City.
6.5 Limit on Duty to Indemnify. The Consultant is not required to indemnify an
Indemnified Party to the extent a Claim resulted primarily from the negligence or willful
misconduct of the Indemnified Party.
ARTICLE 7. INFORMAL DISPUTE RESOLUTION
7.1 Dispute Resolution Panel. Any dispute between the City and the Consultant related
to this Master Contract or a Task Order will be submitted to a dispute resolution panel comprised
of two representatives of each Party who have been given the authority to agree to a resolution
of the dispute. The panel may meet or may conduct its discussions by telephone or other
electronic means. If the panel has failed to convene within two weeks after the request of either
Party, or is unable to resolve the dispute within 30 days, then either Party may exercise any other
rights it has under this Master Contract.
7.2 Communications in Nature of Settlement. All communications between the Parties
in connection with the attempted resolution of a dispute will be confidential and will deemed to
have been delivered in furtherance of dispute settlement and thus will be exempt from discovery
and production, and will not be admissible in evidence whether as an admission or otherwise, in
any arbitration, judicial, or other proceeding for the resolution of the dispute.
7.3 Performance of Services. During the dispute resolution process, the Consultant
must proceed diligently with the performance of Services.
Exhibit A Page 17 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-11-
ARTICLE 8. TERMINATION
8.1 Master Contract is At-Will. This Master Contract is at-will and may be terminated
by the City at any time at the City’s convenience, without reason or cause. If the City terminates
this Master Contract without reason or cause, then the Consultant will be entitled to
Compensation for all Service performed by the Consultant up to the date of termination. The
Consultant is not entitled to compensation of any kind, including without limitation for lost
profit, for any Services not performed by the Consultant.
8.2 Termination by City for Breach. The City at any time, by written notice, may
terminate this Master Contract and any Task Order on account of breach by the Consultant and
failure of the Consultant to cure the breach within 10 days after that written notice or such further
time as the City may agree, in the City’s sole discretion, in response to a written notice from the
Consultant seeking additional time to cure. “Breach” by the Consultant includes (a) failure of
the Consultant to adhere to any terms or conditions of this Master Contract or any Task Order,
(b) failure of the Consultant to properly perform Services, (c) or failure of the Consultant to
maintain progress in the performance of Services so as to endanger proper performance of the
Project within the Project Schedule, (d) failure of the Consultant to have or maintain adequate
financial or legal capacity to properly complete a Project or any Services.
8.3 City Remedies. If the City terminates this Master Contract or any Task Order for
Breach by the Consultant, then the City will have the right, at its election and without prejudice
to any other remedies provided by law or equity, to pursue any one or more of the following
remedies:
(a) The City may recover from the Consultant any and all costs, including without
limitation reasonable attorneys’ fees, incurred by the City as the result of any Breach or as a result
of actions taken by the City in response to any Breach.
(b) The City may withhold any or all outstanding Compensation under any Task Order
to reimburse itself or pay for any and all costs, including without limitation reasonable attorneys’
fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in
response to any Breach. In that event, the City will pay any excess funds to the Consultant, if any,
after all of the City’s costs are reimbursed or paid. If the Compensation withheld by the City is
insufficient to reimburse the City for, or pay, all costs, then the City will has the right to recover
directly from the Consultant a sum of money sufficient to reimburse itself, or pay, all remaining
costs.
8.4 Termination for Convenience. If, after termination of this Master Contract by the
City for breach, it is determined that the Consultant was not in breach or that the termination
otherwise was irregular or improper, then the termination shall be deemed to have been made
for the convenience of the City under Section 8.1 of this Master Contract.
8.5 Termination by Consultant for Breach. The Consultant at any time, by written
notice, terminate this Master Contract on account of failure by the City to properly pay the
Consultant and failure of the City to cure the breach within 10 days after that written notice or
Exhibit A Page 18 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-12-
such further time as the Consultant may agree, in the Consultant’s sole discretion, in response to
a written notice from the City seeking additional time to cure.
8.6 Termination by Consultant without Cause. The Consultant may terminate this
Master Contract without cause on 30 days written notice to the City, except that no such
termination will become effective until after the Consultant has completed, and the City has
approved and accepted, all Projects for which Task Orders have been issued and all Services
related to those Projects.
ARTICLE 9. LEGAL RELATIONSHIPS
AND GENERAL REQUIREMENTS
9.1 Consultant as Independent Consultant. For purposes of this Contract, the
Consultant is an independent consultant and is not, and may not be construed or deemed to be
an employee, agent, or joint venturer of the City.
9.2 Compliance with Laws; Communications with Regulators. The Consultant must
comply with all statutes, ordinances, codes, and regulations applicable to the Services. Except to
the extent expressly set forth in this Master Contract or a Task Order, the Consultant may not
communicate directly with applicable governmental regulatory agencies with regard to Services
without prior express authorization from the City. The Consultant must direct inquiries from
governmental regulatory agencies to the City for appropriate response.
9.3 Consultant Payments; Waivers of Liens. The Consultant must pay promptly for all
services, labor, materials, and equipment used or employed by the Consultant in the performance
of any Services and must not cause any materials, equipment, structures, buildings, premises,
and property of the City to be impressed with any mechanic’s lien or other liens. The Consultant,
if requested, must provide the City with reasonable evidence that all services, labor, materials,
and equipment have been paid in full and with waivers of lien as appropriate.
9.4 Permits and Licenses. Unless otherwise provided in a Task Order, the Consultant
must obtain and pay for all permits and licenses, registrations, qualifications, and other
governmental authorizations required by law that are associated with the Consultant’s
performance of Services.
9.5 Safety; Hazardous Materials.
(a) Protection of Health, Environment. The Consultant’s personnel must be
experienced and properly trained to perform the Services and must take adequate precautions to
protect human health and the environment in the performance of Services.
(b) Notice of Hazardous Conditions. If the Consultant observes a potentially hazardous
condition relating to the Services, the Consultant must bring that condition to the attention of the
City.
(c) Hazardous Materials. The Consultant acknowledges that there may be hazardous
substances, wastes, or materials as defined by applicable Law (“Hazardous Materials”) at a Project
Exhibit A Page 19 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-13-
site or otherwise associated with Services, and the Consultant under those circumstances must take
appropriate precautions to protect its employees, sub-consultants, and suppliers.
9.6 Intellectual Property. The Consultant may not infringe on any intellectual property
(including but not limited to patents, trademarks, or copyrights) (collectively “Intellectual
Property”) in the performance of Services. If ever the Consultant is alleged to have infringed on
any Intellectual Property, then, in addition to the Consultant’s obligations to indemnify
Indemnified Parties under this Master Contract, the Consultant also, at the sole discretion of the
City and at the Consultant’s sole expense (a) procure for the City the right to continue using the
infringing subject matter, or (b) replace or modify the infringing subject matter so that it becomes
non-infringing but still complies with the requirements of this Master Contract and the relevant
Task Order, or (c) reimburse the City for all payments made to the Consultant relating to or
impacted by the infringing material and all costs incurred by City resulting from such
infringement.
9.7 Confidential Information. All information and data disclosed by the City and
developed or obtained under this Master Contract must be treated by the Consultant as
proprietary and confidential information (“Confidential Information”). The Consultant must not
disclose Confidential Information without the City’s prior written consent. No person may use
Confidential Information for any purpose other than for the proper performance of Services. The
obligations under this Section 9.7 does not apply to Confidential Information that is (i) in the
public domain without breach of this Contract, (ii) developed by the Consultant independently
from this Master Contract, (iii) received by the Consultant on a non-confidential basis from
others who had a right to disclose the information, or (iv) required by law to be disclosed, but
only after prior written notice has been received by City and City has had a reasonable
opportunity to protect disclosure of the Confidential Information. The Consultant must ensure
that the foregoing obligations of confidentiality and use extend to and bind the Consultant’s sub-
consultants and suppliers.
9.8 Ownership of Data and Documents. All data and information, regardless of its
format, developed or obtained under this Master Contract (collectively “Data”), other than the
Consultant’s confidential information, will be and remain the sole property of the City. The
Consultant must promptly deliver all Data to the City at the City’s request. The Consultant is
responsible for the care and protection of the Data until that delivery. The Consultant may retain
one copy of the Data for the Consultant’s records subject to the Consultant’s continued
compliance with the provisions of this Article.
9.9 Copyrights and Patents. The Consultant agrees not to assert, or to allow persons
performing under the Consultant’s control to assert, any rights to Data or establish any claim
under design, patent, or copyright laws. It is expressly agreed that all copyrightable or patentable
Data produced as part of Services has been specifically commissioned by the City and is
considered “work for hire,” and that all copyrightable and other proprietary rights in that Data
will vest solely in the City. Further, the Consultant agrees that all rights under copyright and
patent laws under this Master Contract belong to the City. The Consultant hereby assigns any
and all rights, title, and interests under copyright, trademark, and patent law to the City and
agrees to assist the City in perfecting the same at the City’s expense.
Exhibit A Page 20 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-14-
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:
M.E. Simpson Co., Inc. M.E. Simpson Co., Inc.
3406 Enterprise Avenue 3406 Enterprise Avenue
Valparaiso, IN 46383 Valparaiso, IN 46383
Attn: Carlos Covarrubias Attn: Mike Simpson
or to such other address as the party to whom notice is to be given has furnished in writing.
9.11 No Waiver by City. No act, order, approval, acceptance, or payment by the City,
nor any delay by the City in exercising any right under this Master Contract, will constitute or
be deemed to be an acceptance of any defective, damaged, flawed, unsuitable, nonconforming,
or incomplete Services or operate to waive any requirement or provision of this Master Contract
or any remedy, power, or right of the City.
9.12 No Third-Party Beneficiaries. This Master Contract is for the benefit of the City
and the Consultant only and there can be no valid claim made or held against the City or the
Consultant by any third party to be a beneficiary under this Master Contract.
9.13 Survival of Terms. The following sections will survive the termination of this
Master Contract: 2.7, 3.2, 6.1, 8.4, 9.7, 9.8, and 9.9.
9.14 Assignments. The Consultant may not assign or transfer any term, obligation, right,
or other aspect of this Master Contract without the prior express written consent of the City. If
any aspect of this Master Contract is assigned or transferred, then the Consultant will remain
responsible to the City for the proper performance of the Consultant’s obligations under this
Master Contract. The terms and conditions of any agreement by the Consultant to assign or
transfer this Master Contract must include terms requiring the assignee or transferee to fully
comply with this Master Contract unless otherwise authorized in writing by the City.
9.15 Amendments. This Master Contract may be amended only in writing executed by
the City and the Consultant.
9.16 Governing Law. The validity, construction, and performance of this Master
Contract and all disputes between the parties arising out of or related to this Contract will be
Exhibit A Page 21 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-15-
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 M.E. Simpson Co., Inc.
By: ______________________________ By: ______________________________
Name: ___Michael G. Bartholomew_______ Name: ______________________________
Title: ___City Manager ________________ Title: ______________________________
Exhibit A Page 22 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-1-
ATTACHMENT A
TASK ORDER
In accordance with Section 1.2 of the Master Contract dated ____________________, 20____
between the City of Des Plaines (the “City”) and M.E. Simpson Co., Inc. (the “Consultant”), the
Parties agree to the following Task Number ___:
1. Contracted Services:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________.
2. Project Schedule (attach schedule if appropriate):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________.
3. Project Completion Date:
All Contracted Services must be completed on or before: ___________________, 20___.
4. Project Specific Pricing (if applicable):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________.
5. Additional Changes to the Master Contract (if applicable):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED
[signature page follows]
Exhibit A Page 23 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-2-
CITY CONSULTANT
_______________________________ __________________________________
Signature Signature
Director of Public Works __________________________________
And Engineering Name (Printed or Typed)
____________________, 20____ ____________________, 20____
Date Date
If greater than, $2,500, the City Manager’s signature is required.
______________________________________
Signature
City Manager
____________________, 20____
Date
If compensation greater than $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 24 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-1-
ATTACHMENT B
PRICING SCHEDULE
The City shall pay Consultant as compensation for Services (“Compensation”). A Scope of Work
detailing the Services and an associated Not-To-Exceed amount will be defined for each Task
Order. Compensation up to the Not-To-Exceed amount for each Task Order shall be based on the
actual hours worked on the project by M.E. Simpson staff times the appropriate category’s billing
rate as shown below.
M.E. Simpson Hourly Rates - 2019
Normal Business Hours (6:30am – 4:30pm)
Field Teams (includes vehicles and equipment) - $235 per hour
Administration (includes oversight and QA/QC) - $85 per hour
Emergency After Hours (4:30pm – 6:30am, weekends and holidays)
Field Teams (includes vehicles and equipment) - $305 per hour
Administration (including oversight and QA/QC) - $90 per hour
Billing rates for subsequent years will be adjusted to reflect annual salary rate adjustments.
Exhibit A Page 25 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
Task Change Order: Task Number ___
-1-
ATTACHMENT C
TASK CHANGE ORDER FOR TASK NUMBER ____
In accordance with Section 4.1 of the Master Contract dated _______________, 20____ between
the City of Des Plaines (the “City”) and ________________ (the “Consultant”), the Parties agree
to the following Task Change Order for Task Number ___:
1. Change in Contracted Services:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
2. Change in Project Schedule (attach schedule if appropriate):
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
3. Change in Project Completion Date:
All Contracted Services must be completed on or before ____________________, 20____
4. Change in Compensation:
___________________________________________________________________________
___________________________________________________________________________
5. Change in Project Specific Pricing (if applicable).
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
ALL OTHER TERMS AND CONDITIONS
OF THE CONTRACT REMAIN UNCHANGED
[signature page follows]
Exhibit A Page 26 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
Task Change Order: Task Number ___
-2-
CITY CONSULTANT
_______________________________ __________________________________
Signature Signature
Director of Public Works __________________________________
And Engineering Name (printed or typed)
____________________, 20____ ____________________, 20____
Date Date
If compensation increase greater than $2,500, then the City Manager’s signature is required.
_______________________________
Signature
City Manager
____________________, 20____
Date
If compensation greater than $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 27 of 27
Lease renewal
with
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5300
desplaines.org
Date: January 3, 2019
To: Michael G. Bartholomew, City Manager
From: Romeo Sora, Director Information Technology
Subject: Konica Minolta Multi-Function Copier Lease Agreement 2019
Issue: The 2019 budget includes funding for the City’s fourteen (14) multi-function copier lease agreement
with Konica Minolta Business Solutions U.S.A., Inc.
Analysis: On July 17, 2017, the City approved a three year lease renewal with Konica Minolta for the lease
of multi-function copiers. Expenditures under this lease must be approved by the City Council annually
based on appropriated and budgeted funds for the current fiscal year.
Recommendation: I recommend approval of the 2019 expenditure for the multi-function copier lease
agreement with Konica Minolta Business Solutions U.S.A., Inc., 100 Williams Drive Ramsey, NJ 07446 in
the amount of $49,644.00. This contract will be funded from the budgeted IT Replacement, Leases Account
(420-00-000-0000-6140).
Attachments:
Resolution – R- 27 -19
Exhibit A – Konica Minolta Multi-Function Lease Agreement
Page 1 of 32
1
CITY OF DES PLAINES
RESOLUTION R - 27 - 19
A RESOLUTION AUTHORIZING THE EXPENDITURE OF
FUNDS UNDER A LEASE WITH KONICA MINOLTA
PREMIER FINANCE AND A SERVICES AGREEMENT
WITH KONICA MINOLTA BUSINESS SOLUTIONS USA,
I N C .
WHEREAS, on July 17, 2017, the City Council adopted Resolution No. R-124-17,
approving and authorizing the execution of: (i) a three-year lease agreement ("Lease") with
Konica Minolta Premier Finance ("Lessor"), an affiliate of Konica Minolta Business Solutions
USA, Inc. (“Vendor”), for the lease of fourteen multi-function printers/copiers ("Multifunction
Printers"); and (ii) a three-year service agreement ("Service Agreement") with Vendor for the
procurement of maintenance and support services ("Services") for the Multifunction Printers; and
WHEREAS, on July 18, 2017, the City entered into the Lease with Lessor and the Services
Agreement with Vendor; and
WHEREAS, the City Council has appropriated funds in the IT Replacement Fund for use
by the Department of Information Technology during the 2019 fiscal year for the lease of the
Multifunction Printers from Lessor and the procurement of the Services from Vendor; and
WHEREAS, the City desires to make expenditures in the not-to-exceed amount of
$49,644 during the 2019 fiscal year for the lease of the Multifunction Printers from Lessor pursuant
to the Lease and the procurement of Services from Vendor pursuant to the Services Agreement;
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 $49,644 during the 2019 fiscal year for
the lease of the Multifunction Printers from Lessor and the procurement of the Services from
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 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 $49,644 during the 2019 fiscal year for
Page 2 of 32
2
the lease of the Multifunction Printers from Lessor pursuant to the Lease and the procurement of
Services from Vendor pursuant to the Services Agreement.
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 __________________, 2019.
APPROVED this _____ day of ______________, 2019.
VOTE: AYES _____ NAYS _____ ABSENT _____
MAYOR
ATTEST: A p p r o v e d a s t o f o r m :
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
DP-Resolution Approving Expenditure of Funds Under Lease with Konica Minolta (2019)
Page 3 of 32
Page 4 of 32Exhibit A
Page 5 of 32Exhibit A
Page 6 of 32Exhibit A
Page 7 of 32Exhibit A
Page 8 of 32Exhibit A
Page 9 of 32Exhibit A
Page 10 of 32Exhibit A
Page 11 of 32Exhibit A
Page 12 of 32Exhibit A
Page 13 of 32Exhibit A
Page 14 of 32Exhibit A
Page 15 of 32Exhibit A
Page 16 of 32Exhibit A
Page 17 of 32Exhibit A
Page 18 of 32Exhibit A
Page 19 of 32Exhibit A
Page 20 of 32Exhibit A