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06/03/2013I/CITY OFA `` IIA «. 18 35 MI 1' NJ/ DES PLAINES % ILLINOIS 7 Cite Council Agenda Monday, June 3, 2013 Executive Session — 6:30 p.m. Regular Session — 7:00 p.m. Room 102 CALL TO ORDER EXECUTIVE SESSION PENDING LITIGATION PROBABLE & IMMINENT LITIGATION REGULAR SESSION ROLL CALL PRAYER PLEDGE OF ALLEGIANCE CITIZEN PARTICIPATION (matters not on the Agenda) CITY CLERK ANNOUNCEMENTS ALDERMEN ANNOUNCEMENTS EXECUTIVE SESSION ACTION (if reported out) PENDING LITIGATION PROBABLE & IMMINENT LITIGATION DRAFT: 5/29/2013 3:43 PM Monday, June 3, 2013 City of Des Plaines City Council Agenda P a 2 e 12 CONSENT AGENDA: 1. Minutes/Regular Meeting — May 20, 2013 2. Minutes/Executive Session — May 20, 2013 3. Accept Approval of the 2013 Capital Improvement Program, Geotechnical Testing Proposal from Chicago Testing Laboratory, Inc., 1348 Ridge Avenue, Elk Grove Village, IL 60007 in the Amount of $37,424.00. Budgeted Funds — Motor Fuel Tax Fund, Professional Services 3a. RESOLUTION R-96-13/Approval of 2013 CIP, Geotechnical Testing Proposal from Chicago Testing Laboratory, Inc. 4. Award Bid of the 2013 CIP Street and Utility Improvements — Contract C to Lowest Responsible Bidder, Orange Crush, LLC, 321 South Center Street, Hillside, Illinois 60162 in the Amount of $2,838,929.35. Budgeted Funds — Capital Projects Fund, Improvements ($2,413,929.35) and Grant Funded Projects ($425,000) 4a. RESOLUTION R-97-13/Contract C 2013 Street & Utility Improvements Bid Award 5. Award Bid of the 2013 Multi -Space Pay Station Replacements Project to Sole Bidder Total Parking Solutions, 2721 Curtiss Street, Downers Grove, Illinois 60515 in the Amount of $82,410.00. Budgeted Funds — TIF #1 Fund, Equipment ($66,850) and Miscellaneous Contractual Services ($4,200) and Metra Leased Parking Fund, Repair and Maintenance of Equipment ($8,000) and Miscellaneous Contractual Services ($3,360) 5a. RESOLUTION R-98-13/Bid Award of 2013 Multi -Space Pay Station Replacements Project to Total Parking Solutions 6. Approve the Purchase of 16 Sets of Firefighting Turn -Out Gear from the Low -Quote Vendor, W. S. Darley Company of Itasca, Illinois in the Amount of $2,320.00 per set, for a total of $37,120.00, as Part of the Fire Department's Annual Gear Replacement Program. Budgeted Funds - Equipment Replacement Fund, Fire Department, Equipment <$5,000 6a. RESOLUTION R-99-13/Purchase of Annual Firefighting Turn -Out Gear END OF CONSENT AGENDA DRAFT: 5/29/2013 3:43 PM Monday, June 3, 2013 City of Des Plaines City Council Agenda COMMITTEE OF THE WHOLE 1. FINANCE & ADMINISTRATION — Alderman Dick Sayad, Chair a. Warrant Register in the Amount of $3,949,022.00 — RESOLUTION R-100-13 2. COMMUNITY DEVELOPMENT — Alderman Mark Walsten, Chair a. Tap House Grill Downtown Business Assistance Program — RESOLUTION R-101-13 IF NO ACTION IS TAKEN UNDER NEW BUSINESS, THESE ITEMS WILL APPEAR ON THE JUNE 17, 2013 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. FIRST READING/ORDINANCE Z-14-13/Conditional Use Permit for the Expansion of a Banquet Hall (Commercial Indoor Recreation — Dance Hall) within a Tent Structure, Case #13 -003 -CU at 2300 Mannheim Road 2. SECOND READING/ORDINANCE M-4-13/Approve Ordinance Amending Title 9, "Public Utilities", Chapter 1, "Water System Regulations", Section 7, "Rates", of the Des Plaines City Code to Incorporate Chicago Pass -Through Only OLD BUSINESS 1. Consideration of a Change to Alderman Sayad's Vote on R-92-13 (Approving Tour De Villas Bicycle Races) NEW BUSINESS: IF REPORTED OUT BY COMMITTEE 1. a. RESOLUTION R-100-13/Warrant Register 2. a. RESOLUTION R-101-13/Tap House Grill Downtown Business Assistance Program 3. a. FIRST READING/ORDINANCE M-12-13/Consideration of Repealing Residency Requirement from City Code DRAFT: 5/29/2013 3:43 PM Monday, June 3, 2013 City of Des Plaines City Council Agenda 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 require certain accommodations to allow them to observe and/or participate in the meeting(s) or have questions about the accessibility of the meeting(s) or facilities, contact the ADA Coordinator at 391-5486 to allow the City to make reasonable accommodations for these persons. DRAFT: 5/29/2013 3:43 PM Consent Agenda Item MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, MAY 20, 2013 CALL TO ORDER: The regular meeting of the of Des Plaines, Illinois, Mayor Bogusz at 6:05 p.m. Memorial Council Chambers, on Monday, May 20, 2013. ROLL CALL: City Council of the City was called to order by in the Eleanor Rohrbach Des Plaines Civic Center Roll call indicated the following aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Sojka, Charewicz. Alderman Haugeberg arrived in Executive Session at 6:15 p.m. Also present were: City Manager Bartholomew, Director of Finance Wisniewski, Police Chief Kushner, Fire Chief Wax, Director of Public Works & Engineering Oakley, Director of Human Resources Earl, Senior Planner Mangum and General Counsel Friedman. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE COMMITTEE ON Chairman Sayad presented COMMITTEES: Committees as follows: BUILDING CODE Chairman - Rodd Vice Chairman - Robinson Member - Sojka COMMUNITY SERVICES Chairman - Robinson Vice Chairman - Sojka Member - Rodd FINANCE & ADMINISTRATION Chairman - Sayad Vice Chairman - Brookman Member - Charewicz PUBLIC SAFETY Chairman - Haugeberg Vice Chairman - Walsten Member - Sayad his list of Committee on COMMUNITY DEVELOPMENT Chairman - Walsten Vice Chairman - Haugeberg Member - Brookman ENGINEERING Chairman - Charewicz Vice Chairman - Rodd Member - Walsten LEGAL & LICENSING Chairman - Brookman Vice Chairman - Sayad Member - Haugeberg PUBLIC WORKS Chairman - Sojka Vice Chairman - Charewicz Member - Robinson Moved by Walsten, seconded by Charewicz, to accept the list of Committee on Committees as presented by Chairman Sayad. Motion declared carried. Alderman Robinson voted no. cih 5/21/12 PAGE TWO MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. COMMITTEE ON Moved by Sayad, seconded by Walsten, to concur with COMMITTEES: consensus of Committee of the Whole to accept the list of Committee on Committees as presented by Chairman Sayad. Motion declared carried. Alderman Robinson voted no. EXECUTIVE SESSION: PRAYER AND PLEDGE: Moved by Brookman, Executive Session Upon roll call, the AYES: 7 -Robinson, seconded by Walsten, to go into to discuss Pending Litigation. vote was: Rodd, Sayad, Brookman, Walsten, Sojka, Charewicz NAYS: 0 -None ABSENT: 1-Haugeberg Motion declared carried. The City Council recessed at 6:09 p.m. The City Council reconvened at 7:00 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Sojka, Charewicz. The opening prayer was given by Ms. Roberta Hemmati of the Baha'i Community, followed by the Pledge of Allegiance to the Flag. PROCLAMATION: Mayor Bogusz presented a Mayoral proclamation to Mr. James Hajost declaring May 22, 2013 as James Hajost Day, in honor of retirement as Orchestra Teacher at Chippewa Middle School. CONSENT AGENDA: Moved by Walsten, seconded by Robinson, to establish a Consent Agenda except for Items 5, 11 and lla. Motion declared carried. Moved by Walsten, seconded by Charewicz, the Consent Agenda. Upon roll call, the AYES: 8-Haugeberg, Robinson, Bogusz, Brookman, Walsten, Wilson, NAYS: 0 -None ABSENT: 0 -None Motion declared carried. to approve vote was: Sayad, Charewicz Staff recommendations and requests were approved; Resolutions R-86-13, R-93-13, R-87-13 and R-88-13 were adopted; and Ordinance Z-7-13 was adopted. MINUTES: Consent Agenda MINUTES/ MAY 6, 2013: AWARD BID/ DIGEST PRINTING: Resolution M-86-13 AGREEMENT/ TRAIN STN. REMODEL ARCHITECTURAL SVCS.: Consent Agenda 5/21/12 PAGE THREE Moved by Walsten, seconded by Charewicz, to approve minutes of the Executive Session of the City Council held March 4, 2013. Motion declared carried as approve unanimously under Consent Agenda. Moved by Walsten, seconded by Charewicz, to approve minutes of the Executive Session of the City Council held March 18, 2013. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Charewicz, to approve minutes of the Executive Session of the City Council held April 1, 2013. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Charewicz, to approve minutes of the Executive Session of the City Council held April 15, 2013. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Charewicz, to approve minutes of the Executive Session of the City Council held May 6, 2013. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Walsten, to approve minutes of the Regular Meeting of the City Council held May 6, 2013. Motion declared carried. Moved by Walsten, seconded by Charewicz, to concur with Staff recommendation to award bid for the printing of the Des Plaines Digest for 2014, 2015 and 2016 to the lowest bidder, Presstech, 959 Lee Street, Des Plaines, IL 60016, in the amount of $2,600 for each of the three years, plus a $35.00 per page Typesetting Charge and a $90.00 (per edition) Delivery Charge - Budgeted Funds; and further recommend to adopt Resolution R-86-13, A RESOLUTION APPROVING AN AGREEMENT WITH PRESS TECH, INC. FOR THE PRINTING AND DISTRIBUTION OF THE DES PLAINES DIGEST. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Charewicz, to concur with Staff recommendation to approve agreement for Additional Scope of Services with Architectural Consulting Group, Ltd., 303 N. Northwest Highway, Suite 205, Barrington, IL 60010 for the inspection and oversight of the Downtown Des Plaines Train Station Remodel in not -to -exceed amount of $25,000 - 5/21/12 PAGE FOUR Resolution Budgeted Funds; and further recommend to adopt R-93-13 Resolution R-93-13, A RESOLUTION APPROVING AN AGREEMENT WITH ARCHITECTURAL CONSULTING GROUP, LTD. FOR CONSTRUCTION OBSERVATION SERVICES FOR THE REMODELING OF THE DOWNTOWN DES PLAINES TRAIN STATION. Motion declared carried as approved unanimously under Consent Agenda. LEASE AGR./ Moved by Walsten, seconded by Charewicz, to concur POSTAGE with Staff recommendation to approve a five (5) year MACHINE: Mailing Machine Lease to the lowest qualified bidder, Consent Pitney Bowes, Inc., 2200 Western Court, Lisle, IL Agenda 60532, in the amount of $20,900.40 - Budgeted Funds; and further recommend to adopt Resolution R-87-13, A Resolution RESOLUTION APPROVING A 60 -MONTH LEASE WITH PITNEY R-87-13 BOWES, INC. FOR A POSTAGE MACHINE. Motion declared carried as approved unanimously under Consent Agenda. AWARD BID/ Moved by Walsten, seconded by Charewicz, to concur LEAK with Staff recommendation to award bid for the 2013 DETECTION: Water System Leak Detection Project to the lowest Consent responsible Bidder, Wachs Water Services, 801 Asbury Agenda Drive, Buffalo Grove, IL 60089, in the amount of $30,000.00 - Budgeted Funds; and further recommend to Resolution adopt Resolution R-88-13, A RESOLUTION APPROVING AN R-88-13 AGREEMENT WITH WACHS VALVE AND HYDRANT SERVICES, LLC FOR LEAK DETECTION SERVICES. Motion declared carried as approved unanimously under Consent Agenda. AWARD BID/ Moved by Walsten, seconded by Robinson, to concur STREET & with Staff recommendation to award bid for the 2013 UTILITY CIP/ Capital Improvement Program Street & Utility CONTRACT A : Improvments - Contract A to the lowest responsible Bidder, Orange Crush, LLC, 321 South Center Street, Resolution Hillside, IL 60162, in the amount of $3,176,657.50 - R-89-13 Budgeted Funds; and further recommend to adopt Resolution R-89-13, A RESOLUTION APPROVING AN AGREEMENT WITH ORANGE CRUSH, LLC FOR STREET AND UTILITY IMPROVEMENTS AS PART OF THE 2013 CAPITAL IMPROVEMENT PROGRAM - CONTRACT A. Motion declared carried as approved unanimously under Consent Agenda. RE -APPOINT- Moved by Walsten, seconded by Charewicz, to approve MENTS: Mayoral reappointments as follows: Consent SPECIAL EVENTS COMMISSION Agenda Richard Prochenski, term to expire August 31, 2017 Linda Forman, term to expire August 31, 2017 Thomas Christiansen, term to expire August 31, 2017 Lucille Adamick, term to expire August 31, 2016 Linda Wojcik, term to expire August 31, 2015 Carol Shannon, term to expire August 31, 2015 5/21/12 PAGE FIVE APPOINTMENTS: Moved by Walsten, seconded by Charewicz, to approve Consent Mayoral appointments as follows: Agenda SPECIAL EVENTS COMMISSION Beth Pauze, term to expire August 31, 2016 Candy Anne Cole, term to expire August 31, 2014 Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Walsten, seconded by Charewicz, to adopt Z-7-13/ Ordinance Z-7-13, AN ORDINANCE AUTHORIZING TEXT ZONING AMENDMENTS TO TABLE 7.2-1, "RESIDENTIAL DISTRICTS USE TEXT AMEND. MATRIX,' TABLE 7.3-1, "COMMERCIAL DISTRICT USE Consent MATRIX," TABLE 7.4-1, "MANUFACTURING DISTRICTS USE Agenda MATRIX," ARTICLE 3.6-5 A., "MINOR VARIATIONS," AND ARTICLE 13.3, "DEFINITIONS" OF THE CITY OF DES PLAINES ZONING CODE. Motion declared carried as approved unanimously under Consent Agenda. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION - Alderman Sayad, Chair WARRANT Moved by Haugeberg, seconded by Charewicz, to REGISTER: recommend to the City Council approval of the May 20, 2013 - Warrant Register, in the total amount of $5,618,774.91; and further recommend that Resolution R-90-13 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT - Alderman Walsten, Chair 6b CLASS./ Director Of Community and Economic Development 530 SANTA ROSA Alexander Dambach reviewed his memo of May 9, 2013, DRIVE: regarding a request by Charles Equipment Energy Systems LLC, 530 Santa Rosa Drive, to support and consent to the approval of a Class 6B Classification. Robert Conway, President of Charles Equipment Energy Systems; Jack Weiner, Financial Consultant; Attorneys Anthony Ochs and Peter Tsantilis of Listen & Tsantilis answered questions from the Aldermen Moved by Sayad, seconded by Robinson, to concur with recommendation of the Economic Development Commission and Staff, to support and approve request by Charles Equipment Energy Systems LLC, 530 Santa Rosa Drive, Class 6B Classification; and further recommend that Resolution R-91-13 be adopted at appropriate time this evening. Motion declared carried. 5/21/12 PAGE SIX COND. USE/ Director of Community & Economic Development Dambach 2300 MANNHEIM reviewed his memo of May 2, 2013, regarding a ROAD: Conditional Use Permit under Section 7.3-6-C of the Zoning Ordinance to authorize the expansion of a Banquet Hall with a fabric structure in the C-3 District. Mr. Nathan Sevener, Soundscape Engineering, Angel Spyratos, Attorney, George Prosi, Architect and Brian Homans, Shiner & Associates all addressed the City Council and answered questions from the Aldermen. Alderman Walsten stated that each member of the public will be given four (4) minutes to speak to the issue. Motion by Brookman, seconded by Rodd, to increase the time limit to speak to the issue to ten (10) minutes. Motion declared failed. Aldermen Rodd, Sojka and Brookman voted aye. Aldermen Haugeberg, Robinson, Sayad, Walsten, Charewicz voted nay. The following residents spoke against granting the Conditional Use request by the Fountain Blue. Vince Naccarato, 486 Cordial Drive Madulo Montes, 2210 Pine Street Pablo Montes, 2210 Pine Street Dorothy Sarno, 2240 Chestnut Theodore, 9259 Osceola, Niles Ron Larson, 885 Hoffman Parkway Sandra Dillon, 2251 Pine Street Bill Dillon, 2251 Pine Street The following spoke in favor of granting the Conditional Use request by the Fountain Blue. Steve Bader, Owner, Radisson Hote1,1450 E. Touhy Ave. Kai Chow, Manager, Radisson Hotel, 1450 E. Touhy Ave. Moved by Haugeberg, seconded by Walsten, to recommend to the City Council, re Case #13 -003 -CU, to approve Conditional Use permit, for one (1) year, and authorize the expansion of a Banquet Hall with a fabric structure in the C-3 District with conditions. 5/21/12 PAGE SEVEN 2300 MANNHEIM Moved by Charewicz, seconded by Haugeberg, to adopt a (Cont'd.) SUBSTITUTE motion to recommend to the City Council, re Case #13 -003 -CU, to approve Conditional Use permit, for eighteen (18) months with a June 30, 2013 start date, and authorize the expansion of a Banquet Hall with a fabric structure in the C-3 District with conditions; and Condition #9 be amended to allow amplified sound limited to between the hours of 8:00 a.m. to 12:00 a.m. Upon roll call, the vote was: AYES: 5-Haugeberg, Rodd, Sayad, Walsten, Charewicz NAYS: 3 -Robinson, Brookman, Sojka ABSENT: 0 -None Motion declared carried. Moved by Brookman, to refer the Conditional Use back to Staff. DIED for lack of a second. MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. ORDINANCE Alderman Sayad stated that this item was tabled back M-4-13/ in February and was never taken off the table. WATER RATE General Counsel Friedman summarized the history of INCREASE: the 2013 Water Rate Increase. Moved by Charewicz, seconded by Robinson, to take from the table, the issue of the 2013 Water Rate Increase and Ordinance M-4-13. Upon roll call, the vote was: AYES: 5-Haugeberg, Robinson, Rodd, Sojka, Charewicz NAYS: 3-Sayad, Brookman, Walsten ABSENT: 0 -None Motion declared carried. Moved by Charewicz, seconded by Robinson, to approve the 15% City of Chicago water rate increase; and place on First Reading Ordinance M-4-13, AN ORDINANCE AMENDING TITLE 9, "PUBLIC UTILITIES," CHAPTER 1, "WATER SYSTEM REGULATIONS," SECTION 7, "RATES," OF THE DES PLAINES CITY CODE. Upon roll call on the original motion, the vote was: AYES: 5 -Robinson, Rodd, Sojka, Charewicz, Bogusz NAYS: 4-Haugeberg, Sayad, Brookman, Walsten ABSENT: 0 -None Motion declared carried. ocp 5/21/12 PAGE EIGHT WARRANT Moved by Sayad, seconded by Haugeberg, to concur with REGISTER: recommendation of Committee of the Whole to adopt Resolution R-90-13, BE IT RESOLVED BY THE CITY Resolution COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING R-90-13 BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $5,618,774.91. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Sojka, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. 6b CLASS./ Moved by Walsten, seconded by Robinson, to concur 530 SANTA ROSA with recommendation of Committee of the Whole to DRIVE: approve request by Charles Equipment Energy Systems LLC, 530 Santa Rosa Drive, Class 6B Classification; and adopt Resolution R-91-13, A RESOLUTION SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6B CLASSIFICATION FOR THE PROPERTY LOCATED AT 530 SANTA ROSA DRIVE. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Sojka, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. COND. USE/ Moved by Sayad, seconded by Robinson, to concur with 2300 MANNHEIM recommendation of Committee of the Whole, re Case ROAD: #13 -003 -CU, to approve Conditional Use permit to authorize the expansion of a Banquet Hall with a fabric structure in the C-3 District; and further recommend that General Counsel prepare appropriate ordinance. Upon roll call, the vote was: AYES: 6-Haugeberg Robinson, Rodd, Sayad, Walsten, Charewicz NAYS: 2 -Brookman, Sojka ABSENT: 0 -None Motion declared carried. TOUR DE Mr. Robert Lundberg, American Bicycle Racing, VILLAS: addressed the City Council and answered questions regarding the 4th Annual "Tour De Villas" Neighborhood Resolution Bicycle Races on the streets of East Grant Road and R-92-13 West Grant Road scheduled to be held on June 29, 2013. 5/21/12 PAGE NINE R-92-13 Moved by Rodd, seconded by Robinson, to adopt (Cont'd.) Resolution R-92-13, A RESOLUTION APPROVING THE PERFORMANCE BY THE CITY OF CERTAIN SERVICES IN SUPPORT OF THE 2013 "TOUR DE VILLAS" BICYCLE RACES. Upon roll call, the vote was: AYES: 6 -Robinson, Rodd, Sayad, Brookman, Walsten, Sojka NAYS: 2-Haugeberg, Charewicz ABSENT: 0 -None Motion declared carried. ADJOURNMENT: Moved by Walsten, seconded by Robinson, :hat the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjo •ed at 10:21 p.m. Nancy P APPROVED BY ME THIS _)AY OF rson -- DEPUTY CITY CLERK 2013 Matthew J. Bogusz, MAYOR DES PLAINES 4LLINOIS Consent Agenda Items #3 & 34 City of Des Plaines Public Works and Engineering Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5390 Fax 847-391-5619 MEMORANDUM Date: May 10, 2013 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 LO Subject: 2013 Capital Improvement Program Geotechnical Testing Ref. # 13-72 Issue: The City is required to perform Quality Control and Quality Assurance testing on all Capital Improvement Program (CIP) projects. Staff requested proposals from five geotechnical firms to provide testing on the 2013 CIP projects. Analysis: The geotechnical testing will be performed on the 2013 CIP Contract A and Contract C projects. Following are the proposal results: Consultant Proposal Amount Chicago Testing Laboratory, Inc. $37,424.00 Interra, Inc. $40,020.00 KALGEn Consultants, Inc. $41,075.00 Testing Service Corporation $53,338.00 Soil & Material Consultants, Inc. $55,150.00 Recommendation: The City has previously worked with, Chicago Testing Laboratory, Inc. and has deemed their work to be acceptable. We recommend acceptance of the proposal for the 2013 Capital Improvement Program, Geotechnical Testing from Chicago Testing Laboratory, Inc., 1348 Ridge Avenue, Elk Grove Village, IL 60007 in the amount of $37,424.00. Source of funding would be the Motor Fuel Tax Fund. Attachments: Proposal Sttmmary Resolution Contract (Exhibit A) H \Engineering\CortespondencelC,ty Courier Meeting 12013\6-3 13:2013 CiP Geotechnical resung120I3 CIP Geotechnical Testing docx Page 1 of 49 2013 CONTRACT A- STREET AND UTILITY IMPROVEMENTS 2013 Geotechnical 2013 Geotechnical Name of Bidder lid Summary April 15, 201.3 Interra, Inc. None of Bidder Chicago Testing Laboratory, Inc Intern, Inc. KALGEn Consultants, Inc Soil & Matenat Consultants, Inc. Testing Service Corporation Address of Bidder 1348 Ridge Avenue 600 Tenitoria Drive, Suite G 716 N Wisconsin Ave 8 West College Drive 3605. Main Place Villa Park It 60181 Elk Grove Vill5e,11.60007 Bolingbrook, IL 60440 Villa Park IL 60181 Arington Hetghts, IL 60004 Carol Stream, IL 60183 Item B Pay item Unit Total Quantity Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Laboratory: 1 Topsoil analysis per contract specifications EACH 1 Topsoil analysis per contract specifications EACH 2 550.00 510000 550.00 5100.00 595.00 5190.00 550.00 510000 5165.00 5330.00 2 Aggregate Gradation and Unit Weight Determination EACH 2 5175.00 535000 5175.00 535000 5175.00 535000 5185.00 537000 5125.00 5250.00 3 Bituminous extractions EACH 4 5150.00 560000 5175.00 570000 $210.00 5840.00 5160.00 564000 5185.00 5740.00 5370.00 4 Marshall Stability EACH 2 5150.00 530000 5225.00 545000 5120.00 5240.00 5260.00 552000 5185.00 5 HMA Pavement COM Analysis for HMA Base Course EACH 5 550.00 525000 540.00 520000 550.00 5250.00 510.00 r 550.00 5145.00 5725.00 6 HMA Pavement Core Analysis for HMA Surface Course EACH 5 550.00 $250.00 540.00 520000 550.00 525000 510.00 55000 $185.00 5925.00 7 HMA Pavement Patch Nuclear Testing EACH 4 550.00 521000 5180.00 572000 5200.00 580000 5320.00 51.28000 5185.00 5740.00 8 Set' of 4 P.C.C. Cylinders 567 15 580.00 51.20000 592.00 51,380.00 580.00 51.20000 548.00 5720 00 $65.00 5975.00 9 Set' of 4 Pervious Concrete Cylinders SE' 0 580.00 5000 5128.00 5000 580.00 5000 548.00 50.00 565.00 50.00 Reid Inspection: (nuclear tasting) 5000 5000 Field Inspection: (nuclear testing) 10 CortlroRed Trench Backlit), Mi day minimum charge HOUR 60 5000 55.280.00 59000 55,40000 585.00 55.10000 $80.00 54,80000 10 Controlled Trench Backfill, X day minimum charge HOUR 40 588.00 53520.00 590.00 53,600.00 585.00 53 400.00 580.00 r 53.200 00 5126.50 55.060.00 11 Aggregate Sub -base, X day minimum charge HOUR 12 588.00 51.05600 590.00 51,080.00 585 00 51.02000 580.00 $960.00 5126.50 52,518.00 12 HMA Base Course, X day minimum charge HOUR 20 $8800 51.76000 590.00 51.800.00 585.00 5170000 580.00 $1.60000 5123 50 52.47000 13 HMA Surface Course, It day minimum charge HOUR 20 588.00 51,76000 590.00 518(000 585 00 51 700.00 580.00 51.60000 5123.50 52.47000 14 HMA Pavement Patch. X day minimum charge HOUR 16 $88.00 51.40800 590.00 51,440.00 585.00 51,36000 580.00551180.130 5123 50 51,97600 15 Cylinder Pick up TRIP 15 550.00 575000 550.00 5750.00 $17C.00 51550.00 5120.00 51.80.00 560.00 5900.00 5000 •. 50.00 16 Concrete Source, II day minimum charge HOUR HOUR 8 8 585.00 585.00 Want Inspection: 592.00 592.00 573600 5736.00 585.00 585.00 568000 5680.00 5150.00 51,200.00 5300.00 52.40000 5000 5948. 5948 CO 17 MMA Base Course, X day minimum charge 18 $11850 52.3 16 Conaete Source. N day minimum charge HOUR 20 585.00 51.70000 $92.00 51,840.00 $85.00 51 700.00 5150.00 53,00000 17 HMA Base Course, X day minimum charge HOUR 20 585.00 51.70000 592.00 51,840.00 585.00 51 70000 5300.00, ss.coo 00 511{50 52.3 18 HMA Surface Course, X minimumchar a HOUR 20585.00 51.70000 592.00 51,84000 $85.00 11 701100 5340.00 56,000.00 5118.50 52,3 00 .. 55000 Gauge Rental .,-... . •:.-----_ .. Additional Cost $40o0 Travel Cost DAY Modified AASHTO T 324 - Hamburg Wheel W/Sample Prep. 550.00 51,350.00 Gauge Rental DAY Engineering HOUR 540.00 5130.00 Modified AASHTO T 324 - Hamburg Wheel W/Sample Prep. Total 518,82000 519,930.00 520.125.00 525.980. 51,350.00 526,779.00 Engineering HOUR 5130.00 Total $18,64000 520,09000 520,95000 529.17000 526.559.00 2013 CONTRACT C - STREET AND UTIUTY IMPROVEMENTS 2013 Geotechnical Bid Summary Axil 15, 2013 Name of Bidder Chicago Testing Laboratory, Inc Interra, Inc. KALGEn Consultants, Inc. Soil & Material Consultants, Inc. Testing Service Corporation Addres of Bidder 1348 Ridge Avenue 600 Territorial Drive, Suite G 716 N Wisconsin Ave 8 West College Onve 360 5 Main Place Elk Grove Village, IL 60007 Bolingbrook, IL 60440 Villa Park It 60181 Arington Hei hts,1160004 A Carol Stream, A. 60188 Item R Pay Rtim Unit Total Quantity Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Tota Cost Unit Cost Total Coal Laboratory: 1 Topsoil analysis per contract specifications EACH 1 550.00 55000 550.00 55000 $95.00 59500 550.00 550.00 5165.00 5165 2 Aggregate Gradation and Unit Weight Determination EACH 2 5175 00 535000 5175.00 535000 517500 5350.00 5185.00 537000 5125.00 5 .00 3 Bituminouseatractlons EACH 4 5150.00 560000 5175.00 570000 5210.00 584000 5160.00 564000 5185.00 S 4 Marshall Stability EACH 2 5150.00 530000 5225.00 5450.00 512000 S24000 5260.00 552000 5185.00 3 0 5 HMA Pavement Core Analysis for HMA Base Course EACH 2 5511.00 510000 $40.00 580001 550.00 510000 510.00- 52000 5145.00 5 ' 00 6 HMA Pavement Core Analysts tor HMA Surface Course EACH 6 55000 5300.00 540.00 524000 550.00 5300110 510.00 560 00 5185.00 S . 1 7 HMA Pavement Patch Nuclear Testing EACH 2 550.00 510010 5280.00 5360.00 5200.00 $400.00 5320.00 564000 5185.00 S3 8 Set' of 4 P.C.C. Cylinders SET 10 580.00 580000 592.00 592010 580.00 580000 548.00 548000 565.00 5650 9 Set• of 4 Pervious Convete Cylinders SET 0 580.00 50 CO 512800. 5000 580.00 5000 548.00 50.00 56500 50 5000 Reid Inspection: (nuclear tasting) 5000 10 CortlroRed Trench Backlit), Mi day minimum charge HOUR 60 588.00 55.280.00 59000 55,40000 585.00 55.10000 $80.00 54,80000 5126.50 S7. 11 Aggregate Sub -base, X day minimum charge HOUR 8 588.00 5704 00 59000 5720.00 585.00 5680.00 S80 00 5640 00 5126.50 5 2 12 HMA Base Course, X day minimum charge HOUR 16 588.00 51.40800 590.00 51440.02 585.00 51,36000 580.00 51.28000 5123.50 5 .976 0 13 HMA Surface Course, X day minimum charge HOUR 32 58800 52,81600 59000 52.880 OD 58500 $2.720.00 580.00- 52.560 00 5'.23.50 S 952 14 HMA Pavement Patch, X day minimum charge HOUR 24 588.00 52.112.00 590.00 52.16000 585.00 52.040.00 580.00 51.920.00 5123.50 52 964 15 CyllnderPick-up TRIP 10 550.00 5500.00 550.00 5500.00 517000 51.70000 5120.00 51.200 00 560.00 5600 S0 CO Plant Inspection: 5000 •. 16 Concrete Source, II day minimum charge HOUR HOUR 8 8 585.00 585.00 5680.00 568000 592.00 592.00 573600 5736.00 585.00 585.00 568000 5680.00 5150.00 51,200.00 5300.00 52.40000 5118.50 5118.50 5948. 5948 CO 17 MMA Base Course, X day minimum charge 18 HMA Surface Course. X day minimum char e _, HOUR a 58590 S2.040 00 592.00 52,208 00 585 00 52 04000 5300.00 57,200.00 5118.50 52,844 ' :41111111110. .. w Additional Cost Travel Cost DAY 55000 Gauge Rental DAY $40o0 Modified AASHTO T 324 - Hamburg Wheel W/Sample Prep. 51,350.00 Engineering HOUR 5130.00 Total 518,82000 519,930.00 520.125.00 525.980. 526,779.00 Contract A & C Total 537.424.001 1 $40.020.001 1 541.075 001 555.750.00 1 $53,338.001 Page 2 of 49 CITY OF DES PLAINES RESOLUTION R - 96 - 13 A RESOLUTION APPROVING AN AGREEMENT WITH CHICAGO TESTING LABORATORY, INC. FOR GEOTECI-INICAL TESTING SERVICES WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City has appropriated funds for the procurement of geotechnical testing services in connection with the 2013 Capital Improvement Project Contract A and Contract C ("Services") during the 2013 fiscal year; and WHEREAS, in accordance with Section 1-10-14 of the City Code of the City of Des Plaines, City staff has determined that the procurement of the Services is not adapted to award by competitive bidding because the Services require a high degree of professional skill and judgment; and WHEREAS, the City sought proposals from qualified engineering consultants for the performance of the Services; and WHEREAS, Chicago Testing Laboratory, Inc. ("Consultant") submitted a proposal that will best meet the needs of the City; and WHEREAS, the City desires to enter into an agreement with Consultant for the performance of the Services in the not -to -exceed amount of $37,424 ("Agreement"); and WHEREAS, sufficient funds have been appropriated to procure the Services from Consultant; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Agreement with Consultant; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: WAIVER OF COMPETITIVE BIDDING. The requirement that competitive bids be solicited for the procurement of the Services is hereby waived. 1 Page 3 of 49 SECTION 3: APPROVAL OF AGREEMENT. The City Council hereby approves the Agreement in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. SECTION 4: AUTHORIZATION TO EXECUTE AGREEMENT. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, the final Agreement only after receipt by the City Clerk of at least two executed copies of the Agreement from Consultant; provided, however, that if the City Clerk does not receive such executed copies of the Agreement from Consultant within 60 days after the date of adoption of this Resolution, then this authority to execute and seal the Agreement shall, at the option of the City Council, be null and void. SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2013. APPROVED this day of , 2013. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel LegahRcs120131DP Resolution Approv ng Agreement with Chicago Testing Laboratory for Geotechnical Testing for 2013 CIPContract A and C N23205560 v2 2 Page 4 of 49 Contract Between the City of Des Plaines And Chicago Testing Laboratory, Inc. For Geotechnical Testing Services TABLE OF CONTENTS Page ARTICLE 1. THE SERVICES 1.1 Services. 1 1.2 Project Time 1 1.3 Term; Extensions. 1 1.4 Responsibility of Consultant to Perform 1 1.5 Financial Ability to Perform. 2 ARTICLE 2. COMPENSATION AND PAYMENT 2 2.1 Pricing Schedule. 2 2.2 Monthly Payment; Invoices. 2 2.3 Taxes. 2 2.4 Final Payment. 2 2.5 Deductions. 2 2.6 Use of Deducted Funds 3 2.7 Keeping Books and Accounts 3 ARTICLE 3. PERFORMANCE OF SERVICES 3 3.1 Standard of Performance 3 3.2 Correction of Defects. 3 3.3 Risk of Loss. 3 3.4 Opinions of Probable Cost. 4 3.5 Responsibility for Work by Contractors. 4 3.6 City Responsibilities. 4 3.7 Time of the Essence. 5 3.8 Suspension of Services. 5 EXHIBIT A Page 5 of 49 ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS 5 4.1 Services Change Orders. 5 4.2 Revision Notices. 5 4.3 Disagreements over Services Change Order Terms. 6 4.4 No Change in Absence of Services Change Order. 6 4.5 Delays. 6 ARTICLE 5. INSURANCE 6 5.1 Insurance. 6 5.2 Scope of Coverage. 6 5.3 Minimum Limits of Coverage. 7 5.4 Deductibles and Self -Insured Retentions 7 5.5 Additional Requirements. 7 5.6 Verification of Coverage 8 5.7 Sub -Consultants and Suppliers. 8 ARTICLE 6. INDEMNIFICATION 9 6.1 Agreement to Indemnify. 9 6.2 Notice of Claim to Consultant. 9 6.3 No Limit Based on Insurance. 9 6.4 Withholding Payment. 9 6.5 Limit on Duty to Indemnify. 9 ARTICLE 7. INFORMAL DISPUTE RESOLUTION 9 7.1 Dispute Resolution Panel 9 7.2 Communications in Nature of Settlement. I0 7.3 Performance of Services. 10 ARTICLE 8. TERMINATION I0 8.1 Contract is At -Will. 10 8.2 Termination by City for Breach 10 8.3 City Remedies. 10 8.4 Termination for Convenience. 11 8.5 Termination by Consultant for Breach. 11 ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS I 1 9.1 Consultant as Independent Consultant 11 9.2 Compliance with Laws; Communications with Regulators 11 11 EXHIBIT A Page 6 of 49 9.3 Consultant Payments; Waivers of Liens. 11 9.4 Permits and Licenses 11 9.5 Safety; Hazardous Materials. 11 9.6 Intellectual Property 12 9.7 Confidential Information. 12 9.8 Ownership of Data and Documents. 12 9.9 Copyrights and Patents. 12 9.10 Notices. 13 9.11 No Waiver by City. 13 9.12 No Third -Party Beneficiaries. 13 9.13 Survival of Terms. 13 9.14 Assignments. 13 9.15 Amendments. 13 9.16 Governing Law. 13 9.17 Compliance with Laws, Grant Regulations. 14 9.18 Representation of No Conflicts 14 9.19 No Collusion. 14 iii EXHIBIT A Page 7 of 49 Contract Between the City of Des Plaines And Chicago Testing Laboratory, Inc. For Geotechnical Testing Services This contract (the "Contract") is dated as of [insert date] (the "Effective Date") and is by and between the City of Des Plaines (the "City") and Chicago Testing Laboratory, Inc. (the "Consultant"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: ARTICLE 1. THE SERVICES 1.1 Services. The Consultant will perform the following services for the City (the "Services"): geotechnical testing services in connection with the 2013 Capital Improvement Project, as more fully described in the "CTL Proposal No. EG 13063" attached to, and by this reference made a part of, this Contract as Attachment 1. 1.2 Project Time. The schedule for the Services (the "Services Schedule") is: Services will commence not more than 10 days after the City provides Consultant with notice to proceed and will be completed on the date when the Consultant has completed the Services to the satisfaction of the City and in accordance with the terms of this Contract (the "Completion Date"). 1.3 Term; Extensions. This Contract commences on the Effective Date and terminates on the Completion Date (the "Term"). All terms of this Contract, including without limitation pricing terms, are firm during the Term. 1.4 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 Contract. All Services performed by any sub -consultant or supplier are subject to all of the provisions of this Contract 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 Contract, 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 Services Schedule as a result of any such removal or replacement. -1- EXHIBIT A Page 8 of 49 1.5 Financial Ability to Perform. 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 Services in full compliance with, and as required by or pursuant to, and this Contract. ARTICLE 2. COMPENSATION AND PAYMENT 2.1 Pricing Schedule. As compensation for the performance of the Services, the City will pay the Consultant according to the Unit Prices set forth in Attachment 1, for a total amount not -to -exceed $37,424.00 ("Compensation"). Except for the Compensation, the City will have no liability for any expenses or costs incurred by the Consultant. 2.2 Monthly Payment; Invoices. The Compensation will be paid in monthly installments. The Consultant must submit to the City, on a monthly basis, 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 Services are 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 Services are to be performed in separate phases, for each phase, and (c) the estimated percent completion of the Services and, if the Services are to be performed in separate phases, for each phase. 2.3 Taxes. The Compensation includes applicable federal, State of Illinois, and local taxes of every kind and nature applicable to the services provided by the Consultant and all taxes, 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. The Services 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, after deducting therefrom charges, if any, as provided in this Contract ("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 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 -2- EXHIBIT A Page 9 of 49 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 Contract. The City will notify the Consultant in writing given in accordance with Section 9.10 of this Contract of the City's determination to deduct and withhold funds, which notice will state with specificity the amount of, and reason or reasons for, such deduction and withholding. 2.6 Use of Deducted Funds. The City will be entitled to retain any and all amounts withheld pursuant to Section 2.5 above until the Consultant either has performed the obligations in question or has furnished security for that performance satisfactory to the City. The City will be entitled to apply any money withheld or any other money due to the Consultant to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, and reasonable attorneys' fees (collectively "Costs") incurred, suffered, or sustained by the City and chargeable to the Consultant under this Contract. 2.7 Keeping Books and Accounts. The Consultant must keep accounts, books, and other records of all its billable charges and costs incurred in performing Services in accordance with generally accepted accounting practices, consistently applied, and in such manner as to permit verification of all entries. The Consultant must make all such material available for inspection by the City, at the office of the Consultant during normal business hours during the Term and for a period of three years after termination of this Contract. Copies of such material must be furnished to the City at the City's request and expense. ARTICLE 3. PERFORMANCE OF 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 Contract, 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. 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 Contract, the Consultant's obligations -3- EXHIBIT A Page 10 of 49 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 Contract 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. Subject to the next sentence of this Section 3.5, the Consultant is not responsible for a contractor's construction means, methods, techniques, sequences or procedures, time of performance, compliance with law, or safety precautions and programs, and the Consultant does not guarantee the performance of a contractor. Nothing in the previous sentence may be construed or applied to limit the responsibility of the Consultant to properly perform, or the liability of the Consultant for failure to properly perform, all of the Services required by the Consultant under this Contract 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 Contract 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. In the absence of a written designation, the City's representative will be the City's Director of Public Works. The City's representative will have the authority to act on behalf of the City, except on matters that require approval of the City Council. (b) To provide to the Consultant all criteria and information about the requirements for the 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 the Services. (d) To arrange for access to, and make provisions for the Consultant to enter on, public and private property as reasonably required for the Services. (e) To provide, as relevant, surveys describing physical characteristics, legal limitations, and utility locations 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. EXHIBIT A Page 11 of 49 (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, 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 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. (j) To attend project -related meetings. (k) To give prompt written notice to the Consultant whenever the City observes or otherwise becomes aware of any development that affects the scope or timing of Services, except that the inability or failure of the City to give any such a notice will not relieve the Consultant of any of its responsibilities under this Contract. 3.7 Time of the Essence. Time is of the essence for all activities with regard to the performance of the Services. 3.8 Suspension of Services. The City, at any time and for any reason, may suspend work on any or all Services 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. SERVICES CHANGE ORDERS; DELAYS 4.1 Services Change Orders. The City, from time to time, may issue a written order modifying or otherwise changing the scope of the Services (a "Services Change Order") provided, however, that any Services Change Order in an amount exceeding $10,000 must be approved by the City Council. The Services Change Order will be generally in the form attached to and by this reference incorporated into this Contract as Attachment 2. The Consultant may request a Services Change Order based on a material change to any Services. A Services Change Order may include additions to and deletions from the Services and will include any equitable increases or decreases to the Compensation. 4.2 Revision Notices. Within 10 days after the date of a Services 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 Services 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 Services Change Order in a form acceptable to the Parties. If the Consultant does not -5- EXHIBIT A Page 12 of 49 submit a Revision Notice within the 10 -day period, then the Consultant will be deemed to have accepted the Services Change Order and the Services Change Order will be final. 4.3 Disagreements over Services Change Order Terms. If the City and the Consultant cannot agree on the proposed revisions to the Compensation or Services Schedule terms of a Services Change Order, then the Parties will apply the dispute resolution provisions of this 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 Services Change Order. No claim for an adjustment in Compensation or Services Schedule will be made or allowed unless it is embodied in a Services Change Order signed by the City and the Consultant. If the Consultant believes it is entitled to an adjustment in the Compensation or Services Schedule terms that has not been included, or fully included, in a Services Change Order, then the Consultant may submit to the City a written request for the issuance of, or revision of, a Services 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 Services 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 Services 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 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." -6- EXHIBIT A Page 13 of 49 (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. (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 Contract, 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. -7- EXHIBIT A Page 14 of 49 (c) Reporting Failures. Any failure to comply with reporting provisions of any policy must not affect coverage provided to the City and its officials, employees, agents, and representatives. (d) Severability of Interests/Cross Liability. The insurance must contain a Severability of Interests/Cross Liability clause or language stating that the insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ability. (e) Umbrella Policies. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the Consultant must name the City and its officials, employees, agents, and representatives as additional insureds under the umbrella policy. (f) Occurrence Form. All general liability coverage must be provided on an occurrence policy form. Claims -made general liability policies are not acceptable. (g) Workers' Compensation and Employers' Liability Coverage. The insurer must agree to waive all rights of subrogation against the City and its officials, employees, agents, and representatives for losses arising from work performed by the Consultant. (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 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 -8- EXHIBIT A Page 15 of 49 subcontractor. All coverage for subcontractors are subject to all of the requirements stated in this Article 5, except its professional liability policy. ARTICLE 6. INDEMNIFICATION 6.1 Agreement to Indemnify. To the fullest extent permitted by law, the Consultant hereby agrees to indemnify and, at the City's request, defend the City and its officials, employees, agents, and representatives (collectively the "Indemnified Parties") as follows: (a) Against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs, and expenses (collectively "Professional Liability Claims"), that may in any way accrue against the Indemnified Parties or any one of them arising in whole, or in part, or in consequence of the negligent performance of any professional Services by the Consultant or its employees or sub -consultants or that may in any way result therefrom, except only Claims arising out of the sole legal cause of the City; and (b) Against all injuries, deaths, loss, damages, claims, suits, liabilities, judgments, costs, and expenses (collectively "General Liability Claims"), that may in any way accrue against the Indemnified Parties or any one of them arising in whole, or in part, or in consequence of the 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 Contract 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 -9- EXHIBIT A Page 16 of 49 unable to resolve the dispute within 30 days, then either Party may exercise any other rights it has under this Contract. 7.2 Communications in Nature of Settlement. All communications between the Parties in connection with the attempted resolution of a dispute will be confidential and will deemed to have been delivered in furtherance of dispute settlement and thus will be exempt from discovery and production, and will not be admissible in evidence whether as an admission or otherwise, in any arbitration, judicial, or other proceeding for the resolution of the dispute. 7.3 Performance of Services. During the dispute resolution process, the Consultant must proceed diligently with the performance of Services. ARTICLE 8. TERMINATION 8.1 Contract is At -Will. This 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 Contract without reason or cause, then the Consultant will be entitled to Compensation for all Services 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 Contract 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 Contract, (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 a project within the established schedule, (d) failure of the Consultant to have or maintain adequate financial or legal capacity to properly complete any Services. 8.3 City Remedies. If the City terminates this Contract 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 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. -10- EXHIBIT A Page 17 of 49 8.4 Termination for Convenience. If, after termination of this 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 Contract. 8.5 Termination by Consultant for Breach. The Consultant at any time, by written notice, terminate this Contract on account of failure by the City to properly pay the Consultant and failure of the City to cure the breach within 10 days after that written notice or such further time as the Consultant may agree, in the Consultant's sole discretion, in response to a written notice from the City seeking additional time to cure. 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 Contract, 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. 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 co edition 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 site -11- EXHIBIT A Page 18 of 49 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 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 Contract, 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 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 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 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 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. -12- EXHIBIT A Page 19 of 49 x 9.10 Notices. Any notice or communication required by this Contract will be deemed sufficiently given if in writing and when delivered personally or upon receipt of registered or certified mail, postage prepaid, with the U.S. Postal Service and addressed as follows: If to the City: City of Des Plaines Department of Public Works and Engineering 1420 Miner Street Des Plaines, Illinois 60016 Attn: Director of Public Works and Engineering If to the Consultant: Chicago Testing Laboratory, Inc. 1348 Ridge Avenue Elk Grove Village, IL 60007 Attn: Chris Chan with a copy to: City of Des Plaines 1420 Miner Street Des Plaines 60016 Attn: City Manager with a copy to: Chicago Testing Laboratory, Inc. 30W114 Butterfield Road Warrenville, IL 60555 Attn: Chris Chan 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 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 Contract or any remedy, power, or right of the City. 9.12 No Third -Party Beneficiaries. This 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 Contract. 9.13 Survival of Terms. The following sections will survive the termination of this 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 Contract without the prior express written consent of the City. If any aspect of this 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 Contract. The terms and conditions of any agreement by the Consultant to assign or transfer this Contract must include terms requiring the assignee or transferee to fully comply with this Contract unless otherwise authorized in writing by the City. 9.15 Amendments. This 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 Contract and all disputes between the parties arising out of or related to this Contract will be governed by the laws of the State of Illinois without regard to choice or conflict of law rules or regulations. -13- EXHIBIT A Page 20 of 49 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 Contract. 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 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 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 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 seg. 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 Contract and that this Contract is made without collusion with any other person, firm, or corporation. WHEREFORE, the City and the Consultant have caused this Contract to be executed by their duly authorized representatives as of the Effective Date. CITY OF DES PLAINES CHICAGO TESTING LABORATORY, INC. By: By: Name: Michael G. Bartholomew Name: Title: City Manager Title: -14- EXHIBIT A Page 21 of 49 • • • • . di i Chicago Testing Laboratory, Inc. ifr City of Des Plaines Geotechnical Engineering Services 2013 Capital Improvement Program Contract A, Contract C & MFT 13-00000-01 GM Concrete Improvement Program CTL Proposal No. EG13063 By: Chicago Testing Laboratory, Inc. 1348 Ridge Avenue Elk Grove Village, IL 60007 p. (847)228-1079 f. (847)228-0633 Contact: Christopher Chan, P.E. CTL is licensed to practice in Illinois, Indiana, and Wisconsin. EXHIBIT A Page 22 of 49 f • GEOTECHNICAL ENGINEERING SERVICES 2013 CAPITAL IMPROVEMENT PROGRAM CTL Proposal No. EG13063 Table Cover Sheet Table of Contents 2 Summary of Interest 3 SECTION 1 EEO Policy 5 Project Organizational Chart & Technical Matrix 6 Project Personnel 7 Staff Resumes 9 Firm Project Experience 15 Scope of Services 21 Scheduling 22 Unit Rates 22 Insurance 22 Conflict of Interest Statement 23 Acceptance 24 APPENDIX A 25 Unit Rate Table Sample Certificate of Insurance Chicago Testing Laboratory, Inc. Page 2 Page 23 of 49 GEOTECHNICAL ENGINEERING SERVICES - 20I3 CAPITAL IMPROVEMENT PROGRAM CTL Proposal No. EG13063 SUMMARY OF INTEREST Reference: Proposal for Geotechnical Engineering Services 2012 Capital Improvement Program City of Des Plaines (Ref: #13-053) Submitted By: Chicago Testing Laboratory, Inc. 1348 Ridge Avenue Elk Grove Village, IL 60007 p. (847)228-1079 f. (847)228-0633 Contact: Christopher Chan, Regional Manager Project Manager: Peter Triantafillos, P.E. Independent Assurance Manager: Jay Miller Testing Technicians: Lefter Jani, Sachin Patel Soils Support (Geologist): Don Sisson Chicago Testing Laboratory, Inc. (CTL), is pleased to submit our qualification and unit rates for your Request for Proposal for Geotechnical Engineering Services — 2013 Capital Improvement Program. We have reviewed the scope of work, and CTL is confident in having the experience and expertise necessary to exceed the City of Des Plaines' goals and objectives on this project. Senior, experienced staff located in our Elk Grove Village office is readily available to commence work upon being selected. CTL is exceptionally prepared and exclusively qualified to provide the requested scope on this testing project. CTL is proud to offer over 40 qualified and certified individuals, specializing in various transportation testing sub -fields, including: QC/QA construction materials proportioning and evaluation (PCC and HMA Level II IDOT Approved), soils testing (AMRL, ASTM, and IDOT approved), and geotechnical evaluations. CTL's wealth of IDOT experience has afforded us an unparalleled working knowledge of IDOT's specifications, reporting, and MISTIC. No other firm has a better well rounded expertise, nor better matches the required scope for this project than the CTL team. CTL is uniquely qualified and has amassed a group of the most skilled technical employees in the Chicago Area. CTL technicians and managers are not only technically sound, but have also been instructors for IDOT's Quality Control / Quality Assurance training courses for the past decade. Through the ability to instruct and train their piers, CTL's technical staff has become some of the most proficient, knowledgeable transportation materials personnel in the District. In addition to training other firms, CTL has put our money where our mouth is by performing at a superior level on hundreds of local QC/QA projects. Having worked as Quality Assurance on successful IDOT, ISTHA, CDOT. and other City and County projects has further seasoned our technical expertise. As the first consultant to be awarded (and receive a "Good/Excellent" evaluation) an IDOT testing contract, the leader in asphalt and materials testing since 1912, and with the addition of the experience of Schleede Hampton and Associates in 2004, CTL is primed to excel on this project for the City. Chicago Testing Laboratory, Inc. Page 3 EXHIBIT A Page 24 of 49 GEOTECHNICAL ENGINEERING SERVICES - 20I3 CAPITAL IMPROVEMENT PROGRAM CTL Proposal No. EG13063 CTL understands that the overall projects will be for testing and engineering services involving quality assurance/control for hot -mix asphalt (HMA), Portland cement concrete (PCC), Aggregates, and Soils. CTL has specialized in technical quality assurance for almost a century, and has supported IDOT, ISTHA, and dozens of municipalities on hundreds of similar projects in the past several years. CTL has recently completed projects and contracts directly for IDOT including: quality control and assurance testing and inspection (most recently completed on PTB 142-02, PTB 138-02, and PTB 113-19), review and analysis of bituminous and concrete designs (PTB 125-9), bituminous mixture design complex completion and review (PTB 128-6), review of quality control field data and data control systems (CARE -AC), and many other related technical services. In addition, CTL has performed quality assurance/control on Municipality and County projects including: McHenry County, Cook, Will, Grundy, DuPage, and Kane County, Villages/Cities of Northbrook, McHenry, Crystal Lake, Chicago, Schaumburg, Dolton, Alsip, Palos Hills, Crete, Matteson, Dixmoor, Flossmoor, Riverdale, Lansing, and Glenwood to name only a few. CTL has completed the 2006 through 2011 Street Improvement Quality Assurance Inspection for the Village of Northbrook. Once again, the Village of Northbrook has select CTL for the year 2012. Our unmatched experience allowed us to complete the project at less than half the second lowest proposal, and a quarter of the third, while maintaining our "Best in Class" service. CTL finished the job at our proposed amount, saving the Village thousands of dollars. CTL is aware of the need for constant communication between the City of Des Plaines and the consultant for this project, and our approach for project completion addresses this need. Our recent "Good/ Excellent" and "Good" evaluations for our work done under IDOT, District One Quality Assurance contracts, and our continued selections for IDOT, ISTHA, County, and City projects, reflects our commitment to excellence and our understanding of the communication and commitment required on similar assignment types. Chicago Testing Laboratory is proud to have provided Quality Control and Assurance services for similar area projects both as CTL and through our Schleede Hampton & Associates purchase. Our extensive experience means that CTL has the know-how and expertise to complete each task on time and on budget helping maximize the return of the City's investment. We look forward to being a part of the City of Des Plaines' team, and thank you for the opportunity and consideration. Sincerely, CHICAGO TESTING LABORATORY, INC.; Peter Triantafillos, P E. Staff Engineer Christopher Chan, P.E. Regional Manager Chicago Testing Laboratory, Inc. Page 4 EXHIBIT A Page 25 of 49 Chicago Testing Laboratory. Inc. EQUAL EMPLOYMENT OPPORTUNITY POLICY Chicago Testing Laboratory,Inc. has always been fully committed to providing equal employment opportunities without regard to race, color, religion, age, sex, national origin, veteran status, or handicap where unrelated to job performance. This policy relates to all phases of employment including, but not Iimited to, recruiting, employment, placement, upgrading, demotion, transfer, lay off, recall and termination, rates of pay or other form of compensation and participation in ail Company -sponsored activities. I seek cooperation of all employees in helping maintain equal opportunity for all concerned. Jay Miller Vice President EXHIBIT A Page 26 of 49 GEOTECHNICAL ENGINEERING SERVICES 2013 CAPITAL IMPROVEMENT PROGRAM CTL Proposal No. EG1306 3 Project Organizational Cl Peter Triantaftilos, P.E. Project Manager Jay Miller ]-1 Independent Assurance Leger Jam Robert Kramer QA Field Technician Laboratory Technician Sachin Patel QA Field Technician Emily Gillengerten OA Field Technician Other CTL Staff As Needed Don Sisson Geo1ogist/Soils Additional staff at CTL's offices (Thornton, Elk Grove Village, Warrenville, Joliet) would be available for the project on an as needed basis. CTL is confident that our staffing levels will allow us to provide a quality and quantity of personnel in excess of the City's expectations. Technical Capabilities Matrix: Chicago Testing Laboratory, Inc. Page 6 Page 27 of 49 GEOTECHNICAL ENGINEERING SERVICES - 2013 CAPITAL IMPROVEMENT PROGRAM CTL Proposal No. EG13063 PROJECT PERSONNEL Chicago Testing Lab is fortunate to have a team of senior, experienced staff readily available for assignment to this project: Mr. Christopher Chan is the Regional Manager at the CTL Elk Grove office. Chris is a registered engineer in the state of Illinois and has completed certification through both Level III IDOT QC/QA HMA and PCC training. Mr. Chan has a Masters Degree in Geotechnical Engineering from IIT and has a decade of experience on similar testing projects. Chris has run the Elk Grove Village office for the past five years at CTL. Prior to his tenure at CTL Chris was Project Manager at another local consultant where he was in charge of Laboratory Certifications and Safety in addition to his project management responsibilities. Mr. Chan can be listed as a CTL emergency contact and can be reached at (847) 561-4242 twenty-four hours a day. Mr. Peter Triantafillos will assume the position of Project Manager (Liaison Engineer) on this project. Peter is a registered engineer in the state of Illinois and has completed certification through both Level III IDOT QC/QA HMA and PCC training. Mr. Triantafillos has a Bachelors Degree in Civil Engineering from Bradley University and has almost 10 years of experience on similar testing projects. Peter has worked at the Elk Grove Village office for the past three years at CTL and has experience in Project Management. Peter is in charge of Safety at CTL, and has over 17 years of local industry experience. Mr. Jay Miller will assume the duties of Independent Quality Assurance Manager. Jay manages all CTL laboratory and office facilities and personnel, has managed several previous IDOT QA contracts at CTL, and has developed and taught the IDOT Local QA, Bituminous Levels I and III, Aggregates, Superpave Field Control, and Nuclear Density courses. Jay has completed all the IDOT QC/QA training courses offered to date. Jay has almost 9 years of experience as an IDOT employee in District One Bureau of Materials, and has over 20 years local industry experience. Jay has worked on hundreds of local QC/QA projects, and continues to enjoy positive relationships with IDOT Materials personnel. Mr. Lefter Jani will assume the duties of lead Materials QA Technician. Lefter has several years of experience as a laboratory and field technician, and was an integral part of recent successes on previous quality assurance projects as lead laboratory and field technician. Lefter, previously of Schleede Hampton, has completed several projects similar in scope and scale to this project (in addition to providing technical services on past municipality projects) including working as technician on the I-294 pass through tolling projects at plaza 33, 36, 39, Harvard Rte 14 and 173 Bridge Reconstruction project, as Quality Control technician for several Chicago Department of Transportation projects, each of which he performed Level I and II HMA and PCC testing for soils, aggregates, asphalt, and concrete. Lefter is trained through Level II PCC and Level II HMA IDOT QC/QA. Chicago Testing Laboratory, Inc. Page 7 EXHIBIT A Page 28 of 49 GEOTECHNICAL ENGINEERING SERVICES - 2013 CAPITAL IMPROVEMENT PROGRAM CTL Proposal No. EG13063 CTL employs many laboratory and field QA technicians and inspectors that may play a role in this contract, several of which have played lead roles in CTL's previous similar contracts listed herein. A sampling of these CTL personnel and their IDOT QC/QA certifications are listed below: Lefter Jani - 3 day Aggregates with 2 day upgrade; Bituminous Level I, II; PCC Level I, II; Nuclear Density & Safety, S-33 soils. Sachin Patel- 3 day Aggregates with 2 day upgrade; Bituminous Level II; PCC Level II, Nuclear Density & Safety Emily Gillengerten- 3 day Aggregates; Bituminous Level I,II,I1I; PCC Level I,II,111; Nuclear Density & Safety, S-33 soils. Resumes are also provided for the Quality Assurance Project Manager, Independent Assurance Manager, and various technicians expected to perform on this project. Resumes of Kev Staff Chicago Testing Laboratory, Inc. Page 8 EXHIBIT A Page 29 of 49 GEOTECHNICAL ENGINEERING SERVICES - 2013 CAPITAL IMPROVEMENT PROGRAM CTL Proposal No. EG13063 Christopher Chan, P.E. Work Experience Regional Manager (2005 to current) Chicago Testing Laboratory, Inc. March 2005- present Responsible for office management including geotechnical services oversight and support for Aggregates testing services for the Elk Grove Village office. Responsible for oversight of all office activities Level I Bituminous including testing of all materials both QA and Q('. Level II Bituminous Project Engineer (1999 to 2005) Level III Bituminous Level I PCC ECS Midwest, LLC (Engineering Consulting Services, Ltd. family) Buffalo Grove, Illinois Level 11 PCC • prepared geotechnical reports and proposals for subsurface soil exp oration Level III PCC • performed field testing utilizing Menards G -Am Pressuremeter and its analysis • setting up the soils and concrete lab to achieve AASHTO R-18 accreditation Nuclear Density • managed construction monitoring projects Nuclear Safety 4 • ••. di• Chicago Testing a;Ir Laboratory, Inc. Training: • developed and maintained client base • participation in ( orporate Safety Committee Geotechnical Engineer & Assistant Laboratory Manager (1998 to 1999) ERA Engineering, Inc., Baltimore, Maryland ✓ supervised and performed advanced technical work involving, but not limited to, testing of aggregates, concrete, soils and other materials in the field & laboratory. Ensured compliance with ASTM & AASHTO Standards. • involved in geotechnical report preparation • assisted manager with leading/training the group of technicians, perform advanced technical work involving testing of aggregates, concretesoils and other matenals • worked extensively as Field Engineer on soil boring, in-situ testing for subsurface ,nvestigation projects Education Master of Geoiechnical Engineering 2007 Illinois institute of Technology, Chicago, Illinois Bachelor of Engineering: Civil Engineering Structural Engineering Option 1998 Concordia University, Montreal, Quebec, Canada Professional Registration Registered Professional Engineer/Illinois/No 62057474 Registered Professional Engineer/Indiana/No 10607309 Registered Professional Engineer/Wisconsin /No. E-38417 Certification OSHA 29 CFR 1 910.1 20 40 -Hours Hazardous Waste Training with annual refresher updates OSHA 29 CFR 1926 10 -Hours Construction Safety Course IDOT Bituminous Concrete Level I, II & III IDOT Portland Cement Concrete Level I & II IDOT Aggregate Technician Training Chicago Testing Laboratory. Inc. Page 9 EXHIT Page 30 of 49 GEOTECHNICAL ENGINEERING SERVICES 2013 CAPITAL IMPROVEMENT PROGRAM CTL Proposal No EG13063 Jay D. Miller Summary, Education Honors Directed and coordinated quality and operations activities on several of the highest profile constniction projects in Illinois and Michigan. Consistently exhibited praiseworthy managerial, instructing, laboratory, and field services skills resulting in exemplary performance evaluations Northern Illinois University Dekalb, IL Bachelor of Science in Environmental Science Minor: Philosophy GPA: Major 3.816/4.000, Minor 4.000/4.000 Graduated Cum Laude Honors, Northern Illinois University Dean's list / National Honors Society / Illinois State Scholar Experience May 2004 to Chicago Testing Laboratory, Inc. Current Vice President; Director of Operations; Quality ControVAssurance Oct 1996 to April 2001 June 2003 to May 2004 QC/QA Director: Lead Instructor for Illinois DOT and National QC/QA. Lab/Field Director. Direct consulting firm staff of 45-50 technicians & mgrs. QC Director: Direct quality control activities for asphalt plants district wide. Mixture Design Engineer: Manage and coordinate lab bituminous mix designs Illinois Department of Transportation and IRTBA committee member. Engineering Consulting Services Chicago, IL Construction Services Manager Department Manager, responsible for overall operations overseeing 25 30 employees including project managers, technicians, and support staff. Integral in development and direction of the materials laboratory and field services divisions. Responsible for department profit, marketing, and employee relations. City of Geneva committee member. April 2001 to The Iafrate Companies Warren, MI (Company Sold) June 2003 1989 to Oct 1996 Asphalt Operations General Manager; Director of Quality Control General Manager of operations and Director of QC for 7 asphalt and 1 emulsion plant, 4 quarries, and 2 docks Responsible for all operations including: quality control, hot mix sales, materials and trucking, customer relations, budget, and mixture designs. Michigan Department of Transportation committee member (Design, Mixtures, QC/QA) Co - instructor MDOT mix design training course Established once deteriorated quality department as superior to area competition Ch \age Tr„ nq Lal• ,, my, Int, Certifications and Training: 5 Day Aggregates Level I Bituminous Level II Bituminous Level III Bituminous Level I PCC Level II PCC Level III PCC SuperPave Upgrade Nuclear Density Nuclear Safety Nuclear RSO IDOT Soils Density (S33) Documentation of Contract Quantities IDOT QC/QA Instructor: Aggregates Level I Bituminous Level II Bituminous Level III Bituminous Superpave Upgrade QA for Local Agencies Illinois Department of Transportation -Bureau of Materials Elgin, IL Engineering Technician- Design and analysis of bituminous mixes. Accomplishments/Awards: Recognized for strong problem solving skills, repeatedly exhibit superior analysis while designing, managing, and developing projects, aided by strong communication and computer skills. Director for 1998, 99, and 2000 IDOT Certificate of Merit Award Projects & 2000 (Dan Ryan), 2001 (Chicagoland Speedway and I55), 2002 (194 Detroit) National Asphalt Pavement Association Ouality in Construction Awards. National presenter and instructor of quality control and bituminous mixture designs. Published in Asphalt Institute magazine ( hicago Testing Laboratory, Inc. Page 10 Page 31 of 49 GEOTECHNICAL ENGINEERING SERVICES - 20I3 CAPITAL IMPROVEMENT PROGRAM CTL Proposal No. EG13063 Peter Triantafillos, P.E. 17 Years of Experience Peter is an Assistant Project Engineer for Chicago Testing Laboratory. He is responsible for materials management, including testing and geotechnical services oversight. Peter is proficient in laboratory and field quality of asphalt, concrete and soils. Peter has a BS in Civil Engineering from Bradley University and also attended the University of Illinois. Peter is certified through IDOT Level III PCC and HMA. Peter is also certified in the OSHA 30 Hour Construction class and Health Hazards in Construction. Work Experience: • Project Engineer (2009 to present) • Engineering Technician (2001 to 2009) • Engineering Inspector (1998 to 2001) • Civil Engineer (1995 to 1998) Education: Bachelor of Science: Civil Engineering Bradley University, Peoria, IL Professional Registration— Registered Professional Engineer/Illinois/No. 62056796 � v • 5 frill Project Experience • 1.94 Shoulder Investigation, Lake County, IL (MACTEC)— Was part of the CTL team that performed geotechnical exploration and investigation into the potential failure of the embankment slope on the Tollway Shoulder. Results of investigation were used to evaluate slope stability and helped the options for restoration. Chicago Testing Laboratory. Inc. Certifications and Training IDOT HMA level I IDOT HMA Level 11 IDOT HMA Level III IDOT 5 Day Aggregates IDOT PCC Level I IDOT PCC Level 11 IDOT PCC Level III ACI Certified Documentation of Contract Quantities #10-0388 OSHA 30 Hour Construction Health Hazards In Construction Nuclear Density Nuclear HAZMAT Nuclear Safety IDOT S-33 Soils consultant determine Various CTL Projects Documentation Engineer — Reviewed and corrected where necessary dozens of reports for various concrete and hot mix asphalt projects throughout District One as CTL's documentation engineer. Contact with CTL technicians, clients, producer/suppliers where necessary to gather the necessary information for proper completion of IDOT reports for project submittal. • Various Projects/Client — Worked as an asphalt and concrete technician on several jobs providing technician support, including level I testing of HMA and PCC materials. Reporting on various projects associated with provided inspection services • Various IDOT contracts Acted as laboratory and fie''d support on each of a long line of CTL's various IDOT projects. Responsibilities included laboratory support in Chicago Testing Laboratory's Thornton facility, performing Level I and Aggregates testing Experience with specialty green products, including Hot Mix Asphalt and Recycled Asphalt Shingles. Responsibilities included observation and testing of HMA in the field, and testing of HMA and RAS in the laboratory. Reporting on various projects associated with provided inspection and laboratory testing services. Chicago Testing Laboratory, Inc. Page 11 EXHIBIT A Page 32 of 49 GEOTECHNICAL ENGINEERING SERVICES 2013 CAPITAL IMPROVEMENT PROGRAM CTL Proposal No. EG13063 LEFTER JANI Education: Certification: General Experience Statement: Work Experience Relevant Project Experience: Polytechnic University of Tirana, Tirana, Albania Bachelor of Science Earth Science, 1975 ACI Field Testing Technician Grade I Illinois Department of Transportation QC/QA Training Program Level II Portland Cement Concrete Level II Hot Mix Asphalt Nuclear Density Conducts field quality control testing and inspection of all types of construction including, but not limited to: asphalt, concrete, earthwork, reinforcing steel and footings. Assignments have included Held batch plant quality control quality assurance testing of bituminous concrete for various roadway and site development projects in the Chicago area. Performs laboratory testing on soils, aggregate, bituminous concrete and Portland cement concrete to determine engineering properties of materials Chicago Testing Laboratory, Inc - Elk Grove Village, IL Serves as Senior Engineering Technician December 2004 to Present Schleede -Hampton Associates, Inc. Engineering Technician January 2002 to December 2004 Has 15 years prior experience in Geophysics. O'Hare Airport Senior Technician: Current- Divane Lighting Phase 1I (2005) Taxiway F Runway Guard Light & Duct Banc (2004) Aldndge Electric Lighting Phase I (2003) Runway Guard Light Installation Multiple Projects (2003) Runway Guard Light Installation (2004) Rossi & Aldridge Electric at taxiway B holding pad (2004) S-1994 steel (2004) Technician for Rossi Construction (2004) Density Compaction CA -6 (2003) Chicago Testing Laboratory. Inc. 1 1 Kl11111�. IDOT HMA Level I IDOT HMA Level I' IDOT 3 Day Aggregates With 2 Day Upgrade IDOT PCC I IDOT PCC H Nuclear Density Nuclear Safety Chicago Testing Laboratory, Inc. Page 12 EXHIBIT A Page 33 of 49 GEOTECHNICAL ENGINEERING SERVICES 2013 CAPITAL IMPROVEMENT PROGRA M CTL Proposal No. EG13063 Sachin Patel QUALIFICATIONS Performed Portland Cement Concrete and Hot Mix Asphalt materials testing and inspection for various projects including the City of Geneva, Chicago Department of Transportation, and the Illinois State Toll Highway Authority. WORK HISTORY Chicago Testing Laboratory, Inc. 2007 -Present Quality Control Technician for IDOT, ISTHA and CDOT asphalt and concrete construction projects. Project assignments included ISTHA I294, Ogden Materials Field support, O'Hare Airport 9L -27R. Experience in performing laboratory and field quality control/quality assurance and non-QC/QA testing PROJECT EXPERIENCE Chicago Testing Laboratory. 1r c. Certifications & Training: IDOT 3 Day Aggregates with 2 Day Upgrade IDOT PCC I, II IDOT HMA I, [I Nuc:ear Density Nuclear Safety • City of Des Plaines Field Density of Aggregate O Chicago Department of Transportation (Ogden Materials) Field Density Support for various projects, responsible for field density testing and laydown operations • 1294, Illinois State Toll Highway Authority (STV Inc.) Quality Assurance field concrete and density on this pass through tolling project, responsible for stone and asphalt density, and concrete air, slump, temperature. • Chicago Department of Transportation (Eagle Concrete/Precision Cement) Quality Control support for Portland Cement Concrete on several QC/QA projects for the City of Chicago 2006/07 rehabilitation piogram Chicago Testing Laboratory, Inc. Page 13 EXHIBIT A Page 34 of 49 GEOTECHNICAL ENGINEERING SERVICES 2013 CAPITAL IMPROVEMENT PROGRAM CTL Proposal No. EG13063 DONALD K. SISSON Geologist/ Senior Engineering Technician Education: Geotechnical Skills: Olivet Nazarene University, Kankakee, IL Bachelor of Science - Geology, 1996 Minor - Chemistry USDA soil survey review, geology and pedology review, site reconnaissance, boring layout, utility clearance, project coordination, sampling, preparation of boring logs, field and laboratory testing of soil, soil classification (AASHTO and Unified), level transit survey methods, drafting of soil profile. Applicable Project Experience. Work History: 1998 Runway 4R/22 t. & Taxiway 'S' Rehab H609 Asphalt lab testing at Allied (Des Pla&nes/Hillsidc labs Client: Bowman, Barrett & Assoc., Inc. 1998 American Airlines Baggage Room Renovation Client. Everest Engineering Co. Concrete Field Testing, Nuclear Density Testing American Airlines Renovation of Concourse `G' Client: James McHugh Construction Concrete Field Testing ATS Remote Station Client: Tishman Construction Corp. of 11. Concrete Field Testing Taxiway P, Taxiway A, Taxiway A bridge Rehabilitation H6016 Client: Bowman Barrett & Assoc. Concrete Field Testing 2000 Water Pressure Implementation Study (Cor:struction of Buildings/pavements) Client: Cotter Consultants Concrete Field Testing, Asphalt Field Testing, Density Field Testing Concourse H & K Food Court Remodeling Client: Tishman Construction Corp., of IL Concrete Field Testing Parking lot B& C Rehabilitation I-15071 Client- Bowman Barrett & Assoc., Inc. Asphalt Field Testing diil,"- Chicago TestingLaboratoryry,,Inc.n Certifications & Training: IDOT HMA Level I IDOT HMA Level II IDOT Aggregates IDOT PCC I IDOT PCC 1I Nuclear Density Nuclear Safety Chicago Testing Laboratory/Schleede-Hampton Associates, Inc. -- Elk Grove Village, IL Serves as Geologist/Senior Engineering Technician September 1997 to Present (CTL acquired SHA on 12/1/04) Chicago Testing Laboratory, Inc. Page 14 EXHI Page 35 of 49 GEOTECHNICAL ENGINEERING SERVICES - 2013 CAPITAL IMPROVEMENT PROGRAM CTL Proposal No. EG13063 FIRM PROJECT EXPERIENCE CTL is committed to the principles of quality, from design through construction. As a professional consulting engineering firm CTL strives to: ❑ Ensure customer satisfaction through meaningful process control. ❑ Maintain a high level of Total Quality Management and professionalism. ❑ Maximize our quality of service. o Exercise Value Engineering. CTL provides professional engineering services to agencies, contractors, consultants and material producers and supports and works with other associations on issues of common interest. CTL is the sub -consultant to Lake Land College, now for over 10 years, for the IDOT QC/QA certification training held in District One. CTL personnel supply a large portion of the training for the IDOT, contractor and consultant workforces wanting training and certification in the program. In 1998 Lake Land College, through administering the IDOT QC/QA training program, was the recipient of the Illinois Community College Board Award for Excellence in Workforce Preparation. CTL was pleased to be a part of that team. Inside and outside of Illinois CTL has taught several courses to various agencies and industry on the proper use of soils, asphalt, concrete, and other construction materials. CTL assisted in the update of the Federal Highway Administration's Hot Mix Asphalt Construction training course. The FHWA, state agencies, and construction industry personnel worldwide have used this course to train new and experienced workers in the proper use of road construction materials. CTL also developed the IDOT local agencies training course, and co -developed several other IDOT training programs. Project Specific Experience CTL possesses the expertise required to perform the scope of work for this assignment. CTL's laboratories are IDOT, AMRL, ASTM -approved bituminous, concrete, and soils testing facilities, staffed with QC/QA Certified Union Technicians. CTL laboratories are all capable of testing soils, asphalt, and concrete and are approved annually by the Illinois Department of Transportation. CTL is the only firm in the State of Illinois with multiple facilities approved by AMRL (EGV, Warrenville and Thornton). CTL's laboratory in Thomton, Illinois has been the northern facility providing IDOT QC/QA training for over 10 years and has been featured in several trade publications. CTL has the advantage of several approved laboratories, so if there is ever a need for backup equipment, we have the extra capacity, including more than 20 nuclear gauges. CTL strives for successful completion of each project by providing well-qualified personnel to furnish superior quality testing while maintaining a fast turnaround on all testing and reporting. CTL ratings for work done on IDOT projects have been "good" or better. CTL personnel have worked on a variety of agency contracts and in a variety of ways, from Resident Engineer to Materials Inspection. The following is a list of recent successful projects where CTL has Chicago Testing Laboratory, Inc. Page 15 EXHIBIT A Page 36 of 49 GEOTECHNICAL ENGINEERING SERVICES - 2013 CAPITAL IMPROVEMENT PROGRAM CTL Proposal No. EG13063 performed tasks similar if not identical to those required for the Quality Assurance testing required under this contract: Similar or More Complex Project Scope: PTB 142-02, 138-02, 128-06, 125-09, 113-09 (IDOT) working directly as an IDOT consultant providing various/various quality assurance type inspection directly for the Illinois DOT. Tasks have included: aggregate plant sampling, testing and inspection, hot mix asphalt plant site and field inspection, Portland Cement concrete, precast concrete structure inspection, and other laboratory and field testing. CTL also recently completed mixture design evaluation projects including the completion of over $400,000 worth of HMA mixture design projects, both complex and more complex. CTL's work resulted in several IDOT policy changes from research and development completed on specialty mixes, including Sand Mix Leveling, Stone Matrix Asphalt, Polymer Mixes, and other specialty HMA. These projects were completed with evaluations from "Satisfactory" to "Good/Excellent". I294 & I90 ISTHA Reconstruction/Expansion and Addition of Pass Through Tolling, Plazas 33, 35, 36, 39, 16, and 19 from on I294 from I80 to I90, and at the Devon and River Road tolls. CTL performed materials coordination and management and inspection including soils, asphalt, concrete, aggregates (on and off site), and structural steel for Bridges. CTL was integral in working with the ISTHA, through our client, in ensuring all structural steel manufacturer testing was completed in a timely, efficient, fashion even when the Illinois DOT was unable to provide this testing. CTL was also responsible for coordinating these activities, and notified the ISTHA of the need when the gap in testing was discovered. Since this time, CTL has been providing the required testing on these materials in addition to the standard scope. CTL provided as many as 11 technicians a day to these complex projects including several of the technicians proposed for utilization on the McHenry County project. CTL also supported an inexperienced client on several of these projects, including educating their project management and engineering in the intricacies of IDOT quality assurance processes. I80/194 ISTHA Tollway Expansion and Addition, from 1294 to Dixie Highway, Reconstruction Including Multiple Bridge Decks, Full Depth Concrete, and Roadway Widening, CTL performed materials coordination support, construction inspection support, and materials inspection including soils, asphalt, concrete, and aggregates. As of this project, the tollway has been following IDOT QC/QA specifications and special provisions, therefore, all IDOT specifications and procedures were used and monitored by CTL on this and the other referenced ISTHA projects. Chicago Department of Transportation Materials and Construction Inspection (coordinated 30% DBE participation on this project), CTL was responsible for inspection and documentation of all HMA and PCC project materials for all materials used on CDOT projects. CTL provided several technicians to oversee Quality Assurance on asphalt and concrete placement projects including plant and field Chicago Testing Laboratory, Inc. Page 16 EXHIBIT A Page 37 of 49 GEOTECHNICAL ENGINEERING SERVICES - 20I3 CAPITAL IMPROVEMENT PROGRAAf CTL Proposal No. EG13063 inspection, plant proportioning (both HMA and PCC) and field density and concrete air and slump. CTL technicians were the preferred providers of testing for the city of Chicago, and were instrumental in the oversight of quality for a two year contract. Dan Ryan Expressway Resurfacing, 31st St. to 67th St. (QC) and 67th St. to 99th (QA), Steel Slag Polymer Modified Asphalt, CTL was responsible for inspection and documentation of HMA and PCC project materials on each of these award winning projects. Providing Quality Control services for this priority IDOT project, CTL's role included plant proportioning and field density inspection, providing Quality Control services for the North priority IDOT project, CTL's role included quality management and QA technical services including laboratory and field testing of HMA and PCC. CTL was proud to be part of the Dan Ryan Expressway Resurfacing Project from 67th to 99th Streets which was awarded the National Asphalt Pavement Association's Quality in Construction Award. CTL provided the Quality Control testing and inspection on this project. CTL was proud to be part of the Dan Ryan Expressway Resurfacing Project from 35'h to 67th Streets which was awarded the 1DOT Certificate of Merit Award. CTL provided Quality Assurance testing and inspection on this project. CTL and CTL personnel have also performed inspection services on several other local and national award winning projects including the Joliet Motor Speedway, I294 resurfacing, IL 53 reconstruction, I94 through Detroit, etc. Eisenhower Expressway Resurfacing, I-290, Circle Interchange to Mannheim, Large Stone 'A' Binder and Steel Slag Polymer Modified Asphalt, CTL was responsible for inspection and documentation of HMA project materials. As Quality Assurance on this project, CTL performed laboratory and field testing of HMA and PCC and was responsible for assisting in quality management and documentation of materials for IDOT. McHenry County Inspection, for several years, Schleede Hampton and Associates (now Chicago Testing Laboratory) was proud to perform inspection services for McHenry County. SHA/CTL employees are experienced in the expectations of the County, and on similar projects, and are experienced on McHenry and other local projects for providing Proportioning of Bituminous Mixtures, testing of QC/QA and method specifications products, field compaction, aggregate testing, HMA and PCC laboratory testing, soils, concrete air and slump, HMA coring, and any other scope for this project. CTL has also successfully completed Quality Control/Quality Assurance testing for hundreds of MFT Projects in Dolton, Alsip, Palos Hills, Crete, Matteson, Dixmoor, Flossmoor, Riverdale, Lansing, Glenwood, Northbrook, Homewood, Aurora, Grundy County, to name a few. CTL was responsible for asphalt and concrete inspection on each of these projects, and continues to be the firm of choice for local QC/QA projects. Chicago Testing Laboratory, Inc. Page 17 Page 38 of 49 GEOTECHNICAL ENGINEERING SERVICES - 2013 CAPITAL IMPROVEMENT PROGRAM CTL Proposal No. EG13063 Less Complex Project Scope: Harvard Rte 14 & 173 CTL was responsible for inspection and documentation of Portland Cement Concrete on this bridge reconstruction project. Supplying as many as two technicians to cover this IDOT bridge construction, testing included casting and testing of concrete cylinders for compressive strength testing in our laboratory and site field testing of concrete including air, slump, and yield. Geske and Sons Quality Control CTL was responsible for all quality control for this asphalt plant located in Crystal Lake and provided plant site proportioning and field site quality control for Geske's 2006 project season. All projects followed Illinois Department of Transportation specifications and special provisions and were completed with Level I and II HMA technicians from our McHenry office. CTL provided the same service for at least 2 other McHenry County asphalt suppliers and as many as 10 asphalt plants in the Chicago Area. CTL provided as many as 15 technicians at a time to cover HMA Quality Control operations for these multiple District One HMA producers. Algonquin Road Extension Geotechnical Evaluation CTL was responsible for the Geotechnical Evaluation and Reporting for this future expansion of Algonquin Road in Huntley for the County of McHenry. CTL Conducted geotechnical exploration for the proposed Algonquin Road Extension (Illinois Route 62) between Illinois Route 47 and Harmony Road in McHenry County, Illinois. The proposed 3.75 mile roadway is anticipated to be 5 lanes with a pavement width of about 60 feet, and construction new structures will be required at the Union Pacific Railroad, a river crossing and a creek crossing. The field exploration included probing for peat, fourteen (14) abutment borings to depths of about 75 feet, and seventy-two (72) roadway profile borings extending to depths of 10 to 15 feet below the existing ground surface. The scope of this exploration and analysis included subsurface exploration, and field and laboratory testing, analysis of the data obtained, formulation of our recommendations, and preparation of the report. Over 1,000 lineal feet of drilling was performed for the pavement and structure borings; a total of about 85 borings. The borings extend to depths of 10 to 100 feet below the existing grade. CTL has worked on hundreds of projects similar in scope and scale to this project, and has been considered the materials experts for over 95 years. CTL has specialized in transportation type projects, and has been trusted by IDOT and Lake Land College to oversee and staff the Northern training facility providing IDOT QC/QA training for the past decade. No other consultant is more knowledgeable or experienced with IDOT standards than Chicago Testing Laboratory. Summary of Additional Project Experience Kennedy Expressway Resurfacing (IDOT) with Stone Matrix Asphalt. CTL filled the role of lead technician on this night time resurfacing project for the Illinois Department of Transportation under contract 138-02. CTL's role included providing Quality Assurance oversight and support directly for the department. Project feedback/reviews were excellent. Chicago Testing Laboratory, Inc. Page 18 EXHIBIT A Page 39 of 49 GEOTECHNICAL ENGINEERING SERVICES - 20I3 CAPITAL IMPROVEMENT PROGRAM CTL Proposal No. EG13063 Lake Shore Drive Resurfacing, North and South Projects, Air Cooled Blast Furnace Slag HMA, CTL was responsible for inspection and documentation of HMA and PCC project materials. Calumet Expressway Resurfacing, I-94/90, 1-57 to I-80, Steel Slag SMA, CTL was responsible for inspection and documentation of HMA project materials. Illinois Street over the Fox River CTL conducted geotechnical exploration for the proposed road and bridge widening and reconstruction of Illinois Avenue over the Fox River from Orchard Ave. to Illinois Route 25 in Aurora, Illinois. Allendale Road Bridge CTL performed a soil survey for the proposed road and bridge reconstruction at Allendale Road over Vander Karr Creek in Greenwood Township, McHenry County, Illinois Illinois Route 56 at Kirk Road/Farnsworth Road Provided geotechnical subsurface exploration and engineering services for the design of intersection traffic control structures at the intersection of Illinois Route 56 and Kirk/Farnsworth Roads in Aurora, Illinois. CTL continues to be proud of our relationship with the Illinois Department of Transportation. Over the past several years, CTL has been selected on more Quality Assurance type IDOT contracts than any other local consultant. These contracts included supplying asphalt mixture designs and field and laboratory technician services directly as IDOT representatives. Projected workload and capacity to perform CTL is currently rated by IDOT's Consultant Services Unit to have the capacity to generate $6,200,000 per year in transportation project fees and we have the capacity to fulfill this assignment. CTL is prequalified in the areas of General Geotechnical Services, Subsurface Explorations, Structure Geotechnical Reports, Construction Inspection, QA HMA/PCC & Aggregate. All of Chicago Testing Laboratory's technicians are members of and signatory to the International Union of Operating Engineers Local 150, as equired by the IDOT and the Illinois State Toll Highway Authorities project labor agreements. CTL abides by all prevailing wage standards. CTL is exceptionally qualified and uniquely prepared to perform the technical services required for this City wide project. Chicago Testing Laboratory: • has the facility and employees capability of providing the necessary scope, • has the project experience, including prior IDOT/County contracts, • is familiar with IDOT specifications and requirements, • has the necessary local staff with multidiscipline expertise, • has experienced Quality Assurance Project Engineer, Independent Assurance Manager, QA Laboratory and Field Technicians available for assignment. • has the current workload such that we can handle this important assignment for the City with the intentions of exceeding all expectations. Chicago Testing Laboratory, Inc. Page 19 EXHIBIT A Page 40 of 49 GEOTECHNICAL ENGINEERING SERVICES - 2013 CAPITAL IMPROVEMENT PROGRAM CTL Proposal No. EG13063 SCOPE OF SERVICES This Request For Proposal (RFP) consists of providing phase III engineering services to provide plant and field quality assurance sampling, testing, and reporting responsibilities of Hot Mix Asphalt (HMA) and Portland cement concrete (PCC) testing, as well as compaction testing of trench backfill and aggregate sub -base. The scope of work will consist of Chicago Testing Laboratory supplying a Quality Assuance Project Engineer; QA laboratory and field testing managers, Level I and II trained testing technicians; and approved laboratory and equipment/facilities to potentially perform these duties on an as -needed basis. CTL possesses the expertise required to perform the scope of work for this assignment, and has proven this fact on several previous City, IDOT, ISTHA, and other contracts. CTL's four laboratories are IDOT-approved facilities, staffed with QC/QA Certified Technicians. CTL personnel have worked on a variety of agency contracts and in a variety of ways, from Resident Engineer to Materials Inspection. In summary, Chicago Testing Laboratory has proven to be a valued member of past project team on several key previous contracts and projects, and would be proud to continue to expand our positive relationship as part of the City of Des Plaines' team on this Quality Assurance Testing project. CTL has offices located convenient to the project with experienced staff conveniently residing near the city, and dozens more available for as needed support. CTL has performed at a "Best In Class" level on hundreds of similar local projects, and will continue to show our commitment to the City by performing at a level above your expectations on this project. Through our unmatched experience on previous similar projects, CTL will ensure the project support to the City is thorough while helping ensure that project materials and quality control meet or exceed the project specifications. CTL will accomplish this while minimizing the expense to the City, again through our years of similar experience and instructing CTL has been able to gain an unparalleled understanding of specification requirement that will help us fulfill the project requirements without the need for additional time and expense that other inexperienced firms may incur. This will result in a positive outcome that will maximize The City of Des Plaines', and ultimately the City resident's investment on this project! Chicago Testing Laboratory, Inc. Page 20 EXHIBIT A Page 41 of 49 GEOTECHNICAL ENGINEERING SERVICES 2013 CAPITAL IMPROVEMENT PROGRAM CTL Proposal No. EG13063 SCHEDULING It is understood that services rendered on this project will be for the 2013 construction season. CTL is prepared to response to calls put in by the City of Des Plaines. However, we request that advance notice be provided to us. Technician scheduling is expected to occur by office call or fax before 3:00 pm the previous day, and should be completed in addition to the onsite technician being notified to ensure scheduling completion. Calls received after 3:00 pm or on the same day may be cause for delay in scheduling, and may result in immediate overtime rates for that day. CTL makes all effort to fulfill scheduling calls; as a benefit of have multi -office locations with the Chicagoland area, we have the luxury to be able to call upon our local offices to supplement the Elk Grove Village office in the time of need. There, we are confident that the City of Des Plaines' needs will be met and exceeded. UNIT RATES Reference Table in Appendix for Unit Rates requested by City of Des Plaines. Unit rates shown are for hourly field testing and each item laboratory tests as typical. All laboratory testing unit rates include any administrative costs. CTL will be responsible for providing the correct level of trained individual for the project according to project requirements and demand. Unit rates shown are for the 2013 City of Des Plaines — Geotechnical Engineering Services and are effective for the duration of this project only. Any work done after the duration of this contract will be subject to a six percent escalation factor. Technician time will be billed in half days (4 hour increments) with any time exceeding 4 hours will be considered a full day (8 hours). Mileage to get to and from the job will not be reimbursed. Standard travel time portal to portal from our Elk Grove Village office will be added to all site visits with the exception of Cylinder Pick-ups and is part of the 4 hour minimum ('/2 day minimum charge). Excessive changes in the prevailing wage by the Illinois Department of Labor during the duration of this contract may result in a modification to the corresponding unit rates. Our unit rates are based on a normal 8 -hour workday within the standard working hours of 7:30 am to 5:00 pm, with overtime after 8 hours per day, on Saturday, and outside of standard working hours. INSURANCE Chicago Testing Laboratory carries general and professional liability. The coverage amounts are indicated on the sample certificates found in the Appendix. Chicago Testing Laboratory, Inc. Page 21 EXHIBIT A Page 42 of 49 GEOTECHNICAL ENGINEERING SERVICES 2013 CAPITAL IMPROVEMENT PROGRAM CTL Proposal No. EG13063 CONFLICT OF INTEREST STATEMENT CTL is dedicated to providing uninterrupted Quality Assurance for the City of Des Plaines. Should a conflict occur, as is standard protocol on our IDOT contracts, we will immediately notify the city of the potential, whether real or implied. Once identified, CTL will work with our contractor client(s) to ensure we are not providing Quality Control services on any City of Des Plaines projects, ensuring no conflict will occur. To date, no conflict has been observed which may interfere with our ability to provide Quality Assurance services to the City of Des Plaines. Although it is understood that potential conflicts could occur, it is unlikely, based on our existing client structure that we will see any conflicts during the duration of this contract. Chicago Testing Laboratory, Inc. Page 22 EXHIBIT A Page 43 of 49 GEOTECHNICAL ENGINEERING SERVICES 2013 CAPITAL IMPROVEMENT PROGRAM CTL Proposal No. EG13063 ACCEPTANCE CTL Proposal No. EG13063 Reference: Geotechnical Engineering Services 2012 Capital Improvement Program City of Des Plaines Please sign and return this acceptance form as your agreement to proceed with the scope of work as indicated. By signing this form, you agree to remit payment to CTL at the rates listed in the referenced proposal. Company Name: Contact Name. Address: Telephone Number: Fax Number: Signature: Date: Chicago Testing Laboratory, Inc. Page 23 EXHIBIT A Page 44 of 49 . 1 1 T GEOTECHNICAL ENGINEERING SERVICES - 2013 CAPITAL IMPROVEMENT PROGRAM CTL Proposal No. EG13063 Appendix Chicago Testing Laboratory, Inc. Page 24 EXHIBIT A Page 45 of 49 r 41 4 GEOTECHNICAL SERVICES FOR 2013 CAPITAL IMPROVEMENT PROGRAM Lahoratorv: Topsoil analysis per contract specifications S SS i; per EACH Aggregate Gradation and Unit \'Veidt Determination $ 11-S. per EACH Bituminous e% tractions $ i S`O per EACH Marshall Stability 5 t 6-0 per EACH HMA Pavement Core Analysis for MIA Base Course 5 50 per EACH HMA Pavement Core Analysis for HMA Surface Course S 50 per EACH HMA Pas ement Patch Nuclear Testing 5 .5v per EACH Sets` of 4 P.C.C. Cylinders 5 0 per SET Set* of 4 Pen wits Concrete Cylinders 5 tic per SET * 1 set of cylinders is defined as 7. 14 and 28 day breaks with one cylinder on hold Field Inspecti on: (nuclear test inn) Controlled Trench Backfill. % dad minimum charge $ 'ct, per HOUR Aggregate Sub -base, '/ day minimum charge 5 Se. per HOUR HMA Base Course. % day minimum charge 5 Ezel per HOUR HMA Surface Course, i dad minimum charne 5 per HOUR HMA Pat ement Patch. '/ day minimum charge 5 `<' 2- per HOUR Cylinder Pick-up $ St. per TRIP Plant Inspection: Concrete Source. %a day minimum charge HMA Base Course. '/ day minimum charge HMA Surface Course.'/ day minimum charge Additional Costs. if any: (please itemise) $ `D per HOUR S per HOUR $ 6 per HOUR EXHIBIT A Page 46 of 49 A`co� r8? V L! CERTIFICATE OF LIABILITY INSURANCE TE (MM/DDIYYYY) DATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on thls certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER DS&P Insurance Services Inc 1530 S Dundee Rd 2nd Floor Palatine IL 60074 CONTACT PHOS: Robert S Schutz (AIC No. Eat): (847) 934-6100 ' (AIC,No): (847) 934-6186 E-MAIL ADDRESS: PRODUCER CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Chicago Testing Laboratory Inc. 18100 3. Indiana Avenue Thornton IL 60476 INSURER A :Phoenix Insurance Company 25623 INSURERB:Charter Oak Fire Insurance Co 25615 INSURERC:Travelers Indemnity Co of Americ 5/1/2013 25666 38318 INSURERD:Starr Indemnity & Liability Co. INSURER E : INSURERF: CLAIMS -MADE 1 COVERAGES CERTIFICATE NUMBER: Cert ID 10834 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH OF INSURANCE PERTAIN, POLICIES -DSL INSR NRA WVD LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS SHO_ WN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF POLICY NUMBER POUCY EFF IMM/DO/YYYY) POUCY EXP (MMIDDIYYYY) OMITS A GENERAL X UABILITY COMMERCIAL GENERAL LIABILITY OCCUR DTCO6S652655PBX12 5/1/2012 5/1/2013 EACH OCCURRENCE TlAl PREMISES (Ea occurrence) $ 1,000,000 $ 100,000 CLAIMS -MADE 1 X] MED EXP (Any one person) $ 10,000 X XCU Included PERSONAL/LAD/INJURY $ 1,000,000 X Contractual Liab GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREjG�ATE LIMIT APPLIES PER —1 POLICY I X I Ro- n LOC PRODUCTS • COMP/OPAGG $ 2,000,000 B AUTOMOBILE X -- X X UABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS DT8106B652655C0F12 5/1/2012 5/1/2013 COMBINEDSINGLE LIMIT BId $ 1,000,000 BODILY INJURY (Par person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident)S $ $ D X UMBRELLALIAB EXCESS UAB X OCCUR CLAIMS -MADE SISCCCLO1782112 5/1/2012 5/1/2013 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10, 000, 000 DEDUCTIBLE RETENTION $ $ $ C WORKERSCOMPENSATIONDTHU86B65265512 AND EMPLOYERS' LIABILITY AND ANY PROPRIETOR/PARTNERIEXECUT1VE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS Y / N N / A 5/1/2012 5/1/2013 X TORY LIMITS ER E L EACH ACCIDENT $ 1,000,000 N E L DISEASE - EA EMPLOYEE $ 1,000,000 below E L DISEASE - POUCY UMIT $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) ****PROOF OF INSURANCE**** CERTIFICATE HOLDER CANCELLATION SAMPLE CERTIFICATE I SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUT�ORRIIZED REPRESENTATIVE (H ACORD 25 (2009109) EXHIBIT A ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 1 of 1 Page 47 of 49 ATTACHMENT 2 SERVICES CHANGE ORDER In accordance with Section 4.1 of the Contract dated , 20 between the City of Des Plaines (the "City") and (the "Consultant"), the Parties agree to the following Services Change Order: 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 Change in Compensation: 5. Change in Project Specific Pricing (if applicable). ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN UNCHANGED EXHIBIT A [signature page follows] -2 Services Change Order Page 48 of 49 l CITY CONSULTANT Signature Director of Public Works and Engineering Signature Name (printed or typed) , 20 , 20 Date Date If compensation increase greater than $(2,500J, then the City Manager's signature is required. Signature City Manager Date , 20 If compensation greater than $[10,000), then the City Council must approve the Services Change Order in advance and the City Manager or Mayor's signature is required. Signature [title) ,20 Date #23194913 v2 -3- Services Change Order EXHIBIT A Page 49 of 49 z oF 01' 11 DES PLAINES ILLINOIS Consgptdaltems #4 & 4a City of Des Plaines Public Works and Engineering Department 1420 Miner Strtet Des Plaines, IL 60016 Tel: 847-391-5390 Fax: 847-391-5619 MEMORANDUM Date: To: From: Cc: May 13, 2013 Michael G. Bartholomew, MCP, LEED-AP, City Manager Jon Duddles, P.E:, CFM, Assistant Director of Public Works and Engineering Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Ref. #13-75 Subject: 2013 Capital Improvement Program Street & Utility Improvements —Contract C Bid Award Issue: Bids for the 2013 Capital Improvement Program Street & Utility Improvements Contract C were opened May 23, 2013. The scope of work is summarized below: STREET NAME LIMITS SCOPE OF WORK Warrington Rd Mt. Prospect -Golf Resurface Washington St. Western -Laurel Storm Sewer Westgate Rd. Warrington -Fletcher Rehabilitation Wicke Ave. River -Center Resurface Perry St. Graceland-Laurel Storm Sewer Laurel Ave Washington -Perry Storm Sewer Leahy Circle Stark -Clark Storm Sewer Meyer Ct. Cumberland -Davis Rehabilitation Good Ave. Ballard -Church Storm Sewer Howard Ave. Mt. Prospect -Clearwater Rehabilitation, Storm Sewer Analysis: This project will provide additional storm sewer capacity in the improvement area and will help alleviate street flooding and sanitary sewer inflow. Street rehabilitation projects include replacement of driveway aprons, uneven sidewalks, and curbs with drainage problems, as well as resurfacing the roadway. Street reconstruction projects consist of replacing the full pavement, curb, apron and uneven sidewalks. The storm water component of the improvement is part of the accelerated storm water program that was approved in the 2013 budget. Page 1 of 60 Following are the bid results: BIDDER'S NAME BID AMOUNT Orange Crush L.L.C. i $2,838,929.35 Madam Construction $2,861,554.30 John Neri Construction I $2,947,483.25 Berger Excavating Contractors $3,258,523.70 The Engineer's Estimate of Cost was in the amount of $2,989,814.00. Recommendation: References supplied by the low bidder, Orange Crush, L.L.C. are favorable. We recommend award of the 2013 Capital Improvement Program, Contract C to Orange Crush, L.L.C., 321 South Center Street, Hillside, IL 60162 in the amount of $2,838,929.35. Source of funding would be the Capital Projects Fund ($2,413,929.35) and Grant Funded Projects Fund ($425,000). Attachments: Bid Tabulation Resolution Contract (Exhibit A) H:\Eng!neeeing\Correspondence\C.ty Council Meeting\2013\6 3 13\Bid Award Contract C\1 - 2013 Contract C Bid Award.docx Page 2 of 60 Local Agency: County: Cook Date: 5/23/2013 Name of Bidder Address of Bidder: Orange Crush, L.L.C. Marcam Construction, Inc. John Neri Construction Co., Inc. Berger Excavating Contractors, Inc. Des Plaines Time: 10:00 AM 321 South Center Street 1200 Gasket Drive 770 Factory Road 1205 Garland Raod Section: 2013 CIP - CONTRACT C Appropriation: Hillside, IL 60162 Elgin, IL 60120 Addison, IL 60101 Wauconda, IL 60084 Estimate: Attended By: Proposal Guarantee: Terms Approved Engineer's Estimate Item No. Item Unit Quantity Unit Price Total Unit Price Total Unit Price Total .. nit Price Total Unit Price Total 1 EXPLORATION TRENCH FOOT 350 $18.00 $6,300.00 $10.00 $3,500.00 $10.00 $3,500.00 $10.00 $3,500.00 $15.00 $5,250.00 2 INLET FILTERS EACH 169 $125.00 $21,125.00 $125.00 $21,125.00 $50.00 $8,450.00 $50.00 $8,450.00 $150.00 $25,350 00 3 TREE REMOVAL (OVER 15 INCH -DIAMETER) IN -DIA 102 $30.00 $3,060 00 $35.00 $3,570 00 $32.00 $3,264.00 $28.00 $2,856.00 $40.00 $4,080.00 4 TREE TRUNK PROTECTION EACH 246 $60.00 $14,760 00 $60.00 $14,760.00 $80.00 $19,680.00 $65.00 $15,990.00 $65.00 $15,990.00 5 TREE ROOT PRUNING EACH 14 $125.00 $1,750 00 $150.00 $2,100.00 $120.00 $1,680.00 $100.00 $1,400.00 $65.00 $910.00 6 M.H., C.B., V.V., TO BE ABANDONED EACH 1 $100.00 $100.00 $500.00 $500.00 $400.00 $400.00 $500.00 $500.00 $450.00 $450.00 7 M.H., C.B., V.V., TO BE REMOVED EACH 36 $100.00 $3,600.00 $300.00 $10,800 00 $400.00 $14,400.00 $300.00 $10,800.00 $500.00 $18,000.00 8 SANITARY M.H. TO BE REMOVED EACH 5 $150.00 $750.00 $350.00 $1,750.00 $500.00 $2,500.00 $350.00 $1,750.00 $700.00 $3,500.00 9 C.B., TY -C, 2' DIA., BEEHIVE GRATE EACH 17 $1,200.00 $20,400.00 $900.00 $15,300.00 $1,200.00 $20,400.00 $900.00 $15,300.00 $1,000.00 $17,000.00 10 C.B., TY -C, 2' DIA., CURB FRAME & OPEN LID EACH 30 $1,450.00 $43,500.00 $1,100.00 $33,000.00 $1,400.00 $42,000.00 $1,100.00 $33,000.00 $1,150.00 $34,500.00 11 C.B., TY -C, 2' DIA., ROUND FRAME & OPEN LID EACH 3 $1,450.00 $4,350.00 $1,000.00 $3,000.00 $1,300.00 $3,900.00 $1,000.00 $3,000.00 $1,025.00 $3,075.00 12 C.B., TY -A, 4' DIA., CURB FRAME & OPEN LID EACH 12 $1,900.00 $22,800.00 $2,650.00 $31,800.00 $2,200.00 $26,400.00 $2,650.00 $31,800 00 $2,400.00 $28,800.00 13 M.H.,C.B.,V.V TO BE ADJUSTED, NEW FRAME & LID EACH 27 $450.00 $12,150.00 $550.00 $14,850.00 $650.00 $17,550.00 $550.00 $14,850.00 $775.00 $20,925.00 14 M.H.,C.B.,V.V. TO BE RECONSTRUCTED, NEW FRAME & LID EACH 7 $900.00 $6,300.00 $1,300.00 $9,100.00 $1,250.00 $8,750.00 $1,300.00 $9,100.00 $1,020.00 $7,140.00 15 STORM MANHOLE, TY -A, 4' DIA, ROUND FRAME & CLOSED LID EACH 22 $1,700.00 $37,400.00 $2,800.00 $61,600.00 $2,400.00 $52,800.00 $2,800.00 $61,600.00 $2,300.00 $50,600.00 16 STORM MANHOLE, TY -A, 5' DIA, ROUND FRAME & CLOSED LID EACH 9 $2,300.00 $20,700.00 $3,400.00 $30,600.00 $3,600 00 $32,400.00 $ ,400.00 $30,600.00 $3,165.00 $28,485.00 17 SANITARY M.H., TY -A, 4' DIA, ROUND FRAME & CLOSED LID EACH 5 $3,350.00 $16,750.00 $4,250.00 $21,250.00 $5,000.00 $25,000.00 $4,250.00 $21,250.00 $2,775.00 $13,875.00 18 SAN. M.H. TO BE ADJUSTED, NEW FRAME & LID EACH 4 $500.00 $2,000.00 $750.00 $3,000.00 $750.00 $3,000.00 $750.00 $3,000.00 $670.00 $2,680.00 19 SAN. M.H. TO BE RECONSTRUCTED, NEW FRAME & LID EACH 5 $1,000.00 $5,000.00 $1,400.00 $7,000.00 $1,650.00 $8,250.00 $ ,400.00 $7,000.00 $1,460.00 $7,300.00 20 REMOVE FIRE HYDRANT EACH 7 $500.00 $3,500.00 $600.00 $4,200.00 $500.00 $3,500.00 $600.00 $4,200.00 $725.00 $5,075.00 21 FIRE HYDRANT AND AUXILIARY VALVE EACH 7 $4,000.00 $28,000.00 $6,800.00 $47,600.00 $4,500.00 $31,500.00 $$,800.00 $47,600 00 $6,900.00 $48,300.00 22 DUCTILE IRON PIPE WATER MAIN, CL 52, 6 INCH FOOT 30 $95.00 $2,850.00 $75.00 $2,250.00 $140.00 $4,200.00 $75.00 $2,250.00 $155.00 $4,650.00 23 DUCTILE IRON PIPE WATER MAIN, CL 52, 8 INCH FOOT 8 $97.50 $780.00 $80.00 $640.00 $180.00 $1,440.00 $80.00 $640.00 $170.00 $1,360.00 24 DUCTILE IRON PIPE WATER MAIN, CL 52, 12 INCH FOOT 70 $100.00 $7,000.00 $95.00 $6,650.00 $200.00 $14,000.00 $95.00 $6,650.00 $180.00 $12,600.00 25 12 INCH GATE VALVE, 60 INCH VAULT, FRAME & CLOSED LID EACH 1 $4,400.00 $4,400.00 $6,800.00 $6,800.00 $5,600.00 $5,600.00 $6,800.00 $6,800.00 $5,165.00 $5,165.00 26 VALVE VAULT, 48" DIAMETER, ROUND FRAME, CLOSED LID FOOT 3 $1,700.00 $5,100.00 $2,400.00 $7,200.00 $2,400.00 $7,200.00 $2,400.00 $7,200 00 $1,385.00 $4,155.00 27 JACKING PITS CU. YD. 460 $200.00 $92,000.00 $40.00 $18,400.00 $18.00 $8,280.00 540.00 $18,400 00 $50.00 $23,000.00 28 BOLLARD REMOVAL EACH 2 $100.00 $200.00 $275.00 $550.00 $300.00 $600.00 1100.00 $200.00 $100.00 $200.00 29 BOLLARD REPLACEMENT EACH 2 $750.00 $1,500.00 $1,000.00 $2,000.00 $1,200.00 $2,400.00 1750.00 $1,500.00 $1,750.00 $3,500.00 30 WATER MAIN FITTINGS, RESTRAINED JOINT POUND 2428 $4.00 $9,712.00 $1.00 $2,428.00 $3.00 $7,284.00 1$1.00 $2,428 00 $12.00 $29,136.00 31 PIPE REMOVAL, ALL TYPES AND SIZES FOOT 884 $8.00 $7,072.00 $5.00 $4,420.00 $10.00 $8,840.00 $5.00 $4,420.00 $15.00 $13,260.00 32 STORM SEWER, PVC, SDR 26, 10 INCH FOOT 317 $47.00 $14,899.00 $48.00 $15,216.00 $42.00 $13,314.00 $15,216.00 $60.00 $19,020.00 33 STORM SEWER, REINFORCED CONCRETE PIPE, 12 INCH CL III FOOT 866 $50.00 $43,300.00 $50.00 $43,300.00 $42.00 $36,372.00 1148.00 $50.00 $43,300.00 $44.00 $38,104 00 34 STORM SEWER, REINFORCED CONCRETE PIPE, 15 INCH CL III FOOT 1005 $51.00 $51,255.00 $52.00 $52,260.00 $45.00 $45,225.00 $52.00 $52,260.00 $52.00 $52,260 i.0 35 STORM SEWER, REINFORCED CONCRETE PIPE, 18 INCH CL III FOOT 262 $53.00 $13,886.00 $54.00 $14,148.00 $48.00 $12,576.00 $54.00 $14,148.00 $57.00 $14,934.00 36 STORM SEWER, REINFORCED CONCRETE PIPE, 21 INCH CL III FOOT 867 $55.00 $47,685.00 $57.00 $49,419.00 $52.00 $45,084.00 157.00 $49,419 00 $62.00 $53,754.00 37 STORM SEWER, REINFORCED CONCRETE PIPE, 24 INCH CL III FOOT 2127 $56.00 $119,112.00 $60.00 $127,620.00 $58.00 $123,366.00 60.00 $127,620 00 $76.00 $161,652.00 38 STORM SEWER, REINFORCED CONCRETE PIPE, 30 INCH CL III FOOT 200 $70.00 $14,000.00 $70 00 $14,000.00 $76.00 $15,200.00 70.00 $14,000.00 $89.00 $17,800.00 39 STORM SEWER, REINFORCED CONCRETE PIPE, 36 INCH CL III FOOT 900 $80.00 $72,000.00 $80.00 $72,000.00 $85.00 $76,500.00 78.00 $70,200.00 $112.00 $100,800.00 40 STORM SEWER, DUCTILE IRON PIPE, 8 INCH FOOT 27 $60.00 $1,620.00 $65.00 $1,755.00 $80 00 $2 160.00 65.00 $1,755.00 $70.00 $1,890.00 41 STORM SEWER, DUCTILE IRON PIPE, 18 INCH FOOT 55 $75.00 $4,125.00 $135.00 $7,425.00 $130.00 $7,150.00135.00 $7,425.00 $130.00 $7,150.00 42 STORM SEWER, DUCTILE IRON PIPE, 20 INCH FOOT 52 $80.00 $4,160.00 $150.00 $7,800.00 $155.00 $8,060.00 1150 00 $7,800.00 $145.00 $7,540.00 43 STORM SEWER, DUCTILE IRON PIPE, 24 INCH FOOT 53 $90.00 $4,770.00 $175.00 $9,275.00 $160.00 $8,480.00 175.00 $9,275.00 $165.00 $8,745.00 44 STORM SEWER, DUCTILE IRON PIPE, 36 INCH FOOT 75 $125.00 $9,375.00 $225.00 $16,875.00 $220.00 $16,500.00 225.00 $16,875.00 $250.00 $18,750.00 45 CARRIER PIPE, DUCTILE IRON PIPE, 36 INCH FOOT 127 $400.00 $50,800.00 $300.00 $38,100.00 $260.00 $33,020.00 300.00 $38,100.00 $270.00 $34,290.00 46 BLIND SEWER TAP EACH 12 $450.00 $5,400.00 $500.00 $6,000.00 $500.00 56,000.00500.00 $6,000.00 $565.00 56,780.00 47 STEEL CASING PIPE, 48 INCH, AUGER AND JACK FOOT 127 $400.00 $50,800.00 $675.00 $85,725.00 $650 00 $82,550.00 1650.00 $82,550 00 $530.00 $67,310.00 48 CASING SPACERS EACH 20 $400.00 $8,000.00 $350.00 $7,000.00 $220.00 $4,400.00 $350.00 $7,000.00 $475.00 $9,500.00 49 SANITARY SEWER LATERAL, PVC, 6 INCH FOOT 305 $51.00 $15,555.00 $48.00 $14,640.00 $65.00 $19,825.00 $48.00 $14,640 00 $60.00 $18,300.00 Page 3 of 60 Local Agency: Estimate: County: Cook Date: 5/23/2013 Name of Bidder: Address of Bidder: Orange Crush, L.L.C. Martam Construction, Inc John Neri Construction Co , Inc. Berger Excavating Contractors, Inc Des Plaines Time: 10:00 AM 321 South Center Street 1200 Gasket Drive 770 Factory Road 1205 Garland Raod Section: 2013 CIP CONTRACT C Appropriation: Hillside, IL 60162 Elgin, IL 60120 Addison, IL 60101 Wauconda, IL 60084 Attended By: Proposal Guarantee: Terms: Approved Engineer's Estimate Item No. Item Unit Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 50 SANITARY SEWER LATERAL, PVC, 8 INCH FOOT 61 $177.00 $10,797.00 $74.00 $4,514.00 $80 00 $4,880.00 $74.00 $4,514.00 $64.00 $3,904.00 51 SANITARY SEWER LATERAL, DIP, 8 INCH FOOT 67 $200.00 $13,400.00 $95.00 $6,365.00 $98 00 $6,566.00 $95.00 $6,365.00 $72.00 $4,824.00 52 SANITARY SEWER LATERAL FITTINGS EACH 116 $87.00 $10,092.00 $75.00 $8,700.00 $150.00 $17,400.00 $50 00 $5,800.00 $130.00 $15,080.00 53 TRENCH BACKFILL CU.YD. 10400 $31.00 $322,400.00 $39.00 $405,600.00 $27.00 $280,800.00 $36.00 $374,400.00 $48.00 $499,200.00 54 SIDEWALK REMOVAL SQ. FT. 16725 $2.00 $33,450.00 $1.50 $25,087.50 $1.00 $16,725.00 $2 00 $33,450.00 $1.80 $30,105.00 55 P C.C. SIDEWALK SQ. FT. 16725 $4.75 $79,443.75 $3.50 $58,537.50 $4 00 $66,900.00 $4.50 $75,262.50 $5 50 $91,987.50 56 DETECTABLE WARNINGS SQ. FT. 1176 $30.00 $35,280.00 $24.00 $28,224.00 $26.00 $30,576.00 $30.00 $35,280.00 $23.00 $27,048.00 57 CURB KEYWAY FOOT 950 $2.00 $1,900.00 $1.50 $1,425.00 $2.00 $1,900.00 $2.00 $1,900.00 $3.25 $3,087.50 58 REINFORCEMENT BARS, EPDXY COATED FOOT 390 $1.50 $585.00 $1.00 $390.00 $3.00 $1,170.00 $2.00 $780.00 $2.00 $780.00 59 DRIVEWAY PAVEMENT REM. & P.C.C. REPL., 6 INCH SQ. YD. 820 $46.00 $37,720.00 $44.00 $36,080.00 $41.00 $33,620.00 $56.00 $45,920.00 $58.50 $47,970.00 60 DRIVEWAY PAVEMENT REM. & P.C.C. REPL., 8 INCH SQ. YD. 1060 $62.00 $65,720.00 $50.00 $53,000.00 $45.00 $47,700.00 $65.00 $68,900.00 $64.50 $68,370.00 61 COMB. CONCRETE CURB AND GUTTER REMOVAL FOOT 5785 $6.00 $34,710.00 $8.00 $46,280.00 $4.00 $23,140.00 $5.00 $28,925.00 $6.30 $36,445.50 62 COMB. CONCRETE CURB AND GUTTER REPLACEMENT FOOT 5785 $20.00 $115,700.00 $15.50 $89,667.50 $15.00 $86,775.00 $18.00 $104,130.00 $20.65 $119,460.25 63 TEMPORARY AGGREGATE, CA -6 TON 650 $25.00 $16,250.00 $10.00 $6,500.00 $15.00 $9,750.00 $12.00 $7,800.00 $16.00 $10,400.00 64 PAVEMENT PATCHING SQ. YD. 4535 $74.00 $335,590.00 $40.00 $181,400.00 $52.00 $235,820.00 $54.00 $244,890 00 $60.00 $272,100.00 65 PAVEMENT REMOVAL MILLING, 1 INCH - 3 INCH VARIABLE DEPTH SQ. YD. 15615 $2.75 $42,941.25 $2.50 $39,037.50 $3.00 $46,845.00 $2.25 $35,133.75 $2.00 $31,230.00 66 PAVEMENT REMOVAL MILLING, 6 INCHES SQ. YD. 6171 $5.50 $33,940.50 $4.50 $27,769.50 $6 60 $40,728.60 $5.00 $30,855.00 $4.50 $27,769.50 67 PAVEMENT REMOVAL MILLING, 8 INCHES SQ. YD. 4936 $7.00 $34,552.00 $6.00 $29,616.00 $9.00 $44,424.00 $6.25 $30,850.00 $5.75 $28,382.00 68 PREPARATION OF BASE SQ. YD. 4936 $1.00 $4,936.00 $1.10 $5,429.60 $1.20 $5,923.20 $1 50 $7,404.00 $1.00 $4,936.00 69 AGGREGATE BASE REPAIR TON 190 $15.00 $2,850.00 $15.00 $2,850.00 $16.00 $3,040.00 $18.00 $3,420.00 $14.00 $2,660.00 70 TEMPORARY PAVEMENT PATCH TON 20 $65.00 $1,300.00 $95.00 $1,900.00 $200.00 $4,000.00 $150 00 $3,000.00 $165.00 $3,300.00 71 DRIVEWAY HMA SURFACE COURSE REMOVAL AND REPLACEMENT SQ. YD. 145 $25.00 $3,625.00 $22.00 $3,190.00 $48.00 $6,960.00 $38.00 $5,510.00 $23.00 $3,335.00 72 HOT MIX ASPHALT BINDER COURSE, IL -19, N50, 4 INCH TON 1480 $67.00 $99,160.00 $63.00 $93,240.00 $80.00 $118,400.00 $68.00 $100,640 00 $61.00 $90,280.00 73 HOT MIX ASPHALT BINDER COURSE, IL -19, N50, 6 INCH TON 1770 $70.00 $123,900.00 $63.00 $111,510.00 $73.00 $129,210.00 $68.00 $120,360 00 $61.00 $107,970.00 74 LEVELING BINDER (MACHINE METHOD), N50 TON 1075 $70.00 $75,250.00 $70.00 $75,250.00 $67.00 $72,025.00 $73.00 $78,475.00 $67.00 $72,025.00 75 LEVELING BINDER (HAND METHOD), N50 TON 275 $85.00 $23,375.00 $85.00 $23,375.00 $133.00 $36,575.00 $92.00 $25,300.00 $85.00 $23,375.00 76 BITUMINOUS MATERIALS (PRIME COAT) GAL. 1925 $1.50 $2,887.50 $1.50 $2,887.50 $3 00 $5,775.00 $1.00 $1,925.00 $1.00 $1,925.00 77 AGGREGATE (PRIME COAT) TON 27 $20.00 $540.00 $20.00 $540.00 $1 00 $27 00 $25.00 $675.00 $25.00 $675.00 78 HOT MIX ASPHALT SURFACE COURSE, MIX D, N50, 2 INCH TON 3180 $70.00 $222,600.00 $70.00 $222,600.00 $79.00 $251,220.00 $70.00 $222,600.00 $67.00 $213,060.00 79 EARTH GRADING FOR DRAINAGE SQ. YD. 2220 $12.50 $27,750.00 $7.00 $15,540.00 $5.00 $11,100.00 $7.50 $16,650.00 $9.25 $20,535.00 80 TOPSOIL PLACEMENT, 4 INCH AND SODDING SQ. YD. 14950 $9.00 $134,550.00 $9.00 $134,550.00 $9.00 $134,550.00 $10.00 $149,500.00 $10.00 $149,500.00 81 PAVEMENT MARKING REMOVAL SQ. FT. 1425 $2.00 $2,850.00 $1.20 $1,710.00 $2 00 $2,850.00 $2.00 $2,850.00 $1.00 $1,425.00 82 THERMOPLASTIC PVMT. MARKING LINE, 4 INCH FOOT 2525 $0.75 $1,893.75 $0.55 $1,388.75 $2.00 $5,050.00 $1.00 $2,525 00 $1.75 $4,418.75 83 THERMOPLASTIC PVMT. MARKING LINE, 6 INCH FOOT 1545 $1.25 $1,931.25 $1.00 $1,545.00 $3 30 $5,098.50 $1.50 $2 317.50 $2.95 $4,557.75 84 THERMOPLASTIC PVMT. MARKING LINE, 12 INCH FOOT 750 $2.25 $1,687.50 $2.00 $1,500.00 $6.60 $4,950.00 $2.75 $2,062.50 $5.90 $4,425.00 85 THERMOPLASTIC PVMT. MARKING LINE, 24 INCH FOOT 489 $4.50 $2,200.50 $4.00 $1,956.00 $12.00 $5,868.00 $5.00 $2,445.00 $11.80 $5,770.20 86 THERMOPLASTIC PVMT. MARKING LINE, LETTERS AND SYMBOLS SQ. FT. 245 $4.00 $980.00 $4.00 $980.00 $7 00 $1,715.00 $6.00 $1,470.00 $6.25 $1,531.25 87 EPDXY PVMT. MARKING LINE, 6 INCH FOOT 290 $10.00 $2,900.00 $8.00 $2,320.00 $14.00 $4,060.00 $15.00 $4,350.00 $12.75 $3,697.50 88 EPDXY PVMT. MARKING LINE, 24 INCH FOOT 44 $40.00 $1,760.00 $32.00 $1,408.00 $55 00 $2,420.00 $45.00 $1,980.00 $51.00 $2,244.00 89 REMOVE SIGN PANEL ASSEMBLY EACH 155 $75.00 $11,625.00 $75.00 $11,625.00 $30 00 $4,650.00 $28 OC $4,340.00 $50.00 $7,750.00 90 METAL POSTS, TYPE B FOOT 1058 $10.00 $10,580.00 $10.00 $10,580.00 $8.00 $8,464.00 $8.00 $8,464 00 $15.00 $15,870.00 91 SIGN PANEL, TYPE A SQ. FT. 603 $20.00 $12,060.00 $20.00 $12,060.00 $18.00 $10,854.00 $16.00 $9,648.00 $25.00 $15,075.00 92 PORTABLE TOILETS EA. CAL. MO. 14 $250.00 $3,500.00 $250.00 $3,500.00 $150.00 $2,100.00 $200.00 $2,800.00 $225.00 $3,150.00 93 RAILROAD PROTECTIVE LIABILITY INSURANCE LUMP SUM 1 $8,000.00 $8,000.00 53,000 00 $3,000.00 $8,000.00 $8,000.00 $3,500.00 $3,500.00 $7,500.00 $7,500.00 94 CONTRACTOR'S FURNISHED CONSTRUCTION LAYOUT LUMP SUM 1 $20,000.00 $20,000.00 $20,000 00 $20,000.00 $16,000.00 $16,000.00 $25,000.00 $25,000.00 $7,500.00 $7,500.00 95 TRAFFIC CONTROL AND PROTECTION LUMP SUM _ 1 $25,000.00 $25,000.00 _ $50,000 00 $50,000.00 $60,000.00 $60,000.00 $47,500.00 $47,500 00 $85,000.00 $85,000 00 Local Agency County: Cook Date' 5/23/2013 Name of Bidder: Address of Bidder: Orange Crush, L.L.C. Madam Construction, Inc. John Neri Construction Co., Inc. Berger Excavating Contractors, Inc Des Plaines Time: 10:00 AM 321 South Center Street 1200 Gasket Drive 770 Factory Road 1205 Garland Raod Section: 2013 CIP - CONTRACT C Appropriation. Hillside, IL 60162 Elgin, IL 60120 Addison, IL 60101 Wauconda, IL 60084 Estimate: $50.00 $100.00 RELOCATING WATER SERVICE LINES Attended By. Proposal Guarantee: Terms: $85.00 $50.00 $50 00 WATER SERVICE LINE, 1 INCH FOOT Approved Engineer's Estimate 75.00 $85.00 $48.00 $48.00 Item No. Item Unit Quantity Unit Price Total [ Unit Price Total Unit Price F Total Unit Price Total Unit Price Total ITEMS TO BE FURNISHED AND CONSTRUCTED ONLY IF REQUESTED IN WRITING BY THE ENGINEER Page 5 of 60 STRUCTURE INSERTS EACH 300 00 $950.00 $300.00 $5,000 00 SALVAGE FRAME CREDIT EACH 200 00 $100.00 $50.00 $100.00 RELOCATING WATER SERVICE LINES FOOT 100.00 $85.00 $50.00 $50 00 WATER SERVICE LINE, 1 INCH FOOT 75.00 $85.00 $48.00 $48.00 CASING PIPE, 2 INCH PVC, WATER SERVICE FOOT 25.00 $32.00 $45.00 $26 00 CORPORATION STOP, 1 INCH EACH 750.00 $300.00 $500.00 $450 00 CURB STOP, 1 INCH EACH 800.00 $300.00 $600.00 $375.00 CURB BOX, 1 INCH EACH 500.00 $200.00 $250.00 $250 00 CURB BOXES TO BE ADJUSTED EACH 300.00 $800.00 $250.00 $115.00 SANITARY SEWER LATERAL, DIP, 6 INCH FOOT 300.00 $85.00 $75.00 $150.00 SUPPLEMENTAL WATERING - 1000 GAL PER UNIT UNIT 100.00 $150.00 $750.00 $450.00 Total Bid: As Read: $2,838 929.35 $2,861 554.30 $2,947 483.25 $3,258 523.70 As Calculated: $2,838,929.35 $2,861,554.30 $2,947,483.25 $3,258,523.70 Page 5 of 60 Y CITY OF DES PLAINES RESOLUTION R - 97 - 13 A RESOLUTION APPROVING AN AGREEMENT WITH ORANGE CRUSH, LLC FOR STREET AND UTILITY IMPROVEMENTS AS PART OF THE 2013 CAPITAL IMPROVEMENT PROGRAM - CONTRACT C 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 and Grant Funded Projects Fund for use by the Department of Public Works and Engineering during the 2013 fiscal year for the completion of various street and utility improvements that are part of the 2013 Capital Improvement Project — Contract C ("Work"); and WHEREAS, pursuant to Chapter Ten of Title One of the City of Des Plaines City Code, City staff issued an invitation to bid for the completion of the Work; and WHEREAS, the City received four bids which were opened on May 23, 2013; and WHEREAS, Orange Crush, LLC ("Contractor") submitted the lowest responsible bid in the not -to -exceed amount of $2,838,929.35; and WHEREAS, the City desires to enter into an agreement with Contractor for the completion of the Work in the not -to -exceed amount of $2,838,929.35 ("Agreement"); and WHEREAS, sufficient funds have been appropriated for the Contractor to complete the Work; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Agreement with the Contractor; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows? SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: APPROVAL OF AGREEMENT. The City Council hereby approves the Agreement in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. 1 Page 6 of 60 SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute and seal, on behalf of the City, the final Agreement only after receipt by the City Clerk of at least two executed copies of the Agreement from Contractor; provided, however, that if the City Clerk does not receive such executed copies of the Agreement from Contractor within 60 days after the date of adoption of this Resolution, then this authority to execute and seal the Agreement shall, at the option of the City Council, be null and void. SECTION 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 , 2013. APPROVED this day of , 2013. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel Legal\Res\20131DP-Resolution Approving Bid Award to Orange Crush for 2013 CIP Contract C 2 Page 7 of 60 CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF 2013 CONTRACT C Prepared By CITY OF DES PLAINES PUBLIC WORKS AND ENGINEERING DEPARTMENT 1420 MINER STREET/NORTHWEST HIGHWAY DES PLAINES, ILLINOIS 60016 EXHIBIT A Page 8 of 60 CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF 2013 CONTRACT C TABLE OF CONTENTS Page ARTICLE I The Work 1.1 Performance of the Work 1 1.2 Commencement and Completion Dates 2 1.3 Required Submittals 2 1.4 Review and Interpretation of Contract Provisions 3 1.5 Conditions at the Work Site; Record Drawings 3 1.6 Technical Ability to Perform .4 1.7 Financial Ability to Perform 4 1.8 Time 4 1.9 Safety at the Work Site 5 1.10 Cleanliness of the Work Site and Environs 5 1.11 Damage to the Work, the Work Site, and Other Property 5 1.12 Subcontractors and Suppliers 6 1.13 Simultaneous Work By Others 6 1.14 Occupancy Prior to Final Payment 6 1.15 Owner's Right to Terminate or Suspend Work for Convenience 6 ARTICLE II C..a..ges And Delays.... 7 2A Changes 7 2.2 Delays 7 ARTICLE III Contractor's Responsibility For Defective Work 8 3.1 Inspection; Testing; Correction of Defects 8 3.2 Warranty of Work 8 3.3 Owner's Right to Correct 9 ARTICLE IV Financial Assurances 9 4.1 Bonds 9 4.2 Insurance 9 4.3 Indemnification 10 ARTICLE V Payment 10 5.1 Contract Price 10 5.2 Taxes and Benefits 10 EXHIBIT A Page 9 of 60 5.3 Progress Payments 10 5.4 Final Acceptance and Final Payment 11 5.5 Liens 11 5.6 Deductions 12 ARTICLE VI Disputes And Remedies 13 6.1 Dispute Resolution Procedure 13 6.2 Contractor's Remedies 13 6.3 Owner's Remedies 13 6.4 Owner's Special Remedy for Delay 15 6.5 Terminations and Suspensions Deemed for Convenience 15 ARTICLE VII Legal Relationships And Requirements 15 7.1 Binding Effect 15 7.2 Relationship of the Parties 15 7.3 No Collusion/Prohibited Interests 15 7.4 Assignment 16 7.5 Confidential Information .....16 7.6 No Waiver 16 7.7 No Third Party Beneficiaries 17 7.8 Notices 17 7.9 Governing Laws 17 7.10 Changes in Laws 18 7.11 Compliance with Laws 18 7.12 Compliance with Patents 19 7.13 Time 19 7. i 4 Severability 19 7.15 Entire Agreement 20 7.16 Amendments 20 Contractor's Certification Attachment A: Supplemental Schedule of Contract Terms Attachment B: Specifications Attachment C: List of Drawings Attachment D: Special Project Requirements Attachment D: Schedule of Prices Appendix: Prevailing Wage Ordinaoce Page 10 of 60 CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF 2013 CONTRACT C In consideration of the mutual promises set forth below, the City of Des Plaines, 1420 Miner Street / Northwest Highway, Des Plaines, Illinois 60016, an Illinois municipal corporation ("Owner"), and Orange Crush, L.L.C., 321 South Center Street Hillside, IL , a Corporation ("Contractor"), make this Contract as of June 3, 2013 and hereby agree as follows: ARTICLE I: THE WORK 1.1 Performance of the Work Contractor, at its sole cost and expense, must provide, perform, and complete all of the following, all of which is herein referred to as the "Work": 1. Labor, Equipment, Materials, and Supplies. Provide, perform, and complete, in the manner described and specified in this Contract, all necessary work, labor, services, transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water, waste disposal, information, data, and other means and items necessary to accomplish the Project at the Work Site, both as defined in Attachment A, in accordance with the specifications attached hereto as Attachment B, the drawings identified in the list attached hereto as Attachment C, and the Special Project Requirements attached hereto as Attachment D. 2. Permits. Except as otherwise provided in Attachment A, procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith. 3. Bonds and Insurance. Procure and furnish all Bonds and all certificates and policies of insurance specified in this Contract. 4. Taxes. Pay all applicable federal, state, and local taxes. 5. Miscellaneous. Do all other things required of Contractor by this Contract, including without limitation arranging for utility and other services needed for the Work and for testing, including the installation of temporary utility lines, wiring, switches, fixtures, hoses, connections, and meters, and providing sufficient sanitary conveniences and shelters to accommodate all workers and all personnel of Owner engaged in the Work. 6. Quality. Provide, perform, and complete all of the foregoing in a proper and workmanlike manner, consistent with the highest standards of professional and -1- EXHIBIT A Page 11 of 60 2013 CONTRACT C CONTRACT construction practices and in full compliance with, and as required by or pursuant to, this Contract, and with the greatest economy, efficiency, and expedition consistent therewith, with only new, undamaged and first quality equipment, materials, and supplies. 1.2 Commencement and Completion Dates Contractor must commence the Work not later than the "Commencement Date" set forth on Attachment A and must diligently and continuously prosecute the Work at such a rate as will allow the Work to be fully provided, performed, and completed in full compliance with this Contract not later than the "Completion Date" set forth in Attachment A. The time of commencement, rate of progress, and time of completion are referred to in this Contract as the "Contract Time." 1.3 Required Submittals A. Submittals Required. Contractor must submit to Owner all documents, data, and information specifically required to be submitted by Contractor under this Contract and must, in addition, submit to Owner all such drawings, specifications, descriptive information, and engineering documents, data, and information as may be required, or as may be requested by Owner, to show the details of the Work, including a complete description of all equipment, materials, and supplies to be provided under this Contract ("Required Submittals"). Such details must include, but are not limited to, design data, structural and operating features, principal dimensions, space required or provided, clearances required or provided, type and brand of finish, and all similar matters, for all components of the Work. B. Number and Format. Contractor must provide three complete sets for each Required Submittal. All Required Submittals, except drawings, must be prepared on white 8-1/2" x 11". Two blueline prints and one sepia transparency of each drawing must be provided. All drawings must be clearly marked in the lower right-hand corner with the names of Owner and Contractor. C. Time of Submission and Owner's Review. All Required Submittals must be provided to Owner no later than the time, if any, specified in this Contract for their submission or, if no time for submission is specified, in sufficient time, in Owner's sole opinion, to permit Owner to review the same prior to the commencement of the part of the Work to which they relate and prior to the purchase of any equipment, materials, or supplies that they describe. Owner will have the right to require such corrections as may be necessary to make such submittals conform to this Contract. All such submittals will, after final processing and review with no exception noted by Owner, become a part of this Contract. No Work related to any submittal may be performed by Contractor until Owner has completed review of such submittal with no exception noted. Owner's review and stamping of any Required Submittal will be for the sole purpose of examining the general management, design, and details of the proposed Work, does not relieve Contractor of the entire responsibility for the performance of the Work in full compliance with, and as required by or -2- EXHIBIT A Page 12 of 60 2013 CONTRACT C CONTRACT pursuant to this Contract, and may not be regarded as any assumption of risk or liability by Owner. D. Responsibility for Delay. Contractor is responsible for any delay in the Work due to delay in providing Required Submittals conforming to this Contract. 1.4 Review and Interpretation of Contract Provisions Contractor represents and warrants that it has carefully reviewed this Contract, including all of its Attachments, and the drawings identified in Attachment C, all of which are by this reference incorporated into and made a part of this Contract. Contractor must, at no increase in the Contract Price, provide workmanship, equipment, materials, and supplies that fully conform to this Contract. Whenever any equipment, materials or supplies are specified or described in this Contract by using the name or other identifying feature of a proprietary product or the name or other identifying feature of a particular manufacturer or vendor, the specific item mentioned is understood as establishing the type, function and quality desired. Other manufacturers' or vendors' products may be accepted, provided that the products proposed are equivalent in substance and function to those named as determined by Owner in its sole and absolute discretion. Contractor must promptly notify Owner of any discrepancy, error, omission, ambiguity, or conflict among any of the provisions of this Contract before proceeding with any Work affected thereby. If Contractor fails to give such notice to Owner, then the subsequent decision of Owner as to which provision of this Contract governs is final, and any corrective work required does not entitle Contractor to any damages, to any compensation in excess of the Contract Price, or to any delay or extension of the Contract Time. When the equipment, materials, or supplies furnished by Contractor cannot be installed as specified in this Contract, Contractor must, without any increase in the Contract Price, make all modifications required to properly install the equipment, materials, or supplies. Any such modification is subject to the prior review and consent of Owner. 1.5 Conditions at the Work Site: Record Drawings Contractor represents and warrants that it has had a sufficient opportunity to conduct a thorough investigation of the Work Site and the surrounding area and has completed such investigation to its satisfaction. Contractor will have no claim for damages, for compensation in excess of the Contract Price, or for a delay or extension of the Contract Time based upon conditions found at, or in the vicinity of, the Work Site. When information pertaining to subsurface, underground or other concealed conditions, soils analysis, borings, test pits, utility locations or conditions, buried structures, condition of existing structures, and other investigations is or has been provided by Owner, or is or has been otherwise made available to Contractor by Owner, such information is or has been provided or made available solely for the convenience of Contractor and is not part of this Contract. Owner assumes no responsibility whatever in respect to the sufficiency or accuracy of such information, and there is no guaranty or warranty, either expressed or implied, that the conditions indicated are -3- EXHIBIT A Page 13 of 60 2013 CONTRACT C CONTRACT representative of those existing throughout the Work or the Work Site, or that the conditions indicated are representative of those existing at any particular location, or that the conditions indicated may not change, or that unanticipated conditions may not be present. Contractor is solely responsible for locating all existing underground installations by prospecting no later than two workdays prior to any scheduled excavation or trenching, whichever is earlier. Contractor must check all dimensions, elevations, and quantities indicated in this Contract within the same time period as set forth above for prospecting underground installations. Contractor must lay out the Work in accordance with this Contract and must establish and maintain such locations, lines and levels. Wherever pre-existing work is encountered, Contractor must verify and be responsible for dimensions and location of such pre-existing work. Contractor must notify Owner of any discrepancy between the dimensions, elevations and quantities indicated in this Contract and the conditions of the Work Site or any other errors, omissions or discrepancies which Contract may discover during such inspections. Full instructions will be furnished by Owner should such error, omission, or discrepancy be discovered, and Contractor must carry out such instructions as if originally specified and without any increase in Contract Price. Before Final Acceptance of the Work, Contractor must submit to Owner two sets of Drawings of Record, unless a greater number is specified elsewhere in this Contract, indicating al field deviations from Attachment B or the drawings identified in Attachment C. 1.6 Technical Ability to Perform Contractor represents and warrants that it is sufficiently experienced and competent, and has the necessary capital, facilities, plant, organization, and staff, to provide, perform and complete the Work in full compliance with, and as required by or pursuant to, this Contract. 1.7 Financial Ability to Perform Contractor represents and warrants that it is financially solvent, and Contractor has the financial resources necessary to provide, perform and complete the Work in full compliance with, and as required by or pursuant to, this Contract. 1.8 Time Contractor represents and warrants that it is ready, willing, able and prepared to begin the Work on the Commencement Date and that the Contract Time is sufficient time to permit completion of the Work in full compliance with, and as required by or pursuant to, this Contract for the Contract Price, all with due regard to all natural and man-made conditions that may affect the Work or the Work Site and all difficulties, hindrances, and delays that may be incident to the Work. -4- Page 14 of 60 2013 CONTRACT C CONTRACT 1.9 Safety at the Work Site Contractor is solely and completely responsible for providing and maintaining safe conditions at the Work Site, including the safety of all persons and property during performance of the Work. This requirement applies continuously and is not limited to normal working hours. Contractor must take all safety precautions as necessary to comply with all applicable laws and to prevent injury to persons and damage to property. Contractor must conduct all of its operations without interruption or interference with vehicular and pedestrian traffic on public and private rights-of-way, unless it has obtained permits therefor from the proper authorities. If any public or private right-of-way are rendered unsafe by Contractor's operations, Contractor must make such repairs or provide such temporary ways or guards as are acceptable to the proper authorities. 1.10 Cleanliness of the Work Site and Environs Contractor must keep the Work Site and adjacent areas clean at all times during performance of the Work and must, upon completion of the Work, leave the Work Site and adjacent areas in a clean and orderly condition. 1.11 Damage to the Work, the Work Site, and Other Pronerty The Work and everything pertaining thereto is provided, performed, completed, and maintained at the sole risk and cost of Contractor from the Commencement Date until Final Payment. Contractor is fully responsible for the protection of all public and private property and all persons. Without limiting the foregoing, Contractor must, at its own cost and expense, provide all permanent and temporary shoring, anchoring and bracing required by the nature of the Work in order to make all parts absolutely stable and rigid, even when such shoring, anchoring and bracing is not explicitly specified, and support and protect all buildings, bridges, roadways, conduits, wires, water pipes, gas pipes, sewers, pavements, curbs, sidewalks, fixtures and landscaping of all kinds and all other public or private property that may be encountered or endangered in providing, performing and completing the Work. Contractor will have no claim against Owner because of any damage or loss to the Work or to Contractor's equipment, materials, or supplies from any cause whatsoever, including damage or loss due to simultaneous work by others. Contractor must, promptly and without charge to Owner, repair or replace, to the satisfaction of Owner, any damage done to, and any loss suffered by, the Work and any damage done to, and any loss suffered by, the Work Site or other property as a result of the Work. Notwithstanding any other provision of this Contract, Contractor's obligations under this Section exist without regard to, and may not be construed to be waived by, the availability or unavailability of any insurance, either of Owner or Contractor, to indemnify, hold harmless, or reimburse Contractor for the cost of any repair or replacement work required by this Section. -5- EXHIBIT A Page 15 of 60 2013 CONTRACT C CONTRACT 1.12 Subcontractors and Suppliers A. Approval and Use of Subcontractors and Suppliers. Contractor must perform the Work with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved by Owner in writing. All subcontractors, suppliers, and subcontracts used by Contractor must be acceptable to, and approved in advance by, Owner. Owner's approval of any subcontractor, supplier, and subcontract does not relieve Contractor of full responsibility and liability for the provision, performance, and completion of the Work in full compliance with, and as required by or pursuant to, this Contract. All Work performed under any subcontract is subject to all of the provisions of this Contract in the same manner as if performed by employees of Contractor. Every reference in this Contract to "Contractor" is deemed also to refer to all subcontractors and suppliers of Contractor. Every subcontract must include a provision binding the subcontractor or supplier to all provisions of this Contract. B. Removal of Subcontractors and Suppliers. If any subcontractor or supplier fails to perform the part of the Work undertaken by it in a manner satisfactory to Owner, Contractor must immediately upon notice from Owner terminate such subcontractor or supplier. Contractor will have no claim for damages, for compensation in excess of the Contract Price, or for a delay or extension of the Contract Time as a result of any such termination. 1.13 Simultaneous Work By Others Owner has the right to perform or have performed such other work as Owner may desire in, about, or near the Work Site during the performance of the Work by Contractor. Contractor must make every reasonable effort to perform the Work in such manner as to enable both the Work and such other work to be completed without hindrance or interference from each other. Contractor must afford Owner and other contractors reasonable opportunity for the execution of such other work and must properly coordinate the Work with such other work. 1.14 Occupancy Prior to Final Payment Owner will have the right, at its election, to occupy, use, or place in service any part of the Work prior to Final Payment. Such occupancy, use, or placement in service must be conducted in such manner as not to damage any of the Work or to unreasonably interfere with the progress of the Work. No such occupancy, use, or placement in service may be construed as an acceptance of any of the Work or a release or satisfaction of Contractor's duty to insure and protect the Work, nor may it, unless conducted in an unreasonable manner, be considered as an interference with Contractor's provision, performance, or completion of the Work. 1.15 Owner's Right to Terminate or Suspend Work for Convenience A. Termination or Suspension for Convenience. Owner has the right, for its convenience, to terminate or suspend the Work in whole or in part at any time by written notice to Contractor. Every such notice must state the extent and effective date of such -6- EXHIBIT A Page 16 of 60 2013 CONTRACT C CONTRACT termination or suspension. On such effective date, Contractor must, as and to the extent directed, stop Work under this Contract, cease all placement of further orders or subcontracts, terminate or suspend Work under existing orders and subcontracts, cancel any outstanding orders. or subcontracts that may be cancelled, and take any action necessary to protect any property in its possession in which Owner has or may acquire any interest and to dispose of such property in such manner as may be directed by Owner. B. Payment for Completed Work. In the event of any termination pursuant to Subsection 1.15A above, Owner must pay Contractor (1) such direct costs, excluding overhead, as Contractor has paid or incurred for all Work done in compliance with, and as required by or pursuant to, this Contract up to the effective date of termination together with ten percent of such costs for overhead and profit; and (2) such other costs pertaining to the Work, exclusive of overhead and profit, as Contractor may have reasonably and necessarily incurred as the result of such termination. Any such payment may be offset by any prior payment or payments and is subject to Owner's rights to withhold and deduct as provided in this Contract. ARTICLE II: CHANGES AND DELAYS 2.1 Changes Owner has the right, by written order executed by Owner, to make changes in the Contract, the Work, the Work Site, and the Contract Time ("Change Order"). If any Change Order causes an increase or decrease in the amount of the Work, an equitable adjustment in the Contract Price or Contract Time may be made. All claims by Contractor for an equitable adjustment in either the Contract Price or the Contract Time must be made within two business days following receipt of such Change Order, and may, if not made prior to such time, be conclusively deemed to have been waived. No decrease in the amount of the Work caused by any Change Order will entitle Contractor to make any claim for damages, anticipated profits, or other compensation. 2.2 Delays A. Extensions for Unavoidable Delays. For any delay that may result from causes that could not be avoided or controlled by Contractor, Contractor must, upon timely written application, be entitled to issuance of a Change Order providing for an extension of the Contract Time for a period of time equal to the delay resulting from such unavoidable cause. No extension of the Contract Time will be allowed for any other delay in completion of the Work. B. No Compensation for Delays. No payment, compensation, damages, or adjustment of any kind, other than the extension of the Contract Time provided in Subsection 2.2A above, may be made to, or claimed by, Contractor because of hindrances or delays from any cause in the commencement, prosecution, or completion of the Work, whether caused by Owner or any other party and whether avoidable or unavoidable. -7- EXHIBIT A Page 17 of 60 2013 CONTRACT C CONTRACT ARTICLE III: CONTRACTOR'S RESPONSIBILITY FOR DEFECTIVE WORK 3.1 Inspection; Testing; Correction of Defects A. inspection. Until Final Payment, all parts of the Work are subject to inspection and testing by Owner or its designated representatives. Contractor must furnish, at its own expense, all reasonable access, assistance, and facilities required by Owner for such inspection and testing. B. Re -Inspection. Re -inspection and re -testing of any Work may be ordered by Owner at any time, and, if so ordered, any covered or closed Work must be uncovered or opened by Contractor. If the Work is found to be in full compliance with this Contract, then Owner must pay the cost of uncovering, opening, re -inspecting, or re -testing, as the case may be. If such Work is not in full compliance with this Contract, then Contractor must pay such cost. C. Correction. Until Final Payment, Contractor must, promptly and without charge, repair, correct, or replace all or any part of the Work that is defective, damaged, flawed, or unsuitable or that in any way fails to conform strictly to the requirements of this Contract. 3.2 Warranty of Work A. Scope of Warranty. Contractor warrants that the Work and all of its components will be free from defects and flaws in design, workmanship, and materials; must strictly conform to the requirements of this Contract; and will be fit, sufficient, and suitable for the purposes expressed in, or reasonably inferred from, this Contract. The warranty herein expressed is in addition to any other warranties expressed in this Contract, or expressed or implied by law, which are hereby reserved unto Owner. B. Repairs; Extension of Warranty. Contractor, promptly and without charge, must correct any failure to fulfill the above warranty that may be discovered or develop at any time within one year after Final Payment or such longer period as may be prescribed in Attachment B or Attachment D to this Contract or by law. The above warranty may be extended automatically to cover all repaired and replacement parts and labor provided or performed under such warranty and Contractor's obligation to correct Work may be extended for a period of one year from the date of such repair or replacement. The time period established in this Subsection 3.2B relates only to the specific obligation of Contractor to correct Work and may not be construed to establish a period of limitation with respect to other obligations that Contractor has under this Contract. C. Subcontractor and Supplier Warranties. Whenever Attachment B or Attachment D requires a subcontractor or supplier to provide a guaranty or warranty, Contractor is solely responsible for obtaining said guaranty or warranty in form satisfactory to Owner and assigning said warranty or guaranty to Owner. Acceptance of any assigned warranties or -8- EXHIBIT A Page 18 of 60 2013 CONTRACT C CONTRACT guaranties by Owner is a precondition to Final Payment and does not relieve Contractor of any of its guaranty or warranty obligations under this Contract. 3.3 Owner's Right to Correct If, within two business days after Owner gives Contractor notice of any defect, damage, flaw, unsuitability, nonconformity, or failure to meet warranty subject to correction by Contractor pursuant to Section 3.1 or Section 3.2 of this Contract, Contractor neglects to make, or undertake with due diligence to make, the necessary corrections, then Owner is entitled to make, either with its own forces or with contract forces, the corrections and to recover from Contractor all resulting costs, expenses, losses, or damages, including attorneys' fees and administrative expenses. ARTICLE IV: FINANCIAL ASSURANCES 4.1 Bonds Contemporaneous with Contractor's execution of this Contract, Contractor must provide a Performance Bond and a Labor and Material Payment Bond, on forms provided by, or otherwise acceptable to, Owner, from a surety company licensed to do business in the State of Illinois with a general rating of A and a financial size category of Class X or better in Best's Insurance Guide, each in the penal sum of the Contract Price ("Bonds"). Contractor, at all times while providing, performing, or completing the Work, including, without limitation, at all times while correcting any failure to meet warranty pursuant to Section 3.2 of this Contract, must maintain and keep in force, at Contractor's expense, the Bonds required hereunder. 4.2 Insurance Contemporaneous with Contractor's execution of this Contract, Contractor must provide certificates and policies of insurance evidencing the minimum insurance coverages and limits set forth in Attachment A. For good cause shown, Owner may extend the time for submission of the required policies of insurance upon such terms, and with such assurances of complete and prompt performance, as Owner may impose in the exercise of its sole discretion. Such policies must be in a form, and from companies, acceptable to Owner. Such insurance must provide that no change, modification in, or cancellation of any insurance becomes effective until the expiration of 30 days after written notice thereof has have been given by the insurance company to Owner. Contractor must, at all times while providing, performing, or completing the Work, including, without limitation, at all times while correcting any failure to meet warranty pursuant to Section 3.2 of this Contract, maintain and keep in force, at Contractor's expense, the minimum insurance coverages and limits set forth in Attachment A. -9- EXHIBIT A Page 19 of 60 2013 CONTRACT C CONTRACT 4.3 Indemnification Contractor hereby agrees to and will indemnify, save harmless, and defend Owner and all of it elected officials, officers, employees, attorneys, agents, and representatives against any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses, including attorneys' fees and administrative expenses, that may arise, or be alleged to have arisen, out of or in connection with Contractor's performance of, or failure to perform, the Work or any part thereof, whether or not due or claimed to be due in whole or in part to the active, passive, or concurrent negligence or fault of Contractor, except to the extent caused solely by the negligence of Owner. ARTICLE V: PAYMENT 5.1 Contract Price Owner must pay to Contractor, in accordance with and subject to the terms and conditions set forth in this Article V and Attachment A, and Contractor must accept in full satisfaction for providing, performing, and completing the Work, the amount or amounts set forth in Attachment A (the "Contract Price"), subject to any additions, deductions, or withholdings provided for in this Contract. 5.2 Taxes and Benefits Owner is exempt from and will not be responsible to pay, or reimburse Contractor for, any state or local sales, use, or excise taxes. The Contract Price includes all other applicable federal, state, and local taxes of every kind and nature applicable to the Work as well as all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or other similar benefits. All claim or right to claim additional compensation by reason of the payment of any such tax, contribution, or premium is hereby waived and released by Contractor. 5.3 Progress Payments A. Payment in Installments. The Contract Price must be paid in monthly installments in the manner set forth in Attachment A ("Progress Payments"). B. Pay Requests. Contractor must, as a condition precedent to its right to receive each Progress Payment, submit to Owner a pay request in the form provided by Owner ("Pay Request"). The first Pay Request must be submitted not sooner than 30 days following commencement of the Work. Owner may, by written notice to Contractor, designate a specific day of each month on or before which Pay Requests must be submitted. Each Pay Request must include (a) Contractor's certification of the value of, and partial or final waivers of lien covering, all Work for which payment is then requested and (b) Contractor's certification that all prior Progress Payments have been properly applied to the payment or reimbursement of the costs with respect to which they were paid. -10- EXHIBIT A Page 20 of 60 2013 CONTRACT C CONTRACT C. Work Entire. This Contract and the Work are entire and the Work as a whole is of the essence of this Contract. Notwithstanding any other provision of this Contract, each and every part of this Contract and of the Work are interdependent and common to one another and to Owner's obligation to pay all or any part of the Contract Price or any other consideration for the Work. Any and all Progress Payments made pursuant to this Article are provided merely for the convenience of Contractor and for no other purpose. 5.4 Final Acceptance and Final Payment A. Notice of Completion. When the Work has been completed and is ready in all respects for acceptance by Owner, Contractor must notify Owner and request a final inspection ("Notice of Completion"). Contractor's Notice of Completion must be given sufficiently in advance of the Completion Date to allow for scheduling of the final inspection and for completion or correction before the Completion Date of any items identified by such inspection as being defective, damaged, flawed, unsuitable, nonconforming, incomplete, or otherwise not in full compliance with, or as required by or pursuant to, this Contract ("Punch List Work"). B. Punch List and Final Acceptance. The Work may be finally accepted when, and only when, the whole and all parts thereof have been completed to the satisfaction of Owner in full compliance with, and as required by or pursuant to, this Contract. Upon receipt of Contractor's Notice of Completion, Owner must make a review of the Work and notify Contractor in writing of all Punch List Work, if any, to be completed or corrected. Following Contractor's completion or correction of all Punch List Work, Owner must make another review of the Work and prepare and deliver to Contractor either a written notice of additional Punch List Work to be completed or corrected or a written notice of final acceptance of the Work ("Final Acceptance"). C. Final Payment. As soon as practicable after Final Acceptance, Contractor must submit to Owner a properly completed final Pay Request in the form provided by Owner ("Final Pay Request"). Owner must pay to Contractor the balance of the Contract Price, after deducting therefrom all charges against Contractor as provided for in this Contract ("Final Payment"). Final Payment must be made not later than 60 days after Owner approves the Final Pay Request. The acceptance by Contractor of Final Payment will operate as a full and complete release of Owner of and from any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses of, by, or to Contractor for anything done, furnished for, arising out of, relating to, or in connection with the Work or for or on account of any act or neglect of Owner arising out of, relating to, or in connection with the Work. 5.5 Liens A. Title. Nothing in this Contract may be construed as vesting in Contractor any right of property in any equipment, materials, supplies, and other items provided under this Contract after they have been installed in, incorporated into, attached to, or affixed to, the Work or the Work Site. All such equipment, materials, supplies, and other items will, upon being so installed, incorporated, attached or affixed, become the property of Owner, but such -11- EXHIBIT A Page 21 of 60 2013 CONTRACT C CONTRACT title will not release Contractor from its duty to insure and protect the Work in accordance with the requirements of this Contract. B. Waivers of Lien. Contractor must, from time to time at Owner's request and in any event prior to Final Payment, furnish to Owner such receipts, releases, affidavits, certificates, and other evidence as may be necessary to establish, to the reasonable satisfaction of Owner, that no lien against the Work or the public funds held by Owner exists in favor of any person whatsoever for or by reason of any equipment, material, supplies, or other item furnished, labor performed, or other thing done in connection with the Work or this Contract ("Lien") and that no right to file any Lien exists in favor of any person whatsoever. C. Removal of Liens. If at any time any notice of any Lien is filed, then Contractor must, promptly and without charge, discharge, remove, or otherwise dispose of such Lien. Until such discharge, removal, or disposition, Owner will have the right to retain from any money payable hereunder an amount that Owner, in its sole judgment, deems necessary to satisfy such Lien and to pay the costs and expenses, including attorneys' fees and administrative expenses, of any actions brought in connection therewith or by reason thereof. D. Protection of Owner Only. This Section does not operate to relieve Contractor's surety or sureties from any of their obligations under the Bonds, nor may it be deemed to vest any right, interest, or entitlement in any subcontractor or supplier. Owner's retention of funds pursuant to this Section is deemed solely for the protection of its own interests pending removal of such Liens by Contractor, and Owner will have no obligation to apply such funds to such removal but may, nevertheless, do so where Owner's interests would thereby be served. 5.6 Deductions A. Owner's Right to Withhold. Notwithstanding any other provision of this Contract and without prejudice to any of Owner's other rights or remedies, Owner will have the right at any time or times, whether before or after approval of any Pay Request, to deduct and withhold from any Progress or Final Payment that may be or become due under this Contract such amount as may reasonably appear necessary to compensate Owner for any actual or prospective loss due to: (1) Work that is defective, damaged, flawed, unsuitable, nonconforming, or incomplete; (2) damage for which Contractor is liable under this Contract; (3) state or local sales, use, or excise taxes from which Owner is exempt; (4) Liens or claims of Lien regardless of merit; (5) claims of subcontractors, suppliers, or other persons regardless of merit; (6) delay in the progress or completion of the Work; (7) inability of Contractor to complete the Work; (8) failure of Contractor to properly complete or document any Pay Request; (9) any other failure of Contractor to perform any of its obligations under this Contract; or (10) the cost to Owner, including attorneys' fees and administrative costs, of correcting any of the aforesaid matters or exercising any one or more of Owner's remedies set forth in Section 6.3 of this Contract. B. Use of Withheld Funds. Owner is entitled to retain any and all amounts withheld pursuant to Subsection 5.6A above until Contractor has either performed the obligations in -12- EXHIBIT A Page 22 of 60 2013 CONTRACT C CONTRACT question or furnished security for such performance satisfactory to Owner. Owner is entitled to apply any money withheld or any other money due Contractor under this Contract to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, attorneys' fees and administrative expenses incurred, suffered, or sustained by Owner and chargeable to Contractor under this Contract. ARTICLE VI: DISPUTES AND REMEDIES 6.1 Dispute Resolution Procedure A. Notice of Disputes and Objections. If Contractor disputes or objects to any requirement, direction, instruction, interpretation, determination, or decision of Owner, Contractor may notify Owner in writing of its dispute or objection and of the amount of any equitable adjustment to the Contract Price or Contract Time to which Contractor claims it will be entitled as a result thereof; provided, however, that Contractor must, nevertheless, proceed without delay to perform the Work as required, directed, instructed, interpreted, determined, or decided by Owner, without regard to such dispute or objection. Unless Contractor so notifies Owner within two business days after receipt of such requirement, direction, instruction, interpretation, determination, or decision, Contractor is conclusively deemed to have waived all such disputes or objections and all claims based thereon. B. Negotiation of Disputes and Objections. To avoid and settle without litigation any such dispute or objection, Owner and Contractor agree to engage in good faith negotiations. Within three business days after Owner's receipt of Contractor's written notice of dispute or objection, a conference between Owner and Contractor will be held to resolve the dispute. Within three business days after the end of the conference, Owner must render its final decision, in writing, to Contractor. If Contractor objects to the final decision of Owner, then it must, within three business days, give Owner notice thereof and, in such notice, must state its final demand for settlement of the dispute. Unless Contractor so notifies Owner, Contractor will be conclusively deemed (1) to have agreed to and accepted Owner's final decision and (2) to have waived all claims based on such final decision. 6.2 Contractor's Remedies If Owner fails or refuses to satisfy a final demand made by Contractor pursuant to Section 6.1 of this Contract, or to otherwise resolve the dispute which is the subject of such demand to the satisfaction of Contractor, within 10 days after receipt of such demand, then Contractor will be entitled to pursue such remedies, not inconsistent with the provisions of this Contract, as it may have in law or equity. 6.3 Owner's Remedies If it should appear at any time prior to Final Payment that Contractor has failed or refused to prosecute, or has delayed in the prosecution of, the Work with diligence at a rate that assures completion of the Work in full compliance with the requirements of this Contract on or before the Completion Date, or has attempted to assign this Contract or Contractor's -13- EXHIBIT A Page 23 of 60 2013 CONTRACT C CONTRACT rights under this Contract, either in whole or in part, or has falsely made any representation or warranty in this Contract, or has otherwise failed, refused, or delayed to perform or satisfy any other requirement of this Contract or has failed to pay its debts as they come due ("Event of Default'), and has failed to cure any such Event of Default within five business days after Contractor's receipt of written notice of such Event of Default, then Owner 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: 1. Owner may require Contractor, within such reasonable time as may be fixed by Owner, to complete or correct all or any part of the Work that is defective, damaged, flawed, unsuitable, nonconforming, or incomplete; to remove from the Work Site any such Work; to accelerate all or any part of the Work; and to take any or all other action necessary to bring Contractor and the Work into strict compliance with this Contract. 2. Owner may perform or have performed all Work necessary for the accomplishment of the results stated in Paragraph 1 above and withhold or recover from Contractor all the cost and expense, including attorneys' fees and administrative costs, incurred by Owner in connection therewith. 3. Owner may accept the defective, damaged, flawed, unsuitable, nonconforming, incomplete, or dilatory Work or part thereof and make an equitable reduction in the Contract Price. 4. Owner may terminate this Contract without liability for further payment of amounts due or to become due under this Contract. 5. Owner may, without terminating this Contract, terminate Contractor's rights under this Contract and, for the purpose of completing or correcting the Work, evict Contractor and take possession of all equipment, materials, supplies, tools, appliances, plans, specifications, schedules, manuals, drawings, and other papers relating to the Work, whether at the Work Site or elsewhere, and either complete or correct the Work with its own forces or contracted forces, all at Contractor's expense. 6. Upon any termination of this Contract or of Contractor's rights under this Contract, and at Owner's option exercised in writing, any or all subcontracts and supplier contracts of Contractor will be deemed to be assigned to Owner without any further action being required, but Owner may not thereby assume any obligation for payments due under such subcontracts and supplier contracts for any Work provided or performed prior to such assignment. 7. Owner may withhold from any Progress Payment or Final Payment, whether or not previously approved, or may recover from Contractor, any and all costs, including attorneys' fees and administrative expenses, incurred by Owner as -14- EXHIBIT A Page 24 of 60 2013 CONTRACT C CONTRACT the result of any Event of Default or as a result of actions taken by Owner in response to any Event of Default. 8. Owner may recover any damages suffered by Owner. 6.4 Owner's Additional Remedy for Delay If the Work is not completed by Contractor, in full compliance with, and as required by or pursuant to, this Contract, within the Contract Time as such time may be extended by Change Order, then Owner may invoke its remedies under Section 6.3 of this Contract or may, in the exercise of its sole and absolute discretion, permit Contractor to complete the Work but charge to Contractor, and deduct from any Progress or Final Payments, whether or not previously approved, administrative expenses and costs for each day completion of the Work is delayed beyond the Completion Date, computed on the basis of the "Per Diem Administrative Charge" set forth in Attachment A, as well as any additional damages caused by such delay. 6.5 Terminations and Suspensions Deemed for Convenience Any termination or suspension of Contractor's rights under this Contract for an alleged default that is ultimately held unjustified will automatically be deemed to be a termination or suspension for the convenience of Owner under Section 1.15 of this Contract. ARTICLE VII: LEGAL RELATIONSHIPS AND REQUIREMENTS 7.1 Binding Effect This Contract is binding on Owner and Contractor and on their respective heirs, executors, administrators, personal representatives, and permitted successors and assigns. Every reference in this Contract to a party is deemed to be a reference to the authorized officers, employees, agents, and representatives of such party. 7.2 Relationship of the Parties Contractor will act as an independent contractor in providing and performing the Work. Nothing in, nor done pursuant to, this Contract may be construed (1) to create the relationship of principal and agent, partners, or joint ventures between Owner and Contractor or (2) except as provided in Paragraph 6.3(6) above, to create any relationship between Owner and any subcontractor or supplier of Contractor. 7.3 No Collusion/Prohibited Interests Contractor hereby represents that the only persons, firms, or corporations interested in this Contract as principals are those disclosed to Owner prior to the execution of this Contract, and that this Contract is made without collusion with any other person, firm, or corporation. -15- EXHIBIT A Page 25 of 60 2013 CONTRACT C CONTRACT If at any time it is found that Contractor has, in procuring this Contract, colluded with any other person, firm, or corporation, then Contractor will be liable to Owner for all loss or damage that Owner may suffer thereby, and this Contract will, at Owner's option, be null and void. Contractor hereby represents and warrants that neither Contractor nor any person affiliated with Contractor or that has an economic interest in Contractor or that has or will have an interest in the Work or will participate, in any manner whatsoever, in the Work is acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by the United States Treasury Department as a Specially Designated National and Blocked Person, or for or on behalf of any person, group, entity or nation designated in Presidential Executive Order 13224 as a person who commits, threatens to commit, or supports terrorism, and neither Contractor nor any person affiliated with Contractor or that has an economic interest in Contractor or that has or will have an interest in the Work or will participate, in any manner whatsoever, in the Work is, directly or indirectly, engaged in, or facilitating, the Work on behalf of any such person, group, entity or nation. 7.4 Assignment Contractor may not (1) assign this Contract in whole or in part, (2) assign any of Contractor's rights or obligations under this Contract, or (3) assign any payment due or to become due under this Contract without the prior express written approval of Owner, which approval may be withheld in the sole and unfettered discretion of Owner; provided, however, that Owner's prior written approval will not be required for assignments of accounts, as defined in the Illinois Commercial Code, if to do so would violate Section 9-318 of the Illinois Commercial Code, 810 ILCS 5/9-318. Owner may assign this Contract, in whole or in part, or any or all of its rights or obligations under this Contract, without the consent of Contractor. 7.5 Confidential Information All information supplied by Owner to Contractor for or in connection with this Contract or the Work must be held confidential by Contractor and may not, without the prior express written consent of Owner, be used for any purpose other than performance of the Work. 7.6 No Waiver No examinat;on, inspection, investigation, test, measurement, review, determination, decision, certificate, or approval by Owner, nor any order by Owner for the payment of money, nor any payment for, or use, occupancy, possession, or acceptance of, the whole or any part of the Work by Owner, nor any extension of time granted by Owner, nor any delay by Owner in exercising any right under this Contract, nor any other act or omission of Owner may constitute or be deemed to be an acceptance of any defective, damaged, flawed, unsuitable, nonconforming or incomplete Work, equipment. materials, or supplies, nor operate to waive or otherwise diminish the effect of any warranty or representation made by Page 26 of 60 2013 CONTRACT C CONTRACT Contractor; or of any requirement or provision of this Contract; or of any remedy, power, or right of Owner. 7.7 No Third Party Beneficiaries No claim as a third party beneficiary under this Contract by any person, firm, or corporation other than Contractor may be made or be valid against Owner. 7.8 Notices All notices required or permitted to be given under this Contract must be in writing and are deemed received by the addressee thereof when delivered in person on a business day at the address set forth below or on the third business day after being deposited in any main or branch United States post office, for delivery at the address set forth below by properly addressed, postage prepaid, certified or registered mail, return receipt requested. Notices and communications to Owner must be addressed to, and delivered at, the following address: with a copy to: City of Des Plaines 1420 Miner Street Des Plaines, Illinois 60016 Attention: Jon Duddles Holland & Knight LLP 131 South Dearborn Street, 30th Floor Chicago, Illinois 60603 Attention: Peter Friedman Notices and communications to Contractor must be addressed to, and delivered at, the following address: Orange Crush, L.L.C. 321 Center Street, Hillside, IL 60,162 The foregoing may not be deemed to preclude the use of other non -oral means of notification or to invalidate any notice properly given by any such other non -oral means. By notice complying with the requirements of this Section, Owner and Contractor each have the right to change the address or addressee or both for all future notices to it, but no notice of a change of address is effective until actually received. 7.9 Governing Laws This Contract and the rights of Owner and Contractor under this Contract will be interpreted according to the internal laws, but not the conflict of laws rules, of the State of Illinois. -17- EXHIBIT A Page 27 of 60 2013 CONTRACT C CONTRACT 7.10 Changes in Laws Unless otherwise explicitly provided in this Contract, any reference to laws includes such laws as they may be amended or modified from time to time. 7.11 Compliance with Laws A. Compliance Required. Contractor must give all notices, pay all fees, and take all other action that may be necessary to ensure that the Work is provided, performed, and completed in accordance with all required governmental permits, licenses or other approvals and authorizations that may be required in connection with providing, performing, and completing the Work, and with all applicable statutes, ordinances, rules, and regulations, including without limitation the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et segs . (see Subsection C of this Section) (a copy of Owner's ordinance ascertaining the prevailing rate of wages, in effect as of the date of this Contract, has been attached as an Appendix to this Contract; if the Illinois Department of Labor revises the prevailing rate of hourly wages to be paid, the revised rate applies to this Contract); any other applicable prevailing wage laws; the Fair Labor Standards Act; any statutes regarding qualification to do business; any statutes requiring preference to laborers of specified classes; the Illinois Steel Products Procurement Act, 30 ILCS 565/1 et seg.; any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited classification, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et _s., the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq., and the Public Works Discrimination Act, 775 ILCS 10/0.01 et _s.; and any statutes regarding safety or the performance of the Work, including the Illinois Underground Utility Facilities Damage Prevention Act, 220 ILCS 50/1 et seq., and the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651 et seq. B. Liability for Fines. Penalties. Contractor is solely liable for any fines or civil penalties that are imposed by any governmental or quasi -governmental agency or body that may arise, or be alleged to have arisen, out of or in connection with Contractor's, or its subcontractors' or suppliers', performance of, or failure to perform, the Work or any part thereof. C. Prevailing Wage Act. Contractor and each subcontractor, in order to comply with the Prevailing Wage Act, 820 ILCS 130/0.01 et seq. (the "Act"), must submit to the City a certified payroll on a monthly basis, in accordance with Section 5 of the Act. The certified payroll must consist of a complete copy of those records required to be made and kept by the Act. The certified payroll must be accompanied by a statement signed by the contractor or subcontractor that certifies that (1) such records are true and accurate, (2) the hourly rate paid is not Tess than the general prevailing rate of hourly wages required by the Act, and (3) the contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class B misdemeanor. Contractor may rely on the certification of a subcontractor, provided that Contractor does not knowingly rely on a subcontractor's false certification. On two business days' notice, Contractor and each subcontractor must make available for inspection the records required to be made and kept by the Act (i) to the City and its officers -18- H IBIT A Page 28 of 60 2013 CONTRACT C CONTRACT and agents and to the Director of the Illinois Department of Labor and his or her deputies and agents and (ii) at all reasonable hours at a location within the State. D. Required Provisions Deemed Inserted. Every provision of law required by law to be inserted into this Contract is deemed to be inserted herein. 7.12 Compliance with Patents A. Assumption of Costs, Royalties, and Fees. Contractor will pay or cause to be paid all costs, royalties, and fees arising from the use on, or the incorporation into, the Work, of patented equipment, materials, supplies, tools, appliances, devices, processes, or inventions. B. Effect of Contractor Being Enjoined. Should Contractor be enjoined from furnishing or using any equipment, materials, supplies, tools, appliances, devices, processes, or inventions supplied or required to be supplied or used under this Contract, Contractor must promptly offer substitute equipment, materials, supplies, tools, appliances, devices, processes, or inventions in lieu thereof, of equal efficiency, quality, suitability, and market value, for review by Owner. If Owner should disapprove the offered substitutes and should elect, in lieu of a substitution, to have supplied, and to retain and use, any such equipment, materials, supplies, tools, appliances, devices, processes, or inventions as may by this Contract be required to be supplied, Contractor must pay such royalties and secure such valid licenses as may be requisite and necessary for Owner to use such equipment, materials, supplies, tools, appliances, devices, processes, or inventions without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should Contractor neglect or refuse to make any approved substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then Owner will have the right to make such substitution, or Owner may pay such royalties and secure such licenses and charge the cost thereof against any money due Contractor from Owner or recover the amount thereof from Contractor and its surety or sureties notwithstanding that Final Payment may have been made. 7.13 Time The Contract Time is of the essence of this Contract. Except where otherwise stated, references in this Contract to days is construed to refer to calendar days. 7.14 Severabilitv The provisions of this Contract will be interpreted when possible to sustain their legality and enforceability as a whole. In the event any provision of this Contract is held invalid, illegal, or unenforceable by a court of competent jurisdiction, in whole or in part, neither the validity of the remaining part of such provision, nor the validity of any other provisions of this Contract will be in any way affected thereby. -19- Page 29 of 60 2013 CONTRACT C CONTRACT 7.15 Entire Agreement This Contract sets forth the entire agreement of Owner and Contractor with respect to the accomplishment of the Work and the payment of the Contract Price therefor, and there are no other understandings or agreements, oral or written, between Owner and Contractor with respect to the Work and the compensation therefor. 7.16 Amendments No modification, addition, deletion, revision, alteration or other change to this Contract is effective unless and until such change is reduced to writing and executed and delivered by Owner and Contractor. IN WITNESS WHEREOF, Owner and Contractor have caused this Contract to be executed by their properly authorized representatives in two original counterparts as of the Effective Date. CITY OF DES PLAINES By: Name: Michael G. Bartholomew Title: City Manager Attest: By: Name: Gloria J. Ludwig Title: Citv Clerk ORANGE CRUSH, L.L.C. By: Name: Title: Attest: By: Name: Title: -20- Page 30 of 60 STATE OF ILLINOIS COUNTY OF ) SS CONTRACTOR'S CERTIFICATION , being first duly sworn on oath, deposes and states that all statements herein made are made on behalf of Contractor, that this deponent is authorized to make them, and that the statements contained herein are true and correct. Contractor deposes, states, and certifies that Contractor is not barred from contracting with a unit of state or local government as a result of (i) a violation of either Section 33E-3 or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 et sec .; or (ii) a violation of the USA Patriot Act of 2001, 107 Public Law 56 (October 26, 2001) (the "Patriot Act") or other statutes, orders, rules, and regulations of the United States government and its various executive departments, agencies and offices related to the subject matter of the Patriot Act, including, but not limited to, Executive Order 13224 effective September 24, 2001. DATED: , 20 ORANGE CRUSH, L.L.C. By. Name: Title: Attest By: Name: Title: Subscribed and Sworn to before me on _ _ _ _, 20_ . My Commission expires: __ _ Notary Public (SEAL) EXHIBIT A Page 31 of 60 CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF 2013 CONTRACT C ATTACHMENT A SUPPLEMENTAL SCHEDULE OF CONTRACT TERMS 1. Project: 2013 Capital Improvement Profram — Street and Utility Improvements — Contract C The scope of work includes installation of new storm sewers, replacement of curb and gutter, driveway aprons, pavement base and pavement with regrading of parkways with new sodding on various streets in Des Plaines. 2. Work Site: STREET FROM TO WARRINGTON ROAD MOUNT PROSPECT RD GOLF RD WASHINGTON STREET WESTERN AV LAUREL AV WESTGATE ROAD WARRINGTON RD FLETCHER DR WICKE AVENUE DES PLAINES RIVER RD CENTER ST PERRY STREET GRACELAND AV LAUREL AV LAUREL AVENUE PERRY ST WASHINGTON ST LEAHY CIRCLE STARK PL CLARK AV MEYER COURT CUMBERLAND PKWY DAVIS CT GOOD AVENUE BALLARD RD CHURCH ST HOWARD AVENUE MOUNT PROSPECT RD CLEARWATER DR -1- EXHIBIT A Page 32 of 60 2013 CONTRACT C ATTACHMENT A 3. Permits, Licenses, Approvals, and Authorizations: Contractor must obtain all required governmental permits, licenses, approvals, and authorizations, except: ® [Identify permits, licenses, and approvals obtained, or to be obtained, by Owner] MWRD — NRI Sanitary Sewer Point Repairs ❑ No Exceptions 4. Commencement Date: © the date of execution of the Contract by Owner. ❑ days after execution of the Contract by Owner. Click here to enter a date. 5. Completion Date: ❑ days after the Commencement Date plus extensions, if any, authorized by a Change Order issued pursuant to Subsection 2.2A of the Contract ® Friday, October 25, 2013, plus extensions, if any, authorized by a Change Order issued pursuant to Subsection 2.2A of the Contract Completion includes the approved and acceptable construction of all pay items; including concrete correction (punch) list items, all hot -mix asphalt items including surface courses and all landscape restoration work, including topsoil and sod placement. -2- EXHIBIT A Page 33 of 60 2013 CONTRACT C Starting and Substantial Completion Dates: ATTACHMENT A The following starting and substantial completion dates apply to this contract as designated by street: Street Limits Start Date Substantial Completion Date Howard Avenue Mount Prospect Rd to Clearwater Dr 6/10/2013 9/13/2013 Leahy Circle Stark PI to Clark Av 7/08/2013 8/30/2013 Washington Street Western Av to Laurel Av 7/22/2013 9/27/2013 Laurel Avenue Perry St to Washington St 7/22/2013 9/27/2103 Perry Street Graceland Av to Laurel Av 7/22/2013 9/27/2013 Good Avenue Ballard Rd to Church St 8/12/2013 10/04/2013 Wicke Avenue Des Plaines River Rd to Center St 8/19/2013 10/25/2013 Warrington Road Mount Prospect Rd to Golf Rd 8/19/2013 10/25/2103 Westgate Road Warrington Rd to Fletcher Dr 8/19/2013 10/25/2013 Meyer Court Cumberland Pkwy to Davis Ct 8/19/2013 10/25/2013 No work of any kind shall be done on these streets until the designated Start Date. All work must be completed on these streets by the designated Substantial and Final Completion Date. Substantial Completion Date includes the approved and acceptable construction of all pay items; including concrete correction (punch) list items, all hot -mix asphalt items including surface courses and all parkway work, including topsoil and excluding sodding. Days and Hours of Work. Workdays for this Contract are Monday through Friday between the hours of 7AM to 6PM. No work shall be done or equipment operated outside of these permitted hours. No work shall be done on any Saturdays, Sundays or the following specified days unless otherwise approved by the Project Manager. Thursday, July 4, 2013 Monday, September 2, 2013 Monday, October 14, 2013 Monday, November 11, 2013 Independence Day Labor Day Columbus Day Veteran's Day In the event, the Contractor works on Saturday, Sunday, or holiday, during which time the Engineer and/or Inspector(s) are required to be present, the City of Des Plaines shall pay the cost for such overtime engineering services and shall deduct such cost from payments due the Contractor. Overtime engineering services shall be charged at the Engineer's standard hourly rate for all time over eight hours on any single weekday and for all hours on Saturday, Sunday, and holidays and/or Inspector(s) standard hourly rate applied on a one and one-half (x 1 'A) basis for all time over eight hours on any single weekday and for all hours on Saturday and a double time (x 2) basis for all Sunday and holiday hours of the Inspector's standard hourly rate. If the amount due the Contractor is not sufficient to cover the cost of -3- IBIT A Page 34 of 60 2013 CONTRACT C ATTACHMENT A overtime engineering service, the Contractor shall reimburse the City of Des Plaines in the amount necessary to cover such costs. The Project Manager shall approve necessary personnel and time for engineering services. Progress Schedule. The Contractor shall submit, for approval by the Engineer, a Progress Schedule, which complies with the requirements of these specifications, and Completion Dates. The Progress Schedule shall include an Estimate of Time and/or Performance Rate for each controlling pay item. Once a Progress Schedule is approved, there shall be no deviation without the written approval of the Engineer. If the Contractor falls 10 or more working days behind the Approved Progress Schedule, they shall provide the Engineer with a revised Progress Schedule that complies with the requirements of the Contract for the Engineer's review. TIME IS OF THE ESSENCE ON THIS CONTRACT AND LIQUIDATED DAMAGES WILL BE ASSESSED FOR EACH DAY THAT THE WORK REMAINS INCOMPLETE PAST THE STATED COMPLETION DATE. 6. Insurance Coverage: A. Worker's Compensation and Employer's Liability with limits not less than: (I) Worker's Compensation: Statutory; (2) Employer's Liability: $1,000,000 injury -per occurrence; $1,000,000 disease -per employee; $1,000,000 disease -policy limit Such insurance must evidence that coverage applies in the State of Illinois. B. Comprehensive Motor Vehicle Liability with a combined single limit of liability for bodily injury and property damage of not less than $2,000,000 for vehicles owned, non -owned, or rented. All employees must be included as insureds. C. Comprehensive General Liability with coverage written on an "occurrence" basis and with limits no less than: (1) (2) (3) General Aggregate: $5,000,000. See Subsection F below regarding use of umbrella overage. Bodily Injury: $2,000,000 per person; $2,000,000 per occurrence Property Damage: $2,000,000 per occurrence and $5,000,000 aggregate. -4- BIT A Page 35 of 60 2013 CONTRACT C ATTACHMENT A Coverage must include: Premises / Operations Products / Completed Operations (to be maintained for two years after Final Payment) Independent Contractors Personal Injury (with Employment Exclusion deleted) Broad Form Property Damage Endorsement Blanket Contractual Liability (must expressly cover the indemnity provisions of the Contract) Bodily Injury and Property Damage "X", "C", and "U" exclusions must be deleted. Railroad exclusions must be deleted if Work Site is within 50 feet of any railroad track. All employees must be included as insured. ❑ D. Builders Risk Insurance. This insurance must be written in completed value form, must protect Contractor and Owner against "all r;sks" of direct physical loss to buildings, structures, equipment, and materials to be used in providing, performing, and completing the Work, including without limitation fire extended coverage, vandalism and malicious mischief, sprinkler leakage, flood, earth movement and collapse, and must be designed for the circumstances that may affect the Work. This insurance must be written with limits not less than the insurable value of the Work at completion. The insurable value must include the aggregate value of Owner -furnished equipment and materials to be constructed or installed by Contractor. This insurance must include coverage while equipment or materials are in warehouses, during installation, during testing, and after the Work is completed, but prior to Final Payment. This insurance must include coverage while Owner is occupying all or any part of the Work prior to Final Payment without the need for the insurance company's consent. ❑ E. Owner's and Contractor's Protective Liability Insurance. Contractor, at its sole cost and expense, must purchase this Insurance in the name of Owner with a combined single limit for bodily injury and property damage of not less than $1,000,000. -5- EXHIBIT A Page 36 of 60 2013 CONTRACT C ATTACHMENT A F. Umbrella Policy. The required coverage may be in the form of an umbrella policy above $2,000,000 primary coverage. All umbrella policies must provide excess coverage over underlying insurance on a following -form basis so that, when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover that oss. ❑ G. Deductible. Each policy must have a deductible or self-insured retention of not more than $ 0 H. Owner as Additional Insured. Owner must be named as an Additional ❑ I. Insured on the following policies: The Additional Insured endorsement must identify Owner as follows: The City of Des Plaines and its boards, commissions, committees, authorities, employees, agencies, officers, voluntary associations, and other units operating under the jurisdiction and within the appointment of its budget. Other Parties as Additional Insureds. In addition to Owner, the following parties must be named as additional insured on the following policies: Additional Insured Policy or Policies 7. Contract Price: SCHEDULE OF PRICES ❑ A. LUMP SUM CONTRACT For providing, performing, and completing all Work, the total Contract Price of (write in numbers only): -6- EXHIBI Page 37 of 60 2013 CONTRACT C ATTACHMENT A ❑ All Work will be paid on a force account basis, using the terms of Section 109.04(b) of the IDOT Standard Specifications For Road And Bridge Construction 2012, without limitation to "extra work." Contractor shall be paid in installments (see below). Contractor must submit Pay Requests including itemized statements of the cost of the Work, accompanied and supported by statements and invoices for all labor, materials, transportation charges and other items of the Work, using standard Illinois Department of Transportation schedules and report forms. ® B. UNIT PRICE CONTRACT NOTE: If Owner has provided a separate form Schedule of Pricing attached to this Attachment A, then that Schedule of Prices will be used and this Subsection B should not be used. If Owner has not provided a separate form Schedule of Prices, then this Subsection B should be used. For providing, performing, and completing all Work, the sum of the products resulting from multiply;ng the number of acceptable units of Unit Price Items listed below incorporated in the Work by the Unit Price set forth below for such Unit Price Item: SEE ATTACHMENT E FOR SCHEDULE OF PRICES ❑ C. COMBINED LUMP SUM/UNIT PRICE CONTRACT (1) For providing, performing, and completing all Work related to [describe lump sum work], the total sum of (write in numbers only): (2) For providing, performing, and completing all Work related to [describe unit price work], the sum of the products resulting from multiplying the number of acceptable units of Unit Price Items listed below incorporated in the Work by the Unit Price set forth below for such Unit Price Item: -7- Page 38 of 60 2013 CONTRACT C ATTACHMENT A Unit Price Item COMPLETE TABLE AS INDICATED Approximate Number Price Unit of Units Per Unit Extension 1 $ $ 2 $ $ 3 $ $ TOTAL CONTRACT PRICE, being the sum of (1) plus the extension of (2) (write in numbers only): D. Any items of Work not specifically listed or referred to in the Schedule of Prices, or not specifically included for payment under any Unit Price Item, shall be deemed incidental to the Contract Price, shall not be measured for payment, and shall not be paid for separately except as incidental to the Contract Price, including without limitation extraordinary equipment repair, the cost of transportation, packing, cartage, and containers, the cost of preparing schedules and submittals, the cost or rental of small tools or buildings, the cost of utilities and sanitary conveniences, and any portion of the time of Bidder, its superintendents, or its office and engineering staff. 8. Progress Payments: A. General. Owner must pay to Contractor 90 percent of the Value of Work, determined in the manner set forth below, installed and complete in place up to the day before the Pay Request, less the aggregate of all previous Progress Payments. The total amount of Progress Payments made prior to Final Acceptance by Owner may not exceed 90 percent of the Contract Price. B. Value of Work. The Value of the Work will be determined as follows: (1) Lump Sum Items. For all Work Io be paid on a lump sum basis, Contractor must, not later than 10 days after execution of the Contract and before submitting its first Pay Request, submit to Owner a schedule showing the value of each component part of such Work in form and with substantiating data acceptable to Owner ('`Breakdown Schedule"). The sum of the items listed in the Breakdown Schedule must equal the amount or amounts set forth in the Schedule of Prices for Lump Sum Work. An unbalanced Breakdown Schedule providing for overpayment of Contractor on component parts of the Work to be -8- EXHIBIT A Page 39 of 60 2013 CONTRACT C ATTACHMENT A performed first will not be accepted. The Breakdown Schedule must be revised and resubmitted until acceptable to Owner. No payment may be made for any lump sum item until Contractor has submitted, and Owner has approved, an acceptable Breakdown Schedule. Owner may require that the approved Breakdown Schedule be revised based on developments occurring during the provision and performance of the Work. If Contractor fails to submit a revised Breakdown Schedule that is acceptable to Owner, Owner will have the right either to suspend Progress and Final Payments for Lump Sum Work or to make such Payments based on Owner's determination of the value of the Work completed. (2) Unit Price Items. For all Work to be paid on a unit price basis, the value of such Work will be determined by Owner on the basis of the actual number of acceptable units of Unit Price Items installed and complete in place, multiplied by the applicable Unit Price set forth in the Schedule of Prices. The actual number of acceptable units installed and complete in place will be measured on the basis described in Attachment B to the Contract or, in the absence of such description, on the basis determined by Owner. The number of units of Unit Price Items stated in the Schedule of Prices are Owner's estimate only and may not be used in establishing the Progress or Final Payments due Contractor. The Contract Price will be adjusted to reflect the actual number of acceptable units of Unit Price Items installed and complete in place upon Final Acceptance. C. Application of Payments. All Progress and Final Payments made by Owner to Contractor will be applied to the payment or reimbursement of the costs with respect to which they were paid and will not be applied to or used for any pre- existing or unrelated debt between Contractor and Owner or between Contractor and any third party. 9. Per Diem Administrative Charge: 0 $ 1275.00 per IDOT SSRB ❑ No Charge 10. Standard Specifications: -9- Page 40 of 60 2013 CONTRACT C ATTACHMENT A The Contract includes the following Illinois Department of Transportation standard specifications, each of which are incorporated into the Contract by reference. "State of Illinois Standard Specifications for Road and Bridge Construction" (SSRB) 0 "Standard Specifications for Water and Sewer Main Construction in Illinois" (SSWS) "Illinois Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD). The Contract also includes Owner's City Code and Building Codes. References to any of these manuals, codes, and specifications means the latest editions effective on the date of the bid opening. See Attachment D for any special project requirements. -10- EXHIBIT A Page 41 of 60 The following In thoroughly read 2013 CIP - STREET AND UTILITY IMPROVEMENTS CONTRACT C INDEX OF SPECIAL PROVISIONS dex is provided for the Bidder's convenience only. Bidders are advised to each Special Provision and familiarize themselves with their content. PAGE NUMBER DESCRIPTION 1 SPECIAL PROVISIONS 2-3 TESTING OF MATERIALS 3 COOPERATION BY CONTRACTOR 4 CONTRACTOR SAFETY RESPONSIBILITY 4 DIRT ON PAVEMENT 4 OBSTRUCTION OF STREETS AND RIGHTS OF WAY 5 EXPLORATION TRENCH 5 PIPE REMOVAL, ALL TYPES AND SIZES 6 DUCTILE IRON PIPE WATER MAIN, CLASS 52 7 FIRE HYDRANT REMOVAL 8 FIRE HYDRANT AND AUXILIARY VALVE 9 WATER MAIN RESTRAINED JOINT FITTINGS 10 GATE VALVE, VAULT, FRAME AND CLOSED LID 10-11 REPLACE VALVE VAULT, FRAME AND CLOSED LID 11 CURB BOXES TO BE ADJUSTED 12 ADJUSTING WATER SERVICE LINES 12-13 JACKING PITS 13 CARRIER PIPE, DUCTILE IRON PIPE 14 CASING PIPE, AUGER AND JACK 14-15 CASING SPACERS 15 TRENCH BACKFILL 15-16 TEMPORARY AGGREGATE, CA -6 16 MANHOLE, CATCH BASIN, VALVE VAULT TO BE ABANDONED 17-18 STORM MANHOLE AND CATCH BASIN CONSTRUCTION MANHOLE, CATCH BASIN, VALVE VAULT, ADJUSTMENT AND RECONSTRUCTION 20 SANITARY MANHOLE ADJUSTMENT AND RECONSTRUCTION 21 SANITARY MANHOLE, TYPE A NEW FRAME, CLOSED LID 22-23 SANITARY SEWER REPAIR 23 SANITARY SEWER, DUCTILE IRON PIPE, CLASS 52 24 STORM SEWER, BLIND TAP 24 STORM SEWER, DUCTILE IRON PIPE 25-26 PVC STORM SEWER COMBINATION CONCRETE CURB AND GUTTER, REMOVAL AND REPLACEMENT 27 CURB KEYWAY 28 EXPANSION HOOK BOLTS SIDEWALK REMOVAL, PORTLAND CEMENT CONCRETE SIDEWALK, DETECTABLE WARNINGS 18-19 26-27 28-29 INDEX - 1 EXHIBIT A Page 42 of 60 2013 CIP - STREET AND UTILITY IMPROVEMENTS CONTRACT C 29 REINFORCEMENT BARS, EPDXY COATED PORTLAND CEMENT CONCRETE DRIVEWAY PAVEMENT, REMOVAL AND 30 REPLACEMENT HOT -MIX ASPHALT DRIVEWAY SURFACE COURSE, REMOVAL AND 30-31 REPLACEMENT 31 HOT -MIX ASPHALT SURFACE REMOVAL, VARIABLE DEPTH 31-32 TEMPORARY PAVEMENT PATCH 32 PAVEMENT PATCHING 33 REMOVE SIGN PANEL ASSEMBLY 33 METAL POST, TYPE B 33 SIGN PANEL, TYPE A 34 EARTH GRADING FOR DRAINAGE 34-35 TOPSOIL PLACEMENT 4 INCHES AND SODDING 35-36 TRAFFIC CONTROL AND PROTECTION 36 PORTABLE TOILETS 36 BOLLARD REMOVAL 37 BOLLARD REPLACEMENT 37-38 HOT -MIX ASPHALT DRIVEWAY PAVEMENT, REMOVAL AND REPLACEMENT INDEX FOR SUPPLEMENTAL SPECIFICATIONS AND RECURRING SPECIAL 39 PROVISIONS 40 CHECK SHEET FOR RECURRING SPECIAL PROVISIONS 41 CHECK SHEET FOR LOCAL ROADS RECURRING SPECIAL PROVISIONS 42-44 BDE SPECIAL PROVISION CHECK SHEET 45-47 BITUMINOUS MATERIALS COST ADJUSTMENTS (BDE) 48-50 CONSTRUCTION AIR QUALITY - DEISEL RETROFIT (BDE) 51 GRANULAR MATERIALS (BDE) 52 LIQUIDATED DAMAGES (BDE) 53 PAVEMENT PATCHING (BDE) 54-55 PAYMENTS TO SUBCONTRACTORS (BDE) 56-58 PLACING AND CONSOLIDATING CONCRETE (BDE) 59-101 PORTLAND CEMENT CONCRETE (BDE) 102-117 QUALITY CONTROL/QUALITY ASSUARANCE OF CONCRETE MIXTURES (BDE) 118-119 RAILROAD PROTECTIVE LIABILITY INSURANCE (5 AND 10) RECLAIMED ASPHALT PAVEMENT (RAP) AND RECLAIMED ASPHALT 120-130 SHINGLES 131 SUBCONTRACTOR MOBILIZATION PAYMENTS (BDE) 132-137 UTILITY COORDINATION AND CONFLICTS (BDE) 138-148 DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION (BDE) OTHER ATTACHMENTS: IDOT HIGHWAY STANDARDS TRENCH BACKFILL TABLES FOR CONCRETE PIPES SOIL BORING AND PAVEMENT CORES NO PARKING SIGN STORM WATER POLLUTION PRVENTION PLAN INDEX - 2 EXHIBIT A Page 43 of 60 CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF 2013 CONTRACT C ATTACHMENT C LIST OF DRAWINGS INDEX OF SHEETS SHEET NUMBER DESCRIPTION 1 COVER 2 LEGEND 3 TYPICAL SECTIONS 4 SCHEDULE OF QUANTITIES 5-7 HOWARD AVENUE 8-12 LEAHY CIRCLE 13-17 WARRINGTON ROAD 18-20 WESTGATE ROAD 21-23 MEYER COURT 24-25 WASHINGTON STREET 26-27 LAUREL AVENUE 28-29 PERRY STREET 30-32 GOOD AVENUE 33-37 WICKE AVENUE 38 DES PLAINES DETAIL SHEET 39 DES PLAINES DETAIL SHEET 40 SOIL EROSION AND SEDIMENT CONTROL DETAILS -1- EXHIBIT A Page 44 of 60 CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF 2013 CONTRACT C ATTACHMENT D SPECIAL PROJECT REQUIREMENTS PRE -CONSTRUCTION MEETING Prior to commencing any construction operations, there shall be a Pre -Construction Meeting conducted at the Public Works and Engineering Office, Des Plaines Civic Center, 1420 Miner Street, Room 504. The Engineer will set the date and time of the Pre -Construction Meeting after execution of the Contract by both parties. The Contractor's full time Superintendent must attend the Pre -Construction meeting. The following shall be submitted for review at the Pre -Construction meeting: Progress Schedule (submit 3 working days prior) for review Superintendent 24-hour emergency phone number, field phone number, pager number and cellular telephone number Name and 24-hour emergency telephone number of the person in the direct employ of the Contractor who is responsible for administrating the Traffic Control on the Contract. List of Subcontractors, including quantity and type of work to be sublet, their qualifications, references and certified copies of their subcontract agreements. List of Material Suppliers and phone numbers Mix Designs for concrete and hot -mix asphalt items to be incorporated in the Contract All Subcontractors are required to either attend the Pre -Construction meeting or attend a Field Pre -Construction meeting with the Resident Engineer and the Contractor's Superintendent prior to the beginning of any sub -let work. Revised April 2013 IBIT A Page 45 of 60 2013 CONTRACT C ATTACHMENT D CLAIMS The Contractor agrees to save and hold harmless the Owner and the Engineer from all claims, demands, suits, judgment decrees, including costs, expenses and attorney fees on account of, or arising out of the use of the streets or sidewalks, or resulting from the excavations, openings, obstructions, or defects that may be made or left in the streets or sidewalks by the Contractor or their several agents, or any other person engaged in the performance of this Contract. The Contractor shall save the Owner and the Engineer harmless from all claims, demands, suits, judgment decrees, including costs, expenses and attorney fees on account of, or arising out of any infringement of any patent rights or royalties claimed by any one on account of machinery, instrument tools, materials, principals or processes used by them or about said work. PROCEDURE FOR RESOLVING PROPERTY DAMAGE CLAIMS The General Contractor agrees to adhere to the following procedure to resolve all property damage claims that are related to the performance of all Work on this Contract. It is the responsibility of the General Contractor to require that all Subcontractors and Material Suppliers follow this claim procedure. The City reserves the right to withhold one and one half times the estimated cost of the damages from sums due the General Contractor until all claims related to performance of their Work are resolved as herein provided. Upon receipt of a claim against the General Contractor for property damage allegedly caused or related to the performance of their Work under this Contract, the General Contractor shall, within 5 working days of receipt of such claim: Acknowledge the claim, in writing, to the property owner or the claimant. Furnish the Engineer with written acknowledgement of receipt of the claim, including a copy of the claim and all information related to it. If the claim is not settled (or the General Contractor does not agree to settle the claim) within 5 days, the General Contractor shall: Forward the claim to the General Contractor's Insurance Carrier. Furnish the Engineer with a copy of the Insurance Carrier's written acknowledgement of receipt of the claim EXHIBIT A Page 46 of 60 2013 CONTRACT C ATTACHMENT D The General Contractor shall either settle or deny the claim within 60 calendar days from initial receipt of the claim, the General Contractor shall: Notify the Engineer, in writing, of claims that have been settled or denied, including the terms of the settlement or the reason for the denial. Notify the property owner if there is a decision to deny their claim and shall include in the Notice of Denial the name and address of the person authorized to accept service of process on behalf of the General Contractor. When a claim is allowed in any amount, within 30 days of the award, pay to the property owner the amount of the award. If the Contractor does not make payment to the property owner within the 30 day period, the Owner shall be authorized to make the payment in the amount of the award on behalf of the General Contractor and deduct the amount of the payment from the amount due the General Contractor on the next payment due the Contractor under this Contract. Revised April 2013 3 - EXHIBIT A Page 47 of 60 2013 CIP - STREET AND UTILITY IMPROVEMENTS - CONTRACT C SCHEDULE OF PRICES - ORANGE CRUSH L.L.C. 2013 CAPITAL IMPROVEMENT PROGRAM STREET AND UTILITY IMPROVEMENTS CONTRACT C TOTAL UNIT TOTAL ITEM # PAY ITEM UNIT QUANTITY COST COST 1 EXPLORATION TRENCH FOOT 350 1_1(1! .0 $ 3,500.00 2 INLET FILTERS EACH 169 $ 126.00 $ 21,126.00 3 TREE REMOVAL (OVER 16 INCH -DIAMETER) INDIA 102 1_1_5.00 $ 3,570.00 4 TREE TRUNK PROTECTION EACH 246 $ 80.00 $ 14,760.00 5 TREE ROOT PRUNING EACH 14 _1_15_0.00 $ 2,100.00 6 M.H., C.B., V.V., TO BE ABANDONED EACH 1 j_1_00.00 $ 500.00 7 M.H., C.B., V.V., TO BE REMOVED EACH 36 $ 300.00 $ 10,800.00 8 SANITARY M.H. TO BE REMOVED EACH 6 $ 360.00 $ 1,760.00 9 C.B., TY -C, 2' DIA., BEEHIVE GRATE EACH 17 $ 900.00 $ 15,300.00 10 C.B., TY -C, 2' DIA., CURB FRAME & OPEN LID EACH 30 $ 1,100.00 $ 33,000.00 11 C.B., TY -C, 2' DIA., ROUND FRAME & OPEN LID EACH 3 111._.) 00.00 $ 3.000.00 12 C.B., TY -A, 4' DIA., CURB FRAME & OPEN LID EACH 12 $ 2,650.00 $ 31,800.00 13 M.H.,C.B.,V.V. TO BE ADJUSTED, NEW FRAME & LID EACH 27 $ 660.00 $ 14,850.00 14 M.H.,C.B.,V.V. TO BE RECONSTRUCTED, NEW FRAME & LID EACH 7 $ 1,300.00 $ 9,100.00 15 STORM MANHOLE, TY -A, 4' DIA, ROUND FRAME & CLOSED LID EACH 22 $ 2,800.00 $ 61,600.00 16 STORM MANHOLE, TY -A. 5' DIA, ROUND FRAME & CLOSED LID EACH 9 $ 3,400.00 $ 30,600.00 17 SANITARY M.H., TY -A, 4' DIA, ROUND FRAME & CLOSED LID EACH 6 $ 4,260.00 $ 21,260.00 18 SAN. M.H. TO BE ADJUSTED, NEW FRAME & LID EACH 4 $ 760.00 $ 3,000.00 19 SAN. M.H. TO BE RECONSTRUCTED, NEW FRAME & LID EACH 5 $ 1,400.00 $ 7,000.00 20 REMOVE FIRE HYDRANT EACH 7 $ 800.00 $ 4,200.00 21 FIRE HYDRANT AND AUXILIARY VALVE EACH 7 $ 6,800.00 $ 47,600.00 22 DUCTILE IRON PIPE WATER MAIN, CL 52, 6 INCH FOOT 30 $ 76.00 $ 2,260.00 23 DUCTILE IRON PIPE WATER MAIN, CL 52, 8 INCH FOOT 8 $ 80.00 $ 640.00 24 DUCTILE IRON PIPE WATER MAIN, CL 52, 12 INCH FOOT 70 $ 95.00 $ 6,660.00 25 12 INCH GATE VALVE, 60 INCH VAULT, FRAME & CLOSED LID EACH 1 $ 6,800.00 $ 6,800.00 26 VALVE VAULT, 48" DIAMETER, ROUND FRAME, CLOSED LID FOOT 3 $ 2.400.00 $ 7,200.00 27 JACKING PITS CU. YD. 480 $ 40.00 $ 18,400.00 28 BOLLARD REMOVAL EACH 2 $ 275.00 $ 550.00 29 BOLLARD REPLACEMENT EACH 2 $ 1,000.00 $ 2,000.00 30 WATER MAIN FITTINGS, RESTRAINED JOINT POUND 2428 $ 1.00 $ 2,428.00 31 PIPE REMOVAL, ALL TYPES AND SIZES FOOT 884 $ 5.00 $ 4,420.00 32 STORM SEWER, PVC, SDR 26,10 INCH FOOT 317 $ 48.00 $ 15,216.00 33 STORM SEWER, REINFORCED CONCRETE P!PE, 12 INCH CL II FOOT 868 $ 60.00 $ 43,300.00 34 STORM SEWER, REINFORCED CONCRETE PIPE, 15 INCH CL 11 FOOT 1005 $ 52.00 $ 62,280.00 36 STORM SEWER, REINFORCED CONCRETE PIPE, 18 INCH CL 11 FOOT 262 $ 64.00 $ 14,148.00 36 STORM SEWER, REINFORCED CONCRETE PIPE, 21 INCH CL 11 FOOT 867 $ 57.00 $ 49,419.00 37 STORM SEWER, REINFORCED CONCRETE PIPE, 24 INCH CL II FOOT 2127 $ 80.00 $ 127,620.00 38 STORM SEWER, REINFORCED CONCRETE PIPE, 30 INCH CL 11 FOOT 200 $ 70.00 $ 14,000.00 39 STORM SEWER, REINFORCED CONCRETE PIPE, 36 INCH CL 'I FOOT 900 $ 80.00 $ 72,000.00 40 STORM SEWER, DUCTILE IRON PIPE, 8 INCH FOOT 27 $ 66.00 $ 1,755.00 41 STORM SEWER, DUCTILE IRON PIPE, 18 INCH FOOT 55 $ 135.00 $ 7,425.00 42 STORM SEWER, DUCTILE IRON PIPE, 20 INCH FOOT 52 $ 150.00 $ 7,800.00 43 STORM SEWER, DUCTILE IRON PIPE, 24 INCH FOOT 53 $ 176.00 $ 9,276.00 44 STORM SEWER, DUCTILE IRON PIPE, 38 INCH FOOT 75 $ 226.00 $ 16,875.00 45 CARRIER PIPE, DUCTILE IRON PIPE, 36 INCH FOOT 127 $ 300.00 $ 38,100.00 46 BLIND SEWER TAP EACH 12 $ 500.00 $ 6,000.00 47 STEEL CASING PIPE, 48 INCH, AUGER AND JACK FOOT 127 $ 675.00 $ 86,725.00 48 CASING SPACERS EACH 20 $ 350.00 $ 7,000.00 49 SANITARY SEWER LATERAL, PVC, 6 INCH FOOT 305 $ 48.00 $ 14,640.00 60 SANITARY SEWER LATERAL, PVC, 8 INCH FOOT 61 $ 74.00 $ 4,514.00 51 SANITARY SEWER LATERAL, DIP, 8 INCH FOOT 67 $ 95.00 $ 6,365.00 52 SANITARY SEWER LATERAL FITTINGS EACH 116 $ 76.00 $ 8,700.00 53 TRENCH BACKFILL CU.YD. 10400 $ 39.00 $ 405,600.00 64 SIDEWALK REMOVAL SQ. FT. 16725 $ 1.50 26 087.60 55 P.C.C. SIDEWALK SQ. FT. 16725 $ 3.50 $ 68,637.60 58 DETECTABLE WARNINGS SQ. FT. 1176 $ 24.00 $ 28,224.00 57 CURB KEYWAY FOOT 950 $ 1.50 $ 1,426.00 58 REINFORCEMENT BARS, EPDXY COATED FOOT 390 $ 1.00 $ 390.00 59 DRIVEWAY PAVEMENT REM. & P.C.C. REPL . 6 INCH SQ. YD 820 $ 44.00 $ 36,080.00 60 DRIVEWAY PAVEMENT REM. & P.C.C. REPL , 8 INCH SQ. YD. 1060 $ 50.00 $ 63,000.00 Pape 1 of 2 EXHIBIT A Page 48 of 60 2013 CIP - STREET AND UTILITY IMPROVEMENTS - CONTRACT C SCHEDULE OF PRICES - ORANGE CRUSH L.L.C. 2013 CAPITAL IMPROVEMENT PROGRAM STREET AND UTILITY IMPROVEMENTS CONTRACT C TOTAL UNIT TOTAL ITEM # PAY ITEM UNIT QUANTITY COST COST 61 COMB. CONCRETE CURB AND GUTTER REMOVAL FOOT 6785 $ 8.00 $ 46,280.00 62 COMB. CONCRETE CURB AND GUTTER REPLACEMENT FOOT 5785 $ 15.50 $ 89,667.60 63 TEMPORARY AGGREGATE, CA -6 TON 650 .1_1131L1 $ 6,600.00 64 PAVEMENT PATCHING SQ. YD. 4535 $ 40.00 $ 181,400.00 66 PAVEMENT REMOVAL MILLING, 1 INCH - 3 INCH VARIABLE DEPTH SQ. YD. 15615 $ 2.60 $ 39 4. 66 PAVEMENT REMOVAL MILLING, 6 INCHES SQ. YD. 6171 $ 60 $ 27, 67 PAVEMENT REMOVAL MILLING, 8 INCHES SQ. YD. 4936 $ 6.00 $ 29,616.00 68 PREPARATION OF BASE SQ. YD. 4936 _$_____LIJIL $ 5,429.60 69 AGGREGATE BASE REPAIR TON 190 $ 15.00 $ 2,850.00 70 TEMPORARY PAVEMENT PATCH TON 20 96.00 $ 1,900.00 71 DRIVEWAY HMA SURFACE COURSE REMOVAL AND REPLACEMENT SQ. YD. 146 1____1____2.00 $ 3,190.00 72 HOT MIX ASPHALT BINDER COURSE, IL -19, N50, 4 INCH TON 1480 $ 63.00 $ 93,240.00 73 HOT MIX ASPHALT BINDER COURSE, IL -19, N50, 6 INCH TON 1770 $ 63.00 $ 111,610.00 74 LEVELING BINDER (MACHINE METHOD), N50 TON 1075 _L___'___70.00 $ 75,260.00 75 LEVELING BINDER (HAND METHOD), N60 TON 276 $ 85.00 $ 23,376.00 76 BITUMINOUS MATERIALS (PRIME COAT) GAL. 1925 $ 1.50 $ 2,887.60 77 AGGREGATE (PRIME COAT) TON 27 $ 20.00 $ 640.00 78 HOT MIX ASPHALT SURFACE COURSE, MIX D, N50, 2 INCH TON 3180 _$___:12J2_0 $ 222,600.00 79 EARTH GRADING FOR DRAINAGE SQ. YD. 2220 $ 7.00 $ 15,540.00 80 TOPSOIL PLACEMENT, 4 INCH AND SODDING SQ. YD. 14960 $ 9.00 $ 134,550.00 81 PAVEMENT MARKING REMOVAL SQ. FT. 1425 _$____L____20 $ 1,710.00 82 THERMOPLASTIC PVMT. MARKING LINE, 4 INCH FOOT 2525 $ 0.55 $ 1,388.75 83 THERMOPLASTIC PVMT. MARKING LINE, 6 INCH FOOT 1545 $ 1.00 $ 1.645.00 84 THERMOPLASTIC PVMT. MARKING LINE, 12 INCH FOOT 750 $ 2.00 $ 1,600.00 85 THERMOPLASTIC PVMT. MARKING LINE, 24 INCH FOOT 449 $ 4.00 $ 1,966.00 86 THERMOPLASTIC PVMT. MARKING LINE, LETTERS AND SYMBOLS SQ. FT. 245 $ 4.00 $ 980.00 87 EPDXY PVMT. MARKING LINE, 6 INCH FOOT 290 $ 8.00 $ 2,320.00 88 EPDXY PVMT. MARKING LINE, 24 INCH FOOT 44 $ 32.00 $ 1,408.00 89 REMOVE SIGN PANEL ASSEMBLY EACH 155 _S___M11_0 $ 11,625.00 90 METAL POSTS, TYPE B FOOT ' 058 1_131_30 $ 10,580.00 91 SIGN PANEL, TYPE A SQ. FT. 803 .1_49_0 20.00_ $ 12,060.00 92 PORTABLE TOILETS EA. CAL MO. 14 $ 250.00 $ 3,500.00 93 RAILROAD PROTECTIVE LIABILITY INSURANCE LUMP SUM $ 3,000.00 $ 3,000.00 94 CONTRACTOR'S FURNISHED CONSTRUCTION LAYOUT LUMP SUM 1 $ 20,000.00 $ 20,000.00 95 TRAFFIC CONTROL AND PROTECTION LUMP SUM 1 $ 50,000.00 $ 50,000.00 TOTAL BID $2,838,929.35 ITEMS TO BE FURNISHED AND CONSTRUCTED ONLY IF REQUESTED STRUCTURE INSERTS SALVAGE FRAME CREDIT RELOCATING WATER SERVICE LINES WATER SERVICE LINE, 1 INCH CASING PIPE, 2 INCH PVC, WATER SERVICE CORPORATION STOP, 1 INCH CURB STOP, 1 INCH CURB BOX, 1 INCH CURB BOXES TO BE ADJUSTED SANITARY SEWER LATERAL, DIP, 6 INCH SUPPLEMENTAL WATERING -1000 GAL PER UNIT IN WRITING BY THE ENGINEER EACH EACH FOOT FOOT FOOT EACH EACH EACH EACH FOOT UNIT 300.00 200.00 100.00 75.00 25.00 750.00 800.00 600.00 300.00 300.00 100.00 Pap 2of2 EXHIBIT A Page 49 of 60 CITY OF DES PLAINES ORDINANCE M - 24 - 12 AN ORDINANCE PURSUANT TO 820 ILCS 130/1, ET SEQ., AS AMENDED, PERTAINING TO WAGES OF EMPLOYEES PERFORMING PUBLIC WORKS CONSTRUCTION AND PREVAILING WAGE RATES. WHEREAS, the State of Illinois has enacted "An Act regulating wages of laborers, mechanics and other workers employed in any public works by the State, county, city or any public body or any political subdivision or by anyone under contract for public works," approved June 26, 1941, 820 ILCS 130/1, et seq., as amended, ("the Act"); and WHEREAS, the aforesaid Act requires that the City of Des Plaines ("City") investigate and ascertain the prevailing rate of wages as defined in said Act for laborers, mechanics and other workers in the locality of the City employed in performing construction of public works for the City. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows- SECTION 1: That to the extent and as required by the Act, the general prevailing rate of wages in this locality for laborers, mechanics and other workers engaged in construction of public works coming under the jurisdiction of the City, is hereby ascertained to be the same as the prevailing rate of wages for construction work in the Cook County area as determined by the Department of Labor of the State of Illinois as of June 2012, a copy of that determination being attached hereto as Exhibit "A" and incorporated herein by reference. As required by the Act, any and all revisions of the prevailing rate of wages by the Department of Labor of the State f Illinois shall supersede the Department's April determination and apply to any and all public works construction undertaken by the City. The definition of any terms appearing in this Ordinance, which are a'so used in the Act, shall be the same as in the Act. Page 50 of 60 • SECTION 2: That nothing herein contained shall be construed to apply said general prevailing rate of wages as herein ascertained to any work or employment except public works construction of the City, to the extent required by the Act. SECTION 3: That the City Clerk of the City of Des Plaines shall publicly post or keep available for inspection by any interested party in the City Clerk's office of the City of Des Plaines this determination or any revisions of such prevailing rate of wage. A copy of this determination or of the current revised determination of prevailing rate of wages then in effect shall be attached to all contract specifications. SECTION 4: That the City Clerk shall mail a copy of this determination to any employer, and to any association of employers and to any person or association of employees who have filed their names and addresses requesting copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates. SECTION 5: That the City Clerk shall promptly file a certified copy of this Ordinance with both the Secretary of State and the Department of Labor of the State of Illinois. SECTION 6: That the City Clerk shall cause to be published in a newspaper of general circulation within the area a copy of this Ordinance, and such publication shall constitute notice that the determination is effective and that this is the determination of this public body. SECTION 7: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 2 EXHIBIT A Page 51 of 60 • ATTEST: PASSED this 02 ' day of / 2012. APPROVED this 7?Ali\day of ��t./d 2012. V VOTE: AYES NAYS D ABSENT 0 CITY CLE Published in pamphlet 106-thig aADdayof Lit/" --a'012. 3 Approved as to form: WL& David R. Wiltse, City Attorney EXHIBIT A Page 52 of 60 Cook County Prevailing Wage for May 2013 (See explanation of column headings at bottom of wages) Trade Name RG TYP C Base FRMAN M -F>8 OSA OSH H/W Pensn Vac Trng ASBESTOS ABT -GEN ASBESTOS ABT -MEC BOILERMAKER BRICK MASON CARPENTER CEMENT MASON CERAMIC TILE FNSHER COMM. ELECT. ELECTRIC PWR EQMT OP ELECTRIC PWR GRNDMAN ELECTRIC PWR LINEMAN ELECTRICIAN ELEVATOR CONSTRUCTOR FENCE ERECTOR GLAZIER HT/FROST INSULATOR IRON WORKER LABORER LATHER MACHINIST MARBLE FINISHERS MARBLE MASON MATERIAL TESTER I MATERIALS TESTER II MILLWRIGHT OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER ORNAMNTL IRON WORKER PAINTER PAINTER SIGNS PILEDRIVER PIPEFITTER PLASTERER PLUMBER ROOFER SHEETMETAL WORKER ALL BLD BLD BLD ALL ALL BLD BLD ALL ALL ALL ALL BLD ALL BLD BLD ALL ALL ALL BLD ALL BLD ALL ALL ALL BLD 1 BLD 2 BLD 3 BLD 4 BLD 5 BLD 6 BLD 7 FLT 1 FLT 2 FLT 3 FLT 4 FLT 5 HWY 1 HWY 2 HWY 3 HWY 4 HWY 5 HWY 6 HWY 7 ALL ALL BLD ALL BLD BLD BLD BLD BLD 36.200 36.700 1.5 34.160 36.660 1.5 43.450 47.360 2.0 40.680 44.750 1.5 41.520 43.520 1.5 42.350 44.350 2.0 34.440 0.000 2.0 37.500 40.150 1.5 43.350 48.350 1.5 33.810 48.350 1.5 43.350 48.350 1.5 42.000 44.800 1.5 49.080 55.215 2.0 33.740 35.740 1.5 39.500 41.000 1.5 45.550 48.050 1.5 40.750 42.750 2.0 36.200 36.950 1.5 41.520 43.520 1.5 43.550 46.050 1.5 29.700 0.000 1.5 39.880 43.870 1.5 26.200 0.000 1.5 31.200 0.000 1.5 41.520 43.520 1.5 45.100 49.100 2.0 43.800 49.100 2.0 41.250 49.100 2.0 39.500 49.100 2.0 48.850 49.100 2.0 46.100 49.100 2.0 48.100 49.100 2.0 51.300 51.300 1.5 49.800 51.300 1.5 44.350 51.300 1.5 36.850 51.300 1.5 52.800 51.300 1.5 43.300 47.300 1.5 42.750 47.300 1.5 40.700 47.300 1.5 39.300 47.300 1.5 38.100 47.300 1.5 46.300 47.300 1.5 44.300 47.300 1.5 41.800 44.300 2.0 40.000 44.750 1.5 33.920 38.090 1.5 41.520 43.520 1.5 45.050 48.050 1.5 40.250 42.670 1.5 45.000 47.000 1.5 38.350 41.350 1.5 40.810 44.070 1.5 1.5 1.5 2.0 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 2.0 1.5 2.0 1.5 2.0 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 2.0 2.0 2.0 2.0 2.0 2.0 2.0 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 2.0 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 1.5 1.5 2.0 2.0 2.0 2.0 2.0 2.0 12.78 10.82 6.970 9.550 13.19 11.21 9.700 8.420 10.38 8.090 10.38 12.83 11.88 12.61 11.99 10.82 13.20 12.78 13.19 6.130 9.550 9.550 12.78 12.78 13.19 15.70 15.70 15.70 15.70 15.70 15.70 15.70 14.40 14.40 14.40 14.40 14.40 15.70 15.70 15.70 15.70 15.70 15.70 15.70 12.86 9.750 2.600 13.19 8.460 10.85 12.53 8.280 10.13 9.020 10.66 14.66 12.00 11.75 11.40 6.930 9.980 13.50 10.53 13.50 13.07 12.71 10.18 14.30 11.86 19.09 9.020 11.75 8.950 11.75 11.75 9.020 9.020 11.75 10.55 10.55 10.55 10.55 10.55 10.55 10.55 9.550 9.550 9.550 9.550 9.550 10.55 10.55 10.55 10.55 10.55 10.55 10.55 15.81 11.10 2.710 11.75 14.85 10.94 10.06 8.770 17.79 0.000 0.000 0.000 0.000 0.000 0.000 0.000 1.100 0.000 0.000 0.000 0.000 3.930 0.000 0.000 0.000 0.000 0.000 0.000 1.850 0.000 0.000 0.000 0.000 0.000 1.900 1.900 1.900 1.900 1.900 1.900 1.900 1.900 1.900 1.900 1.900 1.900 1.900 1.900 1.900 1.900 1.900 1.900 1.900 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.500 0.720 0.350 0.970 0.530 0.320 0.610 0.700 0.430 0.330 0.430 0.750 0.600 0.250 0.840 0.720 0.350 0.500 0.530 0.000 0.620 0.730 0.500 0.500 0.530 1.250 1.250 1.250 1.250 1.250 1.250 1.250 1.250 1.250 1.250 1.250 1.250 1.250 1.250 1.250 1.250 1.250 1.250 1.250 0.550 0.770 0.000 0.530 1.780 0.550 0.880 0.430 0.630 Page 1 of 8 EXHIBIT A Page 53 of 60 Cook County Prevail:ng Wage for May 2013 SrGN HANGER SPRINKLER FITTER STEEL ERECTOR STONE MASON TERRAZZO FINISHER TERRAZZO MASON TILE MASON TRAFFIC SAFETY WRKR TRUCK TRUCK TRUCK TRUCK TRUCK TRUCK TRUCK TRUCK DRIVER DRIVER DRIVER DRIVER DRIVER DRIVER DRIVER DRIVER TUCKPOINTER E E E E W W W W BLD BLD ALL BLD BLD BLD BLD HWY ALL ALL ALL ALL ALL ALL ALL ALL BLD 30.210 49.200 40.750 40.680 35.510 39.370 41.430 28.250 1 33.850 2 34.100 3 34.300 4 34.500 1 32.550 2 32.700 3 32.900 4 33.100 40.950 30.7'0 51.200 42.750 44.750 0.000 42.370 45.430 29.850 34.500 34.500 34.500 34.500 33.100 33.100 33.100 33.100 41.950 1.5 1.5 2.0 1.5 1.5 1.5 2.0 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 2.0 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 4.850 10.25 13.20 9.550 9.700 9.700 9.700 4.896 8.150 8.150 8.150 8.150 6.500 6.500 6.500 6.500 8.180 3.030 8.350 19.09 12.00 9.320 10.66 8.640 4.175 8.500 8.500 8.500 8.500 4.350 4.350 4.350 4.350 10.82 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.450 0.350 0.970 0.400 0.550 0.710 0.000 0.150 0.150 0.150 0.150 0.000 0.000 0.000 0.000 0.940 Legend: RG (Region) TYP (Trade Type - All, Highway, Building, Floating, Oil & Chip, Rivers) C (Class) Base (Base Wage Rate) FRMAN (Foreman Rate) M -F>8 (OT required for any hour greater than 8 worked each day, Mon through Fri. OSA (Overtime (OT) is required for every hour worked on a Saturday) OSH (Overtime is required for every hour worked on Sunday and Holidays) H/W (Health & Welfare Insurance) Pensn (Pension) Vac (Vacation) Trng (Training) Explanations COOK COUNTY The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and Veterans Day in some classifications/counties. Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday. This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain days of celebration. If in doubt, please check with IDOL. TRUCK DRIVERS (WEST) - That part of the county West of Barrington Road. EXPLANATION OF CLASSES ASBESTOS - GENERAL - removal of asbestos material/mold and hazardous materials from any place in a building, including mechanical systems Page 2 of 8 EXHIBIT A Page 54 of 60 Cook County Prevailing Wage for May 2013 where those mechanical systems are to be removed. This includes the removal of asbestos materials/mold and hazardous materials from ductwork or pipes in a building when the building is to be demolished at the time or at some close future date. ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where the mechanical systems are to remain. CERAMIC TILE FINISHER The grouting, cleaning, and polishing of all classes of tile, whether for interior or exterior purposes, all burned, glazed or unglazed products; all composition materials, granite tiles, warning detectable tiles, cement tiles, epoxy composite materials, pavers, glass, mosaics, fiberglass, and all substitute materials, for tile made in tile -like units; all mixtures in tile like form of cement, metals, and other materials that are for and intended for use as a finished floor surface, stair treads, promenade roofs, walks, walls, ceilings, swimming pools, and all other places where tile is to form a finished interior or exterior. The mixing of all setting mortars including but not limited to thin -set mortars, epoxies, wall mud, and any other sand and cement mixtures or adhesives when used in the preparation, installation, repair, or maintenance of tile and/or similar materials. The handling and unloading of all sand, cement, lime, tile, fixtures, equipment, adhesives, or any other materials to be used in the preparation, installation, repair, or maintenance of tile and/or similar materials. Ceramic Tile Finishers shall fill all joints and voids regardless of method on all tile work, particularly and especially after installation of said tile work. Application of any and all protective coverings to all types of tile installations including, but not be limited to, all soap compounds, paper products, tapes, and all polyethylene coverings, plywood, masonite, cardboard, and any new type of products that may be used to protect tile installations, Blastrac equipment, and all floor scarifying equipment used in preparing floors to receive tile. The clean up and removal of all waste and materials. All demolition of existing tile floors and walls to be re -tiled. COMMUNICATIONS ELECTRICIAN Installation, operation, inspection, maintenance, repair and service of radio, television, recording, voice sound vision production and reproduction, telephone and telephone interconnect, facsimile, data apparatus, coaxial, fibre optic and wireless equipment, appliances and systems used for the transmission and reception of signals of any nature, business, domestic, commercial, education, entertainment, and residential purposes, including but not limited to, communication and telephone, electronic and sound equipment, fibre optic and data communication systems, and the performance of any task directly related to such installation or service whether at new or existing sites, such tasks to include the placing of wire and cable and electrical power conduit or other raceway work within the equipment room and pulling wire and/or cable through conduit and the installation of any incidental conduit, such that the employees covered hereby can complete any job in full. MARBLE FINISHER Page 3 of 8 EXHIBIT A Page 55 of 60 r 1! 4 Cook County Prevailing Wage for May 2013 Loading and unloading trucks, distribution of all materials (all stone, sand, etc.), stocking of floors with material, performing all rigging for heavy work, the handling of all material that may be needed for the installation of such materials, building of scaffolding, polishing if needed, patching, waxing of material if damaged, pointing up, caulking, grouting and cleaning of marble, holding water on diamond or Carborundum blade or saw for setters cutting, use of tub saw or any other saw needed for preparation of material, drilling of holes for wires that anchor material set by setters, mixing up of molding plaster for installation of material, mixing up thin set for the installation of material, mixing up of sand to cement for the installation of material and such other work as may be required in helping a Marble Setter in the handling of all material in the erection or installation of interior marble, slate, travertine, art marble, serpentine, alberene stone, blue stone, granite and other stones (meaning as to stone any foreign or domestic materials as are specified and used in building interiors and exteriors and customarily known as stone in the trade), carrara, sanionyx, vitrolite and similar opaque glass and the laying of all marble tile, terrazzo tile, slate tile and precast tile, steps, risers treads, base, or any other materials that may be used as substitutes for any of the aforementioned materials and which are used on interior and exterior which are installed in a similar manner. MATERIAL TESTER I: Hand coring and drilling for testing of materials; field inspection of uncured concrete and asphalt. MATERIAL TESTER II: Field inspection of welds, structural steel, fireproofing, masonry, soil, facade, reinforcing steel, formwork, cured concrete, and concrete and asphalt batch plants; adjusting proportions of bituminous mixtures. OPERATING ENGINEER - BUILDING Class 1. Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with Caisson Attachment; Batch Plant; Benoto (requires Two Engineers); Boiler and Throttle Valve; Caisson Rigs; Central Redi-Mix Plant; Combination Back Hoe Front End -loader Machine; Compressor and Throttle Valve; Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Conveyor (Truck Mounted); Concrete Paver Over 27E cu. ft; Concrete Paver 27E cu. ft. and Under: Concrete Placer; Concrete Placing Boom; Concrete Pump (Truck Mounted); Concrete Tower; Cranes, All; Cranes, Hammerhead; Cranes, (GCI and similar Type); Creter Crane; Spider Crane; Crusher, Stone, etc.; Derricks, All; Derricks, Traveling; Formless Curb and Gutter Machine; Grader, Elevating; Grouting Machines; Heavy Duty Self -Propelled Transporter or Prime Mover; Highlift Shovels or Front Endloader 2-1/4 yd. and over; Hoists, Elevators, outside type rack and pinion and similar machines; Hoists, One, Two and Three Drum; Hoists, Two Tugger One Floor; Hydraulic Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar equipment); Locomotives, All; Motor Patrol; Lubrication Technician; Manipulators; Pile Drivers and Skid Rig; Post Hole Digger; Pre -Stress Machine; Pump Cretes Dual Ram; Pump Cretes: Squeeze Cretes-Screw Type Pumps; Gypsum Bulker and Pump; Raised and Blind Hole Drill; Roto Mill Grinder; Scoops - Tractor Drawn; Slip -Form Paver; Straddle Buggies; Operation Page 4 of 8 EXHIBIT A Page 56 of 60 Cook County Prevailing Wage for May 2013 of Tie Back Machine; Tournapu,�; Tractor with Boom and Side Boom; Trenching Machines. Class 2. Boilers; Broom, All Power Propelled; Bulldozers; Concrete Mixer (Two Bag and Over); Conveyor, Portable; Forklift Trucks; Highlift Shovels or Front Endloaders under 2-1/4 yd.; Hoists, Automatic; Hoists, Inside Elevators; Hoists, Sewer Dragging Machine; Hoists, Tugger Single Drum; Laser Screed; Rock Drill (Self -Propelled); Rock Drill (Truck Mounted); Rollers, All; Steam Generators; Tractors, All; Tractor Drawn Vibratory Roller; Winch Trucks with "A" Frame. Class 3. Air Compressor; Combination Small Equipment Operator; Generators; Heaters, Mechanical; Hoists, Inside Elevators (remodeling or renovation work); Hydraulic Power Units (Pile Driving, Extracting, and Drilling); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Low Boys; Pumps, Well Points; Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches. Class 4. Bobcats and/or other Skid Steer Loaders; Oilers; and Brick Forklift. Class 5. Assistant Craft Foreman. Class 6. Gradall. Class 7. Mechanics; Welders. OPERATING ENGINEERS - HIGHWAY CONSTRUCTION Class 1. Asphalt Plant; Asphalt Heater and Planer Combination; Asphalt Heater Scarfire; Asphalt Spreader; Autograder/GOMACO or other similar type machines: ABG Paver; Backhoes with Caisson Attachment; Ballast Regulator; Belt Loader; Caisson Rigs; Car Dumper; Central Redi-Mix Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe Bucket or over or with attachments); Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Paver over 27E cu. ft.; Concrete Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Tower Cranes of all types: Creter Crane: Spider Crane; Crusher, Stone, etc.; Derricks, All; Derrick Boats; Derricks, Traveling; Dredges; Elevators, Outside type Rack & Pinion and Similar Machines; Formless Curb and Gutter Machine; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form Grader, Pull Grader, Subgrader; Guard Rail Post Driver Truck Mounted; Hoists, One, Two and Three Drum; Heavy Duty Self -Propelled Transporter or Prime Mover; Hydraulic Backhoes; Backhoes with shear attachments up to 40' of boom reach; Lubrication Technician; Manipulators; Mucking Machine; Pile Drivers and Skid Rig; Pre -Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid Rig; Rock Drill - Truck Mounted; Rock/Track Tamper; Roto Mill Grinder; Slip -Form Paver; Snow Melters; Soil Test Drill Rig (Truck Mounted); Straddle Buggies; Hydraulic Telescoping Form (Tunnel); Operation of Tieback Machine; Tractor Drawn Belt Loader; Tractor Drawn Belt Loader (with attached pusher - two engineers); Tractor with Boom; Tractaire with Attachments; Traffic Barrier Transfer Machine; Trenching; Truck Mounted Concrete Pump with Boom; Raised or Blind Hole Drills (Tunnel Shaft); Underground Boring and/or Mining Machines 5 ft. in diameter and over tunnel, etc; Underground Boring and/or Mining Page 5 of 8 EXHIBIT A Page 57 of 60 Cook County Prevailing Wage for May 2013 Machines under 5 ft. in diameter; Wheel Excavator; Widener (APSCO). Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve; Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front Endloader Machine (Less than 1 cu. yd. Backhoe Bucket or over or with attachments); Compressor and Throttle Valve; Compressor, Common Receiver (3); Concrete Breaker or Hydro Hammer; Concrete Grinding Machine; Concrete Mixer or Paver 7S Series to and including 27 cu. ft.; Concrete Spreader; Concrete Curing Machine, Burlap Machine, Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck Cars (Haglund or Similar Type); Drills, All; Finishing Machine - Concrete; Highlift Shovels or Front Endloader; Hoist - Sewer Dragging Machine; Hydraulic Boom Trucks (All Attachments); Hydro -Blaster; Hydro Excavating (excluding hose work); Laser Screed; All Locomotives, Dinky; Off -Road Hauling Units (including articulating) Non Self -Loading Ejection Dump; Pump Cretes: Squeeze Cretes - Screw Type Pumps, Gypsum Bulker and Pump; Roller, Asphalt; Rotary Snow Plows; Rototiller, Seaman, etc., self-propelled; Self -Propelled Compactor; Spreader - Chip - Stone, etc.; Scraper - Single/Twin Engine/Push and Pull; Scraper - Prime Mover in Tandem (Regardless of Size); Tractors pulling attachments, Sheeps Foot, Disc, Compactor, etc.; Tug Boats. Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender; Compressor, Common Receiver (2); Concrete Mixer (Two Bag and Over); Conveyor, Portable; Farm -Type Tractors Used for Mowing, Seeding, etc.; Forklift Trucks; Grouting Machine; Hoists, Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep Diggers; Low Boys; Pipe Jacking Machines; Post -Hole Digger; Power Saw, Concrete Power Driven; Pug Mills; Rollers, other than Asphalt; Seed and Straw Blower; Steam Generators; Stump Machine; Winch Trucks with "A" Frame; Work Boats; Tamper -Form -Motor Driven. Class 4. Air Compressor; Combination - Small Equipment Operator; Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic Power Unit (Pile Driving, Extracting, or Drilling); Light Plants, All (1 through 5); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Pumps, Well Points; Vacuum Trucks (excluding hose work); Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches. Class 5. SkidSteer Loader (all); Brick Forklifts; Oilers. Class 6. Field Mechanics and Field Welders Class 7. Dowell Machine with Air Compressor; Gradall and machines of like nature. OPERATING ENGINEER - FLOATING Class 1. Craft Foreman; Master Mechanic; Diver/Wet Tender; Engineer; Engineer (Hydraulic Dredge). Class 2. Crane/Backhoe Operator; Boat Operator with towing endorsement; Mechanic/Welder; Assistant Engineer (Hydraulic Dredge); Leverman (Hydraulic Dredge); Diver Tender. Class 3. Deck Equipment Operator, Machineryman, Maintenance of Crane (over 50 ton capacity) or Backhoe (115,000 lbs. or more); Tug/Launch Page 6 of 8 EXHIBIT A Page 58 of 60 Cook County Prevai ing Wage for May 2013 Operator; Loader/Dozer and like equipment on Barge, Breakwater Wall, Slip/Dock, or Scow, Deck Machinery, etc. Class 4. Deck Equipment Operator, Machineryman/Fireman (4 Equipment Units or More); Off Road Trucks; Deck Hand, Tug Engineer, Crane Maintenance (50 Ton Capacity and Under) or Backhoe Weighing (115,000 pounds or less); Assistant Tug Operator. Class 5. Friction or Lattice Boom Cranes. TERRAZZO FINISHER The handling of sand, cement, marble chips, and all other materials that may be used by the Mosaic Terrazzo Mechanic, and the mixing, grinding, grouting, cleaning and sealing of all Marble, Mosaic, and Terrazzo work, floors, base, stairs, and wainscoting by hand or machine, and in addition, assisting and aiding Marble, Masonic, and Terrazzo Mechanics. TRAFFIC SAFETY Work associated with barricades, horses and drums used to reduce lane usage on highway work, the installation and removal of temporary lane markings, and the installation and removal of temporary road signs. TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION - EAST & WEST Class 1. Two or three Axle Trucks. A -frame Truck when used for transportation purposes; Air Compressors and Welding Machines, including those pulled by cars, pick-up trucks and tractors; Ambulances; Batch Gate Lockers; Batch Hopperman; Car and Truck Washers; Carry-alls; Fork Lifts and Hoisters; Helpers; Mechanics Helpers and Greasers; Oil Distributors 2 -man operation; Pavement Breakers; Pole Trailer, up to 40 feet; Power Mower Tractors; Self-propelled Chip Spreader; Skipman; Slurry Trucks, 2 -man operation; Slurry Truck Conveyor Operation, 2 or 3 man; Teamsters; Unskilled Dumpman; and Truck Drivers hauling warning lights, barricades, and portable toilets on the job site. Class 2. Four axle trucks; Dump Crets and Adgetors under 7 yards; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnapulls or Turnatrailers when pulling other than self -loading equipment or similar equipment under 16 cubic yards; Mixer Trucks under 7 yards; Ready -mix Plant Hopper Operator, and Winch Trucks, 2 Axles. Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or turnapulls when pulling other than self -loading equipment or similar equipment over 16 cubic yards; Explosives and/or Fission Material Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit; Oil Distributors, 1 -man operation; Pole Trailer, over 40 feet; Pole and Expandable Trailers hauling material over 50 feet long; Slurry trucks, 1 -man operation; Winch trucks, 3 axles or more; Mechanic --Truck Welder and Truck Painter. Class 4. Six axle trucks; Dual-purpose vehicles, such as mounted ►. 4 1 r Page 7 of 8 EXHIBIT A Page 59 of 60 Cook County Prevailing Wage for May 2013 crane trucks with hoist and accessories; Foreman; Master Mechanic; Self -loading equipment like P.B. and trucks with scoops on the front. Other Classifications of Work: For definitions of classifications not otherwise set out, the Department generally has on file such definitions which are available. If a task to be performed is not subject to one of the classifications of pay set out, the Department will upon being contacted state which neighboring county has such a classification and provide such rate, such rate being deemed to exist by reference in this document. If no neighboring county rate applies to the task, the Department shall undertake a special determination, such special determination being then deemed to have existed under this determination. If a project requires these, or any classification not listed, please contact IDOL at 217-782-1710 for wage rates or clarifications. LANDSCAPING Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver. The work performed by landscape plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by landscape operators (regardless of equipment used or its size) is covered by the classifications of operating engineer. The work performed by landscape truck drivers (regardless of size of truck driven) is covered by the classifications of truck driver. Page 8 of 8 EXHIBIT A Page 60 of 60 CITY OF DES PLAINES ILLIAtOIS I9osent Agepaaltems #5 & 5a City of Des Plaines Public Works and Engineering Department 1111 Joseph Schwab Road Des Plaines, IL 60016 Tel 847-3915464 Fax. 847-297-6801 MEMORANDUM Date: May 14, 2013 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From. Timothy Watkins, Superintendent of Utility Services Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works & Engineering Leg Subject: 2013 Multi -Space Pay Station Replacements _ Bid Award Issue: At the May 6, 2013 City Council Meeting, a single bid from total Parking Solutions was opened for the 2013 Multi -Space Pay Station Replacement Project. Analysis: this project will provide upgraded machines that will allow patrons to pay for commuter parking with a credit card, cash or city debit card. These new machines will also allow patrons to pay using their "smart phone" if they am running late and trying to catch their train. The pay -by phone option does charge the end user a convenience fee of $0.37. This option is becoming more popular and is available in Northbrook, Morton Grove and Glenview. Only one bid was received because the City's requirements for these machines are very specific. The upgrades and replacements must match our current system to maintain day-to-day operations. Total Parking Solutions is the regional supplier and repair facility for Cale America parking machines. Cale parking machines are used by approximately 85% of municipalities in the area. Below is a list of locations of replacements, upgraded pay stations and associated costs. LOCATION NUMBER OF UNITS SCOPE OF WORK COST Metropolitan Square Parking Garage 2 Replace both machines $26,300.00 Train Station -East end 1 Replace one machine $13,150.00 Across from City Hall 2 Replace one machine and add one additional machine $26,300.00 Cumberland Train Station 4 Upgrade hardware and software on all machines $9,100.00 All Locations 9 Annual cost for data modems $7,560.00 Total = $82,410.00 [he estimate of cost was $80,000. Page 1 of 21 Recommendation: We recommend awarding the bid for the 2013 Multi -Space Pay Station Replacements Project to Total Parking Solutions, 2721 Curtiss Street, Downers Grove, Illinois, 60515 in the amount of $82,410.00. Source of funding would be the TIF #1 -Equipment Fund ($66,850), TIF #1 -Miscellaneous Contractual Services ($4,200.00), Metra Leased Parking Equipment Fund ($8,000) and Metra Leased Parking -Miscellaneous Contractual Services ($3,360.00). Attachments Resolution Contract (Exhibit A) Page 2 of 21 CITY OF DES PLAINES RESOLUTION R - 98 - 13 A RESOLUTION APPROVING AN AGREEMENT WITH TOTAL PARKING SOLUTIONS FOR THE PURCHASE AND INSTALLATION OF MULTI -SPACE PAY STATION MACHINES WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City has appropriated funds for the purchase and installation of new pay station machines to replace the existing pay station machines at certain commuter parking lots in downtown Des Plaines, the upgrade of hardware and software on the four existing pay station machines at the Cumberland Train Station, and for related services (collectively, "Equipment") during the 2013 fiscal year; and WHEREAS, Pursuant to Chapter Ten of Title One of the City of Des Plaines City Code, City staff invited bids for the purchase and installation of the Equipment; and WHEREAS, the City received one proposal which was opened on May 6, 2013; and WHEREAS, Total Parking Solutions ("Vendor") submitted the lowest responsible bid in the not -to -exceed amount of $82,4l0; and WHEREAS, the City desires to enter into an agreement with Vendor for the purchase and installation of the Equipment in the not -to -exceed amount of $82,410 ("Agreement"); and WHEREAS, sufficient funds have been appropriated for the purchase of the Equipment from, and the installation of the Equipment by, Vendor; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Agreement with Vendor; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: APPROVAL OF AGREEMENT. The City Council hereby approves the Agreement in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. l Page 3 of 21 SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, the final Agreement only after receipt by the City Clerk of at least two executed copies of the Agreement from Vendor; provided, however, that if the City Clerk does not receive such executed copies of the Agreement from Vendor within 60 days after the date of adoption of this Resolution, then this authority to execute and seal the Agreement shall, at the option of the City Council, be null and void. SECTION 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 , 2013. APPROVED this day of , 2013. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel Legal Res\2OI3jDp-Reso:uuon Approving Purchase of Multi Space Pay Station from rota) Parking Solutions #23194944 JI Page 4 of 21 2013 Multi -Space Pay Stations Replacements and Upgrades CITY OF DES PLAINES ILLINOIS OWNER CITY OF DES PLAINES Prepared By CITY OF DES PLAINES PUBLIC WORKS AND ENGINEERING DEPARTMENT 1420 MINER STREET/NORTHWEST HIGHWAY DES PLAINES, ILLINOIS 60016 EXHIBIT A Page 5 of 21 CITY OF DES PLAINES REQUEST FOR CONTRACT PROPOSALS AND CONTRACT OWNER: City of Des Plaines 1420 Miner Street Des Plaines, Illinois 60016 Owner will receive sealed proposals for the Work generally described as follows. .70_13 Mulif-Space PwSfation Reolacements B Uioar'ades TO BE SUBMITTED TO' City of Des Plaines.1420 Miner Street. Des Plaines. Illinois 60016 Attention. City Clerk, before 10:00 A.M., Friday, Apn119.2013. INSTRUCTIONS TO BIDDERS Delivery of Proposals Each proposal shall be submitted in a sealed envelope dainty marked with the title of the contract and bidder's MI legal name and shall be addressed and delivered to the place and before the time set forth above. Contract proposals may be delivered by mail or in person. Contract proposals received after the time specified above will be returned unopened. QuwagALC_gnkalagigadIS Contract proposals will be publicly opened and read at the time and place specified above. Bidders, their authorized agents, and interested parties are invited to be present. Withdrawal of Contract Proposals No contract proposal shall be withdrawn for a period of 45 days after the opening of any proposal. Resection of Contract Proposals Contract proposals that are not submitted on the Contract form or that are not prepared in accordance with these Instructions to Bidders may be rejected 1f not rejected, Owner may demand correction of any deficiency and accept the deficiently prepared proposal upon compliance with these Instructions to Bidders. Acceptance of Contract Provos* Proposals submitted are offers only and the decision to accept or reject is a function of quality, reliability, capability, reputation. and expertise of the bidders. Owner may accept the proposal that is. In its judgment. the best and most favorable to the Interests of Owner and to the public, reject the tow price proposal accept any item of any proposal; reject any and alt proposals, or waive irregularities and informalities in any proposal submitted or in the request for proposal process. The waiver of any prior defect or infomiabty shell not be considered a waiver of any future or similar defect or informality. Bidders should not rely on, or anticipate. any waivers in submitting their contract proposals. On acceptance of the successful Bidder's contract proposal by Owner the successful Bidder's proposal, together with Owner's notification of acceptance. stab become the Contract fathe Wrn4( Pre -Bid Conference Every prospective bidder is required to attend a Pre -Bid Meeting scheduled for 10:00 A.M., Thursday April 11, 2013 at Des Plaines Public Works, 1111 Joseph Schwab Road. Des Plaines to review the scope of the Work and the project specifications. Failure to attend this mandatory meeting will disqualify the bidder. Insaecbon and Examination Each bidder shall, before submitting its contract proposal, carefully examine the Contract form attached to this Request. Each bidder also shall inspect in detail the Work Site descnbed in the Contract form and the surrounding area and shall familiarize itself with all conditions under which the Work is to be performed; with the obstacles, unusual conditions, or difficulties that may be encountered. whether or not referred to in the Contract; and with all other relevant matters concerning the Work Site and the surrounding area. including subsurface. underground, and other concealed conditions. The bidder whose contract proposal is accepted will be responsible for ail errois in its contract proposal. including those restAng from its failure or neglect to make a thorough examination and investigation of the Contract form or the conditions of the Work Site and the surrounding area Preparation of Contract Proaosale All contract proposals for the Work shall be made only on the Contract form attached to this Request for Proposals and shat be complete with a pnce for each and every item named in the Schedule of Prices section of the Contract form. A: contract proposals must be dated on Page (41 of the Contract farm and must be signed by an authorized official. All contact proposals shall be accompanied by a cashier's or certified check, or bid bond in form and from a surety satisfactory to Owner, in amount equal to at least 5 percent of the Total Contact Price named in the Schedule of Prices section of the Contract form. Proposals that contain omissions. erasures, alterations, or additions not called for, conditional or altemate bids unless called for, or that contain irregularities of any kind may be rejected CalitifffilliM Owner reserves e dadficetionscorrections or changes in this Request o Contract 'Proposals at any tone pnor to the time proposals are opened. All bidders or prospective bidders will be informed of said clarifications. corrections, or changes. If any prospective bidder has questions about this Request for Proposals urtact Timothy Watkins at 847-391-5464 between the 4. -:es of 7:110 A.M. and 3:30 P M EXHIBIT A DATED: April4, 2013 City of Deas By 11/' - Title Superintendent of Utilities Page 6 of 21 Full Name of Bidder Prindpal Office Address Local Office Address CITY OF DES PLAINES CONTRACT FOR _ 1 _1!/..':_ : K )_:.i( ;11 r. :!i acorn=. 11. _h.! .i:1!iii2._'._ TN.", 4. "kr iv. So y aN % „ h e . ("Bidder' ) S fY t, -s-) e C w4..�. L 442.4%r Sgvr,e Contact Person To wA 2r4...ses,cir‘ Telephone Number 6 -caw. /FS"( TO: City of Des Plaines ('Owner") 1420 Miner Street Des Plaines, Illinois 60016 Attention: City Clerk Bidder warrants and represents that Bidder has carefully examined the Work Site described below and its environs and has reviewed and understood all documents included, referred to, or mentioned in this bound set of documents, including Addenda Nos. I f none, write "NONE'?, which are securely stapled to the end of this Contract 1. Work Propose( A Contract and Work. If this Contract is accepted, Bidder proposes and agrees that Bidder shall, at its sole cost and expense, provide, perform, and complete, in the manner specified and described, and upon the terms and conditions set forth, in this Contract and Owner's written notification of acceptance in the form included in this bound set of documents, all of the following, all of which is herein referred to as the' Work': 1. Labor. Eauioment. Materials and Supplies. Provide, perform, and complete, in the manner specified and described in this Contract/Proposal, all necessary work, labor, services, transportation, equipment. materials, supplies, information, data, and other means and items necessary for the Furnish and Install 5 -Multi -Space Parking Terminals, furnish and install equipment and software upgrades for 4 -existing parking terminals at various commuter parking lots shown in attachment C; 2. Permits. Procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith 3. Bonds and insurance. Procure and fumish all bonds and all insurance certificates and policies of insurance specified in this Contract 4. Taxes, Pay all applicable federal, state, and local taxes; 5. Miscellanggus. Do all other things required of Bidder by this Contract and 6. Quality Provide, perform, and complete all of the foregoing in a proper and workmanlike manner, consistent with highest standards of professional and construction practices, in full compliance with, and as required by or pursuant, to this Contract, and with the greatest economy, effiaency, and expedition consistent therewith, with only new, undamaged, and first quality equipment, materials, and supplies. -1- EXHIBIT A B. Performance Standards. If this Contract is accepted, Bidder proposes and agrees that all Work shall be fully provided, performed, and completed in accordance with the specifications attached hereto and by this reference made a pant of this Contract No provision of any referenced standard, specification, manual or code shall change the duties and responsibilities of Owner or Bidder from those set forth in this Contract. Whenever any equipment, materials, or supplies are specified or described in this Contract by using the name or other identifying feature of a proprietary product or the name or other identifying feature of a particular manufacturer or vendor, the specific item mentioned shall be understood as establishing the type, function, and quality desired. Other manufacturers' or vendors' products may be accepted, provided that the products proposed are equivalent in substance and function to those named as determined by Owner in its sole and absolute discretion. C. Resoonsibillty for Damage or Loss. If this Contract is accepted, Bidder proposes and agrees that Bidder shall be responsible and liable for, and shall promptly and without charge to Owner repair or replace, damage done to, and any loss or injury suffered by, Owner, the Work, the Work Site, or other property or persons as a result of the Work. D. inspection/Testing/Rejection Owner shall have the right to inspect all or any part of the Work and to reject all or any part of the Work that is, in Owners judgment, defective or damaged or that in any way fails to conform strictly to the requirements of this Contract and Owner, without limiting its other rights or remedies, may require correction or replacement at Bidder's cost, perform or have performed all Work necessary to complete or correct all or any part of the Work that is defective, damaged, or nonconforming and charge Bidder with any excess cost incurred thereby, or cancel all or any part of any order or this Contract Work so rejected may be returned or held at Bidder's expense and risk 2. Contract Price Proposal If this Contract is accepted, Bidder proposes, and agrees, that Bidder shall take in full payment for all Work and other matters set forth under Section 1 above, including overhead and profit; taxes, contributions, and premiums; and compensation to all subcontractors and suppliers. the compensation set forth below. Page 7 of 21 A. Schedule of Prices. For providing, performing, and completing all Work, the sum of the products resulting from multiplying the actual number of acceptable units of Unit Price Items listed in the attached Schedule of Prices (Attachment B). B. Basis for Determining Prices. It is expressly understood and agreed that 1 All prices stated in the Schedule of Prices are firm and shalt not be subject to escalation or change; 2. Owner is not subject to state or local sales, use, and excise taxes, that no such taxes are included in the Schedule of Prices, and that a0 daim or right to claim any additional ccmpensation by reason of the payment of any such tax is hereby waived and released; and 3. All other applicable federal, state, and local taxes of every kind and nature applicable to the Work are induded in the Schedule of Prices; and 4. The approximate quantities set kWh in the Schedule of Prices for each Unit Price Item are Owner's estimate only, that Owner reserves the right to increase or decrease such quantities, that payment for each Unit Price item shall be made only on the actual number of acceptable units of such Unit Price ftem Installed complete in place in full compliance with this Contract/proposal, and that all claim or right to dispute or complain of any such estimated quantity, or to assert that there was any misunderstanding In regard to the nature or amount of any Unit Price item to be provided or perfonnect is hereby waived and released; and 5. Any items of Work not specifically listed or referred to in the Sckedtrle of Prices, or not specifically Included for payment under any Unit Price Item, shall be deemed Incidental to the Contract Price, shall not be measured for payment, and shall not be paid for separately except as Incidental to the Contract Price, Including without limitation extraordinary equipment repair, the cost of transportation, packing, cartage, and containers, the cost of preparing schedules and submittals, the cost or rental of small tools or buildings, the cost of utilities and sanitary conveniences, and any portion of the time of Bidder, its superintendents„ or its office and engineering staff. C. Time of Payment. It is expressly understood and agreed that all payments shall be made in accordance with the following schedule: Invoiced monthly for completed pay items less 10% retainage. All payments may be subject to deduction or setoff by reason of any failure of Bidder to perform under this Contract/Proposal Each payment shall include Bidder's certification of the value of, and partial or final waivers of Ilen covering, all Work for which payment Is then requested and Bidder's certification that all prior -2- payments have been properly applied to the payment or reimbursement of the costs with respect to which they were paid 3. Contract Time If this Contract is accepted, Bidder proposes and agrees that Bidder shall commence the Work within 10 days after Owner's acceptance of the Contract provided Bidder shall have furnished to Owner all bonds and all insurance certificates specified in this Contract (the 'Commencement Date'). If this Contract is accepted, Bidder proposes and agrees that Bidder shall perform the Work diligently and continuously and shall complete the Work within 75 days after the Commencement Date. 4. Financial Assurance A Bonds. If this Contract is accepted, Bidder proposes and agrees that Bidder shall provide a Performance Bond and a Labor and Material Payment Bond, on forms provided by, or otherwise acceptable to, Owner, from a surety company acceptable to Owner, each in the penal sum of the Contract Price, within 10 days after Owner's acceptance of this Contrail. B. Insurance. If this Contrail is accepted, Bidder proposes and agrees that Bidder shall provide certificates and policies of Insurance evidencing the minimum insurance coverage and limits set forth below within 10 days after Owner's acceptance of this Contract. Such insurance shall be in form, and from companies, acceptable to Owner and shall name Owner, including its Council members and elected and appointed officials, its officers, employees, agents, attorneys, consultants, and representatives, as an Additional Insured. The insurance coverage and limits set forth below shall be deemed to be minimum coverage and Omits and shall not be construed in any way as a limitation on Bidder's duty to cany adequate Insurance or on Bidder's liability for losses or damages under this Contract,. The minimum insurance coverage and limits that shall be maintained at all times while providing, performing, or completing the Work are as follows: 1. Workers' Comaansatimand Employees Liability Limits shall not be less than: Worker's Compensation: Statutory Employer's Liability. $500,000 each accident -injury, $500.000 each employee -disease; $500,000 disease - policy Such insurance shall evidence that coverage applies to the State of Illinois and provide a waiver of subrogation in favor of Owner. 2. Commercial Motor Vehide Liability Limits for vehicles owned, not be less than: $1,000,000 Bodily Injury Combined Single Limit non -owned or rented shall 3. Commercial General Liability and Property Damage EXHIBIT A Page 8 of 21 Limits shall not be less than: 51,000,000 Bodily Injury and Property Damage Combined Single Limit Coverage is to be written on an °occurrence" basis. Coverage to include: - Premises Operations - Products/Completed Operations - Independent Contractors - Personal Injury (with Employment Exclusion deleted) - Broad Form Property Damage Endorsement - "X," "C,' and "U" - Contractual Liability Contractual Liability coverage shall specifically indude the indemnification set forth below. 4. Umbrella Uability Limits shall not be less than: 52,000,000 Bodily Injury and Property Damage Combined Single Limit This Coverage shall apply in excess of the limits stated in 1, 2, and 3 above. C. indemnification. If this Contract is accepted, Bidder proposes and agrees that Bidder shall indemnify, save harmless, and defend Owner against all damages, liability, claims, losses, and expenses (induding attomeys' fees) that may arise, or be alleged to have arisen, out of or in connection with Bidder's performance of, or failure to perform, the Work or any part thereof, or any failure to meet the representations and warranties set forth In Section 6 of this Contract. D. Penalties. If this Contract is accepted, Bidder proposes and agrees that Bidder shall be solely liable for any fines or civil penalties that are imposed by any governmental or quasi -governmental agency or bodythat may arise, or be alleged to have arisen, out of r In connection with Bidder's performance of, or failure to perform, the Work or any part thereof. 5. J9rm Contract All prices and other terms stated In this Contract are firm and shall not be subject to withdrawal, escalation, or change provided Owner accepts this Contract within 45 days after the date the bidder's contract proposal is opened. 6. Bidder's Representations and Warranties To induce Owner to accept this Contract, Bidder hereby represents and warrants as follows: A The Work. The Work, and all of its components, (1) shall be of merchantable quality (2) shall be free from any latent or patent defects and flaws in workmanship, materials, and design; (3) shall strictly conform to the requirements of this Contract induding without limitation -3- the performance standards set forth in Section 1B of this Contract and (4) shall be fit, suffident, and suitable for the purposes expressed in, or reasonably inferred from, this Contract and the warranties expressed herein shall be in addition to any other warranties expressed or implied by law, which are hereby reserved unto Owner. if this Contract Is accepted Bidder proposes and agrees that as part of Bidder's warranty obligations under this Contract, shall provide, perform, and complete all post -installation service, maintenance, and Inspection Work as specified in the Specifications (Attachment A). Bidder, promptly and without charge, shall correct any failure to fulfill the above warranty at any time within two years after final payment or such longer period as may be prescribed In the performance standards set forth in Section 1B of this Contract or by law. The above warranty shall be extended automatically to cover all repaired and replacement parts and labor provided or performed under such warranty and Bidder's obligation to correct Wait shall be extended for a period of two years from the date of such repair or replacement. The time period established In this Section 6A relates only to the specific obligation of Bidder to correct Work and shall not be construed to establish a period of limitation with respect to other obligations that Bidder has under this Contrail. B. Compliance with Laws. The Work, and all of its components, shall be provided, performed, and completed In compliance with. and Bidder agrees to be bound by, all applicable federal, state, and local laws, orders, rules, and regulations, as they may be modified or amended from time to time, including without limitation the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 es sefC . and any other prevailing wage laws; any statutes requiring preference to laborers of specified Basses; the Illinois Steel Products Procurement Act, 30 ILCS 565/1 et sem.; any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited classification, and any statutes regarding safety or the performance of the Wok C. Prevailina Wage Act This Contract calls for the construction of a "public work," within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 at mita. (the "Act). A copy of Owner's ordnance ascertaining the prevailing rate of wages, in effect as of the date of this Contract, has been attached as an Appendix to this Contract If the Illinois Department of Labor revises the prevailing rate of hourly wages to be paid, the revised rate will apply to this Contract. Bidder and any subcontractors rendering services under this Contract must comply with all requirements of the Act. induding but not limited to, all wage, notice, and record-keeping duties and certified payrolls. D. Not Barred. Bidder is not barred by law from contracting with Owner or with any other unit of state or local government as a result of (1) a violation of either Section 33E-3 or Section 33E-4 of Article 33 of the Criminal Code of 1961, 720 ILCS 5/33E-1 It seq.; or (i) a violation of the USA Patriot Act of 2(101, 107 Public Law 56 (October 26, 2001) (the 'Patriot Act") or other statutes, orders, ides, and regulations of the United States government and its various executive departments, agencies and offices related to the subject matter of the Patriot Act, induding, but not limited to, Executive Order EXHIBIT A Page 9 of 21 13224 effective September 24, 2001. Bidder is not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by the United States Treasury Department as a Specially Designated National and Blocked Person, or for or on behalf of any person, group, entity or nation designated in Presidential Executive Order 13224 as a person who commits, threatens to commit, or supports terrorism; and Bidder Is not engaged In this transaction directly or indirectly on behalf of, or facilitating this transaction directly or indirectly on behalf of, any such person, group, entity or nation. E. Qualified. Bidder has the requisite experience (minimum of 5 years), ability, capital, facilities, plant, organization. and staff to enable Bidder to perform the Work successfully and promptly and to commence and complete the Work within the Contract Price and Contract Time set forth above. Bidder warrants and represents that it has met and will meet all required standards set forth in Owner's Responsible Bidder Ordinance M-66-11. 7. Acknowledgements In submitting this Contract, Bidder acknowledges and agrees that A Reliance. Owner is relying on aU warranties, representations, and statements made by Bidder in this Contract. B. Reservation of Rights. Owner reserves the right to reject any and all proposals, reserves the right to reject the low price proposal, and reserves such other rights as are set forth In the Instructions to Bidders. C. Acceptance. If this Contract is accepted, Bidder shall be bound by each and every term, condition, or provision contained in this Contract and in Owner's written notification of acceptance in the form Included in this bound set of documents. D Remedies. Each of the rights and remedies reserved to Owner in this Contract shall be cumulative and additional to any other or further remedies provided in law or equity or in this Contract. E I. Time is of the essence for this Contract and, except where stated otherwise, references in this Contract to days shall be construed to refer to calendar days. F No Waiver. No examination, inspection, investigation test, measurement, review detemrination, decision, -4- certificate, or approval by Owner, whether before or after Owner's acceptance of this Contract nor any information or data supplied by Owner, whether before or after Owner's acceptance of this Contract nor any order by Owner for the payment of money, nor any payment for, or use, possession, or acceptance of, the whole or any part of the Work by Owner, nor any extension of time granted by Owner, nor any delay by Owner in exercising any right under this Contract nor any other act or omission of Owner shall constitute or be deemed to be an acceptance of any defective, damaged, or nonconforming Work, nor operate to waive or otherwise diminish the effect of any representation or warranty made by Bidder, or of any requirement or provision of this Contract; or of any remedy, power, or right of Owner. G. Severability. The provisions of this Contract/ Proposal shall be interpreted when possible to sustain their legality and enforceability as a whole. In the event any provision of this Contract shall be held invalid, illegal, or unenforceable by a court of competent jurisdiction, in whole or in part, neither the validity of the remaining part of such provision, nor the validity of any other provisions of this Contract shalt be in any way affected thereby. H. Amendments. No modification, addition, deletion, revision, alteration, or other change to this Contract shall be effective unless and until such change is reduced to writing and executed and delivered by Owner and Bidder, except that Owner has the right, by written order executed by Owner, to make changes in the Work ("Change Order'). If any Change Order causes an increase or decrease in the amount of the Work, then an equitable adjustment In the Contract Price or Contract Time may be made. No decrease in the amount of the Work caused by any Change Order shall entitle Bidder to make any daim for damages, anticipated profits, or other compensation. I. Assicmment Neither this Contract, nor any interest herein, shall be assigned or subcontracted, in whole or in part, by Bidder except upon the prior written consent of Owner. J Governing Law. This Contract, and the rights of the parties under this Contract shall be interpreted according to the intemal laws, but not the conflict of law rules, of the State of Illinois. Every provision of law required by law to be Inserted Into this Contract/Proposal shall be deemed to be inserted herein. EXHIBIT A Page 10 of 21 Bidder's Status: (j4 _ . Corporation ( ) (State) (State) Partnership ( ) Individual Proprietor Bidder's Name: `to ` \Ia.J 114 \LiN ktvsz •-k...V‘ C. . Doing Business As (if different): Signature of Bidder or Authorized Agent (corporate seal) Printed Name: �[�w�c.`, Zce W qG k (if corporation) Tide/Position: 1Ire • Bidder's Business Address: i9:7 L ss Sf . o S G rrov 4. 3 L 6c54-1.1— Bidder's Business Telephone: 4:Xle - ctiN Facsimile: 6030 - a / / - /`x'8r If a corporation or partnership, list all officers or partners: //S6 Came/el 1-n. J •$ 3J -5- 1 EXHIBIT A Page 11 of 21 ACCEPTANCE The Contract attached hereto and by this reference incorporated herein and made a part hereof is hereby accepted by the order of the City of Des Plaines ("Owner") as of , 20 This Acceptance, together with the Contract attached hereto, constitutes the entire and only agreement between the parties relating to the accomplishment of the Work and the compensation therefor and supersedes and merges any other prior or contemporaneous discussions, agreements, or understandings, whether written or oral, and shall prevail over any contradictory or inconsistent terms or conditions contained in any purchase order, acceptance, acknowledgement, invoice, or other standard form used by the parties in the performance of the Contract. Any such contradictory or inconsistent terms or conditions shall be deemed objected to by Owner without further notice of objection and shall be of no effect nor in any circumstances binding upon Owner unless accepted by Owner in a written document plainly labeled "Amendment to Contract." Acceptance or rejection by Owner of any such contradictory or inconsistent terms or conditions shall not constitute acceptance of any other contradictory or inconsistent terms or conditions. CITY OF DES PLAINES Signature: Printed name: Michael G. Bartholomew Title: City Manager H EngmeermgWFonns and SpecssContracts and Spearuauona\Documents • Typical Conuuet HK ConuactslMaster Shan Form Contract docx -6- EXHIBIT A Page 12 of 21 2013 MULE -SPACE PAY STATION REPLACEMENTS INDEX OF SPECIAL PROVISIONS The following Index is provided for the Bidder's convenience only. Bidders are advised to thoroughly read each Special Provision and familiarize themselves with their content. PAGE NUMBER DESCRIPTION SP -1 REMOVAL AND DISPOSAL OF CONSTRUCTION DEBRIS SP -2 to SP -5 MULTI -SPACE PAY STATION INSTALLED SP -5 MULTI -SPACE PAY STATION UPGRADED ATTACHMENT A -INDEX -I EXHIBIT A Page 13 of 21 2013 MULTI -SPACE PAY STATION REPLACEMENTS SPECIAL PROVISIONS The following Special Provisions supplement the Specifications, and in case of conflict with any part or parts of said Specifications, these Special Provisions shall take precedence and shall govern. REMOVAL AND DISPOSAL OF CONSTRUCTION DEBRIS Description. This work consists of the removal, disposal and documentation of Surplus, Unstable and Unsuitable Materials and Organic Waste in compliance with the requirements of Article 202.03 of the Standard Specifications for Road and Bridge Construction, State of Illinois Public Act 90-761 and as herein modified. Requirements. The following requirements supplement Article 202.03 of the SSRB. Unless otherwise provided for in the contract, the Contractor shall not place any broken concrete, bricks, rock, stone, reclaimed asphalt or any type of debris within the improvement without first obtaining the expressed written permission of the Engineer. The Contractor shall not dispose of any type of excavated material or debris within the corporate limits of the City of Des Plaines without first obtaining a permit to do so from the City that meets the approval of the Engineer. The Contractor shall not conduct any generation, transportation, recycling of construction or demolition debris, clean, general or uncontaminated soil generated during construction, remodeling, repair and demolition of utilities, structures and roads that is not commingled with any waste, without the maintenance of documentation identifying the hauler, generator, place of origin of the debris or soil, the weight or volume of the debris or soil, and the location, owner and operator of the facility where the debris or soil was transferred, disposed of, recycled or treated. It is the responsibility of the Contractor to generate this documentation and to maintain it for a period of 3 years from the date of the completion of the contract. Records generated and maintained by the Engineer do not qualify for compliance with this requirement. Method of Measurement/Basis of Payment. Generation and maintenance of the documentation specified herein is not measured or paid for but is considered INCIDENTAL to the cost of the contract. ATTACHMENT A -SP -1 EXHIBIT A Page 14 of 21 2013 MULTI -SPACE PAY STATION REPLACEMENTS MULTI -SPACE PAY STATION INSTALLED Description. This work consists of furnishing labor, material and equipment to install complete multi -space pay stations, also known as "parking terminals", in compliance the manufacturer's recommendations and as herein specified. Qualifications. The Installer shall have five references for current generation parking terminals preferably in similar climates, serving in similar situation, including contact names, telephone numbers, and e-mail addresses, in similar applications. Submittals. The Contractor shall submit to the Engineer for review and approval, a minimum of three (3) working days prior to starting work, all information necessary to satisfy the Product Data and Installer requirements. Multi -Space Parking Terminal Equipment. Proposed equipment must meet the following criteria. Parking fare terminals will be of an all stainless steel construction and will have an operating temperature of —31° F to 140° F and operate in a relative humidity of 95%. AC powered terminals provided must be fitted with a minimum 400 watt heater for winter operation. Heater must have a static thermostat to allow automatic heater operation and shall be mounted in lower area of unit to allow for maximum heat distribution. Terminals must provide for permanent software configuration at the terminal to include tariff structures, rates and display information. Data storage at the terminal will be a minimum of 512 KB static ram, transaction storage of up to 16 MB and have a transaction backup of a minimum of 5,000 latest transactions. Terminals shall allow for the ability for programming changes at the terminal without any need for any separate software or device. Terminals shall have a minimum four line display screen that shall provide instructions and rate information to the user and programming information to City staff. Display shall be mounted behind clear vandal -resistant material for protection from vandalism and weather. Terminals shall have a numeric keypad for parking space entry and be of vandal resistant material. An alpha/numeric shall be available as an option. Keypad shall be a sealed electro type that emits an audible tone on contact. Terminals will provide a thermoelectric printer with a mechanical low paper sensor and support ticket rolls with a ticket capacity minimum of 4,500 receipts. Receipt printer shall have a "take ticket" sensor. ATTACHMENT A -SP -2 EXHIBIT A Page 15 of 21 2013 MULTI -SPACE PAY STATION REPI ACEMENTS Terminals shall be equipped with a non -ingestible card reader for debit/credit card payment. The reader will be a duel technology reader capable of accepting either magnetic stripe cards or chip "smart" cards. Any and all transactions, whether coin, credit card, or bill, shall take no longer than 30 seconds. Terminals will include a modem for wireless GSM or GRSM communication to the Central Management System. The modem transmission type provided must be proven and shown to provide a dependable, working signal at each location. The multi -space terminal must provide for up to four multiple languages and be selectable on the terminal face. Terminal shall have over -fill protection warning/alarm for coins and bills. Terminals shall have secured steel collection canisters for both coins and bills. Vault areas will not be accessible from the maintenance area of the terminal. Maintenance and vault areas will be keyed differently. Terminal coin selector will allow for 15 different coins to be used in the terminal. The terminal must provide an overfill protection warning for both coin and bill vaults. Coin slot shall be a unique mechanical shutter type with an inductive loop to prevent foreign objects from being inserted into the coin slot. The note/bill acceptor, if being utilized, will allow for a minimum of 6 different bill denominations and allow for 1,000 note capacity. The note acceptor unit will be a "stacker" type acceptor capable of bill verification within 8/l0ths of a second. Terminals shall have the ability to operate as Pay and Display, Pay by Space, and Pay by Plate if desired. Vendor shall be willing and able to integrate their back office system with other parking entities such as IVR technology, single space credit card meters, and pay by phone/app (i.e., [phone, Droid) as dictated by the City. It is preferable that a pay by phone/app integration already be in place. If so, the name and background of pay by phone provider must be submitted including explanations for any extra fees that may apply to both the City and the user. A minimum of five references shall be given for this provider, including names and contact information. Central Management System. The Central Management System (CMS) will allow for supervision of all maintenance, statistical and financial data from any internet accessible computer. The CMS will allow for rate change, ATTACHMENT A -SP -3 EXHIBIT A Page 16 of 21 2013 MULTI -SPACE PAY STATION REPLACEMENTS ticket layout, time intervals and text display changes to be made from a remote location. The CMS must allow for various security levels and these levels shall be password protected. The CMS shall allow for real time credit card payment at the terminals. CMS credit card security platform shall be level One PCI compliant. Certification must be submitted with the bid documents. The system shall have the ability to buffer credit card transaction data if cellular communication is interrupted and will automatically transmit all transaction data to the server for processing once communication is restored. Credit card processing set up shall be coordinated by the vendor with the City, its financial institution, and its designated processor. The CMS shall allow access to all information including maintenance, statistical, financial, and enforcement data from any intemet accessible computer or device. The CMS shall allow for the ability to remotely modify rates, receipt layout, time intervals, and display messages. Access to the CMS shall be provided through multiple security levels which shall be password protected. The password shall allow admission by designated City staff to areas of CMS portals as allowed and assigned by the City. CMS shall have the ability to send real time alarms to designated City staff for issues related but not limited to coins, bills, receipt paper, collections, power, security, and data storage. All alarms shall be transmitted through e-mail and/or text messaging. CMS reporting features shall allow for conversion within the CMS of data retrieved to formats of pie charts and bar graphs. All data shall also be exportable to MS Excel allowing for customization as desired by the City staff. CMS data retrieval shall have unlimited date search parameters available as early as the inception of each terminal to present. CMS costs must include all mandatory CMS module (reporting, alarms, credit card processing, pay by phone) as a total annual fee per terminal. Any one time start up fees, transaction fees, air time fees, or any fees other than an all encompassing monthly and annual fee per terminal must be clearly defined by an explanation to their application. Installation. Pay Stations must be installed into concrete utilizing concrete anchors that meet or exceed the manufactures recommendation. The City will provide 110V power within 10' of installation. The Installer must connect and terminate at each pay station. Service and Maintenance. The company providing support shall be local or within 50 miles of the City limits. The address, phone number, and contact information for this company shall be provided. The City may conduct a site visit to the office of this company with one week lead time given prior to the visit. Visit will insure that the service company stocks an ample supply of repair parts and displays an atmosphere and expertise that will support the City's interests. ATTACHMENT A -SP -4 EXHIBIT A Page 17 of 21 2013 MULTI -SPACE PAY STATION REPLACEMENTS Training for the machine hardware, machine operation, and the Central Management System shall be provided to City staff at no additional charge. A minimum of one full business day shall be required. Basis of Payment. This work will be paid for at the contract unit price per MULTI -SPACE PAY STATION INSTALLED. MULTI -SPACE PAY STATION UPGRADED Description. This work consists of furnishing labor, material and equipment to install complete upgrades as specified for existing Cale multi -space pay stations, also known as "parking terminals", in compliance the manufacturer's recommendations and as herein specified. Upgrades will allow patrons to use credit cards, debit cards and pay -by -phone options. Qualifications. The Installer shall have five references for current generation parking terminals preferably in similar climates, serving in similar situation, including contact names, telephone numbers, and e-mail addresses, in similar applications. Installer must be an authorized and trained Cale distributing partner. Submittals. The Contractor shall submit to the Engineer for review and approval, a minimum of three (3) working days prior to starting work, all information necessary to satisfy the Product Data and Installer requirements. Multi -Space Parking Terminal Equipment Upgrades. Installer must use equipment compatible with and approved by Cale America. Terminals will include a modem for wireless communication to the Cale's Weboffice. Installer must use 30 modems capable of communicating through the AT&T cellular network to communicate with Cale's Weboffice. The modem transmission type provided must be proven and shown to provide a dependable, working signal at each location. Terminals shall have a minimum four line display screen that shall provide instructions and rate information to the user and programming information to City staff. Display shall be mounted behind clear vandal -resistant material for protection from vandalism and weather. Basis of Payment. This work will be paid for at the contract unit price per MULTI -SPACE PAY STATION UPGRADED. ATTACHMENT A -SP -5 EXHIBIT A Page 18 of 21 2013 MULTI -SPACE PAY STATIONS SCHEDULE OF PRICES ITEM # PAY ITEM 1 MULTI -SPACE PAY STATION INSTALLED 3 MI1 TI -SPACE P 4Y STATION UPGRADED 1 RECURRING MONTHLY FEES PER PAY STATION 4 ANY ADDITIONAL FEES SPECIFIC TO SERVICE 141 EXHIBIT A ATTACHMENT B UNIT EACH EACH EACH EACH VSo cc°O:kowa.. TOTAL UNIT COST TOTAL COST TOTAL; 13S4• $I 7So - 4 22 7s- et /do` 9 rad • 7esce). At, oval p y by Pig tF&nsCtC*1 t Total Bid ta, 4/0 4. ry y ?'- ¥-.1 Zs P°" i -d 6y li,'y Page 19 of 21 'HIRT' SHEET 1 OF 2 PAY STATION LOCATIONS • 2'4 a. i • r y Z. 0 (0 < W I -- z(1) a N W V W O na W o LL (ii) O O LlE I-- � W. VCe Y g0 S u cP! Sae Page 20 of 21 EXHIBIT A SHEET 2 OF 2 PAY STATION LOCATIONS c i v U H z w E 0 g H H 4 Page 21 of 21 Consent Agenda Items #6 & 6a f 11 ► City of Des Plaines j10M"� Fire Department 405 So. River Road Des Plaines, IL 60016 Tel: 847-391-5333 beirc Fax: 847-391-5649 MEMORANDUM Date: May 23, 2013 To: Michael Bartholomew, City Manager From: Alan Wax, Fire Chief a GJ Re: Annual Purchase of Replacement Firefighting Gear Issue: The Fire Department has the amount of $37,400 budgeted toward the annual replacement of firefighter turnout clothing. This money is allocated in the Fire Department Equipment Replacement Fund. Analysis: Of course, the safety of the firefighters is one of the Fire Department's, and City's, highest priorities. Firefighting (turn -out) clothing must be replaced on a regular schedule based on the manufacturer's recommendation, and due to age, damage that is beyond repair, and deterioration of fabric. The Department continues to monitor changes in the gear market, and in late 2010, a newer fabric design called "Omni Vantage" was incorporated into the Department's gear specification. The new fabric improves durability, as well as increases the wicking ability of the garment, which improves firefighter comfort and performance. The upgrade was incorporated into gear manufactured by a company named "Morning Pride," which is a division of Honeywell First Responder Products. The Department is extremely pleased with the design and performance of the current gear, and the firefighters are very comfortable and confident with it, as well. In order to avoid large periodic spikes in expenditures to replace all of the Department's gear at the same time every few years, the Department replaces several sets of gear each year so that each firefighter's gear is replaced as required based on the manufacturer's recommendations and need, but the annual expenditure remains relatively steady from year to year. In 2011, following the above -identified gear design upgrade, the Department obtained competitive prices for a provider of the new gear for the annual replacement program. W.S. Darley was selected at that time based on their ability to provide the specified gear at the lowest cost. The Department anticipates going to bid again within the next year or two, but recently sought quotes on the Morning Pride gear under the previous specification to assure that the current pricing from W.S. Darley was still the lowest. Three quotes were sought from vendors in the metropolitan area so that they were in close proximity to Des Plaines, as each set of gear must be custom -fitted, and serviced with minimum down-time when repairs are needed. The results of the recent quotes were as follows: Page 1 of 4 Vendor Cost per Set of Gear (Coat & Pants) W.S. Darley, Itasca $2,320 Fireground Supply, West Chicago $2,800 Air One, South Elgin $2,915 Recommendation: Staff recommends that, in the best interest of the City, usual bid procedures be waived and the City accept the quote of $2,320 per set of turn -out gear, plus shipping, for the purchase of sixteen (16) sets of replacement turnout gear for 2013 from the W.S. Darley Company, 325 Spring Lake Drive, Itasca, IL. Please place this item on the Consent Agenda of the June 3, 2013 City Council meeting. Attachments: Resolution Page 2 of 4 1 i CITY OF DES PLAINES RESOLUTION R - 99 - 13 A RESOLUTION APPROVING THE PURCHASE OF FIREFIGHTING TURN -OUT GEAR FROM W.S. DARLEY COMPANY 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 $37,400 for the purchase of sixteen sets of replacement firefighting turn -out gear ("Equipment") for use by the Fire Department during the 2013 fiscal year; and WHEREAS, the City sought competitive quotes from qualified vendors for the purchase of the Equipment, and W.S. Darley Company ("Vendor") submitted the lowest responsible quote for the Equipment in the amount of $2,320 per set of firefighting turn -out gear and in the not -to -exceed amount of $37,120 for the Equipment; and WHEREAS, in accordance with Section 1-10-14 of the City Code of the City of Des Plaines, City staff has determined that the purchase of the Equipment is not adapted to award by competitive bidding; and WHEREAS, sufficient funds have been appropriated to purchase the Equipment from Vendor; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: WAIVER OF COMPETITIVE BIDDING. The requirement that competitive bids be solicited for the purchase of the Equipment is hereby waived. SECTION 3: APPROVAL OF PURCHASE. The City Council hereby approves the purchase by the City of the Equipment from Vendor in a total not -to -exceed amount of $37,120. SECTION 4: AUTHORIZATION_OF PURCHASE. The City Manager and the City Clerk are hereby authorized and directed to execute and seal such documents approved by the General Counsel, and the City Manager is authorized to make such payments, on behalf of the City, as are necessary to complete the purchase of the Equipment from the Vendor in a total not - to -exceed amount of $37,120. 1 Page 3 of 4 SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2013. APPROVED this day of , 2013. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel LegallRes\20l3\DP-Resolution Approving Purchase of Replacement Firefighting Gear from WS Darley Company #23205551.. v2 2 Page 4 of 4 COMMITTEE OF THE WHOLE PACKET DES PLAINES IWN015 Committee of the Whole Item #la City of Des Plaines Finance Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5325 Fax: 847-391-5402 Date: 5/23/2013 To: Michael Bartholomew, City Manager CC: Mayor, City Council, City Clerk, General Counsel, Department Directors From: Dorothy Wisniewski, Director of Finance Subj: Resolution R-100-13 June 3, 2013 Warrant Register I recommend that the above-mentioned Warrant Register be approved in the amount shown below Warrant Register... $3,949,022.00 W/wj Page 1 of 22 CITY OF DES PLAINES RESOLUTION R-100-13 Be it resolved by the City Council of the City of Des Plaines that the following bills are due and payable and that the Mayor and City Clerk be and are hereby authorized to make payment for same. June 3, 2013 Page 2 of 22 FS- ig7:4 me pl AINSS Warrant Register 06/03/2013 Org Account ri=1.1111..........1.1/Pm1M voice ., Invoice Desc Amount Fund: 100 - General Fund 00 4160 Real Estate Transfer Tax 3743 Patterson, Lisa Refund 05/20/13 Refund of Real Estate Transfer Tax 640.00 00 4400 Building Permits 2613 Hersh, Mary A 13040232 Permit Fee Refund 75.00 00 4400 Building Permits 3687 Tsalapatanis, Peter & Jennifer 05060365 Permit Fee Refund 1,200.00 00 4849 Miscellaneous Revenues 3742 Gonzalez, Vicki M Refund 05/17/201 Refund of Overpayment on Real Estate Transfer Stamp 9.42 Total 00 - Non Departmental 38312 1,924.42 Elected Office 10 5310 Membership Dues 1503 Rotary Club of Des Plaines 3191 1st Qtr 2013 Membership Dues 294.50 10 6000 Professional Services 1016 Alfred G Ronan LTD May 2013 Lobbyist Services - May 2013 5,000.00 10 6000 Professional Services 2086 Govemment Consulting Services of IL LLC 121-0513 Lobbyist Services - May 2013 1,000.00 10 6000 Professional Services 2498 McGuireWoods Consulting LLC 91550556 Lobbyist Services - April 2013 1,600.00 10 6110 Printing Services 1017 Alphagraphics 38312 Liquor Warning Signs 125.66 10 6110 Printing Services 1119 Chicago Office Technology Group 215462 Copy Charges 4/01/2013 - 5/01/2013 76.11 10 6110 Printing Services 3618 Canon Solutions America Inc 121842 Copier Maintenance Contract 4/1/2013-5/1/2013 362.10 10 6110 Printing Services 3618 Canon Solutions America Inc 4009568683 Copier Maintenance Contract 4/1/2013-5/1/2013 219.00 10 7000 Office Supplies 1389 Garvey's Office Products PINV595508 Copy Paper, Labels, Tape, Rubber Bands 136.61 10 7200 Other Supplies 1046 Hinckley Spring Water Co 2533573 042713 ' Water Supply 04/25/2013 45.46 10 7550 Miscellaneous Expenses 2031 Rebel's Trophies Inc 71878 Plaques for Mayor and Alderman 216.20 Total 10 - Elected Office 9,075.64 City Administration 20 5325 Training 1546 IPELRA Event 06/06/2013 IPELRA - Training 06/06/13 55.00 20 5340 Pre -Employment Exams 1015 Alexian Brothers Corporate Health Svcs 480703 Temp Pre -Employment Screenings 04/29-04/30/2013 225.00 20 5340 Pre -Employment Exams 1015 Alexian Brothers Corporate Health Svcs 480704 Seasonal Pre -Employment Screenings 04-30-2013 75.00 20 5340 Pre -Employment Exams 1015 Alexian Brothers Corporate Health Svcs 477147 Pre -Employment Screenings & Random Testing 03/07 03/13/2013 287.00 20 5340 Pre -Employment Exams 1320 IL State Police April 2013 City Background Check Services April 2013 472.50 20 6000 Professional Services 2991 Nielsen, Daniel 05-03-2013 Professional Services for May 2013 600.00 20 6005 Legal Fees 1073 Bartel, Raymond 13-10 Legal Services for May 2013 2,380.00 20 6005 Legal Fees 1084 Ance, Glink, Diamond, Bush et al 34274 Legal Services for April 2013 17,937.50 20 6005 Legal Fees 1127 Clark Baird Smith LLP 3304 Legal Services for April 2013 1,370.00 20 6005 Legal Fees 1186 Schain Burney Banks & Kenny 15130 Legal Services for April 2013 1,575.00 Page 3 of 22 Warrant Register 06/03/2013 Or; Account Vendor Invoice Desc Amount. 20 6010 Legal Fees - Labor & Employment 1127 Clark Baird Smith LLP 3305 Legal Services for March 2013 6,810.00 20 6015 Communication Services 1201 Sprint 655730511-135 Cell Phone Service 04/02- 05/01/2013 607.08 20 6100 Publication of Notices 1069 Paddock Publications Inc 64311501 Ad - Chamber of Commerce Directory 05/09/2013 652.00 20 6110 Printing Services 1106 Chromatech 102880 Printing Summer Digest 2013 4,391.00 20 6195 Miscellaneous Contractual Services 3446 Graves, Patrick W 05/06/2013 Filmed City Council Meeting 05/06/2013 40,00 20 6195 Miscellaneous Contractual Services 3703 Johnson, Mitchell 05/06/2013 Filmed City Council Meeting 05/06/2013 52.50 20 6195 Miscellaneous Contractual Services 1620 CivicPlus 133676 Year 3 of 3 Website Setup/Design Fee Jun 2013 -May 2014 10,929.00 20 6195 Miscellaneous Contractual Services 1620 CivicPlus 133677 Annual Fee for Website Maint & Hosting Jun 2013 -May 2014 4,766.00 20 6195 Miscellaneous Contractual Services 1630 Bach, Amanda 05/06/2013 Filmed City Council Meeting 05/06/2013 78.75 20 6300 R&M Software 1322 Insight Public Sector 1100311844 Netmotion Maintenance Contract from 10/22/2012- 10/21/2013 3,600.00 20 6305 R&M Equipment 1505 Clifford -Wald & Co IN00077436 KIPP Maintenance Contract 4/17/2013 - 7/16/2013 205.00 20 6305 R&M Equipment 2933 SMS Systems Maintenance Services Inc 0000502960 Server Maintenance May 2013 462.00 20 6535 Subsidy - Youth Commission 3706 Brown, Darren Reimb 05/04/2013 Reimbursement for Youth Commission event 5/4/13 89.01 20 6535 Subsidy - Youth Commission 3707 Newford, Pam Reimb 05/04/2013 Reimbursement for Youth Commission event 5/4/13 34.93 20 6550 Subsidy - Senior Citizen Cab Service 1007 303 Taxi 20218 Subsidized Taxi Cab Program - April 2013 258.00 20 6550 Subsidy - Senior Citizen Cab Service 2200 Rosemont Elite Taxi Dispatch 2209 Taxi Cab Subsidy-March/April 2013 6.00 20 6550 Subsidy - Senior Citizen Cab Service 2378 Horizon Taxicab Dispatch 101 Taxi Cab Subsidy -April 2013 24.00 20 6550 Subsidy - Senior Citizen Cab Service 3344 Taxi One of Des Plaines Inc April 2013 Taxi Cab Subsidy -April 2013 48 00 20 7000 Office Supplies 1220 Runco Office Supply 542966-0 Labels - Metalic For Elected Official Photographs 9.73 20 7005 Printer Supplies 1820 Datasource, Ink 9645 Toner Cartridges for Various Printers 1,274.00 20 7035 Supplies - Equipment R&M 1026 CDW Govemment Inc 6842795 Computer Equipment (Pads (2) & Backup Battery 1,263.98 20 7200 Other Supplies 1046 Hinckley Spring Water Co 2534649 042713 Water Supply 04/25/2013 41.16 20 7200 Other Supplies 1046 Hinckley Spring Water Co 2566782 042713 Water Supply 04/27/2013 31.97 20 7320 Equipment < $5,000 1201 Sprint 655730511-135 CeII Phone Service 04/02- 05/01/2013 19.99 Page 4 of 22 Invoice Warrant Register 06/03/2013 Invoice Desc Amount 20 7550 Miscellaneous 3741 Shenkus, Richard J 1-2013 Cancellation Fee 398.80 551.25 30 Expenses Professional Services 1101 Capital Gains Inc Reimbursement Investment Mgmt Services Apr- Jun 2013 20 8005 Computer Hardware 2664 Speedlink 708089 Barracuda Email Archiver 450 with 1 year Energize Updates 9,989.00 Total 20 - City Administration 30 71,058.90 Finance 30 5010 Temporary Wages 3744 CFS Services Incorporated 11318605 Temporary Employment Services Week of 05/12/2013 551.25 30 6000 Professional Services 1101 Capital Gains Inc 2013 Investment Mgmt Services Apr- Jun 2013 1,784.00 30 7000 Office Supplies 1066 Office Depot 654912696001 Copy Paper, File Folders & Batteries 109.78 30 7000 Office Supplies 1066 Office Depot 654912634001 Thermal Paper 7.62 30 8010 Furniture & Fixtures 1220 Runco Office Supply C 541029-0 Credit for Retumed Chair (369.00) 30 8010 Furniture & Fixtures 1220 Runco Office Supply 542344-0 Office Chair 429.00 Total 30 - Finance 7000 2,512.65 Community Development 40 6000 Professional Services 3309 Elevator Inspection Services Inc 40308 Elevator Inspection Services April 18-19, 2013 261.00 40 6100 Publication of Notices 1050 Journal & Topics 154252 CDBG Notice 04/26/2013 478.06 40 6100 Publication of Notices 1069 Paddock Publications Inc T4337612 Legal Notice 4/27/2013 83.70 40 6110 Printing Services 1590 P & R Graphics 8213 Garbage Notice Door Hangers 340.00 40 7000 Office Supplies 1066 Office Depot 655868280001 Copy Paper, Folders, Post It, Batteries, Pens 96.99 40 7000 Office Supplies 1066 Office Depot 655868280001 Copy Paper, Folders, Post It, Batteries, Pens 97.00 40 7000 Office Supplies 2016 Sign A Rama 29408 Name Plate 19.56 40 7200 Other Supplies 1046 Hinckley Spring Water Co 11174875 042713 Water Supply 4/25/2013 27.60 Total 40 - Community Development 1,403.91 Public Works & Engineering 50 5325 Training 1252 NIPSTA 10780 Training 04/16/13 100.00 50 6015 Communication Services 1201 Sprint 655730511-135 Cell Phone Service 04/02- 05/01/2013 40.24 50 6040 Waste Hauling & Debris Remova 1021 Arc Disposal -Republic Svc #551 0551-010144299 Waste Hauling and Debris Removal 2013 •April 7,408.12 50 6040 Waste Hauling & Debris Remova, 1021 Arc Disposal -Republic Svc #551 0551-010144314 Debris Removal from Frisbie Center -May 2013 136.03 50 6040 Waste Hauling & Debris Remova, 1021 Arc Disposal -Republic Svc #551 0551-010137209 Refuse Disposal -Flood 04/22- 05/04/2013 45,485.86 50 6040 Waste Hauling & Debris Remova 1021 Arc Disposal -Republic Svc #551 0551-010137055 Refuse Disposal Flood 04/24- 04/30/2013 8,054.77 50 6040 Waste Hauling & Debris Removal 1021 Arc Disposal -Republic Svc #551 0000001453 Refuse Disposal Flood 04/24- 04/30/13 36,035.61 Page 5 of 22 11 !)FS PI IIINcg Warrant Register 06/03/2013 Or: Account Vendor.. 022573067 Invoice Desc Uniform Cleaning & Rental for 5/6/2013 Amount 68.48 50 6135 Rentals - Uniforms 1029 Cintas #22 50 6170 Tree Maintenance 1176 Trees "R" Us Inc 14398 Ash Tree Removal Program Route 21-69 20,423.60 50 6195 Miscellaneous Contractual Services 1029 Cintas 1122 022573067 Uniform Cleaning & Rental for 5/6/2013 92.23 50 6195 Miscellaneous Contractual Services 2350 Anderson Elevator Co 132915 2013 Elevator Maintenance- May 1,195.00 50 6195 Miscellaneous Contractual Services 3726 LMS Restoration 10659-6901 Emerg Sta 1 Restoration/Disinfection/ Repairs Due To Flood Damage 04/22/2013 24,691.67 50 6195 Miscellaneous Contractual Services 1559 Continental Weather Svc 12984 Weather Forecasting - May 150.00 50 6195 Miscellaneous Contractual Services 1197 Snow Systems 10-052121 2013 Contractual Snow Plowing- 2/8/13 1,900.68 50 6195 Miscellaneous Contractual Services 1197 Snow Systems 10-052189 2013 Contractual Snow Plowing- 2/22/13 1,397.90 50 6195 Miscellaneous Contractual Services 1311 Hill/Ahern Fire Protection LLC 15918 Fire Sprinkler Inspections at City Owned Facilities for 2013 2,062.50 50 6195 Miscellaneous Contractual Services 1107 Ayres Associates 149313 2013 GIS Mapping 11/04/2012- 04/27/2013 10,359.75 50 6315 City Hall 1018 Anderson Lock Company LTD 7038987 Re -Keying Services in City Hall 224.00 50 6315 City Hall 1025 Bedco Inc 18440 Replace Thermostat on 3rd Floor 4/29/13 355.70 50 6315 City Hall 1025 Bedco Inc 18448 2013 HVAC Maintenance Contract -June 600.00 50 6315 City Hall 1025 Bedco Inc 18460 HVAC Start Up 5/6/13 960.00 50 6315 City Hall 1025 Bedco Inc 18461 Replace TXV Valve on East Chiller 5/7/13 2,749.40 50 6315 Public Works 1019 Anderson Pest Solutions 2502573 Pest Control May 2013 56.50 50 6315 Fire Station #1 2817 Reliance Plumbing Sewer & Drainage Inc 433124 Floor Drain Cleaning at Fire Station #1 201.00 50 6315 Fire Station #3 1237 Pro Line Door Systems nc 67469 Repair Rear Door at Fire Station #3 327.67 50 6315 Fire Station #3 1525 Hastings Air -Energy Control 146744 Service Call to Repair Torn Flex Hose 4/16/13 139.95 50 7000 Office Supplies 1066 Office Depot 655618886001 Copy Paper 99.04 50 7000 Office Supplies 1644 Warehouse Direct 1936598-0 Calculator and Copy Paper 05/06/2013 149.52 50 7025 Supplies - Custodial 1550 Addison Building Material Co 741676 Window Washing Supplies 56.98 50 7030 Supplies - Tools & Hardware 1013 Ace Des Plaines Inc 228378 Self Drilling Screws 11.76 Page 6 of 22 Pt Aj*i Warrant Register 06/03/2013 Org Account Vendor Invoice 15349 Invoice Desc Ratchet Set Amount 30.96 50 7030 Supplies - Tools & Hardware 1057 Menards 50 7035 Supplies - Equipment R&M 1013 Ace Des Plaines Inc 228312 Misc Supplies for #225 7.23 50 7035 Supplies - Equipment R&M 1054 Lee Auto Parts 408-760919 Brake Lathe 24.68 50 7035 Supplies - Equipment R&M 1054 Lee Auto Parts 408-761083 Sweeper Parts 84.50 50 7035 Supplies - Equipment R&M 1054 Lee Auto Parts 408-761571 Fuel Filter for #12A 23.33 50 7035 Supplies - Equipment R&M 1054 Lee Auto Parts 408-762539 Air Filters for #12A 118.31 50 7035 Supplies - Equipment R&M 2168 Petroleum Technologies Equipment 12429 Fuel Dispenser Parts 285.00 50 7035 Supplies - Equipment R&M 2170 Tennant Sales & Service Co 911624053 Blades, Filters, Seals 2,162.78 50 7035 Supplies - Equipment R&M 2202 TransChicago Truck Group 1334867 Misc Supplies for Truck #225 27.46 50 7035 Supplies - Equipment R&M 1670 Arlington Power Equipment Inc 550813 Fuel Filter & Tube, Air Cleaner 21.36 50 7035 Supplies - Equipment R&M 1054 Lee Auto Parts 408-762551 Oil Filter for #12A 17.51 50 7040 Supplies - Vehicle R&M 1013 Ace Des Plaines Inc 228051 Auto Parts (Fasteners) 2.97 50 7040 Supplies - Vehicle R&M 1045 Havey Communications 2257 Auto Parts 260.90 50 7040 Supplies - Vehicle R&M 1053 Kimball Midwest 2950933 Auto Parts 305.28 50 7040 Supplies - Vehicle R&M 1053 Kimball Midwest 2950395 Auto Parts 377.70 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-762945 Auto Parts (48.00) 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-761186 Auto Parts 128.39 50 7040 Supplies - Vehicle R&M 1677 Wholesale Direct Inc 000199801 Auto Parts 221.14 50 7040 Supplies - Vehicle R&M 1677 Wholesale Direct Inc 000198958 Auto Parts 112.28 50 7040 Supplies - Vehicle R&M 2052 Coffman Truck Sales Inc 1000798367 Auto Parts 413.37 50 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-153071 Auto Parts 15.28 50 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-153178 Auto Parts for EMA #2 344.25 50 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-153059 Auto Parts for Impala #1024 139.49 50 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 331557P Auto Parts 87.81 50 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 331971P Auto Parts 85.42 50 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 331930P Auto Parts 112.74 Page 7 of 22 E, ?' - 34 ili L� nES P1 AMNFS ; Warrant Register 06/03/2013 Or: Account -• - - Invoice 332020P Invoice Desc Auto Parts 79.26 50 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 50 7040 Supplies - Vehicle R&M 1669 Hoskins Chevrolet Inc. 614421 Auto Parts 26.04 50 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound LLC 519486 Auto Parts 535.28 50 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 467613 Auto Parts 303.02 50 7040 Supplies - Vehicle R&M 1071 Pomp's Tire Svc Inc 280014634 Repaired Flat Tire on #65A 05/03/2013 417.00 50 7040 Supplies - Vehicle R&M 1490 Force America Inc 04141422 Hydraulic Pump 531.02 50 7040 Supplies - Vehicle R&M 1511 Cragin Industrial Supply 60632 Tailgate Chain 114.98 50 7040 Supplies - Vehicle R&M 1526 Global Emergency Products Inc AG33338 Auto Parts 591.46 50 7040 Supplies - Vehicle R&M 1526 Global Emergency Products Inc AG33306 Auto Parts 350.44 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-762827 Auto Parts 8.97 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-760889 Auto Parts - #1024 128.39 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-761058 Auto Parts (128.39) 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-763104 Auto Parts 108.15 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-763105 Auto Parts 41.70 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-761224 Auto Parts (317.46) 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-761293 Auto Parts 326.97 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-761524 Auto Parts (136.06) 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-763643 Auto Parts 105.76 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-762630 Auto Parts 20.98 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-762760 Auto Parts 3.09 50 7045 Supplies - Building R&M 1013 Ace Des Plaines Inc 228223 Exhaust Fan Belt 4.34 50 7045 Supplies - Building R&M 1057 Menards 15729 CH - Third Floor Remodel 15.60 50 7045 Supplies - Building R&M 1057 Menards 15401 Building Maintenance Repair Supplies 76.08 50 7045 Supplies - Building R&M 1057 Menards 15461 Building Maintenance Repair Supplies 393.11 50 7045 Supplies - Building R&M 1057 Menards 15524 Misc Supplies 62.36 50 7045 Supplies - Building R&M 3378 Michael Wagner & Sons Inc 1275876 Misc Plumbing Supplies 835.90 Page 8 of 22 a 11 ro=c pt A!MFS Warrant Register 06/03/2013 Org 50 Account 7045 Supplies - Building R&M Vendor 1057 Menards Invomac. 12537 Invoice Desc Misc Light Bulbs Amount 23.96 50 7045 Supplies - Building R&M 1057 Menards 16086 Pine Moulding, Paint and Supplies for 3rd Floor 393.02 50 7045 Supplies - Building R&M 1540 Reinke Interior Supply Company Inc 60023418 Hold Down Clips 21.50 50 7050 Supplies - Streetscape 1347 Lurvey Landscape Supply T1-10008017 Chanticleer Pear Tree 235.00 50 7055 Supplies - Street R&M 1067 Orange Crush 432372 Asphalt for Pothole repair 5/2/13 113.22 50 7055 Supplies - Street R&M 1067 Orange Crush 432281 Asphalt for Pothole Repair 5/1/13 156.57 50 7055 Supplies - Street R&M 1067 Orange Crush 432195 Asphalt for Pothole Repair 4/30/13 360.06 50 7055 Supplies - Street R&M 1067 Orange Crush 432087 Asphalt for Pothole Repair 4/29/13 170.34 50 7055 Supplies - Street R&M 1067 Orange Crush 432007 Asphalt for Pothole Repair 4/26/13 218.79 50 7055 Supplies - Street R&M 1067 Orange Crush 432634 Asphalt for Pothole Repair 5/7/13 207.57 50 7055 Supplies - Street R&M 1067 Orange Crush 432517 Asphalt for Pothole repair 5/6/13 77.52 50 7055 Supplies - Street R&M 1067 Orange Crush 432737 Asphalt for Pothole Repair 5/8/13 880.77 50 7055 Supplies - Street R&M 1067 Orange Crush 432882 Asphalt for Pothole Repair 5/9/13 77.01 50 7055 Supplies Street R&M 1067 Orange Crush 433086 Asphalt for Pothole Repair 5/13/13 101.49 50 7055 Supplies - Street R&M 1550 Addison Building Material Co 741519 Marking Paint, Spary Bottle and Conecting Links 180.37 50 7055 Street Sign Supplies 2016 Sign A Rama 29417 Signs for Thank You Reception 94.40 50 7055 Traffic Equipment & Material 1732 Traffic Control & Protection Inc 76826 Replacement Barricades 21,736.50 50 7055 Graffiti Removal Supplies 1702 Diamond Paint 000205042 Paint and Brush 29.90 50 7120 Gasoline 1014 Al Warren Oil Company Inc 10778183 Gasoline Delivered 04/30/2013 12,101.11 50 7120 Gasoline 2064 Speedway LLC 05/22/2013 x032 Gasoline Purchase During Flood 03/27-04/24/2013 2,195.20 50 7120 Gasoline 2064 Speedway LLC 05/22/2013 x039 Gasoline Purchase During Flood 03/27-04/24/2013 207.58 50 7130 Diesel 1014 Al Warren Oil Company Inc 10778184 Diesel Delivered 04/30/2013 8,234.07 50 7200 Other Supplies 1013 Ace Des Plaines Inc 228325 2 Gallon Garden Sprayer 21.71 50 7200 Other Supplies 1702 Diamond Paint 000205418 1 inch Blue Tape 21.00 50 7200 Other Supplies 1520 Russo Power Equipment 1586645 Crossfire String for Weedwhip 43.99 50 7200 Other Supplies 1520 Russo Power Equipment 1594949 Air Filters and Replacement Bump Head 150.84 50 7320 Equipment < $5,000 1520 Russo Power Equipment 1594945 Line Trimmers 470.00 50 7550 Miscellaneous Expenses 2412 Giuseppe's La Cantina 391159 Food for Mutual Aid Workers 04/29/2013 530.00 Page 9 of 22 Account Vendor Total 50 - Public Works & Engineering Invoice Warrant Register 06/03/2013 Invoice Desc Police Department 60 6015 Communication Services 1680 Pacific Telemanagement Services 526017 Telephone Service June 2013 225.00 60 6015 Communication Services 1201 Sprint 655730511-135 Cell Phone Service 04/02- 05/01/2013 49.99 60 6185 Animal Control 1008 ABC Humane Wildlife 27492-149895 Nuisance Animals Feb 2012 - Nov 2012 1,535.00 60 6185 Animal Control 1008 ABC Humane Wildlife 149230 Nuisance Animal March 17, 2013 150.00 60 6185 Animal Control 1266 Northwest Animal Hospital 00301245 Stray Animal Services April 2013 774.00 60 6190 Tow/Storage/Abando ned Fees 1567 Schimka Auto Wreckers, Inc 050113 Towing Services April 2013 120.00 60 6195 Misceilaneous Contractual Services 1077 Shred -it USA - Chicago 9401864132 Shredding Services April 23, 2013 85.60 60 6195 Miscellaneous Contractual Services 1817 Aftermath Inc JC2013-0271 Bio Hazard Cleaning Squad #52 May 3, 2013 105.00 60 6195 Miscellaneous Contractual Services 1572 LexisNexis Risk Data Management Inc 1037713-20130430 Investigations Database April 2013 163.15 60 6195 Miscellaneous Contractual Services 1683 West Payment Center 827166801 Investigations Database April 2013 122.37 60 6195 Miscellaneous Contractual Services 1517 Trans Union LLC 04355773 Investigations Database 03/26- 04/25/2013 146.93 60 6195 Miscellaneous Contractual Services 1077 Shred -it USA • Chicago 9401899200 Shredding Services April 30, 2013 85.60 60 6305 R&M Equipment 3406 Schroeder Business Machines 05/10/2013 Typewriter Repair 05/10/2013 113.50 60 6305 R&M Equipment 3649 Lueken, Justin 05082013-2 Program Squad #66 Video Camera 05/07/2013 125.00 60 6305 R&M Equipment 3257 Taser International 511321778 Repair of Taser 05/09/2013 370.00 60 6310 R&M Vehicles 1075 Royal Touch Car Wash 1437 Squad Car Washes April 2013 41.00 60 6345 R&M Police Range 2066 Sarge's Range Service inc SRS -196 Disposal of Contaminated Range Debris April 17, 2013 550.00 60 6345 R&M Police Range 2066 Sarge's Range Service Inc SRS -197 Hepa Vacuum Range April 8 & 23, 2013 300.00 60 7000 Office Supplies 1389 Garvey's Office Products PINV597511 Paper Stamper 27.50 60 7300 Uniforms 1164 Uniform Den East Inc 29408 Uniform Shoes for Bicycle Officer 108.92 60 7300 Uniforms 1244 Ray O'Herron Company Inc 1313716• IN Uniform Equipment for New Officers 163.89 60 7300 Uniforms 3481 Olympic Uniforms 121120 Uniform for Bicycle Officer 488.95 60 7310 Publications 1683 West Payment Center 827218986 2013 Criminal Law Book Subscription 1,710.00 Page 10 of 22 "Iffh‘%. •fir `t>;s 1 t� re P' +e!tic(' Org Account 7550 Miscellaneous Expenses Vendor 1361 Major Case Assistance Team Warrant Register 06/03/2013 Invoice Invoice Desc 050113 Total 60 - Police Department 2013 Major Case Assistance Team Awards Banquet Amount 176.00 7,737.40 Emergency Management Agency 65 7200 Other Supplies 1018 Anderson Lock Company LTD 0811265 Keys for EMA 54.00 65 7550 Miscellaneous Expenses 1076 Sam's Club Direct 9683 Flood 2013 Volunteer Meals 1,163.97 65 7550 Miscellaneous Expenses 1076 Sam's Club Direct 0017 Flood 2013 Volunteer Meals 156.76 65 7550 Miscellaneous Expenses 1076 Sam's Club Direct 2051 Flood 2013 Volunteer Meals 278.80 65 7550 Miscellaneous Expenses 1076 Sam's Club Direct 2508 Flood 2013 Volunteer Meals 1,056.39 65 7550 Miscellaneous Expenses 1887 Pluta, John Reimb 04-26-2013 Flood 2013 Meal Reimb 4/26 38.91 Total 65 - Emergency Management Agency 5345 2,748.83 Fire Department 70 5310 Membership Dues 1439 IL Fire Apparatus Mechanics Assoc 2013 2013 Membership Dues 40.00 70 5310 Membership Dues 3296 ISFSI- Intl Society of Fire Service 31111_2013 2013 Membership Renewal 125.00 70 5325 Training 1482 Metropolitan Fire Chief Association of IL May 2, 2013 Special Symposium -May 2, 2013 170.00 70 5325 Training 1551 IL Fire Inspectors Assoc 15137 Training Class -7/23-24/2013 175.00 70 5330 In -Service Training 1267 Northwest Community Hospital E13006 In -Service Training & Admin Fees Feb/March 2013 3,454.50 70 5345 Post -Employment Exams 1015 Alexian Brothers Corporate Health Svcs 477152 (2) Annual Physicals -3/7 & 3/11 614.00 70 5345 Post -Employment Exams 1015 Alexian Brothers Corporate Health Svcs 480705 Annual Physical -4/1/2013 242.00 70 6110 Printing Services 1233 Presstech 31498 EMS Note Pads 380.00 70 6110 Printing Services 1233 Presstech 31499 Office Supplies -Note Pads 215.00 70 6115 Licensing/Titles 1267 Northwest Community Hospital May 1, 2013 (2) Testing Fees for Paramedics 150.00 70 6305 R&M Equipment 1080 Air One Equipment 87712 Cylinder Hydrotests-4/12 & 4/29 285.00 70 6305 R&M Equipment 1148 WS Darley & Co 17066266 R&M Valve Failure -Flood 2013 249.69 70 6305 R&M Equipment 3724 Ahlstrand Marine Co 2922 R & M For Dive Equip (Damaged In Flood) -Pawl Spring & Rope 04/19/2013 165.79 70 6305 R&M Equipment 3724 Ahlstrand Marine Co 2923 R & M For Dive Equ`p (Damaged In Flood) -Housing Stop Switch 04/19/2013 47.66 70 6305 R&M Equipment 3728 Washburn Machinery Inc 95917 Washing Machine Repairs-Sta 1- 4/29/13 199.00 70 6305 R&M Equipment 1748 Novak & Parker Inc 138790 Dishwasher Repairs-Sta 2- 4/29/13 79.00 Page 11 of 22 Warrant Register 06/03/2013 Org 70 ;Account 6305 R&M Equipment Vendor 2500 Bio-Tron Inc Invoice 33271 Invoice Desc Preventative Maintenance Service For Defribrillators-2013 Amount 750.00 70 7000 Office Supplies 1066 Office Depot 655146657001 Pens & Highlighters 52.73 70 7000 Office Supplies 1220 Runco Office Supply 543334-0 "Copy" & "Draft" Rubber Stamps 23.96 70 7025 Supplies - Custodial 1304 HP Products 11666477 lire Dressing-Sta 2 04/17/2013 106.98 70 7025 Supplies - Custodial 1304 HP Products 11666473 Tire Dressing-Sta 104/17/2013 106.98 70 7035 Supplies - Equipment R&M 1747 Murphy's Contractors Equipment Inc 160088 R & M Parts -Pulley -Blue For Saws -5/10/2013 39.22 70 7035 Supplies - Equipment R&M 1670 Arlington Power Equipment Inc 551367 Fuel Tube Part 26.22 70 7035 Supplies - Equipment R&M 1676 Bill's Power Equipment Repair 0039292 Lawn Equipment Repair Parts- Sta 2-5/10/2013 26.48 70 7035 Supplies - Equipment R&M 1747 Murphy's Contractors Equipment Inc 160026 Starter Spring For Saws- 5/8/2013 44,16 70 7035 Supplies - Equipment R&M 1054 Lee Auto Parts 408-762462 Lawnmower Parts-Sta 3 44.99 70 7035 Supplies - Equipment R&M 1054 Lee Auto Parts 408-763669 R & M Parts For Small Motor Maint-5/10/2013 101.13 70 7035 Supplies - Equipment R&M 1057 Menards 15938 Restock Flood Boxes 290.86 70 7200 Other Supplies 1046 Hinckley Spring Water Co 10804116 042713 Water Supply -4/25/2013 7.69 70 7200 Other Supplies 1571 Welding Industrial Supply Corp 1480516 Oxygen Cylinders -April 2013 159.83 70 7300 Uniforms 1148 WS Darley & Co 17057879 Turnout Gear For 3 New Recruits 6,598.67 70 7320 Equipment < $5,000 1003 AFC International Inc 38013 (7) HazMat Items Respiratory Masks & Carrying Bags 1,587.32 70 7320 Equipment < $5,000 1057 Menards 15395 Misc HazMat Supplies -Bleach Sprayer, Wood Handle, Nozzle, Pail 58.26 70 7320 Equipment < $5,000 1066 Office Depot 656021494001 Chair Mats & Dry Erase Boards 141.28 70 7320 Equipment < $5,000 1076 Sam's Club Direct 1740 New Vacuum-Sta 1 399.00 70 7320 Equipment < $5,000 1748 Novak & Parker Inc 138781 New Dishwasher -Ste 2 673.00 70 7320 Equipment < $5,000 3721 Cole-Parmer 8515265 HazMat Gloves 164.68 70 7320 Equipment < $5,000 3722 Botach Tactical 93241 Kappler Chem Tape 230.00 70 7320 Equipment < $5,000 3723 Indian Springs Manufacturing Co Inc 6360 Gasket Sets 521.28 70 7320 Equipment < $5,000 3727 Northern Safety Company Inc 900415023 Variety Of Sorbant Pads For HazMat 264.22 70 7320 Equipment < $5,000 3727 Northern Safety Company Inc 900409652 HazMat Boots 210.27 70 8010 Furniture & Fixtures 1066 Office Depot 656021494001 Chair Mats & Dry Erase Boards 1,255.71 Total 70 - Fire Department 20,476.56 Fire & Police Commission 75 5340 Pre -Employment Exams 1483 Personnel Evaluation Inc 03458 Integrity Testing Police Pre- Employment March 2013 80.00 Page 12 of 22 ter:C1:14:24N it �Il tv i; Warrant Register 06/03/2013 Org Account 6015 Vendor Invoice Invoice Desc Amount 75 5340 Pre -Employment 3562 Edward R Kirby & Associates Inc 38411 Fire - Pre -Employment Testing 1,200.00 78.00 90 Exams AMB Fee Processing Services 1056 Medical Reimbursement Svcs Inc Polygraph 05/09 & 05/13/2013 Collection Service for April 2013 75 5340 Pre -Employment 3562 Edward R Kirby & Associates Inc 38370 PO - Pre-employment Polygraph 400.00 5,271.33 90 Exams Subsidy Historical Museum 1717 Des Plaines Historical Society Exams 04/17 & 04/19/2013 Monthly Subsidy for June 2013 Total 75 - Fire & Police Commission 90 1,680.00 Overhead 90 6015 Communication Services 1027 Call One 05/15/2013 Telephone Service 05/15- 06/14/2013 4,347.80 90 6015 Communication Services 1680 Pacific Telemanagement Services 526017 Telephone Service June 2013 78.00 90 6030 AMB Fee Processing Services 1056 Medical Reimbursement Svcs Inc 3432 Collection Service for April 2013 2,241.85 90 6030 AMB Fee Processing Services 3640 Andres Medical Billing Ltd 131068 Collection Service for April 2013 5,271.33 90 6500 Subsidy Historical Museum 1717 Des Plaines Historical Society June 2013 Monthly Subsidy for June 2013 2,916.67 90 7000 Office Supplies 1066 Office Depot 654912696001 Copy Paper, File Folders & Batteries 26.37 Total 90 - Overhead 6195 14,882.02 Total 100 - General Fund 357,947.91 Fund: 201- TIF #1 Downtown Fund 00 6000 Professional Services 1332 Kane McKenna & Associates Inc 11647 Consulting TIF #1 Metro Square Tenant Analysis April 2013 1,050.00 00 6195 Miscellaneous Contractual Services 1019 Anderson Pest Solutions 2502574 Pest Control at Metra Station May 36.00 00 6195 Miscellaneous Contractual Services 1021 Arc Disposal -Republic Svc #551 0551-010144466 Debris Removal from Metro Square - May 87.00 00 6195 Miscellaneous Contractual Services 1025 Bedco Inc 18448 2013 HVAC Maintenance Contract -June 280.00 00 6195 Miscellaneous Contractual Services 3229 LFT Painting & Decorating Inc MA -5713 Painting of Metro Square Arch Sign 5/7/13 975.00 00 6195 Miscellaneous Contractual Services 1515 White Way Sign & Maintenance Co CD2008081977 Sign Maintenance April 70.47 00 6195 Miscellaneous Contractual Services 1544 Fox Valley Fire & Safety 759346 Repaired Ground Fault in Fire Alarm System 4/25/13 558.25 00 6195 Miscellaneous Contractual Services 1544 Fox Valley Fire & Safety 761933 Fire Alarm Repair at Metro Square 4/30/13 294.00 Page 13 of 22 I 104'34 It ,/ it OFR PI altd�S Warrant Register 06/03/2013 Or: Account 6330 Veno - - 1139 Cook County of Illinois 2013-1 Amount 837.70 00 7050 Supplies - Streetscape 2438 Flag Lady Corp The 25058 5x8 American Flags 00 8100 Improvements 1206 Illinois, State of 106048 Lee & Perry Traffic Signal Impr 07/12-10/25/2012 93,781.98 Total 00 - Non Departmental 707.48 97,970.40 6330 97,970.40 Total 201- TIF #1 Downtown Fund —1 Fund: 230 - Motor Fuel Tax Fund 00 6330 R&M Traffic Signals 1139 Cook County of Illinois 2013-1 Traffic Signal Maint Agmt 01/01- 03/31/2013 1,050.75 00 6330 R&M Traffic Signals 1206 Illinois, State of 40014 IDOT Traffic Signal Maint Agmt 01/01-03/31/2013 10,437.39 00 6330 R&M Traffic Signals 3708 North Maine Fire Protection District 2013-01M Split Costs Of Opticom With North Maine FD 04/11/2013 707.48 00 6330 R&M Traffic Signals 3708 North Maine Fire Protection District 2013-01E Intergovernmental Agreement For EVPD Along Potter Road @ 50% 04/11/2013 5,700.00 00 7140 Electricity 1039 Constellation NewEnergy Inc 0009836140 -SE Electricity 03/25/13-04/22/13 15,492.12 00 7140 Electricity 1039 Constellation NewEnergy Inc 0010023968 -RJ Electricity 04/09/13-05/05/13 271.38 00 7140 Electricity 1039 Constellation NewEnergy Inc 0010023969-Q0 Electricity 04/09/13-05/07/13 1,811.75 00 7160 Ice Control 1372 Morton Salt 5400154420 Rock Salt Purchase 04/29/2013 1,271.04 00 7160 Ice Control 1372 Morton Salt 5400161604 Rock Salt Purchase 05/09/2013 7,799.19 00 7160 Ice Control 1372 Morton Salt 5400162707 Rock Salt Purchase 05/10/2013 18,850.33 00 8100 Improvements 3099 Schroeder Asphalt Services Inc 7 2012 CIP - Street & Utility Improv 11/28-12/08/2012 32,385.60 Total 00 - Non Departmental 95,777.03 Total 230 - Motor Fuel Tax Fund 95,777.03 Fund: 260 - Asset Seizure Fund 00 5325 Training 1184 Lopez, Samuel Reim 4/22-25/13 Meals for Negotiator Training Seminar April 22-25, 2013 165.60 00 5325 Training 3710 Penze, Joan Reim 04/21-25/13 Meals for Negotiator Training Seminar April 21-25, 2013 207.00 00 5325 Training 3712 Anderson, Alyce Reim 4/22-25/13 Meals for Negotiator Training Seminar April 22-25, 2013 165.60 Page 14 of 22 Warrant Register 06/03/2013 Fund: 400 - Capital Projects Fund . . ,_ _ _ Invoice Reim 4/22-25/13 Invoice Desc Meals for Negotiator Training Seminar April 22-25, 2013 Amount 165.60 00 5325 Training 3713 Niznik, Richard 00 5325 Training 3714 Badofsky, Paul Reim 4/22-25/13 Meals for Negotiator Training Seminar April 22-25, 2013 165.60 00 5325 Training 3715 Chapman, Michael Reim 4/10-12/13 Meals for Drug Enforcement Training Seminar April 10-12, 2013 124.20 00 5325 Training 2424 Borre, Ryan Reim 4/10-12/13 Meals for Drug Enforcement Training Seminar April 10-12, 2013 124.20 00 5325 Training 3223 Akin, Charles Reim 4/22-25/13 Meals for Negotiator Training Seminar April 22-25, 2013 165.60 00 5325 Training 3224 Boniak, Thomas Reim 4/10-12/13 Meals for Drug Enforcement Training Seminar April 10-12, 2013 124.20 00 5325 Training 3225 Barrett, Ryan Reim 4/10-12/13 Meals for Drug Enforcement Training Seminar April 10-12, 2013 124.20 00 5325 Training 3709 Meyer, Michael Reim 4/21-25/13 Meals for Negotiator Training Seminar April 21-25, 2013 207.00 Total 00 - Non Departmental 1,738.80 Total 260 - Asset Seizure Fund 1,738.80 Fund: 400 - Capital Projects Fund 00 6000 Professional Services 1394 Gewalt Hamilton Associates Inc 4684.000-3 2013 CIP Storm Water Design Srvcs 03/25-04/21/2013 7,297.50 00 6015 Communication Services 1201 Sprint 655730511-135 Cell Phone Service 04/02- 05/01/2013 8.23 00 6195 Miscellaneous Contractual Services 1165 Union Pacific Railroad 2789-29 2013 CIP Storm Water Pipeline Crossing Agmt-Howard Ave -R- 69-13 19,500.00 00 7055 Street Sign Supplies 1174 3M Co SS02458 River Rd Ped Crossing Signs 621.00 00 8100 Improvements 1550 Addison Building Material Co 743139 Metal Studs for Third Floor Remodel 114.60 00 8100 Improvements 3378 Michael Wagner & Sons Inc 1274203 Copper Piping for City Hall 541.55 Total 00 - Non Departmental 28,082.88 Total 400 - Capital Projects Fund I 28,082.88 Fund: 410 - Equipment Replacement Fund 70 8020 Vehicles 1057 Menards 15735 Nipples & Flange For New T83 13.81 Page 15 of 22 T:71\1,4\ IFv !\ •Warrant Register r1P pi ANL' 06/03/2013 Or: Account 7200 Vendor 2164 JB Metal Works Inc Invoice - 15488 Invoice Desc Fabrication Of Aluminum Trays Amount 947.00 70 8020 Vehicles 70 8020 Vehicles 3670 Heiman 0809754 -IN Gear Bags 85.90 70 8020 Vehicles 3729 American Welding & Gas 02204979 Welding Material For TRT Trailer 254.50 Total 70 - Fire Department 1027 Call One 1,301.21 Telephone Service 05/15- 06/14/2013 Total 410 - Equipment Replacement Fund 1,301.21 Fund: 420 - IT Replacement Fund 00 7200 Other Supplies 1035 Dell Marketing LP XJ51PMKC5 Memory for Servers 418.18 00 8005 Computer Hardware 1035 Dell Marketing LP XJ51FMJM4 New Optiplex 9010 Desktop Computers 2,363.38 Total 00 - Non Departmental 6015 2,781.56 1027 Cali One Total 420 - IT Replacement Fund 1 2,781.56 Fund: 500 - Water/Sewer Fund 00 5325 Training 1252 NIPSTA 10780 Training 04/16/13 100.00 00 5325 Training 1252 NIPSTA 10780 Training 04/16/13 50.00 00 6015 Communication Services 1027 Cali One 05/15/2013 Telephone Service 05/15- 06/14/2013 152.04 00 6015 Communication Services 1027 Call One 05/15/2013 Telephone Service 05/15- 06/14/2013 553.87 00 6015 Communication Services 1201 Sprint 655730511-135 Cell Phone Service 04/02- 05/01/2013 99.98 00 6180 Water Sample Testing 1642 Suburban Laboratories, Inc 27244 Water Testing 4/17/13 1,507.00 00 6195 Miscellaneous Contractual Services 1067 Orange Crush 432170 Flood Protection Services 04/18- 04/30/2013 53,759.15 00 6195 Miscellaneous Contractual Services 1378 Flow -Technics Inc INV000003081 Levee 50 Pump Repair 05/10/2013 374.45 00 6195 Miscellaneous Contractual Services 1391 Gatwood Crane Service Inc 344770 Crane Service 05/07/13 1,290.00 00 6195 Miscellaneous Contactual Services 1355 MQ Construction Company 09 -05 -01 -TM Flood Protection Services 04/17- 04/19/2013 30,349.22 00 6195 Miscellaneous Contractual Services 1355 MQ Construction Company 09 -05 -02 -TM Flood Debris Removal 04/21- 04/27/13 34,293.41 00 6195 Miscellaneous Contractual Services 1355 MQ Construction Company 09 -05 -03 -TM Flood Debris Removal 04/29/2013 6,961.25 00 6195 Miscellaneous Contractual Services 1088 Atlas Bobcat Inc N21392 Bobcat Rental Fire Station 1 for 04/22-04/29/2013 1,840.00 Page 16 of 22 Warrant Register 06/03/2013 Org _ 00 Account_ 6195 _ Miscellaneous Contractual Services Vendor 1132 Barone Contracting LLC Invoice BC 999-062-X Invoice Desc Flood Protection Services 04/22/2013 Amount 3,295.50 00 6340 R&M Sewer System 1368 Metropolitan Industries Inc 0000271722 Lift Station Repair 3/28/13 345.00 00 6505 Subsidy - Sewer Lateral Program 3716 Lowinski, Jeffrey SLP13-011 Sewer Lateral Program 100.00 00 6505 Subsidy - Sewer Lateral Program 3717 Tarenski, Al SLP13-015 Sewer Lateral Program 60.00 00 6510 Subsidy - Flood Assistance 3719 Patel, Mahendra FRP13-007 Flood Rebate Program 1,500.00 00 6510 Subsidy - Flood Assistance 3718 McCluskey, Rory FRP13-006 Flood Rebate Program 643.50 00 7030 Supplies - Tools & Hardware 1057 Menards 16114 Screwdrivers 14.93 00 7030 Supplies - Tools & Hardware 1536 Snap On Industrial ARV/19684050 Socket Extensions 149.21 00 7035 Supplies - Equipment R&M 1564 EJ Equipment Inc 0056083 Camera Repair Parts 348.42 00 7035 Supplies - Equipment R&M 1054 Lee Auto Parts 408-761466 Concrete Saw 43.50 00 7035 Supplies Equipment R&M 1154 West Side Tractor W18312 Fuel Pump 110.52 00 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-762449 Auto Parts 96.99 00 7045 Supplies - Building R&M 1057 Menards 15802 Plumbing Parts 72.93 00 7070 Other 1072 Prairie Material Sales Inc 88441495 Concrete 05/01/2013 230.13 00 7070 Other 1072 Prairie Material Sales Inc 88436634 Concrete 04/30/2013 131.50 00 7070 Other 1072 Prairie Material Sales Inc 88447067 Concrete 05/02/2013 968.25 00 7070 Other 1512 Meyer Material Co 704147404 Concrete 05/06/2013 872.00 00 7070 Other 1550 Addison Building Material Co 741206 Sealing Compound 122.86 00 7070 Other 1709 Ziebell Water Service Products Inc 220248-000 Valve Box 267.00 00 7075 Supplies - Sewer System Maintenance 1057 Menards 15919 Mortar Mix 203.84 00 7075 Supplies - Sewer System Maintenance 1072 Prairie Material Sales Inc 88436633 Concrete 04/30/2013 197.25 00 7075 Supplies - Sewer System Maintenance 1162 Vollmar Inc 158341 Catch Basins 320.00 00 7120 Gasoline 1014 Al Warren Oil Company Inc 10778183 Gasoline Delivered 04/30/2013 2,420.22 00 7120 Gasoline 1014 Al Warren Oil Company Inc 10778183 Gasoline Delivered 04/30/2013 1,613.48 00 7130 Diesel 1014 Al Warren Oil Company Inc 10778184 Diesel Delivered 04/30/2013 1,083.43 00 7130 Diesel 1014 Al Warren Oil Company Inc 10778184 Diesel Delivered 04/30/2013 1,516.80 00 8100 Improvements 3099 Schroeder Asphalt Services Inc 7 2012 CIP - Street & Utility Improv 11/28-12/08/2012 7,458.78 Total 00 - Non Departmental 155,516.41 Page 17 of 22 1 tr.„-ff"..1% u ['FR P!. n.TNFq Warrant Register 06/03/2013 Org - 30 Account 6015 V-ndor - -• Invoice 05/02-05/16/2013 Invoice Desc Water Meter Reads 05/02- 05/16/2013 Amount 1,004.45 6025 Administrative Services 1034 Suwinski, Daniel W 30 6025 Administrative Services 1042 Musillami, Frank 05/02-05/16/2013 Water Meter Reads 05/02- 05/16/2013 631.31 30 6025 Administrative Services 1051 Kalilo, Jukka 05/02-05/16/2013 Water Meter Reads 05/02- 05/16/2013 1,674.69 30 6025 Administrative Services 1608 Fox, Saul 05/02-05/16/2013 Water Meter Reads 05/02- 05/16/2013 1,068.45 Total 30 - Finance 1715 First Script Network Services Inc 4,378.90 Workers Comp Expense 04/24/13 Meds Total 500 - Water/Sewer Fund 159,895.31 Fund: 510 - City Owned Parking Fund 00 6015 Communication Services 1027 Call One 05/15/2013 Telephone Service 05/15- 06/14/2013 474.21 00 6015 Communication Services 1027 CaII One 05/15/2013 Telephone Service 05/15- 06/14/2013 94.44 Total 00 - Non Departmental 5555 568.65 1657 Richard, Thomas Total 510 - City Owned Parking Fund 568.65 Fund: 520 - Metra Leased Parking Fund 00 4665 Parking Fees 1165 Union Pacific Railroad April 2013 Parking Fees for April 2013 2,993.92 00 6305 R&M Equipment 1728 Total Parking Solutions Inc 102154 Parking Meter Repair 04/26/13 384.00 Total 00 - Non Departmental 5555 3,377.92 1657 Richard, Thomas Total 520 - Metra Leased Parking Fund 3,377.92 Fund: 600 - Risk Management Fund 00 5345 Post -Employment Exams 1015 Alexian Brothers Corporate Health Svcs 477156 Post Employment Exam 03-18- 13 20.00 00 5350 Substance Abuse Program 1015 Alexian Brothers Corporate Health Svcs 477147 Pre -Employment Screenings & Random Testing 03/07 03/13/2013 220.00 00 5555 Workers' Comp Expense 1657 Richard, Thomas 04/23-05/06/2013 Workers Compensation 04/23- 05/06/2013 989.12 00 5555 Workers' Comp Expense 1715 First Script Network Services Inc F5PBM2327656 Workers Comp Expense 04/24/2013 Meds 330.87 00 5555 Workers' Comp Expense 1715 First Script Network Services Inc FSPBM2327655 Workers Comp Expense 04/24/13 Meds 288.93 00 5560 Unemployment Clams 1048 IL Dept of Employment Security DC 632016977 Unemployment Benefits -1st Qtr 2013 990.00 00 5570 Self Insured P&L Expense 3739 Seranella, Sam Mailbox Reimb for Damage to Mailbox Posts at 1985 Busse Highway 450.00 Total 00 - Non Departmental 3,288.92 Page 18 of 22 Ii '. Mj . DES PLAINTS Org Account !Vendor !Invoice Warrant Register 06/03/2013 Invoice Desc Total 600 - Risk Management Fund Amount 3,288.92 Fund: 700 - Escrow Fund N/A 2400 Escrow 3720 Nguyen, Thoi Bond Claim Bond Claim 4/09/2013 2,500.00 N/A 2430 Escrow - Police Items 1320 IL State Police April 2013 City Background Check Services April 2013 220.50 N/A 2430 Escrow - Police Items 1320 IL State Police Apr 2013 Liquor Background Check Services April 2013 31.50 Total Escrow Fund 6110 2,752.00 1119 Chicago Office Technology Group Total 700 - Escrow Fund 2,752.00 Fund: 950 - Emergency Communications Fund 00 6000 Professional Services 2407 Prescient Solutions 0513002 Managed IT Services 06/11- 07/10/2013 Pymt 5 of 12 14,166.66 00 6015 Communication Services 1027 Call One 05/15/2013 Telephone Service 05/15- 06/14/2013 9,218.18 00 6015 Communication Services 1201 Sprint 655730511-135 Cell Phone Service 04/02- 05/01/2013 67.14 00 6110 Printing Services 1119 Chicago Office Technology Group 215355 Copy Fees 4-1-13 to 5-1-13 19.16 00 6195 Miscellaneous Contractual Services 1077 Shred -it USA - Chicago 9401884654 Document Shredding April 29, 2013 45.20 00 6305 R&M Equipment 1118 Chicago Communications LLC 248409 Radio Maintenance June 2013 2,114.00 00 6305 R&M Equipment 1621 AT&T Global Services Inc SB749235 Viper Phone System Hardware Maint. Contract 04/03/13- 04/02/14 22,746.77 00 6305 R&M Equipment 2933 SMS Systems Maintenance Services Inc 0000498253 Computer Hardware Maintenance April 2013 200.00 00 6305 R&M Equipment 2933 SMS Systems Maintenance Services Inc 0000502767 Computer Harware Maintenance May 2013 200.00 00 7000 Office Supplies 1066 Office Depot 655198040001 Ink Jet Toner Cartridges 59.98 00 7000 Office Supplies 1066 Office Depot 656175454001 LaserJet Toner Cartridges 117.79 00 7000 Office Supplies 1076 Sam's Club Direct 3436 Business Card Cardstock 5.98 00 7200 Other Supplies 1076 Sam's Club Direct 8740 Clorox Wipes 32.94 00 7550 Miscellaneous Expenses 1076 Sam's Club Direct 3436 Cake for Telecommunication Week 36.98 Total 00 - Non Departmental 49,030.78 Total 950 - Emergency Communications Fund 49,030.78 !Grand Total 1 804,513.37 Page 19 of 22 Org Account Invoice Warrant Register 06/03/2013 Manual Checks Amount Fund: 100 - General Fund City Administration 20 6015 Communication Services 1032 Comcast Cable 04/11/2013x1141 Internet/Cable 04/18/13- 05/17/13 228.05 20 6015 Communication Services 1032 Comcast Cable 05/11/2013x1141 Internet/Cable 05/18/13- 06/17/13 231.00 Total 20 - City Administration 6015 459.05 Public Works & Engineering 50 6315 Fire Station #1 3689 Carpet Values/Carpet One 35269A Final Pymt for Emergency Purchase of Carpet @ Sta 1 Flood 2013 14,940.48 Total 50 - Public Works & Engineering 6015 14,940.48 Police Department 60 6015 Communication Services 1009 AT&T 847R18054604-13 Telephone Service 04/28- 05/27/2013 62.73 Total 60 - Police Department 6015 62.73 Overhead 90 6015 Communication Services 1009 AT&T 630261323005-13 Telephone Service 05/04/13- 06/03/13 4,793.46 90 6015 Communication Services 1533 Wide Open West 4076879 Internet/Cable Service May 2013 1,660.70 90 6015 Communication Services 1533 Wide Open West 40/6862 mtemet/Cable Service May 2013 1,970.82 Total 90 - Overhead 8,424.98 Total 100 - General Fund 23,887.24 Fund: 400 - Capital Projects Fund 00 8030 Land 3704 Chicago Title & Trust Company 477 S River Land Purchase 477 5 Des Plaines River Road R-81-13 152,200.00 Total 00 - Non Departmental 152,200.00 Total 400 - Capital Projects Fund 152,200.00 Fund: 420 - IT Replacement Fund 00 6140 Leases 1068 PNC Equipment Finance 4425639 Copier Lease 05/30-06/29/2013 270.00 Total 00 - Non Departmental 270.00 Total 420 - IT Replacement Fund J 270.00 Page 20 of 22 crr. of III,. ^mac P+ ntnt s Warrant Register 06/03/2013 Manual Checks Org Account Vendor Invoice Invoice Desc = Amount Fund: 950 - Emergency Communications Fund 00 6015 Communication Services 1009 AT&T 847734623705-13 Telephone Service 05/07/13- 06/06/13 283.70 00 6015 Communication Services 1009 AT&T 847734623005-13 Telephone Service 04/07/13- 05/06/13 433.66 00 6015 Communication Services 1032 Comcast Cable 04/27/2013 Internet/Cable Service 05/04- 06/03/2013 211.90 Total 00 - Non Departmental 929.26 Total 950 - Emergency Communications Fund 929.26 Grand Total 1 177,286.50 Page 21 of 22 IDES Pt AIN - Warrant Register 05/20/2013 Summary for Warrant Register June 3, 2013 Amount Transfer Date Automated Accounts Payable $ 804,513.37 ** 6/3/2013 Manual Checks $ 177,286.50 ** 5/17/2013 Payroll $ 1,363,833.87 5/17/2013 Electronic Transfer Activity: Bank of America Credit Card $ 22,529.71 5/20/2013 Chicago Water Bill ACH $ 593,934.88 5/29/2013 Postage Meter Direct Debits $ 7,063.30 * 5/20/2013 Utility Billing Refunds $ 1,672.91 5/13/2013 First Merit Bank Fees $ 5.00 5/16/2013 Discovery Benefits Admn Fees $ 963.80 5/10/2013 IMRF Payments $ Debt Service Payments $ 969,685.33 5/29/2013 Employee Medical/Dental Trust $ 7,533.33 5/15/2013 Total Cash Disbursements: $ 3,949,022.00 * Multiple transfers processed on and/or before date shown ** See attached report Adopted by the City Council of Des Plaines This Third Day of June 2013 Ayes Nays Absent Gloria J. Ludwig, City Clerk Matt ew " Bogi...sz, Mayo - Page 22 of 22 DES PLAINES ILUNG'S Committee of the Whole Item #2a City of Des Plaines Community Development Planning & Zoning DivMs:on 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5306 Fax. 847-827-2196 MEMORANDUM Date: May 16, 2013 To. Michael G. Bartholomew, MCP, LEED AP, City Manager From: Alexander Dambach, AICP, Director of Community and E. onomic Development; Chan Yu, Associate Planner ae- Subj: Tap House Grill Downtown Business Assistance Program Pror osal Issue: Tap House Grill is opening a new restaurant in the fonner Cheeseburger in Paradise space at 1427 Market Street in the Metropolitan Square Shopping Center (Attachment 1). This company requests $80,000 in capital improvement support through the Des Plaines Downtown Business Assistance Program (Attachment 2). Analysis: The Tap House Grill was founded in 2005 by Mr. Scott Ward and Mr. Mark Zych. Mr. Ward has 31 years of experience in the restaurant industry, and Mr. Zych has 20 years of experience. Their background includes co-founding the Bar Louie restaurant chain. The Tap House Grill has seven locations in the Chicago suburbs, and an eighth location will open in Palatine in October, 2013. Des Plaines would be the ninth location. It would occupy a total of 6,720 square feet with a complete remodel of the interior and exterior. The Tap House Grill will invest $332,000 in the space (Attachment 3 and 4). The new owner of the Metropolitan Square Shopping Center, World Class Capital Group (WCCG), which is a private investment firm that specializes in commercial real estate, negotiated a 10 year lease with The Tap House Grill. In May 2012, 't acquired Metropolitan Square and has successfully negotiated and secured 8 additional long-term lease agreements to retain existing businesses and to recruit a new fitness center with a long-term lease. The WCCG uses an analytical process to operate its properties and recognizes the significance of establishing the right business at such a vital space in Metropolitan Square. To that end, WCCG proposes to contribute $300,000 through its own capital improvement project reserves for the Tap House Grill to establish this project in downtown Des Plaines (Attachment 5). The City of Des Plaines has retained Kane, McKenna Associates, Inc. (KMA) to review the Tap House Grill Business Plan. By utilizing its methods and its review of industry comparables, Page 1 of 82 KMA projects $294,180 in sales, food and beverage tax to the City over a 5 -year period (Attachment 6). The KMA review also advises that the City's financial assistance is required for the Tap House Grill to reduce upfront rehabilitation costs and initial operating expenses. The proposed City of Des Plaines agreement for this assistance will include a five-year pro -rated "claw back", which could allow the City to recoup its investment if the business prematurely closes. In addition, the Downtown Business Assistance program policy prohibits the removal of project items for a period of 5 years after the payment of funds, which are made on a reimbursement basis. The proposed assistance follows the City of Des Plaines Comprehensive Plan recommendation of taking an active role in directing redevelopment in the downtown. The Plan emphasizes the importance of satisfying current unmet demands, including unique businesses to keep the downtown vibrant. If approved, the Tap House Grill will join proven retailers such as Shop 'N Save, Panera Bread, Potbelly Sandwich Shop and new aforementioned 11,619 square foot Elite Training and Fitness center. Staff, WCCG, and the Economic Development Commission (EDC) are all confident that the Tap House Grill will address several Comprehensive Plan recommendations. Tap House Grill Principals, Mr. Ward and Mr. Zych, gave a presentation at the May 13th, 2013 EDC meeting. Subsequently, the EDC, City Officials and staff were able to voice their questions to the Principals and to representatives of WCCG. Of particular note, Mr. Ward forecasted the creation of 10 full-time jobs and 25 to 35 part-time jobs. Both Mr. Ward and Mr. Zych stressed the importance of community involvement and stated that 70% to 80% of the labor force would be local. The annual Tap House Grill payroll allocation will be approximately $500,000 to $550,000. The EDC considered this information and voted unanimously to recommend that City Council approve the TIF 1 Downtown Business Assistance Program application request (Attachment 7). Recommendation: Staff recommends the City Council approve the Tap House Grill Downtown Business Assistance Program proposal based upon approval by the EDC on May 13, 2013. Attachments: Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: Attachment 6: Attachment 7: Attachment 8: Exhibit A: Metropolitan Square Tenant Map Downtown Business Assistance Program Flyer Tap House Grill Business Plan submitted by the Tap House Grill Tap House Grill Interior and Exterior Characteristics and Grant Cost Detail Downtown Business Assistance Project proposal submitted by the WCCG Kane, McKenna Associates, Inc. Report EDC May 13, 2013 Meeting Recommendation and Draft Minutes Resolution R-101-13 Form of Economic Incentive Agreement Page 2 of 82 2.050 �f C 109 / i: Miner Street 1.018 •f i• D-121 1.000 al C- R. a 2 / A F / •4a C.113 1.974 1..f . -.._6 Market Plaza Street t r ----''i — - .\ \:\\' \- lois �.. `4 •x' `1 .s ...... v -• ` ....:, \ L ..x % .%\e) -N. ••.<.44\;64.,\ - :.\ t,\• / ✓\moi., ` •.. off\%'•' (, ,,\, \,,,...,>--;..>,..i d// a. Attachment 1 Page 3 of 82 DOWNTOWN BUSINESS 'ASSISTANCE PROGRAMS The City offers THREE GRANT PROGRAMS TARGETED AT IMPROVING STOREFRONTS and enhancing the shopping and dining experience in Downtown Des Plaines! 1 AWNING INITIATIVE PROGRAM • 75% of costs, up to $5,000 2 FACADE REHABILITATION PROurtriuvi • 50% of eligible costsup to $20.000 3 BUSINESS INCENTIVE PROGRAM • 50% of eligible costs. up to $15.000 • Businesses locating to vacant storefronts • Tenant build out & interior improvements A business may apply for one grant of each type, with a $1,500 minimum project cost per grant Facade and Business Incentive recipients must be sales/food and beverage tax generating businesses Eligible Improvements Arch'tectural Restoration Brick Clean,ng & Tuckpoint:ng Eligible Pro pertie- Properties must be located within the Downtown Des Plaines Tax Increment Finance D'strict (TIF #1) to take advantage of these grant programs. — Signage & Graphics Exterior Lighting Window Display Areas —.. Painting Landscaping Tenant Build Out Need more Information? Contact Community and Economic Development ICED) department staff. The City is interested in local and national retailers and restaurants for Downtown Des Plaines Attachment 2 — Windows & Doors Awnings Interior Improvements 1420 Miner St. Des Plaines, IL 60016 P: 847.391 5381 F: 847 827.2196 cyu@desplaines.org Page 4 of 82 ADDICTIVE FOOD 1 CREATIVE BREWS Introduction - Business Plan WESTMONT 6010 S. Cass Avenue Westmont, Illinois 60559 630-541-8840 PLAINFIELD 24402 W Lockport Street Plainfield, Illinois 60544 815-733-5540 Licensed Locations: HIGHWOOD 260 Green Bay Road Highwood, Illinois 60040 847-748-8695 ST. CHARLES 3341 W. Main Street St. Charles, Illinois 60175 630-443-1664 LEMONT 12354 State Street Lemont, Illinois 60439 630-257-5992 GLEN ELLYN 411 N. Main Street Glen Ellyn, Illinois 60137 630-858-4369 www.taphousegrills.com OSWEGO 123 W. Washington Street Oswego, Illinois 60543 630-383-2020 PALATINE 56 W Wilson Street Palatine, Illinois 60067 I Attachment 3 Page 5 of 82 CONFIDENTIALITY AGREEMENT In consideration of the confidential and proprietary nature of this presentation on the proposed purchase/concept for Tap House Grill, belonging to THG LLC, the undersigned, its subsidiaries, employees, officers and agents agree to the following: 1. To use the presentation only for the purpose of evaluating into an agreement with THG LLC on this property: 2. Make no photocopies of the presentation without the prior written permission of THG LLC. 3. Will return the presentation and subsequent documentation provided by THG LLC in the event that the two parties do not enter into an agreement Signature: Pr!nted Name: Title: Company: Date. 2 Attachment 3 Page 6 of 82 "If you're looking for a low-key neighborhood place with food that will blow you away, stop the search at Tap House Grill" Daily Herald March 2, 2007 THE COMPANY Tap House Grill (THG) was founded in October 2005 by Mark Zych and Scott Ward with a vision to be a steadily growing and highly visible restaurant management company in the Chicagoland Suburban marketplace. THG Restaurant operations are run with consistency, congruency and completeness. Alsystems, policies and procedures are designed to achieve maximum guest satisfaction, profitability and ease of operation. The emphasis on both product quality and service management is relentless. The result is a company that is recognized by the industry and community as innovators and leaders with a fiercely loyal customer base THE LEADERSHIP TEAM Principals Mark Zych and Scott Ward are experienced restaurateurs, financial and growth strategists, bringing compatible areas of expertise to the company. With this solid management and creative base in place, THG's goal is to be a mainstay in the Chicagoland restaurant market. Scott Ward • Over 31 years of successful restaurant management experience in growing businesses and lowering costs through proven systems, procedures and detailed follow up. • Passionate ability to direct people to achieve tasks deemed insurmountable. • Vice President of Operations for Bar Louie and Restaurants -America, a multi -concept restaurant management company with over 65 units throughout the United States and 2009 sales of over $123MM. • Created and Conceptualized numerous concepts and led Restaurants -America's strategic growth from 7 units in 1999 to 67 units spread over 6 concepts and 15 states in 2010. Instrumental in the franchising for Bar Louie and eventual sale of the Bar Louie brand. 3 Attachment 3 Page 7 of 82 Responsibilities: a Maintain the vision and mission of the company • Oversee the day to day accounting and financials as well as product development, human resources and customer service. s Manages and develops atl marketing, promotions, community partnership, and events. Works closely with our marketing company and graphic design artists ® Manages working capital, inventories, receivables and cash. • Work with landlords, partners, legal and accounting • Develop, implement, and manage unit by unit growth in a responsible and financial sound plan. Mark Zych • 20 years of restaurant experience with 11 years of high volume management and 5 years of multi unit operations supervision. • Opened 21 restaurants from 1997 to 2009. a Extensive experience in all facets of new restaurant openings, manager training programs, and beverage menu development. ® A proven track record with ability to restructure business units and orchestrate new and innovative sales programs • Beverage Director, District Partner, Bar Louie America 2001 to 2005 Responsibilities: • Day to day operations, systems and procedures, creating budgets and managing costs and labor. • Plan, develop and establish policies, procedures and objectives of the business in accordance with the company vision and mission statements • Management training and development, employee training and standards • Oversee new store openings, build out, hiring and training. Chef Todd Davies (The Hoppy Chef) — • 18 years of restaurant experience as a chef • Extensive chef training with Chicago greats including: Carlucci's, Mango, Grapes, Rhapsody, Tru, Hotel Monico, and Rosebud. • Executive Chef at Rosebud, One North, Nick and Tony's, Grillroom, Bluepoint, and Jeff Conine's Grille. • Ciceron certified beer training with focus on Gastro -pub inspired creations • Opened 18 new restaurants from 2001 to 2009 Responsibilities: • Food and beer menu development, recipes, HAACP and theoretical food costs • Design and execution of Monthly Beer and Food Pairing Dinners and specials 4 Attachment 3 Page 8 of 82 Santino Patragas- • 14 years of restaurant experience with 10 years of high volume restaurant and bar management • 4 years of multi unit supervision, with highest net profit of all regional managers. • Opened and Operated 2 of Bar Louie's highest volume units • Successfully opened 12 new units • Experience in new restaurant openings, staff training programs, and beverage menu development. • Specializes in control costs and innovative sales programs • District Partner, Bar Louie America 2002 to 2005 Responsibilities: • Day to day operations, systems and procedures, creating budgets and managing costs and labor. • Key focus is marketing, beverage development, promotions, social media, community partnership, events and charities. • I.T. and the Aloha point of sale system • Management training and development, employee training and standards • Human Resources, government compliance. 5 Attachment 3 Page 9 of 82 AWARDS AND RECOGNITION The following are a few of the recent awards received by Tap House Grill. 2013 — Chicagoland Wingfest, "Best of Fest" winner, "Best Exotic Wing" winner 2012 —Village/Chamber of Plainfield "Restaurant of the Year" 2011— Chicago Tribune, "Best Sandwiches", Sprecher Root Beer - Braised Beef & Gouda 2011— Featured in Beacon News, "Tap House is Heaven for Beer Geeks" 2010 — Featured in "Creat've Eats" Kane County Chronicle 2009 — Voted "Best Appetizers" Beacon News 2009 - Featured `n -'Tapping Into Growth" Market Watch Magazine 2008 - Featured in the Naperville Sun, Tap House Grill Oswego 2007 - Featured in the Daily Herald (2 separate articles), Tap House Gril St Charles 2007 — Featured ;n West Suburban Living magazine, March 2007, Tap House Grill Scott Ward/Mark Zych/Bar Louie awards and industry recognition: 2009 and 2010 -'Best Bar Food" Silver Platter award winner, Restaurant Industry news 2010 —"Vibe" award winner, best over-all beverage program, chain category 2009 - "Cheers" award winner, best specialty program, Bar Louie Passport 2003 — Industry leader Beverage Program, Scott Ward/Mark Zych/RDG Chicago, Market Watch Magazine 2002 - Featured 'n 'Mix Master", Mark Zych, New C'tyChicago Attachment 3 Page 10 of 82 References: Jace Murray, Murray Properties, jace@murravproperties.net 630-244-3272 Joann Buerstetta, Town Square Properties, joann.dj(sbcglobal.net 815-609-8000 Brian LeClercq, Village President, Oswego II, bleclercg@oswegoil.orp, 630-554-3618 Dave Hale, Syco Foods, Des Plaines, Illinois d.hale@sysco.com 630-615-0007 Brian Reaves, Mayor Village of Lemont, Illinois breaves@lemont.il.us 630-257-1590 Bob Signorella, Century Accounting, Oakbrook Terrace, IL bob@risincnet.com 630-916-0990 Mike Collins, Village President, Plainfield, Illinois mcollins@goplainfiled.com 815-436-7093 Patrick Henry, Patrick Henry Productions, Houston Texas patrick@phcp.com 281-983-5500 "....the menu alone is worth the trip." Daily Herald March 2, 2007 Attachment 3 Page 11 of 82 Mission Statement We have purpose in the work we do We love what we do, and share our passion with others We always deliver on our financial commitments, but never at the expense of our guests, the team or the brand We choose to be happy and healthy and have fun We respect and support each other, our guests, our family's, our community and our earth We share our successes with our team We are addictive food and creative brews 8 Attachment 3 Page 12 of 82 Vision Statement Tap House Grill is the best local gastro pub in your neighborhood We are the employer of choice We will grow responsibly and diversify Vision Strategic Plan Overview • To grow the company using a "second man in" strategy • To utilize the recent economic downturn as a opportunities to expand our brand • To utilize the wave of craft beer hysteria as a engine for brand recognition • To find creative financing options from tenants, landlord and Villages to offset opening costs. 9 Attachment 3 Page 13 of 82 5 year Strategic Plan (2011) 2011: Reinvent Tap House Website Focus in on the "brand", direction and demographics Open Tap House Grill Plainfield 01 & Tap House Grill North Q3 Expand Brand awareness with Q3 & Q4 marketing blitz Get entrenched into social media components Centralize office, banking, HR, Operations 2012: Open Tap House Grill Chicago or Suburbs Q3 Implement Insurance program for all employees Create addition concept to diversify Tap House Portfolio Addition of brewery, our own beer Q4 2013: Begin Franchise and/or Licensing process — feasib;lity study and legal steps Open a non -Tap House location in Chicago land marketplace by Q4 Explore Milwaukee/Wisconsin/Michigan market for expansion potential Add office support team member Analyze current locations & Leases and viability for future Search for new office to handle growth model 2014: Complete Franchise Process Q1 Open Tap House Grill Chicago & Tap House Grill suburbs (2 units) Begin Franchising Q4 2015: Expand in suburbs and city in new and upcoming area markets — 2 to 3 units Revisit alternate concepts 10 Attachment 3 Page 14 of 82 CONCEPT STATEMENT Tap House Grill is addictive food and creative brews. It is our mission to deliver quality products at a reasonable price with impeccable service to every guest who comes to enjoy the TAP HOUSE GRILL experience. Though a combination of energetic, knowledgeable staff, a passion for fresh, creative dishes that shock the taste buds, and the dynamic variety of craft beers, Tap House Grill is the local gathering place for any event. Tap House Grill is upscale -casual, our own soon to be famous oxymoron. Deep stained wood, open floor plan, plush banquettes, and a golden hue of lighting all cast an inviting, exciting and sophisticated atmosphere. The feel is casual, music for the masses, plasmas in every sight line, and a huge wall of draft beer! A welcoming environment for everyone regardless of who you are, what your profession is or even how you dress. The menu showcases traditional American "Gastro -Pub" fare featuring large portions and variety including trademark items such as the Drunken Shrimp, Meatball Panini, Chicken Bruschetta, Crispy Fried Pickles and Kobe Beef Sliders as well as our 5 Cheese Mac n Chez Plates. Our large selections of hand crafted brews are a driving force for Tap House Grill. From the classics, to imports with a passionate focus on smad batch crafts, IPA's, porters, sasions, and even 25 oz bombers. Our selection is creative enough to satisfy even the most obsessive "hop head". The beer selection is complimented by a wide variety of classic and signature martinis, cocktails and even Sprecher draft root beer. A wine list with a wide variety to appeal to every taste and price point completes the final piece of the beverage program. The bartenders and servers will be the guests' guide. The staff and management of Tap House Grill work together with each other daily which allows a constant flow of communicat'on between one another. The Tap House Grill staff is mature, responsible veteran teams who takes pr.de in their work, beer and food knowledge and recognize their fellow staff members as a person who shares a common goal in "TOTAL GUEST SATISFACTION." Each of our servers, managers and bartenders are "Cicerone" certified to ensure total familiarity in every aspect of beer styles, brewing and flavor profiles. The primary goal at Tap House Grill is "TOTAL GUEST SATISFACTION." Great customer service equals success for everyone. As long as the customer feels as if their stay was a pleasant one they will return and they will recommend Tap House Grill to others. The return customer is a server's greatest weapon for word of mouth business. Creating an exciting atmosphere for customers is paramount. A proper attitude, work ethic, prides in one's appearance and a strict approach to the restaurant environment is a constant. Tap House Grill's standard of high energy, beer and food knowledge, and friepdly service will overwhelm our guests. From the management to the server to the customer and back, the Tap House Grill experience wi I be UNIQUE! TAP HOUSE GRILL = A professionally operated neighborhood restaurant and bar with an addictive beer infused menu, a creative and vast selection of craft beer on tap served by knowledgeable, friendly people in a warm and energetic atmosphere. Attachment 3 Page 15 of 82 Target Guests: Professional, college educated, single and married men and women ages 25 to 55 with a medium household income of $75,000 per annum. The majority of guests will live or work within 5 mile radius ring of the restaurant. Focus is on business and casual lunch diners, couples, families, guys and girls night out, sports teams, and beer lovers who may actually brew also. Menu and Food Service: The menu is Modern American classic. All plates and portion sizes are generous and each item has stand alone quality and outstanding perceived value. Appetizers are numerous and large enough to share or enjoy as a meal. Salads are oversized with several distinct flavor profiles. Sandwiches, wraps and Panini's are all come with several option from tater tots to fruit. Main courses are an awe inspiring culmination of culinary greatness and creative plate presentation. Beverage Service: The focal point of the restaurant is the 40 tap heads featuring a wide range of hand crafted beers. The beverage menu also includes call and premium spirits with a wine list and American classic cocktails that are generously portioned The bar will be the beer drinker's classroom with class conducted by Cicerone certified bartenders. Hours of Operations: 7 days a week open from 11am unt l last call Kitchen open until last call every night. Price Points: $3.49 to $16.48 with the average per head of $9.50 at lunch: average per head of $18.50 at dinner. Service standards: Service is brisk and professional yet personal, fun and without pretense. Staff in the front of the house is seasoned veterans with a proven abi;ity to give superior service while not taking themselves too seriously. Table Top: Tables are left uncovered. All plates are oversized. Silverware is also oversized and rolled in a linen napkin. Music and entertainment: Recorded and programmed foreground music and video's specifically formatted to create comfort and energy's played over a high quality system. Plasma and projection TVs. provide entertainment as well as go den tee video game in the lounge enhance the room. Banquet Space: Base on location both private and semi -private dining areas are available for groups from 5 to 100. Banquet packages are available for both food and beverage Going along with our focus of being "the gathering place" for each of the towns that support us, we are commtted to large party execution on any scale. !2 Attachment 3 Page 16 of 82 "The menu's 18 appetizers include scallop corn dogs and apple -brie flatbread ..... customers will make a meal of the appetizers!" West Suburban Living 'Best of the West 07' March/April, 2007 I3 Attachment 3 Page 17 of 82 MARKETING STRATAGY A key element in the success of any restaurant is in its marketing strategy. The beginning point is the flawless execution in the operations. That is, to first establish the quality of the product and service is at a level clearly higher than the price and that the guests experience is worthy of recommendation. The second cornerstone of the marketing strategy is to create cost efficient and a real reason to talk about the restaurant. We believe there to be much impact and believability in creating press and producing events as opposed to merely buying media and making promises GOALS: • Create a guest first focus internally by enlisting virtually all staff members as part of the marketing team • Create a fierce loyalty amongst our core of local and regular guests, neighbors and press • Create local ownership personality through hands on presence of owners/operators in the restaurant • Create earned market presence based on the quality and consistency of our products, service, community events and achievements OPENING: • Press Releases will be sent out locally and to the industry regarding the concept and operations • Direct Mail announcements will be sent out to over 2000 people hand picked from the community by the partners Preview party's including press party and VIP party guests will be held. These events will benefit local charities Word of mouth wil be created by the partners through personal announcements 14 Attachment 3 Page 18 of 82 ADVERTISING/MEDIA: Yellow pages listings will be placed on availability of publishing deadlines • Various guides and listings such as where magazine and local room hotel guides • will be made E-mail program by Dining Dialog will create a mass database of current customers, enticing clients to return, notifications of promotions, monthly newsletter and e-mail blasts • Web site based By posting events, menus, promotion, and special we will create a captive audience to our web page Radio, network and cable television is not cost efficient medium at this time Social Media Facebook and foursquare are our primary outlets, with heavy focus on facebook. Some twitter and texting programs are being tested 15 Attachment 3 Page 19 of 82 PUBLIC AND COMMUNITY RELATIONS • Press releases will be sent out to local publications and national industry publications on a once a month basis in an effort to create press • PROMOTIONS Local associations such as the Chamber of commerce, the local chapter of the Nation Restaurant Association, and other business and professional groups will be joined and actively participated in — these are our key alliances Hotels will be targeted by the operators as sources for ongoing recommendations. Local Charities will receive our support on a se'ected basis in the form of fund raising events and use of our facilities Local events will be fully supported • National Holidays will be developed into events in the operation often cooperatively with vendors and/or local charity's • Internal Events will be scheduled at the restaurant including specific food festivals and V;P private functions. The events will be cooperative efforts with vendors and neighboring businesses. Tap Take Overs, Guest Appreciation Month, 12 beers of Christmas, Bacon Fest and Fishy Fridays to name a few • Direct Mail will be utilized with regular and new guests offering various incentives and direct invitations to special events. • E-mail announcement play a large role in keeping the brand in the marketp?ace. Focusing in on events, specials, information and call to actions • Month:y beer and food pairing will showcase Chef Todd Davies c.,linary ski'is and extensive beer experience. 16 Attachment 3 Page 20 of 82 OPERATIONS: The following systems will be implemented • Operating Goals: Updated Monthly, addressing objectives and action plans for products, marketing, human resources and financial goals. • Business plan: Updated monthly, addressing quality controls, staff, physical plant, promotions, sales results, services and general operations. The forms include specific action plans, assigned leaders, due dates and status • M.O.D. Opening/Running/closing checklists • Quality control checklists • Kitchen sanitation operation manuals • Recipe and product standards manuals • Theoretic menu cost book • Service standards manual • Public relations guidelines • Meetings and communications model • Cleaning and sanitation guidelines • Safety policy and procedures • Theft and security systems • Energy and conservation guidelines • :ncentives and benefits management plan • Midd'e management supervisory structure • Examples of elements of these operational systems are available upon request. :7 Attachment 3 Page 21 of 82 HUMAN RESOURCES THG will build its reputation on its ability to attract and retain some of the best people in the industry. Staffing quality people, at all levels of the operation, is key to success. Our team has the ability to deliver this promise. The following programs will be developed and implemented in each operation: o Personal management handbook • Standardize personal Forms ✓ Job descriptions and Position descriptions m Interview Guidelines • Employee Handbook outlining Policies/Procedures/benefits a New Employee orientation ® Performance Appraisal System O Department Training manuals: All Positions ■ New Employee Training Guide. All Positions • Training Certification Checklists: All Positions • Tests and Supplementary Materials • Train the trainer Program • Management training Program • Manager Operations Policy and Manual • Examples of Hi man resources materials available upon request. :g Attachment 3 Page 22 of 82 FINANCE Each restaurant will be self-sufficient, with all daily invoices entered by managers. All accounting will be done by ownership in cooperation with Century Accounting Inc, an accredited accounting company in Oakbrook Terrace, IL. The following systems will be implemented in the restaurant: • Operating Budgets • Cash Controls • Point of Sales Controls • Cash Register Controls • Daily Sales reports • Accounts Payable • Accounts Receivable • Taxes, Licenses and Legal Schedule • Purchasing and receiving program • Maintenance and service Contracts • Weekly P&L Statements • Monthly balance Sheet and Financials • Capital Improvement Budget • Additionally the services of a professional accounting firm has been retained to complete year end audits and to ass;st with taxes. 19 Attachment 3 Page 23 of 82 American classics get new taste at St. Charles grill BY SARA FAIWELL Daily Herald Staff Writer Posted Thursday, March 01, 2007 'f you're looking for a low-key i e;ghborhood bar with food that w' I b'ow you away, stop the search at Tap House Gri I. The St Charles restaurant opener in November, and it didn't take long until it was seeing repeat customers. Chances are it's the unique twist on American classic dishes that is banging them back. Don't let the location fool you. Even though the place is tucked in the middle of a strip mall and doesn't ,00k that special from the outsde, the me.lu alone is worth a trip Tap House Grill feels like a typical sports bar with 11 hanging TVs, loud pop music blaring and a crowd seated at the bar. The wa':s are dark wood, and the lights are .ow -he serve s wear sh rts that read "Beer 't does a body good" on the bazk. The best part of the menu is the appetizer i•st 't wou d be easy to sit down and order your whole meal from *.he 18 offe'ings Don't leave without trying the Blue Moon BBQ Pulled Pork Sliders from the appetizer menu. They come on perfectly soft buns, piled high with pork and topped with cheddar cheese. Homemade onion strings and scallions finish off the sliders, making each bite delicious One of the more unique offerings is scallop corn dogs; wh ch are scallops dipped in corn batter and then fried and served with sauces There's also loaded tater tot-chos, where tater tots serve as the base for th s take on the classic nacho dish. Wings, ca'amain, beer- c9eese dip and chicken fingers are a so on the menu. A couple of the starters come with herb flat bread, ncluding the bruschetta pomodo.o insalata, this restaurant's ve sion of the popular to an appetizer. The fatbread is crisp and rosemary flavored and easily holds the tomato mixture, which includes lettuce and celery. Since this is an all-American place, I opted for the spicy shrimp, scallop: and crab mac and cheese as my main entree. It proved to be a great choice. The cavatappi pasta is tossed in a marscapone cream sauce, and there's plenty to take home. The sauce didn't taste too cheesy or too rich, and because it was sprinkled with red and green peppers, it was also sweet. The menu calls it spicy, but there's no heat to this dish. I'm accustomed to ordering pasta dinners like this and gett:ng a few shrimp sprinkled throughout the pasta. Here, there was almost half as much seafood as pasta in the dish. There's an array of salads, burgers, sandwiches and wraps that make up the bulk of the menu. I also tried the pesto chicken and bacon wrap, which was tasty and didn't skimp on any of the ingredients. The chicken had a mild flavor, but coupled with the parmesan and mozzarella cheeses was great. All sandwiches are served with your choice of fries, tater tots or a salad. If you're at a place like this, tater tots are the way to go. Here, they came piled high next to the pesto wrap and were seasoned and salty, a perfect way to serve them. 20 Attachment 3 Page 24 of 82 The presentation is part of what makes this spot funky. Salads are served in angled, white bowls that tip down toward the table. Side dishes and sorie appetizers some out in minicolanders. It's the extras that make the restaurant unique. Whether it's a sprig of rosemary stuck into the pork sl der bun or the homemade salad croutons that are still warm in your bowl, it's clear that the chef here is trying to be remembered There are six desserts on the menu, from a root beer float to chocolate -stuffed cake. I tried the caramel app,e bread pudding, which was served with ice cream and caramel sauce. Although it was good, it could have been a little warmer. The slivered green apples were a nice contrast to the sweet caramel and buttery bread. According to the menu, t should have come with pecans, but there were no nuts in the dish. There are 20 beers on tap, such as Stella Artois, Goose Island and Dos Equis. A small martini list features a few off beat cocktails One worth mentioning is the Envy Martini, made with Frangelico, 'ime juice, citrus vodka and green tea extract On a Saturday night, nearly everyone in the p'ace was sipping a beer. The atmosphere is family -friendly, and there's a ch:,dren's menu. Most younger patrons were seated around the bar. The servers are friendly, b..t not overly attentive. The estaurant s owned by Mark Zych and Todd Davies, who .s the chef. The two worked for severa' years with Restaurants Amer•°ca, the company behind Red Star Tavern, Bar Louie and many other restaurants. The Tap House .s run by Santino Patragas, also from the same company. Anothe• Tap House Gr s under construction Westmont and is schedu'ed to open • -id-March. The partners a -e ook rg for a third location and say the goa is to open 20 grills in future years. St. Charles was chosen as the first spot because of the demographics of the area, Patragas said. "It's a unique neighborhood gathering spot with great food," he says. "It's classic American food with a funky twist " This may be the first Tap House Grill in the area, but judging by the food quality, there will be many more to follow • Restaurant reviews are based on or e anonymous visit. Our aim •s to describe the overall dining experience while guiding the reader toward the menu's strengths. The Daily Herald does not publish reviews of restaurants it cannot recommend. sfaiwe'I@da!lyhera'd.com Tap House Grill 3341 W. Main St , St. Charles, (630) 443-1664 21 Attachment 3 Page 25 of 82 Scott ward 8057 RFD Lon: Grove, II?inois 60047 Home Phone 847-837-9337 Email scottwardnlgCaol.com 1998-2010 1995-1998 SUMMARY 29 years of successful restaurant management experience. I can grow sales and lower costs through proven systems, procedures and detailed follow up. Passionate ability to direct my reports to achieve tasks deemed insurmountable by them. "Yes is the answer, what is the question" attitude towards guest service and hospitality. WOR![ HISTORY Vice President of Operations, Restaurants America $120MM a year multi -concept company with 60 units in 14 States. • Grew company from $11 MM and 7 units in 1999 to projected $122MM and 65 units FY2008. • Established a culture of "Accountability" at all levels of the organization. • Restructured company into 3 operating entities. • Lowered food, beverage and labor costs company wide 5 consecutive years. • Rolled out BAR LOUIE from 2 units to 45 units doing $88MM a year with a gross operating profit after cogs at 70% and total labor cost of 24% with EBITDA at 14.7%. • Initialized the Bar Louie Franchising System in May 2006, currently 7 open franchised units, generating over $1 MM in annual royalties with 8 regionally signed ADA's, • Jointly Created and Conceptualized GRILLROOM, ONENORTH & TOWNHOUSE • Created, re -tooled and implemented all operating policy's procedures and systems for 2700 employees and 275 management and corporate personal. • Comping sales at Bar Louie in 2008, during a recession. • "Best New Restaurant", "Best Design", "Zagat Excellent", "Hot Concept", "Chicago Best 6 Steaks", "Best Martini", "Top 10 Multi -Concept Company", "Best Happy Hour" General Manage/Multi-Unit Supervisor, Ala Carte Entertainment $62MM a year multi -concept company with 32 units in Illinois EXCALIBUR, $10MM a year multi -concept single unit 60,000 square foot location • Labor of 20%, Beverage of 19% and Food Costs of 34% • Comped sales each year • Chicago Bulls 3 Championship Party's, Democrat National Convention Post Party, NFL Films Commercials, television show "Sighting's", concerts by "Prince", "Billy Idol" • Involved in numerous openings of MAGNUMS steakhouse & ALUMNI CLUB 22 Attachment 3 Page 26 of 82 1993-1995 1991-1993 1989-1991 1984-1988 1980 -1984 Regional Manager, Walter Payton Properties Thirty Four's and Studebackers and America's Bar GM Chi's Chi's Aurora, Illinois GM, Walter Payton Studebackers Schaumburg, Illinois Owner/Operator Wardo 's Food Spirits and Sports Emporium Moline, Illinois Wendys and Hardee 's GM Quad Cites, Illinois EDUCATION 1976-1978 Prarie State College 23 Attachment 3 Page 27 of 82 Mark Zych Summary Experience 2911 N Western Ave U208 847 757 3086 Chicago, Uhrois 60618 m-rkzych@aol com 16 years of passionate restaurant management. Exceptiona' managerial experience opening in 21 restaurants with three nationally renowned companies. Prover, ability to manage high volume units to reach consistent sales growth while developing new concepts and menus. Pride in building in successful management through the development of leadership skills, as well as creating a successful team oriented cu'ture for all employees. RDG Chicago/ Bar Louie America Chicago, 11 District Partner- November 2002 to 2006 • Created and implemented systems and forms to be used for company growth and franchising. • Designed bar recipes, purchasing program and company wide bar po'icies Negotiated liquor and beer national pricing for 42 Lnits a'ong wit^ company w.de bar menu and marketing pieces. • Managed open,ng teams that took Bar Louie concept from 5 to 17 units in under 3 years. General Manager -January 2001 -November 2002 • Responsible for training of all Bar Louie managers (26 total). Developed and fine tuned training program as well as writing company training manuals. • Managed unit capable of $60,000 per week sales. Responsible for all fnancials, payrol' and costs, as we as employee development and sales building. Negotiated private parties and holiday events in addition to week;y promotions • Trained staff and oversaw all part of bar set up for 9 new store openings Bubba Gump Shrimp & Co. San Clemente, CA General Manager-Kahula-Kona, Hawaii -July 1999 -November 2000 • Responsible for all operations of a $4.8 m'.lion restaurant with nearly 100 employees. Set budgets and panned day sales goals while being the keeper of the culture. Motivating and costng contra systems were the main focus • Worked local marketing with island wide commercials to reach broad populous • Set up fundraising with local schools to raise $10,000 per year Assistant General Manager- Miami, Florida -January 1998 - July 1999 ■ Preformed all duties for the GM and KM while on two month opening ■ Assumed all general managers functions while running new store opening in New Orleans. Bar Manager - Breckenridge, Colorado -August 1997- la r nary 1998 24 Attachment 3 Page 28 of 82 Education A Trained GM for new store opening, oversaw all hiring, training and orientation for new crew. Worked with local government for construction and permitting Host Manager •- Chicago, Illinois - February 1997 - August 1997 A Trained staff and was part of team that averaged $220,000 per week for the five months open. Regularly averaged 10,000 covers per week. Server Manager- Maui, Hawaii- October 1999 --August 2000 Host Manager -Monterey, California - November 2000 Lone Star Steakhouse Arlington Hts, IL Manager- December 1995 - November 1996 :992-1996 Illinois State University a Athletic Dl rectors Honor Roil • Illinois State Men's Soccer Interests r.athlons, Soccer, Golf, Music, Fitness, Strength raining, Heath Normal, IL 25 Attachment 3 Page 29 of 82 Semina Patragas Cell Phone 630.8159234 Email SPatragasi aol.com 2001-2003 413 Blue Ridge Dnve Oswego, IL 60543 SUMMARY 11 years of successful restaurant management experience. Multi -Unit operator with a proven track record. WORK HISTORY General Manager, Bar Louie Columbus $4MM unit located in Columbus, 01-1 hotspot Easton Town Center. • Grew location from $3.1 MM to over $4MM in annual sales • Led a staff of 55 with a 'firm fair and honest' approach • Became training unit for all 'Leaders in Training' in region • Had company best cost control center with Labor:17%o Food:29% Alcohol: 19% • Over $1 MM in Ebitda in years 2 and 3 • Named 'Best New Restaurant' by Columbus Dispatch 2003-2006 Regional Manager, Restaurants America * Oversaw 4 locations in Ohio and Kentucky * Took over Red Star Columbus and posted a $17,000 profit (-$72,000 previous yr) * Successful opening of Bar Louie Lyndhurst (Beachwood, OH) Driving sales to $4.3MM in first year then $4.5MM in second year. * Comped previous year sales 3 years running at Bar Louie Newport, KY * Became 'franchise trainer' and was responsible for the Bar Louie way of life training for all new franchisee's 2006-2010 Director of Operations, Tap House Grill * Grew concept from 1 location in 2006 to 3 locations and 1 licensed location * Implemented systems and procedures companywide, to maximize revenue and growth opportunities. * Instilled the "Yes is the answer. what is the question" attitude towards guest service and hospitality. EDUCATION 1997-1999 Duquesne University Criminal JustlPreLaw 26 Attachment 3 Page 30 of 82 Todd Davies • Experience • Education • Chef Partner, Tap House Grill June 06- present • Tap house Grill, responsible for creating, opening and operating, a unique gastro -pub, with emphasis on freshness qua'ity and eclectic yet approachable food ■ Corporate Chef Celebrity Ventures Inc June 05- June 06 ■ Open?ng of Jeff Conine's Grille ;n Hollywood, Florida, and Eddie George's 27 Grille Columbus, Ohio • Menu and recipe creation for 3 separate concepts • Corporate Chef. Concepts Divsion RDG Ch!cago, March 02 -June 05 • Responsible for all menus in Concepts Division, 7 separate concepts, including Bar Louie, One North, Nick and Tony's, Grillroom, Bluepoint, • Directly Involved/responsib'e in 2' openings for RDG • Development of six new concepts, responsible for menu creation/evolution • Troubleshooting in all RDG locations • Worked directly with chefs, g- =s and dms to ens,.re h ghest gLa;ity, customer satisfaction, consistency arc cortrol'ing costs • Executive Chef, One North Kitchen & Bar July 02 -January 04 • Opened and operated 200 seat urban contemporary restaurant, 3 stars, Chicago Magazine • Successfully managed this restaurant while overseeing other properties • Created menu for and executed of banquet center in building, approximately 1 million in r evenue in 04 • Executive Chef, Rosebud Steakhouse Feb 01 -Feb 02 • Rated 3 stars, Chicago sun times • 145 seat American Steakhouse, specializing in prime steaks and fresh seafood • Sous Chef, Hotel Monaco February 00 — February 01 200 room hotel, downtown Chicago, rated three stars Sun Times • responsible for breakfast, lunch, room service and banquet center. • Sous Chef, Tru November 99 — February 00 • Rated 4 stars, Chicago Tribune • Bowl Of Fruit Inc, Jan 95- September 99, AI Three Star restaurants(Chicago Tribune) • Chef de Cuisine, Ravinia Private Donors Club May 99 — September 99 • So::s Chef, Mango. Grapes, R'apsody Ja-..ary 96 — May 99 • Kendall College • Associates of Applied Science Degree GPA 3 7 • Culinary Arts Graduated 1996 Recipient of Vitte! schaarship 27 Attachment 3 Page 31 of 82 nterior an s xterior haracteristi a s House Gri Attachment 4 Page 32 of 82 • w 0 1 1 • -" •wm,•wra way r v •o. wraPz • ImMEWMOM - NIM.7 _EA 71111•11 . w ff=; Attachment 4 Page 33 of 82 Z Jo ■( a»IJ install 2 new horizontal channel signs on exterior on south and southeast walls replace all current green awnings with Tap House Grill Black awnings (8) 0 p E ageugis/sauiuMV E cvb 10 1:1G O M 7T3 2 CU k a 3 o 13 k 2 £ £ 0 < m 0 - LI // % 7 t 7 t 2 § k \ — / E 0 v 2 « c zi o vi efi 2 ® M k tv 0. 3 / op k % 0) o c 7 ° ( IraR 0 / 3 CD 3 E ■ k 9 E aingi;san 9Jp.ua install new lodge stone flats in the space vacated by all the siding surrounding the 8ulpis MollaA Ile anowai ape5ej aolaa�x3 1';u Jmq uny g ■ 0 3 sauieid saG , 7 £ CT 7 7 m o 0 n 2 % % m $ % l & / 2 % w 0 2 i 7 0 2 % } ° 01 7 X — a CL -1 0 0 E g M£ COto, 3 0 E E I E/ I a § 0. 5 07 ® ] k ) 2 C 0 ] E§/ 0- a 0) m E ° J £ £ z M 3 3 0 2 / 0 k c_trl 0. A 2 = = / \ ' z E d o_ 4- 0 -- % g § J J 0 2 5 ƒ o a C c) 0 m 2 ( 2 , . o kET 13 % J£ m ° 8 0 CD § $E 7 vb 0_ E & 2 R DSD E E o n 0 k 0- 13 - - k % . = - m % o k n , 2 7 2 } I ° 0 > -a 3 2 vl -I a) 0 \ vb 4—I. 0 i0:, ? f K 7 0 3 pr 0 3 VT <A $ / k 0 0 ■ 0 % ■ R E ° ® WORLD CLASS © CAPITAL GROUP IDENTIFYING OPPORTUNITY. Attachment 5 Page 35 of 82 WORLD CLASS 111 CAPITAL GROUP TAP HOUSE GRILL (proposed) Metropolitan Square I Des Plaines, IL $40,000 Capital Request - City of Des Plaines, IL ADDITIONAL INFORMATION Nate Paul Matt Kurucz IDENTIFYING OPPORTUNITY. Attachment 5 Page 36 of 82 IDENTIFYING OPPORTUNITY. Des Plaines, IL ADDICTIVE FOOT) 1 C:RFi\1 IVI BREWS SECTION 1 SECTION 2 SECTION 3 SECTION 4 Attachment 5 Page 37 of 82 EXECUTIVE SUMMARY IDENTIFYING OPPORTUNITY. at Attachment 5 Page 38 of 82 I Des Plaines, 1I. OVERVIEW World Class Capital Group, LLC (the "Sponsor") and WC Metropolitan Square, LLC (the "Owner") acquired MetropoPtan Square 'n downtown Des Plaines, IL (the "Property") 'n May 2012 after a lengthy deed -in -lieu process with the goal of revitalizing the Shopping Center through modifying and extending existing tenants' leases at current '-;arket ref s, employing an aggressive marketing ef`ert, and embarking on several strategic capital improvement projects. Since taking ownership of the Property, the Owner has successfully negotiated and completed the following new leases, lease modifications and lease renewals: Tenant 4._,Et. Term Type Elite Training & Fitness 11,619 0 yrs New Potbelly 1,958 10 yrs Renewal Chiro One Wellness Center 2,050 10 yrs Renewal Panera Bread Co. 4,014 8 yrs Extension Clinical Associates 9,792 5 yrs Renewal Clear Vision 1,093 5 yrs Renewal Dr. Bhandarkar 1,273 4 33 yrs Renewal Metro Tan 1,907 4 yrs Renewal While securing long-term commitments from all of t' es,.• tenants reflects positively on current ownership and the community alike, identifying the right tenant for the 6,720 square foot former "Cheeseburger in Paradise" restaurant space holds the key to restoring Metropolitan Square to the true "downtown focal point" it was intended to be. The Sponsor firmly believes that Tap House Grill is the deal fit for this space. Nevertheless, it will take a firm commitment from the City, the Owner and the Tenant to enable this deal to move forward. Attachment 5 Page 39 of 82 Des Plaines, 11 i L - g C75 tk\r.1 \\\\\\\\\ 1Metropolitan Way at.! \ \\\ \ \ - \ \ '061\ \ Ott 1.,$.14 -,•-• •-•T I t -; 't:tr'• . . ./If. Fi ... r -- t • r--- ( G. 1\ Lee Street 21.0.111 / i I A -I 00 Shop N' Save • 40,014 s.f. M ( 1 U•105 4NISI 7l -!"1IN •IIS 1.6111.fV • re- „.••••• blSI r r. 6 r aim Attachment 5 Page 40 of 82 TAP HOUSE GRILL IDENTIFYING OPPORTUNITY. ism Attachment 5 Page 41 of 82 Des Plaines, 11 TAP HOUSE O RILL: ABOUT US ADDICTIVE FOOD 1 CREATIVE BREWS TAP HOUSE GRILL is addictive food and creative brews. It is our mission to deliver quality products at a reasonable price with impeccable service to every guest who comes to enjoy the Tap House Grill experience. Though a combination of energetic, knowledgeable staff, a passion for fresh, creative dishes that shock thc taste buds, and the dynamic variety of craft beers, Tap House Grill is the local gathering place for any event. Tap House Grill is upscale -casual, our own soon-to-be famous oxymoron. Decp stained wood, warm exposed brick, plush banquettes, and a golden hue of lighting all cast an inviting, exciting and sophisticated atmosphere. The feel is casual, music for the masses, flat screen TVs in every sight line, and a huge wall of draft beer! A place where regardless of who you arc, what your profession is or even how you dress doesn't make a difference. The menu showcases traditional American "Gastro -Pub" fare featuring large portions and variety including trademark items such as the Drunken Shrimp, Meatball Panini, Key West Halibut and Kobe Beef Sliders or one of our many Mac and Cheese Plates. Our large selections of hand-crafted brews are a driving force for Tap Housc Grill. From the classics, to imports with a passionate focus on small -batch crafts IPA's, porters, saisons, and even 40 oz bombers. Our selection is creative enough to satisfy even the most obsessive "hop head". The beer selection is complimented by a wide variety of classic and signature martinis, cocktails and even Sprecher draft root beer. A wine list with a wide variety to appeal to every taste and price point completes thc final piece of the beverage program. The bartenders and servers will be the guests' guide. LOCATIONS St. Charles - Nov. 2006 3341 Main Street St. Charles, IL 60175 P: (630) 443-1664 l lam - Midnight (Sun) l lam - lam (Mon - Thurs) l lam - 2am (Fri - Sat) Plainfield - March 2011 24402 W. Lockport Street Plainfield, IL 60544 P: (815) 793-5540 Ilam - Midnight (Sun) l lam - lam (Mon - Thurs) Ilam - 2am (Fri - Sat) Glen Ellyn - Sept. 2007 411 Main Street Glen Ellyn, IL 60137 P: (630) 858-4389 Ilam - Midnight (Sun) l lam - lam (Mon - Thurs) llam - 2am (Fri - Sat) Highwood - July 2011 260 Greenbay Highwood, IL 60040 P: (847) 748-8695 11 am - Midnight (Sun) Ilam - lam (Mon - Thurs) l lam - 2am (Fri - Sat) Oswego -June 2008 123 Washington Street Oswego, IL 60543 P: (630) 513-0173 Ilam - Midnight (Sun) 11 am - lam (Mon - Thurs) 11 am - 2am (Fri - Sat) Lemont -Nov. 2012 1243 State Street Lemont, IL 60439 P: (630) 257-5992 Ilam - Midnight (Sun) 11 am - lam (Mon - Thurs) 11 am - 2am (Fri - Sat) Westmont - Dec. 2008 6010 S. Cass Avenue Westmont, IL 60175 P: (630) 4541-8840 11am - Midnight (Sun) Ilam - lam (Mon -- Thurs) Ilam - 2am (Fri - Sat) Palatine - Oct. 2013 (est.) Former "Mia Cucina"space Palatine, IL 60074 elm Attachment 5 Page 42 of 82 I Des Plaines, IL TAP HOUSE GRILL: BUSINESS PLAN TAP HOUSE GRILL = A professionally operated neighborhood restaurant and bar with an addictive'leer infused menu, a creative and vast selection of craft beer on tap served by knowledgeabte, friendly people in a warm and energetic atmosphere. The primary goal at Tap House Grill is "Total Guest Satisfaction." Target Guests. Professional, college-educated, s&ngle and married men and women ages 2S to SS with a medium house'iold income of $75,000 per annum. The majority of guests will live or work within 3 -mile radius ring of the restaurant. Focus is on business and casual lunch diners, couples, families, guys and girls night out, sports teams, and beer lovers who may actually brew their own beer at home also. 'Menu and Food Service: The menu is Modern American dassic. All plates and portion sizes arc generous and each item has stand-alone quality and outstanding perceived value. Appetizers are numerous and large eroug!i to share or enjoy as a meal. Sa'ads are oversized with several distinct Favor profiles. Sandwiches, wraps and Panini's are all come with several options from tater tots to fruit. Main courses are an awe-inspiring culmination of culinary greatness and creative plate presentation. Beverage Service: The focal point of the restaurant is the 40+ tap hcads featuring a wide range of hand-crafted beers. The beverage menu also includes call and premium spirits with American classic cocktails that are generously portioned and a wine list. The bar will be the beer drinker's classroom with lass conducted by Cicerone certified bartenders. Price Points: $3.49 to 816.48 with the average per head of 89.50 at lunch: average per head of $18.50 at dinner. Service standards: Service is brisk and professional yet personal, fun and without pretense. Staff in the front of the house are seasoned veterans with a proven ability to give superior service while not taking themselves too seriously. Music and entertainment: Recorded and programmed foreground music and videos specifically formatted to create comfort and energy is played over a high quality system. Plasma and projection TVs provide entertainment and most locations include a Golden Tee video game in the lounge area to enhance the room. m ei Attachment 5 Page 43 of 82 ' Des Plaines. IL TAP HOUSE GRILL: LEADERSHIP THE COMPANY LEADERSHIP TEAM Tap House Grill (THG) was founded in October 2005 by principals Mark Zych and Scott Ward with a vision to be a steadily growing and highly visible restaurant management company in the Chicagoland Suburban marketplace. Both are experienced restaurateurs, financial and growth strategists, and bring compatible areas of expertise to the company. With this solid management and creative base in place, THG's goal is to be a mainstay in the Chicagoland restaurant market. Scott Ward • Over 31 years of successful restaurant management experience in growing businesses and lowering costs throug! proven systems, procedures and detailed follow up. • Passionate ability to direct people to achieve tasks deemed insurmountable. • Vice President of Operations for Bar Louie and Restaurants -America, a multi -concept restaurant management company w:th over 65 units throughout the United States and 2009 sales of over $123MM. • Created and conceptualized numerous concepts and led Restaurants -America's strategic growth from 7 units in 1999 to 67 units spread over 6 concepts and 15 states in 2010. Instrumental in the franchising for Bar Louie and eventual sale of the Bar Louie brand. Mark Zych • 20 years of rcstaurant experience with 11 years of high volume management and 5 years of multi -unit operations supervision. • Opened 21 restaurants from 1997 to 2009. • Extensive experience in all facets of new rcstaurant openings, manager training programs, and bivcragc m:nu development. • A proven track record with ability to restructure business units and orchestrate new and innovative sales programs • Beverage Director, District Partner, Bar Louie America 2001 to 2005 ChefTodd Davies (`Tile Hoppy Chef") • 18 years of restaurant experience as a chef • Extensive chef training with Chicago greats including: Carlucci's, Mango, Grapes, R:.apsody, Tru, Hotel Monaco, and Rosebud. • Executive Chef at Rosebud, One North, Nick and Tony's, Grillroom, Bluepoint, and Jeff Conine's Grille. • Ciceron certified beer training with focus on Gastro -pub inspired creations • Opened 18 new restaurants from 2001 to 2009 Santino Patragas • 14 years of restaurant experience with 10 years of high-volume restaurant and bar management • 4 years of multi -unit supervision, with highest net profit of all regional managers. • Opened and operated 2 of Bar Louie's highest volume units • Successfully opened 12 new units • Experience in new restaurant openings, staff training programs, and beverage menu development. • Specializes in control costs and innovative sales programs • District Partner, Bar Louic America 2002 to 2005 Attachment 5 Page 44 of 82 FINANCIAL ANALYSIS & CAPITAL REQUEST IDENTIFYING OPPORTUNITY. w In Attachment 5 Page 45 of 82 1 Des Plaines, IL FINANCIAL ANALYSIS & CAPITAL REQUEST AI)I[Il11l'h Moll) , l KI.11111 BRAN', SUMMARY On behalf of the Tenant, the Owner is requesting an additional capital contribution from the City of Des Plaines above and beyond the 340,000 available in the Downtown Business Assistance Programs. The total projected capital requirement for the Des Plaines location is $712,000, of which the Owner is requesting a total City contribution of 380,000. OUR CES OF FUN Tap House Grill Contribution 5332,000 Landlord TI Contribution 5300,000 City of Des Plaines - Business Ass:et:mce Program 540,000 C ty of Des Plaines - Add" Contrib, Co' 840,000 i oral Sources of Capital 5712 000 Design / Permitting 515,000 Interior Bu Iduut 5180,000 Demolition 128.000 Millwork 1195,000 Paint 135,000 Mechanical (I I VAC) 510,000 Electrical 830,000 Plumbing 815,000 Floor & Bar Top 830,000 Misc 15,000 Alarm / Fre/ Life -Safety 82,000 GC • Overhead & Profit 830,000 Storefront/Awning/ Exterior Work 555,000 Masonry &Other Exterior Work 535,000 Awnmg & Signagc 820,000 Furniture, Fixtunrg & Equipment (FF&E) 8149,000 Artwork / Lighting 87,000 Audio/ Visual 825,000 Tables, Booths & Chairs 830,000 Point -of --Safe Systems 835,000 TV, Phone& Internet 82,000 Beer Tap System 130,000 Kitchen Equipment 110.000 Bar Equipment 110,000 Inventory - Required to Open 840,000 Payroll / Marketing / Cash - Required to Open 530,000 Legal / Licenses / Insurance 813,000 Other 830,000 Total Uses of Capital 5712,000 es. Attachment 5 Page 46 of 82 1 Des Plaines, IL FINANCIAL ANALYSIS & CAPITAL REQUEST TRP r ti 0 U 5 v A111 iIYF root) f•IRIAMI HRF1%,. q.z.:1L OWNER — CAPITAL ACCOUNT ANALYSIS The Owner reserved $1,000,000 at time of acquisition to cover all projected tenant improvements, leasing commissions ("TI / LC") and capital +mproverent projects. Many of the transactions completed to date have exceeded the allocated badgets for those particular tenant spaces and as such, have placed some pressure on the overall capital reserve account necessary to revitalize the Shopping Center. As noted below, the Owner is willing to contribute an additional $70,000 in excess of the allocation for the former Cheeseburger in Paradise space to enable the Tap House Grill deal to get done. Initial Balance $1,000,001} Capital -Improvement Protects ($128,679) Complete. Medical Office BL ilding Common Area Improvements ($53,679) Proposed Pylon Signage Revisions 075,000) 1'1 !LC: C ,mpleted Transact'ons ($431,089) A-202 Dr. Bhandarkar, M.D. ($30,149) A-300 CI?nical Associates ($131,270) B-104 Potbel:y ($7,930) B-106 Panera ($8,926) C 110 Chiro One Wellness Center $5,993 C -115A Clear Vision ($30,522) D 120 Elite Training & Fitness '$228,285) D•122 Metro Tan i0 1 1 / LC: Required for Remain Vacant Units (8144,431) TI / LC: Allocated for former 'Cbeeseburgerin Paradise ,8230,000) TI LC: Additional Contribution for Tap House Grill (870,000) 1 otal Remaining Capital Reserve Balance (84,199) pace Attachment 5 Page 47 of 82 COMPANY OVERVIEW IDENTIFYING OPPORTUNITY. Attachment 5 Page 48 of 82 Des Plaines, 11 COMPANY PROFILE World Class Capital Group, LLC is a leading private investment firm based in Austin, TX. The firm pursues opportunities in all U.S. markets and has a distinct focus on alternative investments, primarily real estate and private equity. World Class Capital Group targets opportunistic real estate investments across a broad range of asset types through single - asset and portfolio acquisitions, and is also an active acquirer of real estate debt. WCCG's primary focus is the acquisition of complex or undervalued real estate assets in which there is an opportunity to create value through repositioning, redevelopment, or leveraging our exceptional property and asset management platform to uncover underlying operational inefficiencies. In identifying potential investments, we tap the economic, technological, and social trends fueling future growth in order to expose prime real estate investment themes before they become customary in the market. Further, WCCG utilizes a conservative approach to leverage focusing first on basis and fundamental value before seeking to enhance returns with the addition of debt. WCCG's portfolio includes investments in office, retail, industrial, multifamily, self storage, and land. World Class Capital Group strictly adheres to a value -oriented investment strategy and seeks to exploit inefficiencies in the market by focusing on opportunities to acquire assets or enterprises that are undervalued, underperforming, complex or mispriced. We understand the market conditions that shape investment performance and we are dedicated to finding innovative financial solutions to deliver exceptional returns to our investors. WCCG employs an exhaustive analytical process in identifying potential investments. This process includes detailed assessments of key drivers n asset valuation including, but not limited to, the following: • Macroeconomic & Systemic Risk • Trends in Global and Domestic Capital Flows • Market Barriers to Entry • Macro & Micro Supply and Demand Dynamics • Competitive Advantage and Sustainability Through this detailed process, WCCG is able to leverage the firm's proprietary acquisition platform and proven operational strategics to provide our investors with superior risk-adjusted rcturns. The core philosophy behind our continued investment success is the discipline with which we approach every new opportunity. Discipline has also allowed us to stand firm on our valuations and acquire quality assets at attractive prices. Now, more than ever, potential real estate investments must be rigorously analyzed by sophisticated professionals who possess an unyielding discipline. Attachment 5 Page 49 of 82 1 Des Plaines, II. CONFIDENTIAL PROPERTY PROFILE DISCLOSURE This Property Profile has been prepared by :he Manager or Principals ("Manager") for use by a limited number of parties and does not purport to provide a necessarily accurate summary of the property or any of the documents related thereto, nor does it purport to be all-inclusive or to contain all the information which prospective investors may need or desire. All projections and analysis have been developed by the Manager and arc based upon assumptions relating to thc general economy, competition, changing market conditions and other factors beyond the control of the Manager, and therefore are subject to variation. No representation is made by the Manager as to the accuracy or completeness of the information contained herein and nothing contained herein is or shall be relied on as a promise or representation as to thc future performance of the property. Although the information contained herein is believed to be correct, the Manager disclaims any responsibility for inaccuracies and expect prospective investors to exercise independent due diligence in verifying all such infomiation. Further, the Manager, disclaims any and all liability for representation and warranties, expressed or implied, contained in, or for omissions from, the Property Profile or any other written or oral communication transmitted or made available to the recipient. The Property Profile does not constitute a representation that there has been no change in the business or affairs of thc property or owner since the date of preparation of the Property Profile. Analysis and verification of all the information contained in the Property Profile is solely the responsibility of the prospective investors. The Property Profile and the contents, except such information, which is a matter of public record or is provided in sources available to the public, are of confidential nature. By accepting the Property Profile, you agree that you will hold and treat it in the strictest confidence, that you will not photocopy or duplicate it, that you will not disclose the Property Profile or any of the contents to any other entity (except to outside advisors retained by you for your determination of whether or not to make an nvestment and from whom you have obtained an agreement of confidentiality) without the prior written authorization of the Manager and that you will not use the Property Profile or any of its contents in any fashion or manner detrimental to the interests of the Manager. mei Attachment 5 Page 50 of 82 Kane, McKenna and Associates, Inc. MEMO sU NcrthWarrer An'e r 312 444 Art 'rule 16^0 s 312.444 9052 f?i(r a.1.1iru.n 60505 TO: Alex Dambach Director of Community and Economic Development FROM: Kane, McKenna and Associates, Inc. DATE: May 9, 2013 RE: Tap House Grill Proposal 1) Background and Project Description The City of Des Plaines (the "City") has retained Kane, McKenna Associates, Inc. (KKtVIA) to review the proposal presented by Tap House Grill, or eniit•es formed by 't (the "Applicant" or "1 HG") regarding the retenanting of the former Cheeseburger in Paradise space located in Metropolitan Square (the "Project"). The P.ojec consists of an approximately 6,720 square foot space located in the Metropolitan Square redevelopment in the City's Downtown TIF District. The former use, Cheeseburger in Paradise, closed in Vfarch, 2011, and this space has been Vacant since that time. Attachment 6 Page 51 of 82 50 North r ve Y ' 2 4.4 102 Sjite 600 r ; 2 444 "52 !hcago .Iluto: 60606 Mr. Alex Dambach Page Two May 9, 2013 The App:icant currently leases and operates several Tap House Gri:1 restaurants in St, Char'es, Glen Ellyn, Oswego, Westmont, Plainfield, Highwood and Lemont, Illinois. Facilities have been in operat'on since 2006 and the newes` restaurant opened in 2012. Tap House Grill was founded in October 2005 by principals Mark Zych and Scott Ward with a vision to be a steadi:y growing and highly visible restaurant management company in the Chicagoland Suburban marketplace. Both are exper'enced :estaurateurs, and bring compatible areas of expertise to the company. With this management base in place, 'FIG s goal is to be a mainstay in the Chicagoland restaurait market Principals include: Scott Ward: Over 31 years of successful restaurant management experience in growing businesses and lowering costs .'iro..gh proven systems, procedures, and detailed follow up. Mark Zych. 20 years of restaurant experience with 11. years o: high volume management and 5 years of multi -unit operations supervision. Chef Todd Davies: 18 years of restaurant experience as a chef. Santino Patragas• 14 years of restaurant experience w'th :0 years o: high volume restaurant and bar management. Additional information regarding the princ:pa:s is included in their proposal submitted under separate cover 2) Project Description and Need for Public Assistance The Project properly consists of approximately 6,720 s.f, which would be leased to the restaurant operator. Overall project capital costs (ret of operating payments) are estimated to be S712,000 Pro:ect costs are: Design $ 15,100 Interior Buildout 380,000 Storefront 55,000 Furniture, Fixtures and Equipment (FF&E) 149,000 Other Costs 113.000 Total $712,000 P: ojec- costs sere compi.ed by the App ;c ,Tit and are included in Exhibit A. Attachment 6 Page 52 of 82 50 North Wacker 7r ve T 312.444. 1702 Saii 600 F 312. 444 4057 Chicago I sols 60606 Mr. Alex Dambach Page Three Ma) 9, 2013 Rehabilitation costs are generally very specific to the type of structure renovated and the scope of work undertaken. Similarly, restaurant fixturing is specialized and dependent on the type of operations proposed. City participation would be best served by: (i) reimbursement of costs (rather than direct payment) and (ii) limited to base bui:d:ng =movements rather specialty items. Projected funds for the Project are. Tap House Grill $332,000 Landlord Tenant Improvement 300,000 City Business Assistance Program 40,000 :IT Incentive 40,000 Total Sources $712,000 The Applicant proposes an American "Gastro Pub" operation similar to the locations identified previously. '1 he restaurant will include a fill menu with several trademark items, hand crafted beers, cocktails, and wine. A ten year lease is proposed with two five year options for renewal. The Landlord Tenant Improvement (TI) commitment is based upon the landlord's capital reserve allocated to var'ous tenants within the Metropolitan Square and exceeds the allowance by $70,000 in order to allow for occupancy of a key space. The Applicant is limited by its requirements to fund working capital and achieve a reasonable return. the City assistance is required to: (i) Reduce upfront costs of significant retro -fitting associated with a vacant facility. (ii) Reduce ongoing operating expenses in order to provide adequate cash flow for restaurant operations and allow for start up in the market. Review of the Applicant's business projections indicates that an increased contribution of $80,000 would result in an additional investment in the initial year and potentially impact the initial profit. Attachment 6 Page 53 of 82 50 North Wacker Drive Sint 1600 Znicago60606 Mr. Alex Dambach Page Four krill May 9, 2013 T372 444.1702 x312 444.9052 Res`aurant operating expenses as forecast by the Applicant appear to be within industry ranges as a percentage of sales. The landlord would appear to amortize the tenant improvements over the lease term and this results in a rent rate near $30/s.f. 3) City Funding Options The Project is located in the Downtown TIF 1, and would qualify for the Business Assistance Program — but the funding cap is $40,000. The Applicant is requesting an additional $40,000 payable from the City's TIF fund. The preliminary tax projections telow assume the City's recoupment of the investment t' tough pa}ment of City sales and food and beverage taxes. Projected City Sales Tax and Annual Sales Year Annual Sales Food/Beverage Tax Taxes 1 $1,850,000 3% $ 55,500 2 1,930,000 3% 57,900 3 1,969,000* 3% 59,070 4 2,008.000 3% 60,240 5 2,049,000 3% 61 470 Total $294,180 * 2% growth after Year 2 Attachment 6 Page 54 of 82 ion ISO Non ',Wacker°rme T 312 444 702 Su to 1600 r 312 444 9052 CI i go Flim ; 606:•6 Mr. Alex Dambach Page Five May 9, 2013 4) Summary Restaurant operations historically are part of a very volatile market environment. Success rates for new operations are very low but the Applicant has demonstrated experience in this segment of the market (neighborhood bar and gri;'. concept). The Applicant is requesting S80,000 to be paid upfront (although as a reimbursement once construction work is completed). Some observations relating to the Appl'cant's proposal follow. PROS 1) Experienced restaurant operators with a track record. 2) Applicant and landlord are expected to fund approximately 89% of development costs. 3) The Project could generate a significant amount of food and beverage and sales taxes annually. 4) Ten new permanent jobs and twenty five part time jobs are forecast by the Applicant 5) The Project results in the significant renovation of underutilized space at a prominent location. 6) The restaurant could serve as a destination point and result in spin off development, if successful. 7) Although the Project is part of a larger facility, the reoccupancy could serve to increase property taxes associated with addressing ongoing vacancies attributable to the property (but it is difficult to estimate the exact contribution). CONS ') Restaurants are very risky in tenns of success rates but it is our understanding that the City would negotiate a "clawback" based on years in operation before closing, which could allow the City to recoup its investment. 2) Applicant cash equity is most .ikely limited given multiple operations. Attachment 6 Page 55 of 82 I50 North Wacker Drive S� IPIt00 h ego nes 6060s Mr. Alex Dambach Page Six May 9, 2013 r 312 444 1702 r 312 944 9052 The redevelopment agreement would need to address issues related to conditions associated with upfront funding (timing of payment, review of costs, ete.) as well as conditions that govern the reimbursement. redevelopment agreement, as drafted, cou?d address items related to (examples only): a) a subordinate mortgage tied to City tax receipts associated with annual payments: b) annual review of Applicant fnancial conditions; and c) the structure of "clawback" provisions — it is our understanding that this has been reviewed. KMA is not providing an assessment of the retail market or the Applicant's assessment of the Downtown market. Representations by the Applicant as to restaurant sales have been utilized herein based on our review of industry comparables. To the extent the City desires to evaluate valuations or sales forecasts in more detail, appropriate professionals can be retained. KMA's assignment relates to the overall review of the Applicant proposal and its reasonableness in relation to the request for public assistance. In addition, no review is made relating to parking, zoning or planning issues, which would separately be reviewed by City staff. Cient Folders\Des Plaines\Tap House Grill Rnview\Correspondence\Memo to Dambach 05.08,13 doc Attachment 6 Page 56 of 82 EXHIBIT A PROJECT BUDGET Attachment 6 Page 57 of 82 50 North Wacker Drive Su .e 600 ChicJgo, !lino s 60606 Uses of Funds Design/Permitting Interior Buildout Demolition Millwork Paint Mechanical (HVAC) Electrical Plumbing Floor & Bar Top Misc. AlarmlFire/Life Safety GC - Overhead & Profit Storefront/Awning/Exterior Work r 312 444 1702 F312 444 9057 $28,000 195,000 35,000 10,000 30,000 15,000 30,000 5,000 2,000 30,000 Masonry & Other Exterior Work 35,000 Awning & Signage 20,000 Furniture, Fixturing & Equipment (FF&E) Artwork/L ghting Audio/Visual Tables, Booths & Chairs Point -of -Sale Systems TV, Phone & Internet Beer Tap System Kitchen Equipment Bar Equipment inventory - Required to Open Payroll/Marketing/Cash - Required to Open 1.e y=1/Licenses/Insurance Other Total Uses of Capital 7,000 25,000 30,000 35,000 2,000 30,000 10,000 '0 000 $15,000 380,000 55,000 149,000 40,000 30 000 13.000 30,000 712100 Attachment 6 Page 58 of 82 Cir, Of DES PLAINES ILLINOIS City of Des Plaines Community Development Planning & Zoning Division 420 Viler Street Des P a nes 60016 Te 847-391-5306 Fax: 847-827-2196 MEMORANDUM Date: May 14, 2013 To: Honorable Matthew Bogusz, Mayor City Council From: Jim Ulett, Chairman of Economic Development Commission (ED Cc: Alexander Dambach, AICP, PP. Director of Community and Economi Development Chan Yu, Associate Planner Subj: Tap House Grill Downtown Business Assistance Program Proposal EDC Recommendation Dear Honorable Mayor and City Council, At the EDC meeting on May 13, 2013, Tap House Grill Principals Mr. Scott Ward and Mr. Mark Zych gave a presentation for their Downtown Business Assistance proposal to the EDC. Mr. Ward and Zych reviewed their industry history, work experience and aspirations for the location in Metropolitan Square. Both were able to answer questions and concerns from board members. Staff from the Metropolitan Square property management company, Mid-America, were also present to answer any questions. A discussion with the EDC, City staff and Officials followed the presentation. Given the above, the EDC members present voted unanimously to support the $80,000 capital improvement proposal through the Des Plaines Downtown Business Assistance Program for the former Cheeseburger in Paradise space. Attachment 7 Page 59 of 82 CITY of rowelviistia DES PLAINES ILLINOIS DRAFT Minutes of Meeting Economic Development Commission May 13, 2013 Cali to order: City of Des Plaines Office of the Mayor 1420 Miner Street Des Plaines, IL 60016 Tel 847-391-5301 Fax. 847-391-5378 Chairman Ulett called the meeting to order at 7.36 A.M. on Monday for a special case meeting, May 13, 2013, in Des Plaines City Hall 1420 Miner Street/Northwest Hwy, Room 101. Approval of Minutes: April 25, 2013 meeting A Motion was made by Malcolm Chester to approve t -le meeting minutes for April 25, 2013. The Motion was seconded by Jin Lee. Mot on passed by unanimous voice vote. MOTION CARRIED Members Present: Jim Ulett, Richard Grosse, Malcolm Chester, Chan Yu, Jin Lee, Christen Osowski, Cortney Anderson. Patrick Devaraux, Dick Sayad, Barbara Ryan, Matthew Bogusz, Patricia Haugeberg, Alex Dambach Members Absent: Also Present: Scott Ward and Mark Zych, Owners of Tap House Grill, Jennifer Tammen, Owner of The Tammen Group, Andrew Becker and Peter Caruso, represent MidAmerica Landlord out Austin, Texas Old Business: a none New Business: a New Restaurant business project for Market Square location. Attachment 7 Page 60 of 82 Director of Community Development Alex Dambach gives an overview of the new businesses that are in project at Metropolitan Square, that being a gym and a restaurant. The gym has already started remodeling. The new applicant for Metropolitan Square is Tap House Grill restaurant. The Owners are currently opening their 8th location and would like to have the 9th in Des Plaines. They would like to open in time for football season. Negotiation has been finalized with the management company for Metropolitan Square and will take over the 6,000 square foot plus space that was formerly occupied by Cheese Burger Paradise restaurant. With this new business, Metropolitan Square will make a comeback and bring the occupants load up to about 40%, which is what it used to be. Alex introduces the Owners of the Tap House Grill restaurant, Scott and Mark; they gave an introduction of themselves and their business model. Scott and Mark passed out menus from their existing restaurants They gave a brief history of their back ground in restaurant experience and personal development in their careers. They mentioned that they were interested in the loca}ion at Metropolitan Square with incentives provided by the City of Des Plaines, EDC Chairman James Ulett asks if there were any questions for Scott and Mark. Patrick Devereaux asked if they have an exit strategy plan. Scott's reply was that they always dol 0 year leases and have a stable gross strategy by opening 1-2 units a year. Barbara Ryan asked if all their locations are doing well. Scott replied, unbelievably. Economic down turn last year they were up 16.1%, the year before that they were up 12%, and the year before that they were up 10%. They are involved with the communities that they are established in. A Committee member commented, your architect said this is a good location for you, and asked why he feels that way? Scott replied he thinks there is a desperate need in this town for a mid -scale restaurant and that the economics is getting better and that all the restaurant necessities are available in the location. Barbara Ryan asked how long of a lease are they looking to sign? Scott answered a 10 year or a 2-5 year lease, and then Mark mentioned 20 years. A Committee member asked, what are your hours? Scott answered, Monday through Thursday 11 am to 1 am, Friday and Saturday 11 am to 2am, and Sunday 11 am to m!dnight. Jin Lee commented, job creation and retention is critical for our City of Des Plaines and he would like to see a solid business come in. Regarding job forecast of 10 permanent jobs and 25 part-time jobs, how does that work in a business with a 6,000 square feet estaurant? Can you accommodate more or less? Scotts reply was that they are projecting about a million eight in sales and based on those revenues and other models they have, that's typically 10 full time employees ana 25-35 new employees. Payroll is half Attachment 7 Page 61 of 82 a million to 550 a year that puts it around 28% give or take. Their labor force 70% to 80% will come from local community. Jin Lee asked will they hire right away. Scott said, yes they are they looking to hire managers now. James Ulett clarified the terms of the lease and confirmed they will be long term residency in Des Plaines. Mayor Matthew Bogusz asked where have you found your calling for your resources. Scott answered 80% is locally driven. Mayor Matthew Bogusz asked, if they had a rough idea in their first year what they will invest in advertising? Mark said 4% will be invested. A lot of their time is spent in the community like street festivals. They do a door to door program approach. They don ` do radio, TV or billboards. They would like to open by mid-September. City Manager Michael Bartholomew reviews bullet points on the application: 1. A restaurant location that needs to be filled 2. The Landlord is putting in 300,000 in capital 3. The Tenant is putting in 322,000 in capital improvements 4. The City of Des Plaines was asked for 80,000 in capital improvement 5. Long term lease, 10 year with a 2-5 year option 6. Apply the 5 year claw back clause Richard Grosse asked is each restaurant an independent LLC? Scott replied, yes. He then asked if the restaurant fails, will the claw back really do the City any good if they go bankrupt? Scott reply's that he personally will sign for the agreement that will be drafted by attorneys. Barbara Ryan asked will this location become a franchise? Scott answers, No. Alderman Patricia Haugeberg commented on the demographics and the benefits of having a restaurant in the condominium area of Metropolitan Square Jin Lee is reiterating that the Tap House Grill is asking for 80,000 from the City Half of TIF incentive is 40,000 and the other 40,000 is the City Business Assistance Program Funding. Do we have the monies put away? Alex replies all of it is coming out of the TIF account. Scott sad they will apply the monies for the TIF req ..:,rements Jin Lee stated that he hopes that they can look into companies in the City of Des Plaines for construction of the redeve`opment like contractors, sign companies, advertising companies and so forth. Scott replied they do their own printing and a lot of the business with the locals. Malcolm Chester asked if they w 11 have their manager heavily involved in the community? Scott replied that their general manager is their ambassador. Attachment 7 Page 62 of 82 James Ulett asked, if there were any more questions? Mayor Matthew Bogusz wants to insure that all funding is not going to be exhausted for the next business that wants to invest. Andrew Becker and Peter Caruso introduced themselves as representative's landlords of Austin, Texas. They are with Mid America who handles the lease on behalf of worldwide. A Motion was made by Jin Lee to approve the support for the City Council. The Motion was seconded by Richard Grosse. Motion passed by unanimous voice vote. MOTION CARRIED b. Review of Committees James Ulett visited the oldest business JB Metal Work and the newest business American Eagle in town with Mayor Bogusz and the City Manager Members in Marketing Committee: Jin Lee, Malcolm Chester James mentioned that there is an opening in the Marketing Committee and needs to be addressed. Members in Business Retention Committee: Courtney Anderson Washer, Barbara Ryan, Christen Osowski, and Patrick Devereaux Members in Incentive Committee: Richard Grosse, Rapp, and Coheart James Ulett said Jan will get a list of all the businesses in Des Plaines and that we need to come up with a game plan to visit businesses for business retention. Alex commented that he is excited to get the business retention on its way and would like to set up guide lines by the next meeting. Barbara Ryan pointed out that if visiting two businesses a month and there are over 3 000 businesses in Des Plaines, How long would it take? James Ulett suggested leaving it up to the Business Retention Committee to coordinate the visits with the businesses. Barbara Ryan stated she would like a follow through when businesses are visited and request assistance from the City. James Ulett suggested that after visiting the businesses, Attachment 7 Page 63 of 82 bring it up for the meetings and have a report on every business, bullet points on the table, they will be recorded, have staff present, and make sure that it's executed. Alex suggested setting up a kick off meeting for each of the committees. He will need to call for meetings more often. James Ulett mentioned they have entered into agreement with a group called The Tammen Group. The Tammen Group is to assist in the economic development in research and help us along with business retention. The Tammen Group was approved by City Council last week. Jennifer Tammen introduced herself and her company, The Tammen Group. She gave an overview of how her company can help with Community Development and retention with the City. She mentioned that Alex and she will meet afterwards to move on with putting a contract together, put a steering committee together, and work with resources that already exist and maximize them. Alex wants the Marketing Committee to meet so they can schedule a meeting to discuss things like printing materials and things of that nature. Jin Lee mentioned about the Marketing Committee and wanted to add to start the business educational workshop and to coordinate once a month free business workshops. Alex can ask the inspectors, because the inspections for the businesses have ongoing issues and concems. He suggested maybe to have annual workshops as well. James Ulett asked if there were any other comments on the committees. Richard Grosse asked when are other committees going to start? Alex replied, after the kick off meeting with Jennifer Tammen, he wants to call the Incentive Committee for a meeting particularly with Jennifer to discuss an overall incentive philosophy, approach, strategy. He will set up a meet'ng for all three committees. His goal is that the meeting will happen by the end of next week. James Ulett asked if there were any other comments for the commissions? Barbara Ryan asked when will Tap House Grill go before Council? Alex answered June 3' he hopes A'ex mentioned that World Class will be present for Council meeting. James Uiett commented that other tenants in the Metropolitan Square are very excited that Tap House Grill restaurant is coming in because they understand it will benefit their businesses. Barbara Rya,i asked will there be a letter to Council regarding the commission's support? James Ulett passed an example letter that would be sent to the Mayor and City Council stating if the commission is in favor or not in favor. James Ulett mentioned last point of information is there is two possible new members for the EDC and that letters will go out to the Mayor. Associate Planner Chan and I have reviewed membership roster. He noted that they are three members short and is asking if there are any business associates that they can recommend to bring to full staff. Attachment 7 age 64 of 82 James Ulett asked if there were any other comments. There were none. Meeting was adjourned by Chairman Ulett at 8:46 A.M. Respectfully submitted, Galaxia Hernandez, Recording Secretary Approved on , 2413, by: James Ulett, Chairman Afachmert 7 Page 65 of 82 CITY OF DES PLAINES RESOLUTION R - 101 - 13 A RESOLUTION APPROVING AN ECONOMIC INCENTIVE AGREEMENT FOR THE TAP HOUSE GRILL 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 is authorized under the provisions of the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/74.4-1 et seq., as amended ("TIFAct") to finance redevelopment projects and provide economic incentives in accordance with the requirements of a duly approved redevelopment area plan and project; and WHEREAS, The City provides reimbursement of certain qualifying redevelopment costs for properties located in TIF District #1 through its Business Incentive Program, Facade Rehabilitation Program and Awning Initiative ("Business Assistance Program"); and WHEREAS, Tap House Grill of Des Plaines, LLC and Scott Ward (collectively, the "Developer") intend to lease and redevelop a retail storefront in the Metropolitan Square Shopping Center as a restaurant; and WHEREAS, the property to be redeveloped consists of an approximately 6,720 square foot retail space located at 1427 Market Street ("Property") which has been vacant since 2004; and WHEREAS, the Developer's proposed use of the Property will generate food and beverage tax revenues for the City; and WHEREAS, the Developer and the property owner World Class Capital Group (WCCG) intend to invest in significant tenant improvements to the Property, including facade and awning improvements and a complete remodeling of the interior space of the Property totaling over $700,000; and WHEREAS, the Developer has requested that the City provide funds through the Business Assistance Program as well as additional funds directly from the TIF District #1 Special Tax Allocation Fund, in a total amount not to exceed $80,000, to assist in the redevelopment of the Property; and WHEREAS, the Economic Development Commission met on May 13, 2013 to consider the Developer's request and recommended that the City provide the requested funds to the Developer subject to a condition that the Developer be return a portion of the funds if the proposed restaurant closes after less than five years; and Attachment 8 Page 66 of 82 WHEREAS, there is sufficient tax increment revenue in the Special Tax Allocation Fund to pay for the reimbursement requested by the Developer; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into an economic incentive agreement ("Agreement") with the Developer to provide the requested funds for the purpose of assisting in the redevelopment of the Property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: APPROVAL OF AGREEMENT. The City Council hereby approves the Agreement in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute and seal, on behalf of the City, the final Agreement only after receipt by the City Clerk of at least two executed copies of the Agreement from the Developer; provided, however, that if the City Clerk does not receive such executed copies of the Agreement from the Developer within 60 days after the date of adoption of this Resolution, then this authority to execute and seal the Agreement shall, at the option of the City Council, be null and void. SECTION 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 , 2013. APPROVED this day of _ _ _ _ , 2013. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman., General Counsel Attachment 8 Page 67 of 82 THIS INSTRUMENT PREPARED BY: Peter M. Friedman Holland & Knight LLP 131 S. Dearborn Street 30`h Floor Chicago, Illinois 60603 AFTER RECORDING RETURN TO. Recorder's Box This Space for Recorder's Use Only ECONOMIC INCENTIVE AGREEMENT (1427 MARKET STREET - TAP HOUSE GRILL) THIS AGREEMENT is made this _ day of , 2013 by, between, and among the CITY OF DES PLAINES, an Illinois home rule municipality ("City"), [TAP HOUSE GRILL DES PLAINES, LLGJ, an Illinois limited liability company ("THG"), and SCOTT WARD, an individual ("Ward') (THG and Ward are referred to herein collectively as "Developer"). RECITALS A. The Developer intends to enter into a ten year lease for a retail storefront within the City's Metropolitan Square Shopping Center, legally described in Exhibit 1 to this Agreement and commonly known as 1427 Market Street, Des Plaines, Illinois ("Property"). The Property consists of an approximately 6,720 square foot retail space formerly occupied by a restaurant which has been vacant since 2004 B. The Developer intends to redevelop the Property as a restaurant which will operate under the name "Tap House Grill." C The Developer's proposed use of the Property will generate food and beverage :ax revenues for the City. D. The Developer and World Class Capital Group, LLC, the owner of the Met-opolitan Square Shopping Center ("WCCG") intend to invest in significant tenant improvements to the Property, including facade and awning improvements and a complete remodeing of the interior space of the Property totaling over $700,000. Page 68 of 82 E. The City is authorized under the provisions of the TIF Act to finance redevelopment projects and provide economic incentives in accordance with the requirements of a duly approved redevelopment area plan and project. F. The Property is located in TIF District #1 which was established and designated pursuant to and in accordance with the TIF Act and the TIF Ordinances. G. The Redevelopment Area Plan and Project for TIF District # 1 authorizes the use of TIF Funds for low interest redevelopment loans and grants and other forms of developer incentives. H The City provides reimbursement of certain qualifying redevelopment costs for properties located in TIF District #1 through its Business Incentive Program, Facade Rehabilitation Program, and Awning 'nitiative ("Business Assistance Program") The Developer has requested that the City provide funds through the Business Assistance Program as well as additional funds directly from the TIF District #1 Special Tax Allocation Fund, in a total amount not to exceed $80,000, to reimburse the Developer for certain redevelopment expenses as provided in this Agreement J. The Economic Development Commission of the City met on May 13, 2013 to consider the Deve;oper's request and recommended that the City provide the requested funds to the Developer in accordance with the term and conditions of this Agreement. K. The City has determined that the improvements to the Property proposed by the Developer qualify as eligible redevelopment project costs under the TIF Act and the Redevelopment Area Plan and Project. L. There is sufficient tax increment revenue in the Special Tax Allocation Fund to satisfy the City's obligations under this Agreement. M. The City has determined that it would serve the best interest of the City and the public to enter into an agreement with the Developer to provide the requested funds for the purpose of assisting in the redevelopment of the Property. NOW, THEREFORE, 'n consideration of the recitals and the mutual covenants and agreements set forth in this Agreement, and pursuant to the statutory authority cited above, the parties hereto agree as follows: Section 1. DEFINITIONS; RULES OF CONSTRUCTION. A. Definitions. Whenever used in this Agreement, the following terms she have the fo'lowing meanings unless a different meaning is required by the context Abandonment': The Deve oper ceasing to occupy the Property or operaie a Tal H^ .se =rill restaurant therein. 'Claw Back Period'. A fve year period commencing on the Date of Occupancy. ' Date of Occupancy': The date the City first issues a certifcate of occupancy, whether temporary or fina , to the Developer for the Property. Page 69 of 82 "Effective Date": The date of execution of this Agreement by all parties hereto, which date shall be deemed to be the date set forth in the first paragraph of Page 1 of this Agreement. "Eligible Project Costs": Costs associated with the construction of the Improvements that qualify as "Redevelopment Project Costs" under the TIF Act. "Improvements': Those improvements to be constructed as part of the redevelopment of the Property for which the Developer is requesting partial reimbursement, as specifically set forth in Exhibit 2 attached to this Agreement. "Property": That certain retail storefront space, consisting of approximately 6,720 square feet located at 1427 Market Street in the City of Des Plaines, Illinois, and legally described in Exhibit 1 attached to this Agreement. "Redevelopment Area Plan and Project": The "Amended Tax Increment Redevelopment Area Amended Plan and Project," approved by Ordinance No. M-72-94, adopted November 9, 1994, and amended by Ordinance No. M-25-97, adopted April 14, 1997. "Reimbursement Funds": Those funds, not to exceed $80,000, to be paid by the City under this Agreement to the Developer as reimbursement for costs the Develope- incurs in the construction of the Improvements. "Requirements of Law": All applicable federal, state, and City laws, statutes, codes, ordinances, resolutions, rules and regulations. "Special Tax Allocation Fund": City Budget Accounts (Nos. 201-00-000-0000 6601 and 201-00-000-0000 6620) that receive tax increment revenue from TIF District #1. "TIF Act: The Tax Increment A!focation Redevelopment Act, 65 ILCS 5/74.4-1 et seq., as amended. "TIF District #1": The redevelopment project area designated by the City under the authority of the TIF Act and the TIF Ordinances. "TIF Ordinances": Ordinance No. M-23-85, adopted July 15, 1985, Ordinance No. M- 29-85, adopted August 5, 1985; Ordinance No. M-68-86, adopted December 15, 1986; Ordinance No. M-69-86, adopted December 15, 1986; Ordinance No. M-18-87, adopted June 1, 1987; Ordinance No. M-34-92. adopted September 8 1992; Ordinance No. M-72-94, adopted November 9, 1994; Ordinance No. M-25-97, adopted April 7, 1997; Ordinance No. M-19-01, adopted April 2, 2001; Ordinance No. M-21-01, adopted April 2, 2001; and Ordinance No. M-20- 01, adopted April 2, 2001. B. Rules of Construction. Recitals The rec to s set forth above are material to this Agreement and are hereby ,corporated n and made a part of this Agreement. 2. Grammatical Usage and Construction. In construing this Agreement, pronouns inc'ude all genders and the plura includes the singular and vice versa. EXHIBIT A Page 70 of 82 3. Headings. The headings, titles, and captions in this Agreement have been inserted only for convenience and in no way define, limit, extend, or describe the scope or intent of this Agreement. 4. Calendar Days. Unless otherwise provided in this Agreement, any reference in this Agreement to "day" or "days" shall mean calendar days and not business days. If the date for giving of any notice required to be given, or the performance of any obligation under this Agreement falls on a Saturday, Sunday, or federal holiday, then the notice or obligation may be given or performed on the next business day after that Saturday, Sunday, or federal holiday. SECTION 2. DEVELOPER OBLIGATIONS. A. Preconditions on Redevelopment. Pr'or to commencing work on the Improvements, the Developer must do each of the following. 1. Provide the City with evidence, satisfactory to the General Counsel for the City, that THG has entered into a valid and effective lease w:th WCCG for the Property with a term of no less than ten years. 2 Provide the City w:th evidence, satisfactory to the City Manager, that the Deve'oper has received no less than three bids for each component of the 'mprovements. 3. Submit a complete application to the City for a Business Registration Certificate to operate a restaurant on the Property. B. Construction of Improvements. The Developer may undertake, conduct and complete the construction of the Improvements only in accordance with the following conditions: 1. The Developer will obtain all necessary bui:ding and/or construction related permits from the City. 2. The Developer will cause the construction of the Improvements to be completed in accordance with all plans approved by the City and the Requirements of Law. 3. The Developer will cause the construction of the Improvements to be completed no ater than 180 days after the Effective Date of this Agreement. One 180 -day extension will be perm?tted with the consent of the City Manager. 4. Any changes to the design of the Improvements after the City has issued permits for the Improvements must be reviewed and approved by the C'ty's Community and Economt Development Department 5. Upon completion of the Improvements, the Developer will request that the City inspect and approve the Improvements to confirm that they have been constructed in compliance with the approved plans, including changes permitted pursuant to Section 2.B.1 of this Agreement, and the Requirements of Law. Page 71 of 82 C. Application for Payment. After the City has inspected and approved the Improvements, the Developer may submit a single application for payment of the Reimbursement Funds in a form approved by the City. The application for payment must be accompanied by receipted invoices, cancelled checks, or other proof of payment demonstrating that the Developer has paid for such costs, as well as final waivers of lien from all contractors, subcontractors and suppliers who have performed work or contributed to the Improvements establishing, to the reasonable satisfaction of the City, that no lien, or right to file a lien, exists in favor of any person for or by reason of any equipmentmaterial, supplies or other item furnished, labor performed or other thing done in connection with such work. D. Operation of Restaurant. After the Date of Occupancy, the Developer will operate a restaurant on the Property in full compliance with the Requirements of Law, including all liquor control ordinances of the City. The Developer's fai'ure to comply with the Requirements of Law during the Claw Back Period shall be considered an Abandonment of the Property and will grant the City the right to request return of the Reimbursement Funds pursuant to Section 2.E below. E. Return of Reimbursement Funds. In the event that the Developer takes any action resulting in the Abandonment of the Property at any time during the Claw Back Period, the Developer will pay the City the following amounts. 1. if Abandonment is prior to the first anniversary of the Date of Occupancy, an amount equal to 100% of the Reimbursement Funds; 2. if Abandonment is on or after the first anniversary of the Date of Occupancy but before the second anniversary of the Date of Occupancy, an amount equal to 80% of the Reimbursement Funds; 3. if Abandonment is on or after the second anniversary of the Date of Occupancy but before the third anniversary of the Date of Occupancy, an amount equal to 60% of the Reimbursement Funds; 4 if Abandonment is on or after the third anniversary of the Date of Occupancy but before the fourth anniversary of the Date of Occupancy, an amount equal to 40% of the Reimbursement Funds; and 5 if Abandonment is on or after the fourth anniversary of the Date of Occupancy, but prior to the fifth anniversary of the Date of Occupancy, an amount equal to 20% of the Reimbursement Funds. The Deve oper w' I pay the City the amounts required by this Section 2 E no later than 30 days after Abandonment. The payment obligations during the Claw Back Period as set forth in this Sect on 2.E app.y collectively and individually to THG and Ward, and THG and Ward are jointly and severally liable for these obligations. SECTION 3. CITY OBLIGATIONS A. Reimbursement Funds. The City will reimburse the Developer for Eligible Project Costs associated with the following categories of Improvements as more fully set forth in Exhibit 2 to this Agreement: EXHIBIT A Page 72 of 82 1. 26% of the value of the Millwork Improvements actually constructed in an amount not to exceed $50,000.00. 2. 50% of the value of the Exterior Facade Improvements actually constructed in an amount not to exceed $22,500.00. 3. 75% of the value of the Awnings/Signage Improvements actually constructed in an amount not to exceed $7,500.00. The City will only be obligated to pay Reimbursement Funds for Improvements actually constructed and approved. In no event will the City be obligated to pay the Developer Reimbursement Funds in excess of $80,000.00. B. Payment of the Reimbursement Funds. 1. Upon receiving an application for payment complying with the requirements of Section 2.0 of this Agreement from the Developer, the City wit' promptly review the application a:ong with all associated documentation to determine its completeness and authenticity. 2. If the City determines that the application for payment is complete and authentic, the City wil, issue a check to the Developer for the Reimbursement Funds within 30 days 3. If the City determines that the Developer's application for payment is incomplete or inaccurate, the City may request that the Developer correct or supplement the application for payment. SECTION 4. NATURE, SURVIVAL AND TRANSFER OF OBLIGATIONS. All obligations assumed by the Developer under this Agreement shall be binding upon THG and Ward both collectively and individually, upon any and all of the Developer's successors and assigns. To assure that all such successors and assigns have notice of this Agreement and the obligations created by it, the Developer shall, from and after the Effective Date: A. Deposit with the City Clerk, concurrent with the City's approval of this Agreement, any consents or other documents necessary to authorize the C'ty to record this Agreement with the Office of the Cook County Recorder of Deeds; B. Notify the City in writing at least 30 days prior to any date upon which such party transfers a legal or beneficial interest in any portion of t. -ie Property to any party not a party to this Agreement; and C Incorporate, by reference this Agreement nto any and all real estate saes contracts entered into for the sublease of all or any portion of the Property to any party not a party to this Agreement. Page 73 of 82 SECTION 5. LIABILITY AND INDEMNITY OF CITY. A. City Review. The Developer acknowledges and agrees that the City is not, and shall not be, in any way liable for any damages or injuries that may be sustained as the result of the City's review and approval of any plans for the Property or the Improvements, or the issuance of any approvals, permits, certificates, or acceptances, for the development or use of the Property or the Improvements, and that the City's review and approval of any such plans and the Improvements and issuance of any such approvals, permits, certificates, or acceptances does not, and shall not, in any way, be deemed to insure the Developer, or any of its heirs, successors, assigns, tenants, and licensees, or any third party, against damage or injury of any kind at any time. B. City Procedure. The Developer acknowledges and agrees that all notices, meetings, and authorizations have been properly given and he'd by the City with respect to the approval of this Agreement and agrees not to challenge such approval on the grounds of any procedural infirmity or of any denial of any procedural right. C. Indemnity. The Developer agrees to, and does hereby, hold harm'ess and indemnify the City and all City elected or appointed officials, officers, employees, agents, representatives, engineers, and attorneys, from any and al' claims that may be asserted at any time against any of such parties in connection with (i) the City's review and approval of any plans for the Property or the Improvements; (ii) the issuance of any approval, permit, certficate or acceptance for the Property or the improvements; (iii) the deve'opment, construction, maintenance or use of any portion of the Property or the Improvements; and (iv) the payment of the Reimbursement Funds to the Developer. D. Defense Expense. The Developer shall, and does hereby agree to, pay all expenses, including legal fees and administrative expenses, incurred by the City in defending itself with regard to any and all of the claims referenced in Subsection 5.0 of this Agreement. SECTION 6. TERM. The provisions of this Agreement shall run with and bind the Property. and shall inure to the benefit of, and be enforceable by, the City, THG, Ward and any of their respective legal representatives, heirs, grantees, successors, and assigns, from the date this Agreement is recorded and until the sixth anniversary of the Date of Occupancy. Notwithstanding anything to the contrary in this Section 6, the Developer's indemnity and defense oVgations as set forth in Section 5 of this Agreement shall survive the expiration of the term of this Agreement. SECTION 7. REPRESENTATIONS, COVENANTS, AND WARRANTIES. A. Tap House Grill Des Plaines, LLC. THG represents warrants, and covenants, as of the date of this Agreement, that: THG is an I linos Iim ted liabi ity company du y organized validly existing, qL:a ified to do business `n Illinois, 2 THG has the right, power, and authority to enter into, execute, delver and perform this Agreement. and THG is in compliance with al. Requirements of Law the failure to comp'y with which could affect the ability of THG to perform its obligations under this Agreement; Page 74 of 82 3. the execution, delivery and performance by THG of this Agreement has been duly authorized by all necessary corporate action, and does not and will not violate its organizational documents, as amended and supplemented, any of the applicable Requirements of Law, or constitute a breach of or default under, or require any consent under, any agreement, instrument, or document to which THG is now a party or by which THG is now or may become bound; 4. there are no actions or proceedings by or before any court, governmental commission, board, bureau or any other administrative agency pending, threatened, or affecting THG which would impair its ability to perform under this Agreement; and 5 THG has sufficient financial and economic resources to implement and complete its obligations under this Agreement. THG has no knowledge of any liabilities, contingent or otherwise, of THG which might have a material adverse effect upon its abi'ity to perform its obligations under this Agreement. B. Scott Ward. Ward represents, warrants and agrees as the basis for the undertakings on his part contained in this Agreement that: ' . Ward is an individual with the right, power, and author ty to enter into, execute, deliver and perform this Agreement, and Ward is in compliance with all Requirements of Law, the failure to comply with which could affect the ability of Ward to perform his obligations under this Agreement; 2. there are no actions or proceedings by or before any court, govemmental commission, board, bureau or any other administrative agency pending, threatened, or affecting Ward which would impar his ability to perform under this Agreement; and 5. Ward has sufficient financial and economic resources to implement and complete his obligations under this Agreement. Ward has no knowledge of any liabilities, contingent or otherwise, of Ward which might have a material adverse effect upon h's ability to perform his obligations under this Agreement. C The City of Des Plaines. The City represents, waaran:s and agrees as the bas's for the undertakings on its part contained in this Agreement that: the City is a municipal corporation duly organized and validly existing under the law of the State of Illinois and has a'l requisite corporate power and authority to enter into this Agreement; 2 the execution, de ivery and the performance of the Agreement and the consummation by the City of the transactions provided for herein and the compliance with the provisions of this Agreement: () have been duly authorized by all necessary corporate action on the part of the City, (ii) requ!re no other consents, approvals or authorizations on the part of the City 'n connection with the City's execution and delivery of this EXHIBIT A Page 75 of 82 Agreement, and (iii) shall not, by lapse of time, giving of notice or otherwise result in any breach of any term, condition or provision of any indenture, agreement or other instrument to which the City is subject; and 3. to the best of the City's knowledge, there are no proceedings pending or threatened against or affecting the City or the Property in any court or before any governmental authority that involves the possibility of materially or adversely affecting the ability of the City to perform its obligations under this Agreement. SECTION 8. ENFORCEMENT. The parties to this Agreement may, in law or in equity, by suit, action, mandamus or any other proceeding, including without limitation, specific performance, enforce or compel the performance of this Agreement: provided, however, that the Developer agrees that it will not seek, and does not have the right to seek, to recover a judgment for monetary damages against the City or any elected or appointed officials, officers, employees, agents, representatives, engineers, or attorneys thereof, on account of the negotiation, execution, or breach of any of the terms and conditions of this Agreement. In addition to every other remedy permitted by law for the enforcement of the terms of this Agreement, the City shall be entitled to withhold the issuance of building permits or certificates of occupancy for any portion of the Property at any time when the Deve'oper has failed or refused to meet fully any of its obligations under this Agreement after reasonable notice and an opportunity to cure. In the event of a judicial proceeding brought by one party to this Agreement against the other party to this Agreement, the prevailing party in such judicial proceeding shall be entitled to reimbursement from the unsuccessful party of all costs and expenses, including reasonable attorneys' fees, incurred in connection with such judicial proceeding. SECTION 9. GENERAL PROVISIONS. A. Notice. Any notice or communication required or permitted to be given under this Agreement shall be in writing and shall be delivered: (i) personally, (ii) by a reputable overnight courier, (iii) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid. Unless otherwise expressly provided in this Agreement, notices shall be deemed received upon the earlier of (a) actual receipt; (b) one business day after deposit with an overnight courier as evidenced by a receipt of deposit; or (c) three business days following deposit 'n the U.S. mail, as evidenced by a return receipt. By notice complying with the requirements of this Section 9.A, each party shall have the right to change the address or the addressee, or both, 'or all future notices and communications to such party but no notice of a change of addressee or address shall be effective until actually received. Notices and commun cations to C ty shall be addressed to, and delivered at the fo owing address: City of Des Plaines c/o City Manager 1420 Miner Street Des Plaines, Illinois 600 6 EXHIBIT A Page 76 of 82 With a copy to: General Counsel Peter M. Friedman Holland & Knight LLP 131 S. Dearborn, 3091 Floor Chicago, Illinois 60603 Notices and communications to THG shall be addressed to, and delivered at, the following addresses: [INSERT] With a copy to: [INSERT] Notices and communications to Ward shall be addressed to, and de.ivered at, the following addresses: [INSERT] With a copy to: [INSERT] B. Time of the Essence. Time is of the essence in the performance of all terms and provisions of this Agreement. C. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements and negotiations between the parties whether written or oral, relating to the subject matter of this Agreement. D. Exhibits. Exhibits 1 through 2 attached to this Agreement are, by this reference, incorporated in and made a part of this Agreement. In the event of a conflict between an exhibit and the text of this Agreement, the more specific term shall control. E. Amendments and Modifications. No amendment or modification to this Agreement sha" be effective unless and until it is reduced to writing and approved and executed by all parties to this Agreement in accordance with al applicable statutory procedures F. Governing Law. This Agreement shall be governed by, and enforced in accordance with, the internal laws, but not the conf icts of laws rules, of the State of I 'Innis. G. Changes in Laws. Un ess otherwise expl Yy provided ;n this Agreement, any reference to any Requirements of Law shal' be deemed to include any modifcations ofor amendments to such Requirements of Law as may, from time to time, hereinafter occur. H. Non -Waiver. The City shall be under no ob'igation to exercise any of the rights granted to it in this Agreement. The failure of the City to exercise at any time any right granted Page 77 of 82 to the City shall not be deemed or construed to be a waiver of that right, nor shall the failure void or affect the City's right to enforce that right or any other right. 1. Severabilitv. It is hereby expressed to be the intent of the parties hereto that should any provision, covenant, agreement, or portion of this Agreement or its application to any person, entity, or property be held invalid by a court of competent jurisdiction, the remaining provisions of this Agreement and the validity, enforceability, and application to any person, entity, or property shall not be impaired thereby, but the remaining provisions shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Agreement to the greatest extent permitted by applicable law. J. No Third Party Beneficiaries. No claim as a third party beneficiary under this Agreement by any person, firm, or corporation shall be made, or be valid, against the City, or the Developer. [END OF TEXT - SIGNATURE PAGES FOLLOW] EXHIBIT A Page 78 of 82 IN WITNESS WHEREOF, the parties hereto have affixed their signatures the date and year first above written. ATTEST: By Its: City Clerk ATTEST: By: Its: CITY OF DES PLAINES, an Illinois home rule municipal corporation By: Michael G. Bartholomew Its: City Manager [TAP HOUSE GRILL DES PLAINES, LLC], an Illinois limited Iiablrty company By: Its SCOTT WARD, an ;ndividual By: Its: EXHIBIT A Page 79 of 82 STATE OF 'LLINOIS ) SS COUNTY OF COOK ) The foregoing instrument was acknowledged before me on day of , 2013 by Matthew Bogusz, the Mayor of the CITY OF DES PLAINES, an Illinois home rule municipal corporation, and by Gloria J. Ludwig, the City Clerk of said municipal corporation. Signature of Notary SEAL My Commission expires: STATE OF ILL NOIS ) SS COUNTY OF COOK ) On 20" 3 , the and , the of [TAP HOUSE GRILL DES PLAINES, LLC], an Illinois limited liability company, which individuals are personally known to me, appeared before me and acknowledged that they signed the foregoing instrument for and on behalf of said corporation as their free and voluntary act and as the free and voluntary act of said corporation for the uses and purposes herein mentioned. Signature of Notary SEAL My Commission expires: STAVE OF LLINO'S ) SS COUNTY OF COOK ) On , 2013, SCOTT WARD, an individual, which individual is personally known to me appeared before me and acknowledged that he signed the foregoing instrument for and on behalf of himse.f as h s free and vo untary act for the uses and purposes here& mentioned Signature of Notary SEAL My Comm ssion expires: EXHIBIT A Page 80 of 82 EXHIBIT 1 LEGAL DESCRIPTION OF PROPERTY (to be provided in final version of document) EXHIBIT A Page 81 of 82 EXHIBIT 1 LEGAL DESCRIPTION OF PROPERTY (to be_provided in final version of document) Page 82 of 82 UNFINISHED BUSINESS r CM OF DES PLAINES ILLINOIS UnfmishedBusiness Item #1. City of Des Plaines Community Development Planning & Zoning Division 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5306 Fax: 847-827-2196 MEMORANDUM Date: May 23, 2013 To: Michael G. Bartholomew, MCP, LEED AP, City Manager From: Alexander Dambach, AICP, PP, Director of Community and Economic Development Subject: Conditional Use Permit, 2300 Mannheim Road, Case # 13 -003 -CU Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the expansion of a Banquet Hall (Commercial Indoor Recreation — Dance Hall) within a fabric structure in the C-3 District. Analysis: At its May 20, 2013 meeting the City Council directed staff to prepare an ordinance to approve the request for a Conditional Use permit for the expansion of a Banquet Hall (Commercial Indoor Recreation — Dance Hall) within a fabric tent structure in the C-3 Zoning District. subject to conditions. Recommendation: The City Council should approve the Ordinance (Z-14-13) to approve the requested Conditional Use Permit at 2300 Mannheim Road, subject to conditions. Exhibits: Ordinance (Z-14-13) for the approval of the Conditional Use Permit. Page 1 of 17 CITY OF DES PLAINES ORDINANCE Z - 14 - 13 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF A COMMERCIAL INDOOR RECREATION BANQUET FACILITY IN THE C- 3 DISTRICT AT 2300 MANNHEIM ROAD, DES PLAINES, ILLINOIS. (CASE #13 -003 -CU). WHEREAS, an application was made by Diamond Holdings I, LLC ("Petitioner") to the City of Des Plaines' Department of Community and Economic Development for a Conditional Use Permit to allow for the expansion of a Commercial Indoor Recreation Banquet Facility within a tent structure pursuant to Section 7.3-6 C. of the Zoning Ordinance at the Subject Property commonly known as 2300 Mannheim, Des Plaines, Illinois ("Subject Property"); and WHEREAS, the Subject Property is owned by the Petitioner; and WHEREAS, the Subject Property is located in the C-3, General Commercial District and is legally described in Exhibit A attached to, and by this reference, made a part of this Ordinance; and WHEREAS, the Petitioner currently operates a banquet facility on the Subject Property and has constructed a 60 foot by 100 foot tent structure ("Tent") that serves as an expansion of the Petitioner's existing banquet facility; and WHEREAS, on January 18, 2011, the City Council adopted Ordinance Z-3-11, granting a limited term Conditional Use Permit to allow the Petitioner to maintain and operate the Tent on the Subject Property for a period of two years subject to extensive and detailed conditions; and WHEREAS, prior to the expiration of Ordinance Z-3-11, the Petitioner submitted its application to the City to allow the Tent to remain in place and continued to be operated as a Commercial Indoor Recreation Banquet Facility pursuant to Section 7.3-6 of the Zoning Ordinance; and WHEREAS, within fifteen (15) days of the receipt thereof, the Petitioner's application was referred by the Department of Community and Economic Development to the City's Zoning Board of Appeals; and WHEREAS, within ninety (90) days from the date of said application, a public hearing was held by the Zoning Board of Appeals on March 12, 2013 pursuant to notice published in the Des Plaines Journal on February 8, 2013; and WHEREAS, notice of the public hearing was mailed to al] property owners within 300 Page 2 of 17 feet of the Subject Property; and WHEREAS, during the public hearing, the Zoning Board of Appeals heard competent testimony and received evidence with respect to how the Petitioner intended to satisfy and comply with the provisions of the Zoning Ordinance. The Zoning Board of Appeals failed to recommend approval of the Petitioner's application by a vote of 2-5; and WHEREAS, the City Council has considered the written report of the Zoning Board of Appeals, together with the applicable standards for Conditional Use Permits set forth in the Zoning Ordinance, and the Community and Economic Development Staff Memorandum dated May 2, 2013, and has determined that it is in the best interest of the City and the public to grant the Petitioner's application for a Conditional Use Permit to allow for the expansion of a Commercial Indoor Recreation Banquet Facility within the Tent on the Subject Property in accordance with the provisions of this Ordinance; NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County Illinois, in the exercise of its home rule powers, as follows: SECTION 1. RECITALS. The recitals set forth above are incorporated herein by reference and made a part hereof, the same constituting the factual basis for this Ordinance. SECTION 2. CONDITIONAL USE PERMIT. Subject to and contingent upon the conditions, restrictions, limitations and provisions set forth in Section 3 below, the City Council hereby grants the Petitioner a Conditional Use Permit to allow for the expansion of a Commercial Indoor Recreation Banquet Facility within the Tent on the Subject Property. The conditional use granted herein is consistent with and equivalent to a "special use" as referenced in Section 11-13-25 of the Illinois Municipal Code. 65 ILCS 5/11-13-25. SECTION 3. CONDITIONS. The Conditional Use Permit granted in Section 4 above shall be, and is hereby, expressly subject to and contingent upon the fol'owing conditions, restrictions, limitations, and provisions: A. Compliance with Plans and Codes. The development, use, and maintenance of the Subject Property shall be in strict compliance with the following documents and plans, except for minor changes and site work approved by the Director of Community and Economic Development in accordance with all applicable City codes, ordinances, and standards, including, Page 3 of 17 without limitation, Sections 3.4-8 "Limitations on Conditional Uses" and 3.4-9 "Effect of Approval" of the City's Zoning Ordinance: 1. That certain "Proposed Tent Floor Plan" prepared by Prosi Design, Inc., dated June 21, 2010, attached as Exhibit B and, by this reference, made a part of this Ordinance; 2. Those certain "Existing Building Floor Plans" prepared by Prosi Design, Inc., and dated January 22, 2013, attached as Exhibit C and, by this reference, made a part of this Ordinance; and 3. That certain "Aerial photograph with proposed wall location" submitted on January 17, 2013, attached as Exhibit D and, by this reference, made a part of this Ordinance. B. Additional Operational Conditions. The maintenance and operation of the Tent on the Subject property expressly subject to and contingent upon the following conditions: 1. An annual inspection of the Tent will be performed by the manufacturer or seller of the Tent, between April 1st and 151h of each year with representatives from the City's Community and Economic Development Department and Fire Department staff present. The Petitioner will pay the City, no later than January 15tn of each year, an annual fee of $250.00 to cover the City's costs associated with this inspection. 2. A minimum of two employees must be present at each event held in the Tent who have received annual training in the use of fire extinguishers and can assist in the evacuation of guests. 3. No exit doors or paths in the Tent may be covered, or otherwise blocked from view or access. 4. No open flames, Sterno warmers, pyrotechnics, or candles may be used in the Tent at any time, with the sole permitted exception of "Unity Candles" at wedding receptions, which may only be kindled on a metal or other fire retardant surface, and must be extinguished immediately following the lighting ceremony. 5. No cooking inay be conducted in the Tent. 6. All decorations and wall coverings must comply with the Internarioi'al Fire Code. as adopted and amended by the City. 7 The Petitioner will maintain the exterior of the Tent in a clean and undamaged condition at all times. Page 4 of 17 8. Prior to issuance of the Conditional Use Permit, the Petitioner will be required to post security in the form of a letter of credit acceptable to the City's General Counsel and in an amount sufficient to pay for the disassembly and removal of the Tent from the Subject Property in the event that the Tent falls into disrepair or is required to be removed from the Subject Property as a result of the expiration or revocation of the Conditional Use Permit. 9. The Tent inay be used to host events only between the hours of 7:00 a.m. and midnight, with amplified sound limited to between the hours of 8:00 a.m. and midnight. 10. The live performance of music by bands or musicians is prohibited on any exterior portion of the Subject Property, including within the Tent. Only prerecorded music will be permitted to be played within the Tent. 11. The use of subwoofers is prohibited on any exterior portion of the Subject Property, including within the Tent. 12. The audio amplification system installed in the Tent must incorporate sound level limiters which will be set at the most restrictive level that still provides a satisfactory experience for guests on the Subject Property. 13. Prior to issuance of the Conditional Use Permit, sound meters with a visible indicator to warn when sound levels are exceeding a pre -established noise must be installed within the Tent. A commercial sound monitoring system equal or exceeding in quality a SoundEar II system must be used. 14. Prior to issuance of the Conditional Use Permit, the Petitioner will cause sound absorbing materials with a minimum noise reduction coefficient of 0.80 (NRC 0.80 min.) to be affixed to the exterior of the west wall of the building. 15. Prior to issuance of the Conditional Use Permit, the Petitioner will construct or cause to be constructed a sound barrier wall ("Barrier Wall") in the approximate location depicted in Exhibit D, that satisfies all of the following standards: (a) The Barrier Wall will be constructed with a sound absorbing finish on the side facing the Tent with a minimum noise reduction coefficient of 0.80 (NRC 0.80 min.) (b) The Barrier Wall will be constructed to provide a transmission loss (Ti of 20 dB or greater in all octave bands from 31.5 Hz to 4.000 Hi (c) The Barrier Wall will be constructed using those materials and to a height from grade recommended by Shiner -- Associates that will result in a 6-7 dB sound level reduction. The Petitioner will, as a precondition for the issuance of any building permits for the Barrier Wall, provide the City Page 5of17 with construction plans for the Barrier Wall that conform with Shiner + Associates' recommendations. (d) Prior to issuance of the building permit for the sound barrier wall, the Zoning Administrator shall review and consider the exterior appearance of the Barrier Wall. 16. The Petitioner will be required to install all improvements necessary to comply with the conditions set forth in this Ordinance, including, without limitation, the construction of the Barrier Wall, no later than 120 days after the City Council's approval of this Ordinance. Failure to comply with this condition will result in the immediate enforcement of all applicable provisions of the Zoning Ordinance and the City Code. 17. The City Council shall reevaluate the conditions of this Ordinance pertaining to sound/noise levels one year following the effective date of this Ordinance and may require, at the Petitioner's sole cost and expense, the construction of additional sound mitigating site improvements, which may include, without limitation, a second sound barrier wall located directly to the south and east of the adjacent residential properties so as to provide additional reductions in sound levels of 10 dB or greater. The location of such additional improvements will be determined by a third party acoustical engineer taking into account property ownership. 19. Sound levels emitted from the Subject Property may not exceed the standards of Illinois Pollution Control Board at any residential property line as set forth in Part 901 of Chapter 1 of Subtitle H of Title 35 of the Illinois Administrative Code (Sound Emission Standards and Limitations for Property Line Noise Sources). SECTION 4. NONCOMPLIANCE. A. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this Ordinance will be fined not less than seventy-five dollars ($75.00) or more than seven hundred and fifty dollars ($750.00) for each offense. Each and every day that a vio;ation of the Ordinance is allowed to continue on the Subject Property will constitute a complete and separate offense. In addition, the appropriate authorities of the City may take such other action as they deem proper to enforce the terms and conditions of this Ordinance, including, without limitation, an action in equity to compel compliance with its terms. That any person, firm or corporation violating the terms of Page 6 of 17 this Ordinance may be subject, in addition to the foregoing penalties, to the payment of court costs and reasonable attorneys' fees. B. In the event that the Petitioner fails to develop or maintain the Subject Property in accordance with the plans submitted, the requirements of the Zoning Ordinance, or the conditions of this Ordinance, the Conditional Use Permit granted in Section 2 of this Ordinance may be revoked after notice and hearing before the Zoning Administrator of the City, all in accordance with the procedures set forth in Section 4.7 of the Zoning Ordinance. In the event of revocation, the development and use of the Subject Property will be governed solely by the regulations of the C-3 General Commercial District. Further, in the event of such revocation of the approval of the Conditional Use Permit, the City Manager and City's General Counsel are hereby authorized and directed to bring such zoning enforcement action as may be appropriate under the circumstances The Petitioner acknowledges that public notices and hearings have been held with respect to the adoption of this Ordinance, has considered the possibility of the revocation provided for in this Section, and agrees not to challenge any such revocation on the grounds of any procedural infirmity or any denial of any procedural right, provided that the notice and hear required by Section 4.7 of the Zoning Ordinance is provided to the Petitioner. SECTION 5. BINDING EFFECT; NON -TRANSFERABILITY. The privileges, obligations, and provisions of each and every Section of this Ordinance are for the sole benefit of, and shall be binding on, the Petitioner, except as otherwise expressly provided in this Ordinance. Nothing in this Ordinance shall be deemed to allow this Ordinance to be transferred to any person or entity wthout a new application for approval for any person or entity other than the Petitioner. Page 7 of 17 SECTION 6. TERM. The Conditional Use Permit granted in Section 2 of this Ordinance shall automatically expire, and the use of the Tent must cease, on the date that is eighteen months after the City Council's approval of this Ordinance. SECTION 7. EFFECTIVE DATE. A. This Ordinance shall be in full force and effect only after the occurrence of the following events: 1. its passage and approval by the City Council in the manner provided by law; 2. its publication in pamphlet form in the manner provided by law; 3. the filing with the City Clerk by the Petitioner of an unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance, and demonstrating the Petitioner's consent to its recordation. Said unconditional agreement and consent shall be in substantially the form attached as Exhibit E, and, by this reference, made a part of this Ordinance; and 4. the recordation of this Ordinance together with such exhibits as the City Clerk deems appropriate for recordation in the Office of the Cook County Recorder of Deeds. The Petitioner shall bear the full cost of such recordation. B. In the event that the Petitioner does not file with the City Clerk a fully executed copy of the unconditional agreement and consent referenced in Section 7.A.4 of this Ordinance. within 60 days after the date of passage of this Ordinance by the City Council, the City Council shall have the right, in its sole discretion, to declare this Ordinance null and void and of no force or effect. SECTION 8. SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect w thout affecting the validity of the remaining portions of the Ordinance. [SIGNATURE PAGE FOLLOWS] Page 8 of 17 PASSED this day of , 2013. APPROVED this day of , 2013. VOTE: AYES NAYS ABSENT ATTEST: CITY CLERK Mayor Matthew Bogusz Published in pamphlet form this Approved as to form: day of , 2013. CITY CLERK Peter M. Friedman, General Counsel Page 9 of 17 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THAT PART OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE 3`d PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS; COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTH- WESTERLY LINE OF MANNHEIM ROAD AS CONDEMNED PER CASE NO 64-C-21263, WITH A LINE DRAWN PERPENDICULAR TO THE WEST LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 24 THROUGH A POINT ON SAID WEST LINE 1848.13 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 24 (AS MEASURED ALONG SAID WEST LINE); THENCE WESTERLY 451.948 FEET ALONG SAID PERPENDICULAR LINE TO THE POINT OF INTERSECTION WITH A LINE DRAWN PERPENDICULARLY TO THE NORTH LINE OF TOUHY AVENUE AS CONDEMNED PER CASE NO. 64-C-21263 SAID PERPENDICULAR LINE BEING DRAWN THROUGH A PINT ON SAID NORTH LINE OF TOUHY AVENUE 610.0 FEET WEST OF THE POINT OF INTERSECTION OF THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID TOUHY A VENUE WITH THE SOUTHEASTERLY EXTENSION OF THE AFORESAID SOUTHWESTERLY LINE OF MANNHEIM ROAD THENCE SOUTH ALONG THE LAST DESCRIBED PERPENDICULAR LINE, A DISTANCE OF 240.884 FEET TO A POINT 452.974 FEET (AS MEASURED ALONG THE LAST DESCRIBED PERPENDICULAR LINE) NORTH OF THE NORTH LINE OF SAID TOUHY AVENUE AS CONDEMNED PER CASE NO. 64-C- 21263, THENCE EAST PARALLEL WITH THE SAID NORTH LINE OF TOUHY AVENUE 510.931 FEET TO A POINT ON SAID SOUTHWESTERLY LINE OF MANNHEIM ROAD; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE A DISTANCE OF 277.84 FEET TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS. Commonly known as 2300 Mannheim Road, Des Plaines, Illinois 60018 PIN: 09-29-403-008-0000 Exhibit A Page 10 of 17 Tent Floor Plan EASTNOl4MTn0E9 --� irg 1 \\‘ �- sc oAm cl`\: I T: � D D JP6 n. B _C ._B ly1 I1\ rn\ iD g ,D W OI -0' OONCILIC MORIRO iBA.WERIM OMR T ma A I, MD 4E ET .. I _ B V. I1 IE\ 'I( rn muuuj 1D D `` XV GAR J C r` \ C =c • / D MIT ootnv® 411 WUCOEIKE. FE 0 ;_ c Q 0 c co 0 4►0I eAa CJ GO/R • D CHNOCLICA c O0 R 0 0 RUT /v ORT SOIEMrn O IKVISTE MSE c V c OPROPOSED TENT PLAN c ID rit .1 �e 11.111 S%fl IOW m. 0 c 1 1 E \ 0 moo ID \ 1 1 l.8mou wtwRc C msx D 111 I I 1 111 11 1 Fl i Li 11 OPROPOSED SITE PLAN 1 r •lad 178 TOTAL ON SITE PARKING STALLS AVAILABLE. TENT POST ANCHORING SCHEDULE TYPE A TYPE Et TYPE C TYPE 0 8'-0' DEPTH X 30' OIA. TOTAL 8 6,0' DEPTH X30" DIA. TOTAL 28 4'-0' DEPTH X 36' DIA. TOTAL 8 (CENTER POLES 4•.0' DEPTH X 12' DIA. TOTAL 32 (SIDE POLES) EXISTING PLUMBING FIXTURE SCHEDULE EXISTING MEMS SINKS 5 URINALS 7 TOILETS 4 EXISTING WOMEN'S SINKS 6 TOILETS B DRESSING AREA SINKS 4 TOILETS 3 1 a 0 Exhibit B A-1 Page 11 of 17 L� t 1 Tent Floor Plan OPT - - - -1{D- -1�- (4) of 70-1 0 304148 GOO 3/eLl M OPLL ■ '1011 0 0 2 SETS OF 3 0-2.1 M3/o rc IMMCannon . Craw .loe3 Ce an/ Mae OMWeen; one noon.n Ws na Io nnew the panel .drk4- Total Ind waled 70 rot .a. 606 of w .emmain oos now 120/2000. ]P. 44 01300 Q 410 SPML 5047.E 1 0 3004 ]P, 10443 91 - - - -201.-3P, law a■ MI •01 - r0 Arm BOAND n ME MAWR ROOK To or -i I i l' ma 4 '2'11,24 G ( 0 12319 P-2 ■ MC 107M 00 •00, • • O •QO• 000 0 0 0 ❑ 00,0 • • O - ,o 0 0 ■ • m •f•. i13•00 ■1x1■' O0 < ENCPCMCY 4.047 10111 005 v0 a •• 0 7P,, 00 00 >j10 O. 1:3O0 C QO`� DO •v O 000 200 Q 00 ❑( • 00 •. °o 00 710107 . 544110LF317 • 0/• • 0 • 1115, i 0• ■ 0145077145 - =O1 ••_ ,•*GR •s'• 0 i • • oo� 0 O ❑ EXISTING MAIN SWITCHBOARD63 2000A 110/20. 41 SP. • •0• 204 320 419 33 6T v+ VI 91 11-10 NM SR 3r-1 51-11 51-16 A-3 51-12 S44 R - 51-13 51-20 51-3 541-14 M-21 43-6 51-15 SM -7 91-14136-6 54-22 51-12 SW -2351-37 20008 51-16 MAI) 9-24 5a-25 SINGLE LINE DIAGRAM W 7110 0(MING) ■ 0 •• •O O (h O; a 0Q • oa 0 wig* r,r Cir •• Oa O ►. •�. a ■ 0 • ■ �• 0 eivAt GIRO .1 T. �■ ❑ f.ro. •. �• .:'1P. ��' _ • Deal r. HEW, m ra riAt eN4mw _Aso. 41 e0A 9. NOW M • • � 1343 � SAetvl ■o� o •0 • 0 0�•ite ■ O •• • �•• ■ • 0 0 TEM 3nw1 ,001 DOLMN4 IeOC E no TENT AM 04541 SE 10 FOT QLAR CCMRED *0 CO1UI •° •• ■ ■ • 0b- ° 00 000 1 1 l • ;P•• an SIGN• 06010367 LOW • O ■ `r•7 0 P �■ .. 00n0 . °* •000 0 0 ■•0 •� �0 • ■ 0 0 :'• •• •• 0 OR •'Lr Oa •• II LP1S 10 1P-, _ 3201 •0 -• 0 7 • ■• .0 • • O 0 DRso. 4 mummy MR 0 ELECTRICAL FLOOR PLAN 1/6•.,.7 Loam COBOL Pon Xao 171 Off 2 07 3 QT 4 03 3 00 OR 7 070 SME M rYYYYA 2043 COMM. 60ATSJ MR O MER 110100 SNKH PALL SE LOWED ON INE EARSOE 1AU. 1101 IO M 001 00011 AS SHOW ON PLAN. SAT'M WILL 254 MRI NUN 3R oFaAs1RE. ar 1 !•1101 Fff TENT POWER CONTROL DIAGRAM I 1 (Al (h WI• 04 r NM PANELS 01.931130 FLOOR PLAN NOTES: OA0 COADM01010 War. Mk 2001. 3P PRIME 3004 3P NEW 51 L109. 04006517 11704. PPR 1007006 IPef. 400 200. 3P ROME 104 31. 1E149 • St LOCAL 013•CONOTECI 511734 704? 5701011044. 0031110 ON C00447 FROM 111D01 PC00 4 ROM M TEMP 014013104. CROW 70 TIO (2) EFAO■R at PROOF 2010!50. Cr0 RECEPTACLE 131711714 WM 0001310 ON 763 SW ONE 8200 101110 FOR 7147020 4154110 AT 10 IEET AROSE 12C FLOOR RIO 01 301 CUTLET T3" 304E M FL001 FOR 0W7E1Mt7S 1470 OW RIM TOR 11 NOT DCCVE4. Ara OMITS SHALL 7H MO. w113400 NOV DOA= MIO 1ASE0LO MM FRONT CO10. 1104577 AND 045001. RE1 SMUCTi5AL COLW1011/ANI 5' 13145751 :ICO 11 80TO !120011 04*4.0 T UGIT AS SAHARA RR COD 13 man moo 7E 571{115454 400145 »20 NpEAR, 1PAERCRIMD 70 1Y1 3410 SO 71A3R PLVI FOR PAW 100 SWVC11e4L 107453 RUN COMP FROM R201311906I0 1i FLOC 7E MIT S1RUCRIPM COMM 10 MO MORARI (ZA CURETS REAMER PROOF 0100 SEE 111020 01119 161 0107 • 111547 0. 0 00717 FOR U00114 0 10 FUT A00 07 M FIDO1 W7171 TULL a as 6EATCR PROW 003030 Ar20 CAME= WITH MOIR OMER. 20COOPER CROMORG ORO 5/6. W. 10 111 -0 41320 O41 14 W 4000066 110 O N COPPER 013 0093 ,7103 1540'/106 ALL 54544/154 06 3TQL 0317 SUPPORT TO 1E 19090010 10 L GEND AND FIXTURE SPECIFICATIONS. QX) GFCI GFCI 6Wegner prod 310)107 7 5.01 wIt0. 0 44.4 13 0•Jr-0, W rwonew k 547 5¢15470 s 474-14 NWA1.43e rMnenN.-tion Hod .43010 74nowler c MawMe. heads k 5.1,43 n sone 441. wertio 54 won Rn taw. Howe d 5ta7a4 we 74 power Own ,w 74 Nes 6503. 19110.7 20/277 MISINY 484. Lw •••••• d43.59, 13.5101 754454044 977049. 3-134*. 5597 nate PrM•b-0451 wean. k down Hon Oat FOR. en -9149 5anw1 11v7.e ' - nil or dnn Wenn 13901 Conslohnow loft 4n ar a 073107 1 I+A Melee k e.on M nor.no v Mb ooed 504-0. 07e7•aMene Nb .•- Nw,A.sW .n,eneet.-N.. w0 =Won 6:7nlyNlp H needs. non it en. ere ..ewe .en a44Y,Nwn None 1017 4.445. Soave of w.Oed4.w to pont fray no 74wren non 101.4710/277 ..weenie w4R Leo new. 00.01.022. Woman Pn.n en nsaw. 3-62014 10 AR. Wormer. 4455434-7Nt en" t than M. 001 5444. Pr• /MO O wwnyw Pawn W on w neon y 445. Ton 7.141. 1311 4 Sb with red 01025 18101. 1441 7 . 04 4 1.7 641 5 7 0 1117 Exhibit B Page 12 of 17 Existing Building Floor Plans J Concrete Romp Elevator & IJTC,1b11 STORAG[ .1272 _ 9O. rt Fr. 11 sty: in. r, Concrete Romp I 7� a) 0 c) TOItZT EAR i� ?A' r 9TGRAce APIA 5RI5,016 000 o 00 off- 000° 000° ° O o oo ° o oo 0 O Q o O � o QO U 0 0 Oo. o° Q�O O �o poo COOXIA 000 00 0J,R5 CO 0.n 5,29 0 Q vo� r0,0.0 o 000 _)000) 0Q0Af'15WAEU 3093 ± 50. FT. 0On OOw�QU CrcC (0 7 0p010 000 Opo Mr UP K200 o- °O <00 OJ OO �O O G�'O. O 1 Q 000 _ 0 GOQO OUOQ ° �O O 0�0O 00 (30.6° Opo 0.0 .0 G 00 0o Ooo °0000 000 00 Jo 00 000 °O OGO O' ° ono o� 00 0 0 0 0 0 1 00 n off° MKR oeo _ 9a FT VESTIOULf 15 concrete retaining wail Pr;rL Wnllr , EXISTING FLOOR PLAN (MAX. OCCUPANCY) /•-.-17 NORMANDY ROOM 3.633 ± 50. FT. MAX. OCCUPANCY 200 ATHENAEUM ROOM 3,093 ± SQ. FT. MAX. OCCUPANCY 200 VER5A!LLE5 ROOM 5,294 ± 50. FT. MAX. OCCUPANCY 400 n 0 �( m o_ 5' • Exhibit C 1 ffi W � Z co z0 o§ i-1 Z ..,I= a- Z(5 r6N O co LX W A -I Page 13 of 17 Existing Building Floor Plans 0 0 0 /• J 'r L� Concrete Romp 0°0 X10 0 0 0 C Jo ❑0 OD 0 O❑O VERSAILLES ROOM I L 5,294 ± 50. FT. 000 MIN. O fNCY 180 0 MO O no O3 0000 00 0 VESTIBULE concrete retaining wall rOKR 1 OEO 2 SO rT urcnEn STC M.L .�2-7 2 9O ri • a`) cn c-5 -7--E -fir sto, 00� 0 00 oO OROENAEUM RO&O 3093 ± SQ. FT. MIN. OCCUPANCY 80 O, -O Q U Concrete Romp w.i.B. cunO TOILET 00 O D STORAGE AREA ❑� p NORMANDY ROSH 3633 ± SQ. FT. MIN. OCCUPANCY 80 COO C 0 �n 0 0 0 0 0 Oo U 2 co W Pr:rb Wr,II, CEXISTING FLOOR PLAN - (MIN. OCCUPANCY) NORMANDY ROOM �•-,•.r 3,633 ± SQ. FT. MIN. OCCUPANCY 80 COATS 200 SO. r;. 1ALA veSnm3Lf ATHENAEUM ROOM VERSAILLES ROOM 3,093 ± 50. PT. 5,294 ± 5Q. FT. MIN. OCCUPANCY 80 MIN. OCCUPANCY 180 Exhibit C 2 8 0 0 2 Lu Z D coz 24 Z _ isJ J = N Z W Z O rna D z rn go Orn" LL X w A-2 Page 14 of 17 Proposed Barrier Wall Location 1 NEW 14'-0" SOUND WALL APPROX. 110' Exhibit D Page 15 of 17 EXHIBIT E UNCONDITIONAL AGREEMENT AND CONSENT TO: The City of Des Plaines, Illinois ("City"): WHEREAS, Diamond Holdings I, LLC, a Delaware limited liability company ("Petitioner") has applied to the City of Des Plaines for a Conditional Use Permit to allow the expansion of a Commercial Indoor Recreation Banquet Facility within a tent structure pursuant to Section 7.3-6 C. of the Zoning Ordinance at the Subject Property commonly known as 2300 Mannheim, Des Plaines, Illinois ("Subject Property"); and WHEREAS, the Subject Property is owned by the Petitioner; and WHEREAS, Petitioner currently operates a banquet facility on the Subject Property and has constructed a 60 foot by 100 foot tent structure ("Tent") that serves as an expansion of the Petitioner's existing banquet facility; and WHEREAS, the Subject Property is located within the C-3 General Commercial District, in which Commercial Indoor Recreational Banquet Facilities are allowed only by Conditional Use Permit; and WHEREAS, Ordinance No. Z-_-13 adopted by the City Council of the City of Des Plaines on , 2013 ("Ordinance"), grants approval of such Conditional Use Permit, subject to certain conditions, for the benefit of Petitioner; and WHEREAS, Petitioner desires to evidence to the City its unconditional agreement and consent to accept and abide by each of the terms, conditions, and limitations set forth in said Ordinance, and the Owner desires to evidence its consent to recording the Ordinance against the Subject Property; NOW, THEREFORE, Petitioner does hereby agree and covenant as follows: 1. Petitioner shall, and does hereby, unconditionally agree to, accept, consent to and abide by all of the terns, conditions, restrictions, and provisions of that certain Ordinance No. Z- -13, adopted by the City Council on , 2013. 2. Petitioner acknowledges and agrees that the City is not and shall not be, in any way, liable for any damages or injuries that may be sustained as a result of the City's review and approval of any plans for the Subject Property, or the issuance of any permits for the use and development of the Subject Propertyand that the City's review and approval of any such plans and issuance of any such permits does not, and shall not, in any way, be deemed to insure Petitioner against damage or injury of any kind and at any time. 3. Petitioner acknowledges that the public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, has considered the Page 16 of 17 Exhibit E possibility of the revocation provided for in the Ordinance, and agrees not to challenge any such revocation on the grounds of any procedural infirmity or any denial of any procedural right, provided that the procedures required by Section 4.7 of the City's Zoning Ordinance are followed. 4. Petitioner agrees to and does hereby hold harmless and indemnify the City, the Citys corporate authorities, and all City elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with (a) the City's review and approval of any plans and issuance of any permits, (b) the procedures followed in connection with the adoption of the Ordinance, (c) the development, construction, maintenance, and use of the Subject Property, and (d) the performance by Petitioner of their obligations under this Unconditional Consent and Agreement. 5. Petitioner shall, and does hereby agree to, pay all expenses incurred by the City in defending itself with regard to any and all of the claims mentioned in this Unconditional Consent and Agreement. These expenses shall include all out-of- pocket expenses, such as attorneys' and experts' fees, and shall also include the reasonable value of any services rendered by any employees of the City. 6. Petitioner warrants and represents to the City that it owns fee simple title to the Subject Property and consents to the recording of the Ordinance against the Subject Property. ATTEST: By: Its: SUBSCRIBED and SWORN to before me this day of , 2013. Notary Public Exhibit E DIAMOND HOLDINGS I, LLC, a Delaware limited liability company By Its: Page 17 of 17 CITY OF It,r DES PLAINES ILLINOIS ? nflui Basin as top i2_ City of Des Plaines Finance Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5317 Fax: 847-391-5402 MEMORANDUM Date: May 8, 2013 To: Michael Bartholomew, City Manager From: Ilana Bromber, Assistant Director of Finance 1 Cc: Dorothy Wisniewski, Director of Finance Timothy P. Oakley, Director of Public Works and Engineering Subj: 2013 Water Rate Increase, Automatic City of Chicago Rate Pass Through issue: At the April 15, 2013 City Council meeting, staff was directed to prepare an ordinance that will automatically adjust the annual City of Chicago water rate (product cost) for the purpose of passing through that cost to City of Des Plaines customers. Analysis: The City of Des Plaines water rate consists of two components: 1) the Chicago water rate (product cost) and 2) Des Plaines operation and maintenance rate. Ordinance M-4-13 only addresses the City of Chicago water rate (product cost), which for 2013 reflects the City of Chicago 15% rate increase. The Des Plaines operation and maintenance rate will remain at $2.20 per 100 cubic feet of water in 2013. This proposal would increase the City of Des Plaines water rate from $4.075 to $4.356, or 6.9% in 2013. Pursuant to the ordinance language, in subsequent years, the Chicago water rate (product cost) will automatically be included in the annual rate billed to City of Des Plaines customers. However, changes to the Des Plaines operation and maintenance rate will continue to require a separate ordinance. Attached is the staff memorandum from the April 15, 2013 City Council meeting regarding the 2013 water rate increase and the financial position of the City if the City of Chicago rate component is not passed on to our customers. Recommendation: Staff recommends approval of Ordinance M-4-13 and the resulting water rate of $4.356 per 100 cubic feet. This rate incorporates only the pass-through of the Chicago 15% rate increase and will allow the Water/Sewer fund to maintain a positive fund balance. In addition, City ordinance has established a minimum rate for the "privilege of connection with and right to use" water from the City. This rate has been set based upon a minimum usage of 500 cubic feet of water during two-month billing period and would increase from $20.38 to $21.78, or 6.9% increase in 2013. The customers outside of the Des 13! eines corpora•e :imits pay twice the minimum -aye Attachments: Attachment 1: March 5, 2013 Staff Memorandum from April 15, 2013 Agenda Attachment 2: Ordinance M-4-13 Page 1 of 10 aha. tIke DES PLAINES ILLINOIS Unfinished Business Item #1 City of Des Plaines Finance Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5317 Fax: 847-391-5402 MEMORANDUM Date: March 5, 2013 To: Michael Bartholomew, City Manager From: Dorothy Wisniewski, Director of Finance Subj: 2013 Water Rate Increase Issue: Approval of the City of Chicago pass through rate for the purchase (product cost) of water. Analysis: The City Council has discussed the water rate increase during the February 4th and February 19'h City Council meetings. The following provides a recap of the items presented during those meetings: February 46, 2013: The February 4th proposal provided for a 15% increase to the cost of water (product cost) as well as a 15% increase to the operation and maintenance (delivery cost) of water. This proposal would have increased the total water rate from $4.075 to $4.686, or 15%. With this increase, the Water/Sewer Fund revenues would slightly exceed the expenditure totals for 2013, thus ensuring that the fund does not operate in a deficit position. With this proposal the projected fund balance in 2013 would have been $1.997M. The City Council requested that other options be provided in terms of the water rate increase. February 19th, 2013: During the February 19'h City Council meeting, staff proposed an increase of 15% to the purchase (product cost) of water only and no increase to the operation and maintenance. This proposal would increase the water rate from $4.075 to $4.356, or 6.9%. With this increase the Water/Sewer Fund revenues would continue to be below expenditures (thus running at a deficit position) however the fund balance at the end of 2013 would be in a positive position of $1.289M. The City Council tabled this item for a discussion at the March 181h City Council meeting. Additional Information. Based on current language m the State Statute, the cost of water (product cost) is to be paid by funds and/or revenues derived from the operation and maintenance of the waterworks system of the municipality as indicated below. This means that the cost of the City of Chicago water can only be paid by revenues within the Water/Sewer fund and not a transfer from other City funds. (65 .LCS 5/11-124-1) (from Ch. 24, par. 11-124-1) Sec. 11-124-1. Contracts for supply of water. (a) The corporate authorities of each municipality may contract Page 1 of 6 Page 2 of 10 Attachment 1 12013 Proposed 2.156 15.0% 2.200 0.0% 4.356 6.9%1 5.266 5.64%I with any person, corporation, municipal corporation, political subdivision, public water district or any other agency for a supply of water. Any such contract entered into by a municipality shall provide that payments to be made thereunder shall be solely from the revenues to be derived from the operation of the waterworks system of the municipality, and the contract shall be a continuing valid and binding obligation of the municipality payable from the revenues derived from the operation o` the waterworks system of the municipality for the period of years, not to exceed 40, as may be provided in such contract. Any such contract shall not be a debt within the meaning of any constitutional or statutory limitation. No prior appropriation shall be required before entering into such a contact and no appropriation shall be required to authorize payments to be made under the terms of any such contract notwithstanding any provision in this Code to the contrary. Current Proposal: Staff is recommending the same proposal as was presented at the February 19th City Council meeting: an increase of the pass through Chicago water cost (product cost) and no increase to the operation and maintenance (delivery cost) of water. Additionally, staff is not recommending an increase to the sewer rates. During the 2014 budget deliberations, the City Council should discuss funding for water and sewer infrastructure projects through the possible use of partial Casino revenues. The chart below provides a historical view of water and sewer rate calculations of customers within Des Plaines corporate limits. Water Rate Calculation (per 100 cubic feet) Year 2009 2010 2011 2012 Purchase Rate from Chicago 1.316 1.500 1.500 1.875 Chicago Increase 15.0% 14.0% 0.0% 25.0% Des Plaines O&M Adj 1.912 1.912 1.912 2.200 Des Plaines Increase 0.0% 0.0% 0.0% 15.1% Des Plaines Retail Rate 3.228 3.412 3.412 4.075 % Retail Change 5.6% 5.7% 0.0% 19.4% Year 2009 2010 2011 2012 1013 Proposed Sewer Rate Calculation (per 100 cubic feet) Des Plaines O&M Des Plaines Des Plaines Adj Increase Retail Rate 0.700 0.0% 0.700 0.700 0 0% 0.700 0.700 0.0% 0.700 0.910 30.0% 0.910 0.910 0.0% 0.91017 Combined Water/Sewer Rate (per 100 cubic feet) Purchase Rate from Chicago Des Plaines O&M Adj Des Plaines % Retail Retail Rate Change 2013 Proposed 2.156 3.110 Attachment 1 Page 2 of 6 Page 3 of 10 The above increase to the water rates takes into account 15% increase for the pass-through of the Chicago purchase rate (product cost) and no change for Des Plaines operation and maintenance (delivery cost) rate component of the rate and no increase to the sewer rate. This equates to a 6.9% increase to the total water rate from $4.075 per 100 cubic feet to $4.356 per 100 cubic feet. Should this increase take effect on January 1, 2013, the projected water and sewer fund balance at the end of the 2013 fiscal year is estimated at $1.3M, which is 9% of expenditures. Current financial policies recommend a 20% fund balance within the water/sewer fund. Financial Impact: The following table provides the ending fund balance historical information as well as an analysis of the effect on the fund balance and a 15% Chicago pass through water rate increase. No rate increase 15% Chicago Pass Through Resident Impact: While the proposed increase will help maintain the Water/Sewer fund balance at its current level, it will also have a financial impact on our residents. By way of example, a high residential user (approximately 24 units of consumption bi-monthly) could expect to see an approximate $3.37 per month increase whereas an average user (approximate 16 units of consumption bi-monthly) could see an approximately $2.25 per month increase. Water Rate Survey: Staff has conducted a water rate survey of surrounding municipalities that purchase City of Chicago water to arrive at the comparable rates. Of the 10 communities that responded to the survey (See Exhibit A Table 1 on page 5 of this memo), Des Plaines is the lowest even with the proposed 15% water rate increase. Staff also conducted a survey over sewer rates and of the 23 communities surveyed, Des Plaines is 6th lowest in terms of the sewer rates (See Exhibit B Table 3 on page 6 of this memo). For information purposes Exhibit B, Table 2 is included to show the water rate charges of communities that do not purchase water from the City of Chicago. Page 3 of 6 Attachment 1 Page 4 of 10 2010 Actual 2011 Actual 2012 Budget 2012 Unaudited 2013 Proposed 2013 Recommended Beginning Balance 5,537,957 5,031,860 2,646,184 3,473,407 1,878,413 1,878,413 Revenues 11,906,919 11,293,637 10,156,500 11,704,663 11,481,700 13,661,549 Expenses (12,225,806) (12,763,270) (12,285,523) (13,320,415) (14,271,424) (14,271,424) Transfers (187,210) (88,820) 20,758 20,758 20,758 20,758 Ending Balance 5,031,860 3,473,407 537,919 1,878,413 1,289,296 Resident Impact: While the proposed increase will help maintain the Water/Sewer fund balance at its current level, it will also have a financial impact on our residents. By way of example, a high residential user (approximately 24 units of consumption bi-monthly) could expect to see an approximate $3.37 per month increase whereas an average user (approximate 16 units of consumption bi-monthly) could see an approximately $2.25 per month increase. Water Rate Survey: Staff has conducted a water rate survey of surrounding municipalities that purchase City of Chicago water to arrive at the comparable rates. Of the 10 communities that responded to the survey (See Exhibit A Table 1 on page 5 of this memo), Des Plaines is the lowest even with the proposed 15% water rate increase. Staff also conducted a survey over sewer rates and of the 23 communities surveyed, Des Plaines is 6th lowest in terms of the sewer rates (See Exhibit B Table 3 on page 6 of this memo). For information purposes Exhibit B, Table 2 is included to show the water rate charges of communities that do not purchase water from the City of Chicago. Page 3 of 6 Attachment 1 Page 4 of 10 Recommendation: Staff recommends that the City Council approve the water rate at $4.356 per 100 cubic feet. This rate incorporates only the pass-through of the Chicago rate and will allow the Water/Sewer fund to maintain a positive fund balance. In addition, City ordinance has established a minimum rate for the "privilege of connection with and right to use" water from the City. This rate has been set based upon a minimum usage of 500 cubic feet per month. The chart below details the minimum retail rates. Once again, customers outside of the Des Plaines corporate limits pay twice the minimum rate. Year 2009 2010 2011 2012 Two -Month Minimum Rate $16.14 $17.06 $17.06 $20.38 Proposed 2013 $21.78 Attachment: Ordinance M-4-13 Attachment 1 Page 4 of 6 Page 5 of 10 Exhibit A Table 1 Municipalities with City of Chicago Water Rate/ 1,000 2010 2012 Gallons Increase $9.92 * 15% $9.16 15% $8.11 15% $6.72 0% Municipality Streamwood Morton Grove Rolling Meadows Hoffman Estates Mount Prospect Elk Grove Schaumburg Park Ridge Niles Des Plaines $6.71 5% $6.50 15% $6.36 6.5% $6.08 0% $6.06 0% $5 82 14% Increase 25% 25% 25% 25% 5% in January 9.5% in May 25% 16% 25% 25% 25% 2013 Increase 15% 15% 15% 15% 9.5% Average $7.14 9% 24% 14% *Includes sewer ** Recommended 15% increase in City of Chicago pass-through, no change in O&M Attachment 1 Page 5 of 6 Page 6 of 10 Exhibit B Table 2 Municipalities without City of Chicago water Rate/ 1,000 Source of Municipality Northfield Wheeling Lake Forest Glenview Lake Zurich Carpentersville Lincolnshire Skokie Arlington Heights Cary Winnetka Palatine Evanston Gallons $6.25 $5.28 $4.99 $4.90 $4.48 $4.43 $4.43 $4.35 * $4.25 $4.01 $3.98 $3.31 $2.34 Water Winnetka NWWC Self -Supplied Wilmette Self -Supplied Self -Supplied Highland Park Evanston NWWC Self -Supplied Self -Supplied NWWC Self -Supplied Average *Includes sewer $4.38 Attachment 1 Table 3 All Municipalities Sewer Rates Municipality Lake Zurich Evanston Lincolnshire Carpentersville Rolling Meadows Northfield Cary Elk Grove Mount Prospect Winnetka Schaumburg Wheeling Glenview Park Ridge Lake Forest Morton Grove Hoffman Estates Des Plaines Arlington Heights Palatine Skokie Streamwood Niles Sewer Rate $7.08 $5.27 $5.27 $4.60 $2.63 $2.45 $2.00 * $2.00 $1.71 $1.39 $1.32 $1.31 $1.29 $1.27 $1.16 $1.09 $1.04 $0 91 $0.80 $0.78 $0.00 $0.00 $0.00 Average $1.97 ** ** * Fiat amount per bi-month'y cycle. **Sewer rate incorporated into rate charged for water Page 6 of 6 Page 7 of 10 CITY OF DES PLAINES ORDINANCE M - 4 - 13 AN ORDINANCE AMENDING TITLE 9, "PUBLIC UTILITIES," CHAPTER 1, "WATER SYSTEM REGULATIONS," SECTION 7, "RATES," OF THE DES PLAINES CITY CODE. WHEREAS, the City purchases water from the City of Chicago ("Chicago"); and WHEREAS, in 2011, Chicago notified the City that the rate it charges the City for water ("Chicago Rate") will increase over the next four years as follows: a 25 percent increase in the first year (2012) and a 15 percent increase in the second (2013), third (2014), and fourth (2015) years ("Chicago Rate Increase"); and WHEREAS, the City charges customers for water at the rates set forth in Title 9, "Public Utilities," Chapter 1. "Water System Regulations," Section 7, "Rates," of the City Code ("Retail Rate"); and WHEREAS, at the current Retail Rate, the Chicago Rate Increase will cause the City Water/Sewer Fund to run a deficit, which deficit is projected to reach $9.4 million in fiscal year 2015; and WHEREAS, the City desires to amend Title 9, "Public Utilities," Chapter 1, 'Water System Regulations," Section 7, '`Rates," of the City Code to link the Retail Rate to the Chicago Rate and prevent the Chicago Rate Increase from causing deficits in the Water/Sewer Fund; and WHEREAS, even after modifying the Retail Rate as set forth in this Ordinance, the City's Retail Rate will be lower than the rate charged by many comparable municipalities for water purchased from Chicago: and WHEREAS, the City Council has determined that it is in the best interest of the City to modify the Retail Rate as set forth in this Ordinance; 1 NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: Title 9, "Public Utilities," Chapter 1, "Water System Regulations," Section 7, "Rates" of the City Code of Des Plaines, shall be, and is hereby, amended and shall read as follows: "9-1-7: RATES: All persons connecting with the water system of the city or taking and using water from the city waterworks system shall pay for such water, as measured by the aforementioned meter, at the Mewing rates or fees set forth in this Section. as A. Inside Corporate Limits: Te For all consumers of water residing within the corporate limits of the city, the following rate or fee shall apply: 1. For all water usage after January 1, 2013, periods the retail rate per 100 cubic feet of water is fur dollars sea enth five mils ($4.075) the amount equal to the rate charged per 100 cubic feet of water by the City of Chicago for the supply of water to the city, as such rate may be amended from time to time, plus a water system operating and maintenance charge of S2.20 per eft -hundred -000) cubic feet of water used during any two 2. Fnr all water usage after January 1, 013, a consumer of water wha uses not more than 500 cubic feet of water in any two-month billing period shall be charged air minimum rate fee for any amount of water used during that two- month billing period in an amount equal to the product of the retail rate defined in Section 9-1-7.A.1 multiplied by five. B. Outside Corporate Limits, Retail Consumers: Te For all retail consumers of water residing outside the corporate limits of the city, the following rate or fee shall applY: 1. For all water usage after January 1, 2013, - .. period, the retail rate per 100 cubic fejt of water is eight dollars fifteen cents ($8.15) the amount equal to the product of the retail rate defined in Section 9-1- 74A.1 ntpltiplied hytrio. 2 :.. .t• 1 1 1 11 • 1 1 more than 5t10 cubic feet of watcrju any two-month billing uerioid shall be charged aA4 minimum rate fee for any amount of water used during that twq- month billing perio1 in an amount equal to the product of the fee defined iq Section 9-1-7.k2ingjtiplied by two . -- .. . - .. Per z SECTION 2: if any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. SECTION -3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this day of , 2013 APPROVED this day of _ , 2013 VOTE: Ayes Nays T_ Absent ACTING MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: day of__ — — -- 2013 CITY CLERK Peter M. Friedman, General Counsel NOTE: Deleted Language is Struck Through. New Language is Bolded and Double Underlined Lep' .Orth2 l3%Ordznance Amending Kater Rates with all changes #I2I78474_v3#12178474 v5 3 Attachment 2 Page 10 of 10 NEW BUSINESS ZSi DES PLAINES ILLINOIS City of Des Plaines Mayor's Office 1420 Miner Street Des Plaines, IL 60016 Tel. 847-391-5301 Fax. 847-391-5451 MEMORANDUM Date: May 28, 2013 To: City Council From: Matthew J. Bogusz, Mayor Subject Residency Requirement Issue: Consideration of removing the residency requirement from the City Code. Analysis: The current City Code requires that certain staff positions are required to maintain residency with in the City limits_ Over the past few years as recruiting has become necessary the issue of residency continues to be a limiting factor during the search process. In the next few weeks the City will once again undertake a recruitment effort for a new Community Development Director. As this process begins, now is good time to consider the benefit of removing the residency requirement. Recommendation: Consider repealing the residency requirement. Attachment- M-12-13 Page 1 of 3 CITY OF DES PLAINES ORDINANCE M - 12 - 13 AN ORDINANCE REPEALING SECTION 1-7-8 OF THE DES PLAINES CITY CODE. WHEREAS, the City of Des Plaines ("City") is a home rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, the City desires to repeal Title 1, "Administrative," Chapter 7, "City Officials," Section 8, "Residency Requirement," of the City Code of the City of Des Plaines ("City Code"); and WHEREAS, the City Council has determined that it is in the best interest of the City to modify the City Code as set forth in this Ordinance; NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as findings of the City Council. SECTION 2: REPEALER. Title 1, "Administrative," Chapter 7, "City Officials," Section 8, "Residency Requirement" of the City Code, shall be, and is hereby, repealed in its entirety and reserved for future use. SECTION 3: SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. [SIGNATURE PAGE FOLLOWS] 1 Page 2 of 3 PASSED this day of , 2013 APPROVED this day of , 2013 VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: day of , 2013 CITY CLERK Peter M. Friedman, General Counsel #23211439Wv1 1 Page 3 of 3